}(:Uc 'f (SlatnHi Slam Bt\}oni Slibratg Cornell University Library KH 75 1885 A collection of the private acts of prac 3 1924 024 528 873 Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924024528873 A COLLECTIO]N[ OF THE PEIVATE ACTS PRACTICAL UTILITY OF IN FORCE IN NEW SOUTH WALES; EMBRACING THE LOCAL PRIVATE LEGISLATION FROM THE YEAR 1832 TO THE YEAR 1885. W. W. TARLETON, M.A., BARRISTEE-AT-LAW. SYDNEY : THOMAS RICHARDS, GOVBKNMENt PRINTER, 1886. CONTENTS, Albury Gas Companjr (Limited) Act of 1883 AH Saints' Parsonage Act of 1875 ... Anvil Creek Coal-mining Company's Incorporation Act of 1874 Armidale Roman Catholic Church School and Presby- tery Land Sale ^c 1855 1874 „ Mutual Provident Society's Act of 1857... „ „ „ Amend- , ment Act of 1874 „ Paper Qompany's Act of 1865 ... ... ,, Trust Company's Act of 1857 ... Australasia Coal Company's Act of 1875 Australasian Coal-mining Company's Act of 1853 ... „ Mineral Oil Company's Act of 1866 ... , , Steam Navigation Company's Actofl851 46 Vic. 38 Vic. 37 Vic. PAGE. 1 9 11 45 Vic. ... 16 48 Vic. ... 19 29 Vic. ... 32 8 W.IV... 34 3 Vic. ... 65 13 Vic. ... ■70 22 Vic. ... 73 46 Vic. ... 75 29 Vic. ... 76 37 Vic. ... 83 17 Vic. ... 91 19 Vic. ... 98 37 Vic. ... 99 20 Vic. ... 100 37 Vic. ... 106 28 Vic. ... 108 20 Vic. ... 112 39 Vic. ... 114 17 Vic. ... 126 29 Vic. ... 132 15 Vic, ... 137 ii CONTENTS. PAGE. Australasian Steam Navigation Company's Act Amendment Act of 1881 46 Vic. ... 141a Balmain Cemetery Act of 1881 Bank of New South Wales Act of 1 850 „ 1852 • „ 1854 ,, 1864 » 1870 Bassett-Darley Estates Act of 1877 Bates' Estate Act of 1881 ' Bathurst and Grafton and Armidale Bishoprics Act of 1877 Cattle Sale-yards Act of 1873 Gas Act of 1872 Hospital Act of 1876 Market Act of 1864 Mechanics' Institute Enabling Act of 1858.. Benevolent Society's Act of 1832 Berrima Coal-mine Railway Act of 1881 ... ...'■* Betts's Trustees Act of 1 855 Bible Society's Act of 1878 Bishopric of Goulburn Lands Investment Act of 1866 Bishop's Leases Act of 1855 ... Bishopthorpe Estate Charge Act of 1874 Bobart's Trustees Act of 1846 Boroughs of Randwick and Paddington Act of 1884 Bowenfels Ooal-mining and Copper Smelting Com- pany's Railway Act of 1873 Bryen's Estate Leasing Act of 1884 ... Bulli Coal Mining Company's Act of 1862 „ Coal Mining Company's Railway Act of 1862... Boorowa Roman Catholic Church Land Sale "Act of 1884 Burwood and Newcastle Tramroad Act of 1850 )> 35 )3 XODO ... Camden College Incorporation Act of 1876.. Campbell's Exchange of Ways Act of 1866.. „ Will Trustees Act of 1852 45 Vic. ... 142a 14 Vic. ... 143 16 Vic. ... 150 18 Vic. ... 151 27 Vic. ... 452 33 Vic. ... 154 40 Vic. ;".. 155 45 Vic. ... 166 41 Vic. ... 174 37 Vic. ... 177 36 Vic. ... 178 39 Vic. ... 183 27 Vic. ... 184 22 Vic. ... 185 3 W. IV... 186 44 Vic. ... 187 19 Vic. ... 198 41 Vic. ... 200 30 Vic. ... 204 19 Vic. ... 206 37 Vic. ... 209 10 Vic. ... 212 47 Vic. ... 214 36 Vic. ... 216 48 Vic. .. 220 25 Vic. .. 226 26 Vic. .. 230 48 Vic. .. . 240 14 Vic. .. . 242 17 Vic. .. . 244 39 Vic. .. . 245 30 Vic. . . 250 16 Vic. .. . 252 PAGE. 34 Vic. .. 255 27 Vic. ., ,. 260 31 Vic. .. . 264 44 Vic. .. . 274 42 Vic. .. . 278 16 Vic. .. . 280 30 Vic. .. . 283 44 Vic. ,. ... 284 27 Vic. .. ,. 286 48 Vic. .. . 294 CONTENTS. Camperdown Cemetery Trust Act. of 1871 ... Cardiff Coal Company's Incorporation Act of 1863... Cataract Coal Miae Railway Act of 1867 ... Chapman's Estate Leasing Act of 1881 Chippendale Roman Catholic Church Land Sale Act ■of 1879 Christ Church Parsonage Trustees Act of 1852 Church of England Property Management Act of 1866 „ Trust Property Incorporation Act of 1881. City Bank Act of 1864 ''... „* B^k Act Extension Act of 1884 Clarence and New England Steam Navigation Com- . pany's Act of 1866 ' 29 Vic. ... 294 ,, and New England Steam Navigation Com- ♦ pany's Act Amendment Act of 1878 ... 41 Vic. ... 298 „ and Richmond Rivers^ Steam Navigation Company's Act of 1861 24 Vic. ... 299 „ and Richmond Rivers Steam Navigation Company's) Act Amendment Act of 1867 Clift's Coal Properties Leasing Act of 1869... '... Cobar (Great) Copper Mining Company Tramway Act of 1884 Cohen's Estate Act of 1873 ...' „ „ Ammidment Act of 1874 „ EnabHng Act of 1879 „ Estate Act of 1884 Colonial Sugar Refining Company's Act of 1863 Commercial Banking Company's Act of 1848 . » 1852. ... ' „ 1854 „ , „ » 1863 „ BankLng Company of Sydney Incorpora- tion Act Amendment Act of 1867 ... 31 Vic. ... 325 „ B8.nking Company of Sydney Incorpora- tion Acts Extension Act of 1878 ... Congregational Union Incorporation Act of 1882 ... Cookbundoon Slate Quarry Tramway Act of 1881... Cooma Roman Catholic Church Trustees Act of 1876 Cootamundry Roman Catholic Church Land Sale Act of 1.884 48 Vic. ... 345 31 Vic. .. . 302 32 Vic. .. . 303 47 Vic. .. . 306 36 Vic. .. . 307 37 Vic. .. . 309 42 Vic. .. . 309 47 Vic. .. . 311 27 Vic. .. . 313 11 Vic. .. . 317 16 Vic. .. . 321 18 Vic. .. . 322 27 Vic. .. . 323 42 Vic. .„ 327 46 Vic. .. . 328 45 Vic. .. . 333 39 Vic. .. . 341 CONTENTS. PAQE. 27 Vic. .. . 347 46 Vic. .. ,. 349 36 Vic. . .. 351 41 Vic. . .. 356 37 Vic. . .. 357 45 Vic. . .. 403 48 Vic. ., .. 406 22 Vic. . .. 409 17 Vic. . .. 411 38 Vic. .. ,. " 421 47 Vic. . .. 423 48 Vic. . .. 425 Cox's Maxriage Settlement Act of 1864 Cudgegong Town Hall Act of 1882 ... Dangae's Leasing Act of 1873 „ „ Amendment Act of 1877 Deniliquin and Moama Railway Act of 1874 ... Denton's Estate Leasing and Mortgaging Act of 1881 Dillon's Estate Act of 1884 Dioceses of Sydney and Newcastle Lands Investment Act of 1858 Dry Dock Company's Act of 1853 ... Dubbo Presbyterian. Manse Trustees Act of 187§ ... „ Cattle Sale-yards Act of 1884 „ Gas Company's Incorporation Act of 1884 ... Engineeeing Association Incorporation Act of 1884 48 Vic. ... 436 Exchange of Land Scots Church (Sydney) Legalizing Act of 1866 European Assurance Society's Act of 1863 ... Fitzgerald's Enabling Act of 1876 Fitzroy Iron Works Company's Act of 1865 „ Iron and Coal-mining Company's Act of 1854 Forest Lodge (near Tarlo) Estate Act of 1884 Foster's Trustees Act of 1842 Gibson's Estate Act of 1862 GlebeBorough Actof 1878 ... T. Goulburn School Trust Act of 1 870 „ Meat Preserving Company's Incorporation Actof 1870 ... „ Cattle Sale-yards Actof 1875 ... „ (City of) Gas and Coke Company's Incor- poration Act of 1879... „ Hospital Site Sale Act of 1884 Grafton Presbyterian Church Land Sale Act of 1881 „ Lighting Company (Limited) Act of 1884 Greta Coal and Shale Mining Company's. Act of .1874 30 Vic. .. . 438 27 Vic. .. . 439 39 Vic. .. . 441 29 Vic. .. . . 444 18 Vic. .. . 465 48 Vic. .. . 485 6 Vic. .. . 489 26 Vic. .. . 491 42 Vic. .. . 493 33 Vic. .. . 496 .34 Vic. .. . 498 38 Vic. .. . 505 42 Vic. .. . 506 48 Vic. .. . 516 45 Vic. .. . 517 48 Vic. .. . 519 37 Vic. .. . 530 PAGE. 22 Vie. . .. 535 39 Vic. .. . 537 30 Vic. ., ,. 542 31 Vic. .. . 549 23 Vic. .. . 560 46 Vic. .. ,. 561 * 45 Vic. ., .. 565 24 Vic. .. . 570 CONTENTS. Hamilton's Trust Act of 1858 Hanson's Trust "Act of 1876 Hartley Kerosene Oil and Paraffine Company's Incorporation Act, 1866... „ Vale Colliery Railway Act of 1867 Hawkesbury Benevolent Society's Act Amencfment Act of 1860 * ... Heley's Estate Act of 1883 Hill's Estate Act of 1881 Hosking's Trust Act of 1861 Hunter River Steam Navigation Company's Act of 1841 5 Vic. ... 574 Hunter River New Steam Navigation Company's Act of 1852 Hutchinson Estate Act of 1884 Illawarea Steam Navigation Act of 1853 )) ;, ,, „ lOOO ... Inverell Eree Churcli of Eastern Australia Land Sale Act of 1878 Isler's Estate Act of 1873 Jeanneeet's Tramway Act of 1881 Jewish Synagogue and Schools Act of 1872... Joadga Creek Railway Act of 1880... KiAMA Tramway Act of 1883 Kurrajong Land and Riley-street Surry Hill's Land Sales Act of 1881 *" LAWSON'sTrust Act.of 1866 , Lee's Partition and Sale Act of 1874 Linnean Society Incorporation Act of 1884 ... Lithgow Valley Colliery Railway Act of 1873 Liverpool and London and Globe Insurance Com- pany's Act of 1865 28 Vic, ... 641 Lyndhurst Roman Catholic Church Land Sale Act of 1878 .., ... 41 Vic. ... 646 16 Vic. .. . 578 47 Vic. . .. 582 17 Vic. ., . 587 22 Vic. .. . 591 41 Vic. .. . 593 36 Vic. .. . 595 45 Vic. .. , 597 36 Vic. .. . 600 43 Vic. .. . 609 46 Vic. .. . 620 44 Vic. .. . 622 30 Vic. ,. . 624 37 Vic. .. . 627 47 Vic. .. . 637 37 Vic. .. . 640 CONTENTS. Mackenzie's Marriage Settlement Act of 1861 Macquarie^st. Roman Catholic School Site Sale Act of 1874 Maitland Gas Lighting Act of 1860 „ Gaslight Company's Incorporation Act of 1874 Maitland (West) ChurchXand Sale Act of 1861 ... „ Presbyterian Church Land Sale Act of 1870 Manly Gaslight and Coke Company (Limited). Act of 1884 Mann'sTrust Actof 1857 ... Mercantile Bank of Sydney Act of 1873 Merriwa Church and Presbytery Land Sale Act of 1880 Methodist- Missionaries Trustees Act of 1834 Minmi and Hexham Railway Act of 1854 ... „ „ „ Amendment Act of 1861 Mittagong Coal-mining Company's Railway Act of 1884 Moffitt's Estate Enabling Act of 1881 „ „ Leasing Enabling Act of 1884 Moore's Estate Act of 1879 ... ' Morehead and Young's Railway Act of 1862 Mort Bay Improvement Act of 1 884 . . . Mort's Dry Dock Act of 1855 Moruya Silver Mining Company's Act of 1864 Mount Keira Tramroad Act of i860... Mount Kembla Coal and Oil Company's Railway Act of 1881 ... . ... , ... Mount Pleasant Tramroad Act of 1862 Murrumbidgee Turf Club Act of 1876 ... . Mutual Life Association of Australasia Act of 1873. Nevell's Leasing Act of 1876 • . Newcastle Coal and Copper Company's Act of 1853 „ Co-operative Steam-tug Company's Act of 1867 ... „ Church Land Sale Act of 1862 „ -(City of) Gas and Coke Company's Incor poration Act of 1866 „ Glebe Leasing Act of 1878 . .... 24 Vic. . 37 Vic. . 23 Vic. . 37 Vic. . 24 Vic. . 33 Vic. . 48 Vic. . 21 Vic. . 37 Vic. . 43 Vic. . 5 W. IV. 18 Vic. . 24 Vic. . 48 Vic. . 45 Vic. . 47 Vic. . 42 Vic. . 26 Vic. . 47 Vic. . 19 Vic. . 27 Vic. . 23 Vic. . 44 Vic. . 26 Vic. . 40 Vic. . 36 Vic. . 40 Vic. . 17 Vic. . 31 Vic. . 26 Vic. . 30 Vic. . 41 Vic. . PAGE. 648 650 652 652 662 665 670 678 683 691 693 695 704 709 721 724 725 731 744 747 753 759 772 776 783 789 790 795 799 800 808 CONTBKTS. Newcastle (Borough, of) Leasing and Improving Act of 1881 „ Wallsend Coal-mining Company's Incor- poration Act of 1860 „ WaUsend Coal Company's Railway Act of 1860 New South Wales Co-operative Coal-mining Com- pany's Act of 1862 New South Wales Shale and Oil Company's Act of 1873 Newtown Omnibus Company's (Limited) Incorporation Act of 1874 North Shore Gas Act of 1876 O'Doud's Estate Leasing, Act of 1884 Orange Cattle Sale-yards Act of 1877 „ Gas-light Act of 1877 , , Town Hall Site Sale Act of 1 87 9 Osborne WaUsend Coal Cofflpany's Act of 1862 „ Leasing Act of 1881... Pacific Fire and Marine Insurance Company's Act of 1862 PameU's Trust Act of 1864 ... ,, Leasing Act of 1874... Parramatta River Steam Company's Act of 1866 ... „ Market Act of 1866 „ Gas Company's Incorporation Act of 1872 Town Hall Act of 1879 '. Pennant Hills Tramroad Act of 1854 Petersham Church Grant Act of 1873 Presbyterian Church Act of 1865 „ Church Property Management Act of 1881 „ Church Trustees Act of 1855 Prince Alfred Hospital Act of 1 87 3 Primitive Methodist Church Temporalities Act of 1879 Redhead Coal-mine Railway Acb of 1883 ... Redf em Estate Trust Act of 1 847 Redmond's Estate Act of 1879 vu PAGE. 45 Vic. . .. 810 23 Vic. . .. 812 23 Vic. . .. 817 26 Vic. . .. 827 36 Vic. .. .. 832 37 Vic. .. ,. 840 39 Vic. .. ,. 847 48 Vic. .. ,. 851 40 Vic. ., . 853 40 Vic. .. . 855 42 Vic. .. . 859 25 Vic. .. . 861 45 Vic. .. . 865 26 Vic. .. . 877 27 Vic. .. . 883 37 Vic. .. . 888 29 Vic. .. onn csyj 30 Vic. .. . 896 36 Vic. .. . 896 42 Vic. .. . 906 18 Vic. .. . 908 36 Vic. .. . 908 28 Vic. .. . 910 45 Vic. .. . 912 19 Vic. .. . 916 36 Vic. .. . 918 42 Vic. .. . 923 46 Vic . 929 11 Vic. .. . 940 42 Vic. .. . 942 CONTENTS. Eoffers' Settlement Act of 1865 „ Estate Act of 1875 1881 Eotton'sEstate Actof 1883 Royal Society of New South Wales Incorporation Actof 1881 St. Andrew's College Act of 1867 ... ,, Parsonage Sale Act of 1871 ... St. George's Presbyterian Church Act of 1872 St. John's College Incorporation Act of 1857 „ Parsonage Act of 1866 ,, Church Leasing Act of 1884 St. Leonards Roman Catholic School Land Sale Act of 1880 St. Mark's, Alexandria, School Site Act of 1855 St. Patrick's Church Land Trust Act of 1865 St. Paul's College Incorporation Act of 1854 „ Amendment Act of 1857 ... St. Philip's, Sydney, Parsonage Act of 1858 „ Parsonage Act of 1884 ... Sale of Land, Scots' Church, Legalising Act of 1873 Say well's Tramway Actof 1884 Scots Church Trustees Act of 1832 Scott's Leasing Act of 1873 ... Serisier's Estate Act of 1884 Sillitoe's Trustees Act of 1855 „ Trust Act of 1858 ... Singleton Gas Act of 1884 Stirling's Trusts Act of 1 884 Surry Hills Church and School Site Act of 1855 Sydney Bethel Union Trustees' Act of 1851 „ „ Land Surrender Act of 1856 „ Common Improvement Act of 1866... „ „ „ „ Amendment Act of 1868 of 1877 Exchange Company Act of 1851 „ „ of 1855 Grammar School Act of. 1.854' 38 Vic. ... 45 Vic. ... 46 Vic. ... 45 Vic. ... 31 Vic. ... 34 Vic. ... 36 Vic. ... 21 Vic. ... 30 Vic. ... 48 Vic. ... 43 Vic. ... 19 Vic. ... 28 Vic, ... 18 Vic. ... 21 Vic. ... 22 Vic. ... 47 Vic. ... 36 Vic. ... 47 Vic. ..; 3 W. IV... 37 Vic. ... 48 Vic. ... 19 Vic. ... 22 Vic. ... 47 Vic. ... 48 Vic. ... 19 Vic. ... 15 Vic. ... 20 Vic. ... 30 Vic. ... 31 Vic. ... 41 Vic. ... 15 Vic. ... 19 Vic. ... 18 Vic. ... PAGE. 952 954 956 961 973 976 978 980 982 985 987 989 991 993 994 997 998 1001 1003 1004 1009 1011 1015 1021 1023 1025 1032 1037 1039 1041 1041 1042 1044 1044 1056 106O PAGE. 45 Vic. . .. 1063 29 Vic. . .. 1067 34 Vic: . .. 1073 37 Vic. . .. 1078 26 Vic. . .. 1082 CONTENTS. Sydney Hospital Act of 1881 ;, Marine Assurance Company's Incorporation Act of 1866 „ Meat Preserving Company (Limited) Incor- poration Act of 1871 „ Mechanics' School of Arts Incorporation Act of 1874 „ Town Hall Site Exchange Act of 1862 „ United Omnibus Company's Incorporation Act of 1872 ... 36 Vic. ... 1084 Tamworth Cattle Sale-yards Act of 1884 48 Vic. ... 1091 „ Gas and Coke Company (Limited) Act of 1882 46 Vic. ... 1093 „ Roman Catholic Church Trustees Act of 1876 Taylor and Walker's Eailway Act of 1862 ... Thompson's Trust Estate Act of 1 880 Thomson's, Marriage Settlement Act of 1849 Throsby's Leasing Act of 1876 „ „ Amendment Act of 1877 Tomago Coal Mining Company's Act of 1861 Undeewood Estate Act of 1873 „ „ Amendment Act. of 1874 ... Union Bank Act of 1839 ,,, Bank of Australia Act of 1847 Unitarian Church Land Act of 1 870 . . . United Church of England and Ireland School at Paddington Sale Act of 1 881 ... ' „ Insurance Company's Act of 1862 ... of 1869 Upper Hunter Pastoral and Agricultural Association Lease Act of 1875 39 Vic. ... 1153 Vale of Clwydd Company's Incorporation Act of 1881 45 Vic. ... 1155 Victorian Coal Mining Company's Act of 1884 ... 48 Vic. ... 1162 39 Vic. . .. 1101 26 Vic. . .. 1103 43 Vic. . .. 1113 13 Vic. . .. 1115 39 Vic. . .. 1119 40 Vic. . .. 1121 25 Vic. . .. 1124 36 Vic. . .. 1128 37 Vic. . .. 1132 3 Vic. . .. 1133 11' Vic. . .. 1137 33 Vic. . .. 1139 45 Vic. . .. 1143 26 Vic. . .. 1144 32 Vic. . .. 1152 X CONTENTS. PAGE. "Wagga Wagga Gas Act of 1881 44 Vic. ... 1175 Walgetfc English Church and Parsonage Land Sale Act of 1884 47 Vic. ... 1180 Waratah Coal Mining Company's Incorporation Act of 1863 27 Vic. ... 1182 „ Coal Company (Railway Extension) Act of 1875 Waterview Patent Slip Act of 1 867 Wesley College Act of 1860 Wesleyan Methodist Trust Deeds Act pf 1853 Western Kerosene Oil Company's Incorporation Act of 1868 • 31 Vic. ... 1224 Western Peak Downs Copper Mining Company (Limited) Act of 1874 WUson's Estate Act of 1861 Windsor Gas-light Company (Limited) Act of 1884 WoUongong Gas-light Company (Limited) Act of 1883 Yass Roman Catholic Church Land Act of 1871 „ School-house Trust Act of 1849 38 Vic. . .. 1210 31 Vic. . .. 1215 23 Vic. . .. 1219 17 Vic. . .. 1223 37 Vic. . .. 1232 24 Vic. . .. 1235 48 Vic. . .. 1237 46 Vic. . .. 1245 34 Vic. . ,. 1253 13 Vio. . .. 1255 CHRONOLOGICAL LIST THE I»EIArA.TE JLCTS. Year of Reign. Short Title or Subject of Act. Page. 3W. IV 3W. IV 5W. IV 8 W. IV 3 Vic. .. 3 Vic. .. 5 Vic. .. 6 Vic. .. 10 Vic. .. 11 Vic. .. 11 Vic. .. 11 Vic. .. 13 Vic. .. 13 Vic. .. 13 Vic. .. 14 Vic. .. 14 Vic. .. 15 Vic. .. 15 Vie. .. 15 Vic. .. 16 Vic. .. 16 Vic. .. 16 Vic. .. 16 Vic. .. 16 Vic. ., 17 Vic. .. 17 Vic. .. 17 Vic. ., 17 Vic. ., 17 Vic. ., 17 Vic. ., 17 Vie. .. 18 Vic. .. 18 Vic. .. 18 Vic. .. 18 Vic. .. 18 Vic. .. 18 Vic. .. 18 Vic. .. 19 Vic. ., 19 Vic. „ 19 Vic. .. 19 Vic. .. Benevolent Society's Act of 1832 Scots' Churcli Trustees Act of 1832 Methodist Missionaries' Trustees Act of 1834 Australian Gaslight Company's Act of 1837 Union Bank Act of 1839 , Australian Gaslight Company's Act of 1839 Hunter River Steam Navigation Company's Act of 1841 Foster's Trustees Act of 1842 -. Boha,rt's Trustees Act of 1846 Union Bank of Australia Act of 1847 Eedfem Estate Trust Act of 1847 Commercial Banking Company's Act of 1848 Australian Gaslight Company's Act of 1849 Yass School-house Trust Act of 1849 Thompson's Marriage Settlement Act of 1849 Bank of New South Wales Act of 1850 Burwood and Newcastle Tram-road Act of 1850 Australasian Steam Navigation Company's Act of 1851 Sydney Bethel Union Trustees Act of 1851 Sydney Exchange Company's Act of 1851 Hunter River New Steam Navigation Compajiy's Act of 1852 Christ Church Parsonage Trustees Act of 1852 Bank of New South Wales Act of 1852 Campbell's Will Trustees Act of 1852 Commercial Banking Company's Act of 1852 Wesleyan Methodists' Trust Deeds Act of 1853 Australian Joint Stock Bank Act of 1853 lUawarra Steam Navigation Act of 1853 Australasian Coal-mining Company's Act of 1853 Dry Dock Company's Act of 1853 Newcastle Coal and Copper Company's Act of 1853 Burwood and Newcastle Tram-road Act of 1853 Fitzroy Iron and Coal Mining Company's Act of 1854 Minmi and Hexham Railway Act of 1854 Bank of New South Wales Act of 1854 Commercial Banking Company's Act of 1854 St. Paul's CoUege Act of 1854 Sydney Grammar School Act of 1854 Pennant Hills Tram-road Act of 1854 Sydney Exchange Company's Act of 1855 Presbyterian Church Trustees Act of 1855 Australian Joint Stock Bank Act of 1855 Mort's Dry Dock Act of 1855 186 1009 693 34 1133 65 574 489 212 1337 940 317 70 1255 1115 143 242 137 1039 1044 578 280 150 252 321 1223 91 587 126 411 790 244 465 695 151 322 944 1060 908 1056 916 98 744 CHRONOLOGICAL LIST. Tear o£ Reign. 19 Vic. 19 Vie. 19 Vic. 19 Vic. 19 Vic. 20 Vic. 20 Vic. 20 Vic. 21 Vic. 21 Vic. 21 Vic. 22 Vic. 22 Vic. 22 Vic. 22 Vic. 22 Vic. 22 Vie. 22 Vic. 23 Vic. 23 Vic. 23 Vic. 23 Vic. 23 Vic. 23 Vic. 24 Vic. 24 Vic. 24 Vic. 24 Vic. 24 Vic. 24 Vic. 25 Vic. 25 Vic. 25 Vic. 26 Vie. 26 Vic. 26 Vic. 26 Vic. 26 Vic. 26 Vic. 26 Vic. 26 Vic. 26 Vic. 26 Vic. 27 Vic. 27 Vic. 27 Vic. 27 Vic. 27 Vic. 27 Vic. 27 Vic. 27 Vic. 27 Vic. 27 Vic. 27 Vic. 28 Vic. 28 Vic. 28 Vic. 28 Vic. 28 Vic. 29 Vio. 29 Vio. 29 Vic. 29 Vio. Short Title or Subject of Act. Betts' Trustees Act of 1855 Bishop's Leases Ant of 1855 St. Mark's Alexandria School Site Act of 1855 Surry Hills Church and School Site Act of 1855 Sillitoes' Trustees Act of 1855 Sydney Bethel Union Land Surrender Act of 1856 Australian Trust Company's Act of 1857 Australian Mutual Provident Society's Act of 1857 St. John's College Incorporation Act of 1857 Mrs. Mann's Trust Act of 1857 St. Paul's College Amendment Act of 1857 Bathurst Mechanics' Institute Enabling Act of 1858 Hamilton's Trust Act of 1858 Dioceses of Sydney and Newcastle Lands. Investment Act of 1858 ... Australian Gas-light Company's Act of 1858 Sillitoes' Trust Act of 1858 Illawarra Steam Navigation Company's Act of 1858 St. Philip's Sydney Parsonage Act of 1858 Newcastle Wallsend Coal Company's Incorporation Act of 1859 Maitlan4 Gaslighting Act of 1860 Mount Keira Tram-road Act of 1860 Wesley College Act of 1860 Newcastle Wallsend Coal Company's Eailway Act of 1859 Hawkesbury Benevolent Society's Act Amendment Act of 1860 West Maitland Church Land Sale Act of 1861 Wilson's Estate Act of 1861 Hosking's Trust Act of 1861 Clarence and Richmond Rivers Steam Navigation Company's Act of 1861 Mackenzie's Marriage Settlement Act of 1861 Minmi and Hexham Railway Act Amendment Act of 1861 Tomago Coal-mining Company's Act of 1861 Osborne Wallsend Coal Company's Act of 1862 Bulli Coal-mining Company's Act of 1862 Bulli Coal-mining Company's Railway Act of 1862 Newcastle Church Land Sale Act of 1862 Gibson's Estate Act of 1862 Sydney Town Hall Act of 1862 Morehead and Young's Railway Act of 1862 Pacific Eire and Marine Insurance Company's Act of 1862 New South Wales Co-operative Coal-miuing Company's Act of 1862 Mount Pleasant Tram-road Act of 1862 Taylor and Walker's Railway Act of 1862 United Insurance Company's Act of 1862 European Assurance Society's Act of 1863 Waratah Coal-mining Company's Incorporation Act of 1863 Commercial Banking Company's Act of 1863 Cardiff Coal Company's Incorporation Act of 1863 ^.., Colonial Sugar-refining Company's Act of 1863 Parnell's Trust Act of 1864 City Bank Act of 1864 Bank of New South Wales Act of 1864 Cox's Marriage Settlement Act of 1864 Moruya Silver-mining Company's Act of 1864 Bathurst Market Act of 1864 ■ Liverpool and London and Globe Insurance Company's Act of 1865 St. Patrick's Church Land Trust Act of 1865 Presbyterian Church Act of 1865 Roger's Settlement Act of 1865 Australian Paper Company's Act of 1865 Fitzroylron Works Company's Act of 1865 Australian Agricultural Company's Act of 1866 Sydney Marine Assurance Company's Incorporation Act of 1866 .. Australasian Mineral Oil Company's Act of 1866 198 206 991 1037 1021 1041 102 100 982 678 997 185 535 409 73 1023 591 998 812 652 753 1219 817 560 662 1235 570 299 648 704 1124- 861 226 230 799 491 1082 731 877 827 722 1103 1144 439 1182 323 260 31.3 883 286 152 347 747 184 614 993 910 952 108 444 32 1067 132 CHRONOLOGICAL LIST. Year ot Reign. Short Title or Subject of Act. Page. 29 Vie. 29 Vie. 29 Vie. 30 Vie. 30 Vie. 30 Vie. 30 Vie. 30 Vie. 30 Vic. 30 Vic. 30 Vie. 30 Vie. 30 Vic. 31 Vie. 31 Vie. 31 Vic. 31 Vic. 31 Vic. 31 Vic. 31 Vie. 31 Vic. 31 Vie. 32 Vic. 32 Vic. 33 Vic. 33 Vie. 33 Vic. 33 Vic. 34 Vic. 34 Vie. 34 Vic. 34 Vic. 34 Vie. 36 Vic. 36 Vic. 36 Vic. 36 Vic. 36 Vie. 36 Vic. 36 Vic. 36 Vic. 36 Vic. 36 Vic. 36 Vic. 36 Vie. 36 Vic. 36 Vic. 36 Vic. 37 Vic. 37 Vic. 37 Vic. 37 Vic. 37 Vic. 37 Vie. 37 Vic. 37 Vic. 37 Vic. 37 Vic. 37 Vie. 37 Vie. 37 Vic. Australian General Assurance Company's Incorporation Aet of 1866 Parramatta River Steam Company's Aet of 1866 Clarence and New England Steam Navigation Company's Act of 1866 St. John's Parsonage Act of 1866 Church of England Property Management Actofl866 Hartley Kerosene Oil and Paraffine Company's Act of 1866 Bishopric of Goulburn Lands Investment Aet of 1866 Parramatta Market Act of 1866 Campbell's Exchange of Ways Act of 1866 City of Newcastle Gas and Coke Company's Incorporation Act of 1866 Exchange of Land Scots Church Sydney Legalizing Act of 1866 .. Sydney Common Improvement Aet of 1866 Lawson's Trust Act of 1866 Newcastle Co-operative Steam-tug Company's Act of 1867 Clarence and Richmond Rivers Steam Navigation Company's Act of 1 867 St. Andrew's College Act of 1867 Cataract Coal-mine Railway Act of 1867 Waterview Patent Slip Act of 1867 Hartley Vale Colliery Railway Act of 1867 Commercial Banking Company of Sydney Incorporation Aet Amend- ment Act of 1867 Western Kerosene Oil Company's Incorporation Act of 1868 Sydney Common Improvement Act Amendment Act of 1868 Cliffs Coal Properties Leasing Act of 1869 United Insurance Company's Act of 1869 Unitarian Church Land Act of 1870 Goulburn School Trust Act of 1870 Bank of New South Wales Act of 1870 Maitland Presbyterian Church Land Act of 1870 Goulburn Meat-preserving Company's Incorporation Act of 1870 .. Camperdown Cemetery Trust Act of 1871 St. Andrew's Parsonage Site Act of 1871 .' Yass Roman Catholic Church Land Act of 1871 Sydney Meat-preserving Company (Limited) Incorporation Act of 1871 Bathurst Gas Aet of 1872 Sydney United Omnibus Company's Incorporation Act of 1872 ... St. George's Presbyterian Church Act of 1872 Jewish Synagogue and Schools Act of 1872 Parramatta Gas Company's Incorporation Aet of 1872 M utual Life Association of Australasia Aet of 1 873 New South Wales Shale and Oil Company's Act of 1873 Albert Dangar's Leasing Aet of 1873 Petersham Church Grant Act of 1873 Cohen's Estate Act of 1873 Bowenfels Coal-mining and Copper-smelting Company's Railway Aet of 1873 Prince Alfred Hospital Act of 1873 Sale of Land Scots' Church Legalizing Act of 1873 Underwood's Estate Act of 1873 Isler's Estate Act of 1873 Mercantile Bank of Sydney Act of 1873 Australian Jockey Club Act of 1873 Lithgow Valley Colliery Railway Act of 1873 Bathurst Cattle Sale Yards Act of 1873 Scott's Leasing Act of 1873 ; Cohen's Estate Aet Amendment Act of 1874 Australian Mutual Provident Society's Act Amendment Act of 1874 Lee's Partition and Sale Act of 1874 Australian Joint Stock Bank Act of 1874 Western Peak Downs Copper-mining Company (Limited) Acl^of 1874. Maequarie-street Roman Catholic School Site Sale Act of 1874 Deniliquin andMaoma Railway Aet of 1874 Newtown Omnibus Company's (Limited) Incorporation Act of 1874 76 892 294 985 283 542 204 896 250 800 438 1041 624 795 302 976 264 1215 549 325 1224 1024 303 1152 1139 496 154 665 498 255 978 1253 1073 178 1084 980 600 896 783 832 351 908 507 216 918 1003 1128 595 683 83 640 177 1011 309 106 627 99 1232 650 357 840 CHRONOLOGICAL LIST. Year of Reign. Short Title or Subject of Act. Page. 37 Vic. 37 Vic. 37 Vic. 37 Vic. 37 Vic, 37 Vic. 37 Vic. 38 Vic. 38 Vic. 38 Vic. 38 Vic. 38 Vic. 39 Vic. 39 Vic. 39 Vic. 39 Vic. 39 Vic. 39 Vic. 39 Vic. 39 Vic. 39 Vic. 39 Vic. 40 Vic. 40 Vic. 40 Vic. 40 Vic. 40 Vic. 40 Vic. 41 Vic. 41 Vic. 41 Vic. 41 Vic. 41 Vic. 41 Vic. 41 Vic. 41 Vic. 42 Vic. 42 Vic. 42 Vic. 42 Vic. 42 Vic. 42 Vic. 42 Vic. 42 Vic. 42 Vic. 42 Vic. 43 Vic. 43 Vic. 43 Vic. 43 Vic. 44 Vic. 44 Vic. 44 Vic. 44 Vic. 44 Vic. 44 Vic. 44 Vic. 45 Vic. 45 Vic. 45 Vic. Greta Coal and Shale Mining Company's Act of 1874 Parnell's Leasing Act of 1874. Sydney Mechanics' School of Arts Incorporation Act of 1874 Bishopthorpe Estate Charge Act of 1874 Anvil Creek Coal-mining Company's Incorporation Act of 1874 Maitland Gaslight Company's Incorporation Act of 1874 Underwood Estate Act Amendment Act of 1874 Sogers' Estate Act of 1875 , Waratah Coal Company (Kailway Extension) Act of 1875 All Saints' Parsonage Act of 1875 Dubbo Presbyterian Manse Trustees Act of 1875 Goulburn Cattle Sale Yards Act of 1875 Upper Hunter Pastoral and Agricultural Association Lease Act of 1875 Australasian Coal Company's Act of 1875 Fitzgerald's Enabling Act of 1876 North Shore Gas Act of 1876 Cooma Roman Catholic Church Trustees Act of 1876 Camden College Incorporation Act of 1876 Throsby's Leasing Act of 1876 Bathurst Hospital Act of 1876 Tamworth Roman Catholic Church Trustees Act of 1876 Hanson's Trust Act of 1876 Murrumbidgee Turf Club Act of 1876 Nevell's Leasing Act of 1876 Orange Gaslight Act of 1877 Bassett-Darley Estates Act of 1877 Orange Cattle Sale Yards Act of 1877 Throsby's Leasing Act Amendment Act of 1877 Sydney Common Improvement Act Amendment Act of 1877 Bathurst and Grafton and Armidale Bishoprics Act of 1877 Albert Dangar's Leasing Act Amendment Act of 1877 Clarence and New England Steam Navigation Company's Act Amend' mentActof 1878 Lyndhurst Roman Catholic Church Land Sale Act of 1878 Bible Society's Act of 1878 , Newcastle Glebe Leasing Act of 1878 Inverell Free Church of Eastern Australia Land Sale Act of 1878 .. Glebe Borough Act of 1878 Commercial Banking Company of Sydney Incorporation Act Extension Act of 1878 Parramatta Town Hall Act of 1879 Primitive Methodist Church Temporalities Act of 1879 Redmond's Estate Act of 1879 Moore's Estate Act of 1879 Orange Town Hall Site Sale Act of 1879 City of Goulburn Gas and Coke Company's Incorporation Act of 1879 Chippendale Roman Catholic Church Land Sale Act of 1879 Cohen's Enabling Act of 1879 St. Leonards Roman Catholic School Land Sale Act of 1880 Joadja Creek Railway Act of 1880 Archibald Thompson's Trust Estate Act of 1880 ..'. Merriwa Church and Presbytery Land Sale Act of 1880 Mount Kembla Coal and Oil Company's Railway Act of 1881 Berrima Coal-mine Railway Act of 1881 Church of England Trust Property Incorporation Act of 1881 Wagga Wagga Gas Act of 1881 ""'] Kurrajong Land and Riley-street Surry Hills Land Sales Act of 1881 Australasian Steam Navigation Company's Act Amendment Act of 1881 Chapman's Estate Leasing Act of 1881 Jeanneret's Tramway Act of 1881 Bates Estate Act of 1881 ...] Osborne's Leasing Act of 1881 , 530 888 1078 209 11 652 1132 954 1210 9 421 505 1153 114 441 847 341 245 1119 183 1101 537 776 789 855 155 853 1121 1044 174 356 298 646 200 808 593 493 327 906 923 942 725 859 506 278 309 989 609 1113 691 759 187 284 1175 622 141a 274 597 166 865 CHRONOLOGICAL LIST. Year of Ilei}3:n. Short Title or Subject of Act. Page. 45 Vic. 45 Vic. 45 Vic. 45 Vic. 45 Vic. 45 Vic. 45 Vic. 45 Vic. 45 Vic. 45 Vic. 45 Vic. 45 Vic. 45 Vic. 45 Vic. 46 Vic. 46 Vic. 46 Vic. 46 Vic. 46 Vic. 46 Vic. 46 Vic. 46 Vic. 46 Vic. 46 Vic. 47 Vic. 47 Vie. 47 Vic. 47 Vic. 47 Vic. 47 Vic. 47 Vic. 47 Vic. 47 Vic. 47 Vic. 47 Vic. 47 Vie. 48 Vie. 48 Vic. 48 Vic. 48 Vic. 48 Vic. 48 Vic. 48 Vic. 48 Vic. 48 Vic. 48 Vi9. 48 Vic. 48 Vic. 48 Vic. 48 Vic. 48 Vic. 48 Vic. 48 Vic. 48 Vie. 48 Vic. 48 Vic. Vale of Clwy dd Company's incorporation Act of 1881 United Church ' of England and Ireland School at Paddington Sale Act of 1881 Presbyterian Church Property Management Act of 1881 Sydney Hospital Act of 1881 Armidale Koman Catholic Church School and Presbytery Land Sale Act of 1881 Moffitt's Estate Enabling Act of 1881 Rogers' Estate Act of 1881 Denton's Estate Leasing and Mortgaging Act of 1881.. Royal Society of New South Wales Incorporation Act of 1881 Borough of Newcastle Leasing and Improving Act of 1881 Balmain Cemetery Act of 1881 Grafton Presbyterian Church Land Sale Act of 1881 Hill's Estate Act of 1881 Cookbundoon Slate Quarry Tramway Act of 1881 Cudgegong Town Hall Act of 1882 Tamworth Gas and Coke Company (Limited) Act of 1882 Congregational Union Incorporation Act of 1 882 Rotton's Estate Act of 1883 Kiama Tramway Act of 1883 Australian Gaslight Company's Act of 1883 Albury Gas Company (Limited) Act of 1883 , Redhead Coal-mine Railway Act of 1883 Heley's Estate Act of 1883 Wollongong Gaslight Company (Limited) Act of 1883 Linnean Society's Incorporation Act of 1884 St. Phillip's Parsonage Act of 1884 Walgett English Church and Parsonage Land Sale Act of 1884 ... Hutchinson's Estate Act of 1884 Saywell's Tramway Act of 1884 Dubbo Cattle Sale-yards Act of 1884 Cohen's Estate Act of 1884 Mort Bay Improvement Act of 1884 Moffitt's Estate Leasing Act of 1884 Boroughs of Randwick and Paddington Act of 1 884 Singleton Gas Act of 1884 Great Cobar Copper-mining Company Tramway Act of 1884 Grafton Lighting Company (Limited ) Act of 1 884 _ Forest Lodge near Tarlo Estate Act of 1884 Windsor Gaslight Company (Limited) Act of 1884 Dubbo Gas Company's Incorporation Act of 1884 Manly Gaslight and Coke Company (Limited) Act of 1884 Armidale Gas Company's Incorporation Act of 1884 O'Doud's Estate Leasing Act of 1884 Tamworth Cattle Sale-yards Act of 1884 ! Boorowa Roman Catholic Church Land Sale Act of 1884 Cootamundry Roman Catholic Church Land Sale Act of 1884 Engineering Association Incorporatioti Act of 1884 ; Stirling's Trusts Act of 1884 _ City Bank Extension Act of 1884 Victorian Coal-mining Company's Act of 1884 Serisier's Estate Act of 1884 Mittagong Coal-mining Company's Railway Act of 1884 Dillon's Estate Act of 1884 St. John's Church Leasing Act of 1884 , Bryen's Estate Leasing Act of 1884 Goulburn Hospital Site Sale Act of 1884 1155 1143 912 1063 16 721 956 403 973 810 142a 517 565 333 349 1093 328 961 620 75 1 929 561 1245 637 1001 1180 582 1004 423 311 741 724 214 1025 306 519 485 1237 425 670 19 851 1091 240 345 436 1032 294 1162 1015 709 406 987 220 516 NEW SOUTH WALES. ALBURY GAS COMPANY (LIMITED). An Act to enable the Albury G-as Company (Limited) 46 Victoria, to construct Gasworks within the Town and Suburbs of Albury. [14 April, 1883.] WHEREAS it is expedient that tlie Town of Albury and its suburbs Preamble in tbe Colony of New South "Wales should be supplied and lighted with gas And whereas for the carrying out of the works necessary for such supply of gas a Joint Stock Company called the " Albury G-as Company (Limited)" has by a memorandum of associa- tion lately been established at Albury aforesaid in accordance with and subject to the provisions of the Companies Act thirty-seven Victoria number nineteen And whereas the Municipal Coimcil of the Borough of Albury have at the request of the Albury Q-as Company (Limited) and in consideration of the benefits to arise from the establishment and carrying out of such works consented to the vesting in the said Com- pany of all necessary powers and authorities so far as the right and interest of the said Municipal Council are concerned 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 Albury G-as Company (Limited) is hereby fuUy authorized Authority to and empowered by its servants contractors agents workmen and others break up streets from time to time to make erect sink lay place fit maintain and repair such '^°^^ *"• retorts gasometers meters receivers cisterns engines machines cuts drains sewers watercourses pipes reservoirs buildings and other works and devices of such construction and in such manner as the Albury G-as Company (Limited) shall think necessary or proper for the pur- pose of carrying out the operations of the Albury Gas Company (Limited) in respect of and incidental to the making and supplying of gas in conformity with this Act and the said memorandum oi associa- tion and also for all such purposes to open and break up the soil and A ALEtTRT OAS COMPANY (LIMITED). 46 VicTOEiA. paTement of the several streets and bridges witliin the limits of the town and suburbs aforesaid and to open and break up any sewers drams or tunnels within or under- such streets and bridges and to erect posts pillars lamps lamp-irons and other apparatus in or upon the sa,me streets and bridges or against any wall or walls erected on or adjoining to any of them and to dig and sink trenches and drains and to lay mains and pipes and put stop-cocks syphons plugs or branches from such mains in under across or along such streets and bridges and also with such consent as hereinafter mentioned to do the like in under across or along any private roads ways lanes passages buildings and places and from time to time to cut remove alter repair replace and relay such main pipes stop-cocks syphons plugs branches or other apparatus Provided always that nothing in this section contained shall be deemed to autho- rize the said Company their servants contractors agents or workmen to enter into or upon any private lands buildings or places for any of the purposes aforesaid or thereon to carry out any of the operations of the said Company without the previous consent in writing of the occupiers thereof except that the said Company may at any reasonable time by its servants agents or workmen enter upon any land or place wherein any pipe hath already been lawfully laid down or placed in pursuance of this Act and repair or alter the existing pipe or lay or place any new pipe in the stead thereof and provided also that the said Company shall unless in case of accident give twenty -four hours notice in writing to the council clerk of the said municipality prior to the opening or breaking up as aforesaid of any street road pavement sewer drain or tunnel within the said municipality. To make contracts for supply of gas and carry out works for that purpose. 2. It shall be lawful for the said Company to contract with any person (whether incorporate or individual) for supplying with gas any such person or any streets ways lanes passages manufactories shops warehouses public or private houses buildings and places and for such purpose from time to time to lay down carry fit up connect and furrdsh any pipe branch or burner lamp meter or other apparatus from or in connection with any main pipe or to lay down any new main which for such purposes may be required and to let any such apparatus for liire for such sum as may be agreed upon which sum may be recovered in lilvo manner as any rent or remuneration for the supply of gas Pro- vided always that in all cases where damage may be done by the said Company its agents workmen or others in the course of laying on or removing apparatus the said damage shall be made good at the expense of the said Company and in case the said Company shall delay within a reasonable time to make good such damage the owner or occupier of such premises may make good the same and recover the expenses thereof from the said Company in the same manner as is herein provided for the recovery of any sum of money payable under the provisions of this Act Provided also that if any owner or occupier of any building tenement or place or any person acting for him shall refuse reasonable access in pursuance of the provisions of this section or the fifth section of this Act to the contractors agents workmen or servants of the said* Company for the purpose of removing any such pipe burner meter or apparatus placed or introduced into any such building tenement or place by the said Company or shall prevent or obstruct such removal then the said owner occupier or person acting for him shall immediately make payment to the said Company for such pipe burner meter or apparatus and in default of his so doing within three days after demand ALBUET aAS COMPANY (LIMITED). 3 thereof made at the same building tenement or place or the residence 46 VicTQ-aiA, or last known residence of the party it shall be lawful for the said Company to make complaint thereof to any Justice of the Peace who may cause to be issued a summons to the person so makiag default calling on him to show cause before the nearest Court of Petty Sessions to where the building tenement or place is situated why he refuses to pay such demand alid thereupon the said Court shall proceed to the adjudication and enforcement of such demand in the manner hereinafter set forth And if any person shall place or lay any pipe to communicate with any maia pipe meter or other apparatus already laid placed or erected by the said Company or shall use additional burners or burners of larger dimensions or of other kind or description than he has con- tracted with the said Company to use or shall keep the gas supplied by the said Company burning for a longer time than he has contracted with the said Company to pay for or shall supply any person with any of the gas supplied to him by the said Company without the Company's consent in writing first obtained or if any person shall wantonly or maliciously hinder or interrupt any of the contractors workmen agents or servants of the said Company ia legally doing or performing any of the acts aforesaid or in exercising any of the powers and authorities by this Act given or if any person shall wilfully or negligently or acci- dentally do or cause to be done any injury or damage to any of the buildings machinery pipes burners lamps meters or apparatus of the said Company or remove the same or cause a waste or improper use of gas supplied by the said Company it shall be lawful for the said Com- pany to make a complaiat thereof before any Justice of the Peace who may cause to be issued a summons to the person or persons so offending to appear before the Court of Petty Sessions nearest to the place where such offence shall be committed and being thereof lawfully convicted such person shall forfeit and pay to the said Company any sum not exceeding five pounds over and above all damages done and over and above aU costs such sum to be ascertained by such Com-t and to be enforced by distress and all proceedings under this Act not herein expressly provided for shall be regulated and conducted in accordance with the powers of the law in force for the time being respecting summary proceedings before Justices of the Peace and all such provi- sions shall so far as the same are applicable be enforced and observed in all proceedings under this Act not herein expressly provided for. 3. No pipe burner lamp meter or other apparatus of the said Com- ifP^i|'j|^*j'^^i"°*e „ pany being set up in any building tenement or place shall be subject to execution &o. distress for rent or shall be taken in execution under any process or proceeding of any Court of Law or Equity or under any proceedings in bankruptcy or insolvency save so far as any process or proceedings against the said Company are concerned. 4. When and so often as the said Company its servants contractors Materials of agents or workmen shall have opened broken up or removed the soil or broken to be pavement of any street or bridge as aforesaid or shaU. have opened or replaced, broken up any sewers drains or tunnels within or under any such streets or bridges the said Company shall make all reasonable despatch in performance of the work to be done and shall on completion of such work forthwith carry away all rubbish and waste or surplus material and render such street or bridge and every such sewer drain and tunnel within or under the same as nearly as possible in the same condition as it was in previously to the disturbance thereof and during the continu- 4 ALBUET OAS COMPANY (LIMITED). 46 VicTOKiA. ance of such work and until such reinstatement the said Company shall Barriers and Set up sufficient barriers and keep lights burning at night in order to lights tobeiiept prevent accidents And also when and so often as any gas pitch waste "''' tar waste liquid or other things shall escape or flow from any pipe receivers or drain being part of or incidental to the works to be erected under this Act so as to contaminate the air or any stream spring or Nuisances. other water-course or body of water natural or artificial and render the same unhealthy or offensive or unfit for use it shall be lawful for any person to give notice thereof in writing to the said Company who shall inmediately take the most speedy and effectual measures to prevent and remedy the same and if the said Company shall make default in any of the matters so required by it to be performed it shall be lawful for any person to lodge complaint thereof before any Justice of the Peace who may summon the said Company before the nearest Court of Petty Sessions and on proof of such default the said Court of Petty Sessions shall order and direct that the said matters shall be done by the said Company within a reasonable time to be named by such Court and in default of compliance with such order any Justice of the Peace on proof of such default on the part of the said Company and on proof that the complainant or any other person has performed the said work so to be done and of the costs charges and expenses attending the same shall issue a distress warrant against the goods and chattels of the said Company for any amount not exceeding the said charges and expenses and the cost of prosecuting such complaint to be paid to the person performmg the said work as aforesaid. Price purity and 5. The price for the gas shall at no time exceed twenty shillings per povJer of Sf gas. thousand cubic feet and the gas supplied shall be absolutely free from sulphuretted hydrogen and shall be of such minimum quality as to produce from an Argand burner having fifteen holes and a seven- inch chimney consuming five cubic feet of gas per hour a light equal in intensity to the light produced by fifteen sperm candles of six in the pound burning one hundred and twenty grains per hour. tcS°"*°' ^' '^■^® ^^^^ Company shall within twelve months after receiving notice from the Borough Council put up at some testing place to be j)rovided by the said Council within the Borough suitable apparatus for the purposes following — (i.) Por testing the illuminating power of the gas supplied. (ii.) Por testing the presence of sulphuretted hydrogen in the gas supplied The said apparatus shall be in accordance with the schedule hereunto annexed and shall at all times be kept and maintained in good repair and working order by the said Company. gas'o'^amtaer'."' ^- ^he Borough Council may from time to time appoint a com- petent and impartial person to be gas examiner to test the gas at the testing place who shall test the illuminating power and purity of the gas supplied on any or every day and the said Company may be represented at the testing if they shall think fit but shall not be entitled_ either by themselves or their representatives to interfere in, the testing. i^'ort &c!™'' '° ^- ^'^^ g^® examiner shall on the day immediately following that on which the testing was made by him deliver to the Borough Council . a report of such testing and shall deliver a copy thereof to the said Company and such report shall be receivable in evidence. ALBUET GAS COMPA]SrT (LIMITED). 5 9. Any gas examiner appointed by tlie Borough Council shall be 46 Victoria. paid a salary not exceeding one hundred pounds per annum which shall Gas examiner be paid one moiety by the Council and the other moiety by the said ''°* p^'""- Company. 10. No meter shall be used for ascertaining the quantity of gas sold Meters. by the said Company unless the same shall have its measuring capacity at one revolution or complete action of the meter and also the quantity per hour it is intended to measure iu cubic feet or multiples or decimal parts of a cubic foot denominated or marked on the outside thereof in legible letters or figures and shall have been tested and stamped as correct by the English "Warden of Standards or by the inspector of meters appointed from time to time by the said Borough Council or other the person or persons who may hereafter be appointed by any Act or Acts of the Parliament of New South "Wales or in pursuance thereof in that behalf to test and stamp gas meters. 11. An inspector of meters may from time to time be appointed Borough council by the Borough Council and the said inspector shall at all times when SapectOTof* authorized by the Council on the application and at the expense of any meters, consumer of gas supplied by the said Company be entitled to inspect and test the meters erected by the said Company in the premises of the person making such request after giving forty-eight hours notice of such intended inspection to the said Company and before such inspec- tion the person requiring the same shall deposit in the hands of the inspector all money due or appearing to be due by such person to the said Company on account delivered and in case such deposit shall be in excess of the sum found to be due to the said Company such excess shall be returned to the consumer. 12. No meter which shall have been fixed by the said Company Regulation of for use before the expiration of one year of the time when this Act '"^'™^- comes into operation shall be allowed to remain in use after the expira- tion of five years from that time unless it shall have been tested and stamped as by this Act directed and no meter once tested and stamped under the provisions of this Act shall be allowed to remain in use for more than seven years from the time when it shall have been last so stamped unless and until it shall have been re-tested and re-stamped in manner aforesaid and whenever the said Company shall knowingly allow any meter to be used in contravention of this section they shall be liable to a penalty not exceeding forty shillings for every such offence. 13. After the expiration of one year from the time when this Act Legal standard, comes into operation the legal standard or unit of measure for the sale of the said Company's gas by meter shall be the cubic foot containing sixty-two and three hundred and twenty-one-thousandths (62'321) pounds avoirdupois weight of distilled or rain water weighed in air at the temperature of sixty-two degrees Eahrenheit's thermometer the baro- meter being at thirty inches. 14. If any person shall forge or counterfeit or cause or procure Forging stamps. to be forged or counterfeited or knowingly act or assist in the forging or counterfeiting of any stamp which may hereafter be used for the stamping of any meter under this Act every person so offending shall for every such offence be liable to a penalty not exceeding fifty pounds or less than ten pounds and if any person shall knowingly sell utter or dispose of let lend or expose for sale any meter with such forged 6 ALBIJET GAS COMPANY (LIMITED). Power to cut off gas of defaulter. Remedy for re- covery of rents of gas. 46 ViOTOEiA. stamp thereon every person so offending sliall for every such offence be liable to a penalty not exceeding ten pounds or less than forty shillings and all meters having forgeii or counterfeited stamps thereon shall be forfeited and destroyed. Pressure of gas. iQ jtj[ gag supplied by the said Company shall except in case of accident be supplied at such pressure as to balance from midnight to sunset a column of water not less than six-tenths of an inch in height and to balance from sunset to midnight a column of virater not less than one inch in height. 16. It shall be la^-sdEul for the said Company to cut off and take away the supply of gas from the building tenement or other place of every person or body making default in payment after giving twenty-four hours notice to the occupier and thenceforth to discontinue the supply of gas contracted for with the said Company by such person or body and to enter by itself its agents or workmen into such building tene- ment or place between the hours of nine in the forenoon and four in the afternoon and remove and carry away any pipe burners lamp meter or other apparatus the property of the said Company and the said Com- pany shall have the like powers with regard to cutting off taking away and discontinuing the supply of gas in the case of the building tene- ment or place of any person who shall have been lawfully convicted as hereinbefore provided of any fraudulent injury to any meter or appara- tus on such premises or fraudulent use of the gas of the said Company And in case any person or body who shall contract with the said Company or agree to take or shall talte or use the gas of the said Com- pany in any building tenement or place or otherwise shall refuse or neglect to pay the sum or sums of money then due under his or their contract for the same to the said Company according to the terms and stipulations thereof it shall be lawful for the said Company to make complaints of such refusal or neglect before any Justice of the Peace who may cause to be issued a summons to the party or parties so refusing or neglecting calling on him or them to show cause before the Court of Petty Sessions in the police district in which such building tenement or place is situated or such user took place why he or they refuses or refuse to pay such sum or sums and thereupon the said Court shall proceed to the adjudication of the said complaint and en- forcement of the said demand and costs charges and expenses incurred in the prosecution thereof by distress and sale of the goods and chattels of the person or persons or body so refusing or neglecting to pay. 17. The secretary engineer or any other of&cer of the said Company may at aU. reasonable times enter any building tenement or place lighted with gas supplied by the said Company in order to inspect the pipes burners lamps meters or other apparatus of or connected with the works of the said Company to regulate the supply of gas or to ascertain the quantity of gas consumed or supplied and if any person shall hinder any such officer as aforesaid from so entering or making such inspection as aforesaid at any reasonable time such person shall for every such offence forfeit and pay to the said Company a sum of money not exceeding five pounds to be awarded and recovered by the said Company in like manner as the penalties aforesaid. Eight of appeal. 18. Any person may appeal from the judgment or conviction of any Court of Petty Sessions under this Act in the form and manner set forth in the Act of Council fifth William the Fourth number twenty-two. Right of officer to enter premises. ALBURT G-AS COMPANY (LIMITED). 7 19. Nothing in this Act contained shall be construed to prevent 46 Victosia. any person from indicting or otherwise proceeding either civilly or indictment for criminally against the said Company for nuisance or otherwise in nuisances, respect of the works or means used or employed by the said Company in exercising the privileges hereby on the said Company conferred or to prevent the said Company or any person from recovering any sum of money or otherwise proceeding in any Court of comj)etent jurisdic- tion but the said Company or any person to whom any jjenalty or sum of money may by the provisions of this Act be awarded may elect either to proceed in manner in this Act provided or to proceed for and recover damages or otherwise in any Court of competent jurisdiction. _ 20. In all cases in which any Act of Parliament or of the Colonial Power to Legislature or by any rule or order of the practice of the Supreme other officere. Court or any other Court now or hereafter to be in force in this Colony the plaintiff complainant or defendant in any action suit or other pro- ceeding civil criminal or otherwise or any creditor of an insolvent estate or any person being a party to or interested in any process or proceeding whatsoever is or shall be authorized empowered or required to make any affidavit deposition or information or to sign or present any" petition or to do any other act it shall be lawful and competent for the secretary or any other officer of the said Company with the consent in writing of the directors of the said Company where such Company shall be such plaintiff complainant defendant or creditor or be a party to or otherwise interested in any process or proceeding as aforesaid for and on behalf of the Company to make any such affidavit deposition complaint or information sign or present any such petition or do any such other act as aforesaid for or on behalf of the said Company. 21. The directors for the time being shall have the custody of the Custody and use common seal of the Company and the directors of the Company or a majority of them shall have power to use such common seal or authorize the same to be used for the affairs and concerns of the Company and under such seal to authorize and empower any person or persons wdthout such seal to execute any deeds and do all or any such other matters and things as may be required to be executed and done for or on behalf of the Company But it shall not be necessary to use the corporate seal in respect of any of the ordinary business of the Com- pany or for the appointment of any attorney or solicitor for the prose- cution or defence of any action suit or proceeding or of any officer or servant of the Company and such seal may be affixed to any deed or document whatsoever by any one of the directors of the said Company or by the hand of any person ^vhom the directors shall appoint in that behalf and the affixing thereof shall be attested by at least one Director and such person so appointed. 22. If it shall be proved to the satisfaction of any two Justices of the General penalty. Peace in Petty Sessions assembled that the said Company or any of its officers have been guilty of any default under this Act they shall be liable for each and every such default to a penalty not exceeding five pounds to be recovered in a summary way. 23. The following words and expressions in this Act shall have the Jf^J^"'*"™ several meanings hereby assigned to them unless there be something either in the subject or the context repugnant to such construction that is to say The expression " Company" shall mean " The Albury Gas 8 ALBUET GAS COMPANY (LIMITED). 46VICTOKIA, Company (Limited)" The expression "Directors" shall mean the Directors for the time heiag of the said "Albury GJ-as Company (Limited)" The word " street" shall include any square court or alley highway lane footpath road thoroughfare or other passage footpath or place within the limits of this Act The expression " Town and suburbs of Albury" shall comprise all those districts which are included within a radius of fire miles from the post-office of the said town. Short title. 24. This Act may be cited as the " Albury Gras Company (Limited) Act of 1883." SCHEDULE. PART I. 1 . Itegulations in respect of testing apparatus. (a) The apparatus for testing the illuminating power of gas shall consist of the most approved form of photometer known together with a proper meter minute clock governor pressure gauge and balance The burner to be used for testing the gas shall be an Argand burner having fifteen holes and a seven-inch chimney The candles used for testing the gas shall be sperm candles of six to the pound and two candles shall be used together. 2. The apparatus. (5) For testing the presence in the gas of sulphuretted hydrogen A glass vessel containing a strip of bibulous paper moistened with a solution of acetate of lead con- taining sixty grains of crystallized acetate of lead dissolved in one fluid ounce of water. PART II. 1. Rules as to mode of testing gas. (a) Mode of testing for illuminating power The gas in the photometer is to be lighted at least fifteen minutes before the testings begin and it is to be kept con- tinually burning from the beginning to the end of the tests. Each testing shall include ten observations of the photometer made at intervals of a minute. The consumption of gas is to be carefully adjusted to five cubic feet per hour. The candles are to be lighted at least ten minutes before beginning each testing so as to arrive at their normal rate of burning which is shown when the wick is slightly bent and the tip glowing The standard rate of consumption for the candles shall be one hundred and twenty grains each per hour Before and after making each set of ten observations of the photometer the gas examiner shall weigh the candles and if combustion shall have been more or less per candle than one hundred and twenty grains per hour he shall make and record the calculations requisite to neutralize the effects of this difference The average of each set of ten observations is to be taken as representing the illuminating power of that testing. 2. Mode of testing, {b) For sulphuretted hydrogen— The gas shall be passed through the glass vessel containing the strip of bibulous paper moistened with the solution of acetate of lead for a period of three minutes or such longer period as may be prescribed and if any discoloration of the test paper is found to have ta^en place this is held to be con- clusive as to the presence of sulphuretted hydrogen in the gas. 9 ALL SAINTS PARSONAGE. An Act to enable the Lord Bishop of Newcastle to sell 38 Victoria. certain Land at Singleton and to apply the proceeds of the sale thereof in the erection of a Parsonage for the Officiating Clergyman of all Saints Church Singleton. [20th May, 1875.] WHEEEAS by indentures of lease and release bearing date on or Preamble, about tlie fourteenth and fifteenth days of January one thou- sand eight hundred and forty-two the latter made bet^veen Benjamin Singleton of Patrick's Plains in the Colony of New South Wales gentleman and Mary Singleton his wife of the one part and the Bishop of Australia of the other part the parcel of land and hereditaments specified in the Schedule hereunder written were conveyed and assured unto and to the use of the said Bishop of Australia and his successors upon trust for the erection of a church or chapel for the purpose of Divine Worship according to the rites of the United Church of Eng- land and Ireland as it is now by law established And also for the erection of a residence for a clergyman in holy orders of the said United Church of England and Ireland and for a burial-ground according to the use of the said United Church And also for a glebe for the use of such clergyman as the said Bishop of Australia for the time being should appoint or for all or any of the said objects as the said Bishop of Ausfralia should from time to time determine and upon trust for all and every or any other of the purposes provided for in and by the Act of the G-overnor of New South Wales aforesaid with the advice of the Legislative Council thereof made and passed in the eighth year of the reign of His late Majesty King William the Pourth intituled An Act to regulate the temporal affairs of Churches and Chapels of the United Church of England and Ireland in New South Wales and under and subject to the enactments clauses and provisions thereof And whereas the land described in the said indentures and in the Schedule to this Act is now vested in the Lord Bishop of Newcastle under and in pursuance of a certain Act made and passed on the twenty-seventh day of August one thousand eight hundred and fifty- eight intituled An Act to remove doubts respecting the vesting of certain lands situated within the Dioceses of Sydney and Newcastle respectively which were formerly vested in the Bishop of Australia And whereas a dwelling-house has pursuant to the trusts contained in the said indenture been erected on a portion of the said laud and is now the residence of the clergyman duly appointed by the said Lord Bishop of Newcastle as the officiating clergyman or minister of the Church of All Saints in the town of Singleton hereinafter mentioned but no portion of the said parcel of land has been used or is requited for the erection of a church or chapel or set apart or required as a burial- ground or a glebe or otherwise howsoever pursuant to the trusts of the said indenture And whereas it has been considered expedient to erect a more commodious parsonage or dwelling-house in a more suit- able locality in the town of Singleton aforesaid And whereas it has been considered expedient to sell the said parcel of land and to apply 10 ALL SAINTS PAESONAGE. 38 Victoria, the proceeds arising tlierefrom in and towai'ds the erection of sucli parsonage or dwelling-liouse with the necessary ajipurtenances there- unto for the use of such clergyman or minister as aforesaid Be it therefore enacted by tlie 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 : — ■ Trustee autho- a 1. The Lord Bishop of Newcastle or other the trustee for the time rize o se . Ijeing in whom the said land may be or become vested may at any time and from time to time hereafter sell and dispose of the said parcel of land mentioned and described in the Schedule hei'eunder written by public auction or private contract either in one lot or in several lots as the said Bishop of Newcastle or the trustee for the time being shall deem most expedient for such price or prices as can be reasonably had or obtained for the same and upon such terms and conditions of sale as the said Bishop of Newcastle or the trustee for the time being shall deem expedient with power to buy in the said parcel of land or any jDart or parts thereof at any auction sale or to rescind or vary the terms of any contract for sale without being responsible for any loss to be occasioned thereby and when sold to convey the same or any part or parts thereof to the purchaser or purchasers thereof and thereupon the same shall vest absolutely in such purchaser or purchasers his her or their heirs and assigns absolutely freed and discharged from the afore- said trusts affecting the same and the receipt in writing of the said Bishop of Newcastle or the trustee for the time being shall absolutely discharge the purchaser or purchasers of the said land or any part or parts thereof from the purchase money payable by him her or them respectively and shall exonerate him her or them from seeing to the application of the said purchase money and from all liability as to the misapplication or nonapplication thereof. Power to sell on 2. It shall and may be lawful for the said Bishop of Newcastle or the trustee for the time being to allow any purchaser or purchasers of the said parcel of land or any part or parts thereof credit for the pay- ment of the whole or part of his her or their purchase money upon such terms as to interest or otherwise as the said Bishop of Newcastle or the trustee for the time being may deem reasonable and proper pro- vided that such parcel of land or part or parts thereof shall remain unconveyed or shall be rendered a security by charge mortgao-e or otherwise for so much of the purchase money as shall remain unpaid together with interest thereon until payment thereof the lien of the said Bishop of Newcastle or the trustee for the time being as vendor continuing notwithstanding any arrangement as to other security for the purchase money or any part thereof remaining unpaid. Trusts of sale. 3. The said Bishop of Newcastle or the trustee for the time being shall stand possessed of all moneys arising from such sale or sales as aforesaid upon trust to apply the same in or towards the erection in a more suitable locality in the said town of Singleton as the said Bishop of Newcastle or the trustee for the time being shall by writing under his or their hand or hands direct or appoint of a new more suitable and commodious parsonage or dwelling-house with the necessary appurte- nances thereunto for the use and residence of the clergyman or mmister tor the time being duly licensed and appointed by the said Bishop of Newcastle for the time being as the officiating clergyman of the said Church o± AU Saints under and subject to and in accordance with the ANVIL CEEEK COAL-MINING COMPANY. H provisions of the Act eighth William the Pourth luimheriive And the 3S Victoria. receipt in writing of the said Bishop of Newcastle or the trustee for the time being for such purchase money shall be a valid and complete discharge to the person or persons paying the same. 4. This Act maybe styled and maybe cited as "All Saints Parsonage Short title. Act of 1875." SCHEDULE EEPEEEED TO. All that piece or parcel of land situate lying and being in the township of Singleton at Patrick's Plains in the County of Northumberland (erroneously called Cumberland) in the Colony of New South Wales containing by admeasurement two acres one rood and twenty-four perches more or less being lots two hundred and ninety-three two hundred and ninety-four two hundred and ninety-five two hundred and ninety-six two hundred and ninety -seven two hundred and ninety- eight three hundred and fifty-nine three hundred and sixty three hundred and sixty-one three hundred and sixty-two three hundred and sixty-three and tliree hundred and sixty-four on the plan of the said township bounded on the north- east by Bishopgate-street on the north-west by Gipps-street on the south-west by High-street and on the south-east by Percy-street. ANVIL CREEK COAL-MINIXG COMPANY'S INCORPORATION. An Act to incorporate the " Anvil Creek Coal-mining 37 viotorla. Company." [2nd June, 1874.] WHEEEAS a Joint Stock Company called the "Anvil Creek Coal- Prenmbie. mining 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 settlement bearing date the eighteenth day of Eebruary one thousand eight hundred and seventy-three and by the said deed the several parties thereto have respectively covenanted and agreed that they should form and be a Joint Stock Company under the name of "The Anvil Creek Coal- mining Company" and that the objects and business of the Company should be to work or contract for the working of the coal or other mines in or upon any land of which the said Company are or may from time to time be owners or lessees to purchase or lease coal or other mineral lands to follow up and act upon any trade or purpose men- tioned in any regulations for the management or conduct of coal or other mines in the said Colony of New South Wales already promulgated or hereafter to be promidgated to purchase the necessary machinery for working the said mines or for testing the mining capabilities of any land purchased or intended so to be purchased by the Company or for draining any mines or any other purpose in connection therewith to export sell or otherwise dispose of all coal or other minerals to be raised from any land belonging to or leaded by the said Company to dispose of the timber on any such land to lease or sell any such lands and to construct railways roads wharves and other matters necessary for the promotion of the objects of the said Company And whereas it was by the said deed of settlement agreed that the capital of the said Company should unless and until increased under the provisions therein contained be thirty thousand pounds and should be divided into thirty 12 ANVIL CEEEK COAL-MINING COMPANT. 37 VicTOEiA. thousand shares of one pound each And whereas by the said deed provision has been made for the due management of the affairs of the said Company by directors therein named and by other 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 under the provisions herein contained and it is expedient that such Company shall be incorporated for the purposes aforesaid 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 as follows — Company 1. Such and SO many persons as have already become or at any time incorporated. qj. ^^j^gg hereafter shall and may in the manner provided by and subject to the rules regulations and provisions contained in the said deed of settlement become proprietors of shares of or in the capital for the time being of the said Company shall subject nevertheless to the con- ditions regulations and provisions hereinafter contained be one body politic and corporate in name and in deed by the name of " The Anvil Creek Coal-mining Company" and by that name shall and may sue and be sued by any person whether members of the said Corporation or not and shall and may implead and be impleaded answer and be answered unto defend and be defended 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 and goods effects bills notes securities or other pro- perty of the said Company to be the money goods effects bills notes securities or other property of the said Corporation and to designate the said Company by its corporate name whenever for the purpose of any allegation of an attempt to defraud or otherwise howsoever such designation shall be necessarj"- and the said Corporation shall have per- petual succession with a common seal which may be altered varied and changed from time to time at the pleasure of the said Corporation. Deed of settle- 2. The several rules regulations clauses provisions and agreements men confirmed, contained in the said deed of settlement or to be made under or by virtue or in pursuance thereof or of this Act shall be deemed and considered to be and shall be the by-laws for the time being of the said Corporation and shall be of the same force and effect as if the same had been herein specially enacted save and except in so far as any of them are or shall be altered varied or repealed by or are or shall be inconsistent or incompatible with or repugnant to any of the provisions of this Act or of any laws now or hereafter to be in force in the said Colony. All property 3- -A-U lands railways mining and other plant rolling stock and compS'ltJbe^ machinery now belonging to the mines mentioned in the said deed of vested in the Settlement Or Used in connection therewith and all other property S'Ky™ belonging to the said Company or held by any trustee for the said incorporated. Company according to the estate and interest therein and the nature and quality thereof respectively shall be and is hereby transferred to and vested in the said Corporation hereby incorporated. hffiaKnd *■ ■'"*■ ^^^^ ^® lawful for the said Corporation to purchase take hold other property. P*i ^^PJ *« t^^m and their successors for any estate term of years or interest or under license any coal or other mineral lands whatsoever ANVIL CEEEK COAL-MININ& COMPANY. 13 and all such houses offices buildings and other lands and hereditaments 37 Victokia. as may be necessary and proper for the purpose of managing conducting and carrying on the affairs concerns and business of the said Corporation and to sell convey and assign assure lease and otherwise dispose of or act in respect of such coal or other mineral lands houses offices buildings and other lands and hereditaments as occasion may require without incurring any penalties or forfeitures. 5. It shall and may be lawful to and for all persons who are or shall conveyance to be otherwise competent so to do to grant sell alien and convey demise "'^ CoToratiou assign assure and dispose of unto and to the use of the said Corporation and their successors for the purposes aforesaid or any of them any such houses offices lands miues hereditaments and other real and personal estate. 6. It shall be lawful for the said Corporation from time to time to increase of extend or increase its capital for the time beiag by the creation and <=*?'**'■ disposal of new shares in the manner speciiied and set forth and subject to the rules regulations and provisions contained in the hereinbefore in part recited deed of settlement. 7. The Corporation shall not be bound in any manner by any trust Trusts or equit- or equitable interests or demands affecting any shares of the capital aSecthli^'shares. standing in the name of any person as the ostensible proprietor thereof or be required to take any notice of such trusts or equitable interests or demands but the receipt 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 Corpora- tion for or in respect of any dividend or other money payable by the said Corporation in respect of such shares and a transfer of the said shares in accordance with the regulations in that behalf contained in the said deed of settlement by the person in whose name such shares shall so stand shall notwithstanding as aforesaid be blading and con- clusive so far as may concern the said Corporation against all persons claiming by virtue of such trusts or equitable interests or demands Provided always that nothing herein contained shall be deemed or taken to interfere with or abridge the rights and power of a Court of Equity with respect to dividends or moneys which shall not have been paid by the Corporation or to shares which may not have been transferred by the Corporation to restrain the payment of any such dividend or money payable by the Corporation in respect of any shares or the transfer of any shares or to direct the payment of such dividends or money 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. 8. If at the time appointed for the payment of any call any share- Enforcement of holder shall fail to pay the amount of such call it shall be lawful for "^"^ ^^ action. the Corporation to sue such shareholder for the amount thereof in any Court of Law or Equity having competent jurisdiction and to recover the same with interest thereon and in any action or suit for the recovery thereof it shall be sufficient for the Company to declare that the defendant is the holder of so many shares (statmg the number) and is Declaration in indebted to the Company in such sum of money as the calls in arrear ™J,'^ '° recover shall amount to in respect thereof (stating the number and amount of each of such calls) whereby an action or suit hath accrued to the Com- ^rmel in action pany and on the trial or hearing of such action or suit it shall be for calls, sufficient to prove that the defendant at the time of making such call 14 ANVIL CEEEK COAL-MINING COMPANY. 37 ViCTOEIA. Contracts by directors how to be entered into. Contracts &c. under the deed of settlement before Act. OfHcers to account on de- mand. was a holder of so Biany shares in the Corporation and that such call was in fact made by jjersons acting as directors of the Corporation and that such notice thereof has been given as is directed by the said deed of settlement and it shall not be necessary to prove the appointment of the directors who made such call or any other matter whatever and thereupon the Corporation shall be entitled to recover what shall be due upon such call and interest thereon and the production of the register of shareholders shall be ■prima facie evidence of such defendant being a shareholder and of the number and amount of his shares. 9. The power of the directors to make contracts on behalf of the Corporation may laAvfuUy be exercised as follows (that is to say) : — With respect to any contract which if made between private per- sons would be by law required to be in writing and under seal the directors may make such contract on behalf of the Corporation in writing and under the common seal of the Corporation and in the same manner may vary or discharge the same. "With respect to any contract wliioh if made between private per- sons would be by law required to be in writing and signed by the parties to be charged therewith the directors ma,y make such contract on behalf of the Corporation iu writing signed by any two of the director.^ and in the same manner may vary or discharge the same. With respect to any contract which if made between private persons would by law be valid although made by parol only and not reduced into writing the directors may make such contract on behalf of the Corporation by parol only without ^\-riting and in the same manner may vary or discharge the same and all contracts made according to the provisions herein contained shall be effectual in law and shall be binding upon the Cor- poration and their successors and all other parties thereto their heirs executors or administrators as the case may be and on any default in the execution of any such contract either by the Corporation or any other party thereto such action or suit may be brought either by or against the Corjioration as might be brought had the same contracts been made between private parties only. 10. Nothing herein contained shall prejudice or be deemed to preju- dice any call made or any contract or other act deed matter or thing entered into made or done by the said Company prior to or under or by virtue of the said deed of settlement before this Act shall come into operation but the same call contract act deed matter or thing shall be as valid and effectiial to all intents and purposes as if this Act had not been passed and maybe enforced in like manner as if the said Company had been incorporated before the same call contract act deed matter or thing had been made entered into or done. 11. Every ofElcer employed by the Corporation shall from time to time when required by the directors make out and deliver to them or to any person appointed by them for that purpose a true and perfect account in writing under his hands of all moneys received by him on behalf of the Corporation and such account shall state from A\-hom and for what consideration such moneys shall have been received and how and to whom and for what purpose such moneys shall have been dis- posed of and together with such account such officer shall deliver the ANYIL CREEK COAL-MINIl^G- COMPAT^T. 15 Toucters and receipts for such payments and every siicli officer shall 37 Victobia. pay to the directors or to any person appointed by them to receive the same all moneys which shall appear to be owing from him on the balance of such accounts. 12. Eor the purpose of regulating the conduct of the officers and Power to make servants of the Corporation and for providing for the due management ™ws!'"'''^ ''''' of the afEairs of the Corporation in all respects it shall be lawful for the Corporation subject to the provisions herein mentioned from time to time to make such by-laws and regulations as they think fit Pro- vided that such by-laws be not repugnant to the laws of the Colony or to the provisions of this Act or to any resolution of any general meeting of shareholders and such by-laws shall be reduced into writing and shall have affixed thereto the common seal of the Corporation and a copy of such by-laws shall be given to every officer and servant of the Corporation affected thereby. 13. The production of a printed or written copy of the by-laws of Evidence of by- the Corporation having the common seal of the Corporation affixed '^^^ thereto shall be sufficient evidence of such by-laws in aU proceedings under the same. II'. If any execution either at law or in equity shall have been issued Execution against the property or effects of the Corporation and if there cannot SeS.^"""^"" be found sufficient whereon to levy such execution then such execution may be issued against any of the shareholders to an amount equal to the amount of their shares respectively in the capital of the Company in addition to the amount of the said shares Provided always that no execution shall issue against any shareholder except upon an 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 in writing 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 the shareholders register required by the said deed of settlement to be kept in the office of the Corporation without fee Provided further that nothing herein contained shall shareholders not extend to charge or make liable any shareholder of the Corporation or amount ofaeir^ his real or personal estate with or for any debt or demand whatever subscribed due or to become due from or by the Corporation or in any wise amount equal to relating to the said undertaking for any of the matters or things ™"h sbares. authorized by the said deed of settlement or this Act to be made done or completed to a greater extent than the amount of their subscribed shares and a further amount equal to their said subscribed shares any law to the contrary thereof in anywise notwithstanding. 15. If by means of any such execution any shareholder shall have shareholders to paid any sum of money beyond the amount then due from him in res- amount°pafd'^ pect of calls he shall forthwith be reimbursed such additional sum by beyond calls the directors out of the funds of the Corporation. 16. The directors shall have the custody of the common seal and the Custody and form thereof and all other matters relating thereto shall from time to seai."''"'^^ " time be determined at meetings of directors and the directors present at any meeting shall have power to use the common seal for the affairs and concerns of the Corporation and under such seal to authorize and empower any person without such seal to execute any deed and do all 16 AEMIDALE EOMAN CATHOLIC CHUECH &c. 37 VicioKiA. or any other such matter and things as may be required to he executed and done on hehalf of the Corporation but it shall not be necessaiy to use the corporate seal in respect of any of the ordinary business of the Corporation or for the appointment of any attorney or solicitor for the prosecution of any action suit or other proceedings or of any officer or servant of the Corporation and such seal may be affixed to any deed or document by the hand of any person whom the directors shall appoint in that behalf and the affixing thereof shall be attested by one director and such person so appointed and in case any conveyance or other instrument under seal shall be executed wherein it appears that such conveyance or other instrument is executed in consideration of a money payment therein stated to have been made to the Corporation such execution shall have no operation in law or shall operate only as an escrow (according as may be indicated in the attestation aforesaid) until the treasurer or other officer charged with the receipts of moneys on behalf of the Corporation shall have certified under his hand at the foot thereof that such consideration money has been duly paid. Power to boiTow 17. It shall and may be lawful for the directors in pursuance of a debenture^^ °^ resolution to that effect to be passed at special general meetings of the shareholders to be called for the purpose from time to time to borrow upon mortgage of the property of the Corporation or upon debentures chargeable thereon issued under the hands of any two of the directors named in such resolutions any sum or sums of money not exceeding in the whole an amount equal to the paid-up capital of the Company Provided always that the shareholders present at such meeting either in person or by proxy specially given for the occasion shall hold shares representing not less than one-third of the paid-up capital of the Com- pany. Short title. 18. Whenever this Act is cited it shall be sufficiently described as the "Anvil Creek Coal-mining Company's Incorporation Act of 1874." AEMIDALE ROMAN CATHOLIC CHURCH SCHOOL AND PRESBYTERY. 45 VicTOEiA. An Act to enable the Venerable Samuel John Austin Slieeby and Thomas Cooper Makinson Trustees of certain land in the City of Armidale and the Very Reverend John Thomas Lynch Trustee of certain other land in the said City respectively to sell the said respective lands and to provide for the application of the proceeds thereof. [24th November, 1881.] WHEEEAS by an indenture of conveyance bearing date the first day of October one thousand eight hundred and sixty-two made between the Very Eeverend John Eigney of the one part and the Most Eeverend John Bede Folding the abovenamed Venerable Samuel John Austin Sheehy and the abovenamed Thomas Cooper Makinson of the other part the land described in the Pirst Schedule hereto was conveyed to the said John Bede Folding Samuel John Austin Sheehy and Thomas Cooper Makinson And their heirs upon trust as a site for the erection and maintenance of a Eoman Catholic Church And Preamble. AEMIDALE EOMAN CATHOLIC CHUECH, &c. 17 whereas by a deed of grant from the Crown bearing date the sixteenth 45 Victoria. day of Eebruary one thousand eight hundred and seventy-two the land described in the Second Schedule hereto was granted unto the Right Reverend Timothy O'Mahony then Roman Catholic Bishop of Armidale the Very Reverend John Thomas Lynch abovenamed and Joseph Daly their heirs and assigns upon trust for the erection thereon of a Roman Catholic Church And whereas by a deed of grant from the Crown bearing date the sixteenth day of Pebruary one thousand eight hundred and seventy-two the land described in the Third Schedule hereto was granted unto the said Timothy O'Mahony John Thomas Lynch and Joseph Daly their heirs and assigns upon trust for the erection thereon of a Roman Catholic School-house And whereas by a deed of grant from the Crown bearing date the sixteenth day of Pebruary one thou- sand eight hundred and seventy-two the land described in the Pourth Schedule hereto was granted unto the said Timothy O'Mahony John Thomas Lynch and Joseph Daly their heirs and assigns upon trust for the appropriation thereof as the site of a dwelling-house garden and other appurtenances for the clergymen duly appointed to oiEciate in the Roman Catholic Church at Aimidale And whereas it has been found that the lands described in the First and Second Schedules hereto are unsuitable for the erection thereon of a Roman Catholic Church and it is expedient that the said lands should be sold and that the pro- ceeds to arise from such sale should be applied iu or towards payment of the purchase money of another piece of land in the said city of Ar- midale situated in a more suitable position as a site for a Roman Catholic Church or in or towards payment of the cost of erection thereon of such Church And whereas the said Most Reverend John Bede Polding died in the year one thousand eight hundred and seventy-seven and the abovenamed Samuel John Austin Sheehy and Thomas Cooper MaMnson are now the sole trustees of the said lands Ana whereas the lands described in the Third and Pourth Schedules hereto have respec- tively been foim^d unsuitable for the purposes for which the said lands were respectively granted and it is expedient that the said lands should be sold and that the proceeds to arise from such sale should be applied in or towards payment of the purchase-moneys of other lands in the said City of Armidale situated in more suitable positions as sites for a Roman Catholic school and presbytery respectively or in or towards payment of the cost of the erection on such sites respectively of such school and presbytery respectively And whereas the said Right Reverend Timothy O'Mahony some time since resigned his office of Roman Catholic Bishop of Armidale and is now permanently resident beyond the Colony of New South Wales And whereas the said Joseph Daly died in the year one thousand eight hundred and seventy-iive And the abovenamed Very Reverend John Thomas Lynch is now the sole trustee of the said lands respectively described in the Second Third and Pourth Schedules hereto Be it therefore enacted by the Queen's Most Excellent Majesty bv 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. After the passing of this Act it shall be lawful for the said power to sen. Venerable Samuel John Austin Sheehy and Thomas Cooper MaMnson the present trustees of the land described in the Pirst Schedule hereto their heirs or assigns or other the trustees for the time being of the said land to sell and dispose of the same by public auction or private 48 AEMIDALE EOMAK CATHOLIC CHUECH, &c. 45 VioTOKiA. contract and either in one lot or in several lots as they shall deem most expedient for such price or prices as can he had or obtained for the same and upon such sale or sales to convey the said land or any part or parts thereof to the purchaser or purchasers thereof in fee simple freed and discharged from all trusts affecting the same And the receipt in writing of the said trustees their heirs or assigns for the purchase money for the said land upon such sale or sales shall abso- lutely discharge the purchaser or purchasers thereof from the purchase money payable by him or them respectively and shall exonerate him or them from seeing to the application of the said purchase money and from all liability in respect of any misapplication or non-application thereof. Power to sell. 2. After the passing of this Act it shall be lawful for the abovenamed Very Reverend John Thomas Lynch the present trustee of the lands respectively described in the Second Third and Pourth Schedules hereto his heirs or assigns or other the trustee or trustees for the time being of the said lands to sell and dispose of the same by public auction or private contract and either in one lot or in several lots as they shall deem most expedient for such price or prices as can be had or obtained for the same And upon such sale or sales to convey the said lands respectively or any part or parts thereof to the purchaser or purchasers thereof in fee-simple freed and discharged from aU trusts affecting the same ^ And the receipt in writing of the said trustee or trustees his or their heirs or assigns for the purchase money for the said lands upon such sale or sales shall absolutely discharge the purchaser or purchasers thereof from the purchase money payable by him or them respectively and shall exonerate him or them &om seeing to the application of the said purchase money and from aU liability in respect of any misapplica- tion or non-application thereof. Investment of 3. The said trustee and trustees respectively mentioned or referred procee s. ^^ ^^ ^j^g g^^^ ^^^ second clauses of this Act his or their heirs and assigns shall respectively stand possessed of aU moneys arising from any and every such sale or sales as aforesaid upon trust to apply the said moneys in or towards payment of the purchase money of another piece or other pieces of land in the said City of Armidale as a site or sites for the erection thereon of a Eoman Catholic Church school and presbytery respectively or in or towards payment of the cost of erecting thereon such church school and presbytery respectively Provided always that the moneys arising from the sale of the lands described in the said Pirst and Second Schedules shaU be applied so far as may be prac- ticable in or towards the cost of a new site for the church or its erec- tion thereon And that the moneys arising from the sale of the lands described in the Third and Pourth Schedules respectively shall be applied so far as may be practicable in or towards the cost of new sites tor the school and dweUing-house or their erection thereon respectively with the appurtenances in accordance with the trusts applicable respec- tively to the lands described in the said four Schedules. SCHEDULES. FIRST SCHEDULE. All that piece or parcel of land containing by admeasurement one rood thirteen and. a ha f Perches more or less situate at Armidale parish of Armidale in New fec& n^ t^' ^fT^ t New South Wales being toZ allotment number twoTf section one bounded on the south by Beardy-street one chain easterly on the east .'AlRMlDALE GAS COMPANY. '19 "by allotment number three three chains thirty -'five links northerly on the north by 45 VieTOKlA. allotment number thirteen one chain westerly and on the west by allotments numbers sixteen and one three chains thirty-five links southerly. SECOND SCHEDULE. All that piece or parcel of land containing by admeasurement two roods be the same more or less situated in the county of Sandon and parish of Armidale town of Armidale allotment ten of section five Commencing at the south-western corner of the section and bounded thence on the south by Rusden-street easterly one chain and seventy links on the east by the western boundary-line of allotment nine appropriated for a Roman Catholic school northerly at right angles to Kusden- street three chains two links and one-half of a link to a lane and on the north by that lane westerly parallel with Rusden-street one chain and seventy links to Dangar-street and on the west by that street southerly three chains two links and one-half of a link to the point of commencement. THIRD SCHEDULE. All that piece or jjarcel of land containing by admeasurement one rood be the same more or less situated in the county of Sandon and parish of Armidale town of Armidale allotment nine of section five Commencing on the northern side of Rusden- street at the south-eastern corner of allotment ten appropriated for a Roman Catholic church and bounded thence on the south by that street easterly eighty- three links "on the east by the western boundary-line of allotment eight appro- priated for a Roman Catholic presbytery northerly at right'angles to Rusden-street .three chains and two links and one-half of a link to a lane on the north by that lane westerljf parallel with Rusden-street eighty-three links and on the west by the eastern boundary line of allotment ten aforesaid southerly at right angles to Rusden-street three chains two links and one-half of a link to the point of com- mencement. FOURTH SCHEDULE. All that piece or parcel of land containing by admeasurement one rood be the same more or less situated in the county of Sandon and parish of Armidale town of Armidale allotment eight of section five Commencing on the northern side of Rusden-street at the south-eastern corner of allotment nine appropriated for a Roman Catholic school and bounded thence on the south by that street easterly eighty-three links on the east by a line northerly at right angles to Rusden-street three chains two links and one-half of a link to a lane on the north by that lane westerly parallel with Rusden-street eighty-three links and on the west by the «astern boundary-line of allotment nine aforesaid southerly at right angles to Rusden-street three chains two links and one-half, of a link to the point of com- mencement. ARMIDALE GAS COMPANY'S INOORPOEATION. An Act to incorporate the Armidale Gas Company 48 Victoria. (Limited) and to enable the said Armidale Gas Com- pany (Limited) to construct Gas-works within the City of Armidale. [20 June, 1884.] WHESEAS it is expedient that the city of Armidale in the Colony pi-eambie. of New South Wales should be supplied and lighted with gas And whereas for the carrying out of the works necessary for such sup- phr of gas a Joint Stock Company called the Armidale G-as Company (Limited) has lately been established at Armidale in the Colony of New South "Wales under and subject to the rules regulations restrictions and provisions contained in certain articles of association signed in the month of October one thousand eight hundred and eighty -three and purporting to be the articles of association of the said Company And 20 AEMIDALE GAS COMPANY. 48 VicTOEU, wWeas by the memorandum of association of the said Company it was declared that the objects for which the said Company was estab- lished were to manufacture gas and supply the same in the town and suburbs of Armidale and to carry on the business of a gas company in all its branches To manufacture render saleable and deal in coke tar pitch asphaltum and aU residual products obtained in the manufacture of gas To construct and maintain works for manufacturing receiving and purifying gas and all other works buildings pipes plant machinery appliances and apparatus necessary or proper for the manufacture or supply of gas To purchase lease or otherwise acquire lands buildings easements collieries plant machinery and all other goods chattels or things used by the said Company for the purposes of its undertaking To obtain an Act or Acts of Parliament and all other authorities for enabling the Company to carry into effect all or any of the above objects And whereas by the said memorandum of association it was further agreed that the capital of the said Company should consist of eight thousand pounds divided into eight thousand shares of one pound each And whereas by the said articles of association provision has been made for the payment of dividends and for increasing the capital of the Company and also for the due management of the affairs of the said Company And whereas the said Company is desirous of being incor- porated and it is expedient that it should be incorporated accordingly and empowered to construct gas-works within the municipal boundaries of the City of Armidale but subject to the provisions hereinafter con- tained And whereas the Borough Council of the City of Armidale have at the request of the Armidale G-as Company (Limited) and in consideration of the benefits to arise from the establishment and carrying out of such works consented to the vesting in the said Company of all necessary powers and authorities so far as the rights and interest of the said Borough Council are concerned 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. Such and so many persons as have already become or may in the manner provided by and subject to the rules regulations and provisions contained in the articles of association become proprietors of shares of or in the capital for the time being of the said Company shall for the purposes aforesaid but subject nevertheless to the conditions restric- tions regulations and provisions hereinafter contained be one body politic and corporate in name and in deed by the name of " The Armi- dale G-as Company (Limited)" and by that name shall and may sue any person or persons body or bodies politic or corporate-whether a member or members of the said Corporation or not and may sue and be sued implead and be impleaded in all Courts whatsoever at law or in Equity and may prefer lay or prosecute any indictment information and prosecution against any person or persons whomsoever for any stealing embezzlement fraud forgery crime or offence and in all indictments informations and prosecutions it shall be lawful to state the money and goods effects bills notes securities or other property of the said Company to be the money goods effects bills notes securities or other property of the said Corporation and to designate the said Company or co-partnership by its corporate name whenever for the purpose of any allegation of any intent to defraud or otherwise how- soever such designation shall be necessary and the said Corporation Company incor- porated. AHMIDALE GAS COMPANY. 21 shall have perpetual succession with a common seal which may be 48 Victoeia altered varied and changed from time to time at the pleasure oi the said Corporation. 2. The several laws rules regulations clauses and agreements con- Deed of settie- tained in the said articles of association or to be made under or by '"™* confirmed virtue or in pursuance thereof shall be deemed and considered to be 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 be or may be altered varied or repealed by or are or shall be or may be inconsistent or incompatible with or repugnant to any of the provisions of this Act or of any of the laws or statutes now or hereafter to be in force in the said Colony but no rule or by-law shall on any account or pretence what- soever be made by the said Corporation either under or by virtue of the said articles of association 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 in the said Colony and the production of a written or printed copy of the said articles of association or of any rules by-laws or regulations to be made in pursuance thereof or in pursuance of this Act having the common seal of the Company affixed thereto shall be sufficient evidence in every Court of civil or criminal jurisdiction of such articles of association or of such by-laws rules or regulations. 3. It shall be lawful for the said Corporation from time to time to increase oJ extend or increase its capital for the time being by the creation and dis- "^^P'*^'- posal of new shares in the manner specified and set forth and subject to the rules regulations and provisions contained in the said articles of association. 4. The Company shall keep a book to be called the " Share Register" share register to and in such book shall be fairly and distinctly entered from time to ° ^^*' time the names and address of the several persons entitled to shares in the Company together with the number of shares to which such share- holders shall be respectively entitled. 5. The production of the share register shall be admitted in all Courts Production of of civil and criminal jurisdiction a.a prima facie evidence of the person be^^/^-e*° named therein as a shareholder being such shareholder and of the num- evidence. ber of his shares and every shareholder or other person having a judg- ment at law or a decree in equity against the Company may at all con- venient times peruse the share register gratis and may require a copy thereof or any part thereof and for every one hundred words or part of one hundred words so required to be copied the Company may demand a sum not exceeding one shilling. 6. The capital or joint stock for the time being and all the funds and Capital and property of the said Corporation and the several shares therein and the sonaity*" ^^ ^" profits and advantages to be derived therefrom shall be deemed to be personal estate and be transmissible accordingly subject to the regula- tions of the said articles of association. 7. The Corporation shall not be bound in any manner by any trusts Trusts or equit- or equitable interests or demands affecting any shares of the capital affe1;ting?tos. standing in the name of any person as the ostensible proprietor thereof or be required to take any notice of such trusts or equitable interests or demands but the receipt of the person in whose name the shares shall stand in the books of the said 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 Corporation 22' AEMIDALE GAS COMPANY. Power to hold lands. 48 ViCTOKiA. for or in respect of any dividend or for money payable by the said Corporation in respect of such shares and a transfer of the said shares in accordance with the regulations in that behalf contained in the said articles of association by the person in whose name such shares shall so stand shall notwithstanding as aforesaid be binding and conclusiye as far as may concern the said Corporation against all persons claim- ing by virtue of such trusts or equitable interests or demands Pro- vided always that nothing herein 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 Corporation in respect of any such shares or the trans- fer thereafter of any such shares or to direct the payment of such dividends or other money by the Corporation or the transfer of such shares by the person in whose name they may stand to such other per- son as such Court may think fit. 8. It shall be lawful for the said Corporation any statute or law to the contrary notwithstanding to purchase take hold and enjoy to them and their successors for any estate term or interest all such houses offices buildings lands and hereditaments as may be necessary or proper for the purpose of managing and conducting and carrying on the affairs concerns and business of the said Corporation and to sell convey assign assure lease and otherwise disjjose of or act in respect of su.ch houses offices buildings lands and hereditaments as occasion may require for the purposes of the said Corporation. 9. It shall be lawful for all persons who are or shall be otherwise the Corporation, competent SO to do to grant sell alien convey demise assign and dispose of unto and to the use of the said Corporation and their successors for the jiurposes aforesaid or any of them any such houses offices lands hereditaments and other real estate whatsoever as aforesaid accordingly^ 10. No dividend or bonus shall in any case be declared or paid out of the subscribers capital for the time being of the said Company or otherwise than out of the declared surplus capital net gains and profits of the business. tor'oaHs™ ™''^ ^^' I^ a-^J ^-ction Or suit to be brought by the said Corporation against any proprietor of any shares in the capital of the said Corpo- ration to recover any sum of money due and payable to the said Cor- poration for or by reason of any call or the arrears thereof made by virtue of this Act or of the said articles of association it shall be sufficient for the Corporation to declare and allege that the defendant being the proprietor of such or so many shares in the capital of the said Corporation is indebted to the said Corporation in such sum of money (as the call in arrears shall amount to) for such call of such sum of money upon such share or so many shares belonging to the said defendant whereby an action hath accrued to the said Corporation 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 directors who made such call or any other matter except that the defendant at the time of making such call was a holder or proprietor of one or more share or shares in the capital of the said Corporation and that such call or calls was or were in fact made and such notice thereof and of the time fixed for the payment thereof given as directed by the said articles of association and the said Corporation shall thereupon be entitled to recover what shall appear due upon each call with interest thereon. Conveyance to Dividend from the proflta. AEMIDALE GAS COMPAISTT, 23 12. If any execution either at law or in equity shajl be or sliall have 48 Victoeia. been issued against the property or effects of the Company and if there Execution cannot be found after due diligence sufficient whereon to levy such SdeS.^''*''^" execution then such execution may be issued against any of the share- holders for the time being or any former shareholder until such execu- tion shall be fully satisfied Provided that no such execution shall be issued against any shareholder or former shareholder for any amount beyond the sum due by such shareholder in respect of the amount agreed to be subscribed for towards the capital of the said Company and unpaid by him and no such shareholder or his real or personal estate shall be liable for any debt or demand whatsoever due or to become due by the said Company beyond the amount not then paid up upon his shares in the capital of the Company Provided always that no such execution shall issue against any such shareholder or former shareholder except upon an 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 in writing to the person sought to be charged And upon such motion such Court may order execution to issue accordingly Provided further that in case of execu- tion against any former shareholder it shall be shown that such former shareholder was a shareholder of the Company at the time when the contract or engagement was entered into for breach of which con- tract or engagement such execution shall have issued or became a shareholder during the time such contract or engagement was unexe- cuted or unsatisfied or was a shareholder at the time the judgment or decree was obtained upon which judgment or decree such execution shall have issued Provided also that in no case shall such execution be issued against the person property or effects of any former share- holder after the expiration of one year after the person sought to be charged shall have ceased to be a shareholder of the Company. 13. Every shareholder against whom or against whose property or Eeimbursement effects execution upon any judgment decree or order obtained as i^roed^^nst'a aforesaid shall have been issued as aforesaid shall be entitled to recover shareholder, against the Company all loss damages costs and charges which such shareholder may have incurred by reason of such execution and after due diligence used to obtain satisfaction thereof against the property and effects of the Company such shareholder shall be entitled to con- tribution for so much of such loss damages costs and charges as shall remain unsatisfied from the several other shareholders against whom execution upon such judgment decree or order obtained against the Company might also have been issued under the provisions in that behalf aforesaid as and subject to the limitation herein provided and such contribution may be recovered as aforesaid according to the pro- visions in that behalf in the said articles of association contained. 14. In the cases provided by this Act for execution of any judgment Execution decree or order in any action or suit against the Company to be issued j^f^j g^ar°- against the person or against the property and effects of any share- holders. holder or former shareholder of the Company or against the property and effects of the Company at the suit of any shareholder or former shareholder in satisfaction of any money damages costs and expenses paid or incurred by him as aforesaid in any action or suit against the Company such execution may be issued by leave of the Court or of a Judge of the Court in which such judgment decree or order shall 24. AEMIDALE GAS COMPANY. Power to sec- retary or other officer. 48 VicroRiA. have been obtained upon motion or summons for a rule to sbow cause or other motion or summons consistent with the practice of the Court without any suggestion or scire facias in that behalf and it shall be lawful for such Court or Judge to mate absolute or discharge such rule or allow or dismiss such motion (as the case may be) and to direct the costs of the application to be paid by either party or to make such other order therein as to such Court or Judge shall seem fit and in such cases such forms of writs of execution shall be sued out of the Courts of Law and Equity respectively for giving effect to the provisions in that behalf aforesaid as the Judges of such Courts respectively shall from time to time think fit to order and the execution of such writs shall be enforced in like manner as writs of execution are now enforced Provided that any order made by a Judge as aforesaid may be^ dis- charged or varied by the Court on application made thereto by either ' party dissatisfied with such order Provided also that no such motion shall be made nor summons granted for the purpose of charging any shareholder or former shareholder until ten days notice thereof shall have been given to the person sought to be charged thereby. 15. In all cases in which by any Act of Parliament or of the Colonial Legislature or by any rule or order of the practice of the Supreme Court or any other Court now or hereafter to be in force in this Colony the plaintiff complainant or defendant in any action suit or other proceeding civil criminal or otherwise or any creditor of an insolvent estate or any person being a party to or interested in any process or proceeding whatsoever is or shall be authorised empowered or required to make any affidavit deposition or information or to sign or -present any petition or to do any other act it shall be lawful and comj)etent for the secretary or other ofiicer or agent of the Company where such Company shall be such plaintiff complainant defendant or creditor or be a party to or otherwise interested in any process or proceeding whatsoever as aforesaid for and on behalf of the Company to make any such afiidavit deposition complaint or information sign or present any such petition or do any such other act as aforesaid. Custody and use 16. The directors for the time being shall have the custody of the seai.""^"™ ^ common seal of the 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 by the said articles of association for the determination of other matters by the directors And the directors present at a Board of Directors of the Company or a majority of them shall have power to use such common seal or authorize the same to be used for the affairs and concerns of the Company and under such seal to authorize and empower any person without such seal to execute any deeds and do all or any such other matters and things as may be required to be executed and done on behalf of the Company in conformity with the provisions of the said articles of association and of this Act But it shall not be necessary to use the corporate seal in respect of any of the ordinary business of the Company or for the appointment of an attorney or solicitor for the prosecution or defence of any action suit or proceeding or of any officer or servant of the Company and such seal may be affixed to any deed or document by any director of the said Company or by the hand of any person whom the directors shall appoint in that behalf and the affixing thereof shall be attested by at least one director and such l^erson so appointed. AEMIDALE GAS COMPANY. 25 17. The said Corporation is hereby fully authorized and empowered 48 Victokia. by its servants contractors agents workmen and others from time to Power to erect time to make erect sink lay place fit and maintain such retorts frlXuproada gasometers meters receivers cisterns engines machines cuts drains streets &o. sewers watercourses pipes reservoirs buildings and other works and devices of such construction and in such manner as the said Corpora- tion shall think necessary or proper for the purpose of carrying out the operations of the said Corporation and also in carrying out the objects of the Corporation to break up the soil and pavement of any footpath highway street road way lane passage or other public place or thoroughfare or of any road way thoroughfare or place dedicated to or used by the public as such or any part or parts thereof and to erect posts pillars lamps lamp-irons and other apparatus in the same highways streets roads ways lanes passages and other thoroughfares and places against any wall or walls erected on or adjoining to any of them and to dig and sink trenches and drains and to lay mains and pipes and put stop-cocks siphons plugs or branches from such mains or pipes in under across or along such highways streets roads ways lanes passages and other thoroughfares and places and also with such consent as hereinafter mentioned to do the like in under across or along any private roads ways lanes passages buUdiugs and places And from time to time to cut stop remove alter repair replace and relay such main-pipes stop-cocks siphons plugs branches or other apparatus Provided always that nothing herein contained shall be deemed to authorize the said Corporation its servants contractors agents or workmen to enter into or upon any private lands buildings or places for any of the purposes aforesaid or thereon to carry out any of the operations of the said Corporation without the previous consent of the occupiers thereof except that the Corporation by its servants agents or workmen may at any reasonable time enter upon any land or place wherein any pipe hath already been lawfully laid down or placed in pursuance of this Act and repair or alter the existing pipe or lay or place any new pipe iu the stead thereof And provided also that the Corporation or the secretary or other oificers agents or servants thereof shall except in case of accident give forty-eight hours notice in writing to the council clerk of the Borough of Armidale prior to the opening or breaking up of streets lanes or otherwise as aforesaid. 18. It shall be lawful for the said Corporation to contract with To make con- any persons (whether incorporate or individual) for supplying with 0^™!/°"^ ™''^''^ gas any such person or persons or any streets ways lanes passages manufactories shops warehouses public or private houses buildings and places and for such purpose from time to time to lay down carry fit up connect and furnish any pipe branch or burner lamp meter or other apparatus from or in connection vdth any main-pipe or to lay down any new main which for such purposes may be required Pro- vided always that in all cases (where it is not otherwise expressly stipulated and agreed) the said Corporation its servants contractors workmen or agents shall at its own expense on the expiration or determination of any tenancy of any occupier so giving consent as aforesaid or on nonpayment of the sums payable by the owner or occupier of any building tenement or place for gas supplied thereto at any time within twelve months from such expiration determination or Compensation to default within fourteen days after notice in writing for that purpose premises.' 26 AEMIDALE G-AS COMPANY. 48 ViOTOBiA from or on behalf of the owner or succeeding occupier of such huilding tenement or place shall have been receired by the said Corporation enter into and upon such building tenement or place and remove take and carry away or cause to be removed taken or carried away any pipe burner lamp meter or apparatus which shall have been placed and introduced by the said Corporation therein and repair and make good such portions of such building tenement or place as may be damaged or defaced by such removal And in case the said Corporation shall neglect so to do for fourteen days after receipt of such notice it shall be lawful for such owner or succeeding occupier (provided free and reasonable access has not been refused to the agents servants and workmen of the said Corporation for the purpose aforesaid) to remove or cause to be removed all such pipes burners lamps meters or apparatus and to repair and make good the damages and defacements to the said building tenements or place caused thereby the reasonable costs and charges attending which shall immediately be paid by the said Cor- poration to the owner or occupier making such repairs as aforesaid and in default of such sum being paid by the said Corporation within three days after demand thereof in writing made at the offices of the said Corporation it shall be lavdiul for the said owner or occupier or his or her agent to make complaint thereof before any Justice who may cause a summons to be issued in the usual form calling on the said Corporation to show cause before the nearest Court of Petty Sessions of the Police District in which such building tenement or Howdetermined. place is situated why such' demand has not been satisfied And if the said Corporation fails to show cause accordingly it shall be lawful for the sitting Justices to order or award payment of the demand or any part thereof to such complainant together vnth such costs and satis- faction for his expense and trouble as to them may seem meet and such order or award to enforce by distress Provided also that if any owner or occupier of any building tenement or place or any person acting for him shall refuse reasonable access to the contractors agents workmen or servants of the said Corporation for the purpose of removing any such pipe burner meter or apparatus placed or intro- duced into any such building tenement or place by the said Corporation or shall prevent or obstruct such removal then the said owner occupier or person acting for him shall immediately make payment to the said Corporation for such pipe burner meter or apparatus And in default of his so doing within three days after demand thereof made at the said building tenement or place or the residence of the party it shall be lawful for the said Corporation to make complaint thereof before any Justice of the Peace who may cause to be issued a summons to the person so makmg default calling on him to show cause before the Court of Petty Sessions of the Police District where the building tene- ments or place is situated why he refuses to pay such demand And thereupon the said Court shall proceed to the adjudication and enforce- Frauduient use ment of such demand in the manner in this clause set forth And if of gas. g^j person shall place or lay any pipe to communicate with any main- pipe meter or other apparatus already laid placed or erected by the said Corporation or shall use additional burner or burners of larger dimensions or of other kind or description than that he has contracted to pay for or shall supply any person with any of the gas supplied to him by the said Corporation without the consent m writing of the said Corporation first obtained or if any person shall wantonly or maliciously hinder or interrupt the contractors workmen agents or 4EMIDALE GAS COMPANY. 27. servants of the said Corporation in legally doing or performing any 48 Victoeia, of the works aforesaid or in exercising the powers and authorities by this Act given or if any person shall wilfuUy negligently or acci- dentally do or cause to be done any injury or damage to any of the buildings machinery pipes burners lamps meters or apparatus of the said Corporation or remove the same or cause a waste or improper use of gas supplied by the said Corporation it shall be lawful for the said Corporation to make complaint thereof before any Justice of the Peace who may cause to be issued a summons to the person so offend- ing to appear before the Court of Petty Sessions of the police district where such offence shall be committed and being thereof lawfully convicted such person shall forfeit and pay to the said Corporation any sum not exceeding five pounds over and above all damages done and over and above all costs to be ascertained by such Court and to be enforced in the manner in this clause before set forth And all pro- ceedings under this Act not herein expressly provided for shall be regulated and conducted in accordance with the powers of the law in force for the time being respecting summary proceedings before Justices of the Peace and all such provisions shall so far as the same are applicable be enforced and observed in all proceedings under this Act not herein expressly provided for. 19. When and so often as the said Corporation its contractors agents Matenais ot or workmen shall have broken up or removed any pavement stone or ^"^^ ^l' ''™''™ other material of any highway road street way lane passage or other replaced, public place or thoroughfare or of any road way thoroughfare or place dedicated to or used by the public as such the said Corporation shall make all reasonable despatch in performance of the work to be done and shall on completion of such work forthvnth carry away all rubbish and waste or surplus material and to reinstate each pavement stone or other material and render such highway road street way lane passage or other place as nearly as possible in the same condition as it was in previously to the disturbance thereof And during the continuance of such work and until such reinstatement to set up barriers and keep lamps or fires burning at night in order to prevent accidents And also when and so often as any gas pitch waste liquid or other things shall escape or flow from any pipe receiver or drain so as to contaminate the air or water and render the same unhealthy or offensive it shall be lawful for any person to give notice thereof in vsriting to the said Corporation who shall immediately take the most speedy and effectual measures to remedy and prevent the same And if the said Corporation shall make default in any of the matters so required by it to be per- formed it shall be lawful for any person to lodge complaint thereof before any Justice of the Peace who may summon the said Corporation before the nearest Court of Petty Sessions and on proof of such default the said Court of Petty Sessions shall order and direct that the same shall be done by the said Corporation within a reasonable time to be named by such Court and in default of compliance with such order any Justice of the Peace on proof thereof and on proof that the complaiaant or any other person has performed the said work so to be done and of the costs charges and expenses attending the same shall issue a distress warrant against the goods and chattels of the said Corporation for any amount not exceeding the said charges and expenses and the costs of prosecuting such complaint to be paid to the person performing the said work as aforesaid. 28 AEMIDALE &AS COMPANY. recovery rents. 48 VicTOKiA, 20. And in case any body or bodies corporate commissioners trustees Remedy tor the gurreyors or any other person or persons who shall contract with the recovery of ^^^^ Corporation or agree to take or shall take or use and enjoy the gas of the said Corporation either in private dwellings shops inns taverns or other public or private buildings or manufactories grounds or premises or otherwise shall refuse or neglect to pay the sum or sums of money due under their his or her contract for the same to the said Corporation according to the terms and stipulations of the said respective parties with the said Corporation it shall be lawful for the said Corporation without prejudice to any other remedy to make complaint thereof before any Justice of the Peace who may issue a summons to the party so refusing or neglecting to pay as aforesaid calling on him to show cause before the Court of Petty Sessions in the Police District in which such building tenement or place is situated why he refuses to pay such sum or sums And thereupon the said Court shall proceed to the adjudica- tion of the said demand and the amount thereof with costs charges and expenses incurred in the prosecution thereof may be enforced by distress and sale of the goods and chattels of the person so neglecting or refus- ing to pay the same rendering the surplus if any to such person or persons so neglecting or refusing And it shall be lawful for the said Corporation after seven days notice to cut ofE and take away the supply of gas from the house or houses inn tavern shop manufactory warehouse or other building premises or places of every such person so making default in payment of such sum or sums of money then due by his her or their contract to the said Corporation and thenceforth to discontinue the supply of gas contracted for with the said Corporation by such person or persons. 21. The secretary engineer or other officer duly appointed for such purpose by the Company may at all reasonable times enter any building tenement or place lighted with gas supplied by the Company in order to inspect the pipes lamps burners meter or other apparatus of or con- nected with the works of the Company to regulate the supply of gas or to ascertain the quantity of gas consumed or supplied and if any person shall hinder any such officer aforesaid from so entering or making such inspections at any reasonable time such persons shall for every such offence forfeit and pay to the Company a sum of money not exceeding five pounds to be awarded and recovered by the Company in like manner as the penalties aforesaid. Apparatus not 22. No pipe burner lamp meter or other apparatus of the said Cor- executfon &cf '^ poration being set up in any building tenement or place shall be subject to distress for rent or shall be taken in execution under any process or proceeding of any Court of Law or Equity or under any proceedings in insolvency save so far as any processes or proceedings against the Corporation are concerned. 23. In the event of the wrongful exercise of any powers given by this Act nothing in this Act contained shall be construed to prevent any person from indicting or otherwise proceeding against the said Corporation for nuisance or otherwise in respect of the works or means used or employed by the said Corporation in exercising the privileges hereby on it conferred nor shall anything herein contained limit restrict or in any manner affect the right of any municipality or of any other person or Company hereafter empowered by the Legis- lature to supply gas to the said City of Armidale or to exercise any Power to officer! to inspect meters &c. Indictment for nuisance. AEMIDALE GAS COMPANY. 29 powers which it may he deemed expedient or necessary to grant for 48 Victoeu, that purpose. 24. The price for the gas shall at no time exceed seventeen shillings Pnc^.P^'J'y ^'^'^ per thousand cubic feet and the gas supplied shall be absolutely free power's the gaa. from sulphuretted hydrogen and shall be of such minimum quality as to produce from an Argand burner having fifteen holes and a seven-inch chimney consuming five cubic feet of gas per hour a light equal in intensity to the light produced by fifteen sperm candles of six in the pound burning one hundred and twenty grains per hour. 25. The said Company shall within twelve months after receiving Provision for notice from the Borough Council put up at some testing place to be '*^*"'s. provided by the said Council within the Borough suitable apparatus for the purposes following : — (i.) Por testing the illuminating power of the gas supplied. (ii.) Por testing the presence of sulphuretted hydrogen in the gas supplied The said apparatus shall be in accordance with the Schedule hereunto annexed and shall at all times be kept and maintained in good repair and working order by the said Company. 26. The Borough Council may from time to time appoint a com- Appointment of , , , . °, . , , -^ 1. • i J. i j.1. J. g*3 examiner. petent and impartial person to be gas examiner to test the gas at the testing place who shall test the illuminating power and purity of the gas supplied on any or every day and the said Company may be represented at the testing if they shall think fit but shall not be entitled either by themselves or their representative to interfere in the testing. 27. The gas examiner shall on the day immediately following that ^^ ex^niner to on which the testing was made by him deliver to the Borough Council a report of such testing and shall deliver a copy thereof to the said Company and such report shall be receivable in evidence. 28. Any gas examiner appointed by the Borough Council shall be ^as examiner paid a salary not exceeding one hundred pounds per annum which °^^ ''*' ' shall be paid one moiety by the Council and the other moiety by the said Company. 29. No meter shall be used for ascertaining the quantity of gas sold Meters. by the said Company unless the same shall have its measuring capacity at one revolution or complete action of the meter and also the quantity per hour it is intended to measure in cubic feet or multiples or deci- mal parts of a cubic foot denominated or marked on the outside thereof in legible letters or figures and shall have been tested and stamped as correct by the English Warden of Standards or by the inspector of meters appointed from time to time by the said Borough Council or other the person or persons who may hereafter be appointed by any Act or Acts of the Parliament of New South "Wales or in pursuance thereof in that behalf to test and stamp gas meters. 30. An inspector of meters may from time to time be appointed by ^jJ^^k'^'^''^^; the Borough Council and the said inspector shall at all times when Sa^ector'S'"" authorized by the Council on the application and at the expense of meters. any consumer of gas supplied by the said Company be entitled to inspect and test the meters erected by the said Company in the pre- mises of the person making such request after giving forty-eight hours notice of such intended inspection to the said Company and before 30 AEMIDALE GAS COMPANY. 48 ViCTOEiA, such inspection the person requiring the same shall deposit m the hands of the inspector all money due or appearing to be due by such person to the said Company on account delivered and in case such deposit shall be in excess of the sum found to be due to the said Com- pany such excess shall be returned to the consumer. Keguiationof 31. No meter which shall have been fixed by the said Company meters. ^^^ ^^^ before the expii-ation of one year of the time when this Act comes into operation shall be allowed to remain ia use after the expira- tion of five years from that time unless it shall hare been tested and stamped as by this Act directed and no meter once tested and stamped under the provisions of this Act shall be allowed to remain in use for more than five years from the time when it shall have been last so stamped unless and until it shall have been retested and restamped in manner aforesaid and whenever the said Company shall knowingly allow any meter to be used in contravention of this section they shall be liable to a penalty not exceeding forty shillings for every such offence. Legal standard. 32. After the expiration of one year from the time when this Act comes into operation the legal standard or unit or measure for the sale of the said Company's gas by meter shall be the cubic foot containing sixty-two and three hundred and twenty-one thousandths (62 ■321) pounds avoirdupois weight of distilled or rain water weighed in air at the temperature of sixty-two degrees of Pahrenheit's thermometer the barometer being at thirty inches. Forging >tamps. 33. If any person shall forge or counterfeit or cause or procure to be forged or counterfeited or knowingly act or assist in the forging ol" counterfeiting any stamp which may hereafter be used for the stamping of any meter under this Act any person so offending shall for every such offence be liable to a penalty not exceeding fifty pounds nor less than ten pounds and if any person shall knowingly sell utter or dispose of let lend or expose for sale any meter with such forged stamp thereon every person so offending shall for every such offence be liable to a penalty not exceeding ten pounds nor less than forty shillings and all meters having forged or counterfeited stamps thereon shall be forfeited and destroyed. Pressure of gas. 34. All gas supplied by the said Company shall except in case of accident be supplied at such pressure as to balance from midnight to sunset a column of water of not less than six-tenths of an inch in height and to balance from sunset to midnight a column of water not less than one inch in height. General penalty. 35. If it shall be proved to the satisfaction of any two Justices of the Peace in Petty Sessions assembled that the said Company or any of its officers have been guilty of any default under this Act tliey shaU be liable for each and every such default to a penalty not exceeding five -pounds to be recovered in a summary way. Right of appeal. 36. Any ]5erson may appeal from the judgment or conviction of any Court of Petty Sessions under this Act in the form and manner set forth in the Act of Council Pifth 'William the Pourth number twenty-two. Interpretation of 37. The following words and expressions in this Act shall have the terms. meaning hereby assigned to them unless there be something either in the subject or context repugnant to such construction The word " Corporation " shall mean the Armidale G-as Company (Limited) as AHMIDALE &AS COMPANY. TBI incorporated by tliis Act The expression " G-as-works" shall mean 48 Vioioeia. the gas-works and the works connected therewith hy this Act author- ■ised to be constructed The word " street" shall include any square court or alley highway lane road thoroughfare or other passage or place within the limits of this Act The expression "City of Armidale" shall comprise all that district which is included within the municipal bound- aries of the said town or within two miles of the said boundaries. 38. It shall be lawful for the Borough Council of Armidale at any ^^f °"gcha™°'' time after the expiration of five years from the passing of this Act by gas-works, ■notice in writing to require the said Company to sell and thereupon the said Company shall sell to the Borough Council of Armidale the said gas-works upon the terms of paying the then value (exclusive of any allowance for past or future profits of the said Company or any compensation for compulsory sale or other consideration whatsoever) of the said gas-works and all lands buUdings works materials and plant of the said Company suitable to and used by the said Company for the purposes of the said gas-works such value in case of difference to be referred to arbitration in the manner directed by the Act thirty-one Victoria number fifteen intituled An Act to make Arbitrations more effectual and subject to the terms and conditions therein contained. 39. Nothing contained in this Act shall prevent the said Company G^P^y^^y^o being brought under the provisions of any general Act which may be general Act. passed by the Parliament of New South Wales applying equally to Companies engaged in the manufacture of gas in the said Colony with reference to the manufacture and sale of gas nor entitle the said Com- pany to compensation from the public revenue by reason of the provisions of such general Act for the purpose aforesaid being made applicable to and binding upon the said Company. 40. This Act shall be styled and may be cited as the " Armidale Gras short title. Company's Incorporation Act of 1884." SCHEDULE. PART I. 1. Eegulaiions in respect of testing apparatus, (a) The apparatus for testing the illuminating power of the gas shall consist of the most improved form of photometer known together with a proper meter minute clock governor pressure gauge and balance The burner to be used for testing the gas shall be an Argand burner having fifteen holes and a seven-inch chimney The candles used for testing the gas shall be sperm candles of six to the pound and two candles shall be used together. 2. The apparatus. (V) For testing the presence in the gas of sulphuretted hydrogen A glass vessel containing a strip of bibulous paper moistened with a solution of acetate of lead containing sixty grains of crystallized acetate of lead dissolved in one fluid ounce of water. PART II. 1. Rules as to mode of testing gas. (a) Mode of testing for illuminating power The gas in the photometer is to be lighted at least fifteen minutes before the testings begin and it is to be kept con- tinually burning from the beginning to the end of the tests. Each testing shall include ten observations of the photometer made at intervals of a minute. , • - The consumption of gas is to be carefully adjusted to five cubic feet per hour. 32 AUSTEALIAN AGRICrLTUEAI; COMPANY. 48 ViCTOBIA. The candles are to be lighted at least ten minutes before beginning each testing so as to arrive at their normal rate of burning which is shown when the wick is slightly bent and the tip glowing The standard rate of consumption for the candles shall be one hundred and twenty grains each per hour Before and after making each set of ten observations of the photometer the gas examiner shall weigh the candles and if combustion shall have been more or less per candle than one hundred and twenty grains per hour he shall make and record the calculations requisite to neutralize the eflfects of this difference The average of each set of ten observations is to be taken as representing the illuminating power of that testing. 2. Mode of testing. (b) For sulphuretted hydrogen The gas shall be passed through the glass vessel containing the strip of bibulous paper moistened with the solution of acetate of lead for a period of three minutes or such longer period as may be prescribed and if any discoloration of the test paper is found to have taken place this is held to be conclusive as to the presence of sulphuretted hydrogen in the gas. AUSTRALIAN AGEICULTURAL COMPANY. 29 Victoria. ^^ ^gt to enable the Australian Agricultural Company to sue and be sued in tbe Colony by their corporate name. [7 April, 1866.] topS Act 6 "TTrS^^^^S ^7 *^ ^c* of t^e Imperial Parliament made and passed Geo. IV c. 86. V V in the fifth year of the reign of His late Majesty King George 21 June 1824. ^-j^Q Ponrth intituled An Act for granting certain powers and authorities to a Company to be incorporated by Charter to be called the Australian Agricultural Company for the cultivation and improvement of waste lands in the Colony of New South Wales and for other purposes relat- Sec. 1. ing thereto it was among other things enacted that in case his said Majesty should within three years after the passing of the said Act be pleased by Charter under the Great Seal of Great Britain to declare and grant that such and so many persons as should be named therein and all and every such other person or persons as from time to time should be duly admitted members into their corporation should be a body politic and incorporate by the name of the " Australian Agricul- tural Company" for the purposes therein expressed then and in that case the said Company should have and enjoy the powers rights and privileges and be subject to the regulation restrictions and conditions of the said Act mentioned and contained And whereas by the second Sec. 2. section of the said Act it was further enacted that it should and might be lawful for the said Company from time to time to appoint any person or persons to act as and be the agent or agents attorney or attorneys o£ the said Company in the said Colony and its dependencies and such appointment from time to time to revoke and recall as occasion might require and that the said Company should be and they were thereby authorized to sue and be sued plead and be impleaded at bar or in Equity withm the said Colony by and in the name of such agent or agents attorney or attorneys as aforesaid Provided always that every such appointment should be recorded and enrolled in manner therein Srati"on°iNr" ^^^'^^^ ^^^^ whereas in pursuance of the said Act his said porationiKov. Majesty was pleased by his Letters Patent or charter under the Great Seal ot Great Bntam dated at Westminster the first day of November AUSTRALIAN AGEICULTrEAL COMPANY. 33 in the year of our Lord one thousand eight hundred and twenty -four 29 Victoria. and fifth year of his reign to grant and declare that certain persons therein named and all and every such other person or persons as from time to time should be duly admitted as members into their corporation should be a body politic and corporate by the name of the " Australian Agricultural Company" and by that name should have perpetual suc- cession and a common seal And whereas the mode of legal procedure in this Colony directed by the said second section of the said recited Act has been found most inconvenient and it is desirable that provision should be made for enabling the said Company to sue and be sued by their corporate name 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 second section of the said recited Act is hereby repealed so 6 Geo. iv c. 86 far as the same relates to the Colony of New South Wales Provided ^^^^ 2 '^p^^^^ always that nothing herein contained shall prejudice invalidate or affect any proceedings had commenced or taken under the said section before the passing of this Act. 2. Prom and after the passing of this Act the said Company shall in Company to sue the Colony of New South Wales sue and be sued plead and be im- cor"m ™name. pleaded in all Courts of Law Equity or other judicature within the said Colony by and in their corporate name of the Australian Agri- cultural Company and in all proceedings informations indictments or prosecutions whatsoever it shall be lawful to state the lands tenements moneys goods effects bills notes securities or other property of whatso- ever nature real or personal of the said Company to belong to the said Company by their corporate name and to designate the said Company by their corporate name whenever for the purpose of any allegation in any proceeding whatsoever such designation shall be necessary And it incorporation or shall not be necessary in any action suit or proceeding civil criminal or ^''''"^''J?™.!?/ otherwise to prove the incorporation of the said Company or the neys need not be appointment of any agent or attorney at law or in fact for or by the p'"™"^- said Company in respect thereof. 3. The said Company shall always have an ofiicer or agent and a place Service of pro- of business in the said Colony the name of which agent or officer and a "^'^^ description of which place of business shall be registered in the office of the Registrar- Greneral and all process notices and proceedings against the Company if served on such agent or officer or upon any other principal officer of the Company in his absence or at such place of business shall be deemed good service upon the said Corporation. 31 8 Wm. IV. Proprietors, AUSTRALIAN QAS-LIGHT COMPANY. An Act for lighting with. Gas the Town of Sydney in the Colony of New South Wales and to enable certain persons associated under the name style and firm of " The Australian Gas-light Company " to sue and be sued in the name of the Secretary for the time being of the said Company and for other purposes therein mentioned. [7 September, 1837.] WHEEEAS the town of Sydney in tlie Colony of New South "Wales is large and populous and it would he a great advantage to all the inhahitants thereof if such town were lighted Avith gas And whereas a very considerable sum of money will be required for the purchase or leasing of land and buildings and in the erection of works and laying down mains and pipes in the said town of Sydney for the manufacture and conveyance of gas and it would be of great advantage and convenience it powers were given to the several persons hereinafter named effectually to light the said town and to erect all necessary works for that purpose but the same cannot be effected without the aid and authority of an Act of the Legislature Be it therefore enacted by His Excellency the Grovernor of New South Wales with the advice of the Legislative Council thereof and by the authority of the same That Henry Croaisdale "Wilson Henry Tudor Shadforth Alexander Brodie Spark George Allen David Chambers Edye Manning Thomas "WooUey Charles Nicholson Edward Hunt David Poole John Sparke John Tooth Peter Mann Hosking Eobert Hanson and Ealph Mansfield and all and every such other person or persons as shall or may from time to time in such manner as is here- inafter mentioned become a proprietor or proprietors of shares in the undertaking hereby established and their respective successors execu- tors administrators and assignees shall be and they are hereby united into a company of proprietors by the name of " The Australian G-as- light Company." 2. And whereas it is expedient that the affairs of such Company should be under the care management and superintendence of twelve directors one of whom should be the chairman of the said Company and which chairman and directors are to be elected in the manner hereinafter directed and whereas dif&culties may arise in recovering debts due to the said Company and in maintaining actions or pro- ceedings for damages done to their property and also in prosecuting those who ma y steal or_ embez zle the bonds mortgages moneys goods chattels 'or effects ot {lie saiT Company and whereas it would be con- venient and just that persons having demands against the said Company should be entitled to sue some member thereof in the place and stead of the whole And whereas it is expedient that the said Company should have the power to contract for or purchase either in fee-simple or for life or lives or for any term or terms of years for the purposes of the said Company any messuages buildings lands tenements and here- ditaments situate in the Colony of New South Wales and also to sell all or any of the said messuages lands tenements and hereditaments as AUSTRALIAN GAS-LIGHT COMPANY. 35 they may think proper and purchase any other messuages buildings 8 Wm. IV. lands tenements and hereditaments for the purposes aforesaid And whereas the above-mentioned purposes cannot be effected without the aid and authority of the Legislature Be it therefore enacted by His Company Excellency the Governor of New South Wales with the advice of the pu'chasf Uinds Legislative Council thereof That the present proprietors of any share &o. or shares in the said Company and aU such other persons as shall from time to time become proprietors of any such share or shares shall be and are hereby authorized and empowered to purchase any lands mes- suages tenements and hereditaments for the jjurposes of this Act. 3. And be it further enacted That all lands messuages tenements Lands &e. and hereditaments and all account books accounts minutes records and company vested all other books kept by any officer of the said Company and relating to in trustees, the affairs of the same and all furniture goods and chattels of what nature or kind soever now being or at any time hereafter to become the property of the said Company shall be and the same are hereby declared to be vested in James Barker Ambrose Poss William Henry Kerr and Prancis Wallace and their successors as trustees for the said Company. 4. And be it further enacted That in case of the death resignation Trustees dying' or absence from the Colony or the incapacity of any or either of the fn survivor.™^ said trustees or of any other or future trustee or trustees then the said lands messuages tenements and hereditaments account books furniture and other property belonging to the said Company shall vest in the surviving or remaining trustee or trustees untU. some other person or persons shall be elected at a general meeting of the said Company to be held in manner and at the time hereinafter mentioned in the room or stead of the person or persons so dying resigning or being absent from the Colony or becoming incapable of acting as such trustee or trustees. 5. And be it further enacted That all actions and suits against any Suifa_by-and — person or persons indebted to the said Company whether a member or company to be members thereof or otherwise and all the proceedings at law or in jn the name of equity to be instituted and prosecuted by and on behalf of the said Company and wherein the said Company is or shall be in any way con- cerned against any person or persons whatsoever shall and lawfully may be instituted in the name of the person who shall be_t hp secretary of the said Company at the time any such action suit or other proceed- ings shall be instituted as the nominal plaintiff complainant or peti- tioner on behalf of the said Company and that all actions siiits and other proceedings at law or in equity to be commenced instituted and prosecuted against the secretary for the time being of the said Com- pany as the nominal defendant on behalf of the said Company and that all prosecutions to be instituted or carried on by and on behalf of the said Company for the embezzlement robbing or stealing of any books charts maps goods chattels and effects of the said Company or for any other offence against the said Company shall and lawfully may be so instituted and carried on in the name of the secretary for the time being on behalf of the said Company and in all informations and indict- ments it shall be lawful to state the property of the said Company to be the property of such secretary for the time being and any offender or offenders may therefor be lawfully convicted of any such offence and the death resignation or removal or other act of such secretary whose name shall be so made use of in any such proceedings 36 AUSTRALIAN GAS-LIGHT COMPANY. 8 Wm. IV. shall not abate any such action suit prosecution or other proceeding- hut the same may be continued where it left off and be prosecuted and carried on in the name of any person who may be or become the secretary for the time being of the said Company. Memorial of the 6. And be it further enacted That a memorial containing the name secretary's name ^f ^j^g secretary f or the time being of the said Society or Company in tte supremf "" the form and to the effect set forth in the Schedule hereunto annexed Court. signed by the chairman secretary and majority of the directors of the said Company shall be recorded upon the oath of one or more credible witness or witnesses in the Supreme Court of New South "Wales within thirty days from the passing of this Act And when any member or proprietor of the said Company or other person shall be newly elected the secretary of such Company his name shall be recorded in the Supreme Court in like manner within thirty days then next following and until such m e moria l shall be recorded in manner herein directed no action_surri)r other proceeding shall be brought by the said Conlpany in the name of the secretary for the time being as aforesaid under the authority of this Act. Secretary may 7. And be it further enacted That the secretary for the time being beawituess. q£ ^}jg gj^j^ Company being the plaintiff or complainant petitioner or defendant in any action suit petition or other proceeding as afore- said on behalf of the said Company shall not prevent his being a. witness in any such action suit petition or other proceeding in like manner as he might have been if his name had not been made use of as such plaintiff complainant petitioner or defendant therein. Personal liability 8. And be it further enacted That execution upon any decree or of membera. judgment in any such action suit or other proceeding obtained against the secretary for the time being of the said Company whether he be plaintiff or defendant therein may and shall be issued against and levied upon the goods and chattels lands and tenements of any member or members whomsoever of the said Company for the time being in like manner and not otherwise than as if such decree or judgment had been obtained against him her or them personally Provided always that every such secretary for the time being in whose name any such action suit petition or other proceeding shall be commenced prosecuted carried on or defended and every such member or members against whose goods and chattels lands tenements and hereditaments execution upon any judgment or decree shall be issued or levied as aforesaid shall always be reimbursed and paid out of the funds of the said Company all such dues damages expenses costs and charges as by the event of any such proceeding or proceedings he she or they shall or may be put unto or become chargeable with and restitution shall be allowed as between the several parties as if this Act had not been passed. Act to extend to 9. And be it further enacted That the provisions in this Act proprietors. Contained shall extend and be construed and deemed and taken to extend to the said company at all times during the continuance of the same whether the said Company be now or be hereafter composed of all or some of the persons who were the original members or proprietors thereof or be composed altogether of persons who were not the original members or proprietors of the same. Members not to 10. Provided always and be it further enacted That nothing herein bo™.* ""''"'"''* contained shall extend or be deemed taken or construed to extend to AUSTEALIAN GAS-LIGHT COMPANY. 37 incorporate the members of the said Society or to relieve or discharge 8 Wm. IV. them or any of them from any responsibility duties contracts or obligations whatsoever which by law they now are or at any time hereafter shall be subject or liable to either between the said Company or others or between the individual members of the said Company and any of them and others or among themselves or in any other manner whatsoever except as far as the same is affected by the provisions of this present Act and the true intent and meaning of the same. 11. And be it further enacted That the said Company shall be estab- company"' lished for the purpose of producing inflammable air or gas from coal oil tar pitch or other materials and for lighting and supplying with gas all public places roads streets ways lanes passages and buildings and also all private houses shops manufactories properties and build- ings within the said town of Sydney in pursuance of any contract or agreement to be entered into as is hereafter mentioned and also for selling and disposing of all and every product or products refuse or residuum arising or to be obtained from the materials used in or neces- sary for the manufacture of gas in such manner as the said Company may think proper. 12. And be it further enacted That it shall be lawful for the said Capital stock. Company to raise and contribute amongst themselves a sum of money by way of capital or joint stock to be raised and applied in establish- ing and carrying on the said undertaking and the purposes aforesaid in the whole the sum not exceeding one hundred thousand pounds, (a) 13. And be it further enacted That the said sum of one hundred ^K'*'".'',^ thousand pounds shall be divided into shares of not less than five shares of five pounds each and every proprietor of a share or shares shall be entitled p"™''^ ''='*• to and interested in the capital stock and effects of the said Company and the profits and advantages attending the same according to the number of shares he she or they shall hold. 14. And be it further enacted That all shares in the said undertaking f^^^^g^*" ^° „ , and in the profits and advantages thereof shaiU be deemed personal estate, estate and not of the nature of real property and shall be transmissible accordingly. 15. And be it further enacted That the lands and hereditaments ^^^ *"• "' manufactories gasometers machinery apparatus and works chattels and answerable for effects of the said Company and their successors shall be answerable for ""^^'^ and subject to the just debts liabilities engagements and demands of all and every the creditors of the said Company. 16. And be it further enacted That the several persons who have ^° conipei pay- subscribed for or towards the said undertaking or who shall at any time subscriptions, hereafter have or hold any share or shares in the same shall and they are hereby required to pay the sum or sums of money by them respec- tively subscribed or such parts or proportion thereof as shall from time to time be called for pursuant to the powers of and directions contained in this Act at such times and places to such person or persons and in such manner as shall be ordered and directed by any general meeting of the said Company whether ordinary or special and in case any such person or persons shall refuse or neglect to pay any such sum or sums of money at such times and in such manner as shall be ordered or directed as aforesaid it shall be lawful for the Secretary of the said Company to sue for and recover the same from him her or them by (a) Vide section 1 of the Australian Gaslight Company's Act of 1883, 46 Vic. 38 AUSTEALIAlSr GAS-LIGHT COMPANY. 8 Wm. IV. action of debt or otherwise in His Majesty's Supreme Court in JSTew Soutli Wales or any other Court of competent jurisdiction together with lawful interest for the same from such required or appointed time of payment and all costs of suits attending the same. Names of 17. And be it further enacted That the clerk of the said Company as entered*and*° ^^ soon as a clerk is chosen shall cause the names and additions of the certifiKites of several persons who have subscribed for or may at any time hereafter deiirered to become entitled to a share or shares in the said undertaking with the them. number of such share or shares and also the proper number by which every share shall be distinguished to be fairly and distinctly registered or entered in a book to be kept for that purpose and after such registry or entry shall cause the same to be signed by the chairman of the directors of the said Company and the said directors shall cause a certificate to be signed by the chairman and secretary to be prepared and delivered to every proprietor upon demand specifying the share or shares to which he she or they is or are entitled in the said under- taking and such certificate shall be admitted in all causes whatsoever as evidence of the title of such proprietor his her or their executors administrators or assigns to the share or shares therein specified but the want of such certificate shall not hinder or prevent the owner or owners from selling or disposing of their respective share or shares and the said certificate may be in the words or to the effect following that is to say — " AUSTEALIAN GaS-LIGHT CoMPANT. No. These are to certify that of is a proprietor of the share number of the capital or joint stock of the 'Australian Gas-light Company' sub- ject to the rules regulations and orders of the said Com- pany and that the said his [or her] executors administrators or assigns is and are entitled to such propor- tion of the profits and advantages arising or to arise to the said Company as shall belong to such share. Given under the common seal of the said Company the day of in the year of our Lord 18 ." propriXs°*°' ^^- ^'^^ ^^ }^ further enacted That within one calendar month after the passing of this Act or as soon after as conveniently may be a general assembly or meeting of the said Company of proprietors shall be holden in the town of Sydney between the hours of ten of the clock in the forenoon and three of the clock in the afternoon of which general assembly or meeting ten days notice shall be given by some one of the proprietors or subscribers once in the New South Wales Government Gazette or in some newspaper published in the said town of Sydney or by letter through the post office there addressed to' each of the proprietors or subscribers at their usual residence and such general assembly or meeting shall then and there proceed in the execution of this Act at which general assembly or meeting or at any adjournment thereof twelve directors of the affairs of the said Company shall be elected from amongst such of the said subscribers as shall be possessed ^ of five shares at the least which directors shall respectively continue in office until the next general annual assembly or meeting shall be holden or until others or another in their or any of their stead shall be elected and such general assembly or meeting may be adjourned to such other time and place as the majority of the sub- AtrSTEALIAN GAS-LIGHT COMPANY. 39 scribers then present shall think fit and at every meeting under this 8 Wm. IV, Act as well of proprietors as directors one of the said proprietors as the case may be to he appointed hy the majority of the jjroprietors or directors present shall he chairman and shall besides his own rote have a casting vote in case of equality of voices, (a) 19. And be It further enacted That on the first Thursday in the General month of July in each year or as soon after as may be convenient a hoWen.'' general meeting or assembly of the said Company shall be holden (of which ten days notice shall be given in the New South Wales Grovemment Gazette or in some newspaper published in the said town of Sydney or by letter through the post-office addressed to each of the proprietors or subscribers) and at every such general annual meeting or assembly to be holden after the first general meeting of the said Company hereinbefore mentioned or by adjournment thereof five members of the said Company qualified as aforesaid who shall have been directors in the preceding year shall be re-elected directors and as soon as such re-election shall have been made seven other members of the said Company qualified as aforesaid shall be elected directors but all the directors of the said Company shall be immediately re- eligible if otherwise duly qualified and after such elections and re-elections as aforesaid shall have taken place the director or directors (if any) who shall not be re-elected shall go out of ofiice but no person shall be eligible to serve or act as a director who shall hold any office or offices or place of profit under the said Company in the said under- taking. 20. And be it further enacted That any five or more proprietors, M.^^'^'^^^^f^'^^ of the said Company holding in the aggregate fifty shares or upwards be specially in the said undertaking may at any time by writing under their hands '^^'^''• left at the office of the said Company or given to any director of the said Company or left at his last or usual place of abode require the directors to call a special general meeting so as such requisition fully express the objects for which such special general meeting is required to be called and in case of neglect or refusal of the said directors to call such meeting for the space of ten days after such notice given as aforesaid the same may be called by such proprietor by giving ten days notice thereof in the New South Wales Government Gazette and in some one or more newspaper or newspapers usually circulated in the town of Sydney and the said Company are hereby authorized to meet in pursuance of such notice and such of them as shall be present shall proceed to the execution of the powers by this Act given to the said Company with respect to the matters so specified only and all such acts of the proprietors or the major part of them met together at every such special general meeting shall be as valid with respect to the matters specified in such notice as if the same had been done at a general meeting at the time hereinbefore appointed for holding the same. 21. And be it further enacted That at all general meetings orP^pnetore ^^ special general meetings of the said Company the proprietors then hundred shares present not being in number less than seven persons _ and being ™ n'^rai' ** possessed of not less than one hundred shares at least in the said meetings, undertaking shall and may proceed to business and act in the execii- tion of the several powers hereby given to the said Company and if it shall happen that there shall not appear at any of the aforesaid general (a) Vide Australian Graslight Company's Act of 1839, 3 Vic, 40 ArSTEALIAlSr GAS-LIGHT COMPANY. General meeting; to appoint a treasurer. 8 Wm. IV. meetings or special general meetings a sufficient number of the said proprietors then and so often as the case may happen such meeting shall stand over and be deemed to be adjourned to the same day in the following week and at the same place and hour as the same ought to have been held as aforesaid but no business shall be transacted at any special general meeting of the said proprietors besides the business for which such meeting shall have been called and no other business shall be transacted at any adjourned special general meeting than the business left unfinished at the meeting from which such adjournment took place. 22. And be it further enacted That the said Company shall at their first general meeting or at some adjournment thereof elect and choose a treasurer or treasurers for transacting the pecuniary business of the said Company and it shall be lawful for the said Company at any subsequent general or special meeting to be holden as herein directed from time to time to remove and displace such treasurer or treasurers or other person or persons who shall be elected and appointed in his or their stead and also from time to time to elect choose and appoint any other person or persons to act as treasurer or treasurers of the said Company in the room of such as shall happen to die or resign or be removed from their respective offices Provided always that the said Company shall and they are hereby required to take sufficient security from every person who shall be appointed treasurer or treasurers of the said Company for the faithful discharge and execution of his office before he shall enter thereupon. 23. And be it further enacted That at any general meeting of the Company the said Company shall and they are hereby authorised and empowered from time to time to make such rules orders by-laws and regulations as to them shall seem fit and proper for the government carrying on superintendence and management of the said undertaking and regulating the proceedings of the said directors and the duties and conduct of all officers workmen and servants to be employed in and about the affairs and business of the said Company and from time to time to alter or repeal such rules orders by-laws and regulations or any of them and to make new or other rules orders by-laws and regulations and also to impose such reasonable fines and forfeitures upon all officers workmen servants and other persons to be employed in and about the affairs and business of the said Company or in the superintendence or management of the said undertaking not exceeding the sum of five pounds for any one offence as to the said general meeting shall seem meet and expedient and all rules orders by-laws and regulations so made as aforesaid being reduced into writing and signed by the chair- man and secretary shall be binding upon all such officers workmen servants and other persons and shall be sufficient authority in any court of law or equity to justify all persons who shall act under the same Provided such rules orders by-laws and regulations be not repugnant to the laws or statutes of that part of the United Kingdom of Great Britain and Ireland called England or to any law or ordinance of the Colony of New South Wales or to any of the express directions or provisions of this Act. Proprietors to 24. And be it further enacted That the members of the said Com- the''numberof'°P^'^.y ^^ ^uch general or special meetings shall have the right of their shares. voting in manner following that is to say for every member holding Power to make by-laws. ArSTBALIAN GAS-LiaHT COMPANY. 41 less than five shares one vote for five shares and less than ten shares 8 Wm. IV, two votes for ten shares and less than fifteen shares three votes for fifteen shares and less than twenty shares tour votes for twenty shares and upwards five votes and that no proprietor shall be entitled to vote in respect of any share or shares after the day appointed for the pay- ment of any instalment or call to be made or called for as hereinaftur is mentioned until such instalment or call shall have been paid and no person or persons shall vote at any general or special meeting upon any question or questions relating to the concerns of the said under- taking in which such person or persons shall be in any wise interested other than as a subscriber or subscribers proprietor or proprietors in the said undertaking. '' 25. And be it further enacted That when any of the said shares Shares standing shall be jointly possessed by or be the property of more than one 5Jime^g''^'more person the proprietor whose name shall stand first in order on the than one person register books of the said Company shall for all the purposes of the nanSstenda firet said Company be deemed the proprietor of such share or shares and S*'^ ^^ deemed ■i-i • tii6 owner all notices required to be given to the respective proprietors of shares in the said undertaking shall or may be given to or served upon such person whose name shall so stand first in order in the said register books of the said Company and such service shall be deemed to be service upon all the proprietors of such share or shares and such person shall be entitled to vote for any of the purposes of this Act in respect thereof. 26. And be it further enacted That any proprietor of shares in the Empowering said undertaking entitled to vote in respect of such shares at any general sharerto'vote or special meeting of the said Company shall have full power and autho- ^y proxy, rity to give his or her vote or votes either in person or by proxy every such proxy being one of the said Company and the appointment of such proxies may be made in the form or to the effect following (that is to say) — " I A.B. one of the proprietors in the ' Australian G-as-light Company' do hereby nominate constitute and appoint CD. of ' to be my proxy in my name and in my stead to vote or give my assent to or dissent from any business matter or thing relating to the said undertaking that shall be men- tioned or proposed at the general or special assembly of the said Company to be holden on the day of or any adjournment thereof if I shall not be present in such manner as he the said CD. shall think proper accord- ing to his opinion and judgment for the benefit of the said undertaking or anything relating thereto In witness whereof I have hereunto set my hand and seal this day of 27. Provided always and be it further enacted That in case any of Lunatics and the said proprietors entitled to vote as aforesaid shall be a lunatic or ™\1.°" ^°"^ '" lunatics or a minor or minors such lunatic or lunatics may vote by any one of his her or their committee and such minor or minors shall or may vote by his her or their guardian or any of such guardians but no person or persons shall hold and vote as a proxy or proxies for more than two proprietors nor give more than five votes for any one proxy or proxies upon any one occasion. 42 AIJSTEALIAlSr G-AS-LiaHT COMPANY. 8 Wm. IV. 28. And be it further enacted That all notices herein directed to be Notices of given of any general or special meetings or adjournments respectively to'be'^ven?'^ to any of the said proprietors upon any occasion not herein otherwise provided for shall be given by advertisement inserted in the Nevf South "Wales Grovemment Gazette and some nevs^spaper published in the said town of Sydney or by letter sent to each of the said proprietors through the post-office there and such notices and letters when so published or sent shall be deemed and considered the same as personal notices. Meetmgs of the 29. And be it further enacted That the directors to be from time to regulations for time appointed as aforesaid or any five or more of them shall hold their their proceeding, meetings at such time and at such place within the said town of Sydney as the majority of them shall from time to time approve and all ques- tions matters and things which shall be proposed discussed or considered by the said directors at any of their meetings shall be decided and' determined by the majority in number of the members present and in case of there being upon any question an equal number of votes includ- ing the vote of the chairman for the time being such chairman shall have an additional or casting vote and if on the day appointed for any meeting of the said directors iive directors shall not attend then and in such case the meeting shall be adjourned to the next day not being a Sunday and if the next day shall be a Sunday then to the Monday following by the director or directors then present or if none be present then by the clerk of the said Company or such other person as shall attend in his place and any one or more of the said directors or the clerk of the said Company by the direction of any one or more of them may at any time call a meeting of all the directors by causing a notice in writing signed by such director or directors or by the clerk of the said Company to be sent by the post or otherwise to the residence or address of every other director and also renew the meetings of the other directors although they may have been discontinued for want of adjournment or institute a new meeting independent of any meeting appointed by adjournment. 30. Provided always and be it further enacted That if any proprietor who shall be elected a director as aforesaid shall be or become a dealer either directly or indirectly in any article to be used or provided by the said Company or shall offer to take or shall take or participate in any work to be done for the said Company every such proprietor shall be dis- qualified to vote in any matters or questions to be discussed or argued by the said directors wherein he shall be directly or otherwise interested further than as a proprietor. 31. And be it further enacted That the directors for the time being of the said Company shall appoint the time and place for holding general assemblies or meetings and direct the affairs and business of the said undertaking as well in issuing receiving laying out and dis- posing of all sums of money to be issued or received laid out or disposed of for the purposes of the said Company as in contributing for and purchasing messuages lands tenements hereditaments materials goods and chattels for the use of the said Company and entering into agree- ments or contracts for supplying with gas all persons whomsoever and all pubhc places roads streets ways lanes passages and buildings and also all private houses shops manufactories and buildings within the said town of Sydney where mains and pipes shall hereafter be laid and Directors interested not to TOte. Powers of directors. AUSTEALIAN GAS-LIGHT COMPANY. 43 in selling and disposing of all articles produced as aforesaid in manu- 8 Wm. IV. facturing such gas and making enforcing and rescinding compounding and compromising all contracts and bargains touching or in anywise concerning tlie same or concerning any debts due to tbe said Company subject to such orders by-laws rules and regulations as shall at any time be duly made by the said directors in the restraint control or regulation of the powers and authorities by this Act granted and the said directors shall and may appoint clerks servants workmen tradesmen and other officers with adequate salaries (except a treasurer or treasurers) of the said Company and from time to time to dismiss remove or suspend them as they shall think fit and they shall be at liberty at any time to call any special general meetings of the said Company for any purpose they may think proper and take such security to the said Company from the treasurer or treasurer's clerk or other officer or officers or other person or persons employed by them for the faithful execution of their respective duties as they shall think proper and adequate to their trust. 32. Aud be it further enacted That when and so often as any one of Power to elect the said directors to be elected by virtue of this Act shall die or become 'n the*de1ith" disqualified or shall for the space of three calendar months refuse or resignation &o. neglect to attend the meetings of the said directors it shall be lawful °' ^'^^ irector. for the said Company at any general meeting to be held pursuant to the directions of this Act to elect some other proprietor qualified as hereinbefore mentioned to be a director in his stead and every such proprietor so elected shall continue in office as one of such directors so long as the person in whose place or stead he was elected would have been entitled to have continued if such death disqualification refusal or neglect had not happened. 33. And be it further enacted That all such officers appointed by offlcers of the the said Company or the said directors shaU. from time to time when deiwerto'" thereunto required deliver to such directors or to such person or directors full persons as they shall for that purpose appoint true exact and perfect ^™°™' ' accounts in writing under their respective hands of all moneys which they and every of them shall respectively have received by virtue of this Act and how much thereof hath been paid and disbursed and for what purposes together with proper vouchers for such payments and shall pay all such moneys as shall remain in their or any of their hands to the said directors or to such person or persons as they shall appoint to receive the same and if any such officer or person shall to produce and refuse or neglect to produce or deliver up such accounts and the ^^Jj™^^"^!" vouchers relating to the same or shall refuse or neglect to pay the money due on such account or if any such officer or person shall refuse or neglect to deliver up to the said directors or to such person or persons as they shall appoint within ten days after being thereunto required by the said directors aU books papers or writings in his custody or power relating to the execution of this Act then and in every or any of the said cases it shall be lawful for any two Justices of the Peace for the said town of Sydney or for the said Colony as the case may require upon complaint made before them by or on behalf of the said directors and such Justices are hereby required by warrant justices to under their hands and seals to summon such officer or officers person q^^^c?™"^^ or persons to appear before them and upon his her or their appearing not paying or not being to be found to hear and determine the matter of such ddi>ering"up complaint ia a summary way and to settle the said account or accounts vouchers &c. 41 AUSTEALIAN GAS-LIGHT COMPANY. 8 Wm. IV. if produced and if upon confession of tlie officer or officers person or Justices persons against whom any complaint shall .be made or by tbe oatb or f"|byXte*°9s oaths of any witness or witnesses (which'oath such Justices are hereby amount of ^ empowered and required to administer without fee or reward) or handJlc! '^ '^ ^ upon inspection of the said accounts if produced it shall appear to such Justices that any of the money which shall have been collected or received shall be in the hands of such officer or officers person or persons such Justices may and they are hereby authorized and required on non-payment thereof by a warrant or warrants under their hands and seals to cause such money to be levied by distress and sale of the Power for goods and chattels of such officer or officers person or persons respectively commw toffaoi ^^^ ^ ^° goods or chattels can be found sufficient to answer and satisfy for any time not the Said money and the charges of distraining and selling the same or montha."^ ^'^ if ^uch officer or officers or other person or persons shall not appear before the said Justices at the time and place by them appointed for that purpose unless for some sufficient reason or if appearing shall refuse or neglect to give and deliver to such Justices an account or accounts of all receipts and payments as aforesaid or to produce and deliver up to such Justices the several vouchers and receipts relating to such accounts respectively or the books accounts papers and writings in his her or their custody or power relating to the execution of this Act then and in either of the cases aforesaid such Justices may and they are hereby authorized and required by a warrant under their hands and seals to commit such officer or officers person or persons to the common gaol or house of correction for the said town of Sydney there to remain without bail or mainprise in case he or they shall be committed for non- payment of any money received by him or them or in his or their hands until he shall have accounted for and paid the full amount thereof or compounded with the said directors and paid such composition in such manner as such directors shall appoint (which composition the said directors are hereby empowered to make) or in case he or they shall be committed for not delivering any accounts books papers or writings as aforesaid until he or they shall deliver up such books papers and writings as aforesaid or make satisfaction in respect thereof to the said directors Provided that no person who shall be so committed for want of sufficient distress shall be detained in prison by virtue of this Act for a longer space of time than six calendar months. Clerk and treasu- 34. Provided always and be it further enacted That it shall not be sam"°peraon! ^ lawful f Or the Said Company or their directors to appoint the person who may be their clerk or the partner of any such clerk or any person in the employ of any such clerk or his partner the treasurer for the purposes of this Act or to appoint the person who may be appointed treasurer or the partner of any such treasurer or the clerk or other person in the employ of any such treasurer or of his partner the clerk for the purposes of this Act and if any person shall accept both the offices of clerk and treasurer or if any person being the partner or in the service or employ of any such clerk or of his partner shall accept the office of treasurer or being the treasurer or partner of any such treasurer or the clerk or other person in the service of such treasurer or of his partner shall accept the office of clerk in the execution of this Act or if any such treasurer shall hold or accept any place or office of profit or trust under this Act other than that of treasurer every such person so offending shall for every such ofEenee forfeit and pay the sum of one hundred pounds to any person who shall sue for the same to be recovered with full costs of suit in Her Majesty's Supreme Court of AUSTEALIAN G-AS-LIGHT COMPAISTT. 45 New South Wales by action of debt or on the case or by bill suit or iufor- 8 Wm. IV. mation and shall for ever be disqualified from holding any ofilce or place under the said Company. 35. And be it further enacted That the treasurer or treasurers to be Treasurer not to appointed by the said Company shall not issue any sum or sums of witho"t"orders money on their account without an order or orders in writing signed by signed by three any three or more of the directors of the said Company or by the chairman at any chairman of any meeting of the said Company and the receipt or re- meeting &c. ceipts of such treasurer or treasurers for all moneys payable to the said Company shall be efEectual discharges for the same. 36. And be it further enacted That all orders and proceedings of the Proceedings to said Company and also of the said directors made at any meeting of the books*^'^^'* '"*" said Company and directors respectively shaU. be entered in a book or books to be kept for that purpose and shall be signed by the chairman and secretary for the time being of such respective meetings and such orders and proceedings so entered and signed shall be deemed and taken to be original orders and proceedings and shall be allowed to be read in evidence on behalf of the said Company in all Courts and places whatsoever. 37. And be it further enacted That the said Company at any general General meet- or special meeting to be called for that purpose or any adjournment Ji^§g™J„™gj'^f. thereof respectively shall have fuU power to make such call or calls for bers. money from the several persons who shall hereafter become proprietors of or subscribers for any share or shares beyond the said sums already subscribed so that no one such call shall exceed the sum of one pound for or in respect of any one share and so that no call or calls be made but at the distance of one calendar month at least from another and the sum or several sums of money so to be called for shall be paid into the hands of the treasurer or treasurers to the said Company and shall be paid at such time and place as shall be appointed at such general meeting of which time and place ten days' notice at least shall be given. 38. And be it further enacted That if any such proprietor or sub- Proprietors not seriber of or to the said undertaking his her or their executors adminis- P„^senpt?ons''to trators successors or assigns shall neglect or refuse to pay his her or forfeit their in- their portion of the money to be called for by any general or special ^oWeraf *"^' meeting as aforesaid by the time appointed for payment thereof or within twenty-one days next after then and in such case such pro- prietor or subscriber so neglecting or refusing shall (whether the same shall have been then sued for in any court of law or equity or not) absolutely forfeit all his her or their share and interest in the said undertaking and all money theretofore advanced by him her or them on account thereof to and for the use and benefit of the said Company unless otherwise determined by a special general meeting and all shares which shall and may be so forfeited shall be sold at a public sale to the highest bidder and the produce thereof except as hereinafter provided shall be added to the capital or joint stock of the said Company Pro- if purchase vided always that no advantage shall be taken of such forfeiture until SaJ^be^more'^^ after fourteen days notice in writing shall have been given l^y the J^™ sufficient chairman of the said Company or three of the directors thereof to the surplus to be proprietor or proprietors thereof or left at his her or their usual or last p^^^^ *he place of abode if they shall reside within the limits of this Act and if not then by letter sent by post and every such forfeiture shall be an 46 AIJSTEALIAN aAS-LIQ-HT COMPANY. 8 Wm. IV. absolute indemnification and discharge to and for the proprietor or proprietors and their executors administrators successors and assigns so forfeiting against all actions suits and prosecutions for or on account of not paying up such calls Provided also that in case the money pro- duced by the sale of any share or shares shall be more than sufficient to pay all such arrears of call as aforesaid and lawful interest thereon with the expenses attending such sale or sales the surplus of such money shall be paid on demand to the person or persons to whom such share or shares shall have belonged but the said Company shall not sell or transfer or direct to be sold or transferred any more of such shares of such defaulter or defaulters than shall be sufficient as near as may be at the time of such sale to pay the arrears due from such defaulter or defaulters for or on account of such call or calls and the interest and expenses attending the same and from and after the payment of all such calls and the interest and expenses as aforesaid any share or shares so vested in such defaulter as aforesaid which shall remain in their hands unsold shall revert to and again become the property of the person or persons or his her or their executors or administrators to whom such share or shares shall have belonged immediately before any such forfeiture as aforesaid in such manner as if such calls had been duly and regularly paid. 39. And be it further enacted That it shall be lawful for the said several proprietors their executors administrators successors and assigns to sell and transfer any share or shares of which they shall respectively be possessed and every such transfer shall or may be in the form or to the efEect following (that is to say) — " I (or we) of in consideration of £ paid to me (or us) by do hereby bargain sell assign and transfer to the said share (or shares as the case may be) in the Australian G-as-light Company number (or numbers) in the said undertaking to hold to the said his executors administrators and assigns subject to the same rules orders and restrictions and on the same conditions as I (or we) hold the same share (or shares) immediately before the execution thereof and I (or we) the said do hereby agree to take and accept the said share (or shares) subject to the said rules orders restrictions and conditions As witness our hands and seals this day of in the year of our Lord ." and every such transfer shall be produced to the clerk of the said Com- pany and shall be registered by him in the books of the said Company for which the sum of two shillings and sixpence shall be paid by the person requiring such transfer to such clerk and no more and the registry thereof shall specify the dates names of the parties and the number of the shares transferred and a copy of such register signed by the said clerk shall be sufficient evidence of such transfer and be named and admitted as such and until such ti-ansfer shall be registered in the books of the said Company no purchaser or purchasers of any share or his her or their executors administrators or assigns shall be deemed a proprietor or have any part of the profit of the said undertaking or the advantages thereof nor shall receive any interest or dividends for or in respect of such share or shares so purchased nor be entitled to Power enabling any person to sell his share. Form of transfer. Transfer to be registered. ATTSTEALIAN" GAS-LIGHT COMPANY. 47 vote at any meeting or meetings as a proprietor or proprietors of tlie 8 Wm. IV. said undertaking in respect of such, share or shares. 40. Provided also and be it further enacted That after any call for No share to be money shall have been made by virtue of this Act no proprietor or without the proprietors shall sell or transfer any share or shares which he she or pon?y called for they shall possess in the said undertaking after the day appointed for payment of the said call until the money so called for in respect of his her or their share or shares intended to be sold shall be paid and until such money so called for shall be paid every such sale or transfer shall be void and all and every proprietor or proprietors making default herein shall forfeit such his her or their shares in the said undertaking to and for the benefit of the said Company unless he she or they shall at the time of such sale and transfer pay to the treasurer of the said Company the full sum of money so called for upon every share so to be sold or transferred. 41. And whereas by reason of death insolvency or bankruptcy or Ft ascertaining by the absence from this Colony of the proprietors or by the transfer siifp'of'^hares in of their his or her' right or interest to some other person without any certain cases, registry being made thereof with the clerk of the said Company it may not be in the power of the said Company to know who is or are the proprietor or proprietors of such share or shares Be it therefore further enacted That in all cases where the right to one or more share or shares in the said undertaking shall pass from the original sub- scriber or subscribers thereof to any person or persons by any other legal means than by a transfer thereof in the manner hereinbefore specified an af&davit shall be made and sworn to before a Commissioner of the Supreme Court of New South "Wales or any one of His Majesty's Justices of the Peace for the said Colony stating the manner in which such share or shares have or hath passed to such person or persons his her or their executors administrators successors or assigns and such affidavit shall be delivered to the clerk of the said Company to the intent that he may enter and register the name or names of every such other proprietor or proprietors in the register book of the said Company. 42. And be it further enacted That the said Company at any general ^"5°^™'^ *° '"' assembly or meeting specially called for the purpose shall have full power from time to time to call for and examine all or any of the accounts of the said Company and at every annual general assembly or meeting or some adjournment thereof a dividend or dividends shall be made out of the interest profits or advantages of the said undertaking (unless such meeting shall declare otherwise) and such dividend or dividends shall be at and after the rate of such a sum per centum upon or for every share in the said undertaking as such meeting or meetings shall think fit to order and determine but no dividend shall be made whereby the capital of the said Company shall be reduced nor shall any dividend be paid in respect of any share or shares until all calls for money then made in respect thereof by virture of this Act shall have been paid. 43. And be it further enacted That it shall be lawful for the said Power to^^^^^^ Company and they are hereby empowered from time to time to contract purchase of lands and agree for the absolute purchase of such buildings works mains an^ buildings, pipes and apparatus lands tenements and hereditaments as they may think requisite for any of the purposes of this Act not exceeding in the whole at any one time any greater quantity of land than two 48 AUSTEALIAN GAS-LIGHT COMPANY. 8 Wm. IV. statute acres and also to sell and dispose of such buildings works mains pipes and apparatus lands tenements and hereditaments as they shall think proper and to purchase and hold other lands tenements and hereditaments as they shall think proper not exceeding the quantity aforesaid. Contract to be 44,. And he it further enacted That it shall be lawful to and for all conveylM°e"or tenants f or life and in fee tail general or special for any term or terms of enrolment. years absolute or determinable on any life or lives and all feoffees in trust executors administrators husbands guardians committees for lunatics and idiots and all other trustees whomsoever not only for and on behalf of themselves and their heirs but also for and on behalf of their cestuique trusts respectively whether infants or issue unborn lunatics idiots oTfemmes covert and to and for all other persons whomsoever who are or shall be seized possessed of or interested in any buildings lands tenements ground rents or hereditaments or any part thereof which shall be thought necessary by the said Company to be purchased for the uses and purposes of this Act to contract and agree with the said Company for the sale thereof or any part thereof and to sell and convey all or any part thereof to the said Company for the purposes of this Act and all contracts bargains sales and conveyances which shall be made by virtue of this Act shall without any other assurances in the law whatsoever and without enrolment be good valid and effectual to all intents and purposes. Upon payment 45. And be it further enacted That upon payment of the money so money lands &o. Contracted or agreed to be paid for the purchase of such lands tene- to ve9t in Com- jjjgjits and hereditaments by the said Company or the party or parties purposes of this person or persons respectively entitled to such money or their agents ■*'''• and upon conveyance in manner herein directed of such lands tene- ments and hereditaments all the estate right title interest use trust property claim and demand in law or in equity of the party or parties and person or persons respectively to whom or for whose use the same shall be paid in to or out of such lands tenements and hereditaments shall vest in the trustees of the said Company and their successors for ever for the purposes of this Act. 46. Andbe it further enacted Thatall sales conveyances and assurances of any lands tenements and hereditaments to be made to the said Company of proprietors and their successors shall be made in the form or to the efEect following (that is to say) — consideration of the sum of paid to me (or to us) by the Company of proprietors established under or by virtue of an Act passed in the eighth year of the reign of King William the Fourth intituled (here insert the title of this Act) do hereby grant and release (or assign as the case may he) to the said Company of proprietors and their successors all (here describe the premises to he conveyed) and all my (or our) right title and interest in and to the same and every part thereof to hold to the said Company of proprietors and their successors and assigns for ever (or as the case may he) during all the remainder of my (or our) term estate or interest in the said premises In witness whereof I (or we) have hereunto set my hand and seal (or our hands and seals) this _ day of in the year of our Lord one thousand eight hundred and ," AtrSTEALIAN GAS-LI&HT COMPANY. 49 47. And be it further enacted That it shall be lawful for the said 8 VVm. IV. Company to sell and dispose of and by indenture or indentures under As to re-saie of the seal and signature of the directors of the said Company or a Jj'anted°' majority of them to grant and convey bv way of absolute sale in fee- simple for a consideration in money all or any part or parts of the said lands tenements and hereditaments which have been so purchased and which shall not be wanted for the purposes of this Act and upon pay- ment of the money which shall arise by or from the sale or sales of such lands tenements and hereditaments or of any part or parts thereof it shall be lawful for the treasurer for the time being to the said Com- pany to sign or give a receipt or receipts for the money for which the same shall be sold which receipt or receipts shall be a sufficient discharge or sufficient discharges to any person or persons for the money therein and thereby expressed or acknowledged to be received and such person or persons having hondfide paid the same shall not afterwards be answerable or accountable for any loss or non-application of such purchase money or any part thereof. 48. And be it further enacted That it shall be lawful for the said '^™^^^^^"^^^ Company and they are hereby fully authorized and empowered subject break up the soil to the provisions and restrictions hereinafter mentioned by their ^"gt^eets &o"'^ servants agents workmen and others from time to time to make erect sink lay place and fix such retorts gasometers receivers buildings cisterns engines machines cuts drains sewers watercourses pipes reser- voirs and other works and devices of such construction and in such manner as the said Company shall think necessary or proper for the purpose of carrying the purposes of this Act into execution and also subject to the provisions and clauses hereinafter mentioned to break up the soil and pavements of any streets highways roads ways lanes passages and other public places or any part of them or either of them and to erect posts pillars pilasters lamp-irons lamps and other appa- Erect lamps, ratus in the same streets highways roads ways lanes passages and other public places or any of them against any wall or walls erected on or adjoining to them or any of them and to dig and sink trenches and drains and to lay mains and pipes and put stop-cocks syphons plugs or Lay pipes, branches from such pipes in under across and along such places streets ways lanes or public passages and also with such consent as hereinafter mentioned in under across and along any private ways buildings passages grounds and other places in such manner as shall be necessary for the purpose of carrying this Act into execution or supplying any such lights as aforesaid and from time to time to alter the position of and to repair relay and maintain such pipes And alter them stop-cocks syphons and plugs or branches or other necessary apparatus from any main or pipe laid in any street road highway lane passage or public or private place by the said Company by virtue of this Act into or through any dwelling-house or houses manufactories public or private buildings or grounds for the purpose of lighting the same or any other public or private lamp or lamps from any of such mains or pipes and to erect and set up any machine or other appa- To erect appa- ratus necessary or requisite for securing to any dwelling-house or '*'''" *"• houses manufactories public or private buildings a proper and com- petent supply of gas or for measuring and ascertaining the extent of such supply and also to ' alter or amend any bad or imperfect work which shall have been placed or which shall be injured or damaged in such dwelling-house or houses manufactories public or private buildings and to do all such other acts matters and things as the said Company 50 AUSTEALIAN aAS-LIGHT COMPANY. 8 Wm. IV, stall from time to time think necessary and convenient for completing amending repairing improving supplying and using tlie_ same and for carrying into effect the purposes and meaning of this Act pro- vided a proper compensation be made for any damage done thereby But not to enter Provided nevertheless that nothing herein contained shall authorize grmnd^ mthout and empower the said Company to make erect sink place or fix any consent. gasometer or other apparatus used for the purpose of producing any such inflammable air or gas as aforesaid within the present limits of the town of Sydney or to carry or lay any pipe or pipes cocks or branches from any main or pipe into or against any dwelling-house or dwelling-houses manufactories public or private buildings as afore- said or to continue the same without the consent of the owner and owners occupier and occupiers for the time being of every such house manufactory or private building as aforesaid nor shall anything herein contained authorize or empower the said Company to carry or lay any pipe or pipes or to dig or sink trenches or drains or to lay mains through any dwelling-house or houses manufactories or private build- ings or grounds for the purpose of conveying gas to any house or houses manufactories shops warehouses buildings or other place or places than that or those through which such main or mains pipe or pipes trenches or drains shall be laid or made without the previous consent of the owners and occupiers of every such dwelling-house or houses manufactory or private buildings or grounds through which the same may be carried or laid for the purpose of lighting such other dwelling-house or houses manufactory buildings place or places Provided also that nothing herein contained shall be deemed to authorize or empower the said Company to lay any main pipe or main pipes in under across or along any such places streets ways lanes or public passages except with the consent in writing of the surveyor of the town of Sydney for the time being and except in such situation line or direction as shall be fixed and determined by such surveyor with the approval of the Governor and any such main pipe or main pipes which shaU be laid contrary to the provisions hereof shall be immediately altered or abated by the said surveyor at the expense of the said Company to be recovered in manner hereinafter mentioned and the said Company in addition to such expense shall in every such case forfeit and pay the sum of forty shillings for every yard of such main pipe so laid to be recovered and applied in like manner as any penalty inflicted by this Act not specially provided for is to be recovered, (o) 49. And be it further enacted That it shall be lawful for the said Company to contract with the commissioners trustees surveyors or persons having control direction or management of the highways or any of them within the Hmits of this Act for supplying the same with gas and also to contract with any person or persons for supplying with gas any such person or persons or any streets ways lanes or passages manufactories shops warehouses public or private houses or buildings belonging to them or in which they or any of them are interested or over which they or any of them have the direction or control and also to contract with any person or persons whomsoever for lighting or supplying with gas any shops manufactories ware- houses public or private buildings or places whatsoever within the limits of this Act in such manner and under such stipulation as (ffi) Vide Bection 13 of the Australian Gas-light Company's Act of 1839, 3 Vic. Power for the Company to contract (or lighting ot streets and houses. AUSTEALIAN GAS-LiaHT COMPANY. 51 the said Company stall think proper consistent with the powers and 8 Wm. IV authorities hereby granted. 60. And be it further enacted That it shall be lawful for the said Company may Company and they are hereby fully authorized and empowered (subject conmmniStion to the regulations herein contained) from time to time to carry fit-up from main pipes. and furnish any pipe or pipes cocks or branches or other necessary apparatus from any main pipe or main pipes in any road street way lane or other public passage or place laid by or belonging to the said Company ia or through any dwelling-house or houses manufactories public or private buildings for the purpose of lighting the same or any public or private lamp from any such main pipe or main pipes with the consent of the owner and occupier of such dwelling-house or houses manufactories public or private buildiugs. 51. Provided always and be it further enacted That in all cases Company to re- (where it is not otherwise stipulated and agreed) the said Company ™^nte'quit'&™ shall at their own expense on the expiration or determination of the required, tenancy or tenancies of any occupier or occupiers so giving consent as aforesaid or within ten days after the expiration or determination of such tenancy or tenancies upon receiving fourteen days notice in writing for that purpose for or on behalf of the owner or owners or succeeding occupier or occupiers of any such dwelling-house or houses manufactories public or private buildings as aforesaid remove take and carry away or cause to be removed taken and carried away any pipe or pipes cocks or branches from any main pipe or main pipes which shall have been introduced or laid by the said Company in such dwelliag- house or houses manufactories public or private buildings as aforesaid pursuant to the power for that purpose hereinbefore contained and repair and make good such dwelling-house or houses manufactories public or private buildings where the same shall have been so intro- duced anything herein contained to the contrary thereof in anywise notwithstanding and in default thereof it shall be lawful for such owner or owners or such new occupier or occupiers as the case may require to cause such pipes cocks or branches to be removed taken and carried away and the dwelling-house or houses manufactories public or private buildings where the same shall have been introduced to be repaired and make good the reasonable costs and charges attending which shall be immediately paid by the said Company for the time being to such owner or owners occupier or occupiers as the case may require and if the same costs and charges be not paid within twenty-eight days next after the demand shall be made by such owner or owners occupier or occupiers (proof of such demand being made by the oath of one credible witness before one or more of the Justice or Justices of the Peace for the said Colony) such costs and charges may be levied and recovered by distress and sale of the goods and chattels of the said Company together with the costs and charges of such distress and sale by warrant under the hand and seal or hands and seals of one or more Justice or Justices of the Peace for the said Colony and which warrant such Justice or Justices is and are hereby empowered to grant. 52. And be it further enacted That it shall not be lav^ful for the Restriction as said Company to break up or disturb the pavement or ground in any ^ payments'' way road street lane or other public place or passage for the purpose roads &o. of laying down any main pipe or main pipes without the consent in' writing of the town surveyor commissioners surveyors trustees or other persons having the control of such pavement ground road street way 52 AUSTEALIAN GAS-LIGHT COMPANY. 8 Wm. IV. lane or otlier public passage or place respectively first obtained but nothing in this Act contained shall be deemed or construed to prevent the said Company fi-om laying down repairing or altering such main pipes (after such consent as aforesaid) or from opening taking up or removing any of the ground stones soil or pavement or otherwise in or of any road street way lane or other public passage or place what- soever for the laying down repairing or altering of any such pipes or of any apparatus leading from such main pipes after such consent as aforesaid, (a) Notice to be 53. And be it further enacted That (after such consent as aforesaid) fugVpave-'''' it shall not be lawful for the said Company to break or take up or dis- luents roads &c. turb any of the pavements or ground in any road street way lane or other public passage or place for the purpose of laying down or re- pairing any main pipe or pipes or of altering the position of any such main pipe or pipes unless notice in writing of their intention to break or take up such pavement or ground signed by the clerk of the said Company specifying the road street way lane or other public passage or place and the particular part thereof intended to be broken or taken up shall have been given to the said surveyor of the town of Sydney or shall have been left for him at his public office for the space of three days at least before such pavement or ground or any part thereof shall be so broken or taken up except in cases of sudden great emergency when such notice shall be given as soon as possible after such pavement or ground or any part thereof shall be broken or taken up and if the said Company shall break or take up or disturb or cause to bo broksu talcen up or disturbed any such pavements or ground without such consent as aforesaid and without such notice being given or left as aforesaid (except as aforesaid) or shall break or take up or disturb any such pavement or ground for the purpose of laying down any main or mains without such consent as aforesaid then and in every such case the said Company shall forfeit and pay to the said town surveyor or other persons having the control of the pavements or road ground or soil which shall be so broken or taken up or disturbed the sum of forty shillings for every sq[uare yard of pavement or ground which shall be so broken or taken up Avithout such notice as aforesaid (except as aforesaid) to be recovered and levied in such manner as other penalties and forfeitures by this Act imposed are directed to be recovered and levied to be paid over by him or them to the Colonial Treasurer for the time being for the uses of the Government of New South "Wales. Company to 51. And be it further enacted That when and as often as the said or'roadsbroken*^ Company shall have lawfully broken up or removed the stones ground up. soil or pavement in or of any road street way lane or other public passage or place or any part thereof the said Company shall and they are hereby required immediately thereafter to reinstate and make good such ground soil or pavement to the satisfaction of the commissioners surveyor or trustees or other person or persons having the control direction or superintendence of such pavement soil or ground An.i to remove respectively and the said Company shall carry or cause to be carried away all surplus earth filth and rubbish occasioned thereby at their own. costs and charges and during the time that such works are carrying on (a) As to this section, and sections 57, 58, 59, 65, 67, and twelve following sections, wJe section 5 of the Australian Gas-light Company's Act of 1858, 22 Vic. all rubbish &c. AUSTEALIAN GAS-LIGHT COMPANY. 53 and until sucli ground soil or pavement is reinstated as aforesaid the 8 \Vm. IV. said Company sliall provide necessary lights at night and otherwise until pavements guard the said works so as to prevent any damage or inconvenience *^°- ^^ ''^''"'^ happening to passengers cattle or carriages and in case the said Company provide shall make default in reinstating such ground soil or pavement as afore- ^^"^^^'"^i' '^ '^ said or removing any rubbish occasioned thereby or in placing and setting up such lights at night and otherwise guarding the said works so as to prevent accidents to passengers cattle and carriages then and in every such case it shall be lawful for the said surveyor commissioners or trustees or other persons having such control direction or superin- tendence as aforesaid to reinstate such ground soil and pavement and carry away all rubbish occasioned thereby and during the time that such works are carried on to provide necessary lights at night and the expenses thereof shall be repaid by the said Company to the person or parties so reinstating the game and in default of payment thereof within twenty-eight days next after demand thereof in writing shall have been made for and on behalf of such surveyor of the town of Sydney or other persons as aforesaid (proof being made thereof by the oath of one credible witness before one or more Justice or Justices of the Peace) all such sum or sums of money so paid together with any sum not exceeding twenty shillings by way of penalty shall and may be levied and recovered for the use of such person or party by distress and sale of the goods and chattels of the said Company together with the charges of such distress and sale by warrant under the hand and seal or hands and seals of any such Justice or Justices who is and are hereby empowered to grant the same. 55. And be it further enacted That if it shall at any time or times Power to alter be deemed necessary or expedient by the surveyor of the town of ^^^^^' Sydney or other person or persons having the control direction or superintendence of the said roads streets ways lanes and other public passages and places respectively to require the said Company to raise or sink or otherwise alter the situation of any of the main pipes stop- cocks plugs or branches which shall be laid down for the purposes aforesaid or to alter the situation line or direction of any main pipe which shall have been laid contrary to any of the provisions hereof the said Company shall at their own expense within ten days next after being so required to do by notice in writing to them given by the said surveyor or other person or persons aforesaid raise or sink or alter the situation line or direction of such main pipes stop-cocks plugs or branches according to such notice and in default thereof it shall be lawful for the said town surveyor or other person or persons aforesaid to cause such main pipes cocks plugs or branches to be raised or sunk or the situation line or direction of such main pipe to be altered as the case may require and the reasonable costs and charges of doing the same shall immediately thereafter be paid by the said Company and if the same be not paid within twenty-eight days next after demand shall be made by the said town surveyor or other person or persons afore- said by writing left at the office of the said Company proof of such demand being made by oath of one credible witness or before one or more Justice or Justices of the Peace aU such reasonable costs and charges shall and may be levied and recovered by distress and sale of the goods and chattels of the said Company together with the charges of such distress and sale by warrant under the hand and seal or hands and seals of such Justice or Justices which warrant such Justice or Justices is and are hereby empowered to grant and such costs and 54 AUSTEALIAN GAS-LIGHT COMPANY. 8 Wm. IV. charges shall be paid to the said surveyor or other person or persons aforesaid. Damages to be 56. Provided always and be it further enacted That if by the raising ma e goo . gjnking or altering any of the said main pipes cocks syphons plugs or branches any damage or injury shall be vrilfuUy or negligently done to the same by the said town surveyor or his servants or such other person or persons aforesaid then and in such case such damage or injury shall be made good to the said Company as soon as circumstances will permit and the costs charges and expenses thereof shall be 'made good to them on demand by the said town surveyor or other person or persons aforesaid and recovered in the same manner as any penalty hereby inflicted not specially provided for is to be recovered. No pipes of com- 57. And be it further enacted That no person shall lay any pipe to laiTShout'the communicate with any pipe belonging to the said Company without the consent of the consent in writing first had and obtained of the secretary or surveyor ompany. ^^ ^j^^ ^^^^ Company or other person duly authorized for such purpose by the said Company nor use burners of larger dimensions or in any other manner than he she or they shall contract to pay for or supply any inhabitant or other person with any part of such gas on pain of forfeiting and paying to the said Company the sum of forty shillings per day for every day such pipe shall so remain or such excess be com- mitted or such supply furnished to be recovered by distress and sale of the offenders' goods and chattels by warrant under the hand and seal or hands and seals of any Justice or Justices of the Peace of the said Colony and which warrant such Justice or Justices is and are hereby empowered and required to grant and the surplus after such forfeiture and the charges of such distress and sale are deducted shall be returned upon demand to the owner of such goods and chattels, {a) Damaging pipes 58. And be it further enacted That if any person or persons shall wilfully maliciously or negligently do or commit or cause to be done or committed any injury or damage to any of the mains or service pipes of the said Company either by removing or disturbing the ground or soil whereon or wherein the same is laid or placed or by the compression or subsequently settling or lowering of the same at any time or times afterwards or by any other means whatsoever or if any person or persons whomsoever shall wilfully and maliciously remove destroy damage or injure any or any part of any pipe post plug lamp or other apparatus matter or thing belonging to the said Company or shall wilfully or maliciously waste or improperly use any of the inflammable air or gas supplied by the said Company or shall alter exchange or remove the burners from the pipes of supply every person so offending in any of the respective premises and being thereof lawfully convicted on the oath of one credible witness before one or more Justice or Justices for the said Colony shall for every separate act or ofEence forfeit and pay to the said Company any sum not exceeding five pounds and three times the amount of damages to be done as the same shall be ascertained by such Justice or Justices such penalty and damages together with reasonable costs to be levied by distress and sale of the goods and chattels of such offender returning the overplus (if any) to the owner of such goods and chattels or such offender shall or may be committed to the common gaol or house of correction of Sydney aforesaid for any time not exceeding three [a) Vide note to section 52, ante. ATJSTEALIAN GAS-LIGHT COMPANY. 55 calendar montlis at the discretion of the Justice or Justices hefore 8 Wm. IY. whom such offender shall be convicted or until such forfeiture damages and costs shall be paid, (a) 59. And be it further enacted That if any person or persons shall Satisfaction for carelessly or accidentally break destroy throw down damage or injure damage*to lamps any lamp or lamps hung out set up or belonging to the said Company &o. or by any person or persons at his her or their private expense or any part of any pipe pillar pedestal lamp-post lamp-iron plug or other apparatus matter or thing set up by or belonging to the said Company or belonging to any person or persons and set up by him her or them at his her or their private expense or carelessly or accidentally waste any of the inflammable air or gas supplied by the said Company or teep the light or lights burning for a longer time than he she or they shall contract to pay for and shall not upon any demand by the said company or their said committee of management or their clerk or superintendent or other person or persons authorized by them make satisfaction for the damage done for the excess of gas so wasted or used or keeping the lights burning longer than they shall have con- tracted for as aforesaid then and in every such case it shall and may be lawful to and for any one or more Justice or Justices of the Peace for the said Colony and he or they is and are hereby empowered and required upon complaint to him or them made to summon before him or them the party or parties against whom such complaint shall be preferred and upon hearing the allegations and proofs on both sides or on non-appearance of the party or parties so complained against to proceed ex parte and to award such sum or sums of money by way of satisfaction to the said Company or to such other person or persons (as the case may require) in such damage or excess or waste as such Justice or Justices shall think reasonable not exceeding the sum of ten pounds and in case of neglect or refusal to pay any sum or sums so awarded within five days after demand it shall and may be laA'S'ful to and for such Justice or Justices and he and they is and are hereby required to cause the same to be raised and levied in such and the like manner as any iine penalty or forfeiture is by this Act directed to be raised and levied, (a) 60. And be it further enacted That in aU cases where it shall be For the unavoidably necessary to lay the pipes of the said Australian Gas- ^™e^r°p^°^' light Company across any of the pipes of any Company of proprietors or other person or persons for the conveyance of water the said pipes of the said Australian Gas-light Company shall be laid over and above such water pipes at the greatest practicable distance therefrom and shall form therewith as near as possible a right angle and in such cases the pipes of the said Australian Gas-light Company so crossing the pipes of any Company of proprietors or other person or persons for the conveyance of water should be at least six feet in length so that no joint of any of the said pipes of the said Australian Gas-light Company shall be nearer to any part of the pipes of any Comjpany of proprietors or other person or persons for the conveyance of water than three feet at least and in laying down the said pipes the said Australian Gas-light Company shall in no case join two or more gas pipes together previous to their being laid in the trench but shall lay each pipe as near as may be in its place in the trench and shall in such (a) Vide note to section 52, ante. 56 ArSTEALIAN GAS-LIGHT COMPANY. 8 Wm. IV trench form the jointing with the other pipes to be added thereto with proper and sufficient materials and shall also make and keep all and every such pipe and pipes connected or communicating therewith and all the screws joints inlets apertures or openings therein respectively- air-tight and in every respect prevent the gas from escaping therefrom upon pain of forfeiting for any such offence if the said Company shall neglect or refuse to make such gas-pipes air-tight within twenty-four hours after notice thereof given to them in writing the sum of ten pounds to be recovered and applied in like manner as any penalty hereby inflicted not specially provided for is to be recovered and applied. For preventing 61. And be it further enacted That when any gas shall be found to theescapeofgas. gg^g^pg f^^jj^ ^jjy ^f ^jjg p^pgg ^hi(.ii shall be laid down in any market street square lane public passage or place within the said town of Sydney the said Company or the person or persons being the owner or owners of such pipe or pipes so laying down or causing the same to be laid down in any such market street square lane public passage or place shall immediately after notice given to them or him by parol or in writing of any such escape of gas from any inhabitant or inhabitants of the said town of Sydney cause the most speedy and effectual measures to be taken to stop and prevent such gas from escaping and in case the said Company or such person or persons as aforesaid shall not within twenty-fonr hours next after such notice given effectually stop and prevent any future escape and wholly and satisfactorily remove the cause of complaint then and in every such case the said Company or person or persons as aforesaid shall for every such offence forfeit and jiay any sum not exceeding five pounds for each day after the expiration of twenty-four hours from the time of giving any such notice during which the gas shall be suffered to escape as aforesaid which penalty or penalties shall from time to time be recoverable in a summary way on the oath of one or more credible witness or witnesses by information to be laid before some one or more Justice or Justices of the Peace and shall and may be recoverable and levied with all reasonable charges by distress and sale of the goods and chattels of the treasurer of the said Company or of the goods and chattels of the person or persons so contracting to light as aforesaid. Gag Company to 62. And be it further enacted That whenever the water at present contamination or which may hereafter be supplied by the Government for the use of of water. the town of Sydney or the water of the owner or Company of pro- prietors of any waterworks or of any other person or persons public or private serving the town of Sydney or any part thereof with water shall be contaminated or affected by the gas of the said Company such Company or other person or persons aforesaid shall forfeit and pay for every such offence a sum not exceeding twenty pounds to bo sued for and recovered as any penalty is hereby directed to be sued for and recovered and shall be applied to and for the use of the Government or owner or Company of proprietors of the water works affected thereby and in case any such water shall be contaminated or affected by gas in any way whatsoever then and in every such case and cases if the said Company or person or persons as aforesaid shall not within twenty-four hours next after notice thereof in writing signed by any person or persons consuming the said water to be left at the usual office or place of transacting business of the said Company or person or persons as afosesaid cause the most proper and effectual measures to be taken AUSTEALIAN GAS-LIGHT COMPANY. 57 effectually to stop and preyent gas from escaping from tteir works 8 Wm. IV. mains or pipes or contaminating or affecting such water as aforesaid and in case the said Company or person or persons as aforesaid shall not within twenty-four hours next after each and every such notice so left as aforesaid effectually stop and prevent gas from so escaping and wholly and satisfactorily remove the cause of every such complaint and prevent all and every such contamination whereof such notice shall be given as aforesaid then and in every such case the said Company or person or persons as aforesaid shall on each and every complaint whereof notice shall he given as aforesaid forfeit and pay to the Colonial Treasurer or to the treasurer for the time being or to any one of the directors for the time being or owner or proprietor of such water works for the use and benefit of the Government or of the same proprietors as the case may be over and above the before-mentioned penalty of twenty pounds to be recovered as aforesaid any sum not exceeding the sum of ten pounds for each and every day during which the said water shall be and remain contaminated tainted or affected by the gas of the said Company or person or persons as aforesaid and in default of pay- ment thereof as aforesaid such penalty or penalties shall and may be recovered by information to be exhibited on the oath of one credible witness by and in the name of the town surveyor or other authorized persons aforesaid or of one or more of the directors of any such water Company or of the owner or owners of such water works or the person or persons as aforesaid before any Justice of the Peace for the said Colony with costs to be assessed by such Justice and to be levied by distress and sale of the goods and chattels of the said Company or per- son or persons as aforesaid together with the charges of such distress and sale by warrant under the hand and seal of such Justice which warrant such Justice is hereby empowered to grant and such penalty or penalties and costs when so levied shall be paid to the Colonial Treasurer or to the treasurer or to one of the directors for the time being of the said Company or proprietor or proprietors of such water works or to such person or persons as aforesaid whose water shall be contaminated or affected by such gas. 63. And whereas it may be or become a question upon such com- power tor plaint as aforesaid whether the said water be contaminated or affected "^'T^''^"',^ by the gas of the said Company Be it therefore enacted That in every dig streets and such case it shall be lawful to and for the said town surveyor or other pfp™"(^Gas duly authorized person or persons or for the said Company of pro- Company, prietors or other person or persons as aforesaid so supplying water as aforesaid to dig to and about and search and examine the main pipes conduits and apparatus of the said Australian Gas-light Company for the purpose of ascertaining whether such contamination proceed or be occasioned by the gas of the said Company and if it shall appear that company to nay the said water has been contaminated by any escape of gas of the said the expense of Australian Gas-light Company the costs and expenses of the said dig- ^at™""''™'' ging search and examination and repair of the pavement of the street contaminated by or streets which shall be taken up and disturbed shall be borne and ^^"^^ ° ^'^• paid by the said Australian Gas-light Company which costs and ex- penses shall be ascertained and determined if necessary by such Justice as aforesaid and be recovered in like manner as any penalty may be J^™„*Jted'b The recovered by virtue of this Act Provided always that if upon such escape of eras the examination it shall appear that such contamination has not g]J| &",°4''bl' arisen from any such escape of gas from any of the mains pipes or paid ty the party conduits of the said Australian Gas-light Company then and in such ^arcSf 58 AUSTRALIAN G-AS-LIGHT COMPANY. 8 Wm. rv. case the town surveyor or otter authorized person or persons as afore- said or such Company of proprietors or such owner or owners of such water worts shall bear and pay all the expenses of such examination repair and search and also shall make good to the said Australian Gas- light Company any injury loss or damage which may be occasioned to the said main pipes conduits or apparatus of the said Australian Gas- light Company in and by such search and examination and also to the pavements of the streets so broken or disturbed in such search or exami- nation the amount of such injury loss or damage to be ascertained and determined (if necessary) by such Justice or Justices of the Peace as aforesaid and recoverable in like manner as any penalty may be re- covered by virtue of this Act. Penalty for con- 6Ji. And be it further enacted That if the said Company of proprie- rntoany^rver&o° *°-'-'® °-'-' person Or persons as aforesaid making furnishing or supplying any gas used burnt or consumed within the said town of Sydney shall at any time empty drain or convey or cause or suffer to be emptied drained or conveyed or to run or flow any washings or other waste liquids substances or things whatsoever which shall arise or be produced in the prosecution of any gas works or in the manufacture or process of making or procuring gas into any fresh water river brook or running stream reservoir canal aqueduct feeder pond spring-head or well or into any drain sewer or ditch communicating therewith or do or cause to be done any annoyance act or thing to the water contained in such river brook or running stream reservoir canal aqueduct water-way feeder pond or spring-head well drain sewer or ditch whereby the said water or any part thereof shall or may be soiled fouled or corrupted then and in every such case the said Company of proprietors or person or persons so offending shall forfeit and piay for every such offence the sum of one hundred pounds and such penalty or forfeiture shall and may be sued for and recovered together with full costs of suit in His Majesty's Supreme Court in New South "Wales by action of debt or on the case the whole whereof shall be paid to the person or persons who shall in- form or sue for the same Provided always that no such penalty or for- feiture shall be recoverable unless the same shall be sued for within three calendar months from the time that such annoyances nuisance injury damage act or thing shall have ceased and determined Provided also that over and above and in addition to the said penalty of one hundred pounds (and whether such penalty shall have been sued for or not) in case any of these washings or other waste liquids or noisome or offensive liquors substances or things shall be emptied drained con- ducted or conveyed or caused or suffered to run or flow in manner aforesaid into any fresh water river brook or running stream or any reservoir canal aqueduct water-way feeder pond spring-head or well or into any drain sewer or ditch communicating therewith or any such an- noyance act or thing shall be done or caused to be done as aforesaid and notice in writing shall have been given by any person or persons to whomthesameshallbelong or by any other person or persons whomsoever to the said Company of proprietors or person or persons as aforesaid and the said Company of proprietors or person or persons as aforesaid shall not within twenl^-four hours after such notice shall have been given to them or him as aforesaid stop hinder or prevent all and every such washings waste liquids or noisome or offensive liquids substances or things from being emptied drained conducted or conveyed or from running or flowing in manner aforesaid and every such other annoy- ance nuisance injury damage act or thing from being done as aforesaid AUSTRALIAN GAS-LI&HT COMPAISTT. 69 then and in every such case the said Company of proprietors or person 8 Wm. IV. or persons as aforesaid shall forfeit and pay the sum of ten pounds for each and every day such washings waste liquids substances or things shall be so drained conducted or conveyed or caused or suffered to run or ilow in manner aforesaid or such other annoyance act or thing shall be so done or caused to be done as aforesaid and such last-mentioned penalty shall and may be recovered and levied in such and the like manner as any other penalty or forfeiture is in and by this Act directed to be recovered and levied and shall be paid to the informer or to the person or persons who in the judgment of the Justice or Justices before whom the conviction shall take place shall have sustained any annoy- ance injury or damage by any act so done or committed. 65. And be it further enacted That in case any body or bodies Remedy for the commissioners trustees surveyors or any other person or persons who recovery of rents shaU. contract with the said Company or agree to take or shall use and enjoy the said gas either in their private dwellings shops inns taverns - or other buildings or manufactories grounds or premises or otherwise ; shall refuse or neglect for the space of twenty-one days after demand to pay the sum or sums of money then due under their his or her contract for the same to the said Company according to the terms and stipulations of the said respective parties with the said Company it shaU be lawful for the said Company or their clerk or any person or persons acting under their authority by warrant under the hand and seal of any such Justices as aforesaid which warrant such Justice is hereby required to grant upon confession or upon proof of such sum or sums of money being due to such Company and of demand having been made by the oath of one credible witness to levy the said sum or sums of money in respect whereof such refusal or neglect shall happen by distress and sale of the goods and chattels of the person or persons so neglecting or refusing to pay the same rendering the surplus (if any) to such person or persons so refusing or neglecting after the necessary charges of making such distress and sale shall be first deducted and it shall also be lawful for the said Company to cut off and take away the supply of gas from the house or houses inn tavern shop manufactory warehouse or other buildings premises or places of every such person so making default in payment of such sum or sums of money then due by his her or their contract to the said Company for the space of twenty-one days after such demand as aforesaid and thenceforth to discontinue the supply of gas contracted for with the said Company by such person or persons, (a) 66. And be it further enacted That the said Company shall and they Gas to afford a are hereby directed and required to supply public roads streets ways better Ught than lanes and other passages and places with gas of such quality as shall at all times afford a better light than could be obtained from oil lamps and whenever the said Company shall fail so to do the power and authority hereby given to them further to break up the soil or pave- ment of any such road street way lane or other public place or passage within the limits of this Act where such lamps shall be situated shaU from thenceforth during such failure cease and determine and every contract or agreement which shall be entered into for lighting with gas such public lamps by the said Company shall contain a clause or cove- nant providing that it shall be obligatory on the said Company that such public lamps shall at all times be better lighted by the said Company than can be done by oil lamps. (a) Vide note to section 52, supra. 60 AUSTEALIAN GAS-LIGHT COMPANY. 8 Wm. IV. Penalty for interrupting^ Company's workmen. Damages and charges in case of aispute to be settled by Justices. > In case of non- payment of com- pensation of damages &c. the same to be levied by distress of the goods of the Company. 67. And be it further enacted That if any person shall wantonly or maliciously hinder or interrupt the said Company or their respective agents workmen or servants or any of them in legally doing or per- forming any of the works or in exercise of any of the powers and authorities by this Act granted or shall in anywise cause or procure such interruption to take place and shall be thereof convicted before any such Justice or Justices as aforesaid either on evidence or on confession every such person so offending shall for every such offence forfeit and pay to the said Company such sum or sums of money as shall be adjudged by such Justice or Justices not exceeding fivepounds and also the full amount of the damage which shall be sustained by such hindrance or interruption And such sum or sums of money so adjudged shall be recovered in like manner as any penalty or forfeiture can or may by virtue of this Act be recovered or the said Company may at their own option sue for the damage sustained by them for such hindrance or interruption Provided always that nothing herein con- tained shall prevent the town surveyor of Sydney or other duly authorized person or persons from preventing the said Company from infringing on or interfering with the regulations of the Government for the improvement of the town of Sydney, (a) 68. And be it further enacted That where by this Act any damages or charges are directed or authorized to be paid or recovered in addition to any penalty or penalties for any offence or offences in this Act mentioned the amount of such damages or charges in case of dispute respecting the same shall be settled ascertained and determined by the Justice or Justices of the Peace by or before whom any offender shall be convicted of any such offence or offences and which Justice or Justices 'are hereby authorized and required on non-payment thereof to levy such damages or charges by distress and sale of the offenders goods and chattels in manner directed by this Act for the levying of any penalties or forfeitures, (a) 69. And be it further enacted That when and as often as any sum or sums of money shall be directed or ordered to be paid by any Justice or Justices of the Peace in pursuance of this Act as or by way of com- pensation or satisfaction for any materials or costs or for any damage spoil or injury of any nature or Icind whatsoever done or committed by the said Company or by any person or persons acting by or under their authority and such sum or sums of money as shall not be paid by the said Company to the party or parties entitled to receive the same within ten days after demand in writing shall have been made from the said Company or their treasurer in pursuance of the direction or order made by such Justice or Justices and in which demand the order of such Justice or Justices shall be stated then and in such cases the amount of such compensation or satisfaction shall and may be levied and recovered by action at law against the said Company or treasurer or by distress and sale of the goods and chattels vested in the said Company by virtue of this Act or of the goods and chattels of the treasurer for the time being under a warrant to be issued for that purpose by such Justice or Justices which warrant any such Justice or Justices is and are hereby authorized and required to grant under his hand and seal or their hands and seals on application made to him or them for that . purpose by the party or parties entitled to receive such sum or sums of money as or by way of compensation or satisfaction for any such mate- rials costs damages spoil or injury as aforesaid and in case any overplus (a) Vide note to section 52, ante. \ AUSTRALIAN GAS-LIGHT COMPANY. 61 sliall remain after payment of such sum or sums of money and the costs 8 Wm. IV. and expenses of hearing and determining the matter in dispute and also the costs and expenses of such distress and sale then and in such case such overplus shall be returned on demand to the said Company or to their treasurer for the time being as the case may be Provided always that it shall be lawful for such treasurer to retain out of any moneys which he shall have received or shall receive in pursuance of this Act all such damages costs charges and expenses as he shall have sustained or have been or be put unto by virtue of any such warrant as afore- said. («) 70. And be it further enacted That all fines penalties and forfeitures Eeoovery and ■for all and every offence in this Act mentioned or by any rule order or p^^aiHes™ °' by-law inflicted or imposed in relation to which the manner of con- victing the offender or offenders or applying the penalties is not par- ticularly mentioned or directed or which shall be inflicted or imposed by any rale order or by-law to be made under the authority of this Act shall in case of non-payment thereof be adjudged by and be __^ I recovered before any Justice or Justices of the Peace for the said ; Colony of New South "Wales in a summary way and any such Justice > of the Peace is hereby authorized and empowered to convict the offender or offenders upon information by the oath of any person or persons or on the confession of the party offending (which oath such Justice is hereby authorized to administer) and in default of payment of such forfeitures or penalties the same shall be levied by distress and sale of the offender's goods and chattels or of the goods and chattels of the said Company if they shall offend and be convicted as aforesaid of any offence in this Act mentioned by warrant under the hand and seal of such Justice and one moiety of the penalties and forfeitures when recovered after rendering the overplus (if any) on demand to the party or parties whose goods and chattels shall be so distrained (the reasonable charges of such distress and sale being first deducted) shall be paid to the informer and the other moiety thereof shall be paid to the Colonial Treasurer for the time being for the public uses of the said Colony and the support of the Government thereof and in case such sufficient distress cannot be found and such penalties and forfeitures shall not be forthwith paid upon such con- viction by any person or persons offending and convicted then it shall be lawful for such Justice to order the offender or offenders so con- victed to be detained in safe custody until return can be conveniently made to such warrant or warrants of distress unless the said offender or offenders shall give sufficient security to the satisfaction of such Justice for his her or their appearance before him on such day or days as shall be appointed for the return of such warrant or warrants of distress such day or days not being more than five days from the time of taking any such security and which security the said Justice is ' hereby empowered to take by way of recognizance or otherwise but if upon the return of such warrant or warrants it shaU. appear that no sufficient distress can be had thereupon or in case it shall appear to the satisfaction of any such Justice either by the confession of the '■ / offender or offenders or otherwise that he she or they hath or have not / sufficient goods and chattels whereon such penalties forfeitures fines costs and charges can be levied if a warrant of distress were issued ; such Justice shall not be required to issue such warrant of distress and thereupon it shall be lawful for any such Justice of the Peace and he (a) Vide note to section 52, ante. 62 AUSTEALIAN GAS-LIGHT COMPANY. 8 Wm. IV. Form of convictiou. is hereby authorized and required by warrant under bis hand and seal to commit such offender or ojlenders to the house of correction _ or common gaol for the said town of Sydney for any time not exceeding three months. («) 71. And for the more easy conviction of offenders against this Act be it further enacted That 'a conviction in the form or to the effect following shall be good without alleging more than the substance of the offence (that is to say) — day of For compellinj witnesses to attend. Persona giving false evidence ^be guilty of perjurj-. Appeal to the Quarter " TO WIT. Be it remembered that on the in the year of our Lord is (or are) convicted by me (or us) of His Majesty's Justices of the Peace for the said Colony of New South Wales by virtue of an Act passed in the year of the reign of His Majesty King William the Fourth intituled {here set forth the title of this Act) of having (specifying the offence and the time place when and where the same was committed) contrary to the said Act and for which I (or we) do adjudge the said to have forfeited the sum of pounds Given under my hand and seal (or our hands and seals) the day and year first above vsritten." (a) 72. And be it further enacted That if any person or persons who shall be summoned as a witness or witnesses to attend and give evidence before any Justice or Justices of the Peace touching any matter or fact contained in any information or complaint for any offence committed against this Act either on the part of the prosecutor or on behalf of the person or persons accused shall refuse or neglect to appear at the time and place to be for that purpose appointed after having been paid or tendered a reasonable sum for his her or their loss of time charges and expenses without a reasonable excuse for his her or their refusal or neglect or appearing shall refuse to be examined upon oath (or in case of a Quaker or Moravian on solemn affirmation) which oath such Justice or Justices is and are hereby authorized to administer and to give evidence before such Justice of the Peace then and in every of the said cases every such person shall forfeit and pay for every such offence any sum not exceeding five pounds to be recovered in like manner as any penalty imposed by this Act may be recovered, (a) 73. And be it further enacted That if any witness or witnesses who *° shall be examined by or before any Justice or Justices of the Peace under this Act upon oath shall wilfuUy and corruptly give false evidence and shall be thereof convicted he she or they so giving false evidence shall be subject to the same punishment as persons convicted of wilful and corrupt perjury, (a) 74. Provided always and be it further enacted That any person or persons whomsoever thinking himself herself or themselves aggrieved by the order or determimation of any Justice or Justices of the Peace in pursuance of this Act may appeal to the Justices of the Peace at any General or Quarter Sessions of the Peace to be holden for the said District of Sydney within four calendar months after the cause of appeal shall have arisen (the person or persons appealing having first (a) Vide note to section 52, ante. ArSTEALIAN G-AS-LIGHT COMPANY. 63 given at least twenty-one days notice in writing of sucL. appeal and the 8 Wm. IV. particular nature and matter thereof to the person or persons appealed agaiustand forthwith after such notice entering into arecognizancebef ore the convicting Justice of the Peace with two suiEcient sureties conditioned to try such appeal and to abide the order and award of the said Court thereon) and the said Justices upon due proof of such notice and recognizance having been given and entered into shall in a summary ^/ way hear and determine such complaint at such General or Quarter ^~ Sessions of the Peace or if they think proper may adjourn the hearing ' thereof to the next G-eneral or Quarter Sessions of the Peace to be held for the said district of Sydney and if they see cause may mitigate any i forfeiture or fine and may order any money to be returned which shall / have been levied in pursuance of such order rule by-law or determina- tion and shall and may also so award such further satisfaction to be made to the party injured or such costs to either of the parties as they . shall think reasonable and proper and all such determinations of the said Justices at such G-eneral or Quarter Sessions shall be binding final and conclusive upon all parties to all intents and purposes what- soever, (a) 75. And be it further enacted That no person or persons whomsoever Proceedings to shall be subject or liable to the payment of any of the penalties or caimdar" "^"^^ "^ forfeitures inflicted by virtue of this Act for any offence or offences montha. against this Act unless action shall have been brought or information respecting such offence or offences shall have been lodged before some Justice of the Peace within three calendar months next after such offence committed, (a) 76. And be it further enacted That in all cases wherein it may be Directing wiiat ... f. J i_- j_ shall be a ser\'ioe requisite or necessary for any person or persons or party or parties to of notices on the serve any summons or notice or notices upon the said Company or any Company. writ or writs or other proceedings at law or in equity the service thereof upon the secretary of the said Company or at any of the offices of the said Company or left at the last or usual place of abode of the secretary of the said Company and in case the residence of the said secretary be not known then service upon any agent or other officer employed by the said Company or upon any one of the said directors or left at his last or usual place of abode shall be deemed good and sufficient service of the same respectively on the said Company, (a) 77. And be it further enacted That no proceedings to be had and taken ^o'b?qu"g^gS°' j in pursuance of this Act shall be quashed or vacated for want of form for want of form '■ /. or be removed by certiorari o r any othex JErit or^ncfigss whatsogyer °g"?o™rt.'* ^^ into His Majesty's Supreme 0ourt of New South "Wales, (a) 78. And be it further enacted That when any distress shall be made Persons malting for any sum or sums of money to be levied under the authority of this uiariy^no"to'be Act on any order or by-law made in pursuance thereof the distress ^^^^^ X^^itio itself shall not be deemed unlawful nor shall the party or parties making the same be deemed a trespasser or trespassers on account of any defect or want of form in the information summons conviction warrant or distress or any other proceedings relating thereto nor shaL. the party or parties distraining be deemed a trespasser or trespassers {ab initio) on account of any subsequent irregularity which shall be afterwards done by the party or parties distraining but the person or persons aggrieved by such irregularity shall and may recover full satisfaction for the special damages in an action on the case, (a) (a) Vide note to section 52, ante. 64j AIJSTEALIAN &AS-LIGHT COMPANY. 8V/M. IV 79. .And be it further enacted That nothing herein contained shall Nothingin this extend or be construed to extend to prevent any persons from proceed- tte Company ' ™o against the said Company or against any of their oiEcers servants or being indicted workmen in respect of any works of the said Company or the method for a nuisance, ^ijjgjj ^-j^g^ ]jg employed by them for furnishing such light as aforesaid as a public or private nuisance or for bringing an action against any of the said Company or any of their officers or servants or workmen or any injury sustained by reason of any such works or method of lighting whether such injury shall proceed from the nature of such method of lighting or the carelessness or want of skill of the person or persons employed thereon, (a) Costs of obtain- 80. And be it further enacted That all the costs charges and expenses bTpaid before attending the applying for obtaining and passing this Act shall be paid au otiier claims and discharged by the said Company out of the moneys already sub- scribed or to be subscribed or to be received for the purpose of this Act in preference to all other payments whatsoever, ^ot to affect any gi. Provided always and be it further enacted That nothing in tioned herein, this Act contained shall be deemed to affect or apply to any right title or interest of His Majesty his heirs and successors or any body or bodies politic or corporate or of any other person or persons excepting such as are mentioned therein or of those claiming by or under him or them. Commencement: 82. And be it further enacted That this Act shall not commence or take eifect until the same shall have received the Eoyal approbation and the notification of such approbation shall have been made by His Excellency the Grovernor in the New South "Wales Grovernment Gazette. A public Act. 83. And be it further enacted That when and as soon as this Act shall have received the Eoyal approbation and the notification of such approbation shall have been made as aforesaid by His Excellency the Governor in the New South "Wales Government Gazette this Act shall be deemed and taken to be a public Act and shall be judicially taken notice of as such by the Judges of the Supreme Court of New South Wales and by all other Judges Justices and others within the Colony of New South Wales and its dependencies without being speciall^__ pleaded. •- ■■""" SCHEDULE EEEEEEED TO. Memobiai, of tlie name of the secretary of the Australian Gas-light Company to be recorded in tlje Supreme Court of New South Wales pursuant to an Act of the Governor and Council passed in the eighth year of the reign of His Majesty King William the Fourth intituled An Act for lighting with Gas the town of Sydney in the Colony of New South Wales and to enable certain persons associated under the name style and firm of the Australian Gas-lioht Company to sue and be sued in the name of the secri-tary for the time being of the said Company an4 for other pm-poses therein mentioned. A.B, Chairman. (I.K. Directors. •< L. M. (I.K. s. ] L. M. (n.o. of Sydney gentleman of the above- named Company maketh oath and saith that he was present and did see the foregomg memorial signed by the aboTe-named chairman and directors respectively whose names appear thereunto. Sworn this day ") of 188 .) (a) Vide note to section 52, ante. AUSTEALIAN GAS-LIGHT COMPANY. 65 An Act to amend an Act intituled An Act for ligMing 3 Viotobia. with Gas the Town of Sydney in the Colony of New South Wales and to enable certain persons asso- ciated under the name style and firm of the Aus- tralian Gas-light Company to sue and be sued in the name of the Secretary for the time being of the said Company and for other purposes therein mentioned. [18 September, 1839.] WHEEEAS by an Act of the Governor of New South Wales with Preamble, the advice of the Legislative Council thereof passed in the eighth year of the reign of His late Majesty King "William the Eourth intituled An Act for lighting with Gas the Town of Sydney in the 8 Wm. iv Colony of New South Wales and to enable certain persons associated n^ht'comijanv under the name style and firm of the Australian Gas-light Company Act. to sue and be sued in the name of the secretary for the time being of the said Company and for other purposes therein mentioned it was enacted that the several persons therein particularly mentioned or xeferred to and their respective successors executors administrators and assigns should be and were thereby united into a Company of proprietors by the name of the Australian Gas-light Company for certain purposes in the said Act mentioned and that the affairs of such Company should be under the care management and superin- tendence of twelve directors one of whom should be the chairman of the said Company which chairman and directors were to be elected in the manner thereinafter mentioned And whereas by the said Act it was further enacted that at every meeting under the said Act as weU of proprietors as directors one- of the said proprietors or directors as the case might be to be appointed by the majority of the proprietors or directors should be chairman And whereas it hath been found Repeal of so expedient that such last-mentioned enactment should be repealed and ^"datL^tothJ that a further provision should be made for the election of a chairman appointment of and a deputy chairman from amongst the twelve directors of the said chairman. Company in manner hereinafter mentioned Be it therefore enacted by His Excellency the Governor with the advice of the Legislative Council That so much of the said recited Act as relates to the appoint- ment of chairman by the said proprietors or directors at every meeting under the said Act shall from and immediately after the passing of this Act be and the same is hereby repealed. 2. And be it enacted That at the first meeting of directors which Power toappoint shall be held after the first general meeting and at every other general depu^^chab- annual meeting the directors present shall choose from amongst their "!»-"• numbers a chairman and a deputy chairman who shall continue in office till the following general annual meeting but it shall be lawful for the said directors to re-elect such chairman or deputy chairman for the time being or either of them if they the said directors shall think proper Provided always that when and so often as the chairman or 4^°^".*^^^ °' deputy chairman to be chosen by virtue of this Act shall die or resign or appoint othera. become disqualified or otherwise cease to be a director it shall be lawful 66 AIJSTEALIAN GAS-LIGHT COMPANY. 3 Victoria. Chairman and deputy chair- man &c. to act in the place of the chairman to be appointed under 8 W. IV. How notices to proprietors are to be given. for the directors in like manner at the meeting to be held next after such vacancy shall occur to choose some other of the said directors to he chairman or deputy chairman and every such chairman or deputy chairman so to be chosen as last aforesaid to fill such vacancy shall continue in his office so long only as the person in whose place or stead he may be so elected would have been entitled under the provisions of this Act to continue if such death resignation disqualifi- cation or cessation had not happened and at every meeting as well of the proprietors as of the directors the chairman or in his absence the deputy chairman or in the absence of both of them a director to be chosen by the members present shall preside and in case there shall be no director present at any meeting of proprietors then some other proprietor shall and may be chosen to preside at such meeting Provided always that the said chairman or deputy chairman or in the absence of both of them the director or other proprietor to be chosen for the time being as aforesaid shall act in the place or stead of the person who if this Act had not been passed would have been appointed chairman in pursuance of the said recited Act and such chairman deputy chairman or other director is hereby empowered to do and perform all acts deeds matters and things which such chairman appointed or who might have been appointed by virtue of the said Act is thereby authorized to do and perform in pursuance of the said Act. 3. And be it enacted That all notices which the said directors for the time being shall think necessary to be given to any of the proprietors in pursuance of this Act or of the said recited Act shall be in writing and be signed by the secretary or by the chairman for the time being and an advertisement thereof shall be inserted in the New South Wales Government Gazette and in one or more of the newspapers published in the said town of Sydney or a copy of such notice shall be sent by letter to each of the said proprietors through the Sydney post and such notices when so pubHshed or sent as afore- said shall notwithstanding anything in the said recited Act contained to the contrary thereof be deemed and considered as good and effectual notices as if the same had been personally or otherwise served upon such proprietors. How notices 4. And be it enacted That in all cases in which it may be necessary any corporation" ^or the said Company to give any notice to any corporation or to any &c. person whomsoever under the provisions or directions contained in the said recited Act such notice shall be in writing and be signed by the secretary or by the chairman for the time being and such notice shall be delivered to such person or to some inmate of the last or usual place of abode of such person or to some clerk or other officer of such corporation or be left at the office of such clerk or officer or be delivered to some inmate of the last or usual place of abode of such clerk or officer except in cases in which any other mode of giving such respective notices is by the said recited Act particularly directed. 5. And whereas in the said recited Act it is provided That if any projjrietor or subscriber of or to the said undertaking his her or their executors administrators successors or assigns should neglect or refuse to pay his her or their portion of the money to be called for by any general or special meeting as therein mentioned by the time appointed for payment thereof or within twenty-one days next after ATJSTEALIAlSr GAS-LIGHT COMPANY. 67 then and in such case such proprietor or subscriber so neglecting or 3 Victoeia. refusing should whether the same should have been then sued for in any court of law or equity or not absolutely forfeit his her or their share and interest in the said undertaking and all money theretofore advanced by him her or them on account thereof to and for the use and benefit of the said Company And in the said Act i« contained a power of selliag such forfeited shares in manner therein mentioned And whereas it is further enacted That no advantage should be taken of such forfeiture until after fourteen days notice in writing should have been given in manner therein particularly mentioned And whereas it hath been found necessary and expedient to alter the manner of giving such notice Be it therefore enacted That from and after the passing ^o advantage to of this Act no advantage shaU be taken of such forfeiture until after be taken of for- f ourteen days notice of any default as aforesaid shall have been given fourteen days by the directors for the time being in the manner hereinbefore pre- "°*''=^°f'^'=*™^*- scribed for giving notices to proprietors anything contained in the said recited Act to the contrary thereof notwithstanding. 6. And whereas in the said recited Act it is provided That in case the money produced by the sale of any forfeited share or shares should be more than sufficient to pay all arrears of call as therein mentioned and lawful interest thereon with the expenses attending such sale the surplus of such money should be paid on demand to the person or persons to whom such share or shares should have belonged and whereas it hath been found expedient to alter the rate of interest payable on the said arrears of call and it hath also been found just and expedient to provide for cases in which it may happen that the money produced by such sale shall be insufficient for the purpose of paying such arrears iaterest and expenses as aforesaid Be it therefore enacted That the interest payable interest payable on all arrears of call as aforesaid shall be paid and payable at and after the rate of interest established by law and that in case at any time or times hereafter the money to be produced by the sale or sales of any share or shares which shall or may become forfeited by virtue of the said Act shall be insufficient to pay all arrears which may become due by any proprietor or subscriber of or to the said undertaking his her or their executors administrators suc- cessors or assigns and interest thereon as aforesaid with the expenses Power to sue for attending such sale or sales it shall be lawful for the secretary of the amars^S the said Company to sue for and recover from him her or them all sum sale of forfeited and sums of money necessary to make up any such deficiency as afore- ^ ^'^^^' said by action of debt or otherwise in Her Majesty's Supreme Court of New South Wales or in any other Court of competent jurisdiction together with interest for the same after the rate aforesaid from such required or appointed time of payment and all costs of suit attending the same. 7. Provided also and be it enacted That all notices which in and by Notices to be the said recited Act are directed to be given to the surveyor of the firveyor may™ town of Sydney shall and lawfully may (in case there shall be no such S'^™ to "tiier \ 1 ■ _L ji 1. j; j.1. j_- competent per- surveyor) be given to any other person or persons who tor the time sons in case there being shall or may be invested with such or the like powers or autho- "'"'" rity which are or is vested in the said town surveyor or in case there shall be no such person or persons then such notices shall be given to such other person or jsersons who for the time being shall or may have the control direction or superintendence of the roads streets ways lanes and other public ways and places of the said town of Sydney or shall be no sur- veyor. 68 AIJSTEALIAN GAS-LI&HT COMPANY. Power for such competent per- sons to perform all acts &G. of surveyor. order to enable persons inter- ested in the affairs of the Company to give evidence in any action &c. 3 Victoria, of such part or parts thereof as shall be afBectedby any act of the said Company in respect of which any notice is required to be given by the said Act And- further that it shall and may be lawful for such last- mentioned person or persons who for the time being shall be invested with such powers or be possessed of such control direction or superin- tendence as aforesaid in case there shall be no surveyor of the said town of Sydney to do and perform all acts deeds matters and things which in and by the said Act are authorised or directed to be done and performed by the surveyor of the town of Sydney aforesaid as fully and effectually to all intents and purposes as such surveyor of the town of Sydney himself might or could do by virtue of the said Act. Power to the 8. And be it enacted That in all actions or suits at law or in equity SIfS?j*i' ?if° and in all proceedings under this Act or otherwise against or for or on releases &c. m -, t n i. -V -t r-* t i ■ n t t behalf of the said Company and also m all proceedings commenced or instituted by or on behalf of the said Company and in all arbitrations references or other proceedings in or consequent upon or arising out of any such actions suits or proceedings it shall be lawful for the secretary for the time being of the said Company for and on behalf of the said Company to make sign seal execute and deliver such general or other release or releases as may or may be deemed necessary for the pur- pose of exonerating and discharging any person who shall or may be produced as a witness in any such action suit prosecution arbitration or other proceeding as aforesaid from any claim or demand which may be necessary to be released by the said Company so as to qualify such person to give evidence as a witness in any such action suit prosecution arbitration reference or other proceeding aforesaid and also to do any other act matter or thing in any such action suit prosecution arbitration reference or other proceeding which any plaintiff or defendant may do in any action suit prosecution arbitration reference or other proceeding and every such release act matter and thing shall be valid and effectual in all respects and to all intents and purposes whatsoever. 9. And be it enacted That no person shall in any suit action prose- cution or other proceeding whatsoever relating to or concerning the execution of this Act be deemed an incompetent witness on account of his or her being a proprietor of the said Company or a chairman deputy chairman director secretary auditor treasurer clerk or other officer thereof. 10. And be it enacted That the said Company shall not be bound to see to the execution or be in any other manner concerned in any trust whether expressed or implied to which any share in the said Company shall be subject or liable nor shall it be lawful to make the said Com- panies parties to any suit in equity by reason thereof. 11. And be it enacted That in any action to be brought by the said Company against any proprietor of any share or shares in the said undertaking to recover any money due and payable to the said Company for or by reason of any call or the arrears thereof made by virtue of the said recited Act it shall be sufficient for the said secretary on behalf of the said Company to declare and allege that the defendant being a pro- prietor of a share or so many shares in the said undertaking is indebted to the said Company in such sums of money as the calls in arrear shall amount to for so many calls of such sums of money upon such share or so many shares belonging to the said defendant whereby an action had accrued to the said Company by virtue of the said recited Act or of No person on account of his being a pro- prietor to be deemed an in- competent witness. The Company not to be bound to see to the execution of any trust which any share in the Companyshallbe liable to. How and in what form the declar- ation in any action for the recovery of the amomit of arrears shall be framed. AUSTRALIAN OAS-LIGHT COMPANY. 69 this Act without setting forth the special matter and on the trial of snch 3 Victoeia. action it shall only he necessary to prove that the defendant at the time of making such calls was a proprietor of some share oi" shares in the said undertaking and that such calls were in fact made and that notice of default in payment thereof was given as is directed by the said recited Act or by this Act without proving the appointment of the directors who made such call or calls or any other matter whatsoever and the said secretary on behalf of the said Company shall thereupon be entitled to recover what shall appear due (with interest computed as in the said recited Act or in this Act is mentioned) in respect of such calls and in order to prove that such defendant was a proprietor of some share or shares in the said undertaking as alleged the production of the book in which the secretary of the said Company shall enter and keep the names and additions of the several proprietors of the shares in the said under- taking with the number of shares they are respectively entitled to hold and of the locality or places of abode.of the several proprietors of shares in the said undertaking and of the several persons who shall from time to time become proprietors thereof or be entitled to any share therein shall be prima facie evidence that such defendant is a proprietor and of the number and amount of his shares therein. 12. And be it enacted That in case any share or shares shall become How notices are vested in any person or persons claiming through the original sub- persom possess- scriber or subscribers thereof and such share or shares shall have "g ^jt"^^' ^^ passed by any other legal means than by a transfer thereof in pursuance than by the of the said recited Act and the name or names of such person or '>'™s*«'' tt^rsof- persons shall have been entered and registered by the clerk of the said Company in the book to be kept for that purpose in pursuance of the said recited Act then after ten days notice in writing shall have been given by the said secretary on behalf of the said Company to the person or persons or corporation whose names shall be so registered as aforesaid such notice to be given in the manner herein pointed out in respect of such notices by directors to proprietors and such notice "or notices containing a demand of payment of his her or their propor- tion of money to be called for and in case the said call or calls shall not be paid it shall be lawful for the said Company at any general or special meeting after the expiration of such notice to declare such share or shares to be forfeited and in such case the same shall become for- feited and shall and may be disposed of in such manner as in other cases of sales of forfeited share or shares or such share or shares shall become consolidated in the general fund of the said Company and in case there shall be no affidavit of the manner by which any share or shares shall have passed then such notice as hereinbefore directed to be given shall and may be served or sent in manner aforesaid upon or to the executors or administrators of a proprietor or proprietors dying or upon or to the assignees or trustees of a proprietor or proprietors becoming bankrupt or insolvent or upon or to the husband of any proprietor or proprietors marrying or in the event of the share or shares being disposed of upon or to the last proprietor appearing in the books of the said Company to have been in possession of the same and after such notice and default being made the said share or shares shall be forfeited and shall and may be sold or otherwise become consolidated in the general fund of the said Company in manner aforesaid Provided that in cases of proprietors being out of the Colony the share or shares shall not be forfeited until the expiration of two years after the day on which notice shall have been left or given as aforesaid. 70 ArSTEALIAN G-AS-LIGHT COMPANY. 3 Victoria. 13. And te it enacted That so mucli of the said rejited. Act whicli Repeal of so proTides that nothing therein contained shonld authorize and empower ™Wm.°iva3 *^^ ®^^'i Company to make erect sink place or fix any gasometer or other enacts that apparatus used for the purjDose of producing any such inflammable air Act shfi/° ^ or gas as therein mentioned within the limits of the town of Sydney ''Jjjhorize gas- shall from and immediately after the passing of this Act be and the erected within Same is hereby repealed Provided always that nothing herein con- SydnCT *^ °' tained shall be deemed to relieve the said Company or any proprietor of or subscriber to the same or person acting on their behalf from any action information or indictment which may be brought or filed against them or any of them for any nuisance which may ensue from the erection of any such gasometer or other apparatus within the limits of the town of Sydney or elsewhere. Commencement 14. And be it enacted That this Act shall not commence or take effect until the same shall have received the Royal approbation and the notification of such approbation shall have been made by His Excellency the G-overnor in the New South Wales Government Gazette. deemedVpuWio -^^^ ^^^'^ ^® ^^ enacted That as soon as this Act shall have received Act. the Eoyal approbation and the notification of such approbation shall have been made as aforesaid by His Excellency the Governor in manner aforesaid this Act shall be deemed and taken to be a public Act and shall be judicially taken notice of as such by the Judges of the Supreme Court of New South Wales and by all other Judges Justices and others within the Colony of New South Wales and its dependencies without being specially pleaded. 13 vicTOEM. An Act to amend an Act intituled An Act for lighting with Gas the Town of Sydney in the Colony of New South Wales and to enable certain persons associated imder the name style and firm of " The Australian Gas-light Company" to sue and be sued in the name of the Secretary for the time being of the said Company and for other purposes therein mentioned and for better enabling the said Company to purchase hold and dispose of real and personal Property. [5 September, 1849.] Preamble. -TXT HEEEAS by an Act of the Governor of New South Wales with TT the advice of the Legislative Council thereof passed in the eighth year of the reign of His late Majesty King WUliam the Eourth 8 Wm. IV. intituled An Act for lighting with Gas the Town of Sydney in the Colony of New South Wales and to enable certain persons associated Australian Gas- Under the name style and firm of The Australian Gas-light Company &. ^'""P*"y ' to sue and be sued in the name of the secretary for the time being of the said Company and for other purposes therein mentioned it was enacted That the several persons therein particularly mentioned or referred to and their respective successors executors administrators and assignees should be and they were thereby united into a Company of proprietors by the name of " The Australian Gas-light Company" for certain purposes in the said Act mentioned and that the affairs of such AUSTRALIAN GAS-LIGHT COMPANY. 71 Company stould be under the care management and superintendence 13 Victokia. of twelve directors one of whom should be the chairman of the said Company which chairman and directors were to be elected in the manner therein mentioned And whereas the said Act was afterwards 3 yio. amended by an Act of the Governor and Legislative Council passed in the third year of the reign of Her Majesty Queen Victoria intituled An Act to amend an Act intituled An Act for lighting with Gas the Do. amendment Town of Sydney in the Colony of New South Wales and to enable certain persons associated under the name style and firm of the Aus- tralian Gas-light Company to sue and be sued in the name of the secretary for the time being of the said Company and for other pur- poses therein mentioned And whereas there are certain provisions in the first recited Act for the purpose of enabling the said Company to purchase acquire and to hold land in the said Colony and to dispose of the same by means of trustees in manner therein mentioned And whereas in the said Act all goods and chattels of what nature or kind soever belonging to the said Company are declared to be vested in cer- tain trustees therein named And whereas doubts have arisen as to whether the provisions in the said Act respecting land are sufficient for the purposes intended by the said Act and it is expedient to remove such doubts and more fully to define the estates rights and liabilities of the said Company in respect of the said lands and more fully to de- clare to whom the same shall be vested on behalf of the said Company and to empower the said Company through its officers to dispose of the said land and the goods and chattels of the said Company And whereas provision is made by the first-recited Act for recording the name of the secretary for the time being of the said Company in the Supreme Court of New South "Wales Be it therefore enacted by His Excellency the Governor of New South "Wales with the advice and consent of the Legislative Council thereof and by the authority of the same That all the present and future freehold and leasehold lands Lands may be messuages tenements and hereditaments which have been purchased or rltery andmay" acquired or which shall or may be purchased or acquired by or on be conveyed by behalf of the Company or to which the said Company is or shall become direction''of five entitled shall and may be conveyed assigned demised or assured (as o' ™of^ direc- the case may be) to or vested in Ealph Mansfield the secretary of the said Company or to or in the person whose name at the time of such conveyance assignment demise or assurance shall be recorded in pur- suance of the first hereinbefore in part recited Act and of a certain Act of the Governor and Legislative Council of the said Colony made and passed in the eleventh year of the reign of Her present Majesty Queen Victoria and intituled An Act to enable any Joint Stock Com- u Vic. No. 56. pany to sue any of its Members and to enable any Member of any such Joint Stock Company to sue any such Company and for other purposes as the secretary of the said Company his heirs executors administrators and assigns for such estate or estates term or terms of years interest or interests as in such conveyance assignment demise or assurance shall be mentioned expressed or declared and so often as any person shall cease to be the secretary of the said Company such freehold and leasehold lands messuages tenements and hereditaments shall without any conveyance assignment demise or assurance vest in the person who shaU. be the next succeeding secretary of the said Company immediately on his name being recorded as aforesaid for such estate or estates term or terms of years or interest or interests and to and for the same uses and upon the same trusts and to and for the same ends 72 AUSTEALIAN GAS-LIGHT COMPANY. 13 Victoria. Chattels of the Ccmpany to vest in the secretary for the time heing. Secretary with the consent of five directors to purchase lease and let. Power to appoint and remove secretary. intents and purposes and with under and subject to the same powers a^ the same were held by the secretary in whose room or place he shall have been so appointed as aforesaid at the time of his ceasing to be secretary as aforesaid and so on toHes quoties so often as any person shall during the continuance of the said Company cease to be secretary of the said Company and a new one be ajjpointed in his place and his name be recorded as aforesaid And further that the secretary for the time being of the said Company shall from time to time and at all times hereafter sell demise convey and assure the said freehold lands messuages tenements and hereditaments to such person or persons for such estate or interest (not exceeding the estate or interest of such secretary therein) as any live or more of the directors for the time being of the said Company shall from time to time under their hands and seals direct or appoint. 2. And be it further enacted That all account -books accounts minutes records and all other books kept by any officer of the said Company and relating to the affairs of the same and all furniture goods and chattels of what nature or kind soever now being or at any time hereafter to become the property of the said Company shall be and the same are hereby declared to be vested in the said Ealph Mansfield or in the secretary for the time being of the said Company for the use and benefit of the said Company and shall be disposed of in such manner as any three or more of the directors for the time being of the said Company shall from time to time direct. 3. That the secretary for the time being of the said Company may with the consent in writing of five or more of the directors for the time being of the said Company purchase in fee-simple or for any less estate or may take upon lease or otherwise hire buy or procure any house or houses or land or ground which "five or more directors for the time being of the said Company shall from time to time think requisite or necessary for carrying on and managing the business of the said Company and the said secretary for the time being of the said Company may at any time or times afterwards with such concent in writing as aforesaid sell let demise exchange or otherwise dispose of all or any part of such land ground house houses or buildings contracted for or to be hereafter purchased as aforesaid or otherwise belonging to the said Company for the benefit of the said Company and may with such consent as aforesaid make every or any such sale by public auction or private contract or partly in each such mode as he shall think most advisable and all such land ground houses and buildings so to be purchased procured or obtained as aforesaid shall be deemed personal estate and part of the capital of the said Company and shall be conveyed to and vested in the secretary for the time being of the said Company for such estate and upon such trusts and purposes as five of^the directors for the time being of the said Company shall direct or appoint Provided that the said Company shall not at any one time hold or be possessed of land exceeding in the whole ten statute acres, (a) 4. Provided always and be it further enacted That it shall be lawful for five or more of the directors of the said Company under their hands and seals to accept the resignation of and to discharge from the duties and trust herein contained and to suspend and remove from office any secretary for the time being of the said Company and in case of 1 (a) Vide, section 4 of the Australian Gaslight Company's Act of 1883, 46 Vie. AUSTEALIAN GAS-LIGHT COMPANY. 73 Tacancy iu tlie said office from any cause whatever the same or another 13 Victoria. person to appoint to the said office and immediately after such appoint- ment the freehold and leasehold lands tenements and hereditaments goods and chattels whereof the said secretary so discharged or being removed shall have been a trustee for the said Company shall vest in the new secretary so to be appointed as aforesaid on his name being recorded as aforesaid for the same estate or estates term or terms of years interest or interests and to the same uses and upon the same trusts and to and for the same ends intents and purposes and with under and subject to the same powers as the same were held by the secretary in whose room or place he shall have been so appointed as aforesaid at the time of his ceasing to be secretary as aforesaid. 5. And be it further enacted That the secretary treasurer or three or Power for more of the directors for the time being of the said Company shall be jre^urer to Club and being a majority of &c. ) such Committee. I G. H. of make oath and say that I was present and did see the foregoing memorial signed by the aboveuamed chairman and also by the respective members of the committee whose names appear thereto and that the members of the committee signing form a majority of the committee of the Australian Jockey Club. Sworn this day of "1 187 before me, — -J AUSTRALIAN JOINT STOCK BANK. An Act to incorporate the Proprietors of a certain 17 Viotobia. Banking Company called " The Australian Joint Stock Bank " and for other purposes therein men- tioned. [3 September, 1853.] WHEEEAS a Joint Stock Banking Company called the Australian preamble. Joint Stock Bank has been lately established at Sydney in the Colony of New South "Wales under and subject to the rules regu- lations and provisions contained in a certain indenture or deed of settlement bearing date the twenty-ninth day of December in the year of our Lord one thousand eight hundred and fifty-two And whereas the said Company is desirous of being incorporated and it is expedient that it should be incorporated accordingly but subject to the provisions -hereinafter contained Be it therefore enacted by His Excellency the 92 AUSTEALIA]^^ JOINT STOCK BANK. 17 VlCTOHTA. Company incor- porated. Conflrmation of proviBioTis of deed of settle- ment as by-laws of the Company subject to this Act and the general laws. Comm en cement and nature of general business. G-OTernor of New Soutli Wales with the advice and consent of the Leo^islative Council thereof as follows : — ■ 1. Such and so many persons as have already become or at any time or times hereafter shall or may in the manner provided by and subject to the rules regulations and conditions contained in the said inden- ture or deed of settlement become proprietors of shares of or in the capital for the time being of the said Company shall for the purposes aforesaid but subject nevertheless to the conditions restrictions regu- lations and provisions hereinafter contained be one body politic and corporate in name and in deed by the name of the Australian Joint Stock Bank and by that name shall and may sue any person or persons body or bodies politic or corporate whether a member or members of the said corporation or not and may be sued 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 or persons whomsoever for any stealing embezzlement fraud forgery crime or offence and in all indictments informations and prose- cutions it shall be lawful to state the money and goods effects bills notes securities or other property of the said Company to be the money goods effects bills notes securities or other property of the said corporation and to designate the said Company or copartnership 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 with a common seal which may be altered varied and changed from time to time at the pleasure of the said corporation. 2. The several laws rules regulations clauses covenants and agree- ments contained in the said indenture or deed of settlement or to be made under or by virtue or in pursuance thereof are and shall be deemed and considered to be 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 incompatible with or repugnant to any of the provisions of this Act or of any of the laws or statutes in force in the said Colony subject nevertheless to be and the same may be amended altered or repealed either wholly or in part in the manner provided in and by the said indenture or deed of settlement 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 indenture or deed of settlement or of this Act in opposition to the general scope or true intent and meaning of the said deed of settlement or of this Act or of any of the laws or statutes in force in the said Colony. 3. When and so soon as the said capital of two hundred and fifty thousand pounds shall have been (if the same has not already been) subscribed for and a moiety thereof paid as hereinafter required but not before it shall be lawful for the said Company to act as such cor- poration as aforesaid subject to all the restrictions and provisions herein contained and as such corporation to carry on the business of a bank of issue discount and deposit in the Colony of New South "Wales and to make loans of money on cash credit accounts promissory-notes bills of exchange or letters of credit and on other securities of the like nature or on personal security and it shall also be lawful for the said corporation to deal in money bullion specie gold and exchanges of and with all countries and in notes bills or other securities for money and AUSTEALIAN JOINT STOCK BANK. 93 generally to transact all such other business as it is or sliall or may at 17 Victoria. any time hereafter be usual and lawful for establishments carrying on banking in all its branches to do or transact including therein the dealing in money bullion or specie or gold or in notes or bills and to establish agencies branch banks or connections in relation to the said business in any part of the British dominions or elsewhere and to give letters of credit on agents branch banks and banking connections abroad Eestriotions on but that it shall not be lawful for the said corporation to advance or poration. """^ lend any money upon the security of lands or houses or ships or on pledges of merchandise nor to own ships and the said corporation shall not hold shares in its own stock nor advance nor lend to any shareholder or proprietor of shares in the said corporation any sum or sums of money on the security of his share or shares nor invest lay out employ advance or embark any part of the capital or funds of the said cor- poration in the purchase of any lands houses or other real or leasehold property whatsoever (save and except as herein specially provided) nor of any share or shares in the capital stock for the time being of the said Company nor in any trading or mercantile speculation or business whatsoever not usually considered as falling within the ordinary and legitimate purposes and operations of banking establishments Provided always that nothing herein contained shall invalidate any lien acquired by the said bank by way of equitable mortgage upon any deposit of deeds or other documents as collateral security nor any right claim or title to lands or other property thence to arise under the jurisdiction or administration of any Court or Courts of Equity Bankruptcy or Insolvency under the rules of law or equity touching the rights of creditors holding such securities the lien secured by the deed of settle- ment to the Company over the shares belonging to any proprietor becoming indebted or coming under engagements to the Company or making defaidt in the fulfilment of any covenants in the said deed of settlement contained or to prevent the Company from holding the shares forfeited by such default for the purpose of sale as provided in the said deed of settlement And provided further that nothing herein contained shall be taken or construed to prevent the said corporation from taking security by the hypothecation of merchandise or bills of lading for the payment of any bill or bills of exchange drawn against any shipment of merchandise shipped for exportation either to or from any port or place beyond the sea or from one port to another within the Australasian Territories. 4. It shall not be lawful for the said Company to commence or carry Business not to on the said business of banking as a corporation under or by virtue of untin-hSe™ this Act unless or until the whole of the said capital of two hundred °^^g'^"j'5|,°^Pfor' and fifty thousand pounds shall have been subscribed for and a moiety and a moiety or half -part at the least of such sum of two hundred and fifty thousand ?=''<' "p- pounds shall have been actually paid up and that the whole of the said capital if not already subscribed shall be subscribed for within the space of six calendar months to commence and be computed from the Kme limited tor period when this Act shall come into operation and the whole of the said Ind^'ynlelit.' sum of one hundred and twenty-five thousand pounds if not already paid shall be paid up within the space of one year to be computed as aforesaid. 5. It shall be lawful for the said Company as such corporation as Power to issue aforesaid for and during the term of twenty-one years to commence t"nk'iotes ^ from the time of the passing of this Act or until the Legislature shall ^^J^'^f^^^^'y make other provision in that behalf in case the whole of the said capital 94 AtrSTEALIAN JOINT STOCK BANK. 17 VicTOKiA, shall then hare been subscribed for and a moiety thereof j)aid as afore- said and if not then from the time when the whole of the said capital shall have been subscribed for and such moiety thereof paid as aforesaid unless the said Company be soonerdissolved by virtue of the provisions of the said deed of settlement in that behalf to make issue and circulate at and from any city town or place in which they may have opened or established any bank branch bank or agency under or by virtue of this Act or of the said indenture or deed of settlement any bank notes or bills for one pound or five pounds sterling each or for any greater sum than five pounds sterling each but not for any fractional part of a pound and from time to time during the said term of twenty-one years to reissue any such notes or bills when and so often as the corporation shall think fit but such privilege shall cease in case of the suspension of specie payments on demand for the space of sixty days in succession or for any number of days at intervals which shall amount altogether to sixty days within any one year or in case the said corporation shall not well and truly maintain abide by perform and observe all and every the rules orders provisions and directions herein contained and set forth upon which the said corjjoration is empowered to open banking establishments or to issue and circulate promissory-notes, {a), 6. All such notes shall bear date at the city tovrai or place at and from which the same respectively shall be made and issued and the same respectively shall in all cases be payable in specie on demand at the place of date and also the principal establishment of the corporation at Sydney and the total amount of the promissory-notes payable on demand issued and in circulation within the Colony of New South "Wales shall not at any one time exceed the amount of the coin bullion and public securities which shall for the time being be held by the said corporation within the said Colony, (b) Form of bank notes. Limitation of issue. Only the princi- pal establish- ment required to pay notes dated at other places than those of presen- tation. Increase of capital. Re|:ulations as to mcrease of capital. 7. No branch bank nor any establishment of agency of the said cor- poration other than and except the principal banking establishment shall be liable to be called upon to pay any notes of the said corpora- tion other than and except such as shall have been originally made and issued at and from such particular branch bank or establishment or agency. 8. It shall be lawful for the said corporation from time to time to extend or increase their capital for the time beiag by the creation allotment and_ disposal of new shares in the manner specified and set forth and subject to the rules regulations and provisions contained in the said indenture or deed of settlement. 9. The total amount of all the new shares to be so from time to time created shall not together with the original capital exceed one njillion pounds and no such extension or increase of the capital of the said cor- poration shall be made or take place without the previous sanction and approbation in writing of the Governor for the time being of the said Colony or of the Lords Commissioners for the time being of Her Majesty's Treasury from time to time and for that purpose first had and obtained and at least half the amount of the increased capital shall be actually paid up before any extension of the dealings of the said corporation m respect of such new capital shall be commenced and (S) Vide section 1 of the Australian Joint Stock Bant Act of 1855, 19 Vie (a) Vide section 1 of the Australian Joint Stock Bank Act of 1874] 37 Vic! AUSTEALIAN JOINT STOCK BANK. 95 until lialf of such new capital shall be so paid up the dealings and 17 Victoria, affairs of the said corporation shall be carried on in the same manner in all respects as if such extension of capital had not taken place. 10. The capital or joint stock for -the time being and all the funds and Capital and property of the said corporation and the several shares therein and the p'^rsomUj^'^ profits and advantages to be derived therefrom shall be and be deemed personal estate and be transmissible accordingly subject to the regula- tions of the said indenture or deed of settlement. 11. The corporation shall not be bound in any manner by any trusts corporation not or equitable interest or demands affecting any share or shares of the t °ustf 0° ""'"^^ capital standing in the name of any person or persons as the ostensible equitable in- proprietor thereof or be required to take any notice of such trusts shares.* "'^ '"^ or equitable interests or demands but the receipt of the person or persons in whose name or names 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 corporation for or in respect of any dividend or other money payable by the said corporation in respect of such shares and a transfer of the said shares by the person or persons in whose name or names such shares shall so stand shall notwithstand- ing as aforesaid be binding and conclusive as far as may concern the said corporation against all persons claiming by virtue of such trusts or equitable interests or demands Provided always that it shall be com- petent to the board of directors of the said corporation if they shall think fit so to do to withhold payment of the dividends on any such shares and to refuse to sanction the transfer of such shares in any case in which the said corporation shall have had notice of any claims under an alleged trust or equitable interest or demand and when such claim shall appear to the said board of directors to be well founded And provided also that nothing herein 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 corporation in respect of any such shares or the transfer thereafter by the corporation in respect of any such shares or the transfer thereafter of any such shares or to direct the payment of such dividends or other money by the corporation or the transfer of such shares by the person or persons in whose name or names they may stand to such other person or persons as such Court may think fit. 12. It shall be lawful for the said corporation notwithstanding any Limited power statute or law to the contrary and notwithstanding any clause or pro- lau'ds^lc."*^ ''"'* vision herein contained to purchase take hold and enjoy to them and their successors for any estate term of years or interest any houses ofilces buildings lands and other hereditaments necessary or proper for the purpose of managing conducting and carrying on the affairs concerns and business of the said corporation and also to take and to hold until the same can be advantageously disposed of for the purpose of reimbursement only and not for profit any lands houses and other real estate merchandise and ships which may be so taken by the said corporation in satisfaction liquidation or discharge of any debt due to the corporation or in security for any debt or liability iondjide incurred or come under previously and not in anticipation or expectation of such security but not for any other purposes and to sell convey assign assure and dispose of such houses offices buildings lands hereditaments and other real estate merchandise and ships as occasion may require. 96 AUSTEALIAIS^ JOINT STOCK BANK. 17 VicToEiA. 13. It shall and may be lawful to and for all and every person and Power to other persons bodies politic or corporate not being otherwise incompetent to TOnv™%^i grant sell alien and convey assign assure and dispose of unto and to estate^toThe the use of the said corporation and their successors for the purposes corporation. aforesaid or any of them any such houses offices lands hereditaments and other real estate whatsoever as aforesaid accordingly. 14. (Amount to which general liabilities to be limited — Certain liabilities not taken into account.) [Repealed ly 19 Vic, s. 1.] 15. (Unassayed gold deemed "bullion.") [Bepealed hi/ 19 Vic, s.l.] 16. (What deemed public securities.) [Bepealed ly 19 Vic, s. l.J Limits to dia- 17. The discounts and advances by the said corporation on securities secTritit"' °° bearing the name of any one director or other officer thereof as maker bearing the name drawer acceptor or indorser shall not at any tim6 exceed in amount one- offlce^r."^''"'""' third of the total advances and discounts of the said corporation. No dividend to 18. No dividend shall in any case be declared or paid out of the the'oa'^itiS^but Subscribed capital for the time being of the said corporation or oth^ irom the profits wise than out of the net gains and profits of the business. W only. Periodical state- 19. Periodical accounts or statements and general abstracts of the "T 'b^"""™*^ assets and liabilities of the said corporation shall be prepared made out be m^ade out and and published according to the provisions of the Act of the Gr6vernor pubhshed. ^^^ Council passed in the fourth year of the reign of Her present 4 Vic. No. 13. Majesty intituled An Act to provide for the periodical publication of the Liabilities and Assets of Banks in New South "Wales and its Depen- dencies and the registration of the names of the proprietors thereof. Auditors to be 20. Greneral half-yearly meetings of the proprietors of the capital of cxamfnelnd'' '" the corporation shall be held in the respective months of January and report on affairs July in every year and that at one of such meetings in every year two o ompany. proprietors shall be elected to be auditors of the accounts of the corporation for the year next ensuing and that within three weeks next before every such half-yearly meeting the auditors for the time being shall fully examine into the state of the accounts and affairs of the corporation and shall make a just true and faithful report thereon which shall be submitted by them to the directors of the corporation .one week previously to such meeting and which shall be by such directors submitted to the proprietors at every such meeting and that the said auditors shall and they are hereby required to make a declara- tion before a Justice of the Peace that such report is to the best of Duplicates of their several and respective knowledge and belief a just true and faith- to besent'to'the ful report and statement of the accounts and affairs of the Company toy."'''' ^°'"^" ^J^^ t^'^* *^® ^^™® ^^ ™-^^^ ^J *^^™ ^^''^^ diligent and careful examina- tion into the state of such accounts and affairs and a duplicate copy of such report signed by such auditors and of every other report (if any) which shall be made to the proprietors at any half-yearly or other general meeting by such auditors or by any other auditors specially appointed to inquire into the state of the accounts or affairs of the corporation shall be transmitted to the office of the Colonial Secretary at Sydney for inspection thereof within thirty days from the making of such report. Penalties tor 21. If such examination into or report on the state of the accounts pecUfluditT or affairs of the corporation as hereinbefore required to be made by auditors shall be neglected to be made or if a duplicate copy of any AUSTEALIAN JOINT STOCK BANK. 97 suet report shall be omitted to be transmitted to the oifice of the 17 Victoria. Colonial Secretary as hereinbefore required the said corporation shall for every such offence forfeit and pay to Her Majesty for the public uses of the Colony the sum of one hundred pounds to be recovered by action of debt in the Supreme Court and if any such auditors shall at any time knowingly make or concur in a false or deceptive report on and for false or the state of the accounts or affairs of the corporation such auditor shall deceptive report for every such offence forfeit and pay to Her Majesty for the public uses of the Colony the sum of two hundred pounds to be recovered in the said Supreme Court and if any such auditor shall make a declara- tion to any such false or deceptive report knowing the same to be false and deceptive he shall be deemed guilty of perjury and shall be liable to all the pains and penalties provided by the law for such offence. 22. In any action or suit to be brought by the said Corporation provision as to against any proprietor or proprietors of any share or shares in the potions or suits capital of the said corporation to recover any sum or sums of money due and payable to the said corporation for or by reason of any call or calls made by virtue of this Act or of the said indenture or deed of settlement it shall be sufficient for the said corporation to declare and allege that the defendant or defendants being a proprietor or proprie- tors of such or so many share or shares in the capital of the said cor- poration is or are indebted to the said corporation in such sum or sums of money as the call or calls in arrear shall amount to for such and so many call or calls of such or so many sum or sums of money upon such or so many share or shares belongiag to the said defendant or defen- dants (as the case may be) whereby an action hath accrued to the said corporation 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 or any of them who made such call or calls or any other matters except that the defendant or defendants at the time of making such calls was or were a proprietor or proprietors of some share or shares in the capital of the said corporation and that such call or calls was or were in fact made and that such notice thereof was given as is directed by the said indenture or deed of settlement and the said cor- poration shall thereupon be entitled to recover what shall appear due. 23. Nothing herein contained shall prejudice or be deemed to pre- caiis contracts judice any call made or any contract or other act deed matter or thing f°n^nde°\he entered into made or done by the said Company under or by virtue of deed of the said indenture or deed of settlement before this Act shall come p^^^^fs Act into operation but the same call contract act deed matter or thing shall in operation no^ be as valid and effectual to all intents and purposes as if this Act had by it ^'^^■'" '°^ not been passed and may be enforced in like manner as if the said Company had been incorporated by this Act before the same call con- tract act deed matter or thing had been made entered into or done. 24. In the event of the assets of the said corporation being insuffi- Limit to cient to meet its engagements then and in that case the shareholders i'ai"'"i«3 shall be responsible to the extent of twice the amount of their sub- scribed shares only (that is to say) for the amount subscribed and for a further additional amount equal thereto. 25. The directors for the time being of the said corporation shall Custody and use have the custody of the common seal of the said corporation and that ° ^'Po^'Bca^ the form thereof and all other matters relating thereto shall from time to time be determined by a board of directors of the said corporation 98 AUSTEALIAN JOINT STOCK BANK. •17 VicTOM^i. in the same manner as is provided in and by the said indenture or deed of settlement for the determination of other matters by the board of directors of the said Company and the directors present at a board of directors of the said corporation shall have power to use the common seal of the said corporation for the affairs and concerns of the said cor- poration and under such seal to authorize and empower any person without such seal to execute any deeds and do all or any such other matters and things as may be required to be executed and done on be- half of the said Company and in conformity with the provisions of the deed of settlement and of this Act but it shall not be necessary to use the corporate seal in respect of any of the ordinary business of the Company or for the appointment of an attorney or solicitor for the prosecution or defence of any action suit or proceedings. Savins the rights 26. Provided always and be it enacted That nothing in this Act con- an?of fthw'^ tained shall be deemed to afBect or apply to any right title or interest persons not of Her Majesty Her Heirs or Successors or of any body or bodies tSis'lct.'^ '" politic or corporate or of any person or persons except such bodies politic or corporate and other persons as are mentioned in this Act and those claiming by from or under them. Act to be deemed 27. This Act shaU be deemed and taken to be a public Act and shall a public Act. Yie judicially taken notice of as such by the Judges of the Supreme Court of New South Wales and by all other Judges Justices and others The'^Aui'traiian '^ittin ^^^ Colouy of New South Wales and its dependencies without Joint stock being specially pleaded and the same whenever cited shall be sufficiently Bank Act. described as the Australian Joint Stock 'Bank Act. Interpretation 28. And be it enacted That in this Act the following words shall have the following meanings hereby assigned to them unless there be something in the subject or context repugnant to such construction (that is to say) words importing the plural number shall include the singular number and words importing the masculine gender shall in- clude females and bodies corporate as well as individuals. 19 Victoria. An Act to amend the Australian Joint Stock Bank Act. [2 October, 1855.] Preamble. -TTTHEEEAS it is expedient to amend the Australian Joint Stock 17 Vic. VV Bank Act passed in the seventeenth year of Her present stookBank'Ac".' Majesty Queen Victoria in the particulars hereinafter mentioned Be it therefore enacted by His Excellency the Grovernor-G-eneral of New South Wales with the advice and consent of the Legislative Council thereof as follows — The 14th i6th 1. The fourteenth fifteenth and sixteenth sections and so much of o?the Australian *^® sixth section thereof as limits the amount of the promissory -notes Joint stock Bank of the said Corporation payable on demand issued and in circulation at Act repealed. ^^^^ ^^^ ^^^^ aiiall be and are hereby repealed. Extent to which 2. The said corporation shall have power to issue and have in circu- ovdinary bank lation promissory-notes payable on demand to the extent of the rssued""^ ^ amount of its actual paid-up capital and to any such further amount in excess of the said capital as the said corporation shall hold coin or gold bullion assayed by some person duly authorized by the Q-overnor for the time beinp; of the said Colony or partly coin and partly gold clause, AUSTEALIAN JOINT STOCK BANK. 99 bullion assayed as aforesaid separate and apart from the coin and 19 Victoria. gold bullion used in the ordinary operations of the said corporation Provided however that the power to issue such notes in excess of the Limit as to time said capital aa aforesaid shall continue and be in force until some °* ^""^ '^™^' general provision be made by the Legislature in respect of the issue of promissory-notes payable on demand by the banking institutions of the said Colony and no longer but nothing herein contained shall be construed to abridge in any way the privileges enjoyed by the said corporation in respect of the issue of such promissory-notes under any provisions of the origiaal Act of Incorporation passed in the seventeenth year of Her present Majesty's reign other than the sections thereof hereby repealed. 3. The total amount of the debt?, engagements and liabilities of the Amount to said corporation whether upon bonds bills promissory-notes or other- iTabUitfte'to^be wise contracted other than their liabibties on account of the ordinary limited, cash deposits of customers and on account of bills of exchange drawn Certain HaMi- by or on behalf of the said corporation upon any banker or banking into account, company or agency in the United Kingdom of Grreat Britain and Ireland or elsewhere within the amount or value of remittances made to such banker or banking company or agency respectively to provide for the payment of the said bills of exchange may extend to' but shall not in any case exceed three times the amount of the actual paid-up capital stock of the said corporation. 4. The payment of one moiety or half part of the subscribed capital The whole of two hundred and fifty thousand pounds which by the fourth section ^250^00 to be of the said Australian Joint Stock Bank Act was required to be paid called up within in the manner therein mentioned shall not be sufficient to entitle the said Bank to the privileges conferred by the said Act beyond the term of six calendar months from the passing of this Act but before the end of that term the whole of the said capital of two hundred and fifty thousand pounds shall be paid up. 5. The proviso contained in the third section of the said Act which Future equitable declares that nothing therein contained shall invalidate any lien Itais^bl valid acquired by the said Bank by way of equitable mortgage in manner '° certain cases, therein mentioned shall be construed to apply to and protect and make effectual any such lien which either has been or shall be from time to time and at any time so acquired by the said Bank. An Act to continue for a further period of twenty-one 37 Victoria. years the provisions of the Australian Joint Stock Bank Act (as amended) "whereby the Australian Joint Stock Banking Company as thereby incor- porated was empowered to make issue and circulate Bank-notes or Bills. [5 February, 1874.] WHEREAS by the terms of the fifth section of the Australian preamble Joint Stock Bank Act the provisions therein contained for empowering the Australian Joint Stock Banking Company to make issue circulate and reissue bank-notes or bills in manner therein pro- vided were thereby limited to a period of twenty-one years to commence 100 AIJSTEALIAK MIJTIIAL PEOVIDENT SOCIETY. 37 Victoria, as thsrem years will mentioned And whereas the said period of twenty-one shortly expire and it is expedient to continue the said pro- visions for a further period of twenty-one years Be it therefore enacted by the Queen's Most Excellent Majesty hy 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 : — Provisions of 1. The provisions of the Australian Joint Stock Bank Act (as stMkBanivAct* amsnded by the Act nineteenth Victoria intituled An Act to amend extended. the Australian Joint Stock Bank Act) empowering the said Banking Company as thereby incorporated to make issue circulate and reissue bank-notes or bills subject to the provisions in the said Act contained shall be and are hereby extended and shall continue and remain in force for the period of twenty-one years from the passing of this Act and afterwards until the expiration of three calendar months after the commencement of the then next session of Parliament. 20VICTOMA. AUSTRALIAN MUTUAL PEOVIDENT SOCIETY. An Act to incorporate the Australian Mutual Provident Society. [18 March, 1857.] 7 Viot. No. 10. Preimbie. '\\J HEEBAS by an Act of the Legislature of the Colony of jSTew T Y South Wales passed in the seventh year of the reign of Her Majesty Queen Victoria and numbered ten after reciting amongst other things that it was desirable to encourage the foundation of Eriendly Societies for the purposes therein mentioned it was enacted that it should be lawful for any number of persons to form themselves into and to establish a society for the purposes of raising from time to time by subscription of the several members of every such Society or by voluntary contributions or donations f ands for the mutual relief or maintenance of the members thereof their wives children relations or nominees in sickness infancy advanced age widowhood or any other natural state or contingency whereof the occurrence is susceptible of calculation by way of average or for any other purpose which is not illegal and for the members of any such Society from time to time to make ordain and constitute proper and wholesome rules for the better government of the same and also from time to time to alter and amend or to annul or repeal the same as therein mentioned but that no such rules should be binding on the several members and officers of the said Society or other persons having any interest in such Society until certi- fied either by the Attorney- G-eneral or by a barrister-at-law and con- firmed by Justices of the Peace as therein mentioned and afterwards filed by the Clerk of the Peace for the county wherein such Society should be founded with the rolls of the Sessions of the Peace And whereas by the said Act certain jDrivileges and restrictions are enacted and Establishment of provided for the benefit and regulation of such Societies And whereas Mutual Provi- Under and in pursuance of the said Act a certain society was established dent Society. and is still subsisting in the city of Sydney in the said Colony called the Australian Mutual Provident Society for the purpose of raising funds by the mutual contributions of the members thereof or otherwise AUSTEAilAN MUTUAL PEOYIDENT SOCIETY. 101 for assurances on their own liyes or on the lives of other persons 20 Victoria. for the assurance of joint lives and survivorships for the purchasing granting and sale of annuities certain or on lives present deferred or reversionary for the purchasing and granting of endowments and for the transacting and carrying on of all business dependent on the con- tingencies of human life And whereas after the establishment of the said Society certain rules were made for its management which rules were duly certified and confirmed and were filed with the rolls of the Sessions of the Peace for the district of Sydney in pursuance of the provisions of the said Act And whereas the said rules provide for the general management of the affairs of the said Society by certain directors as in the said rules mentioned And whereas various other Acts have from time to time been passed for the encouragement and regulation of such Priendly Societies And whereas one of such Acts 17 vio. No.'2e. that is to say an Act of Council passed in the seventeenth year of the reigia of Her said Majesty and numbered twenty-six repeals the said first-mentioned Act subject however to its provisions continuing in force as to any such Society then established till it should register its rules in conformity with the Act now in recital And whereas by the Business per- last-mentioned Act various privileges are conferred upon any such ™itt?d '^h'? '''' Society not granted by the said first-recited Act but at the same time the said Society, so limiting the extent and natiire of the business allowed to be carried on by any such Society as to be inconsistent with that then and now carried on by the said Australian Mutual Provident Society and which business has since been continually and rapidly increasing so that the said Society has not complied and cannot comply with the conditions imposed by the said second Act so as to obtain the additional privileges thereby conferred And whereas the members thereof are desirous of having propier and enlarged facilities for carrying on and extending its business and operations and to effect that purpose and for the en- couragement of frugality and of provident habits and for promoting the objects of the said Society it is expedient that the same should be incorporated with and subject to the privileges restrictions and pirovisions hereinafter contained Be it therefore enacted by the Queen's Most Excellent Majesty by- and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows — 1. Such and so many persons as are now or at any time hereafter incorijoration o£ shall in accordance with the provisions of this Act become members Society, of the said Society shall (subject to the regulations and provisions hereinafter contained) be one body corporate by the name and style of the Australian Mutual Provident Society and by that name may transact carry on and continue (subject to the provisions of the by-laws of the said Society hereinafter referred to) in or out of the Colony of New South "Wales the business for which the said Society was established as hereinbefore mentioned and by that name shall have perpetual succession and a common seal and shall sue and be sued defend and be defended in all Courts whatsoever and except where inconsistent with the provisions of this Act or of any by-law of the Society shall have power after the passing of this Act notwithstanding any statute or law to the contrary to purchase take hold and enjoy to them and their successors for any estate term of years or interest any houses buildings lands and other hereditaments necessary or exjjedient for the managing conducting and carrying on the concerns affairs and 102 AirSTEALIAN MUTUAL PEOVIDEKT SOCIETY. Act not to pre- judice anything already done. Defines who are the members of the Society. 20 Victoria, business of the said corporation and to sell convey assign assure and dispose of such houses buildings lands and other hereditaments as occasion may require. 2. This Act shall not prejudice any contract entered into by the Society before this Act shall have come into operation but the same contract shall be as valid to all intents and purposes as if this Act had not been passed and may be enforced in like manner as if the said Society had been incorporated before such contract was entered into. 3. Every person who has effected or shall hereafter effect with the said Society any policy or contract for an assurance endowment or annuity and also (subject to the provisions of this Act and of any by- laws to be made by the Society) the assigns or nominees of such person shall so long as he or they respectively shall have an interest in such policy or contract be a member or members of the Society now incorporated and minors and married women as if single may also (subject to any provisions and restrictions contained in such by-laws) be members in like manner and the policies held by such married women shall not be subject to the debts or control of their husbands and may be disposed of by them by will Provided that minors shall not become such members without consent of their parents masters or guardians And provided that no policy for a life assurance or endowment held by any married woman shall be protected against the debts of her husband unless it shall have endured for two years and then only to the extent of two hundred pounds if for five years then to the extent of five hundred pounds if for seven years then to the extent of one thousand pounds and if for ten years then to the extent of two thousand pounds Provided further that no annuity shall be so protected as aforesaid unless the payments made on account thereof shall have been made at annual or more frequent intervals during a period of not less than six years or unless purchased more than six years prior to the commencement of the annuity and such annuity shall not exceed the sum of one hundred and four pounds per annum. 4. The general business of the Society shall (subject to the by-laws herein referred to and to the control of meetings of the Society con- vened in pursuance of such by-laws) be under the immediate manage- ment and superintendence of a board of directors and the directors for the time being shall have the custody of the common seal of the Society and the form thereof and all other matters relating thereto shall from time to time be determined by the board and the directors present at a board shall have power to use such common seal for the affairs of the Society and to affix the same to any deed or document and under such seal either by letter of attorney or otherwise to authorize any person or persons to execute without such seal policies deeds and contracts and to do all such other things as may be required to be done on behalf of the Society in conformity with the provisions of the said by-laws and of this Act and it shall not be necessary to affix the said seal to any policy or to use it m respect of any of the ordinary business of the Society or for the appointment of any attorney for the prosecution or defence of any action suit or proceeding. 5. The present directors of the said Society namely Michael Eo-an Murnm Frederick Ebsworth William Hai-vie Christie James MitcheU Arthur Todd Holroyd and John Fairfax Esquires shall be the directors and the present officers thereof shall be the officers of the Society Society to be under immediate management of directors. Who are to have custody of seal &c. Present directors and officers to continue till chang-ed under by-laws. AUSTRALIAN MUTUAL PEOVIDENT SOCIETY. X03 urtfcil they or any of them shall retire or be changed or shaU other- 20 Victoria, wise cease to be such directors or officers in pursuance of any by-laws of the Society for the change election or appointment of directors or officers. 6. Until the passing and registration of the by-laws of the Society to Present rules to be made passed and registered in the manner hereinafter mentioned J'/esifb" Jaws'*" the present rules of the said Society now in force and filed with the rolls made. of the Sessions for the district of Sydney shall be the by-laws of the Society except so far as any of them are inconsistent with any of the provisions of this Act. 7. Within six weeks after the passing of this Act the Board shall By-laws to be convene by not less than three weeks notice by advertisement in at soSy^withm least three consecutive numbers of two or more of the Sydney news- six weeks after papers a meeting of the Society and shall submit for the approval of K'"^ " such meeting the by-laws proposed for the future conduct of the affairs of the Society in which by-laws provision shall be made respecting the following matters that is to say the number change retirement election and appointment of directors auditors and other officers the meetings of the Society the investment of its funds the division and appropriation of profits amongst the members the mode of altering or repealing the by-laws and of making others and generally the efficient management of the affairs and business of the Society and at such meeting or at some adjournment thereof the by-laws shall be approved of by not less than two-thirds of the votes given by voices at such meeting each member present in person or by proxy being reckoned as having one vote only unless three members personally present shall require the voting to be according to the following scale that is to say every member whose life is assured for or who contributes for an endowment of one hundred pounds having one vote and every additional one hundred pounds giving an additional vote every member subscribing for or re- ceiving an annuity of five pounds having one vote and every additional five pounds of annuity giving another vote but no member shall be entitled to more than twenty votes in all and no minor shall be entitled to a vote and any member may by a writing signed by himself appoint any other member as his proxy to vote on his behalf at such meeting or at any adjournment thereof and thereupon within five weeks and and confirmed after the expiration of two weeks another meeting shall be convened Jjjereaft™™"''^ for the purpose of confirming and finally passing such by-laws but which shall not be so passed except by the like majority of votes as aforesaid and upon such by-laws being so finally passed the same shall be deemed and considered to be and shall be the by-laws for the time being of the said Society 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 incompatible with or repugnant to any of the pro- visions of this Act. 8. A copy of the said by-laws proved to be such by the solemn decla- By-laws to be ration of the secretary shall be registered in the office for the registry omJI' torregistry of deeds at Sydney and shall be open at all reasonable times to the of deeds, public and the said by-laws shall not be in force till so registered. 9. The by-laws of the Society or any of them may from time to time powers to alter be altered or repealed and new by-laws may be made in accordance ^^g'^^P^*' ^^' with any provision in the then existing by-laws Provided that every alteration or • epeal of any by-law and every new by-law shall be first 104 AIJSTEALIAN MUTUAL PEOVIDBNT SOCIETY. Evidence of by-laws. Investment of funds. 20 VicTOEiA. approved of by two-thirds of the votes at a meeting of the Society convened for the purpose and shall be finally passed by a like majority of votes at another meeting also convened for the purpose (the votea at every such meeting being taken according to the method prescribed in the seventh section of this Act) but no by-law shall be made by the said Society in opposition to the general scope or true intent and mean- ing of this Act. 10. The production of the by-laws under the seal of the Society by any officer of the Society or of the copy of such by-laws registered as aforesaid or a copy thereof certified by the oiEcer for the registering o£ deeds to be a copy shall be evidence in every Court of such by-laws. 11. The board may (subject to the provisions of the by-laws and of this Act) invest such of the funds and property of the Society as to them shall seem fit either in the security of mortgages on real or leasehold estates or in G-overnment securities or in loans to members on their policies or in the building of oflices and premises for the use of the Society And it shall be lawful for the said Society to take and to hold until the same can be advantageously disposed of for the pur- poses of reimbursement only any lands houses and other real estate which may be so taken by the said Society in satisfaction liquidation or discharge of any mortgage or other debt due to the Society or in security for any debt or liability and to sell convey assign assure and dispose of such lands houses and other real estate as occasion may require, (a) 12. The business of the Society may be divided into branches to be ■ declared in its by-laws and the funds of one branch shall not be used in liquidating any claim on any other and no member shall be individu- ally liable to make good any deficiency whatever which may arise in its funds and the profits of the business of each branch shall le periodi- cally divided among the members interested therein in the manner declared in the by-laws. Informalities in 13. All acts done at any meeting of the board shall notwithstanding dfrectors!™' °' ^^^7 defect in the appointment or qualification of any director be as valid as if every such person had been duly appointed and was quali- fied to be a director. Interest of 14. The property and interest of every member or of his personal farnot^'subjcctto representatives in any policy or contract made or entered into bond bankrupt laws, jigg for the benefit of such member or his personal representatives or in the moneys payable under or in respect of such policy or contract (incuding every sum payable by way of bonus or profit) shall be exempt from liability to any law now or hereafter in force relating to bankruptcy or insolvency or to be seized or levied upon by the process of any court whatever Provided that no policy or contract for a life assurance or endowment shall be so protected nor any contributions made towards the same until it shall have endured for at least two years but that after an endurance of two years such protection shall be afforded to the extent of two hundred pounds of assurance or endow- ment and to the contributions made towards the same and after an endurance of five years to the extent of five hundred pounds and after an endurance of seven years to the extent of one thousand pounds and (a) Vide section 1 of the Australian Mutual Provident Society's Act Amendment Act, 37 Vic. Separate branches of busi- ness. Life assurances endowments. ATTSTRALIAN MUTUAL PEOVIDENT SOCIETY. 105 after an endurance of ten years to the extent of two thousand pounds 20 Victoeia. And that no policy for providing an annunity nor the contributions Annuities. made towards the same shall he protected until the payments made on behalf of such annuity shall have extended over a period of six or more years or unless it shall have been purchased at a date more than six years prior to the commencement of the annuity and that such annuity shall not exceed the sum of one hundred and four pounds per annum Provided also that the protection hereby afforded shall in the case of an annuity accrue only to the benefit of the member himself and only to such part thereof as shall be payable after he shall have attained the age of fifty years and in the case of an endowment for the benefit of the nominee only and in the case of a life assurance for the benefit of the personal representatives only of the member and in no case for any assignee of the member, (a) 15. All the funds investments and property for the time being of the au property of Society and the estates and interests of the several members therein p°^on^i'esute and all the profits and advantages thereof shall as between the members be deemed personal estate and be transmissible accordingly. 16. The Society shall not unless so far as allowed by its by-laws be Society not bound in any manner by any trust or equitable interest or demand ^°™'^ ^^' ''^'^^''' affecting any policy or contract granted to or effected by any person as the ostensible owner thereof or be required to take notice of any trust or equitable interest or demand but the receipt of the person or his representatives to or by whom such policy or contract shall have been granted or effected shall notwithstanding such trust or equitable interest or demand and notice thereof to the Society be a valid and con- clusive discharge to the Society in respect of any money payable by the Society in respect of such policy or contract and a transfer thereof in accordance with any provision in that behalf shall be binding and conclusive as far as may concern the Society against all persons what- ever Provided that nothing herein contained shall affect the power of a Court of Equity to restrain or direct as the case may be the payment of any money payable by the Society in respect of any such policy or contract or the transfer thereof thereafter by any person or body other than the Society as such Court may think fit. 17. All the mortgaged and other lands securities covenants debts Property at moneys choses in action and things at present vested in the trustees tSees'to of the present Australian Mutual Provident Society or any other per- become vested son or persons on behalf of the said Society shall immediately after the passing of this Act become vested in the Society hereby incorporated for the same estate and interest and with the like powers and authorities as the same are now vested in the said trustees or other person or persons without any assignment or conveyance whatsoever. 18. It shall be lawful for the board if satisfied that no will was left '^^^^^ ^"m\o by a deceased member and that no letters of administration of the representatives goods of such deceased will be taken out to pay any sum not exceeding ^'iJJJoSt'adminia- one hundred pounds together with any sum. which may have been tration. added thereto by way of bonus or profit to the widow or widower of such member or to or amongst his or her child or children or other person or persons appearing to the board to be entitled to the effects of the deceased without such letters being taken out. (a) Vide section 5 of the Australian Mutual Provident Society's Act Amendment Act, 37 Vic. 106 AUSTEALIAN- MUTUAL PEOYIDENT SOCIETY. 20 Victoria. Service of notice on Society. Names of secretary and , directors to be recorded in the Registrar-Gene- ral's Office. Dissolution of Society. Amalg-amation sale or transfer of Society's business. 19. Every summons or notice or writ or other proceeding at law or in equity requiring to be served iipon the Society may be served by being loft at the office of the Society in Sydney or given personally to the secretary or in case there be no secretary then to any director of the Society and the place where the said office is situate And the names of the secretary and directors of the Society shall be registered in the office for the registry of deeds in like manner as hereinbefore declared respecting the by-laws and every change in such office and every new appointment of secretary or director shall forthwith be also registered in like manner and notice thereof given in the Q-overnment Gazette. 20. In case a majority of not less than three-fourths of votes present at a meeting of the Society shall resolve that it is expedient to dissolve the Society the directors shall as soon as practicable cause a statement of the proposed mode of appropriation and distribution of the stock and funds of the Society to be made and to be certified to be an equi- table mode by at least one actuary not personally interested in the Society and another meeting shall then be convened and if the reso- lution of the previous meeting be then confirmed by a like majority o£ votes the Society shall be dissolved and its affairs wound up with all convenient speed And in case by a like majority of votes at a like meeting it be resolved that it is expedient to dispose of the jjroperty and business of the Society or of any branch thereof or to amalgamate the same with any other Society or Company or to purchase the stock and business of any other Society or Company transacting similar business to that of this Society the directors shall cause a statement to be made of the effect of such disposal amalgamation or purchase on the interests of the members of this Society (the same to be certified by at least one actuary not personally interested either in this Society or in the other Society or Company as aforesaid) and then cause another meeting to be held for confirming or disallowing the said dis- posal amalgamation or purchase as the case may be and if confirmed by the like majority the same shall be completed with all convenient speed but in the event of any member who may not have assented to such disposal amalgamation or transfer at the meeting at which the same was confirmed dissenting therefrom at any time before the date on which his annual premium next after the date of such meeting shall have become due or if he have no annual premium to pay then within twelve calendar months after the date of such meeting he shall be entitled to demand from the funds of whatever branch of the said Society he may be a member of the value of his policy and the same shall be paid to him accordingly on his surrendering such policy. 37 VicTOEiA. An Act to amend the Act to incorporate the Australian Mutual Provident Society. [13 January, 1874.] Preamble. XTTHEEEAS an Act was passed by the Legislature of the Colony T T of New South Wales in the twentieth year of the reign of Her Majesty Queen Victoria intituled An Act to incorporate the Austra- lian Mutual Provident Society And whereas the members of the said Society are desirous of extending the powers of investment and of altering the mode of conducting the business of the Society as herein- after provided but are unable to do so except by the sanction of the AUSTEALIAN MUTUAL PEOYIDENT SOCIETY. 107 Legislature And whereas it is expedient that the said Act should be 37 Viotokia. amended as hereinafter provided 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 powers given by the eleventh section of thesaid recited Actfor investment ot the investment of the Society's funds shall be and are hereby extended f™"^^- and shall henceforth be as follows that is to say — The Board of directors of the Society may subject to the provisions of the said recited Act and of any other Act for the time being in force relating to the Society and subject also to the by-laws for the time being thereof invest such of the funds and property of the Society as to them shall seem fit in the purchase of or advances on public or Grovernment securities of any of the Australasian Colonies including Tasmania and New Zealand Upon the security of freehold or leasehold property anywhere within the British dominions In the purchase of or at interest upon reversionary interests or life interests in funds or estates Upon the security of policies of assurance whether of the said Society or any other Company On deposit or current account with the ordinary bankers of the Society and any Joint Stock Bank or banks In the purchase of premises or of land on which to build premises in whole or in part for offices for the use of the Society in all or any of the Australasian Colonies including Tasmania and New Zealand and in building such premises and in the purchase of or advances on Grovernment securities of G-reat Britain or of any other stocks funds or securities guaranteed by the British Grovernment. 2. Erom and after the passing of this Act the division of the business Amalgamation of the Society into three branches called respectively the Assurance £'.^Sr'° Annuity and Endowment Branches shall cease and the said branches shall in all respects be amalgamated and the funds of the several branches shall together form one general fund and be applied in liquidating all claims arising in any of the said branches and generally for the purposes of the Society and all persons who have heretofore effected a policy in any of the said branches shall be entitled to par- ticipate in the profits of such general funds in the manner provided by the by-laws. 3. The Board may (subject to the provisions of the by-laws) effect Power to issue with any person a policy or contract for an assurance endowment or f^T S|*e?"''' annuity which shall not entitle the holder to participate in any of the profits of the Society or to claim any bonus or other benefit which may arise out of the said profit.^ and such policy shall be called a " non- participating policy." 4. The Board may appoint local boards of directors and other Local Boards, necessary officers in such places and with such powers as are or may be provided by the by-laws or as may from time to time consistently therewith be determined by the Board. 5. Within the limits provided by the fourteenth section of the said interest ot recited Act no property or interest of any member or of his personal ^bTea'to""' representatives in any policy or contract made or entered into bondjide general assign- for the benefit of such member or his personal representative or in the ™™ ' moneys payable under or in respect of such policy or contract (including every sum payable by way of bonus or profit) shaL. be affected by any general assignment for the benefit of creditors or in 108 AUSTEALIAN PAPEE COMPANY. By-laws. 37 Victoria, any other manner except by some act or deed of the holder of such policy other than such deed of assignment purporting specially to deal with the same and the property or interest therein of such holder or of his personal representative. 6. The amended by-laws passed at a meeting of the members of the Society duly convened and held on the ninth day of September one thousand eight hundred and seventy-three and confirmed at a meeting held on the twenty-eighth day of October one thousand eight hundred and seventy-three shall be the by-laws of the Society until altered or repealed in the manner provided by the said recited Act and the said amended by-laws. 7. This Act shall be read and construed as if it had been incorporated with and had formed part of the said Act to incorporate the Australian Mutual Provident Society and shall be intituled the Australian Mutual Provident Society's Act Amendment Act of 1873. Act how read and short title. AUSTEALIAN PAPEE COMPANY. 28 VicioEiA. ^n Act to incorporate the proprietors of a certain Com- pany called "The Australian Paper Company" and for other purposes therein mentioned. [1 June, 1865.] Preamble. TT7HEREAS a Joint Stock Company called the Australian Paper V V 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 indenture or deed of settlement bear- ing date the first day of July in the year of our Lord one thousand eight hundred and sixty-four purporting to be a deed of settlement of the said Company And whereas by the said indenture or deed o£ settlement the several parties thereto have respectively and mutually covenanted and agreed to be and continue (until dissolved under the jjrovisions in that behalf therein contained) as a Joint Stock Company or partnership under the name style and title of the Australian Paper Company for the purpose of carrying on the business of making and manufacturing paper of every description or kind in the Australasian Colonies and also such other Colonies or countries as may be deter- mined upon as in the said deed of settlement is provided and also of purchasing and importing the necessary materials for the making and manufacturing of the same and also of selling disposing of and export- ing such paper when so made and manufactured and to hire build or purchase suitable premises and to erect the necessary machinery for the carrying on of all such operations and works and from time to time to hire and employ all necessary agents clerks officers workmen ser- vants and apprentices And whereas it was by the said indenture or deed of settlement further agreed that the capital of the Company should consist of twenty -five thousand pounds to be contributed in five thousand shares of five pounds each and of such further sum not ex- ceeding the sum of twenty-five thousand pounds as a majority of the shareholders for the time being shall at a general meeting called for that purpose determine to be raised by the creation and allotment or AUSTEALIAN PAPEE COMPANY. 109 sale of new shares of the like amount as therein provided And 28 Victoeia. whereas hj the said indenture or deed of settlement provision has been made for the payment of dividends and for the disposal and application of the profits and also for the due management of the affairs of the said Company And whereas the said Company is desirous of being incorporated accordingly but subject to the provisions hereinafter con- tained 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 as- sembled and by the authority of the same as follows : — ■ 1. Such and so many persons as have already become or at any time Company ineor- or times hereafter shall or may in the manner provided by and subject P°rat«d. to the rules regulations and provisions contained in the said indenture or deed of settlement become proprietors of shares of or in the capital for the time being of the said Company shall for the purposes afore- said but subject nevertheless to the conditions restrictions regulations and provisions hereinafter contained be one body politic and corporate in name and in deed by the name of the Australian Paper Company and by that name shall and may sue any person or persons body or bodies politic or corporate whether a member or members of the said corporation or not and may be sued implead and be impleaded in all Courts whatsoever at law and in equity and may prefer lay and prose- cute any indictment information and prosecution against any person or persons whomsoever for any stealing embezzlement fraud forgery crime or offence and in all indictments informations and prosecutions it shall be lawful to state the money and goods effects bills notes securities or other property of the said Company to be the money goods effects bills notes securities or other property of the said cor- poration and to designate the said Company or co-partnership by its corporate name whenever for the purpose of any aEegation of an in- tent to defraud or otherwise however such designation shall be neces- sary and the said corporation shall have perpetual succession with a common seal which 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 con- confirmation of tained iii the said indenture or deed of settlement or to be made under §eed'of*setSe- or by virtue or in pursuance thereof are and shall be deemed and con- ment as by-laws sidered to be and shall be the by-laws for the time being of the said "uye^otTthT corporation save and except in so far as any of them are or shall or Act and general may be altered varied or repealed by or are or shall or may be incon- sistent or incompatible with or repugnant to any of the provisions of this Act or of any of the laws or statutes now or hereafter to be in force in the said Colony subject nevertheless to be and the same may be amended altered or repealed either wholly or in part in the manner provided in and by the said indenture or deed of settlement 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 indenture or deed of settlement or by this Act in opposition to the general scope or true intent and meaning of the said indenture or deed of settlement or of this Act or of any of the laws or statutes in force for the time being in the said Colony. 3. It shall be lawful for the said corporation from time to time to increase of extend or increase their capital for the time being by the creation allot- <»?>*»•• ment and disposal of new shares in the manner specified and set forth 110 AIJSTEALIAN PAPEE COMPANY. Capital and shares to be per- sonalty. Corporation not bound to notice trusts or equit- able interests affecting shares 28 VicTOEiA. and subject to tlie rules regulations and provisions contained in the hereinbefore in part recited indenture or deed of settlement but so nevertheless that the total amount of all the new shares to be so from time to time created shall not together with the original capital exceed fifty thousand pounds. 4. The capital or joint stock for the time being and all the funds and property of the said corporation and the several shares therein and the profits and advantages to be derived therefrom shall be and be deemed personal estate and be transmissible accordingly subject to the regula- tions of the said indenture or deed of settlement but it shall not be lavrful'for any person or persons in whose name or names any share or shares shall stand in the books of the corporation to transfer the same until the expiration of two years from the establishment of the said Company. 5. The corporation shall not be bound in any manner by any trusts or equitable interests or demands affecting any share or shares of the capital standing in the name of any person or persons as the ostensible proprietor thereof or be required to take -any notice of such trusts or equitable interests or demands but the receipt of the person or persons in whose name or names the shares shall stand in the books of the cor- poration 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 corporation for or in respect of any dividend or other money jsayable by the said corporation in respect of such shares and a transfer of the said shares by the person or persons in whose name or names such shares shall so stand shall notwithstanding as afore- said be binding and conclusive as far as may concern the said corporation against all persons claiming by virtue of such trust or equitable interest or demands Provided always that nothing herein 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 corporation in respect of any such shares or the transfer thereafter of any such shares or to direct the pay- ment of such dividends or other money by the corporation or the trans- fer of such shares by the person or persons in whose name or names they may stand to such other person or persons as such Court may think fit. tetoin^d''i™w *" ®' "*"* ^^^^^ ^® lawful for the said corporation notwithstanding any lands &c. statute Or law to the contrary and notwithstanding any clause or provi- sion herein contained to purchase take hold and enjoy to them and their successors for any estate term of years or interest any houses offices buildings lands and other hereditaments necessary or proper for the pur- pose of managing conducting and carrying on the affairs concerns and businessof the said corporation and also to take hold and enjoyall houses offices buildings lands and hereditaments held by the said Company before the passing of this Act and also to take and to hold until the same can be advantageously disposed of for the purpose of reimbursement only and not for profit any lands houses and other real estate which may be so taken by the said corporation in satisfaction liquidation or discharge of any debt due to the corporation or in security for any debt or liability lonafide^ incurred or come under previously and not in anticipation or expectation of such security but not for any other purposes and to sell convey assign assure and dispose of such houses offices buildings lands hereditaments and other real estate as occasion may require. AUSTRALIAN PAPER COMPANY. HI 7. It shall and may be lawful to and for all and every person or per- 28 Victokia. sons bodies politic or corporate who are or shall be otherwise competent Power to other to grant sell alien and convey assure and dispose of unto and to the vly^reai estate' use of the said corporation and their successors for the purposes afore- to the oorpo- said or any of them any such houses offices lands hereditaments and '^^*'°"- other real estate whatsoever as aforesaid accordingly. 8. No dividend or bonus shall in any case be declared or paid out of N" dividend to the subscribed capital for the time being of the said corporation or other- the capital"' °' wise than out of the net gains and profits of the business. 9. In any action or suit to be brought by the said corporation against Provisions as to any proprietor or proprietors of any share or shares in the capital of ^■^tions or suits the said corporation to recover any sum or sums of money due and instalments, payable to the said corporation for or by reason of any instalment or instalments call or calls made by virtue of this Act or of the said indenture or deed of settlement it shall be sufficient for the said cor- poration to declare and allege that the defendant or defendants being a proprietor or proprietors of such or so many share or shares in the capital of the said corporation is or are indebted to the said corporation in such sum or sums of money as the instalment or instalments call or calls in arrear shall amount to for such and so many instalment or instalments call or calls of such or so many sum or sums of money upon such or so many share or shares belonging to the said defendant or defendants (as the case may be) whereby an action hath accrued to the said corporation without setting forth any special matter and on the trial of such action or suit it shall not be necessary to prove how or in what manner such instalment or instalments call or calls became or were made payable or any other matter except that the defendant or defendants was or were a holder or proprietor or holders or pro- prietors of one or more share or shares in the capital of the said corporation and that such instalment or instalments call or calls was or were in fact due and that the time fixed for the payment thereof was given as is directed by the said indenture or deed of settlement and the said corporation shall thereupon be entitled to recover what shall appear due. 10. Nothing herein contained shall prejudice or be deemed to caiis and instai- prejudioe any instalment due contract or other act deed matter or ™™^^ contracts thing entered into made or done by the said Company under or by under the deed virtue of the said deed of settlement before this Act shall come into betoe'tws Act operation but the same instalment call contract act deed matter or in operation not thing shall be as valid and effectual to all intents and purposes as if by it. ^"''" '° this Act had not been passed and may be in force in like manner as if the said Company had been incorporated before the same instalment call contract act deed matter or thing had been made entered into or done. 11. In the event of the assets of the corporation being insufficient to Limited liability, meet its engagements then and in that case the shareholders respec- tively shall be responsible to the amount of their subscribed shares only in addition to such subscribed shares. 12. It shall not be necessary to use the corporate seal in respect of in what matters any of the ordinary business of the Company or for the appointment "^"equirld'to of an attorney or solicitor for the prosecution or defence of any action be used suit or proceeding and any person duly authorized and empowered under the corporate seal may without such seal execute any deed and 112 AUSTEALIAN TEIJST COMPANY. 28 Victoria, do all sucli acts matters and things as may be required to be executed and done on behalf of the said corporation and in conformity with the provisions of the deed of settlement and of this Act. Saving the right 13. Nothing in this Act contained shall be deemed to aif ect or apply Sl.?o£'"^ to any right title or interest of Her Majesty Her Heirs or Successors or of any body or bodies politic or corporate or of any person or persons except such bodies politic or corporate and other persons as are mentioned in this Act and claiming by from or under them. To be deemed a 14. This Act shall be deemed and taken to be a public Act and shall dted L'tte'""' be judicially taken notice of as such by the Judges of the Supreme Australian Court of New South "Wales and by all other Judges Justices and others Paper Company ^j^j^.^ ^-^^ Colouy of New South Wales and its dependencies without being specially pleaded and the same whenever cited shall be sufficiently described as the " Australian Paper Company Act." AUSTRALIAN TRUST COMPANY. 20 VicTOBiA. An Act to enlarge the powers of the Australian Trust Company and to remove douhts as to the validity of Deeds executed by Agents of the Company. [23 February, 1857.] Preamble. "TTTHEEEAS by a charter or letters patent under the Great Seal of VV Grreat Britain dearing date at "Westminster the sixth day of October in the fourth year of the reign of Her Majesty Queen Victoria Her said Majesty did grant that the persons therein named and others and their successors should be one body politic and corporate in deed and in name by the name of the Australian Trust Company and by the said charter or letters patent it was declared that the said Com- pany was established for the purpose of lending and advancing money upon the security of lands situate in Her Majesty's Colonies or Settle- ments in Australia and for the other purposes thereinafter specified and by the said charter Her said Majesty did grant unto the said Com- pany and their successors that it should be lawful for the said Company for the purposes aforesaid to take hold sell and dispose of all such lands tenements and hereditaments in any of Her said Majesty's Colonies or Settlements aforesaid as might be conveyed to the said Company or any trustee or trustees for them by way of mortgage or on any trusts for sale or otherwise in the way of security for advances and to pur- chase and hold other lands tenements and hereditaments in any of Her said Majesty's Colonies and also in Great Britain and Ireland so that such lands tenements and hereditaments so purchased as last aforesaid in any of Her said Majesty's Colonies were not altogether of more than the value of one thousand pounds per annum at the time of purchase and also that such lands tenements and hereditaments in Great Britain and Ireland so to be purchased were not altogether of more than the value of one thou.sand. pounds per annum at the time of purchase and that the said Company might do all other acts and things in relation to the premises in all respects as beneficially as any other body politic or corporate or any subject of the realm was by law entitled to do and by AUSTEALIAN TEUST COMPANY. 113 the said charter Her said Majesty did will and declare that the said 20 Victoria, Company should not take any conreyance of land to such Company or to its trustees of any lands tenements and hereditaments in any of Her Majesty's said Colonies or settlements except hy way of mortgage or upon trusts for sale or otherwise bond fide by way of security for money advanced and that if in default of payment of the money which should he so secured or the interest thereof or otherwise in due course of law the said Company its trustees or agents should enter into possession or receipt of the rents and profits of any such lands tenements and hereditaments and should not within one year after such entry into / possession or receipt have sold and disposed of or transferred the same / then and in such case such Company or its trustees should with alh convenient speed after being thereunto required by writing under the hand of Her said Majesty's Grovernor or Lieutenant-Grovernor of tlae Colony or Settlement where such lands tenements and hereditame?fita should be situate or of any one of Her said Majesty's Principal Se;cre- taries of State proceed to make sale thereof or agreed for the traiasfer thereof and sell and convey or transfer and assure the same accordingly And whereas it has happened and may from time to time again happen that the same causes which disable the borrowers of money frrJm the said Company on mortgage from paying the principal or inter/sst due on such mortgages also temporarily depreciate the market valu>e of the mortgaged property and make it impossible to sell the same at • the fair average value thereof or to effect a transfer of the security lynd it is therefore expedient that the said Company should be auth/brized to continue in the possession or receipt of the rents and iiroftta of any mortgaged property after having lawfully entered into such/ possession or receipt during such time as they shall think fit without being bound to sell or transfer the same withiu the time mentioned in the, said charter and to foreclose their mortgages or to purchase the equity of redemp- tion or otherwise to compound or agree with the mortgagors or other persons interested in the property mortgaged upon terms whereby the said Company shall become the purchasers of the property mortgaged or some part thereof Be it therefore enacted by the Queen's Most Excellent Majestv^V and^jtk^e advice and consent of the Legislative Council and the- .legislative Assemfilpon^ewTS&g,!^'^ "Wales iu Parlia- ment assembled ad by the authority of the same at^ follows — 1. In all cases whje the said Company has alr^^'^^ taken or shall The company take to the Compan%to its trustees any conve-f™''° °*' ^^^^^ ^f ^"^s i?ole™*on and tenements or hered' Vnts within the Colony of/ -New South Wales hold lands until by way of mori"^e awJipon trust for sale or otA^^'^^i^® bond fide by it I^p^dienuS' way of securi^^^^fad ifadvanced and the said Ccf^V^'^J o^ i*^ trustees sell the same. in default o»_, •^^^^menctJ ai, "^i^ey which h?^^ hseu or shall have been so secur«ud a half miles djfeof or othe ^^''^i^^ in due course of law has or shal^rth-wegterly a/to possessic/'^ °'' receipt of the rents and profits of such' ere giayit oft or hereditr^™®'^*^ °^ ^^7 P^^'' tliereof it shall be lawful jste^ig spiyCompany o'^ ^*^ trustees on behalf of the Company to r^spsfeuch piession or n J>-eceipt or to let or otherwise deal with such lai^tenemen^nd heppeditaments and to hold the said lands tenememf and heredi!lfijiifi^™sold and untransferred until such time as the said Company shall deem it expedient to sell or transfer the same anything in the-' above recited charter contained and any requisition made or to be /made by the Grovernor or Lieutenant- Grovernor of the Colony of J^ew South Wales or by any of Her Majesty's Principal SecretariesJ of State to the contrary notwithstanding 114j attstealasia coal company. 20 Victoria. And further that it shall be lawful for the said Company or the trustees and may fore- of the Company on behalf of the Company to foreclose the equity of owoc^t'TOmly- redemption of any lands or other property mortgaged to the Company anoe of the or their trustees as aforesaid and to contract or agree "with the owner demption OT or owners of the equity of redemption or other person or persons coL^r absolute interested in the lands or other property mortgaged or assured as dispose'o?'^^ "" aforesaid for the purchase thereof or any part thereof and to take and lands as sufte accept to the said Company or to trustees for the said Company a so u e own _^^ absolute conveyances of all or any part of the said lands or other y property and hold the lands and other property foreclosed or purchased and to sell and dispose of or otherwise deal with the same and every l>art thereof anything in the above recited charter contained to the Hntrary notwithstanding. Conveyances \ati tit • • i t t c executed by the *{. And whereas doubts have arisen respecting the validity of con- Compaify as"''* ^^.^'^nces and other deeds executed by the attorneys or agents of the vaHdasif ®*^^^^Company in New South "Wales Be it further enacted that all Erfgiand under *^°"'^^"Vances and other deeds which have been or shall be executed by thecommon seal any PVson or persons as the attorney or attorneys of the said Company of the Company, n^ aCCL J -ii xT. x ± ■ j. I ^ ■ j "^ brdance with the terms or true intent and meaning ot any generai\^Qj special power of attorney or authority already given or to , ^■'"^'"tEter given under the common seal of the said Company shall be an (^as a^ such conveyances and deeds as are already executed) shall ® , ^®™'^'>d to have been as valid and effectual in law and to all intents ^^ ^^^l')oses as if the same conveyances or deeds had been duly xecutea i^^^ passed under the common seal of the said Company. A ^VjSTRALASIA COAL COMPANY. 39 VioTOEiA. An ^c^ Iq Q\ahle the Australasia Coal Company Limited to constriVg^ a Railway from certain Collieries near -Newcastlei to and to conne^^xtte^^ame with the (irreat Nori^ijp,..^^ii}^^, ^^^q \ngnsQi 1875.1 TT/-HEEEAS thJAustralasia Coal Company Li-Aited being a Com- ,,™i P^'^y ^^O'loi'ated under the Act W for W-geventh Victoria 'VTr ':.f ?l^ f "" r''^ ^"''"*^ °^ *^® Colon-^ispos4toria is possessed n^f fl.™ it f TT Y^'' *"^°*« °f I'^^^d ^H ^^^^'^■' ^i'ldiW Creek mthe parish of ^ewUle in the county oftJie said Comp,iand in the Colony of New SouthhVales on ^^o^ ^.i-^gage or on anylTe fields of valuable coal And wh^eas the sai\curity for advances a to facilitate communication between^ie said lan.and hereditaments/Korthern Eail Avay ]s desirous of construHing certaii\eat Brit%and is to say a line of tw^SdVhrTsn^' r#^^* A^° rn%ed a-^afa iSXut two and a halt (2i) miles distant froVe. the ^ethf Newcastle and passing m a north-westerly ai^ south-S^esterly'^fction tWh the two thousand acre grant of V Aj^^ralianAgVcultural Company thence south-westerly through thirt:^nine acres and two h mdrXnd seventy acres respectively supposed t\ be leased by Messieurs MoTe Ih^Ll'i T"^. ^7 coal-mmmg pXurposes thence south-westerly through three hundred and ten acres sVpposed to be held under lease for coal-mmmg purposes by Messieurs Vames Brown and Alexander Preamble AUSTEALASIA COAL COMPAINT. 115 "\ Brown crossing the Old Hartley Vale Eailwaj (not now in use) at a 39 VicTonii;^^ point about seventy- eight cliains from the jDoint of commencement of the said Australasia Coal-mining Company's proposed railway thence south-westerly through one hundred and fifty-six acres of land held under lease by the "Waratah Coal Company and crossing the proposed railway of the said Company at a point about one hundred and seventeen chains from the point of commencement ■ of the aforesaid Australasia Coal Company's proposed line of railway and thence continuing south-westerly through one hundred and twenty-nine acres of freehold land the property of the said Waratah Coal Company thence south-westerly through eighty-four acres also leased by the Waratah Coal Company thence south-westerly through six hundred and forty acres the property of Messieurs James Brown and Alexander Brown thence in a south-westerly direction through six hundred and forty acres the property of the Lambton or Scottish Australian Gomj)any thence south-westerly through two thousand six hundred and sixty acres the property of the Waratah Coal Company entering the two hundred and three acre block of land of the said Australasia Coal-mining Company at the eastern boundary thereof continuing thence south-westerly through the said two hundred and three acres to the south-west corner of the same thence south-westerly through forty acres known as Morley's land thence south-westerly through forty acres the freehold land of the said Australasia Coal-mining Company thence continuing south-westerly through eight hundred and fifty-one acres of the said Australasia Coal-mining Company's land to the western boundary thereof And whereas the said coal is likely to prove beneficial to the Colony and the public are concerned in promoting such an increase in and facilities for the supply of coal for local consumption steam navigation and export as would result from the construction of the said proposed railway and the trafiic on the Grreat Northern EaUway would be greatly increased thereby it is therefore desirable to authorize by legislative enactment the construc- tion of the said railway subject to the provisions hereinafter contained upon payment of compensation to the several parties through whose lands the same shall pass for such portions of their respective lands as may be required to be occupied thereby 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 foUows : — 1. It shall be lawful for the Australasia Coal-mining Company to Authority to make construct and maintaiQ the following railway that is to say a line ™",^aTr of railway to commence at the Great Northern Eailway at a point about two and a half miles distant from the port of Newcastle and passing in a north-westerly and south-westerly direction through the two thousand-acre grant of the Australian Agricultural Company thence south-westerly through thirty-nine acres and two hundred and seventy acres respectively supposed to be leased by Messieurs More- head and Young for coal-mining purposes thence south-westerly through three hundred and ten acres supposed to be held under lease for coal-mining purposes by Messieurs James Brown and Alexander Brown crossing the old Hartley Vale Eailway (not now in use) at a point about seventy-eight chains from the point of commencement of the said Australasia Coai-miniag Company's proposed railway thence south-westerly through one hundred and fifty-six acres of land 116 AUSTRALASIA COAL COMPANY. 39 ViCTOEiA. held under lease by the Waratah Coal Company and crossing the proposed railway of the said Company at a point about one hundred and seventeen chains from the point of commencement of the af oresaidl Australasia Coal-mining Company's proposed line of railway thence continuing south-westerly through one hundred and twenty-nine acres of freehold land the property of the said "Waratah Coal Company thence south-westerly through eighty-four acres also leased by the W aratah Coal Company thence south-westerly through six hundred and forty acres the property of Messrs. .Tames Brown and Alexander Brown thence in a south-westerly direction through six hundred and forty acres the property of the Lambton or Scottish Australian Company thence south-westerly through two thousand six hundred and sixty acres the property of the "Waratah Coal Company entering the two hundred and three acre block of land of the said Australasia Coal-mining Company's; land at the eastern boundary thereof continuing thence south-westerly through the said two hundred and three acres to the south-west comer of the same thence south-westerly through forty acres known as Morley's land thence south-westerly through forty acres the freehold land of the said Australasia Coal- mining Company thence continuing south-westerly through eight hundred and fifty-one acres of the said Australasia Coal- mining Company's land to the western boundary thereof the entire length of the proposed line of railway from the Great Northern Railway being about six miles and of the width of one chain or sixty-six feet And for that purpose the said Company shall subject to the provisions hereinafter contained have power to cross any existing lines of railway now uj)on the said proposed line of railway on the level in such manner as shall be approved by the Superintendent of Permanent-way and Works on the Great Northern Railway and the rails for such crossing shall be laid do^vn at the expense of the said Company under and subject to the approval of such superintendent and for that purpose to lay down such rails and execute such other works as shall be necessary for the jpurpose of such crossings Provided that the said Company shall before they shall be at liberty to cross the said railways respec- tively erect upon their own land and at all times thereafter maintain a suitable station or lodge at the place where the said railways shall cross on the level and shall also erect and maintain all necessary signals that is to say the signals in the first Schedule hereto at each of the crossings referred to and the said Company shall employ and con- stantly keep employed at their own expense at the said crossings fit and proper persons to attend to such signals and the persons 80 employed shall act under and in accordance with the regulations in the second Schedule hereto set forth No preference shall be given to the trains of any Company but the train first approaching a crossing shall have the signals lowered to enable it to pass Provided also that it shall be_ lawful to deviate from the said line of railway as described as aforesaid at a distance of ten chains on either side thereof respec- tively but not to any greater distance without the previous sanction o£ Parliament. shalite'vested ^' ^^"^ ^^^^^ ^^ ^^*^^ ^® taken under the provisions of this Act for fn the Company the purposes of the said railway together with such rights of ingress (•h„„f „.„,.ey. egress and regress upon the adjacent lands as may be necessary for the working and repair thereof shall be vested by virtue of this Act and without the necessity of any conveyance in the Australasia Coal-mining Company Provided that nothing herein contained shall prevent the o-miers of the lands to be appropriated for the purposes of such railway without conv ance. ArSTEALASIA COAL COMPANY. II7 from carrying on any mining operations lieneatli the said railway wLicli 39 Victoria, shall not interfere with the safety of the said railway and the traffic thereon and that the said Australasia Coal-mining Company shaU. have no further right to the soil of the lands beneath the surface than shall be requisite for the formation and repair of the said railway and for cutting and banking or otherwise Provided also that if in the exercise of the powers hereby granted it be found necessary to cut through raise such or use any part of any road whether carriage road or horse road so as to render it impossible for or dangerous or inconvenient to the persons entitled to the use thereof the said Australasia Coal- mining Company shall before the commencement of any such opera- tion cause a sufficient road to be made instead of any such road interfered with and shall at the expense of the said Company maintain such substituted road in a state as convenient as the road interfered with or as nearly as may be and the said Company before they use the said lands through which the said proposed line of railway is intended to pass shall if required so to do separate the same by a sufficient fence from the land adjoining thereto with such gates as may be required for the convenient occupation of such lands and shall also to all private roads used by the said Company as aforesaid put up fences and gates in like manner in all cases where the same may be necessary to prevent the straying of cattle from or upon the lands traversed by such roads And in case of any difference between the owners or occupiers of such roads and land and the said Australasia Coal-mining Company as to necessity of such fences and gates such fences and gates shall be put up by the said Company as any two Justices of the Peace shall deem necessary for the purposes aforesaid on application being made to them. 3. The said railway shall be open to the public upon payment of one Eaiiway open to penny and one half -penny per ton per mile for every transit the person *''^ P"Wio. seeking transit to supply steam locomotive power trucks waggons et cetera and to load and unload the same Provided that if the Company shall employ locomotive engines of their own upon the said railway then in such case the Company shall supply the locomotive power to persons seeking transit and shall be entitled to charge the sum of two- pence per ton per mile for every transit but the empty trucks to be conveyed on their return free of cost Provided that if the said railway shall be damaged in any way by parties using the same the Company shall be entitled to compensation for such damage to be recovered in the Supreme or any other competent Court and in estimating such damage the Company shall be entitled only to compensation for the cost of repairing and restoring such railway but not to the consequen- tial damage if any sustained by reason of the suspension of transit. 4. And be it enacted That it shall be lawful for the ovmers or Branch railways occupiers of the lands traversed by the said railway or for the said Company to lay down upon their own lands any collateral branches of Tailway to communicate with the said railway for the purpose of bringing carriages to or from or upon the said railway and the said Company shall if required at the expense of such owners or occupiers mxike openings in the rails and such additional lines of railway as may be necessary for effecting such communication in places where the communication can be made . with safety to the public and without injury to the said railway and without inconvenience to the traffic thereupon and the said Company shall not take any rate or toll or 118 AUSTRALASIA COAL COMPANY. 39 Victoria, other moneys for the passing of any passengers goods or other things along any "branch so to be made by any such owner or occupier or other person but this enactment shall be subject to the following restrictions and conditions (that is to say) — No such railway shall run parallel to the said railway the said Company shall not be bound to make any such openings in any place which they shall have set apart for any specific purpose with which such communication would interfere nor upon any incline plane exceeding one in fifty or bridge nor in any tunnel The persons making or using such branch rail- ways shall be subject to all by-laws and regulations of the said Company from time to time made with respect to passing upon or crossing the said railway and otherwise and the persona making or using such branch railways shall be bound to construct and from time to time as necessity may require to remove the off-set plates and switches according to the most approved plan adopted by the said Company under the direction of their engineer. Power to divert or alter roads. 5. Por the purjioses and subject to the provisions hereinafter con- tained it shall be lawful for the said Company their deputies agents servants and workmen and all other persons by them authorized and empowered to divert or alter the course of any road or way crossing the railway or to raise or sink any road or way in order the more conveniently to carry the same over or under or by the side of the said railway. P™=j'.*y ^P' °°t 6. If the said Company do not cause another sufficient road to be so road. made before they interfere with any such existing road as aforesaid they shall forfeit ten pounds for every day during which such substituted road shall not be made after the existing road shall have been inter- rupted and such penalty shall be paid to the trustees commissioners surveyor or other persons having the management of such road if a public road and shall be applied for the purposes thereof or in case of a private road the same shall be paid to the owner thereof and any such penalty shall be recoverable with costs by action in any competent Court. Eoad repairs. 7. If in the course of making the said railway the said Company shall use or interfere with any road they shall from time to time make good all damages done by them to such road and if any question shall arise as to the damage done to any such road by the said Company or as to the repair thereof by them such question shall be referred to the determination of two Justices and such Justices may direct such repairs to be made upon such road in respect of damage done by the said Company and within such period as they may deem reasonable and may impose on the said Company for not carrying into effect such directions any penalty not exceeding five pounds as to such trustees shall seem fit and any such penalty shall be paid to the surveyor or other person having the management of the road interfered with by the said Company if a public road and be applied for the purposes of such road and if a private road the same shall be paid to the owner thereof Provided always that the said Justices shall have regard to and make full allowance for any tolls that may have been paid by the said Company on such road in the course of using the same. ATJSTEALASIA COAL COMPACT. 119 8. If the said line of railway cross any public highway or parish road 39 Victoeia. then either such road shall be carried over the railway or the railway Bridges to be shall be carried over such road in either case by means of a bridge of ^hSe raUway the length and width and with the ascent or descent by this Act in that crosses highway, behalf hereinafter provided And such bridge with the immediate approaches and all other necessary works connected therewith shall be executed by and be at all times thereafter maintained at the expense of the said Company Provided that with the consent of the Grovernor with the advice of the Executive Council it shall be lawful for the said Company to carry the railway across any highway on the level. 9. If the railway cross any public highway or parish road on a level Provisions in the said Company shall erect and at all times maintain good and roads arsfcrossed sufS.cient gates across such road on each side of the railway where the on a level, same shall communicate therewith and shall employ proper persons to open and shut such gates and such gates shaU be kept constantly closed across such roads on both sides of the railway except during when horses cattle carts or carriages passing along the same shall have to cross such railway and such gates shall be of such dimensions and so constructed as when closed to fence in the railway and prevent cattle or horses passing along the road from entering upon the railway and the person entrusted with the care of such gates shall cause the same to be closed as soon as such horses cattle carts or carriages shall have passed through the same under a penalty of forty shillings for every default therein Provided always that it shall be lawful for the Secre- tary for Public Works in any case to order that such gates shall be kept closed across the railway instead of across the road and in such case such gates shall be kept constantly closed across the railway except when engines or carriages or other vehicles passing along the railway shall have occasion to cross such road in the same manner and under the like penalties as above directed with respect to the gates being kept closed across the road. 10. In case of accidents or slips happening or being apprehended to Power to enter the cuttings or embankments or other works of the said railway it shall J^p"^" to''°epSf be lawful for the said Company and their workmen and servants to accidents enter upon the land adjoining thereto at any time whatsover for the certata purpose of repairing or preventing such accidents and to do such works restrictions, as may be necessary for the purpose Provided always that such works shall be as little injurious to the said adjoining lands as the nature of the accident or apprehended accident will admit of and shall be executed with all possible dispatch and full compensation shall be made to the owner or occupier of such lands for the loss or injury or inconvenience sustained by them respectively by reason of such works the amount of which compensation in case of any dispute about the same shall be settled by arbitration in the manner hereinafter mentioned And pro- vided also that no land shall be taken permanently for any such works otherwise than is herein provided with respect to the lands originally taken for the purpose of making the said railway. 11. Everv bridge to be erected for the purnose of carrving the rail- Construction of . -^ I/O Driuffcs ovsr way over any road shall be built in conformity with the following regu- roads, lations (that is to say) — • The width of the arch shall be such as to leave thereunder a clear space of not less than thirty feet if the arch be over a public highway and of twenty feet if over a parish road and of twelve feet if over a private road. 120 AUSTEALASIA COAL COMPANY. 39 ViCTOEiA. The clear height of the arch from the surface of the road shall not be less than sixteen feet for the space of twelve feet if the arch he over a turnpike road and iif teen feet for the space of ten feet if over a puhlic carriage road and in event of such cases the clear height at the springing of the arch shall not he less than twelve feet the clear height of the arch for a space of nine feet shall not he less than fourteen feet over a private road. The descent made in the road in order to carry the same under the bridge shall not be more than one foot in thirty feet if the bridge be over a puhlic highway one foot in twenty feet if over a parish road and one foot in sixteen feet if over a private road not being a tramroad or railroad or if the same be a tramroad or railroad the descent shall not be greater than the ruling gradient of such tramroad or railroad. Construction of 12. Every bridge erected for carrying any road over the railway shall railroads. bo built in conformity with the following regulations that is to say — There shall be a good and sufficient fence on each side of the bridge of not less than four feet and on each side of the immediate approaches of such bridge of not less than three feet The road over the bridge shall have a clear space between the fences thereof of thirty-five feet if the road be a public highway and twenty-five feet if a parish road and twelve feet if a private road The ascent shall not be more than one foot in thirty feet if the road be a turnpike road one foot in twenty feet if a parish road and one foot in sixteen feet if a private road not being a tramroad or railroad or if the same be a tramroad or railroad the ascent shall not be greater than the ruling gradient of such tramroad or railroad. Existing inciina- 13. Provided always that if the mesne inclination of any road within crrase/or ^ two hundred and fifty yards of the point of crossing the same or the •i^^^T^fi need inclination of such portion of any road as may require to be altered or ' for which another road shall be substituted shall be steeper than the inclination hereinbefore required to be preserved by the said Company then the said Company may carry any such road over or under the railway or may construct such altered or substituted road at an inclina- tion not steej)er than the mesne inclination of the road so to be crossed or of the road so requiring to be altered or for which another road shall be substituted, worksfor 14. The said Company shall make and at all times thereafter main- beneflt of owners j.iii.n. icji ij. p ,-i -i tarn the loilowmg works tor the accommodation ot the owners and occupiers of lands adjoining the railway that is to say — Gates bridges Siich and SO many gates bridges arches culverts and passages over under or by the side of or leading to or from the railway as shall be necessary for the purpose of making good any inter- ruptions caused by the railway to the use of the lauds through which the railway shall be made and such works shall be made forthwith after the part of the railway passing over such lands shall have been laid out or formed during the formation thereof Fsni^s. All sufficient posts rails hedges ditches mounds or other fences for separating the lands taken for the use of the railway from the adjoining lands not taken and protecting such lands from trespass or the cattle of the owners or occupiers thereof from ArSTEALASIA COAL COMPANY. 121 straying thereon by reason of the railway together with all 39 Victoria. necessary gates made to open towards such adjoining lands and not towards the railway and all necessary stiles and sunk posts rails and other fences shall be made forthwith after the taking of any such lands if the owners thereof shall so require and the said other works as soon as conveniently may be Also all necessary arches tunnels culverts drains or other passages Drains, either over or under or by the sides of the railway of such dimensions as will be sufficient at all times to carry the water as clearly from the lands lying near or affected by the railway as before the making of the railway or as nearly so as may be and such works shall be made from time to time as the railway works proceed Provided always that the said Company shall not be required to make such accommodation works in such a manner as would prevent or obstruct the working or using of the railway nor to make aiiy accommo- dation works with respect to which the owners and occupiers of the lands shall have agreed to receive and shall have been paid compensa- tion instead of the making them. 15. If any person omit to shut and fasten any gates set up at either penalty on side of the railway for the accommodation of the owners or occupiers ^^Xut gSes''"^ of the adjoining lands so soon as he and the carriage cattle or other animals under his care have passed through the same he shall forfeit for every such offence any sum not exceeding ten pounds. 16. The said Company shall not be entitled to any mines of coal Minerals not to iron-stone slate or other minerals under any land whereof the surface p"^^" is vested in them by virtue of this Act except only such parts thereof as shall be necessary to be dug or carried away in the construction of the works hereby authorized and such mines shall not be deemed to vest in the said Company. 17. If within twenty-eight days of the passing of this Act the said Compensation persons through whose lands the railway shall pass or any of them °'^""' and the said Comi^any shall not agree as to the amount of compensa- tion other than that provided for by section thirty of this Act to be paid by them for the said lauds belonging to the said parties or any of them or for any damage that may be sustained by them or him by reason of the execution of the works or if any other question as to compensation shall arise under this Act the amount of such compensa- tion shall be settled by arbitrators in manner hereinafter mentioned that is to say — Unless both parties concur in the appointment of a single arbi- Appointment of trator each party on the request of the other shall nominate and appoint an arbitrator to whom such dispute or other matter shall be referred and any appointment of an arbitrator shall be under the hand of such party and such appointment shall be delivered to the arbitrator or arbitrators and shaU be deemed a submission to arbitration on the part of the party by whom the same shall be made and after any such appoint- ment shall have been made neither party shall have power to revoke the same without the consent of the other nor shall the death of either party operate as a revocation and if for the space of fourteen days after such dispute or other matter 122 •AIJSTEALASIA COAL COMPANY. 39 VlCTORU. Vacancy of arbitrator to be supplied. Appointment of umpire. shall have arisen and after a request in writing shall have been served by the one party on the other ;party to appoint an arbitrator such last-mentioned party shall fail to appoint such arbitrator then upon such failure it shall be lavsrful for the Attorney- Greneral for the time being of the said Colony on the application of the party who has himself appointed an arbitrator to appoint such arbitrator to act on behalf of both parties and such arbitrator may proceed to hear and determine the matters which shall be in dispute and in such case the award or determination of such single arbitrator shall be final and conclusive. 18. If before the matter so referred shall be determined any arbi- trator appointed by either party shall die or become incapable or refuse or for fourteen days neglect to act as arbitrator the party by whom such arbitrator was appointed may nominate and appoint in writing some other person to act in his place and if for the space of seven days after notice in writing from the other party for that purpose he fail to do so the remaining or other arbitrator may proceed alone and every arbitrator so to be substituted as aforesaid shall have the same powers and authorities as were vested in the former arbitrator at the time of such his death refusal neglect or disability as aforesaid. 19. Where more than one arbitrator shall have been- appointed such arbitrator shall before they enter upon the matters referred to them nominate and appoint by writing under their hands an umpire to decide any matters on which they shall differ or which shall be referred to them under the provisions of this Act and if such umpire shall die or refuse or for seven days neglect to act after being called upon so to do by the arbitrators or either of them they shall forthwith after such death refusal or neglect appoint another umpire in his place and the decision of every such umpire on the matters so referred to him shall be final. 20. If in either of the cases aforesaid the arbitrators shall refuse or for seven days after request of either party to such arbitrators neglect to appoint an umpire it shall be lawful for the Attorney- General for the time being on the application of either party to such arbitrators to appoint an umpire, and the decision of such umpire on the matters on which the arbitrators differ shall or which shall be referred to him under this Act shall be final. SB'ingie°Lbitm'^ ^^- ^^ when a single arbitrator shall have been appointed such tor the matter to arbitrator shall die or become incapable or shall refuse or for fourteen mrof^'""^'^^ days neglect to act before he shall have made his award the matters referred to him shall be determined by arbitration under the provisions of this Act in the same manner as if such arbitrator had not been appointed. 22. If when more than one arbitrator shall have been appointed and when neither of them shall die become incapable refuse or neglect to act as aforesaid such arbitrators shall fail to make their award within fourteen days after the day on which the last of such arbitrators shall have been appointed or within such extended term (if any) as shall have been appointed for that purpose by both of such arbitrators under their hands the matters referred to them shall be determined by the umpire to be appointed as aforesaid. Attorney- General to ap- point umpire. If arbitrators fail to make their award within fourteen days the matter to go to the umpire. AUSTRALASIA COAL COMPANY. 123 23. The said arbitrator or arbitrators or Ms or their umpire may 39 Victokia. call for the production of any documents in the possession or power of Powers of arbi- either party which they or he may think necessary for determining the fJ^^bJoks °*" questions in dispute and may examine the parties or their witnesses on oath and admiaister the oaths necessary for that purpose. 24. Before any arbitrator or umpire shall enter upon the considera- Arbitrator or tion of any matter referred to him he shall in the presence of a Justice S^i^'ration?*''^ of the Peace make and subscribe the following declaration (that is to say)— " I A.B. do solemnly and sincerely declare that I will faithfuUy and honestly and to the best of my skill and ability hear and determine the matters referred to me under the provisions of the Australasia Coal-mining Company's Act of 1875. Made and subscribed in the presence of A.B." And such declaration shall be annexed to the award when made and if any arbitrator or umpire haying made such declaration shall wilfuUy act contrary thereto he shall be guilty of a misdemeanour. 25. AH the costs of any such arbitration and incident thereto shall Costa of arbitrar be in the discretion of the arbitrators and the costs of the arbitrators *'™' shall be borne by the parties in equal proportions unless the amount awarded shall be one-fourth less than the amount which shall have been offered by the said Company in which case the whole costs of the arbitrators and also the costs of and incident to the said arbitration shall be paid by the claimant Provided that if either party shall be dissatisfied with the costs allowed by the said arbitrators as aforesaid the costs may be taxed by the Prothonotary or other proper officer of the Supreme Court and the amount allowed by such officer shall be the amount of costs to be paid. 26. The arbitrator arbitrators or umpire shall deliver their or his Award to be award in writing to the said Company who shall retain the same and saidcompany.^ shall forthwith on demand at their own expense furnish a copy thereof to the other party and shall at all times on demand produce the said award and allow the same to be inspected or examined by such party or any person appointed by him for that purpose and the amount awarded shall be paid within sixty days after the publication of such award. 27. The submission to any such arbitration may be made a rule of Submission the Supreme Court on the application of either of the parties Pro- q^^*"^^"' vided always that it shall in the first instance have been agreed by both parties that the submission to arbitration may be so made a rule of the Supreme Court. 28. No award made with respect to any question referred to arbitra- Award not void tion under the provisions of this Act shall be set aside for irregularity i^fo^ '"^°'^ or error in matter of form. 29. In estimating the purchase money or compensation to be paid Purchase money by the said Company regard shall be had by the arbitrators not only to tiin how'to be the value of the land to be taken by the said Company but also to the estimated. 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. 124 ArSTEALASTA COAL COMPANY. 39 Victoria. 30. In every case where the said Company shall take temporary compensation possession of lands hy virtue of the powers hereby granted it shall be to be made for incumbent on them within three mouths after entry upon such lands S^S upon being required so to do to pay to the occupier of the said lands the value of any crop or dressing that may be thereon and damaged or injured by such entry as well as full compensation for any other damage of a temporary nature which he may sustain by reason of such entry°and shall also from time to time during their occupation of the said lands pay half-yearly to such occupier or to the owner of the lands as the case may require a rent to be fixed by two Justices in case the parties differ and shall also within twelve months after such entry pay to such owners and occupiers or deposit in the Bank for the benefit of all parties interested as the case may require compensation for all perma- nent or other loss damage or injury that may have been sustained by them by reason of the exercise as regards the said lands of the powers hereby granted including the full value of all clay stone gravel sand and other things taken from such lands. Lands belonging 31. Nothing in this Act contained shall be deemed to authorise the (or*ESiway8°not Company to take or enter upon any lands belonging to the Commissioner to'be taken and for Eailways Or to alter or interfere with the Great Northern Eailway or Mw°not to" any of the works thereof further or otherwise than is necessary for be altered nor making the junction and intercommunication between the railways interfered with, .^^-^j^^^^ ^j^g previous couseut in writing in every instance of the Com- missioner for Eailways. Commissioner 32. The Commissioner shall from time to time erect such signals and may erect signals conveniences incident to the junction either upon his own lands or on watchnienand the lands of the Company and may from time to time appoint and switchmen. remove such watchmen switchmen or other persons as may be neces- sary for the prevention of danger to or interference with the traffic at or near the junction. Working of 33. The working and management of such signals and conveniences under^eguiation wlierevor situate shall be under the exclusive regulation of the Com- et Commissioner missiouer for Eailways and all the expenses connected with such bepaw'by^^ ° junction and of erecting and maintaining all works in connection there- Company, with and of employing watchmen switchmen and other persons and all incidental current expenses shall at the end of every half year be repaid by the Company and in default thereof may be recovered from them in any Court of competent jurisdiction. Government 84. Nothing herein contained shall alter repeal or otherwise affect the STaUer'^' aovcrnment Eailways Act of 1858. Interpretation 35. The following words in this Act shall have the meaning hereby '' assigned to them unless there be something either in the subject or con- text repugnant to such construction The word " Company" shall mean the Australasia Coal-mining Company (Limited) The word " Eailway" shall mean the railway hereby authorized to be constructed and in citing this Act it shall be sufficient to use the expression the Australasia Coal-mining Company's Eailway Act of 1875 The word " Justices" shall mean Justices of the Peace in and for the territory of New South Wales and where any matter shall be authorized or required to be done by two Justices the expression " Two Justices" shall mean two Justices assembled and acting together in Petty Sessions and where under the provisions of this Act any notice shall require to be given to the owner clause. AU8TEALASIA COAL COMPANY. 125 of any land or where any act shall be authorized or required to be done 39 Victoria. with the consent of any such owner the word " Owner" shall be under- stood to mean any person or corporation who under the provisions of this Act would be able to sell land to the said Company. PIRST SCHEDULE. The crossings of the Australasia Coal-mining Company's Railway with any other Signals for each railway shall be protected by six signals two of which shall be placed at each of crossing viz. two the crossings respectively and shall be called "crossing signals" the other four and four distance shall be called " distance signals." Each of the distance signals shall be fixed at signals. about four hundred yards from the intersection of the lines of railway respectively. Twelve signals The crossing signals shall be thirty feet in height and have each two semaphore for the two arms with lamps complete. crossings. One of these signals shall be placed on the " down" side of the lines to be crossed respectively and on the eastern side of the Australasia Coal-mining Company's line. The other shall be placed on the " up" side of the said lines to be crossed and on the western side of the Australasia Coal-mining ■ Company's line. The signals on the " down" side of the lines to be crossed shall be for the trains of the owners of the lines so crossed by the said railway and the signal on the ' ' up" side shall be for the Australasia Coal-mining Company's trains. SECOND SCHEDULE. The arms of the crossing signals shall never be lowered to " all right" but shall stand at "danger" except when lowered to " caution" to allow a train to pass through. The engine-driver requiring to pass along any of the lines so crossed by the said railway shall give one long whistle and th3 engine-driver requiring to proceed along the Australasia Coal Company's line shall give two short whistles. The distance signals shall always stand at " danger" except when the arm is lowered to ' ' caution" to admit a train. On the approach of a train from Newcastle on either of the lines so crossed by the said railway one long whistle shall be given and the signal-man it the line be clear shall lower the arm of the distance signal to "caution" and at the same time lower the arm of the crossing signal on the left side of the post also to "caution." If a train approach the crossing from the pits of either of the said two lines to be crossed on one long whistle being given if the line be clear the signal-man shall lower the arm of the distance signal to " caution" and at the same time also lower to " caution" the arm of the crossing signal on the left side of the post. On the approach of a train from the direction of Newcastle on the Australasia Coal Company's line on two short whistles being given the signal-man if the line be clear shall lower the distance signal arm to " caution" at the same time lower the crossing signal arm on the left side of the post also to ' ' caution. " If a train approach on the Australasia Coal Company's line from the pits (or in the "up" direction) two short whisthss shall be given and if the line be clear the signal-man shall lower the arm of the distance signal to ' ' caution" and at the same time lower to " caution" the arm on the left side of the post of the crossing signal. If the crossing be approached by night in any direction the " caution" signal shall be a green light and the train may proceed. All trains approaching the crossing in any direction must be driven at such speed as will enable the driver to bring his train to a stand before passing the distance signal should the " danger" signal be exhibited. After coming to a stand the train must be immediately drawn inside the distance signal so as to protect it from any train that may be following on the same line of rails. The whole of the signals belonging to these crossings shall stand only at " danger'' or " caution." The danger signal shall be the semaphore arm raised on the left side of the post at right angles thereto and at night a red light. The caution signal by day shall be the semaphore arm lowered on the left side of the post to an angle of forty-five degrees and at night by a green light. The red light signal or the semaphore arm raised at right angles to the post shall denote that the line is not clear and that the train must be brought to a stand as rapidly as possible. The green light signal or the semaphore arm lowered to an angle of forty-five degrees with the post shall denote that the train may proceed. 126 AUSTEALASIAN COAL-MININa COMPANY. 39 ViciOBIA. No train shall pass over the crossing at a greater speed than ten miles an hour. The signal-man in charge of these crossings respectively will be held responsible for the proper working of all the signals in accordance with these regulations and any infringement of which by the engine-driver or others shall be immediately reported by them to the managers of the respective Companies. The four distance signals shall have one arm each and be worked by levers one to each signal fixed on the platform to the signal-box and the crossing signals shall have two arms each worked by stirrups one for each arm and lamp fixed alongside the levers for the distance signals so that the whole signal arrangements for each of these crossings will be entirely under the easy control of one man. When night trains are running the lamps shall be lighted at sundown and the signal-men will be held responsible for the proper burning of the lights of all the signals. After the passing of the last train the lights of the signals shall be immediately put out. All the distance signals at each crossing shall have back lights white and green which can be seen from the signal-man's box and by these it can be known if the signal lights are burning properly. The white back light shall denote that a green light is shown on the face of the lamp and the green back light that a red light is being exhibited on the face of the signal. By the " up" trains shall be understood those running from the coal-pits to New- castle or Port Waratah and by "down" trains shall be understood those running from Newcastle or Port Waratah to coal-pits. AUSTRALASIAN COAL-MINING COMPANY. 17 Victoria. An Act to incorporate a Company called the Australa- sian Coal-mining Company and for other purposes therein mentioned. [10 Octoher, 1853.] Preamble. "\T7 HEE.BAS a Company has been established in London for the V T purposes hereinafter mentioned under the style of the Aus- tralasian Coal-mining Company with a capital to consist of two hundred thousand pounds in forty thousand shares of five pounds each with power to increase the capital to four hundred thousand pounds and the same has been provisionally registered in England according to the Act of Parliament in that behalf made And whereas of the said shares thirty-seven thousand six hundred have been subscribed for and allotted in England and two thousand four hundred have been reserved for allotment in the Australasian Colonies And whereas a deposit or first call of one pound per share has been paid upon each of the said thirty-seven thousand six hundred shares so subscribed for and allotted in England And whereas Eichard Henry Brown heretofore of the city of Sydney but now residing in London Esquire George Bovmess Carr of Lawrence Pountney Lane in the city of London Esquire Eobert Campbell of the city of Sydney but now absent in England Esquire "William Pane de Salis heretofore of Sydney aforesaid but now residing in London Esquire Eichard Maxwell P^ox Member for the county of Longford in the Imperial Parliament of the United Kingdom the Honorable John Leslie Poster of Melbourne Colonial Secretary for the Colony of Victoria Patrick Douglass Hadow of the city of London one of the directors of the Peninsular and Oriental Steam Navigation Com- pany Charles John Mare Member for the borough of Plymouth in the Imperial Parliament of the United Kingdom Eobert Scott a captain in the Honorable the East India Company's Naval Service and Adolphus William f oung of Sydney but now absent in England Esqu.ire are the AUSTEALA.SIAN COAL-MINING COMPANY. 127 present provisional directors of the said Company And whereas by in- 17 Viotoeia. denture made the fifteenth day of March last past after reciting amongst other things the agreement to form the said Company and the payment of the said deposit hut that the same (less expenses incurred) was to be returned to the subscribers in case a Eoyal charter should not be granted conferring the privilege of limited liability or limited liability should not be obtained by an Act of the Legislature of New South Wales or Act of the Imperial Parliament the subscribers to the capital of the said Company did covenant and agree (amongst other things) that they or their respective executors or administrators should and would respectively pay all calls which should be made on them respec- tively by the board of directors of the said Company as therein pro- vided in respect of their shares and should and would execute in due form of law the deed of settlement of the Company to be prepared as thereinafter provided and that the general objects of the Company should be to work coal-mines and coal in Australasia including New Zealand and to purchase coal-mines and mineral land containing coal and to sell coal in the different parts of the Australasian Colonies and to supply and consign coals to China India the Cape of Good Hope and the Continent of North and South America and the Islands of the Pacific for sale and to do all other things necessary for the full develop- ment and profitable extension of the coal resources of the said Colonies and each of the said subscribers did thereby authorize the board of directors therein mentioned to narrow or extend the objects of the Company as might be necessary provided the objects of the Company as thereia stated should be substantially adhered to and to take all such steps as they should think expedient for establishing the said Company and for obtaining a charter and for obtaining any Acts of the respective Colonial Legislatures of the said Colonies for limited liability and otherwise carrying out the said objects and to direct and take all such preliminary measures and make all such preliminary arrangements as should be deemed by them to be necessary or convenient in order to the complete formation and constitution of the Company and the said several persons hereinbefore named being subscribers to the said Com- pany were thereby nominated and appointed the board of directors to act until the charter should be obtained And whereas it is intended and agreed by the said subscribers that in case limited liability should be obtained by charter or by an Act of the Governor and Council of New South Wales a proper deed of settlement of the said Company shall be prepared and executed by them containing all such covenants on the part of the shareholders of the Company and all such other regulations and provisions as to the said board of directors shall seem proper and as may be required by the charter or by the board of trade or other competent authority but that in case a Royal charter of incorporation shall not be obtained within twelve months from the date of the said indenture or in case an Act of the Legislative Council of New South Wales so incorporating the Company as to confer limited liability shall not be obtained within twenty-four months from the said date a meet- ing of the said subscribers shall be called which shall have power to decide whether the said Company shall continue or be dissolved And whereas the said directors are desiroiis on behalf of the said Company of obtaining an Act of the Governor and Legislature of this Colony to incorporate the said Company and have petitioned the said Legislative Council to grant the same And whereas it is expedient to incorporate the said Company accordingly and to make such provision in relation 128 17 Victoria. Company incorporated. Objects of the Company. Capital. Deed of settle- ment to be xccuted. Regulations of such deed to be by-laws. AUSTRALASIAN COAL-MINING COMPANY. ttereto as hereinafter is contained Be it therefore enacted by His Excellency the G-overnor of New South Wales with the advice and con- sent of the Legislative Council thereof as follows — 1. The persons hereinbefore named and all others the subscribers to the capital of the said Company now holding shares therein and such other persons as shall hereafter in the manner to be prescribed in the deed of settlement to be executed and registered as hereinafter mentioned become shareholders in the said Company shall whilst hold- ing shares in the capital of the said Company be one body politic and corporate in name and deed by the name of the Australasian Coal-mining Company for the purposes hereinafter named and by that name shall and may sue and be sued implead and be impleaded in all Courts whatever of law and equity and shall have perpetual succession with a common seal which may be altered varied and changed from time to time at the pleasure of the corporation but subject to the pro- visions hereinafter contained. 2. The said Company shall be established for the purpose of working coal-mines and coal in New South "Wales and in other parts of Aus- tralasia inclusive of New Zealand and of purchasing and leasing coal- mines and mineral land containing coal and of selling coal in the differ- ent parts of the Australasian Colonies and of supplying or consigning coal to China India the Cape of Good Hope the Continent of North and South America and the Islands of the Pacific and elsewhere for sale and for doing all other things necessary for the full development and profit- able extension of the coal resources of New South Wales and of Her Majesty's other Australasian Colonies. 3. The capital of the said Company shall consist in the first instance of the sum of two hundred thousand pounds to be divided into forty thousand shares of five pounds each and such capital may be increased to an extent not exceeding four hundred thousand pounds in the whole by the creation of additional shares. 4. A deed of settlement of the said Company shall within the period of twelve months from the passing thereof be executed by the persons who shall then be shareholders of the said Company whereby provision shall be made for the due management of the afEairs thereof by directors to be from time to time appointed by or under the authority of the holders of shares in the capital stock of the Company and which shall contain all such proper and usual laws rules regulations clauses and agreements as the parties thereto shall think fit and as shall be consistent and com- patible with the provisions of this Act and of all the other laws and statutes in force within this Colony and as shall be agreeable with the scope and object or true intent and meaning of the said recited inden- ture and of the laws or statutes in force in the said Colony. 5. The laws rules regulations clauses and agreements in the said deed of settlement or to be made under or by virtue or in pursuance thereof shall be deemed the by-laws for the time being of the said corporation provided that no rule or by-law shall on any account or pretence what- soever be made by the said corporation either in or under or by virtue of the deed of settlement to be executed as aforesaid or of this Act in opposition to the general scope or true intent and meaning of the said recited indenture of the fifteenth day of March one thousand eight hundred and fifty-three or of this Act or of any of the laws or statutes in force in this Colony. AUSTEALASIAN COAL-MININ& COMPANY. 129 6. A copy of the said deed of settlement attested by the manager or 17 Victokia. secretary and one of the directors of the said Company to be a true copy of deed to transcript of the original deed shall within fifteen months from the day *>' registered. of the date of the passing of this Act of Council be registered in the office for the registration of deeds at Sydney and an endorsement thereon of the registration thereof signed by the proper officer for such registration shall be deemed evidence of such registration in all Courts and for all purposes whatsoever and an office copy of such registered copy shall also be deemed and taken as evidence in all Courts and for all purposes whatsoever as fuUy as the original deed. 7. The capital of the said Company however invested or employed Capital to be and all the funds and property of the said Company and the several p^'*°"*' ^'*'*'^- shares therein and the profits and advantages to be derived therefrom shall be and be deemed personal estate and shall be transferable and transmissible accordingly subject to the regulations in that behalf to be contained in the said deed of settlement. 8. The Company shall not be bound in any manner by any trusts or Tiie Company equitable interests or demands afEecting any share or shares of the not bound to -*■ .. 1 . 1. . jT f. o J ,.■,-, notice trusts on capital standmg m the name 01 any person as the ostensible pro- which shares prietor thereof or be required to take any notice of such trusts or ™"'^' ^'^ ^^'''' equitable interests or demands but the receipt of the person in whose name the shares shall stand in the books of the Company shall notwithstanding such trusts or equitable interests or demands and notice thereof to the said Company be a good valid and conclusive discharge to the Company for or in respect of any dividend or other money payable by the said Company in respect of such shares and a transfer of the said shares by the person in whose name such shares shall so stand shall notwithstanding as aforesaid be binding and con- clusive as far as may concern the said Company against all persons claiming by virtue of such trusts or equitable interests or demands Provided always that it shall be competent to the board of directors of the said Company or the officers charged with the management of the affairs of the Company within the colony if they shall think fit so to do to withhold payment of the dividends on any such shares and to refuse to sanction the transfer of such shares in any case in which the said Company shall have had notice of any claim under an alleged trust or equitable interest or demand and when such claim shall appear to the said board of directors or managing officers to be well-founded And provided also that nothing herein 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 Company in respect of any such shares or the ta-ansf er thereafter of any such shares or to direct the payment of such dividends or other money by the Company or the transfer of such shares by the person in whose name or names they may stand to such other person as such Court may thiuk fit. 9. The board of directors of the said Company and also the officers General powers charged with the management of the affairs of the Company within the °^ ^"'"'^'^^■ colony shall have full power and authority to enter into all contracts on behalf of the said Company and to make and execute aU purchases sales assurances and other acts to which the corporate seal shall be required to be affixed and generally to do all acts which they shall consider necessary for the well ordering the affairs of the said Company and to execute all the powers in relation to the said Company as if the 130 AIJSTEALASIAN COAL-MINING- COMPANY. Powers as to the purchase lease or sale of lands. 17 VicTOEiA. same were done with the assent of the whole body so as the same be done in conformity with the provisions of this present Act and of the said deed of settlement 10. It shall be lawful for the said Company to purchase take hold and enjoy to them and to their successors and to acquire upon lease on such terms as the board of directors or the officers charged -wdth the management of the affairs of the Company mthin the Colony may from time to time think expedient any fields or mines of coal or the privilege of working coal in the said Colonies of Australasia including New Zealand and to purchase or procure on lease any land in the said Colonies which shall from time to time be necessary or proper for the purpose of managing conducting and carrying on the affairs concerns and business of the said Company but not for any other purposes but nevertheless with power to sell convey and dispose of the same respectively when not wanted for the purposes of the said business. Power to other persons to con- vey lands to the corporation. Power to borrow not exceeding £50,000. Register of shareholders to be kept and authenti- cated yearly by Company's com- mon seal. Shareholders' address book to be kept. Duplicate copy thereof to be transmitted to the Colony. 11. It shall be lawful for all persons who are or shall be otherwise competent to grant sell demise assign alien and convey unto and to the use of the said Company and their successors for the purposes afore- said any such coal fields and mines of coal- works houses outbuildings ofiices docks wharfs lands and other hereditaments and property whatsoever as aforesaid accordingly. 12. It shall be lawful for the said Company with the consent of the Grovernor of the Colony of New South "Wales under his hand first had and obtained to take up and borrow at interest by bond or otherwise under their corporate seal for the purposes of their business any sum of money not exceeding in the whole the sum of fifty thousand pounds. 13. The corporation shall keep a book to be called the Eegister of Shareholders and in such book shall be fairly and distinctly entered from time to time the names and additions of the several persons entitled to shares in the corporation together with the number of shares to which such shareholder shall be respectively entitled distin- guishing each share by its number and the amount of the subscriptions paid on such shares and the surnames or corporate names of the said shareholders shall be placed in alphabetical order and such book shall be authenticated by the common seal of the corporation being affixed thereto and such authentication shall take place at the first yearly general meeting of the said corporation which shall take place after the passing of this Act or at the next subsequent meeting of the corporation and so fi'om time to time at each yearly general meeting of the corporation. 11. In addition to the said register of shareholders the corporation shall provide a book to be called the Shareholders' Address Book in which the secretary shall from time to time enter in alphabetical order the corporate names and places of business of the several shareholders of the Company being corporations and the surnames of the several other shareholders with their respective christian names places of abode and description so far as the same shall be known to the corporation. 15. Duplicate copies of such register of shareholders and shareholders' address book authenticated in the manner hereinbefore prescribed in respect cf the original register shall from time to time within one calendar mouth next after the completion of such original register be AUSTRALASIAN COAL-MINING- COMPANY. 131 transmitted to some or one of the oiEcers entrusted with the manage- 17 Victoeia. ment of the affairs of the Company within the Colony to be deposited in the office of the corporation in Sydney. 16. The production of the register of shareholders whether original As to proof of or duplicate shaU be prima facie evidence of the person named therein, hoidra-? ^ ^^^' as a shareholder being a shareholder and of the number and amount of his shares and every shareholder or person having a judgment at law or a decree in equity against the said corporation may at all con- venient times peruse the said register of shareholders and shareholders' address book whether originator duplicate book gratis and may require a copy thereof or of any part thereof and for every one hundred words so required to be copied the Company may demand a sum not exceeding one shilling. 17. If any execution either at law or in equity shall have been issued Execution against the property or effects of the said corporation and if there holders.' °''^" cannot be found sufficient corporate property whereon to levy such execution then such execution may be issued agaiast any of the share- holders for the time being of the said corporation Provided always that no such execution shall issue against any such shareholder except upon the order of the Court ia which the action suit or other proceeding snail have been brought or instituted made upon motion in open Court after sufficient notice in vrriting to the persons sought to be charged and upon such motion such Court may order execution to issue accordiugly Provided that in the event of the assets of the said Com- Proviso as to pany being insufficient to meet its engagements then and in that case ''™' °^ 'labiiity. the shareholders respectively shall be responsible to the extent of the amount of their subscribed shares only in addition to such subscribed shares. 18. If by means of any such execution any shareholder shall have Eeimbursement paid any sum of money beyond the amount then due from him in respect ° ^ ^'•^ ° ^'^^• of calls he shaU forthwith be reimbursed such additional sum by the directors out of the funds of the corporation. 19. The directors for the time being of the said Company shall have Directors to iiave the custody of the common seal of the said Company as such corpora- common°seai. tion as aforesaid and the form thereof and all other matters relating thereto shall from time to time- be determined by a board of directors of the said Company in the same manner as shall" be provided by such deed of settlement as aforesaid for the determination of other matters by the board of directors of the said Company and the directors present at a board of directors of the said Company shall have power to use the common seal of the said Company for the affairs and concerns of the • said Company and under such seal to authorize and empower any person without such seal to execute any deeds and do all or any such other matters and things as may be required to be executed and done on behalf of the said Company and in conformity with the provisions of the deed of settlement and of this Act but it shall not be necessary to use the corporate seal ia respect of any of the ordiuary business of the Company or for the appointment of an attorney or solicitor for the prosecution or defence of any action suit or proceeding. 132 AUSTRALASIAN MINERAL OIL COMPANY'S INCORPORATION. 29 Victoria. Preamble, An Act to incorporate the Australasian Mineral Oil Company. [7 April, 1866.] XT/'HEEEAS a Joint Stock Company called the Australasian V T Mineral Oil 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 settlement bearing date the twenty-fifth day of October in the year of our Lord one thousand eight hundred and sixty-five purporting to be the deed of settlement of the said Company And whereas by the said deed of settlement the several parties thereto have respectively and mutually covenanted and agreed that they whilst holding shares in the said Company shall be remain and continue a Joint Stock Company for the express object of carrying on the business thereof under the name style and title of the " Australasian Mineral Oil Company" for extract- ing and manufacturing oils and other articles from with and out of mineral and other substances for refining any such oils and other articles and for exporting selling and disposing of any such oils and articles refined or otherwise for purchasing and taking on lease and holding lands tene- ments mines and hereditaments for selling letting and disposing of the same for working or contracting for the working of the minerals in or upon any land or mines of which the said Company may from time to time be owners or lessees for raising obtaining purchasing using export- ing selKng and disposing of minerals and other substances and articles for testing the mining capabilities of any land purchased or taken on lease or intended to be purchased or taken on lease or the minerals whereon are or may be purchased or taken on lease or intended to be purchased or taken on lease by the Company for purchasing making and erecting plant machinery apparatus buildings railways tramways roads wharves and other matters for any such purposes for obtaining loans with or without security and making other financial arrange- ments for any such purposes for establishing agencies branches and connections in relation to the said business for acting uniting or amalgamating with buying up or absorbing any other Company whether English or Australian of which the objects are similar or analagous to those of the Australasian Mineral Oil Company and for doing and transacting all such matters and things as may be necessary for the purposes aforesaid and also such other business and purposes as the board of directors shall from time to time think fit and most beneficial for the interests of the said Company And it has been by the same deed of settlement agreed that the capital of the said Company shall consist of seventy thousand pounds to be contributed in seven thousand shares of ten pounds each And whereas by the same deed of settlement provision has been made for the due management of the affairs of the Company by certain directors abeady appointed and by other directors to be from time to time elected and ajjpointed as their successors by the shareholders of the said Company And whereas the whole of the capital of seventy thousand pounds has bsen subscribed for And AUSTEALASIAN MINERAL OIL COMPANY. 133 whereas the said Company is desirous of being incorporated and it is 29 Victoria. expedient that the said Company should be incorporated accordingly subject to the provisions hereinafter contaiaed 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 following words and expressions in the Act shall have the interpretation several meanings hereby assigned to them unless there be something <=''"^«- in the subject or the context repugnant to such construction that is to say — The expression " the Company" shall mean the Company incorpo- The Company. rated by this Act The expression " the directors" shall mean the board of directors The of the Company duly appointed under the provisions of the Directors. deed of settlement of the Company The word " shareholder" shall mean shareholder proprietor or Shareholders. member of the Company The expression " deed of settlement" shall mean the deed of settle- Deed of settle- ment of the Company and any addition to alteration or amend- ™*°'' ment thereof which may be made in pursuance of the provi- sions thereof. 2. Such and so many persons as have already become or at any time company incor. or times hereafter shall or may in the manner provided by and subject vo'^^^- to the rules regulations and provisions contained ia the deed of settle- ment become shareholders or proprietors of shares of or in the capital for the time being of the Company shall subject nevertheless to the conditions regulations and provisions hereinafter contained be one body politic and corporate by name and in deed by the name of the " Aus- tralasian Mineral Oil Company" and by that name shall and may grant and receive and shall and may sue and implead any person whether a member of the Company or not and may be sued and impleaded by any person whether a member of the Company or not in all Courts whatso- ever at law or ia equity and may prefer lay and prosecute any indictment information or prosecution against any person whomsoever whether a shareholder or not for any stealing embezzlement fraud forgery or other crime or offence and in all indictments informations and prosecu- tions it shall be lawful to state the money goods effects bills notes securities or other property of the Company relative to which such indictment information or prosecution is preferred laid or prosecuted to be the money goods effects bills notes securities or other property of the Company and generally to designate the Company 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 Company shall have perpetual succession with a common seal which may be altered varied and changed from time to time at the pleasure of the Company. 3. The several laws rules regulations clauses and agreements con- Deed oi settie- tained in the deed of settlement or to be made under or by virtue or in °'*°' confirmed, pursuance thereof shall be deemed and considered to be and shall be the by-laws for the time being of the Company 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 incompatible with or repugnant 134 AIJSTEALASIAN MINERAL OIL COMPANY. 89 ViOTOEIA. Evidence of by-laws. Power to purchase and hold lands &c. Eower to sell to Company. Property at present in trustees to become vested in corporation. Increase of capital. Power to borrow. to any of the provisions of tliis Act or of any of the laws or statutes now or hereafter to be in force in the said Colony subject never- theless to alteration amendment or repeal in manner provided by the deed of settlement But no rule or by-law shall on any account or pretence whatsoever be made by the Company either under or by virtue of the 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. 4. The production of a written or printed copy of the deed of settle- ment or of any rules by-laws or regulations to be made iu pursuance thereof or in pursuance of this Act having the common seal of the Company affixed thereto shall be suificient evidence in every Court of civil or criminal jurisdiction of such deed of settlement or of such rules by-laws or regulations. 5. It shall be lawful for the Company notwithstanding any statute or law to the contrary to purchase take hold and enjoy to them and their successors for any estate term of years or iaterest or under license any mineral or other lands mines houses offices buildings hereditaments and fixtures as may be necessary or proper for the pur- pose of managing and conducting and carrying on the affairs concerns and business of the Company And to sell convey assign assure lease and otherwise dispose of or act in respect of such lands mines houses offices buildings hereditaments and fixtures as occasion may require. 6. It shall be lawful for any person competent so to do to grant sell alien and convey demise assign assure and dispose of unto and to the use of the Company and their successors for the purposes aforesaid or any of them any such land mines houses offices buildings heredita- ments and fixtures or to grant to the Company a license tor working any such land mines and hereditaments. 7. All the land mines securities covenants debts moneys choses in action and things at present vested in the trustees of the Company or any other person on behalf of the Company shall immediately after the passing of this Act become vested in the Company for the same estate and interest and with the like powers and authorities as the same are now vested in the said trustees or other person without any assignment or conveyance whatsoever. 8. It shall be lawful for the Company from time to time to extend or increase its capital for the time being by the creation and disposal of new shares subject to the provisions of the deed of settlement. 9. It shall be lawful for the directors from time to time as they shall see fit to make accept and indorse such promissory -notes or bills of exchange on behalf of the Company for any purposes connected with the affairs and business of the Company or to authorize any person or persons so to do and the making accepting or indorsing of any such promissory-notes or bills of exchange by the chairman of the Company or other person or persons authorized in that behalf by the directors for and on behalf of the Company shall be binding against any shareholder and it shall also be la^vful for the directors on behalf of the Company to procure advances and to borrow money and to pay off and discharge such advances subject to the provisions of the deed of settlement Provided that nothing herein contained shall give the Company power to borrow to a gi-eater extent than double the amount of the j)aid-u]o capital. ATTSTEALASIAN MINEEAL OIL COMPANY. 135 10. Nothing herein contained shall prejudice or be construed to 29 Victoria prejudice any call made or any contract or other act deed matter or Contracts &c. thing entered into made or done by the Company prior to or under or ofsetttenenT* by virtue of the said deed of settlement before this Act shall come into before the Act. operation but the same call contract act deed matter or thing shall be as valid and effectual to all intents and purposes and may be enforced in like manner as if the Company had been incorporated before the same call contract act deed matter or thing had been made entered into or done. 11. The capital or joint stock for the time being and all the funds Capital and and property of the Company and the several shares therein and the p'^rgoria°ty.^ profits and advantages to be derived therefrom shall be and be deemed to be personal estate and be transmissible, as such subject to the regu- lations and provisions of the deed of settlement. 12. The Company shall not be bound to notice or see to the execu- company not tion of any trust or equitable interest or demand v^hether express ^^^"^^"■'''sai-d implied or constructive to which any share may be subject and the receipt of the party in whose name any such share shall stand in the books of the Company or if it stands in the name of more parties than one the receipt of one of the parties named in the shareholders' register book hereinafter mentioned shall subject to the deed of settlement from time to time be a sufficient discharge to the Comjiany for any dividend or other sum of money payable in respect of such share notwithstanding any trust or equitable claim or demand to which such share may then be subject and notwithstanding that the Company have had notice of such trusts and the Company shall not be bound to see to the application of the money paid upon such receipt And any such share shall be subject to all claims by the Company and otherwise to the provisions of the deed of settlement in the same manner as if the same were not liable to any trust or equitable claim or demand. 13. In case the assignees of any insolvent shareholder shall elect to Assignee of in- accept the shares of such insolvent or in case the trustees of any estate hoiderVnd'^^' assigned for the benefit of creditors shaU elect to accept the shares trustee of belonging to such assigned estate such assignees or trustees shall forth- to^nominate a ^ with nominate some other person to become a shareholder in respect of person tobecome such shares such nominee to be subject to the approval of the directors but in no case shall such assignees be themselves entitled to become shareholders in respect of the shares of any insolvent shareholder nor shall such trustees be themselves entitled to become shareholders in respect of the shares belonging to any estate assigned for the benefit of creditors. 14. In any action or suit to be brought by the Company against Declaration in any shareholder to recover the money due for any call made by virtue °^^°"^ "'' '^^ ^■ of this Act or of the deed of settlement it shall not be necessary to set forth the special matter but it shall be sufficient for the Company to declare that the defendant is the holder of any one share or more in the capital of the Company (stating the number of shares) and is indebted to the Company in the sum to which the calls in arrear shall amount in respect of one call or more upon one share or more (stating the number and amount of each of such calls) whereby an action hath accrued to the Company. 15. On the trial or hearing of such action or suit it shall be sufficient Matter to be to prove that the defendant at the time of making such call was a |'o7™ans° ^°''°° holder of one share or more in the capital of the Company and that such AUSTEALASIAN MINERAL OIL COMPANY. call was in fact made and suet notice thereof given as is provided for that purpose in the deed of settlement and it shall not be necessary to prove the appointment of the directors who made such caU nor a,ny other matter whatsoever and thereupon the Company shall be entitled to recover what shall be due upon such call with interest thereon. 16. The Company shall keep a book to be called the shareholders' register book and in such book shaU be fairly and distinctly entered from time to time the names and (as accurately as may be) the addresses of the several persons entitled to shares in the Company together with the number of shares to which such shareholders shall be respectively entitled. 17. The production of the shareholders' register book shall be admitted in all Courts of civQ and criminal jurisdiction a.3 prima facie evidence of each person named therein as a shareholder being such shareholder and the number of his shares. 18. In every case dividends or bonuses shall be declared and paid out of the net gains and profits of the Company and not out of the capital for the time being of the Company. 19. In the event of the assets of the Company being insufficient to meet its engagements each shareholder shall in addition to the amount of his subscribed shares in the capital of the Company be responsible to the extent only of a sum equal to the amount of his said shares. 20. In aU cases in which by any Act of Parliament or of the Colonial Legislature or by any rule or order or the practice of the Supreme Court or any other court now or hereafter to be in force in this Colony the plaintiff complainant or defendant in any action suit or other pro- ceeding civil criminal or otherwise or any creditor of an insolvent estate or any person being a party to or interested in any process or proceed- ing whatsoever is or shall be authorized empowered or required to make any affidavit deposition or information or to sign or present any petition or to do any other act it shall be lawful and competent for the manager or other officer or agent of the Company (where such Company shall be such plaintiff complainant defendant or creditor to be a party to or otherwise interested in any process or proceeding whatsoever as afore- said) for and on behalf of the Company to make any such affidavit deposition or information sign present any such petition or do any such other act as aforesaid. Custody and use 21. The directors for the time being shall have the custody of the of corporate seal, common seal of the Company and the form thereof and all other matters relating thereto shall from time to time be determined by tlie directors in the same manner as is provided in and by the deed of settlement for the determination of other matters by the directors And the directors present at a Board of Directors of the Company shall have the power to use such common seal or authorize the same to be used for the affairs and concerns of the Company and under such seal to authorize and empower any person without such seal to execute any deeds and do all or any such other matters and things as may be required to be executed and done on behalf of the Company in conformity with the provisions of the deed of settlement and of this Act And such seal may be affixed to any deed or document by the hand of any person whom the directors shall appoint in that behalf And the affixing thereof shall be attested by at least one director and such person so appointed But it shall not be necessary to use the corporate seal in respect of any of the ordinary 136 29 Victoria. Shareholders' register hook. Shareholders' register book to he evidence. Dividend to he paid out of the profits. Liahility of shareholders. Power to manager or other officer to do certain acts. AUSTEALASIAN STEAM NAVIGATION COMPANY. 137 business of the Company or for tte appointment of an attorney or 29 Victoria. solicitor for the prosecution or defence of any action suit or proceeding or of any officer or servant of the Company And all agreements documents and writings relating to the ordinary business of the Company the appointment of attorneys solicitors officers and servants shall be valid and effectual without having the corporate seal attached thereto. 22. And whereas it has been ascertained that mineral and certain Power to other oils cannot be manufactured and refined without using apparatus ^an™kense to used and employed in the process of distillation Be it therefore Company to use enacted that notwithstanding any Act of the Legislature of New South apparatus. "Wales to the contrary it shall and may be lawful for the G-ovemor of the Colony of New South Wales or the Colonial Treasurer or other person appointed by the Grovernor of the said Colony for the time being upon being applied to for that purpose to issue a license free of all charge to the said Company to keep and use apparatus used and employed in the process of distillation for the purpose of manufacturing and refining mineral and other oils and to be used only on the premises of the said Company Provided that the said Company or two of the directors thereof or shareholders therein shall enter into a recognizance payable to the Colonial Treasurer in the sum of two hundred pounds conditioned that the said Company will not make use of such apparatus or sufEer the same to be made use of except for the purpose of manufacturing and refining mineral and other oils And provided also that it shall be lawful for any Inspector of Distilleries or other officer or person appointed by the Grovemer at all times to enter into and upon the premises of the said Company to search and examine the apparatus used thereon and to ascertain the use made tliereof. 23. In citing this Act in other Acts of Parliament and in legal short title of instruments it shall be sufficient to use the expression " The Australasian ■*■"*" Mineral Oil Company's Incorporation Act of 1866." AUSTRALASIAN STEAM NAVIGATION COMPANY. An Act to incorporate the Proprietors of a certain Com- is Victoria. pany called " The Australasian Steam Navigation Company" and for other purposes therein mentioned. [10 December, 1851.] WHEREAS a Joint Stock Company called the Australasian Steam Preamble. Navigation Company has been lately established at Sydney ia the Colony of New South Wales under and subject to the rules regu- lations and provisions contained in a certain indenture or deed of settle- ment bearing da^e the first day of July in the year of our Lord one thousand eight hundred and fifty-one purporting to be a deed of settle- ment of the said Company And whereas by the said indenture or deed of settlement the several parties thereto have respectively and mutually covenanted and agreed to be and continue (until dissolved under the 138 AUSTEALASIAN STEAM NAVIGATION COMPANY. .29 VicTOEiA. provisions in that behalf contained) a joint stock Company or partner- ship under the name style and title of " The Australasian Steam Naviga- tion Company" for the purpose of carrying on the business of trading with steam and other vessels between the ports and places in the Aus- tralasian Colonies and also such other Colonies and countries as may be determined upon at a meeting of proprietors duly convened for that purpose and also of constructing and repairing steam and other vessels machinery and boilers whether the property of the Company or not with full power to the directors for the time being of the Company to engage hire build or purchase suitable premises and to erect the neces- sary machinery for the carrying on of all such operations and works and from time to time to hire and employ all necessary workmen ser- vants and apprentices and to become parties to any indenture of appren- ticeship with or without a sum of money to be paid by way of premium by or on behalf of any such apprentice and to agree for the instruction of any such apprentice in the several branches of the business trade or handicraft so carried on by the Company or any or either of them and to provide proper persons to instruct such apprentice accordingly and to pay such wages and salaries to all such workmen servants and appren- tices as shall be thought proper And whereas it was by the said indenture or deed of settlement further agreed that the capital of the Company shall consist of eighty thousand pounds to be contributed in four thousand shares of twenty pounds each and of such further sum or sums not exceeding the sum of four hundred and twenty thousand pounds as may hereafter be raised by the creation allotment and sale of new shares of the like amount as therein provided And whereas by the said indenture or deed of settlement provision has been made for the payment of dividends and bonuses and for the disposal and application of the proiits and also for the due management of the affairs of the said Company And whereas the said Company is desirous of being incorporated and it is expedient that it should be incorporated Company accordingly but subject to the provisions hereinafter contained Be it incorporated, therefore enacted by His Excellency the Governor-in-Chief of New South Wales with the advice and consent of the Legislative Council thereof That such and so many persons as have already become or at any time or times hereafter shall or may in the manner provided by and subject to the rules regulations and provisions contained in • the said indenture or deed of settlement become proprietors of shares of or in the capital for the. time being of the said Company shall for the purposes aforesaid but subject nevertheless to the conditions re- strictions^ regulations and provisions hereinafter contained be one body politic and corporate in name and in deed by the name of " The Australasian Steam Navigation Company" and by that name shall and may sue any person or persons body or bodies politic or corporate whether a member or members of the said corporation or not and may be sued implead and be impleaded in all courts whatsoever at law and ia equity and may j)refer lay and prosecute any indictment information and prosecution against any person or persons whomsoever for any stealing embezzlement fraud forgery crime or offence and in all indictments informations and prosecutions it shall be lawful to state the money and goods effects biUs notes securities or other property of the said Company to be the money goods effects bills notes securities or other property of the said corporation and to designate the said Company or copartnership by its corporate name whenever for the purpose of any allegation of an intent to defraud or otherwise AUSTEALASIAN STEAM NAVIGATION COMPANY. 139 Howsoever sucli designation shall be necessary and tte said corpor- 29 Vicwokia. ation shall have perpetual succession with a common seal which may be altered varied and changed from time to time at the pleasure of the said corporation. 2. And be it enacted That the several laws rules regulations clauses confirmation of and agreements contained in the said indenture or deed of settlement aeedof°settie- or to be made under or by virtue or in pursuance thereof are and shall ment as by-laws be deemed and considered to be and shall be the by-laws for the time gubje^ot toTiS'' being of the said corporation save and except in so far as any of them Act and the are or shall or may be altered varied or repealed by or are or shall or ^^" "^ may be inconsistent or incompatible with or repugnant to any of the provisions of this Act or any of the laws or statutes now or hereafter to be in force in the said Colony subject nevertheless to be and the same may be amended altered or repealed either wholly or in part in the manner provided in and by the said indenture or deed of settlement 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 indenture or deed of settlement or of this Act in opposition to the general scope or true intent and meaning of the said deed of settle- ment or of this Act or of any of the laws or statutes in force for the time being in the said Colony. 3. And whereas the said capital of eighty thou:sand pounds has increase ot been subscribed for Be it enacted that it shall be lavrful for the said <=a.pitai. corporation from time to time to extend or increase their capital for the time being by the creation allotment and disposal of new shares in the manner specified and set forth and subject to the rules regulations and provisions contained in the hereinbefore in part recited indenture or deed of settlement but so nevertheless that the total amount of aU the new shares to be so from time to time created shall not together vrath the original capital exceed five hundred thousand pounds. 4. And be it enacted That the capital or joint stock for the time capital and being and all the funds and property of the said corporation and the personatty-^ several shares therein and the profits and advantages to be derived therefrom shall be and be deemed personal estate and be transmissible accordingly subject to the regulations of the said indenture or deed of settlement. 5. And be it enacted That the corporation shall not be bound in Corporaticn'not any manner by any trusts or equitable interests or demands afEecting trustsor'e^^r any share or shares of the capital standing in the name of any person able interests or persons as the ostensible proprietor thereof or be required to take ^° ™^ ^ *'^^' any notice of such trusts or equitable interests or demands but the receipt of the person or persons in whose name or names the share 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 cor- poration for or in respect of any dividend or other money payable by the said corporation in respect of such shares and a transfer of the said shares by the person or persons in whose name or names such shares shall so stand shall notwithstanding as aforesaid be binding and con- clusive as far as may concern the said corporation against all persons claimiag by virtue of such trusts or equitable interests or demands Provided always that nothing herein contained shall be deemed or taken to interfere with or abridge the right and power of a Court of Equity 140 AUSTRALASIAN STEAM NAVIGATION COMPANY. 29 VicTOKiA. to restrain the payment o£ any such dividend or other money payable thereafter by the corporation in respect of any such shares or the transfer thereafter of any such shares or to direct the payment of such dividends or other money by the corporation or the transfer of such shares by the person or persons in whose name or names they may stand to such other person or persons as such Court may think fit. Limited power to 6. And be it enacted That it shall be lawful for the said corporation iands'&o.'*°''' notwithstanding any statute or law to the contrary and notwithstanding any clause or provision herein contained to purchase take hold and enjoy to them and their successors for any estate term of years or interest any houses offices buildings lands and other hereditaments necessary or proper for the purpose of managing conducting and carrying on the affairs concerns and business of the said corporation and also to take hold and enjoy all houses offices buildings lands and hereditaments held by the said Company before the passing of this Act and also to take and to hold until the same can be advantageously disposed of for the ]3urpose of reimbursement only and not for profit any lands houses and other real estate which may be so taken by the said corporation in satisfaction liquidation or discharge of any debt due to the corporation or in security for any debt or liabiUty bond fide incurred or come under previously and not in anticipation or expectation of such security but not for any other purposes and to sell convey assign assure and dispose of such houses offices buildings lands hereditaments and other real estate as occasion may require. 7. And be it enacted That it shall and may be lawful to and for all and every person and persons bodies politic or corporate who are or shall be otherwise competent to grant sell alien and convey assure and dispose of unto and to the use of the said corporation and their suc- cessors for the purposes aforesaid or any of them any such houses offices lands hereditaments and other real estate whatsoever as aforesaid accordingly. 8. And be it enacted That the total amount of debts engagements and liabilities of the said corporation shall not in any case exceed the amount of capital stock subscribed and actually paid up. 9. And be it enacted That no dividend or bonus shall in any case be the cap?tai"but declared or paid out of the subscribed capital for the time being of the from the profits said corporation or otherwise than out of the net gains and profits of the business. 10. And be it enacted That in any action or suit to be brought by the said corporation against any proprietor or proprietors of any share or shares in the capital of the said corporation to recover any sum or sums of money due and payable to the said corporation for or by reason of any call or calls made by virtue of this Act or of the said indenture or deed of settlement it shall be sufficient for the said cor- poration to declare and allege that the defendant or defendants being a proprietor or proprietors of such or so many share or shares in the capital of the said corporation is or are indebted to the said corporation in such sum or sums of money as the call or calls in arrear shall amount to for such and so many call or calls of such or so many sum or sums of money upon such or so many share or shares belonging to the said defendant or defendants (as the case may be) whereby an action hath accrued to the said corporation without setting forth any special matter and on the trial of such action or suit it shall not be necessary to prove Power to other persons to con- vey real estate to the corpora- tion. Bestriction on extent of lia- bilities. No dividend to be taken out of Provision as to actions or suits for calls. AUSTEALASIAN STEAM NAVIGATION COMPANY. 141 the appointment of the directors or any of them who made such call 29 Victoria. or calls or any other matters except that the defendant or defendants at the time of making such calls was or were a holder or proprietor or holders or proprietors of one or more share or shares in the capital of the said corporation and that such call or calls was or were in fact made and that such notice thereof and of the time fixed for the pay- ment thereof was given as is directed by the said indenture or deed of settlement and the said corporation shall thereupon be entitled to recover what shall appear due. 11. And be it enacted That nothing herein contained shall prejudice Caiis conti-aotg ■or be deemed to prejudice any call made or any contract or other act underthTdeed* deed matter or thing entered into made or done by the said Company of settlement under or by virtue of the said indenture or deed of settlement before in operation not this Act shall come into operation but the same call contract act deed *° ^^ prejudiced matter or thing shall be as valid and effectual to all intents and pur- ^ ' ' poses as if this Act had not been passed and may be enforced in like manner as if the said Company had been incorporated before the same •call contract act deed matter or thing had been made entered into or ■done. 12. And be it enacted That in the event of the assets of the said cor- Limit to poration being insufficient to meet its engagements then and in that ''^biUties. oase the shareholders respectively shall be responsible to an amount ■equal to the amount of their subscribed shares only in addition to such subscribed shares. 13. And be it enacted That it shall not be necessary to use the cor- in what matters porate seal in respect of any of the ordinary business of the Company no?required*to or for the appointment of an attorney or a solicitor for the prosecution be "sed. or defence of any action suit or proceeding and any person duly authorized and empowered under the corporate seal may without such seal execute any deeds and do all such other acts matters and things as may be required to be executed and done on behalf of the said cor- poration and in conformity with the provisions of the deed of settle- ment and of this Act. 14. Provided always and be it enacted That nothing in this Act con- saving the rights tained shall be deemed to effect or apply to any right title or interest an^of^other per- of Her Majesty her heirs or successors or of any body or bodies politic sons not men- or corporate or of any person or persons except such bodies politic or ^g™** '" "™ corporate and other persons as are mentioned in this Act and those claiming by from or under them. 15. And be it enacted That this Act shall be deemed and taken to This Act to be be a public Act and shaU be judicially taken notice of as such by the ^^^^ * ^"''''° Judges of the Supreme Court of New South "Wales and by all other Judges Justices and others withiu the Colony of New South "Wales without being specially pleaded. 141ffl AUSTEALASIAK" STEAM NAVIG-ATION" COMPANY. Preamble. 46VI0TOKIA. _^n ^ct to enable tlie Australasian Steam Navigation Company to trade in Coal. [5 April, 1881.] WHEREAS by an Act passed in the fifteenth year of the reign of Her present Majesty intituled An Act to incorporate the- proprietors of a certain Company called the Australasian Steam Navi- gation Company and for the purposes herein mentioned after reciting, among other things that a Joint Stock Company called the Austra- lasian Steam Navigation Company had 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 indenture ©r deed of settlement bearing date the first day of July in the year of our Lord one thousand eight hundred and fifty-one purporting to be a deed of settlement of the said Company And after further reciting that by the said indenture or deed of settlement the several parties thereto had respectively and mutually covenanted and agreed to be and continue (until dissolved under the provisions in that behalf contained) a Joint Stock Company or partnership under the name style and title of the Australasian Steam Navigation Company for the purpose of carrying on the business of trading with steam and other vessels between the ports and places in the Australian Colonies and also such other colonies and countries as might be determined upon at a meeting of proprietors duly convened for that purpose And also of construct- ing and repairing steam and other vessels machinery and boilers whether the property of the said Company or not with full power to the directors for the time being of the said Company to engage hire build or purchase suitable preniises and to erect the necessary machinery for the carrying on of all such operations and works and from time to time to hire and employ all necessary workmen servants and apprentices as therein mentioned and that the capital of the said Company should consist of eighty thousand pounds to be contributed in four thousand shares of twenty pounds each and of such further sum or sums not exceeding the sum of four hundred and twenty thousand pounds as might thereafter be raised by the creation allot- ment and sale of new shares of the like amount as therein provided And after further reciting that by the said indenture or deed of set- tlement provision had been made for the payment of dividends and bonuses and for the disposal and application of the profits and also for the due management of the affairs of the said Company It was among other things enacted that such and so many persons as had already become or at any time or times thereafter should or might in the manner provided by and subject to the rules regulations and provisions contained in the said indenture or deed of settlement become proprietors of shares of or in the capital for the time being of the said Company should for the purposes aforesaid but subject nevertheless to the conditions restrictions regulations and provisions thereinafter contained be one body politic and corporate in name and in deed by the name of the Australasian Steam Navigation Company and by that name should and might sue and be sued and should have perpetual succession with a common seal which might be altered varied and changed from time to time at the pleasure of the said corporation And that the several laws rules regulations clauses and agreements contained in the said indenture or deed of settlement AUSTEALASIAN STEAM NAYIGATION COMPANY. 14,2 or to be made under or by virtue or in pursuance tbereof should be 46 Victoeia. deemed and considered to be and should be the by-laws for the time- being of the said Corporation save and except in so far as any of them should or might be altered yaried or repealed by or should or might be inconsistent or incompatible with or repugnant to any of the provisions of the now reciting Act or of any of the laws or statutes then or thereafter to be in force in the said Colony subject nevertheless to be and the same might be amended altered or repealed either wholly or in part in the manner provided in and by the said indenture or deed of settlement but no rule or by-law should on any account or pretence whatsoever be made by the said Corporation either under or by virtue of the said indenture or deed of settlement or of the now reciting Act in opposition to the general scope or true intent and meaning of the said deed of settlement or of the now reciting Act or of any of the laws or statutes in force for the time being in the said colony And it was by the said Act further enacted that in the event of the assets of the said Corporation being insufficient to meet its engagements then and in that case the shareholders respectively should be responsible to an amount equal to the amount of their subscribed shares only in addition to such subscribed shares And whereas the said Company is desirous of extending the business allowed to be carried on by the said Company under or by virtue of the said indenture or deed of settlement and hereinbefore in part recited Act respectively a-nd to be allowed as one of the objects of the said Company and as within the scope and meaning of the said iadenture of settlement to carry on either alone or in conjunction with others the business of traduig in the purchase and sale of coal and to employ their vessels in such business and to have full power and authority conferred upon them for that purpose as herein- after mentioned Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legisla- tive Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows — 1. It shall be lawful for the said Company to carry on either alone powev to trade or in conjunction with any other person the business of trading in the '" ™=^i- purchase and sale of coal and to employ their steam and other vessels in such business in the same manner in all respects as if such business had been one of the objects of the said Company specified in the said deed of settlement And the several regulations clauses and agreements contained in the said deed of settlement or made or hereafter to be made in pursuance thereof or of the said hereinbefore in part recited Act shall so far as the same may be applicable extend to the said busi- ness of trading in the purchase and sale of coal and the employing of the steam and other vessels of the said Company therein in the same manner as if the said business had been one of the objects specified in the said deed of settlement. 142« BALMAIN CEMETERY. 45 Victoria. An A ct to enable Certain persons carrying on business under tlie name of " The Balmain Cemetery Com- pany " to inter the dead in any part of the land near the Balmain Boad belonging to them and now used as a cemetery. [16 December, 18S1.] Preamble. \\I HEREAS James Martyn Combes Alexander Heury Brown and W Barbara Patten Francis G-eorge Patten and William Patten (the said Barbara Patten Prancis Q-eorge Patten and William Patten being the trustees and executrix and executors of the will of William Patten deceased) are the present owners and proprietors of the lands situate in the borough or municipal district of Leichhardt and known as the Balmain Cemetery And whereas the said James Martyn Combes Alexander Henry Brown and Barbara Patten Prancis Q-eorge Patten and William Patten have for many years and before the incorporation of the borough or municipal district or Leichhardt carried on business under the name of the Balmain Cemetery Company and used the said lands as and for a public burial-ground or place for the interment of the dead and before and since the incorporation of the said borough or municipal district of Leichhardt and before and since the making of the present by-laws of the said borough or municipal district the said Company have sold to various persons portions of the said cemetery for the purpose of burying their dead therein and in many cases such persoiis have erected upon the said portions of land vaults in which to inter and place their dead and in many of the said portions of ground and vaults no bodies have yet been interred and in others there are interred therein a smaller number of bodies than can be interred therein And whereas by the by-laws of the said borough or municipal district it is provided that every grave or vault shall be of the depth of seven feet at the least and not less than seven feet distant from any other grave or vault and not more than two adults shall be interred in one grave within the said municipal district and also that no body shall be interred within the distance of one hundred feet from any public building place of public worship school-room dwelling-house public pathway road or place whatsoever within the said municipal district Be it therefore enacted by the Queen's Most Excellent Majesty by and mth 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. It shall be lawful for the said Company on each day between the hours of eight in the morning and five in the afternoon to inter the dead in any part of the said land situated near the Balmain Road within the said borough of Leichhardt nowbelonging tothe said Company and which has been heretofore used as a cemetery save and except a space of sixty feet from the boundaries thereof Provided that every grave or vault shall be of the depth of seven feet at the least and not more than one adult shall be interred in each grave unless they be members of the same family when two adults may be so buried and each grave shall Power to inter dead. BANK OF NEW SOUTH WALES. 143 not be less tlian three feet laterally from any other grave Provided 45 Victokia'. further that the said restriction as to interments within sixty feet from the boundaries of the said land and as to interments vrithin three feet laterally from any other grave shall not apply to any land within the said cemetery which was before the first day of August one thousand eight hundred and eighty-one purchased by any person or persons from the said Company for the purpose of interring their dead therein and which is now enclosed or shall be enclosed within six months after the passing of this Act. 2. This Act may be cited as the " Balmain Cemetery Act of 1881." short title. BANK OP NEW SOUTH WALES. An Act to incorporate the Proprietors of a certain Bank- u Victoria. ing Company called " The Bank of New South Wales" and for other purposes therein mentioned. [23 Septemher, 1850.] WHEREAS a Joint Stock Banking Company called the Bank of Preamble. New South Wales has been lately established at Sydney in the Colony of New South Wales under and subject to the same rules regulations and provisions contained in a certain indenture or deed of settlement bearing date the twenty-third day of Aiigust in the year of our Lord one thousand eight hundred and fifty purporting to be a deed of settlement of the said Company but the said Company has not yet commenced business And whereas by the said indenture or deed of settlement the several parties thereto havfe respectively and mutually covenanted and agreed to be and continue (until dissolved under the provisions in that behalf therein contained) a joint stock company or partnership under the name style and title of the Bank of New South Wales for the purpose of carrying on the business of a bank of issue and deposit and the lending moneys on cash credits promissory-notes bills of exchange or letters of credit and on other securities also the dealing in money bullion specie and exchanges of and with all countries and in notes bills or other securities for money and generally the trans- acting all such other business as shall or may at any time hereafter be usual and lawful for establishments carrying on banking in all its branches or dealing in money bullion specie exchanges or in notes bills or loans to do or transact and the establishment of agencies or connections relating to the said busiaess in any part of the British dominions as may be considered desirable for the Company and may promote the conve- nience of merchants and others and the giving letters of credit on agents and banking connections abroad and the establishing a branch bank or branch banks and agencies in such place or places within the Austral- asian Territories as may be thought expedient And whereas it was by the said indenture or deed of settlement further agreed that the capital of the Company shall consist of one hundred and twenty -five thousand pounds to be contributed in six thousand two hundred and fifty shares of twenty pounds each and of such further sum or sums as may hereafter be raised by the creation allotment and sale of new shares of the like amount as therein provided And whereas by the said indenture or deed of settlement provision has been made for the 144 BANK OP NEW SOUTH WALES. 14 Victoria. Company incor- porated. Confirmation of provisions of deed of ?ettle- ment as by-laws of the Company subject to this Act and the general laws. Business not to be commenced until whole original capital subscribed for and a moiety paid up. due management of the affairs of the said Company by the directors to he from time to time elected and appointed by the proprietors of the shares in the capital stock of the said Company And whereas the said Company is desirous of being incorporated and it is expedient that it should be incorporated accordingly but subject to the provisions hereinafter contained Be it therefore enacted by His Excellency the G-overnor of New South Wales with the advice and consent of the Legislative Council thereof That such and so many persons as have already become or at any time or times hereafter shall or may in the manner provided by and subject to the rules regulations and provisions contained in the said indenture or deed of settlement become proprie- tors of shares of or in the capital for the time being of the said Com- pany shall for the purposes aforesaid but subject nevertheless to the conditions restrictions regulations and provisions hereinafter contained be one body politic and corporate in name and in deed by the name of the Bank of New South Wales and by that name shall and may sue any person or persons body or bodies politic or corporate whether a member or members of the said corporation or not and may be sued 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 or persons whomsoever for any stealing embezzlement fraud forgery crime or offence and in all indictments informations and prosecutions it shall be lawful to state the money and goods effects bills notes securities or other property of the said Com- pany to be the money goods effects bills notes securities or other pro- perty of the said corporation and to designate the said Company or copartnership by its corporate name whenever for the purpose of any allegation of an intent to defraud or otherwise howsoever such desig- nation shall be necessary and the said corporation shall have perpetual succession with a common seal which may be altered varied and changed from time to time at the pleasure of the said corporation. 2. And be it enacted That the several laws rules regulations clauses and agreements contained in the said indenture or deed of settlement or to be made under or by virtue or in pursuance thereof are and shall be deemed and considered to be 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 incompatible with or repugnant to any of the provisions of this Act or of any of the laws or statutes in force in the said Colony subject nevertheless to be and the same may be amended altered or repealed either wholly or in part in the manner provided in and by the said indenture or deed of settlement but no rule or by-law shall on any account or pretence whatsoever be made by the said cor- poration either under or by virtue of the said indenture or deed of settlement or of this Act in opposition to the general scope or true intent and meaning of the said deed of settlement or of this Act or of any of the laws or statutes in force in the said Colony. 3. (Commencement and nature of general business — ^Eestrictions on powers of corporation.) [Repealed hy 27 Vic. sec. 1.] 4. And be it enacted That it shall not be lawful for the said corpora- tion to commence or carry on the said business of banking under or by virtue of this Act until the whole of the said capital of one hundred and twenty -five thousand pounds shall have been subscribed for and a moiety or half -part at the least of such sum of one hundred and twenty- five thousand pounds shall have been actually paid up and that the BANK OP NEW SOUTH WALES. 145 ■whole of the said capital shall be subscribed for within the space of 11 Victokia. eighteen calendar months to commeiice and be computed from the period when this Act shall come into operation and the whole of the Time limited said sum of one hundred and twenty-five thousand pounds shall be anYmyment?"^ paid up within the space of two years to be computed as aforesaid. 5. And be it enacted That it shall be lawful for the said corporation Power to issue for and during the term of twenty-one years to commence from the bank notesto- period when the whole of the said capital shall have been siibscribed in?r twenty-one for and a moiety thereof paid as aforesaid but not otherwise to make ^'''^"' issue and circulate at and from any city town or place in which they may have opened or established any bank branch bank or agency under or by virtue of this Act or of the said indenture or deed of settlement any bank notes or biUs for one pound or five pounds sterling each or for any greater sum than five pounds sterling each but not for any fractional part of a pound and from time to time during the said term of twenty-one years to reissue any such notes or bills when and so often as the corporation shall think fit but such privilege shall cease in case of the suspension of specie payments on demand for the space of sixty days in succession or for any number of days at intervals which shall amount altogether to sixty days within any one year or in case the said corporation shall not well and truly maintain abide by perform and observe all and every the rules orders provisions and directions herein contained and set forth upon which the said corporation is empowered to open banking establishments or to issue and circulate promissory-notes, (a) 6. (Bank notes where to be dated and payable and to be payable in specie on demand.) [Sej)ealed hy 16 Vic. sec. 1.] 7. And be it enacted That no branch bank or establishment of the oniytheprin- said corporation other than and except the principal banking establish- ^ent required' ment shall be liable to be called upon to pay any notes or bills of the to pay notes said corporation other than and except such as shall have been originally peaces thantlLt made and issued at and from such particular branch bank or estab- of presentation, lishment. 8. And be it enacted That it shall be lawful for the said corporation increase of from time to time to extend or increase their capital for the time being ''^p'**^ by the creation allotment and disposal of new shares in the manner specified and set forth and subject to the rules regulations and provisions contained in the hereinbefore in part recited indenture or deed of settlement. 9. And be it enacted That the total amount of all the new shares to Regulations as be so from time to time created shall not together with the original capitai!*^^ °* capital exceed one million pounds and that no such extension or increase of the capital of the said corporation shall be made or take place without the previous sanction and approbation in vsriting of the Lords Com- missioners for the time being of Her Majesty's Treasury or of the Grovemor for the time being of the said Colony from time to time and for that purpose first had and obtained and that at least half the amount of the increased capital shall be actually paid up before any extension of the dealings of the said corporation in respect of such new capital shall be commenced and that until half of such new capital (a) Vide section 1 of the Bank of New South "Wales Act of 1870, 33 Vic. K 146 BANK OP NEW SOUTH "WALES. 14 Victoria, shall lie so paid up the dealings and affairs of the said corporation shall be carried on in the same manner in all respects as if such extension of capital had not taken place. Capital and 10. And be it enacted That the capital or joint stock for the time pasonaity.^ being and all the funds and property of the said corporation and the several shares therein and the profits and advantages to be derived therefrom shall be and be deemed personal estate and be transmissible accordingly subject to the regulations of the said indenture or deed of settlement. Corporation not 11. And be it further enacted That the corporation shall not be trust^orequi-''^ bound in ally manner by any trusts or equitable interest or demands table interests affecting any share or shares of the capital standing in the name of affecting shares. a./ i -ti • ± ±i £ i any person or persons as the ostensible proprietor thereof or be required to take any notice of such trusts or equitable interests or demands but the receipt of the person or persons in whose name or names the shares shall stand in the books of the eorj)oration 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 corporation for or in respect of any dividend or other money payable by the said corporation in respect of such shares and a transfer of the said shares by the person or persons in whose name or names such shares shall so stand shall notwithstanding as aforesaid be binding and conclusive as far as may concern the said corporation against all persons claiming by virtue of such trusts or equitable interests or demands Provided always that it shall be competent to the board of directors of the said corporation if they shall think fit so to do to withhold payment of the dividends on any such shares and to refuse to sanction the transfer of such shares in any case in which the said corporation shall have had notice of any claims under an alleged trust or equitable interest or demand and when such claim shall appear to the said board of directors to be weU founded And provided also that nothing herein 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 corporation in respect of any such shares or the transfer there- after of any such shares or to direct the payment of such dividends or other money by the corporation or the transfer of such shares by the person or persons in whose name or names they may stand to such other person or persons as such Court may think fit. Limited power 12. And be it enacted That it shall be lawful for the said corporation lands'^to!'"' ^°^'^ notwithstanding any statute or law to the contrary and notwithstanding any clause or provision herein contained to purchase take hold and enjoy to them and their successors for any estate term of years or interest any houses ofiices buildings lands and other hereditaments necessary or proper for the purpose of managing conducting and carrying on the affairs concerns and business of the said corporation and also to take and to hold until the same can be advantageously dis- posed of for the purpose of reimbursement only and not for profit any lands houses and other real estate merchandise and ships which may be so taken by the said corporation in satisfaction liquidation or discharge of any debt due to the corporation or in security for any debt or liability bond fide incurred or come under previously and not "in anticipation or expectation of such security but not for any other purposes and to sell BANK OF NEW SOUTH WALES. I47 convey assign assure and dispose of such houses offices buildings lands 14 Victoria. hereditaments and other real estate merchandise and ships as occasion may require. 13. And he it enacted That it shall and may be lawful to and for all Power to other and every person and persons bodies politic or corporate who are or convey^reai shall be otherwise competent to grant sell alien and convey assign estate to the assure and dispose of and to the use of the said corporation and their ''°'^^°'^ ""^ successors for the purposes aforesaid or any of them any such houses offices lands hereditaments and other real estate whatsoever as afore- said accordingly. 14. (Restriction on extent of liabilities.) [^Repealed hy 16 Yic. sec. l.J 15. And be it enacted That the discounts or advances hy the said Limit to corporation on securities bearing the name of any director or officer gecuriSes *"'' °" thereof as drawer accepter or indorser shall not at any time exceed in bearing the amount one-third of the total advances and discounts of the said dfrector or corporation. officer. 16. And be it enacted That no dividend shall in any case be declared No dividend to or paid out of the subscribed capital for the time being of the said of the capital corporation or otherwise than out of the net gains and profits of the but from the business. profits only. 17. And be it enacted That periodical accounts or statements and Periodical general abstracts of the assets and liabilities of the said corporation aMouSts md shall be prepared made out and published according to the provisions abstracts to be of the Act of the G-ovemor and Council passed in the fourth year of the "ubiished.'^" reign of Her present Majesty intituled An Act to provide for the periodical publication of the Liabilities and Assets of Bants in New South Wales and its dependencies and the Eegistration of the names of the Proprietors thereof. 18. And be it enacted That general half-yearly meetings of the pro- Auditors to bo prietors of the capital of the corporation shall be held in the respective examTne Md"^ *" months of April and October in every year and that at one of such report on atfairs meetings in every year two proprietors shall be elected to be auditors ° °™P™y- of the accounts of the corporation for the year next ensuing and that within three weeks next before every such half-yearly meeting the auditors for the time being shall fully examine into the state of the accounts and affairs of the corporation and shall make a just true and faithful report thereon which shall be submitted by them to the directors of the corporation one week previously to such meeting and which shall be by such directors submitted to the proprietors at every such meeting and that the said auditors shall and they are hereby required to make a declaration before a Justice of the Peace that such report is to the best of their several and respective knowledge and belief a just true and faithful report and statement of the accounts and affairs of the Company and that the same is made by them after diligent and careful examination into the state of such accounts and affairs and a duplicate Duplicates of copy of such report signed by such auditors and of every other report t" ^e sent"t?'thl (if any) which shall be made to the proprietors at any half-yearly or colonial Secrc- other general meeting by such auditors or by any other auditors specially ''"^' appointed to inquire into the state of the accounts or affairs of the corporation shall be transmitted to the office of the Colonial Secretary 148 BANK OP NEW SOUTH WALES. 14 ViOTOBiA. at Sydney for inspection thereof within thirty days from the makmg of such report. Penalties for neglects in respect of audits. and for false or deceptive reports. 19. And be it enacted That if such examination into or report on the state of the accounts or affairs of the corporation as herein- before required to be made by auditors shall be neglected to be made or if a duplicate copy of any such report shall be omitted to be trans- mitted to the office of the Colonial Secretary as hereinbefore required the said corporation shall for every such offence forfeit and j)ay to Her Majesty for the public uses of the Colony the sum of one hundred pounds to be recovered by action of debt in the Supreme Court and if any such auditors shall at any time knowingly make or concur in a false or deceptive report on the state of the accounts or affairs of the corporation such auditor shall for every such offence forfeit and pay to Her Majesty for the public uses of the Colony the sum of two hundred pounds to be recovered in the said Supreme Court and if any such auditor shall make a declaration to any such false or deceptive report knowing the same to be false and deceptive he shall be deemed guilty of perjury and shall be liable to all the pains and penalties provided by the law for such offence. Provision as to £0. And be it enacted That in any action or suit to be brought by actions or suits _ ._ . . -J , . r*°i*^ for calls. the said corjjoration against any proprietor or proprietors ot any share or shares in the capital of the said corporation to recover any sum or sums of money due and payable to the said corporation for or by reason of any. call or calls made by virtue of this Act or of the said indenture or deed of settlement it shall be suiEcient for the said corporation to declare and allege that the defendant or defendants being a proprietor or proprietors of such or so many share or shares in the capital of the said corporation is or are indebted to the said corporation in such sum or sums of money as the call or calls in arrear shall amount to for such and so many call or calls of such or so many sum or sums of money upon such or so many share or shares belonging to the said defendant or defendants (as the case may be) whereby an action hath accrued to the said corporation 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 or any of them who made such call or calls or any other matters except that the defendant or defendants at the time of making such calls was or were a proprietor or pro- prietors of some share or shares in the capital of the said corporation and that such call or calls was or were in fact made and that such notice thereof was given as is directed by the said indenture or deed of settlement and the said corporation shall thereupon be entitled to recover what shall appear due. &o"made*™done ^^' -^^^^ ^® ''^ 61^*'^*^'^ ^hat nothing herein contained shall prejudice under the deed or be deemed to prejudice any call made or any contract or other act b'efore'S'Act ^^^^ matter or thing_ entered into made or done by the said Company in operation not under or by virtue of the said indenture or deed of settlement before to be prejudiced ^|^-g ^^^ gj^g^j^ ^pj^g jj^^.^ operation but the same call contract act deed matter or thing shall be as valid and effectual to all intents and purposes as if this Act had not been passed and may be enforced in like manner as if the said Company had been incorporated before the same call contract act deed matter or thing had been made entered into or done. BANK OP NEW SOUTH WALES. 149 22. And be it enacted That in all cases in which shares in the capital 14 Victoeia. of the said corporation shall be transferred between the period of this in case of trans- Act coming into operation and the actual commencing of business by J^encanent°o'f " the said corporation the responsibility of the original holder of the business liability transferred share shall continue for six months at least after the date SoidefsTo cot'^' of the transfer. tlnuesixmonths. 23. And be it enacted That in the event of the assets of the said Limit to corporation being insufficient to meet its engagements then and in '"'^'^'''«=- that case the shareholders shall be responsible to the extent of twice the amount of their subscribed shares only (that is to say) for the amount subscribed and for a further and additional amount equal thereto. 24. And be it enacted That the directors for the time being of the Custody and use said corporation shall have the custody o^ the common seal of the aeai?"^"'"*^ said corporation and that the form thereof and all other matters relating thereto shall from time to time be determined at a board of directors of the said corporation in the same manner as is provided in and by the said indenture or deed of settlement for the determi- nation of other matters by the board of directors of the said Company and the directors present at a board of directors of the said corpora- tion shall have power to use the common seal of the said corporation for the affairs and concerns of the said corporation and under such seal to authorize and empower any person without such seal to execute any deeds and do all or any such other matters and things as may be required to be executed and done on behalf of the said Company and in conformity with the provisions of the deed of settlement and of this Act but it shall not be necessary to use the corporate seal in respect of any of the ordinary business of the Company or for the appointment of an attorney or solicitor for the prosecution or defence of any action suit or proceeding. 25. Provided always and be it enacted That nothing in this Act ®^H"f ^a-eS''*^ contained shall be deemed to affect or apply to any right title or and of other interest of Her Majesty her heirs or successors or of any body or ^^en°,"n"2'iQ bodies politic or corporate or of any person or persons except such this Act. bodies politic or corporate and other persons as are mentioned in this Act and those claiming by from or under them. 26. And be it enacted That this Act shall be deemed and taken to ™Ltd"°ubiio be a public Act and shall be judicially taken notice of as such by the Aot"° * ^" Judges of the Supreme Court of New South Wales and by all other Judges Justices and others within the Colony of New South Wales and its dependencies without being specially pleaded. 27. And be it enacted That in this Act the following words shall interpretation have the following meanings hereby assigned to them unless there be ° °'™''" something in the subject or context repugnant to such construction (that is to say) words importing the plural number shall include the singular number and words importing the masculine gender shall include females and bodies corporate as well as individuals. 150 BANK OF KEW SOUTH WALES. 16 Victoria. ^^ ^^^ ^^ amend an Act intituled An Act to incorporate tlie Proprietors of a certain Banking Company called ' ' The Bank of New South. Wales ' ' and for other pur- poses therein mentioned. [21 December, 1852.] Preamble. \\/ HEJIEAS it tas been found that the enactments contained in the VV Act of Council passed in the fourteenth year of Her present 14 Vic. Bank of Majesty's reign intituled An Act to incorporate the Proprietors of a Wales Act. certain Banking Company called the Bank of New South Wales and for other purposes therein mentioned whereby a certain limit therein expressed is imposed in respect of the total amount of the promissory- notes of the said hank payable on demand to be issued and in circula- tion and whereby a certain other limit is imposed in respect of the total amount of the debts engagements and liabilities of the said bank whether upon bonds bills promissory-notes or otherwise contracted other than such as therein excepted are unnecessarily and incon- veniently restrictive under the altered circumstances of the Colony And whereas it is expedient to repeal the same and to substitute in lieu thereof other provisions of a more expansive character Be it therefore enacted by His Excellency the G-overnor of New South Wales by and with the advice and consent of the Legislative Council thereof as follows — 2. All promissory-notes which by the said recited Act the said cor- Tiie sLtth and 1. The sisth and fourteenth sections of the said recited Act are hereby fourteenth t t ■/ sections of the repealed. Bank of New South Wales Act repealed. ^- I'-n t~ .Extent to which poration are authorized to make issue and circulate shall bear date at Mtes my b? ^^^^ ^^^J iown or place at and from which the same respectively shall be issued. niade and issued and the same respectively shall in all cases be payable in specie on demand at the place of date and the total amount of the promissory-notes payable on demand issued and in circulation within the Colony of New South Wales shall not at any one time exceed the amount of the coin bullion and public securities which shall for the time being be held by the said corporation within the said Colony, (a) 3. (Amount to which general liabilities to be limited Certain liabili- ties not taken into account.) [Sepealed hy 18 Vic. sec. 1.] 4. (Unassayed gold deemed bullion.) 5. (What deemed public securities.) [[Bepealed hy 18 Vic. sec. 1.] [Bepealed by 18 Vic. sec. 1.] (a) Vide section 1 of the Bank of New South Wales Act of 1854, 18 Vic. BANK OF NEW SOUTH WALES. 151 An Act to amend an Act intituled An Act to amend an is v^ictokia. Act intituled an Act to incorporate the Proprietors of a certain Banking Company called "The Bank of New South Wales" and for other purposes therein mentioned. [18 November, 1854.] WHEREAS by an Act of the Grovernor and Legislative Council of Preamble. New South Wales passed in the sixteenth year of Her present Majesty's reign intituled An Act to amend an Act intituled an Act to le victoria 'incorporate the Proprietors of a certain Banking Company called the soutVwaieT Bank of New South Wales and for other purposes thereia mentioned Act. a certain limit is imposed in respect of the total amount of the promis- sory-notes of the said hank payable on demand to he issued and in ■ circulation and a certain other limit is imposed in respect of the total amount of the debts engagements and liabilities of the said bank other than such as therein excepted And whereas it has been found expedient to amend the said Act Be it therefore enacted by His Excellency the Grovernor of New South Wales by and with the advice and consent of the Legislative Council thereof as follows — 1. The third fourth and fifth sections of the said recited Act and so The 3rd 4th Bth much of the second section thereof as limits the amount of the pro- |°^ sect'ions'of missory -notes of the said corporation payable on demand issued and in Bank of New ij- J. J.- T-vij^ South Wales circulation at any onetime are hereby repealed,. Amendment Act repealed. 2. The said corporation shall have power to issue and have in circu- Extent to which lation promissory-notes payable on demand to the extent of the amount °'''E"^,Jf ^^^^ of its actual paid-up capital and to any such further amount in excess issued. of the said capital as the said corporation shall hold coin or gold bulHon assayed by some person duly authorized by the G-overnor for the time being of the said Colony or partly coin and partly gold bullion assayed of 'Schlssue'.""^ . as aforesaid separate and apart from the coin and gold bullion used in the ordinary operations of the said corporation Provided however that the power to issue such notes in excess of the said capital as afore- said shall continue and be in force until some general provision be made by the Legislature in respect of the issue of promissory -notes payable on demand by the banking institutions of the said Colony and no longer but nothing herein contained shall be construed to abridge in any way the privileges enjoyed by the said corporation in respect of the issue . of such promissory-notes under the original Act of Incorporation passed in the fourteenth year of Her present Majesty's reign. 3. All such promissory -notes as aforesaid which the said corporation Bank notes ■ shall make issue and circulate within the Colony of New South Wales where payable. shall be payable at the principal banking establishments of the said corporation at Sydney as well as at the place of date. 4. The total amount of the debts engagements and liabilities of the Amount to ■said corporation whether upon bonds bills promissory-notes or other- uabiii'H^gto''bo wise contracted other than their liabilities on account of the ordinary limited, cash deposits of customers and on account of bills of exchange drawn .by or on behalf of the said corporation upon any banker or banking 152 BANK OP NEW SOUTH WALES. 18 Victoria Company or agency in the United Kingdom of Grreat Britain and. Ireland or elsewhere within the amount or value of remittances made to such banker or hanking Company or agency respectively to provide for the payment of the said bills of exchange may extend to but shall not in any case exceed three times the amount of the actual paid up capital stock of the said corporation. Preamble. 14 Vic. 27 Victoria. An Act to amend an Act intituled An Act to incor- porate the Proprietors of a certain Banking Company called " The Bank of New South Wales " and for other purposes therein mentioned. [31 March, 1861] WHEEEAS it has been found that certain of the enactments contained in the Act of Council passed in the fourteenth year of Her present Majesty's reign intituled An Act to incorporate the Proprietors of a certain Banking Company called the Bank of New South Wales and for other purposes therein mentioned whereby a limit is or may be construed to be placed on the operations and conduct of business of the said corporation confining the same to the Cyilony of New South Wales and certain other of the enactments contained in such Act as regards the taking of security for the protection of the operations of such bank are unnecessarily and inconveniently restric- tive And whereas it is expedient to repeal the same and to sabstitute in lieu thereof other provisions of a more expansive character 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 third section of the said recited Act shall be and is hereby repealed. 2. It shall be lawful for the said corporation subject to all the restrictions and provisions herein contained to carry on the business of a bank of issue discount and deposit in the Colony of New South Wales and elsewhere and to make loans of money on cash credit accounts promissory-notes bills of exchange or letters of credit and on any personal or other securities and it shall also be lawful for the said corporation to deal in money bullion and specie and in exchanges of and with all countries and in notes bills or other securities for money and generally to transact all such other business as it is or shall or may at any time hereafter be usual and lawful for establishments carrying on banking in all its branches or dealing in money bullion and specie and in exchanges or in notes bills or other securities to do or transact and to establish agencies branch banks or connexions in relation to the said business in any of the adjoining Colonies or places or in any part of the British dominions or elsewhere and to give letters of credit thereon for any purposes whatsoever but that it shall not be lawful for the said corporation to advance or lend any money upon the security of lands or houses or ships nor to own ships and the said corporation shall not hold shares in its own stock nor advance or lend to any shareholder or proprietor of shares in the said corporation any Repeal of section 3 of recited Act. Nature of ^business. BANK OF NEW SOUTH WALES. 153 sum or sums of money on the security of his share or shares nor invest 27 Victoria. lay out employ advance or embark any part of the capital or funds of the said corporation in the purchase of any lands houses or other real or leasehold property whatsoever (save and except as herein and in the said recited Act specially provided) nor of any share or shares in the capital or stock for the time being of the said corporation nor in any trading or mercantile speculation or business whatsoever not usually considered as falling under the ordinary and legitimate purposes and operations of banking establishments Provided always that nothing herein or in the said recited Act contained shall invalidate any lien acquired or to be acquired by the deposit of deeds or any mortgage of lands or other property taken or to be taken by the said corporation or any person or persons on their behalf as security collateral to any bill promissory-note bond or other security or any right claim or title to lands or other property thence to arise or the lien secured by the deed of settlement to the corporation over the shares belonging to any pro- prietor becoming indebted or coming under engagements to the corpora- tion or making default in the fulfilment of any covenant in the said deed of settlement contained or prevent the corporation from holding the shares forfeited by such default for the purpose of sale as provided in the said deed of settlement or from taking security by the hypothe- cation of merchandise or bills of lading thereof for the payment of any bill or bills of exchange drawn against any shipment of wool tallow or any other description of merchandise shipped for exportation either to or from any port or place beyond the sea or from one port to another within the Australasian territories or from taking any mortgage or lien on any stations runs sheep or cattle and their increase progeny wool and other produce under the Acts of the Colonial Legislature for that purpose made and provided or from taking holding and enjoying to them their successors and assigns for any estate term of years or interest for the purpose of reimbursement only and not for profit any lands houses or other hereditaments or any merchandise or ships which may be taken by the Company in satisfaction liquidation or discharge of or in security for any debt due or to become due to the Company or from selling conveying and assuring the same as occasion may require And it is hereby declared that aU such liens mortgages rights claims and holdings shall be valid. 3. That in all cases in which by any Act of Parliament or of the Power to Colonial Legislature or by any rule or order of the Supreme Court or ^her^officer to any other Court now or hereafter to be in force in this Colony the do certain acta, plaintiff or defendant in any action suit or other proceeding or any creditor of an insolvent estate or any person being a party to or in- terested ia any process or proceeding whatsoever is or shall be author- ized empowered or required to make any affidavit or to sign or present any petition or to do any other act it shall be lawful for the manager or other competent officer or agent of the said corporation (where the said corporation shall be such plaintiff defendant or creditor or be a party to or otherwise interested in any process or proceeding whatsoever as aforesaid) to make any such affidavit and for and on behalf of the corporation to sign or present any such petition or do any such other act as aforesaid. 154 BANK OF NEW SOUTH WALES. 33 VioTOEiA. An Act to amend an Act intituled An Act to incorporate the Proprietors of a certain Banking Company called " The Bank of New South Wales" and for other pur- poses therein mentioned. [27 April, 1870.] Preamble. "^TTHEEEAS "by the fifth section of the Act of Council passed in the W fourteenth year of the reign of Her present Majesty intituled An Act to incorporate the Proprietors of a certain Banking Company called the Bank of New South Wales and for other purposes thereia mentioned it was enacted that it should be lawful for the said corpora- tion for and during the term of twenty-one years to commence from the period when the whole of the capital should have been subscribed for and a moiety thereof paid but not otherwise to make issue and cir- culate at and from any city town or place in which they might have opened or established any bank branch bank or agency under or by virtue of the said Act or of the said deed of settlement any bank notes or bills for one pound or five pounds sterling each or for any greater sum than five pounds sterling each but not for any fractional part of a pound and from time to time during the said term of twenty-one years to reissue any such notes or bills when and so often as the corporation should think fit and by the same section it was provided that such privilege should cease upon the happening of any of the events therein mentioned And whereas the said term of twenty-one years will shortly expire and it is expedient to amend the said Act by extending the time during which the said corporation may make issue and circulate such bank notes or bills Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legisla- tive Council and Legislative Assembly of New South Wales in Parlia- ment assembled and by the authority of the same as follows : — Extension of 1- It shall be la"\rful for the said corporation subject to the condi- bmk buiatnd °* ^ions restrictions and limitations contained in the said Act of lucorpora- notes. tion and the several Acts amending the same so far as such conditions restrictions and limitations now remain in force for and during the further term of twenty-one years to commence and be computed from the expiration of the said first term of twenty-one years to make issue and circulate at and from any city town or place in which the said corpora- tion has opened or may open or establish any bank branch bank or agency under or by virtue of the said recited Act of Incorporation or of the deed of settlement recited in the said Act of Incorporation any bank notes or bills for one pound or five pounds sterling each or for any greater sum than five pounds sterling each but not for any frac- tional part of a pound and from time to time during such further term to reissue any such notes or bills when and so often as the corporation shall think fit. Short title of 2. The said Act of Incorporation whenever cited shall be sufficiently " '• described as the Bank of New South Wales Act of 1850 and this Act whenever cited shall be sufficiently described as the Bank of New South Wales Act of 1870. 155 BASSETT-DAELEY ESTATES. An Act to authorize the Trustees of the Marriage Settle- 40 Viotoeia. ment of Mrs. Bassett to sell and dispose of certain lands at Manly Beach and elsewhere in the Colony of New South Wales. [21 March, 1877.] \1IT HEEEAS Darcy "Wentwortli late of Homebush in the Colony of Preamble. T T New South. Wales Esquire on the fifth day of July one thou- sand eight hundred and twenty-seven duly made signed and published his last will and testament in writing of that date whereby reciting that he was possessed of extensive real estates which he was desirous of bequeathing to his children in such manner as that the same should be enjoyed by them respectively only for and during the period of their natural lives in order therefore to limit the same strictly in entail to them his said children and to the several and respective heirs of their bodies respectively the said testator gave devised and bequeathed the whole of his property real personal and mixed wheresoever the same might be situate except as thereinafter was excepted unto his friends John Thomas Campbell William Lawson William Eedfern Esquires and unto his the said testator's son William Charles Wentworth Esquire their heirs executors administrators and assigns according to the respective nature and quality thereof To have and to hold his the said testator's said real personal and mixed estate to them his the said testator's said trustees and the survivor of them and the heirs executors administrators and assigns of such survivor In trust nevertheless to and for the uses intents and purposes following that was to say (after devising certain legacies and annuities and delaring certain trusts in respect thereof) Upon trust to allow his the said testator's said son William Charles Wentworth to have possess and enjoy certain of his the said testator's estates and property in the said will particularly mentioned and described the said William Charles Wentworth to possess and enjoy the said estates hereditaments and premises re- spectively and every part and parcel thereof for and during the term of his natural life and from and after his decease the same to go and descend to his first and other sons and daughters in tail in the order of primogeniture males to be preferred to females and to the several and respective heirs of their bodies so as that each possessor should take only a life estate and interest in the same And in the event of the said WiUiam Charles Wentworth's decease without issue then the said testator gave and devised his said estates to his said trustees and their heirs in trust to allow his the said testator's other children thereinafter mentioned to possess and enjoy the Same strictly limited to life interest and entail to each of them respectively in the order of primogeniture males to be preferred to females in the order in the said will particu- larly mentioned And (after certain devises and declarations of trust in favor of his son Darcy Wentworth) Upon further trust to allow his the said testator's children Martha Sophia Eobert Mary Ann and Katherine to possess and enjoy the whole of his the said testator's lUawarra estate (including certain lands at Liverpool and Appin) and •comprising the several parcels of land mentioned and described in the 156 BASSETT-DAELET ESTATES. 40 VicTOKiA. second ScTiedule hereto for and during tlie periods of the respective natural lives of his said testator's said five therein last-mentioned children to he held and enjoyed by them respectively and by their respective heirs of their bodies as tenants in common and not as joint tenants with the like limitations as to remainder to their respective issue and to succession in default of such issue as was thereinbefore in the said will limited and appointed with regard to the other estates thereby by the said will devised and be- queathed to his the said testator's said son WilHam Charles And (after declaring certain trusts in regard to certain other property of the said testator) Upon further trust to allow his the said testator's daughter Katherine to enjoy his the said testator's estates at Broken Bay North Harbour and Duck Eiver more particularly described in the first Schedule hereto to be had and held by the said Katherine during the term of her natural life and to go and descend to the heirs of her body subject to the like limitations and conditions as were therein- before in the said will declared of and concerning the said other real estates (being the limitations and conditions declared of and concern- ing the property devised to the said testator's said son William Charles "Wentworth and similar limitations and conditions as to property devised to and in trust for certain others of the said testator's children) And the said testator declared that in the event of the death of any of his said nine children (in the said will particularly mentioned) without issue of their bodies as therein aforesaid he the said testator gave and devised the estate or estates thereinbefore given and devised in trust for such children and their issue as therein aforesaid as should die without issue to the eldest of his the said testator's said children who should be then living in the order of succes- sion therein j)articularly mentioned to be had and held by such suc- ceeding child and the heirs of his or her body subject to the like limitations and conditions as therein aforesaid And whereas the said testator was at the time of his so making the said will seized and possessed of the said joarcels of land and hereditaments respectively mentioned and described in the said first and second Schedules hereto And whereas the said testator died on the seventh day of July one thousand eight hundred and twenty-seven without having in any way altered or revoked his said last will and testament which was on the twenty-second day of May one thousand eight hundred and twenty- eight duly proved in the Supreme Court of New South Wales in its Ecclesiastical Jurisdiction when administration of the estate of the said Darcy Wentworth was duly granted to the said John Thomas Campbell William Lawson and William Charles Wentworth And whereas under misapprehension as to the true construction of the said will of the said Darcy Wentworth it was originally believed that the said Katherine the said daughter of the said Darcy Wentworth took an estate tail in the several lands hereditaments and premises devised to and in trust for her by the said will of the said Darcy Wentworth and that she was accordingly able by a deed duly executed in accordance with the provisions of the Statute in that behalf in force in the said Colony of New South Wales to bar the said supposed estate tail and all remainders in the said lands hereditaments and premises expectant thereon And whereas under such misapprehension as aforesaid certain deeds were executed for the purpose of barring the supposed estates tail of the said Katherine Wentworth the daughter of the said testator in the said lands hereditaments and premises mentioned and BASSETT-DAELET ESTATES. I57 described in the said first and second Schedules hereto and for the 40 Viotoeia. purpose of settling the same on the then intended marriage of the said Katherine Wentworth with one Benjamin Darley And whereas the said Katherine "Wentworth intermarried with the said Benjamin Darley on the sixth day of Eehruary one thousand eight hundred and forty- seven by whom she had several children of whom the eldest and only now surviving son was and is Benjamin Wentworth Darley who was born on the twenty-first day of May one thousand eight hundred and fifty-four and attained his age of twenty-one years on the twenty-first day of May one thousand eight hundred and seventy-five And whereas the said Benjamin Darley died on the twenty-second day of June one thousand eight hundred and sixty-four leaving him surviving the said Katherine his widow and the said Benjamin Wentworth Darley his only now surviving and eldest son by the said Katherine Darley And whereas upon the death of the said Benjamin Darley the said Katherine his widow had only the same and the same extent of estate of and in the said land hereditaments and premises mentioned and described in the said first and second Schedules hereto as she took under the will of the said testator Darcy Wentworth namely a life estate And whereas by an indenture dated the twenty-first day of November one thousand eight hundred and sixty-seven and made between the said Katherine Darley of the first part William Thomas Bassett of the second part and G-eorge Osborne and Edwin Daintrey of the third part reciting that a marriage had been agreed upon and was intended to be then shortly solemnized between the said Katherine Darley and William Thomas Bassett and (amongst other recitals) also reciting that under the said will of the said testator Darcy Wentworth the said Katherine Darley was or might be entitled for her life or other interest to some share or shares in his real estate and absolutely or otherwise to some share in his personal estate and that it had been agreed that the same should be settled as therein men- tioned the said Katherine Darley with the consent of the said William Thomas Bassett granted assigned released and conveyed unto the said G-eorge Osborne and Edwin Daintrey their heirs executors adminis- trators and assigns All and singular the estate share right title and interest whatsoever whether for life or absolutely or for any other estate and whether in possession reversion remainder or expectancy which under or by virtue of the will of her said deceased father Darcy Went- worth she the said Katherine Darley then was or should or might be or become entitled to in the real and personal estates of him the said Darcy Wentworth deceased and whether the same were situated in New South Wales or elsewhere In trust for the said Katherine Darley her heirs executors administrators and assigns until the said intended marriage should be solemnized And after the solemnization thereof Upon trust as to the said real estate and hereditaments thereby granted and conveyed or intended so to be Upon trust for the said Katherine Darley for her sole and separate use and benefit and so that she might receive the rents and profits of such real estate and heredita- ments free from the debts and control of her said intended husband during her life without anticipation and from and after her decease Upon trust for such person as she should by any deed or by her will notwithstanding coverture appoint and in default of appointment Upon trust for the right heirs of the said Katherine Darley And in the said indenture was contained a power to appoint new trustees in the events therein mentioned and enabling the said Katherine Darley 158. BASSETT-DAELET ESTATES. 40 Victoria, during her life to exercise such power And whereas by an indenture dated the eleventh day of January one thousand eight hundred and sixty-nine and made between the said Katherine Bassett of the first part the said George Osborne of the second part and Alexander Stuart of the third part reciting that the said Edward Daintrey had declined to act and had nerer acted in the trusts of the said indenture of the twenty-first day of November one thousand eight hundred and sixty- seven the said Katherine Bassett nominated and appointed the said Alexander Stuart to be a new trustee in the room and place of the said Edwin Daintrey and to act in conjunction with the said Q-eorge Osborne in the trusts of the said last-mentioned indenture And by the now reciting indenture All and singular the estate share right title and interest real and personal estate whatsoever and other premises comprised in and by the thereinbefore and hereinbefore recited inden- ture of the twenty -first day of November one thousand eight hundred and sixty-seven was granted released and assigned unto the said Q-eorge Osborne and Alexander Stuart their heirs executors administrators and assigns upon the trusts of the said last-mentioned indenture And whereas by an indenture dated the twenty-second day of September one thousand eight hundred and fifty-one and expressed to be made between Thomas Alexander Eeddall of the first part Eobert Towns and Sophia Towns his wife (formerly Sophia Wentworth) of the second part Eobert Darcy "Wentworth Towns eldest son of the said Sophia Towns an infant under the age of twenty-one years of the third part the said Eobert Towns and Stephen Addison of the fourth part the said Stephen Addison and Mary Ann Addison his wife (formerly Mary Ann Went- worth) of the fifth part Hugh Darcy Addison eldest son of the said Mary Ann Addison an infant under the age of twenty-one years of the sixth part the said Benjamin Darley and Katherine Darley his wife of the seventh part Katherine Darley the younger eldest daughter of the said Katherine Darley an infant under the age of twenty-one years of the eighth part the said Eobert Towns and Alexander Donaldson Kellie of the ninth part and Randolph John "Want of the tenth part a partition of the said lands hereditaments and premises mentioned and described in the said second Schedule hereto was purported to be made but the same was ineffectual for such purpose inasmuch as the same was not executed by all the parties who were interested in the said lands hereditaments and premises and whose execution was necessary to complete and effect such partition And whereas by an indenture dated the sixteenth day of March one thousand eight hundred and seventy-six and made between the said Benjamin Wentworth Darley of the first part the said G-eorge Osborne and Alexander Stuart of the second part Q-eorge PenkivU Slade of the third part and the said Benjamin Wentworth Darley of the fourth part the said Benjamin "Wentworth Darley with the consent of the said George Osborne and Alexander Stuart granted and released All that the inheritance in remainder expectant on the determination of the said estate for life of the said Katherine Bassett of and in all those the said lands hereditaments and premises mentioned and described in the said first Schedule thereto and hereto and of and in all that the share estate and interest of the said Benjamin Wentworth Darley in the lands and hereditaments mentioned and described in the said second Schedule thereto and hereto to the said George Penkivil Slade freed and discharged of and from all estates tail of the said Benjamin Wentworth Darley in the said lands hereditaments and premises and all estates- rights titles interests and powers to take effect after the determination- BASSETT-DARLET ESTATES. 159 or in defeasance of the same estates tail to the use of the said Benjamin 40 Victoria. Wentworth Darley his heirs and assigns for ever And whereas the said lands hereditaments and premises mentioned and described in the said first and second Schedules hereto are of great value and it would he advisable and of great advantage to all parties interested in the same that the said lands in the said first Schedule mentioned should be sold and the moneys arising from the sale thereof be held in trust for the persons iaterested in the same lands hereditaments and premises according to their respective estates and interests therein And whereas it is expedient that the trustees of the said indenture of the twenty-first day of November one thousand eight hundred and sixty-seven should have power to dispose of the share and interest of the said Katharine Bassett and Benjamin Wentworth Darley in the lands mentioned in the said second Schedule hereto And whereas the said objects cannot be attained without an Act of the Legislature there being no power of sale contained in the said indenture of settlement of the twenty-first day of November one thousand eight hundred and sixty-seven 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. Prom and after the passing of this Act the said lands heredita- Land in first ments and premises mentioned and described in the said first Schedule vested'n trustees hereto shall be vested ia the said Greorge Osborne and Alexander ^ *ee-simpie. Stuart their heirs and assigns for an estate of inheritance in fee-simple in possession. 2. It shall be lawful for the said Greorge Osborne and Alexander Trustees em- Stuart or other the trustees or trustee of this Act (such person or and convey.^'' persons whether the present or future trustees or trustee being herein- after designated as the said trustees or trustee) to sell and dispose of all and singular the lands hereditaments and premises mentioned and described in the said first Schedule hereto or any or either of them or any part of the same by public auction or private contract either in one or several lots and in such parcels lots and divisions and upon such terms and conditions as they or he shall deem expedient and for such price or prices as can be reasonably obtained for the same with power to buy in the said lands hereditaments and premises or any part thereof at any sale by auction and to rescind or vary any contract for sale and to resell without being responsible for any loss occasioned thereby Upon any sale so made the said trustees or trustee may convey the land so sold to the purchaser or purchasers thereof or as such purchaser or purchasers may direct and upon the execution of any such conveyance the inheritance in fee-simple in possession in the land thereby conveyed shall vest in the person or persons to whom the same shall be conveyed either absolutely or to or for such estates uses trusts or limitations as may be created limited or declared in and by such deed. 3. It shall be lawful for the said trustees or trustee to allow any powertogive purchaser or purchasers credit for the payment of the whole or part of p^^j^gr*" p"" his her or their purchase money upon such terms as to iaterest or otherwise generally as the said trustees or trustee may deem reasonable and expedient Provided that the land in respect of which such credit shall be given shall remain unconveyed or shall by a proper mort- gage with fuU powers of entry and sale and other usual and proper 160 BASSETT-DAELET ESTATES. 40 Victoria, provisions be made a security for the payment of the purchase money remaining unpaid and in respect of which credit is given And provided that in the event of credit being given for the whole purchase money such other security be given by or on behalf of the purchaser as shall in the opinion and discretion of the said trustees or trustee be sufficient together with the value of the land in respect of which such credit shall be given to secure the payment of the said purchase money and accruing interest thereon In the event of any such security being taken the vendors lien for the said purchase money and every part thereof shall in all cases continue and be enforceable notwithstanding any arrangement as to the giving or taking of such security or otherwise. Trusts of pur- 4. The Said trustees or trustee shall stand possessed of all moneys To^paycosts'and arising from any sale hereby authorized Upon trust in the first place expenses of Act. to pay all costs and expenses of and incidental to thp procuring and passing this Act and also of all deeds instruments acts dealings and pro- ceedings previously or subsequently to the passing of this Act executed To pay expenses signed done or undertaken for the purpose of enabling the said trustees " ^ ^' or trustee to carry out any sale hereby authorized And in the next To pay commis- place to pay all costs and expenses of and incidental to such sale And Investment of in the next place to retain and pay the commission hereby authorized surplus. ^jj^ ij]^ the last place to invest the surplus of the said moneys arising from any such sale after making and paying such costs charges expenses and commission as aforesaid in any debentures or Grovernment securi- ties of any kind of the Colonies of New South "Wales Victoria Queens- land or New Zealand or the public stocks or funds or G-overnment securities of the United Eangdom or upon freehold leasehold or chattel real securities in the United Kingdom of England and Ireland or any of the said Colonies or in or upon the stocks funds shares debentures mortgages or securities of any corporation Company or public body municipal commercial or otherwise in the United Kingdom or any of the said Colonies or upon bank deposit receipts of any bank in the said United Kingdom or any of the said Colonies and with power from time to time and at any time to vary or transpose any such investment and security into or for any other investment or security of the nature hereby authorized. men's. °'""^^'' ^- '^^^ ^^^'^ trustees or trustee shall stand possessed of all and every such stocks funds and securities and all the net interest income and annual produce thereof Upon trust during the life of the said Katherine Bassett to pay such net interest income and annual produce of the said stocks funds and securities to the said Katherine Bassett for her life for her sole and separate use and fi-ee from the debts control or interference of her present or any future husband her receipts alone to be sufficient discharges for the same and so that she may not in any way dispose of the same income and annual proceeds by way of antici- pation After the decease of the said Katherine Bassett the said trus- tees or trustee shall stand possessed of the said stocks funds and securities and the interest income and annual produce of the same upon trust for the said Benjamin "Wentworth Darley absolutely. If the said Katherine Bassett shall die at any time between the times at which any such income as aforesaid shall be payable on any such investment the said trustees or trustee shall apportion the income becoming payable at the time next after the death of the said Katherine Bassett between the representatives of the said Katherine Bassett and the said Benjamin BASSETT-DAHLET ESTATES. 161 "Wentwortli Daiiey or Ms representatives according to the proportion 40 Viotobia, of time during which each of such parties have been respectively entitled to the stocks funds or securities producing such income. 6. It shall be lawful for the said trustees or trustee to lease either Power to grant the whole or any part of the said lands and hereditaments mentioned ''"'''^"'S leases. and described in the said first Schedule hereto to any person or persons who shall covenant to improve the same by erecting and building thereon any house or houses building or buildings and to repair and rebuild any houses or buildings which shall hereafter be standing thereon or by otherwise expending in improvement such moneys as shall be deemed adequate to the interest to be parted with for any term of years not exceeding ninety-nine years to take effect in possession and not in reversion or by way of future interest so as there be reserved in every such lease the best yearly rent to be incident to the immediate reversion that can be reasonably obtained without taking anything in the nature of a fine or premium for the making thereof and so that there be con- tained in every such lease a condition of re-entry for non-payment of rent within, a reasonable time to be therein specified or non-observance or non-performance of covenants by the lessee and so that the lessee do execute a counterpart thereof and thereby covenant for payment of the rent thereby reserved and be not by any express words made dispunish- able for waste. 7. The said trustees or trustee shall stand possessed of the rents Rents to be held arising from and payable under any lease made under the authority of "ncotMoHnvest^ this Act upon the same trusts as are herein declared in regard to the ments. income of the said stocks funds and securities under the fifth section of this Act. 8. It shall be lawful for the said trustees or trustee to make and Power to make alter and concur in the making and altering of any roads streets or ^°^^ *"• ways on and over any part or parts of the said lands hereditaments and premises mentioned and described in the said first Schedule hereto and also to undertake and concur in undertaking any works for and to make erect and carry out and concur in making erecting and carrying out any gardens ornamental grounds places of recreation erections sewers drains watercourses lamps lighting or any other work which may in their or his discretion conduce to the better laying out or selling of the said lands and hereditaments or the convenience and enjoyment of those persons who may have purchased any part thereof The cost of any such works on the part of the said trustees or trustee or their or his proportion of any cost for such works shall for the purposes of this Act be held to be costs and expenses of and incidental to sales here- under Eor any of the purposes of this section the said trustees or triistee may reserve and dedicate either absolutely or upon any condition any part and parts of the said lands hereditaments and premises. 9. It shall be lawful for the said trustees or trustee without price power to dedi- or consideration to convey and dedicate any part or parts of the said reUpoJJg ^duca- lands hereditaments and premises mentioned and described in the said tionai ^'i=han- first Schedule hereto either absolutely or upon any conditions for the «p™pos<=s- purpose of the erection of any building for religious educational or charitable purposes and to confirm any appropriation or gift of any part of the said lands and hereditaments made for any such purpose at any time previously to the passing of this Act. 162 BASSETT-DAELET ESTATES. 40 Victoria. 10. It shall be lawful for the said trustees or trustee to exchange Power to ex- any part of the said lands hereditaments and premises mentioned and prevkiusiysori described in the said first Schedule hereto for any other part or parts of the said lands hereditaments and premises which may have been previously sold and conveyed under the authority of this Act and for the purpose of carrying out any such exchange to execute and do any deed or thing in the opinion of the said trustees or trustee necessary or expedient. r°T'^*d^"R^i ■'■■''■■ The said trustees or trustee may at any time and from time Property Act. to time make execute sign take and do all applications deeds instru- ments steps and things necessary or expedient for the purpose of bringing under the provisions of the Eeal Property Act the said lands hereditaments and premises mentioned and described in the said first Schedule hereto or any part or parts thereof. Trusteea com- 12. It shall be lawful for the said trustees or trustee from time to time to retain and pay to themselves and the others and other of them an aggregate commission of five pounds per centum calculated upon the moneys arising from every sale made under the authority of this Act after deduction of all commission auctioneers agents and advertising costs and expenses of such sale Upon any lease made under the authority of this Act the said trustees or trustee may retain and pay to themselves and the others and other of them an aggregate commission of five pounds per centum calculated upon a capitalized value of the rent thereby reserved money for such purpose being taken to be of the value of six pounds per centum per annum. Trustees reeeipta 13. The receipt and receipts in writing of the said trustees or trustee to be sufficient t_ ^^ -• iij.j-ij. i i j! discharges. snaii be an absolute discharge to any purchaser or purchasers oi any lands and hereditaments sold and to any lessee or under tenant of any land so as aforesaid demised for any purchase money and rent respectively paid in respect of any such purchase and the reservations and provisions of any such lease and shall exonerate the person or persons so paying from the necessity of seeing to the application of any such purchase money or rent and from any liability for the non- appHcation or misapplication of the same or any part of the same. new'trustoes* "' ^^' ^P°^ ^^^ death desire to be discharged from or refusal or becoming unfit or incapable to act in the trusts of this Act of the said G-eorge Osborne and Alexander Stuart or either of them or of any trustee appointed under the provisions of the sixty-third section of the Trust Property Act of one thousand eight hundred and sixty-two (which shall be held to be incorporated herewith) the said Katherine Bassett shall during her lifetime be held to be the person nominated for the purpose of appointing a new trustee and after her death so long as any trusts of this Act shall remain unperformed the said Benjamin Wentworth Darley his executors or administrators shall be held to be the person or persons (as the case may be) nominated for the purpose of appointing a new trustee The expression " the said trustees or trustee " wherever used in this Act shall be taken and held to mean the trustees or trustee for the time being of this Act whether original or substituted. Power to trustees 15. It shall be lawful for the said George Osborne and Alexander semnffT/nd"in Stuart or the trustees or trustee for the time being of the said inden- second Schedule, ture of the twenty -first day of November one thousand eight hundred BASSETT-DAHLET ESTATES. 163 and sixty-seven at any time and from time to time in any way to con- 40 Victoria. cur with tte person or persons for the time being under the said mil of the said Darcy Wentworth entitled to the one-fifth share of the said hereditaments described in the second Schedule hereto next in remainder or reversion after the life estate of the said Katherine Bassett whether such share shall or shall not be then partitioned and if deemed necessary or desirable also to concur with any person or persons possessed of or entitled to the other fifth shares of and in the said hereditaments for the purpose of carrying out a sale or sales either of the said one-fifth share or of the entirety of the said hereditaments and for this purpose they shall possess similar powers of conveyance and with the like con- sequences to those provided in and by the second section of this Act On any such sale the purchase money payable in. respect of or the fair Trusts of proportion applicable to such one-fifth share as the case may be shall P"'^*^^™°°^y be paid to and held by the said trustees of this Act upon the trusts and for the purposes declared in and by the fourth and fifth sections of this Act and the said trustees of the said indenture of settlement shall have similar powers of giving receipts and with simUar consequences to those conferred and declared in and by the thirteenth section of this Act. 16. Upon the death of the said Katherine Bassett the said trustees Trusts of unsold or trustee shall convey assure and assign to the said Benjamin "Went- fn flrst"sohedide worth Darley his heirs executors administrators or assigns any of the and of funds on said lands and hereditaments mentioned and described in the said first death. ^^^ Schedule hereto remaining unsold and unconveyed subject to and with the benefit of any leases granted and subject to any other estates rights or interests created and any dedications made by the said trustees or trustee under the authority of this Act and all stocks funds and securi- ties held by the said trustees or trustee under or in pursuance of the provisions of this Act and any income of or from the same to which the representatives of the said Katherine Bassett shall not be entitled under the provisions of this Act according to the nature of the said respective properties and the then existing circumstances. 17. The said trustees with respect to any charges or expenses con- Power to appor- templated by this Act and common to the properties comprised in the *'°" expenses, first and second Schedules shall in the event of the sale of both pro- perties have and there is hereby conferred on them fuU authority and discretion to apportion such expenses or charges between the proceeds of the said several properties comprised in such Schedules respectively. 18. This Act may be cited as the Bassett-Darley Estates Act. short title. SCHEDULES. THE FIRST SCHEDULE. All that piece or parcel of land situate at Big Manly Cove county of Cumberland in the Colony of New South Walea Commencing on the east side of Big Manly Cove at high-water-mark at a point distant one hundred feet south forty-five degrees west from the south-eastern corner of J. Thompson's one hundred acres grant being bounded on the north-west by the said one hundred feet being the south-eastern boundary of the reserve as set forth in Thompson's grant bearing north forty -five degrees east thence by the south-eastern boundary Thompson's grant on the same bearing nineteen chains to a point distant one hundred feet from high-water-mark on Cabbage-tree Bay thence on the same bearing by the said one hundred feet being in all tweuty-two chains to the waters of Cabbage-tree Bay thence on the north-east by the waters of Cabbage-tree Bay eighteen chains to the north-west corner of Cheers's grant thence on the south-east by the north-west 164 BASSETT-DAELET ESTATES. 40 Victoria, boundary of Cheers'a grant bearing south forty-five degi-ees west to the waters of Big Manly Cove And thence on the south-west by the said waters north-westerly to the point of commencement excepting out of the said land a road of one chain wide on the south-east side reserved by Government which said parcel of land was origiually granted to Gilbert Baker by deed-^11 or grant from the Crown bearing date the first day of January one thousand eight hundred and ten. Also all that piece or parcel of land situate at Big Manly Cove in the county of Cumberland in tlie said Colony Commencing at the southern corner of Baker's grant Being bounded on the north-west by a line north forty-five degrees east to the waters of the Pacific Ocean thence on the north-east by the said waters south- easterly to the north-west corner of land granted for a Roman Catholic Episcopal residence thence on the south-east by the said grant being a line bearing south twenty degrees east forty-one cliains fifty links to the waters of North Harbour and thence on the south and west by the said waters to the point of commence- ment which said parcel of land was originally granted to Richard Cheers by deed- poll or grant from the Crown bearing date the first day of January one thousand eight hundred and ten. Also all that piece or parcel of land situate in the parish of Manly Cove county of Cumberland in the Colony of New South Wales Commencing on the bank of Carl Curl Creek at a point distant about ten chains north-westerly from the Government road crossing the said creek Being bounded on the west by a line bearing south sixty -five chains on the south by a line bearing east sixty-five chains on the east by a line bearing north forty-five chains to Curl Curl Creek and thence on the north by Curl Curl Creek to the point of commencement which said parcel of land was originally granted to the testator Darcy Wentworth by deed-poll or grant from the Crown bearing date the twenty-fifth day of July one thousand eight hundred and eighteen. Also all that piece or parcel of land situate in the parish of Manly Cove county of Cumberland in the Colony of New South Wales Commencing on the shore of the South Pacific Ocean Being bounded on the south-west by a line bearing west thirty-five degrees north to the north-east corner of Jones's grant thence on the north-west by a line bearing north thirty-five degrees east twenty chains thence on the north-east by a line bearing east thirty-five degrees south twenty-eight chains and thence on the south-east by a line bearing south thirty-five degrees west four chains to the waters of the South Pacific and by the said waters south-westerly to the point of commencement which said parcel of land was originally granted to Thomas Bruin by deed-poll or grant from the Crown bearing date the twenty-fifth day of July one thousand eight hundred and eighteen. Also all that piece or parcel of land situate in the parish of Narrabeen county of Cumberland in the Colony of New South Wales Commencing at a small creek falling into the South Pacific Ocean being bounded on the north by the said creek and a line bearing west ten degrees south to Pitt Water thence on part of the west north and north-west by Pitt Water and a small creek to the north-western corner of M'Intosh's grant thence on part of the south by the northern boundary of said grant bearing easterly five chains to the north-eastern corner thereof thence on the north-west by the south-eastern boundaries of M 'Intosh and Hughes' grants bearing south thirty degrees west fifty-eight chains thence on the south-west by the north- eastern boundaries of Hughes' grant a Government road part of Collins' and also by Rowan's and Jenkins' grants bearing east thirty degrees south to the waters of the South Pacific Ocean And thence on the east by the said ocean to the point of com- mencement which said parcel of land was originally granted to Robert Campbell by deed-poll or grant from the Crown bearing date the thirty-first day of August one thousand eight hundred and nineteen. Also all that piece or parcel of land situate in the parish of Narrabeen county of Cumberland in the Colony of New South Wales Commencing at the north- western corner of J. J. Therry's two hundred and eighty acres grant on the east side of Careel Bay being bounded on the west by that bay and Pitt Water bearing northerly to Broken Bay thence on the north by the waters of the headland of Broken Bay to Barranjuie or the south head of Broken Bay thence on the east by the South Pacific Ocean southerly to the north-eastern corner of Therry's grant aforesaid and thence on the south by the northern boundary of the said grant being a line bearing west twenty degrees south twenty-eight chains to the point of commencement which said parcel of land was originally granted to James Napper by deed-poll or grant from the Crown bearing date the sixteenth day of March one thousand eight hundred and sixteen. And also all that piece or parcel of land situate in the parish of Liberty Plains county of Cumberland in the Colony of New South Wales Commencing on the BASSETT-DAELEY ESTATES. 165 west bank of Duck Creek at a point opposite to the south-west corner of W. Long- 40 ViCTOBiA. ford's sixty acres grant on Duck River Being bounded on the south by a line west twenty-two chains thence on the west by Blaxcell's grant being a line bearing north one hundred and thirty-eight chains to Duck Creek thence by that creek to the Parraraatta Road and tlience on tlie north by the Parramatta Road commencing at Duck Creek Bridge to Duck River Bridge and on the east by Duck River to the point of commencement which said parcel of land was originally granted to William Lawson and William Charles Wcntworth by deed-poll or grant from the Crown bearing date the twenty-ninth day of January one thousand eight hundred and forty. SKCOND SCHEDULE. All those two thousand acres of land lying and situate in the district of lUawarra and county of Camden bounded on the north by part of Wentworth's farm of one thousand six hundred and fifty acres bearing west south fifty-one chains and a west line of one hundred and forty chains bounding part of Went- worth Gore's farm of one thousand five hundred acres on the west by a south line of sixty-two chains on the south by an east line to the sea and on all other sides by the sea which said parcel of land was originally granted to the testator Daroy Wentw orth by deed-poll or grant from the Crown bearing date the third day of September one thousand eight hundred and twenty-one. Also all those one thousand five hundred acres lying and situate in the district of lUawarra bounded on the south-west by Terry's farm bearing south thirty-five degrees east sixty-two chains on the south by an east line of two hundred and eighty-four chains on the east by a north line of fifty-one chains to Darcy Went- worth's farm and on the north side by Wentworth Milham Horsley and William Wentworth's farms which said parcel of land was originally granted to the testator Daroy Wentworth by deed-poll or grant from the Crown bearing date the ninth day of January one thousand eight hundred and twenty-one. Also all those one thousand six hundred and fifty acres of land lying and situate in the district of Illawarra bounded on the north side by Davey's farm bearing west on the west side by Mileham's farm bearing south one hundred and fourteen chains on the south by an east line to the coast and on the east by the coast which said parcel of land was originally granted to the testator Darcy Wentworth by deed-poll or grant from the Crown bearing date the ninth day of January one thousand eight hundred and twenty-one. Also all that piece or parcel of land situate in the district of Illawarra containing one thousand acres bounded on the south-west side by Andrew Allen's farm and eighteen chains of Terry's farm bearing south thirty -five degrees east on the south by an east line of thirty chains on the east by a north line to a small creek on the Illawarra Lake and on the north side by the lake and Maoquarie River which said parcel of land was originally granted to William Wentworth by deed-poll or grant from the Crown bearing date the ninth day of January one thousand eight hundred and twenty-one. Also all that piece or parcel of land situate in the district of Illawarra containing two thousand acres granted as appears to Thomas Davey bounded on the west and south by Mileham's farm bearing south-east forty-two chains and a continued east line to the coast and on all other sides by the sea-coast and Illawarra Lake which said parcel of land was originally granted to Thomas Davey by deed-poll or grant from the Crown bearing date the ninth day of January one thousand eight hundred and twenty-one. Also all that piece or parcel of land situate in the district of Illawarra granted as appears to John Horsley containing one thousand two hundred acres bounded on the west side by Wentworth's bearing south on the south side by an east line of ninety-eight chains on the east by a north line to the Illawarra Lake and on the north side by that lake which said parcel was originally granted to John Horsley by deed-poll or grant from the Crown bearing date the ninth day of January one thousand eight hundred and twenty-one. Also all that piece or parcel of land containing seven hundred acres situate in the district of Illawarra bounded on the west by Horsley's farm bearing south on the south side by an east line of sixty chains on the east by a north line of one hundred and fourteen chains on the north by a west line of forty -two chains a north line to the Illawarra Lake and on the north by that lake which said parcel of land was originally granted to James Mileham by deed-poll or grant from the Crown bearing date the ninth day of January one thousand eight hundred and twenty-one. 166 BATES'S ESTATE. 40 Victoria. Also all that piece or parcel of land situate in the district of Illawarra containing one thousand acres more or less bounded on the west by a line bearing south eighty chains commencing from the south-west corner of Darcy Wentworth's farm on the south by a line bearing east seventy -two chains thence by Minumurra River to the sea-coast on the east by the sea-coast and on the north by the farm of Daroy Wentworth bearing west one hundred and fifty chains to the commencing corner being the land originally promised to one William Ealph. Also all that piece or parcel of land containing two thousand acres more or less situated in the district of Illawarra Commencing at the Minumurra River at the south-east corner of W. Ralph's one thousand acres grant and bounded on the north by the south boundary of that land bearing west on the east by' the west boundary of W. Ralph's grant aforesaid and by the west boundary of Darcy Wentworth's two thousand acres grant bearing north again on the north by part of the south boundary of Wentworth Gore's one. thousand five hundred acres bearing west on tlie west by the eastern boundary of Reddall's one thousand two hundred and eighty acres by the eastern boundaries of two measured portions of land containing respectively three hundred and twenty acres and one hundred acres being a line bearing south to the south-east corner of the said one hundred acres and a prolongation south of six chains forty -six links to a marked tree on the south by a line bearing east ninety-two chains fifty links to the Minumurra River and on the east by that river to the south-east corner of W. Ralph's one thousand acres grant as aforesaid. Also all those fifty acres of land lying situate and being in the district of Appin in the said Colony bounded on the south by Clarke's farm bearing east on the east by the Appin Road on the north by a west line of forty-five chains sixty-six links to a chain of ponds to the north-east corner of Broughton's Lachlan Vale farm and on the west by those ponds which said parcel of land was originally granted to Francis Thompson by deed-poll or grant from the Crown bearing date the seven- teenth day of August one thousand eight hundred and nineteen. Also all those fifty acres of land ly&g situate and being in the said district of Appin bounded on the south by M'Guigan's farm bearing east on the east by the Appin Road on the north by a west line to a chain of ponds bounding Broughton's Lachlan Vale farm and on the west by those ponds being twelve chains in width on a north line which said parcel of land was originally granted to John Clarke by deed-poll or grant from the Crown bearing date the seventeenth day of August one thousand eight hundred and nineteen. And also all those thirty acres of land lying situate and being in the district of Bankstown bounded on the east side by Shaw's farm bearing north thirty chains seventy links on the north side by a west line of eleven chains on the west by a south line to George's Pdver and on the south by that river which said parcel of land was originally granted to Thomas Moore by deed-poll or grant from the Crown bearing date the twentieth day of June one tliousand eight hundred and sixteen. BATES'S ESTATE. 45 Victoria. Preamble. An Act to authorize tlie Sale Mortgage and Leasing of certain Lands and Hereditaments devised by the Will of Mary Ann Bates deceased and for other purposes. [18 August, 1881.] WHEEEAS Mary Ann Bates late of Parramatta Eoad in theparist of Concord in tlie county of Cumberland in the colony of New Soutli Wales widow deceased was at the time of her death hereinafter mentioned seized and possessed for an estate of inheritance in fee simple of the lands and hereditaments in the first Schedule to this Act men- tioned and described free from incumbrances and of the lands and here- ditaments in the second Schedule to this Act mentioned and described BATES'S ESTATE. 167 subject to a mortgage from the said Mary Ann Bates to John G-urner 45 Victokia, which said mortgage has not yet been released nor the principal and interest due and owing on the security thereof paid or discharged And whereas the said Mary Ann Bates duly made and published her last will and testament dated the fifth day of February one thousand eight hundred and fifty-one and thereby devised unto Archibald Campbell and Piddocke Arthur Tompson all the real estate of which she should die seized or possessed upon trust that they or the surviyor of them his heirs or assigns or the trustees or trustee for the time being of that her will did and should permit and suffer her son-in-law Joseph Hyde Potts and her daughter Emma Potts his wife during their joint lives and after the death of the pre-deceaser for the survivor of them during his or her life to occupy and enjoy the same and receive the rents and profits thereof for their his or her own use and upon further trust after the death of the survivor of them to divide the said estate in equal portions between Erancis Howard Potts Tremayne Hyde Potts and Josephine Elizabeth Harriet Potts the children of the said Joseph Hyde Potts and Emma Potts or such of them as should be then living or at the discretion of her trustees or trustee to sell the same and pay over to her said grandchildren the moneys arising from the said sale Provided always and the said testatrix declared it to be her will that in case the said trustees or either of them should die in her lifetime or should at her decease renounce the trusts of that her will or in case the said trustees or either of them or any trustee or trustees to be appointed under the now reciting provision should afterwards die or become unable or unwilling to act in the trusts of that her will or should go to reside out of the said Colony before the same should be fully executed and performed then and in such case and so often as the same should happen it should be lawful for the surviving or continuing trustees or trustee for the time being or if there should be no surviving or continuing trustee then for the retiring trustees or trustee or if there should be no such last-mentioned trustee then for the executors or admin- istrators of the last deceased trustee to appoint any fit person or persons to supply the place or places of the trustee or trustees so dying or becoming unable or unwUling to act or going to reside out of the said Colony as aforesaid and that immediately after every such appointment the said trust estate moneys and premises should be conveyed assigned and transferred at the costs and expenses of her trust estate in such manner that the same might vest in such new trustee or trustees jointly with the surviving or continuing trustee or trustees or in such new trustee or trustees solely as the case might require subject to the trusts aforesaid and that such new trustee or trustees should have and might exercise as well before as after such conveyance and transfer as aforesaid all the powers and authorities whatsoever in the said will before contained in the same manner to all intents and purposes as if he or they had been appointed a trustee or trustees by that her will And whereas the said Mary Ann Bates died on the tenth day of June one thousand eight hundred and sixty without having in any way revoked or altered her said will and leaving her surviving the said Josej)h Hyde Potts Emma Potts Erancis Howard Potts Tremayne Hyde Potts and Josephine Elizabeth Harriet Potts And whereas the said Tremayne Hyde Potts died on the twenty-fourth day of October one thousand eight hundred and sixty and the said Piddocke Arthur Tompson died on the seventh day of August one thousand eight hun- dred and sixty-three and the said Joseph Hyde Potts died on the 168 BATES'S ESTATE. 45 VicioKiA. twenty-sixth day of September one thousand eight hundred and sixty- five And whereas the said Josephine Elizabeth Harriet Potts inter- married with Donald Eraser on the fourteenth day of Ajsril one thousand eight hundred and sixty-six And whereas by an indenture of settlement made upon the said marriage and dated the ninth day of April one thousand eight hundred and sixty-six reciting {inter alia) that the real estate of which the said Mary Ann Bates deceased was possessed at the time of her death consisted of the lands and hereditaments in the first Schedule to this Act mentioned and described it was witnessed that she the said Josephine Elizabeth Harriet Potts granted assured and disposed of to certain trustees therein named upon the trusts therein expressed and contained all that share or entirety to which she was or might be in the event of her surviviaig the said Emma Potts entitled of and in the lands and premises thereinbefore and in the said first Schedule to this Act mentioned and described and all her estate and interest in the said premises and every part thereof And whereas William Hattam Wil- kinson and Francis Howard Potts are the present trustees of the said indenture of settlement And whereas the said Archibald Campbell duly made and published his last will and testamentbearingdate the fourth day of January one thousand eight hundred and fifty-eight whereby {inter alia) he devised and bequeathed all estates vested in him as trustee unto his wife Isabella Campbell her heirs executors administrators and assigns subject to the trusts affecting the same and if his said wife should pre-decease him he appointed Eobert John Campbell John Alex- ander Horatio Price and Charles Edward Grordon to be his executors and trustees and devised the said trust estates to them their heirs executors administrators and assigns upon trust to hold the same sub- ject to the trusts affecting the same And whereas the said Isabella Campbell and John Alexander Horatio Price both pre-deceased the said Archibald Campbell And whereas the said Archibald Campbell died on the nineteenth day of May one thousand eight hundred and seventy without having altered or revoked his said will which was duly proved on the twenty-eighth day of June one thousand eight hundred and seventy in the Supreme Court of New South Wales by the said Eobert John Campbell only And whereas the said Charles Edward G-ordon the other surviving executor renounced and disclaimed probate and execution of the said will of the said Archibald Campbell and the trusts thereof and all estates powers and authorities devised and given to or vested in him by the said will And whereas by indenture dated the twenty-third day of October one thousand eight hundred and seventy- nine made between the said Eobert John Campbell of the first part the said Emma Potts widow of the second part and the said Erancis Howard Potts and the said Donald Eraser of the third part reciting {inter alia) the will of the said Mary Ann Bates deceased the will of the said Archibald Campbell deceased and the said renunciation and disclaimer by the said Charles Edward G-ordon it was witnessed that the said Eobert John Campbell with the privity and consent and at the request of the said Emma Potts and in exercise and execution of the power or authority given to or vested in him by virtue of the therein and hereinbefore recited wills and by virtue of the Trust Property Act of 1862 and all other powers and authorities whatsoever in anywise enabling him in that behalf did nominate and appoint the said Erancis Howard Potts and Donald Eraser to be trustees of the said will of the said Mary Ann Bates deceased for all the trusts and purposes and with all the powers and authorities expressed and BATES'S ESTATE. 169 contained in the same will so far as such trusts purposes powers 45 Victoria. and authorities were then subsisting undetermined or capable of taking effect and the said Erancis Howard Potts and Donald Eraser did thereby testify and declare their acceptance of the said trust and it was further witnessed that in pursuance of the nomination and appointment thereinbefore contained and in consideration of the premises and also in consideration of the sum of ten shillings to the said Robert John Campbell in hand paid by the said Erancis Howard Potts and Donald Eraser on the execution thereof the receipt whereof was thereby acknowledged by the said Robert John Campbell (with the privity and consent of the said Emma Potts testified as aforesaid) did grant bargain sell alien release and confirm unto the said Erancis Howard Potts and Donald Eraser their heirs and assigns all the real estates of the said Mary Ann Bates deceased then vested in him the said Robert John Campbell by virtue of the therein and hereinbefore recited wills or either of them or otherwise howsoever with all the rights members and appurtenances to the same belonging and all the estate right title and interest both at law and ia equity of him the said Robert John Campbell therein and thereto to have and to hold all and singular the premises unto and to the use of the said Erancis Howard Potts and Donald Eraser their heirs and assigns for ever upon the trusts and for the intents and purposes and with under and subject to the powers pro- visions and declarations in and by the said will of the said Mary Ann Bates deceased expressed and declared of and concerning the same or such of the said trusts intents purposes powers provisions and declara- tions as were then subsisting undetermined or capable of taking effect And whereas the said Emma Potts stUl survives And whereas the said will of the said Mary Ann Bates deceased does not give to the trustees or trustee thereof or to any other person any power to sell during the lifetime of the said Emma Potts or to mortgage or demise the lands and hereditaments thereby devised And whereas it is impossible without the assistance of Parliament to sell or mortgage the said lands and hereditaments devised by the said will of the said Mary Ann Bates deceased or to demise the same for a longer period than the life of the said Emma Potts And whereas in consequence of such impossibihty the lands and hereditaments ia the first Schedule to this Act mentioned and described are and remain unimproved and almost unproductive of income and certain buildings on the lands and hereditaments in the second Schedule to this Act mentioned and described are becoming dilapidated and almost unproductive and of small and decreasing value And whereas it is expedient and would be for the benefit of all parties interested in the said lands and hereditaments in the said Schedules respectively mentioned and described that powers to sell mortgage and lease the same should be conferred on the trustees or trustee for the time beiag of the said will of the said Mary Ann Bates deceased for the benefit of the persons interested under the said will and that the proceeds of the sale of such of the said lands and hereditaments as shall from time to time be sold and the rents and profits arising from the lease of such of the said lands and hereditaments as shall from time to time be leased should be held in trust for and the moneys raised by mortgage of such of the said lands and hereditaments as shall from time to time be mortgaged should be applied towards the improvement of the property for the benefit of the persons respectively entitled under the said -mil to the lands and hereditaments so sold demised or mort- gaged Be it therefore enacted by the Queen's Most Excellent Majesty 170 BATES'S ESTATE. Trustees em- powered to sell and convey. 45 VioTOKiA, by and witli tie advice and consent of the Legislative Council and Legislative Assembly of New South AYales in Parliament assembled and by the authority of the same as follows : — 1. It shall be lawful for the said Erancis Howard Potts and Donald Eraser or other the trustees or trustee for the time being of the said will of the said Mary Ann Bates deceased [such persons being herein- after designated " the said trustees or trustee"] to sell and absolutely dispose of all and singular the said lands and hereditaments mentioned and described in the said several Schedules to this Act or any of them or any part of the same lands and hereditaments either by public auc- tion or private contract either in one or in more lot or lots and in such manner generally and upon and subject to such terms and condi- tions as the said trustees or trustee shall deem expedient with power to buy in the said lands and hereditaments or any of them or any part thereof at any sale by auction and to rescind or vary any contract for sale either on terms or gratuitously and to re-sell without being re- sponsible for any loss occasioned thereby and upon any sale or sales to convey the land so sold to the purchaser or purchasers thereof his her or their heirs and assigns or as such purchaser or purchasers may direct freed and discharged from all trusts affecting the same and the receipts in writing of the said trustees or trustee for the purchase money of any lands and hereditaments so sold shall be full and sufficient discharges to any purchasers from the same and from being bound to see to the application of the same and from any liability for the loss non-applica- tion or misapplication of the same or of any part thereof. 2. It shall be lawful for the said trustees or trustee to allow any purchaser or purchasers credit for the payment of the whole or part of his her or their purchase money upon such terms as to interest or other- wise and generally as the said trustees or trustee may deem reasonable and expedient Provided that the land in respect of which such credit shall be given shall remain tmconveyed or shall by a proper mortgage with full powers of entry and sale and other usual and proper provisions be made a security for the payment of the purchase money remaining unpaid Provided further that in the event of any such security being taken the vendor's lien for the said purchase money and every part thereof shall not be thereby affected or lost. ^ 3. It shall be lawful for the said trustees or trustee from time to time for the pixrpose of raising any sum or sums of money which in their or his opinion it may be desirable to borrow for the purpose of erecting any buildings or repairing or rebuilding any existing buildings upon or otherwise improving any part or parts of the lands and hereditaments mentioned and described in the said several Schedules to this Act to execute any mortgage or mortgages in fee or for any term or terms of years of such part or parts of the said lands and hereditaments with power of sale and all other usual powers provisions and covenants Provided that no person who shall advance money upon the security of any mortgage purporting to be made under the power hereby given shall be bound to enquire as to the advisability or propriety of the raising of such money or as to the application of such money when raised and advanced and the receipt of the said trustees or trustee for the moneys so advanced shall effectually discharge the person advancing the same from any liability in respect of the misapplication or non- application thereof. Power to give credit to pur- chasera. Power to borrow money for build- ing &c. BATES'S ESTATE. 171 4. It shall be lawful for the said trustees or trustee from time to 45 Victoria. time by deed or writing to demise and lease all or any part of the said Power to grant lands and hereditaments to any person or persons for any term of years ^'^''^■ not exceeding twenty-one years to take effect in possession at the best yearly rent that can be reasonably obtained for the same without any fine premium or f oregift And also from time to time by deed to demise and lease any part of the said lands and hereditaments to any person or persons who shall covenant to improve the same by repairing any build- ing or buildings now standing or which shall hereafter be standing on any part of the land thereby leased or by erecting and building any house or houses building or buildings on such land or any part thereof or by otherwise expending in improvement such moneys as shall be deemed by the said trustees or trustee adequate to the interest to be parted with but so that every lease under this last-mentioned power shall be for a term not exceeding fifty years to take efEect in possession or within one year from the date thereof and shall be at such rent as the said trustees or trustee shall having regard to the terms and conditions of such lease think reasonable and proper so however that nothing be taken by way of fine premium or f oregift Provided that every in- denture of lease made under the provisions of this section shall contaia a covenant by the lessee to pay the rent thereby reserved and for insurance against fire of any building erected or to be erected on the land thereby demised and also a condition of re-entry on non-payment of rent within a time to be thereiu specified and so also that a counter- part of such lease be executed by the lessee Any lessee paying any rent reserved by any such lease to the said trustees or trustee shall not be bound to see to the application thereof and shall be free from any liability for the non-application or misapplication of the same or any part thereof. 5. The powers in this Act contained shall be exercised during the Consent necea- hfetime of the said Emma Potts with the consent in -nTiting of the rasea!" ™ '" said Emma Potts and from and after the death of the said Emma Potts save as hereinafter mentioned at the absolute discretion of the said trustees or trustee Provided always that all the said powers so far as the exercise of them may affect the lands and hereditaments in the first Schedule to this Act mentioned and described shall at all times be exercised with the consent in writing of the trustees for the time being of the said indenture of settlement of the said fourteenth day of April one thousand eight hundred and sixty-six. 6. The said trustees or trustee shall stand seized and possessed of Trusta of unsold the said lands and hereditaments or of such portion thereof as may chaae'moneyf™^' from time to time remain unsold subject to any leases granted and to any other estates rights or interests created under the authority of this Act upon the trusts and subject to the provisions in the said -wiU of the said Mary Ann Bates expressed and declared concerning the same respectively And from and after the sale of any portion of the said lands and hereditaments shall stand possessed of the moneys arising from such sale upon trust in the first place to pay all costs and expenses of and incidental to the procuring and passing this Act and also of all deeds instruments acts dealings and proceedings subsequently to the passing of this Act executed signed done or undertaken for the purpose of enabling the said trustees or trustee to carry out advantageously any sale hereby authorized And in the next place to pay and satisfy all costs charges and expenses incurred in and about the said sale And ments rents &c. 172 BATES'S ESTATE. 45 ViCTOKiA. after sucli payment as aforesaid upon trust to lay out so much of the net surplus or such moneys or any part thereof as may arise from the sale of the lands and hereditaments in the said second Schedule to this Act mentioned and described in or towards paying the principal due or owing on the security of the said mortgage from the said Mary Ann Bates deceased to the said John Grurner or of any other mortgage or mortgages of the said lands and hereditaments or of any part thereof which may at any time or from time to time be due or owing and subject as aforesaid to invest the whole or the balance of such net surplus as aforesaid in any debentures or G-overnment securities of any kind of any of the Colonies of New South Wales Victoria or Queensland or upon freehold securities in the said Colony of New South Wales or upon deposit at interest in any bank carrying on business in the said last-mentioned Colony with power from time to time and at any time to vary or transpose any such investment or security into or for any other investment or security of the kind hereby authorized. Trusts of invest- 7. The said trustees or trustee shall stand possessed of such invest- ments and securities and the net dividends income and annual produce arising therefrom and also of the net rents arising from and payable under any lease made under the authority of this Act Upon such trusts and with and subject to such powers provisions and declarations as shall as nearly correspond with the uses trusts provisions and declarations in the said will of the said Mary Ann Bates expressed and contained concerning the said lands and hereditaments or any part or parts thereof respectively or such of them as shall be subsisting or capable of taking effect as the different nature and quality of the pre- mises and the rules of law and equity will permit Provided that it shall be lawful for the said trustees or trustee at any time or from time to time to apply the whole or any part of the rents and profits of any portion or portions of the said lands and hereditaments in the said second Schedule to this Act mentioned and described in and towards payment of the interest from time to time due or owing on the security of the said mortgage from the said Mary Ann Bates deceased to the said John G-urner And to apply the whole or any part of the rents and profits of any portion or portions of the said lands and hereditaments in the said Schedules to this Act mentioned and described in or towards pay- ment of the interest from time to time due or owing on the security of any mortgage or mortgages of such portion or portions executed under the power herein contained. Power to make 8. It shall be lawful for the said trustees or trustee to make and alter and concur in the making and altering of any roads streets or ways on and over any part or parts of the said lands and hereditaments And also to erect make and carry out and concur in the erecting making carrying out of any walls sewers drains watercourses or other works which may in the discretion of the said trustees or trustee conduce to the better laying out improving or selling of the said lands and heredita- ments or the convenience and enjoyment of thojo peroon.3 who shall have purchased or shall purchase any part thereof The costs of any such works on the part of the said trustees or trustee or their or his proportion of any costs for such works and any costs and expenses of and incidental to the bringing of the said lands and hereditaments or any part thereof under the provisions of the Ileal Property Act (which the said trustees or trustee are or is hereby authorizvsd to incur) may be deducted and retained by them or him in the same way they or he xoads &c. BATES'S ESTATE. 173 are or is hereby authorized to deduct and retain the costs and expenses 45 Victoeia. of and incidental to sales hereunder For any of the purposes of this section the said trustees or trustee may reserve and dedicate either absolutely or upon any conditions any part or parts of the said lands and hereditaments. 9. This Act may be cited as " Bates's Estate Act of 1881." short title. SCHEDULES. THE FIRST SCHEDULE. All that piece or parcel of land containing by admeasurement six hundred and twenty -five acres situate in the county of Cumberland and parish of Liberty Plains in the colony aforesaid Commencing at the south-east corner of Thomas Barber's land and bounded on the north by that farm thirty-six chains on the west by the farms of Thomas and Hugh O'Donnell fifty-eight chains and fifty links on the south by part of Eldridge's farm and on the east by the village reserve being the same piece or parcel of land which is more particularly described in Crown grant to Joseph Hyde Potts dated the sixth day of July one thousand eight hundred and thirty- five Also all that piece or parcel of land containing by admeasurement eighty-nine acre two roods and twenty-nine perches more or less situate in the parish of Liberty Plains aforesaid and forming part and parcel of one thousand one hundred acres granted by the Crown to Henry Grattan Douglass Commencing at the south-east comer of Fleming's two hundred acre grant and bounded on the east by the eastern- most boundaryof the said grant toDouglassbeing a line bearing south fifty-six chains on the south by a line bearing west nineteen chains on the west by a line bearing north thirty-five chains to Sir T. L. Mitchell's marked line of new road leading from Sydney to Liverpool thence on the north by the southern side of the said road bearing north sixty-eight degrees east eleven chains and six links again on the west by a line bearing north twenty-one chains fifty links including the breadth of the said road and again on the north by part of the southern boundary of Fleming's grant being a line bearing east eighteen degrees south to the commenc- ing point reserving the breadth of the said Sir T. L. Mitchell's road (which is not included in the above quantity of land) which divides lots twenty-nine and thirty And also all that piece or parcel of land containing by admeasurement two hundred and fifty -six acres be the same more or less situated in the county of Cumberland and parish of Concord in the Colony aforesaid being part of four hundred acres originally granted as St. James' Glebe Commencing at the north-west corner of Newton's land and bounded on the south by a line bearing east sixty- two chains ten links thence on the east by a line bearing northerly six chains and sixty links thence on the north-west by a line bearing west southerly six chains thence again on the east by a line bearing first north thirty-three degrees west sixty-four chains fifty links and then north twenty degrees east twenty-three chains to the Parra- matta Road on the north by the Parraraatta Road as far as the north-west corner and thence on the west by a line bearing first south eighteen degrees west fiftj'-six chains twenty links and then south twenty-nine chains ninety links to the point of commencement which said piece or parcel of land was granted to the said Joseph Hyde Potts by grant from the Crown by letters patent dated the third day of December one thousand eight hundred and forty-one. THE SECOND SCHEDULE. All that parcel of land containing by admeasurement three roods and three perches and situated in the town of Sydney parish of Saint Andrew county of Cumberland in the territory of New South Wales Bounded on the west by Sussex-street bearing north sixteen degrees thirty minutes west two hundred and one links on the north by Bathurst-street bearing east two degrees thirty minutes north three hundred and ninety links on the east by Kent-street bearing south sixteen degrees east two hundred and five links and on the south by number six and number four allotments bearing west two degrees south three hundred and ninety-six links being allotment number five of section eleven described in the Government notice dated the twenty-fifth May one thousand eight hundred and thirty-one. 174 BATHURST AND GRAFTON AND ARMIDALE BISHOPRICS. 41 VicTOEiA. _^^ ^g^ ^Q ygg^ certain Lands situate within the Dioceses of Bathurst and of Grafton and Armidale respec- tively which are now vested in the Bishops of Sydney and Newcastle in and to extend the Act in which the Bishop of Australia is mentioned to the Bishops of Bathurst and of Grafton and Armidale. [3 July, 1877.] Preamble. 'TTTHEREAS His late Majesty King William the Pourth did by VV Letters Patent under the Great Seal of the United Kingdom of Great Britain and Ireland bearing date at "Westminster the eighteenth day of January one thousand eight hundred and thirty-six in the tenth year of his reign erect found make ordain and constitute all the terri- tories and islands comprised within or dependent upon the Colonies of JSTew South Wales Van Diemen's Land and Western Australia into a Bishop's see or diocese and did declare and ordain that the same should be styled the Bishopric of Australia and did by the said Letters Patent ordain make and constitute the Eight Eeverend William Grant Broughton Doctor in Divinity to be the first Bishop and ordinary pastor of the said see of Australia and that the said Bishop and his successors should be for ever thereafter called by the name of the Bishop of Australia And whereas by virtue of certain powers of revocation contained in the said Letters Patent Her Majesty Queen Victoria by Letters Patent bear- ing date the eighteenth day of August one thousand eight hundred and forty -two and by certain other Letters Patent bearing date the twenty- fifth day of June one thousand eight hundred and forty-seven in which it was recited that it had been found expedient that the extent of the said diocese of Australia should be reduced did divide the said diocese into several distinct dioceses therein styled and named And whereas by the said Letters Patent Her Majesty Queen Victoria did erect found ordain and constitute all those parts or portions of the Colony of New South Wales knovm or called by the names of the counties of Wellington Eoxburgh Cook Cumberland Camden Westmoreland Georgiana Bathurst King Murray Argyle and Auckland with the territory to the west bounded by the parallel of south latitude thirty-two degrees thirty minutes and the one hundred and forty -first degree of east longitude to be a Bishop's see and diocese and to be called from thenceforth the Bishopric of Sydney saving nevertheless to Her Majesty her heirs and successors the power of altering from time to time with the consent of the Lord Archbishop of Canterbury for the time being if the said see be vacant or otherwise of the said Archbishop and the Bishop of the said see for the time being the limits of the said diocese or of the jurisdiction of the Bishop thereof and subject to a like reservation of the power of altering the limits did erect found ordain and constitute all these parts or por- tions of the said Colony known or called by the names of the counties of Northumberland Hunter Durham Brisbane Phillip Bligh Gloucester BATHUEST AND GEAPTON AND AEMIDALE BISHOPEICS. 175 Macquarie and Stanley witli tlie territory to the north and west hounded 41 "Victoeia. by the twenty-first parallel of south latitude and the one hundred and forty-first degree of east longitude to be a Bishop's see and diocese and to be called from thenceforth the Bishopric of Newcastle And whereas Her said Majesty because of the great extent of the see of Sydney did by certain other Letters Patent bearing date the fourteenth day of March one thousand eight hundred and sixty-three further reduce that extent by separating therefrom certain portions and constituting the same to be a Bishop's see to be called thenceforth the Bishopric of Groulburn And whereas by reason of the great extent and in- creasing population of the said two dioceses of Sydney and Newcastle it was deemed expedient with the consent of the Lord Archbishop of Canterbury and of the Bishops of Sydney and Newcastle that the limits of the said two dioceses should be further altered and that certain parts or portions of each of the said dioceses should be separated there- from and be thenceforth called the Bishopric of Bathurst of which the boundaries should be as follows that is to say — On the west from the twenty -ninth parallel of south latitude being the boundary dividing the Colonies of New South "Wales and Queensland by the one hundred and forty-first meridian of east longitude being the boundary between the Colonies of New South "Wales and South Australia southerly to the junction of the south boundary of the said Colony of New South "Wales with the South Australian boundary aforesaid on the south by the south boundary of the said Colony of New South "Wales to the thirty-fourth parallel of south latitude and thence by that parallel easterly to the western boundary of the county of "Westmoreland on the east by that boundary to the head of the Pish Eiver Creek and by that creek and the Pish Eiver to the Pish Eiver Bridge and thence by the road from that bridge easterly to the range dividing the waters of Antonio's and Soli- tary Creeks and the Macquarie Eiver from Cox's the Colo and Capertee Elvers thence by that range northerly to the source of Coco or Cook's Creek near Blaclsman's Crown thence by the eastern watershed of that creek to the Colo Eiver at Sir John's Mouth thence by the eastern watershed of Umbrella Creek and the range dividing the waters of the Cudgegong and Groulburn Eivers to the heads of the Groulburn Eiver and "Wialdra Creek thence by the continuation of the same range northerly to the southern boundary of the county of Pottinger thence northerly by the southern boundaries of the counties of Pottinger "White and Barradine to the junction of the boundary of the last-mentioned county with the south boundary of the county of Pinch thence north to the said twenty-ninth parallel of south latitude on the north by the said twenty-ninth parallel of south latitude west to the said one hundred and forty -first meridian of east longitude being the point of commence- ment And whereas the Lord Archbishop of Canterbury having ob- tained Her Majesty's license or mandate by warrant under the royal sign manual and signet did on the twenty-ninth day of June one thousand eight hundred and sixty-nine with other Bishops of the Church of England assisting him consecrate the Eight Eeverend Samuel Edward Marsden Doctor in Divinity with the intent and for the purpose that the said Bishop should exercise his functions in the said new see or diocese of Bathurst And whereas for the reasons aforesaid it was also deemed expedient with the consent of the Lord Archbishop of Canterbury of the Bishop of Sydney and Metropolitan of the Pro- vince of Australia and of the Bishop of Newcastle that the liinits of the said diocese of Newcastle should be altered and that certain parts or 176 BATHURST AND GEAPTON AND AEMIDALE BISHOPEICS. 41 ViCTOEIA. Lands situate within the dioceses of Bathurst and of Grafton and Armidale vested in the Bishops of Sydney and Newcastle to be vested in the Bishops of Bathurst and of Grafton and Armidale. portions thereof sHould be separated from the said diocese and be thenceforth called the Bishopric of G-rafton and Armidale of which the boundaries should be as follows that is to say : — On the south by a line bearing westerly from Camden Haven to the junction of the southern boundaries of the counties of Yernon and Parry thence by the southern boundaries of the counties of Parry Buckland Pottinger "WTiite and Barradine on the west by the western boundary of the said county of Barradine to its junction with the southern boundary of the county of Pinch thence by a line bearing north to the north boundary of the Colony of New South "Wales On the north by the boundary of the said Colony of i New South Wales to the South Pacific Ocean And on the east by the said South Pacific Ocean to Camden Haven aforesaid And whereas the Lord Archbishop of Canterbury having obtained her Majesty's license or mandate by warrant under the royal sign manual and signet did on the twenty-fourth day of Pebruary one thousand eight hundred and sixty -nine with other Bishops of the Church of England assisting him consecrate the Eight Eeverend James Prancis Turner Doctor in Divinity with the intent and for the purpose that the said Bishop should exercise his functions in the said new see or diocese of G-rafton and Armidale And whereas certain lands which are situate within the limits of the said Bishoprics of Bathurst and G-rafton and Armidale as hereinbefore defined and described were devised granted conveyed or otherwise assured unto and are now vested in the ]3ishops of Sydney and Newcastle aforesaid either solely or jointly with other persons for religious and educational and other purposes And it is expedient that all such lands should be vested in the Bishop of the diocese in which the same are situate upon and for the like trusts and purposes as the same are now held by the Bishops of Sydney and Newcastle respectively 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. All lands tenements and hereditaments situate within the limits of the Bishoprics of Bathurst and of G-rafton and Armidale respectively as described in certain deeds poll or instruments in writing under the hands and seals of the Bishops of Sydney and Newcastle respectively bearing date the twenty-fifth day of August one thousand eight hun- dred and sixty-nine and the fifth day of May one thousand eight hundred and seventy and as also described in the preamble of this Act which at the time of the passing of this Act are vested in the Bishops of Sydney and Newcastle respectively shall be and be deemed and taken to have been from that date vested in the Bishops of Bathurst and of G-rafton and Armidale respectively for the time being who shall have been duly nominated and consecrated with all due observance of the rites circum- stances and ceremonies anciently used in the Church of England according to " the form and manner of making ordaining and conse- crating of Bishops Priests and Deacons " published by authority of Parliament in the Book of Common Prayer and also duly installed by virtue of a mandate under the hand and seal of the Bishop of Sydney and Metropolitan either solely or jointly with the other persons associ- ated with the Bishop of Sydney or the Bishop of Newcastle as the case may be and shall be held either solely or jointly with such other persons upon and for the like trusts and purposes as the same are now held by the said Bishops of Sydney and Newcastle respectively. BATHUEST CATTLE SALE-TAEDS. 177 2. Aud whereas doubts may arise respecting the powers rights and 41 Victoria. privileges of the said Bishops of Bathurst and of G-raf ton and Armidale Acts to extend for the time being under the Acts of Council or Statutes in force in b"!^!^^^!!!!! of this Colony in which the Bishop of Australia is particularly mentioned Grafton and Be it therefore enacted that in all Acts or Statutes now in fores in this '^°" '^ "' Colony the Bishop of Australia shall in all matters connected with the diocese of Bathurst be taken to mean the Bishop of Bathurst for the time being and in all matters connected with the diocese of Grrafton and Armidale shall be taken to mean the Bishop of G-raf ton and Armi- dale for the time being who shall have the same powers rights and privileges within their dioceses respectively as if such Bishops were expressly mentioned in such Act. 3. This Act may be cited as the " Bathurst and Grrafton and Armidale short title. Bishoprics Act of 1877." BATHURST CATTLE SALE- YARDS. An Act to authorize the erection and maintenance of stviotokia. Cattle Sale-yards on a portion of the Bathurst Com- mon by the Borough Council of Bathurst. [20 November, 1873.] WHEEEAS certain land containing by admeasurement seven Preamble, hundred and sixty-two acres more or less and situate within the borough of Bathurst was by notice in the Grovernment G-azette dated the tenth of January one thousand eight hundred and sixty-five dedicated for commonage and public recreation at Bathurst and known as the park And whereas by a notification in the s,aid Gazette dated the seventh day of November one thousand eight hundred and seventy- one the council of the said borough were appointed trustees of the said common And whereas it is expedient that sale-yards for the sale of cattle should be established on a portion of the said land and it is necessary that the said council should for the purpose of holding such sales be empowered to erect and maintain suitable buildings and yards on the piece or parcel of land in the Schedule to this Act described and set forth being a portion of the said common 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. In the construction and for the purposes of this Act — interpretation clause. The word " cattle" shall include all horses oxen bulls cows horned cattle calves sheep lambs pigs and goats. The word " owner" shall include any agent or other person authorized by the owner of any cattle or any person in charge thereof. The word " sale-yard" shall include any premises where cattle are customarily exhibited or kept for the purpose of sale exchange or other disposal whatever. The word " council" shall mean the Borough Council of Bathurst. M 178 BATHrEST GAS. 37 VioTOEiA, 2. It shall be lawful for the council for the purpose of making pro- Power to erect vision for the sale of cattle to erect and maintain suitable buildings yards"^^ ™ yards and other premises upon the land in the Schedule to this Act described. £es &c*° '^'^^''^'^ 3. So soon as such sale-yards shall be established and by-laws shall be made and confirmed as provided for by the Municipalities Act of 1867 it shall be lawful for the said council to take and demand from the owner of every head of cattle brought to any sale-yards established under this Act' or yarded or brought to any sale-yard or premises within the borough of Bathurst whether the same be intended for sale by public auction or private contract and whether the same be intended for slaughter or otherwise the fees or charges provided for by the said by-laws Provided that the fees or charges levied upon cattle yarded or brought to other sale-yards shall not exceed the fees or charges levied upon cattle yarded or brought to sale-yards established under this Act. Short title. 4. This Act shall come into operation immediately upon passing and may be cited as the " Bathurst Cattle Sale-yards Act of 1873." SCHEDrLE. Description of ten acres of land portion of seven hundred and sixty-two acres dedicated for commonage and public recreation at Bathurst and known as the Park measured as a site for cattle sale-yards Ten acres of land Commencing at a point bearing two hundred and forty degrees forty minutes distant twenty-one chains forty-one links from the soutlrern corner of section number one hundred and twenty-four in the town of Bathurst and bounded thence on the north by a line west one thousand links on the west by a line south one thousand links on the south by a line east one thousand links on the east by a line bearing nortli one thousand links to the point of commencement. BATHURST GAS. Preamble. 36VICTOEIA. An Act to enable John Newlands Wark to construct Gasworks witMn the City and Suburbs of Bathurst. [26 July, 1872.] WHEEEAS it is expedient that the city and suburbs of Bathurst in the Colony of Xew South "Wales should be sujjplied and lighted with gas And whereas John Newlands Wark hereinafter designated the promoter desires to establish and carry out works for such purposes and other purposes incidental thereto in the said city and suburbs And whereas the Municipal Council of the said city have at the request of the said John Newlands Wark and in consideration of the benefits to arise from the establishment and carrying out of such works consented to the vesting in the said John Newlands Wark of all necessary powers and authorities so far as the rights and interests of the said Municipal Council are concerned Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent BATHUEST GAS. I79 of the Legislative Council and Legislative Assembly of New Soutt 33 Victoria. "Wales in Parliament assembled and by the authority of the same as ioUows : — 1. The promoter is hereby fully authorized and empowered himself Authorityto or by his servants contractors agents workmen and others from time break^up°Sreets to time to make erect sink lay place fit maintain and repair such retorts roads &o. gasometers meters receivers cisterns engines machines cuts drains sewers watercourses pipes reservoirs buildings and other works and devices of such construction and in such manner as the promoter shall think necessary or proper for the purpose of carrying out the operations of the promoter in respect of and incidental to the making and supplying of gas in conformity with this Act and also for all such purposes to open and break up the soil and pavement of the several streets and bridges within the limits of the city and suburbs aforesaid and to open and break up any sewers drains or tunnels within or under such streets and bridges and to erect posts pillars lamps lamp-irons and other appa- ratus in or upon the same streets and bridges or against any wall or walls erected on or adjoining to any of them and to dig and sink trenches and drains and to lay mains and pipes and piit stop-cocks siphons plugs or branches from such mains or pipes in under across or along such streets and bridges and also with such consent as hereinafter mentioned to do the like in under across or along any private roads ways lanes passages buildings and places and from time to time to cut stop remove alter repair replace and relay such main-pipes stop-cocks siphons plugs branches or other apparatus Provided always that nothing in this section contained shall be deemed to authorize the promoter his servants contractors agents or workmen to enter into or upon any private lands buildings or places for any of the purposes aforesaid or thereon to carry out any of the operations of the promoter without the previous consent in writing of the occupiers thereof except that the promoter may at any reasonable time by himself his servants agents or workmen enter upon any land or place wherein any pipe hath already been lawfully laid down or placed in pursuance of this Act and repair or alter the existing pipe or lay or place any new pipe in the stead thereof. 2. It shall be lawful for the promoter to contract with any person Power to make (whether incorporate or individual) for supplying with gas any such guppiy^of'gL. person or any street way lane passage manufactory shop warehouse j^^^ ^ ^^^ public or private house building or place and for such purpose from works for that time to time to lay down carry fit up connect and furnish any pipe p™?''^'^- branch or burner lamp meter or other apparatus from or in connection with any main pipe or to lay down any new main which for such pur- poses maybe required and to let any such apparatus for hire for such sum as may be agreed upon which sum may be recovered in like manner as any rent or remuneration for the supply of gas Provided always that in all cases where damage may be done by the promoter his agents workmen or others in the course of laying on or removing apparatus the said damage shall be made good at the expense of the promoter and in case he shall delay within a reasonable time to make good such damage the wner or occupier of such premises may make good the same and recover the expense thereof from the said promoter in the same manner as is herein provided for the recovery of any sum of money payable under the provisions of this Act Provided also that if Occupier • f»i.Ti.j J 1 oDstructing; re- any owner or occupier of any building tenement or place or any person j^avsi of appa- acting for him shall refuse reasonable access in pursuance of the rat™- 180 BATHUEST GAS. 36 Victoria, provisions of this section or the fifth section of this Act to the eon- tractors agents workmen or servants of the promoter for the purpose of removing any such pipe burner meter or apparatus placed or in- troduced into any such building tenement or place by the promoter or shall prevent or obstruct such removal then the said owner occupier or person acting for him shall immediately make payment to the promoter for such pipe burner meter or apparatus and in default of his so doing within three days after demand thereof made at the same building tenement or place or the residence of the party it shall be lawful for the promoter to make complaint thereof before any Justice of the Peace who may cause to be issued a summons to the person so making default calling on him to show cause before the Court of Petty Sessions of the Police District where the building tene- ment or place is situated why he refuses to pay such demand and there- upon the said Court shall proceed to the adjudication and enforcement Fraudulent use gf sucli demand in the manner hereinafter set forth And if any person tion of workmen shall place or lay any pipe to communicate with any main-pipe meter apparatus" '^^ other apparatus already laid placed or erected by the said promoter or shall use additional burners or burners of larger dimensions or of other kind or description than that he has contracted with the promoter to use or shall keep the gas supplied by the promoter burning for a longer time than he has contracted with the promoter to pay for or shall supply any person with any of the gas supplied to him by the promoter without hjs consent in writing first obtained or if any person shall wan- tonly or maliciously hinder or interrupt the contractors workmen agents or servants of the promoter in legally doing or performing any of the acts aforesaid or in exercising the powers and autliorities by this Act given or if any person shall wilfully negligently or accidentally do or cause to be done any injury or damage to any of the buildings machinery pipes burners lamps meters or apparatus of the promoter or remove the same or cause a waste or improper use of gas supplied by the pro- moter it shall be lawful for the promoter to make a complaint thereof before any Justice of the Peace who may cause to be issued a summons to the person so offending to appear before the Court of Petty Sessions of the Police District where such offence shall be committed and being thereof lawfully convicted such person shall forfeit and pay to the pro- moter any sum not exceeding five pounds over and above all damages done and over and above all costs such sum to be ascertained by such Court and to be enforced by distress and all proceedings under this Act not herein expressly provided for shall be regulated and conducted in accordance with the powers of the law in force for the time being respecting summary proceedings before Justices of the Peace and all such provisions shall so far as the same are applicable be enforced and observed in aU proceedings under this Act not herein expressly provided for. ua*Se''tedi5t°rls3 ?' ^° pip^. burner lamp meter or other apparatus of the promoter execution &a. being set up in any building tenement or place shall be subject to dis- tress for rent or shall be taken in execution under any process or pro- ceeding of any Court of Law or Equity or under any proceedings in bankruptcy or insolvency save so far as any process or proceedings against the promoter are concerned. rtreets&!°' ^' ^^^'^ '^^^ so of*eii *s the promoter his servants contractors broken to 'be agents or Workmen shall have opened broken up or removed the soil rc^piacod. or pavement of any street or bridge as aforesaid or shall have opened BATHUEST GAS. 181 or broken up any sewers drains or tunnels witliin or under any sucli 36 Victobia streets or bridges the promoter shall make all reasonable despatcli in performance of tbe work to be done and shall on completion of such work forthwith carry away all rubbish and waste or surplus material and reinstate such pavement stone or other material and render such street or bridge and every such sewer drain and tunnel within or under the same as nearly as possible in the same condition as it was in previously to the disturbance thereof and during the continuance of such work and until such reinstatement the promoter shall set up sufficient barriers and keep lights burning at night in order to prevent Barriera and accidents And also when and so often as any gas pitch waste tar kepjutj* ^^ waste liquid or other things shall escape or flow from any pipe receivers or drain being part of or incidental to the works to be erected under Nuisances, this Act so as to contaminate the air or any stream spring or other watercourse or body of water natural or artificial and render the same unhealthy or offensive or unfit for use it shall be lawful for any person to give notice thereof in writing to the promoter who shall immediately take the most speedy and effectual measures to prevent or remedy the same and if the promoter shall make default in any of the matters so required by him to be performed it shall be lawful for any person to lodge complaint thereof before any Justice of the Peace who may summon the promoter before the nearest Court of Petty Sessions and on proof of such default the said Court of Petty Sessions shall order and direct that the said matters shall be done by the promoter within a reasonable time to be named by such Court and in default of com- pliance with such order any Justice of the Peace on proof of such de- fault on the part of the promoter and on proof that the complainant or any other person has performed the said work so to be done and of the costs charges and expenses attending the same shall issue a distress warrant against the goods and chattels of the promoter for any amount not exceeding the said charges and expenses and the cost of prosecuting such complaint to be paid to the person performing the said work as aforesaid. 6. It shall be lawful for the promoter to cut off and take away the power to cut supply of gas from the building tenement or other place of every ^Jf^l°' person or body making default in payment after giving twenty-four hours notice to the occupier and thenceforth to discontinue the supply of gas contracted for with the promoter by such person or body and to enter by himself his agents or workmen into such building tenement or place between the hours of nine in the forenoon and four in the afternoon and remove and carry away any pipe burners lamp meter or other apparatus the property of the promoter and the promoter shall have the like powers with regard to cutting off taking away and dis- continuing the supply of gas in the case of the building tenement or place of any person who shall have been lawfully convicted as herein- before provided of any fraudulent injury to any meter or apparatus on such premises or fraudulent use of the gas of the promoter And in Eemedy lor case any person or body who shall contract with the promoter or agree recovery ot rents to take or shall take or use the gas of the promoter in any building tenement or place or otherwise shall refuse or neglect to pay the sum or sums of money then due under his or their contract for the same to the promoter according to the terms and stipulations thereof it shall be lawful for the promoter to make complaint of such refusal or neglect before any Justice of the Peace who may cause to be issued a summons to the party so refusing or neglecting callmg on him or them to show 182 BATHUEST GAS. Eight of officer to enter premieeB. Appeal General rights 36 ViOTOBiA, cause before the Court of Petty Sessions in the police district in which such building tenement or place is situated or such user took place why- he or they refuses or refuse to pay such sum or sums and thereupon the said Court shall proceed to the adjudication of the said complaint and enforcement of the said demand and costs charges and expenses incurred in the prosecution thereof by distress and sale of the goods and chattels of the person or body so refusing or neglecting to pay. 6. The clerk engineer or other officer duly appointed for such pur- pose by the promoter may at all reasonable times enter any building tenement or place lighted with gas supplied by the promoter in order to inspect the pipes burners lamps meters or other apparatus of or connected with the works of the promoter to regulate the supply of gas or to ascertain the quantity of gas consumed or supplied and if any person shall hinder any such officer as aforesaid from so entering or making such inspection as aforesaid at any reasonable time such person shall for every such offence forfeit and pay to the promoter a sum of money not exceeding five pounds to be awarded and recovered by the promoter in like manner as the penalties aforesaid. 7. Any person may appeal from the judgment or conviction of any Court of Petty Sessions under this Act in the form and manner set forth in the Act of Council fifth William the Pourth number twenty- two. 8. Nothing in this Act contained shall be construed to prevent any raerved"^"""'^' person from indicting or otherwise proceeding either civilly or crimi- nally against the promoter for nuisance or otherwise in respect of the works or means used or employed by the promoter in exercising the privileges hereby .on him conferred or to prevent the promoter or any person from recovering any sum of money or otherwise proceeding in any Court of comj)eteut jurisdiction but the promoter or any person to whom any penalty or sum of money may by the provisions of this Act be awarded may elect either to proceed in manner in this Act provided or to proceed for and recover damages or otherwise in any Court of competent jurisdiction nor shall anything herein contained limit restrict or in any manner affect the right of any municipahty or of any other person or Company hereafter empowered by the Legisla- ture to supply gas to the said city of Bathurst or suburbs or other place or to exercise any power which it may be deemed expedient or neces- sary to grant for that purpose. 9. The following words and expressions in this Act shall have the meaning hereby assigned to them unless there be something either in the subject or context repugnant to such construction The word "promoter" shall mean the said John Newlands Wark his representa- tives or assigns owners for the time being of the Bathurst Grasworks The expression "Bathurst Grasworks" shall mean the gasworks and the works connected therewith by this Act authorized to be constructed The word " street" shall include any square court or alley highway lane road thoroughfare or other passage or place within the limits of this Act The expression " city and suburbs of Bathurst" shall com- prise aU that disirict which is included within a radius of seven miles from the centre of the market-square of the said city Provided that it shall be lawful for the Grovernor at any time by proclamation in the Grazette to order that this meaning of the expression last aforesaid may for the purposes of this Act be extended to include any such other place or places as in such proclamation may be named and defined. Short title. 10. This Act may be cited as the "Bathurst Gi-as Act of 1872." Interpretation clause. 183 BATHURST HOSPITAL. An Act to autliorize tlie sale of the site of the Bathurst 39 Victoria. Hospital and to provide for the expenditure of the money received therefrom in the erection of suit- able buildings for a like purpose on a new site. [2 May, 1876.] WHEEEAS Richard Toung Cousins J.P. Edward Q-ell J.P. Eichard Preamble Machattie M.D. Edmund Webb J.P. (formerly M.P.) and Henry E,otton J.P. have been duly appointed and now are the trustees of the land at Bathurst dedicated as a site for an hospital which said land is more particularly described in the Schedule hereto And whereas the buildings erected on the said land are inadequate and unfit for the requirements of the district and the site has become unsuitable for the purposes of a public hospital And whereas it is expedient that provision should be made upon the acquisition of a better site for the erection thereon of suitable buildings for such hospital and that the trustees for the time being of the said land should be empowered to sell and dispose of the same in order to raise a sum of money to be expended in defraying part of the cost of erecting on such better site suitable buildings for the said hospital 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. It shall be lawful for the trustees for the time being of the said Trustees author- Bathurst Hospital to sell and dispose of the said parcel of land des- ^''^^ *" "''^' cribed in the Schedule hereto by public auction or private contract and either in one lot or in several lots as they shall deem expedient for such price or prices as can be reasonably had or obtained for the same and to convey and assure the same or any portion or portions thereof when sold to the purchaser or purchasers thereof in fee-simple freed and discharged from all trusts affecting the said land And the receipt in writing of the said trustees for the purchase moneys arising from such sale or sales shall be a sufficient discharge to any and every pur- chaser of the said land or portions thereof and exonerate such pur- chaser from seeing to the application of the said moneys and from all liability in respect of the misapplication or non-application thereof. 2. The said trustees and their successors shall stand possessed of the Application of moneys arising from such sale or sales as aforesaid upon trust to apply |X'^^'^^ °' the proceeds thereof in or towards the erection of a public hospital in the town of or in the vicinity of the town of Bathurst upon a suitable site for that purpose And the said trustees and their successors shall also stand possessed of any moneys voted or to be voted by Parliament in aid of the building fund of the said hospital and also all other moneys coming to their hands as such trustees upon the like trusts as are hereinbefore declared in respect of the proceeds of sale of the said land And the receipts of any person or persons to whom any moneys shall be paid by the said trustees or their successors under the provisions of this Act shall be a valid and complete discharge to the said trustees and their successors for such moneys. 184 39 ViCTOEIA. te to be pproved by Governor. Liability of trustees. BATHIJEST MAEKET. 3. ISTo expenditure of any of tlie said moneys shall be made upon any new site unless such new site shall have been approved by the G-overnor with the advice of the Executive Council And all buildings offices and their appurtenances to be erected on the land so approved of shall be constructed according to plans and specifications to be approved of by the Colonial Architect. 4. Ko trustee or trustees under this Act shall be held responsible for any involuntary losses or misapplication of any moneys coming to the hands of the said trustees under the provisions of this Act unless such loss or misapplication shall have happened through the wilful neglect or default of the trustees under this Act for the time being. SCHEDULE. All that piece or parcel of land containing by admeasurement two acres two roods and nineteen perches be the same mure or less situated in the county parish and town of Bathiirst allotment number sixteen of section number nine Com- mencing at the north corner of the section and bounded thence on the north-west by Bentwick-street south-westerly five chains thirteen links on the south-west by the north-eastern boundary-line of allotment one south-easterly five chains eleven links on the south-east by the north-western line of allotment fifteen north-easterly five chains and twenty links to Howick-street and on the north-east by that street north-westerly five chains four links to the point of commencement. BATHUEST MAEKET. 27 VicTOEu. An Act to transfer the Bathurst Market to the Municipal Council of Bathurst. [22 April, 1864.] Preambip. "TTTHEIiEAS it is expedient to transfer to the municipality of VY Bathurst the market established in the town of Bathurst in the year one thousand eight hundred and forty-seven 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 market established in the town of Bathurst in the year one thousand eight hundred and forty-seven under the Act third Victoria number nineteen and all land and estate and all personal property of whatsoever kind belonging thereto or usually held and enjoyed there- with or held in trust therefor or for the purposes thereof are hereby transferred to and vested in the council of the municipality of Bathurst in trust for and subject to the several purposes and provisions of the Municipalities Act of 1858. 2. This Act shall be styled and may be cited as the "Bathurst Market Act of 1864." Bathurst Market transferred to municipality. Short title. 185 BATHUEST MECHANICS' INSTITUTE. An Act to enable tlie trustees of the Bathurst School of 22 Victoria. Arts and Mechanics' Institute to surrender a certain piece or parcel of land in William-street in the town of Bathurst some time since granted as a site for the erection of a building for the use of the said School of Arts and Mechanics' Institute and to accept a grant of other land in lieu thereof. [21 July, 1858.] WHEKEAS George Busby G-eorge Eanken Thomas Dumngham Preamble. Syer and Richard Machattie trustees of the Bathurst School of Arts and Mechanics' Institute are as such trustees possessed of an allotment of land in William-street in the town of Bathurst containing by admeasurement two roods which was granted by the Crown on the first day of March one thousand eight hundred and fifty -three to the said trustees as a site for the erection of a building for the use of the said School of Arts and Mechanics' Institute And whereas it is con- sidered expedient to surrender the said allotment to the Crown and to accept in lieu thereof a more eligible site for the said building situate at the corner of William-street and Howick-street in the said town of Bathurst in the section of land known as " The Square" but the said trustees are not legally competent to make such surrender and to effect the proposed exchange without legislative authority 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. It shall be lawful for the said George Busby G-eorge Eanken Trustees Thomas Duningham Syer and Richard Machattie or the majority of surrender grant them as the trustees for the time being of the said Bathurst School of accept another Arts and Mechanics' Institute to surrender and yield up to Her in lieu thereof. Majesty the Queen and her successors the said parcel of land in William-street in the town of Bathurst so now possessed by the said trustees as aforesaid and to accept in lieu thereof and for the like pur- pose a certain other parcel of land situate at the corner of William- street and Howick-street in the section known as " The Square" in the said town of Bathurst of which it is intended that a grant shall be issued to the said trustees. 3 Wm. IV. 186 BENEVOLENT SOCIETY. An Act to enable the members of a certain Society in the Colony of New South "Wales denominated the Benevolent Society to sue and be sued in the name of their Treasurer for the time being and for other purposes therein mentioned. [24 August, 1832.] Preamble. I ITHEEEAS a Society liaa been established in the Colony of New VV South "Wales called the Benevolent Society which has for its object the relief of such poor persons as through age accident or infirmity are unable to support themselves And whereas to insure its permanentprosperityit is expedient that somememberof the same should be enabled to sue and be liable to be sued in the place of the whole of Enabling the the members of such Society Be it therefore enacted by His Excellency thename'oTtiie'S ^^^ Grovernor by and with the advice of the Legislative Council that all treasurer. actions and suits whatsoever against any person or persons whether a member or members of the said Society or otherwise and all other proceedings whatsoever whether at law or in equity to be commenced or prosecuted by or on behalf of the said Society or wherein the said Society is or shall be in anywise interested or concerned against any person or persons body or bodies corporate or politic shall and may be lawfully commenced and prosecuted in the name of the person who shall be the treasurer of the said Society at the time any such action suit or other proceeding shall be instituted as the nominal plaintifE complainant or petitioner for and on behalf of the said society and such proceedings shall and may be prosecuted and carried on to their final termination in the name of such treasurer notwithstanding any change may have been made in the said office of treasurer during the progress of such suit action or other proceeding. Actions against 2. And be it further enacted That all actions suits and other pro- pros^cuted *° ^^ ceedings at law or in equity to be commenced and prosecuted against against their the said Society shall be commenced and prosecuted against the treasurer. treasurer thereof for the time being as the nominal defendant for and on behalf of the said Society and that the death resignation or other act of the treasurer of the said Society shall not abate any such action suit or other proceeding but the same may be continued where it left off and be prosecuted and carried on against the said Society in the name of such person who was treasurer when such action suit or other pro- Proviso for ceeding was instituted or commenced Provided always that every such teeasure?'"^ treasurer in whose name any such action suit or other proceeding shall be commenced prosecuted carried on or defended shall in all cases be reimbursed and paid out of the funds of the said Society. Society to hold 3. And be it further enacted That the members of the said Society iiTreditements ^^^^ ^^ ^^^ ^^^J ^'^^ hereby authorized and enabled by and in the th '■''^t?*'"^ °' name of their treasurer for the time being to accept take and hold by eir easurer. p^pgi^f^gg q^ ^gg^gg ^^j estate or estates in lands tenements or heredita- ments of inheritance or for lives or years or for years determinable on the death of any life or lives as also to accept take and hold all BEERIMA COAL-MINE RAILWAY. 187 3 Wm. IV, voluntary grants and donations of lands tenements or hereditaments or of any estate or interest therein Provided that the same be and be Proviso, made by deeds indented sealed and delivered in the presence of two or more credible witnesses twelve calendar months at least before the death of such grantor or donor (including the days of the transfer and death) and of any personal property or effects whatsoever which shall be made to them or their said treasurer for the purpose of promoting the objects of the said Society. 4. And be it further enacted That the provisions in this Act contained Act not to be shall extend and be construed and taken to extend to the said Society chang'e o/ at all times during the continuance of the same whether the said Society ^™j^''^ °' ""^ be now or be hereafter composed of all or some of the persons who were the original members thereof or be composed altogether of persons who were not the original members of the same. 5. And be it further enacted That if any poor person who hath been Punishment of or shall be admitted as an inmate into the asylum of the said Society AByfumfor ^ shall wilfully waste any of the goods or materials committed to his or waste of goods or ^ "in,!*^ -iT, •- !• ,1 • materials com- ner care or snail take or carry away without permission ot the superm- mitted to their tendent or person having charge of the said asylum any goods or ''^"• materials provided for the use thereof or belonging to any person residing there it shall and may be lawful for any two Justices upon complaint being made before them upon oath to hear the same and the parly accused and upon conviction to commit the offender to the com- mon gaol there to be kept on bread and water for any time not exceed- ing one month. 6. Provided always and be it further enacted That nothing in this Act not to affect ordinance contained shall be deemed to affect or apply to any right h^ Majesty or title or interest of His Majesty his heirs and successors or of any body of others not corporate or politic or of any other person or persons excepting such herein"" as are mentioned herein or of those claiming by or under him or them. 7. And be it further enacted That this ordinance shall not commence Commencement or take effect until the same shall have received the Royal approbation ° °*' and the notification of such approbation shall have been made by His Excellency the Governor in the New South "Wales Grovemment Gazette. BEREIMA COAL-MINE RAILWAY. An Act to enable a Company called "The Berrima Coal- ^ Victoria. mining and Railway Company (Limited)" to con- struct a Railway from the Berrima Coal-mine to the Great Southern Railway. [31 March, 1881.J WHEREAS certain persons now residing in the Colony of New Preamble. South Wales have opened coal-mines and established colHeries on a parcel of land situate near Berrima in the county of Camden and with others have formed themselves into a Company called the Berrima Coal-mining and Railway Company (Limited) and in order to facilitate communication between the said coal-mines and the Great Southern Railway such Company is desirous of constructing a railway 188 BEEEIMA COAL-MINE EAILWAT. 4i Victoria, from their said coal-mine to the Great Southern Eailway but as part of such proposed railway is intended to be made upon and pass through lands believed to be the property of the Crown and private persons respectively the same cannot be made without legislative authority And whereas the said coal-mines are likely to prove beneficial to the Colony and -the public are concerned in promoting such an increase in and facilities for the supply of coal for local consumption steam navigation and export as would result from the construction of the said proposed railway and the traffic on the Great Southern Eailway would be increased thereby and the cost of fuel for the said Great Southern Eailway would be very materially decreased thereby it is therefore desirable to authorize by legislative enactment the construc- tion of the said railway subject to the provisions hereinafter contained upon payment of compensation to the several parties through whose land the same shall pass for such portion of their respective lands as may be required to be taken and occupied thereby 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 : — ■ Authority to 1. It shall be lawful for the said Company to make and construct a w ay and'cmnect railway from the eastern boundary of their said land unto and through same with Great the land belonging to the Crown and unto and through the land known Southern Kail- ^^ ^-^^^ ^£ Thomas Edwards and unto and through the land known as George Edward Makins and into and through the land known as the Mereworth Estate now belonging to the representatives of the late John Hillas and into and through the land known as the Bong Bong Estate now belonging to the representatives of the late William Hutchinson and terminating at a point on the Great Southern Eailway between the Moss Vale Station and the Austermere Platform and to effect if necessary a junction between said line and the Great Southern Eailway in accordance with section ninety-nine of thu Government Eailways Act of 1858 such railway to be in the line described in the Schedule but so that the same shall not occupy at any part thereof (except near the junction of the Great Southern Eailway) a greater space in breadth than sixty-six feet And also that the said Company may take and occupy three acres of land or any lesser area at the junction of the said railway with the Great Southern Eailway. Site of railway 2. The ground and soil of so much of the site of the railway as fn the Company passcs Over the lands of the said owners of lands respectively and over without con- Crown land together with such rights of ingress egress and regress veyanoe. upon the adjacent land as may be necessary for the making and repair thereof shall be vested by virtue of this Act and without the necessity of any conveyance in the Company for the purposes of the railway Provided that no lands vested in the Commissioner for Eailways shall by virtue of this Act be vested in the Company and nothing herein con- tained shall prevent the said owners from carrying on any mining opera- tions beneath the said railway which shall not interfere with the safety of the said railway and the tralEc thereon and the Company shall have no further right to the soil of the said lands beneath the surface than shall be requisite for the formation and repair of the said road by cutting embanking sinking wells or otherwise Provided also that r£ in the exercise of the powers hereby granted it be found necessary to cross cut through sink raise or use any part of any road whether car- BEEEIMA COAL-MINE EAILWAT. 189 riage road or horse road so as to render it impassable for or dangerous 44 Vicxoeia. or inconvenient to the persons entitled to the use thereof the Company shall before the commencement of any such operations cause a suffi- cient road to be made instead of any road interfered with and shall at their own expense maintain such substituted road in a state as convenient as the road interfered with or as nearly as may be And the Company before they use the said lands of the said owners of land respectively and the said Crown land for any of the purposes aforesaid shall if required so to do separate the same by a sufficient fence from the land adjoining thereto with such gates as may be required for the convenient occupation of such land and shall also to all private roads used by them as aforesaid put up fences and gates in like manner in all cases where the same may be necessary to prevent the straying of cattle from or upon the lands traversed by such roads and in case of any difference between the owners or occupiers of such roads and lands and the Company as to the necessity for such fences and gates then the said Company shall put up and erect such fences and gates as any two Justices of the Peace shall deem necessary for the purposes aforesaid on application being made to them. 3. The railway shall be open to the public use upon payment of a Railway open to toll to the Company of a sum not exceeding three pence per ton per *'"' piWic. mile in respect of every ton of goods for every transit the party seeking transit supplying and loading his own trucks or waggons and the Com- pany supplying locomotive power and all trucks when emptied shall be conveyed on their return free of cost Provided always that it shall not be compulsory on the Company to supply locomotive power unless the party seeking transit guarantee and bring one hundred tons at least during the twelve working hours and give notice of same at least twenty-four hours previously The railway shall at all times be open to the public upon payment of a toll to the Company of a sum not exceeding two pence per ton per mile in respect of every ton of goods for every transit if the party seeking transit supply the locomotive power as well as the trucks and waggons Provided that so long as the Company shall be willing to supply locomotive power no other person shall use locomotive power on the line Provided that if the railway shall be damaged by parties who shall themselves use the railway for transit and supply locomotive power the Company shall be entitled to compensation for such damage to be recovered either by action in the Supreme Court of New South "Wales or if such damage do not exceed the sum of twenty pounds summarily before two Justices and in esti- mating such damage the Company shall be entitled not only to com- pensation for the cost of repairing and restoring the railway but to the consequential damage (if any) sustained by reason of the suspension of transit or otherwise. 4. And be it enacted That it shall be lawful for the owners or Branch railway occupiers of the lands traversed by the said railway to lay down upon their own lands any collateral branches of railway to communicate with the said railway for the purpose of bringing carriages to or from or upon the said railway and the Company shall if required at the expense of such owners or occupiers make openings in the rails and such additional lines of railway as may be necessary for effecting such communication in places where the communication can be made with safety to the public and without injury to the said railway and without inconvenience to the traffic thereupon and the Company shall not take 190 BEEEIMA COAL-MINE EAILWAT. Power to divert or alter roads. Penalty for not substituting a road. 44 VicTOEiA. any rate or toll or other moneys for tlie passing of any passengers goods or other things along any branch so to be made by any such owner or occupier or other person but this enactment shall be subject to the following restrictions and conditions (that is to say) — No such railway shall run parallel to the said railway — ^the Company shall not be bound to make any such openings in any place which they shall have set apart for any specific purpose with which such communication would interfere nor upon any inclined plane or bridge nor in any tunnel. The persons making or using such branch railways shaU be subject to all by-laws and regulations of the Company from time to time made with respect to passing upon or crossing the railway and otherwise and the persons making or using such branch railways shall be bound to construct and from time to time as need may require to renew the off-set plates and switches according to the most approTed plan adopted by the Company under the direction of their engineer. 5. Por the purposes and subject to the provisions hereinafter con- tained it shall be lawful for the Company their deputies agents servants and workmen and all other persons by them authorized and empowered to divert or alter the course of any road or way crossing the railway or to raise or sink any road or way in order the more conveniently to carry the same over or under or by the side of the railway. 6. If the Company do not cause another suificient road to be so made before they interfere with any such existing road as aforesaid they shall forfeit twenty pounds for every day during which such substituted road shall not be made after the existing road shall have been inter- rupted and such penalty shall be paid to the Trustees Commissioners surveyor or other persons having the management of such road if a public road and shall be applied for the purposes thereof or in case of a private road the same shall be paid to the owner thereof and every such penalty shall be recoverable with costs by action in any of the superior Courts. 7. If in the course of making the railway the Company shall use or interfere with any road they shall from time to time make good all damage done by them to such road and if any question shall arise as to the damage done to any such road by the Company or as to the repair thereof by them such question shall be referred to the determination of two Justices and such Justices may direct such repairs to be made in the state of such road in respect of damage done by Company and within such period as they may think reasonable and may impose on the Company for not carrying into effect such repairs any penalty not exceeding ten pounds per day as to such Justices shall seem fit and any such penalty shall be paid to the surveyor or other person having the management of the road interfered with by the Company if a public road and be applied for the purposes of such road or if a private road the same shall be paid to the owner thereof Provided always the said Justices shall have regard to and shall make full allowance for any tolls that may have been paid by the Company on such road in the course of the using thereof. Until the Company shall have made the bridges or other proper communications which they shall under the provisions herein contained have been required to make between lands intersected by the railway Road repairs. Owners crossing. g_ BEEEIMA COAL-MINE EAILWAT. 191 and no longer the owners and occupiers of sucli lands and any other 44 Victoria. persons whose right-of-way shall be affected by the want of such com- munications and their respective servants may at all times freely pass and repass with carriages horses and other animals directly but not otherwise across any part of the railway made in or through their respective lands solely for the purpose of occupying the same lands or for the exercise of such right-of-way and so as not to obstruct the passage along the railway or to damage the same nevertheless if the owner or occupier of any such lands have in his arrangements with the Company received or agreed to receive compensation for or on account of any such communications instead of the same being formed such owner or occupier or those claiming under him shall not be entitled so to cross the railway. 9. If the railway cross any public highway or parish road on a level Provisions in the Company shall erect and at all times maintain good and sufficient roads are gates across such road on each side of the railway where the same shall f™f^^ '"' ^ communicate therewith and shall employ proper persons to open and shut such gates and such gates shall be kept constantly closed across such roads on both sides of the railway except during the time when horses cattle carts or carriages passing along the same shall have to cross such railway and such gates shall be of such dimensions and so constructed as when closed to fence in the railway and prevent cattle or horses passing along the road from entering upon the railway and the person intrusted with the care of such gates shall cause the same to be closed as soon as such horses cattle carts or carriages shall have passed through the same under a penalty not exceeding forty shillings for every default therein Provided always that it shall be lawful for the Secretary for Public Works in any case in which he shall be satis- fied that it will be more conducive to the public safety that the gates on any level crossing over any such road shall be kept closed across the railway to order that such gates shall be kept so closed instead of across the road and in such case such gates shall be kept constantly closed across the railway except when engines or carriages passing along the railway shall have occasion to cross such road in the same manner and under the like penalty as above directed with respect to the gates being kept closed across the road. 10. In case of accidents or slips happening or being apprehended to Power to enter • the cuttings embankments or other works of the said railway it shall be ffi" to^repaif lawful for the Company and their workmen and servants to enter upon jo^^grt'^'n™^''^''' the land adjoining thereto at any time whatsoever for the purpose of restrictions, repairing or preventing such accidents and to do such works as may be necessary for the purpose but in every such case the Company shall within forty-eight hours after such entry make a report to the Secre- tary for Public "Works specifying the nature of such accident or appre- hended accident and of the works necessary to be done and such powers shall cease and determine if the said Secretary shall after con- sidering the said report certify that their exercise is not necessary for the public safety Provided also that such works shall be as little in- jurious to the said adjoining lands as the nature of the accident or apprehended accident will admit of and shall be executed with all possible dispatch and full compensation shall be made to the owners and occupiers of such lands for the loss or injury or inconvenience sus- tained by them respectively by reason of such works the amount of which compensation in case of any dispute about the same shall be 192 T3EERIMA COAL-MINE EAILWAT. U Victoria, settled by arbitrators in the maimer hereinafter mentioned And pro- vided also that no land shall be taken permanently for any such works otherwise than is herein provided with respect to the lands originally taken for the purpose of making the said railway. Construction of 11. Every bridge to be erected for the purpose of carrying the rail- roldl?' °^" ■way over any road shall be built in conformity with the following regulations (that is to say) : — The width of the arch shall be such as to leave thereunder a clear space of not less than thirty feet if the arch be over a public highway and of twenty feet if over a parish road and of twelve feet if over a private road The clear height of the arch from the surface of the road shall not be less than sixteen feet for a space of twelve feet if the arch be over a main road and fifteen feet for a space of ten feet if over a public carriage road and in each of such cases the clear height at the springing of the arch shall not be less than twelve feet the clear height of the arch for a space of nine feet shall not be less than fourteen feet over a private road The descent made in the road in order to carry the same under the bridge shall not be more than one foot in thirty feet if the bridge be over a public highway one foot in twenty feet if over a parish road and one foot in sixteen feet if over a private road not being a tramroad or railroad or if the same be a tramroad or railroad the descent shall not be greater than the ruling gradient of such tramroad or railroad Construction of 12. Every bridge erected for carrying any road over the railway raiiroad.°^''' shall be buUt in conformity with the following regulations (that is to say) :— There shall be a good and sufficient fence on each side of the bridge of not less height than four feet and on each side of the immediate approaches of such bridge of not less than three feet The road over the bridge shall have a clear space between the fences thereof of thirty -five feet if the road be a public high- way and twenty-five feet if a parish road and twelve feet if a private road The ascent shall not be more than one foot in thirty feet if the road be a main road one foot in twenty feet if a parish road and one foot in sixteen feet if a private road not being a tramroad or railroad or if the same be a tramroad or railroad the ascent shall not be greater than the ruling gradient of such tramroad or railroad The width of the 13. Provided always that in all cases where the average available exclldthewidth width for the passing of carriages of any existing road within fifty of the road in yards of the points of crossing the same is less than the width herein- am cases. i[,gf Qpg jjrescribed for bridges over or under the railway the width of such bridges need not be greater than such average available width of such roads but so nevertheless that such bridges be not of less width in case of a public highway or parish road than twenty feet Provided also that if at any time after the construction of the railway the average available width of any such road shall be increased beyond the BEERIMA COAL-MINE EAILWAY. 193 widtli of such bridge on either side thereof the Company shall he hound 44 Victokia. at their own expense to increase the width of the said bridge to such extent as they may be required by the trustees or surveyors of such road not exceeding the width of such road as so widened or the maxi- mum width herein prescribed for a bridge in the like case over or under the railway. 14. Provided also that if the mesne inclination of any road Existing inciina- within two hundred and fifty yards of the point of crossing the same crMse/or ^ or the inclination of such portion of any road as may be preserved to diverted need be altered or for which another road shall be substituted shall be °° eimpro\e . steeper than the inclination hereinbefore required to be preserved by the Company then the Company may carry any such road over or under the railway or may construct such altered or substituted road at an inclination not steeper than the said mesne inclination of the road so to be crossed or of the road so requiring to be altered or for which another road shall be substituted. 15. The Company shall make and at all times thereafter maintain Worka lor the following works for the accommodation of the owners and occupiers owTera."* of lands adjoining the railway (that is to say) — Such and so many convenient gates bridges arches culverts and Gates bridges passages over under or by the sides of or leading to or from °' the railway as shall be necessary for the purpose of making good any interruptions caused by the railway to the use of the lands through which the railway shall be made and such works shall be made forthwith after the part of the railway passing over such lands shall have been laid out or formed or during the formation thereof All sufficient posts rails hedges ditches mounds or other fences for Fences. separating the land taken for the use of the railway from the adjoining lands not taken and protecting such lands from trespass or the cattle of the owners or occupiers thereof from straying thereon by reason of the railway together with all necessary gates made to open towards such adjoining lands and not towards the railway and all necessary stiles and such posts rails and other fences shall be made forthwith after the taking of any such lands if the owners thereof shall so require and the said other works as soon as conveniently may be Also all necessary arches tunnels culverts drains or other passages Drains, either over or under or by the sides of the railway of such dimensions as will be sufficient at all times to convey the water as clearly from the lands lying near or affected by the railway as before the making of the railway or as nearly so as may be and such works shall be made from time to time as the railway works proceed Also proper watering-places for cattle or compensation in lieu Watering-piaces. thereof where by reason of the railway the cattle of any person occupying any lands lying near thereto shall be deprived of access to their former watering-places and such watering- places shall be so made as to be at all times sufficiently supplied with water as theretofore and as if the railway had not been made or as nearly so as may be and the said Com- pany shall make all necessary watercourses and drains for the purpose of conveying water to the said watering-places 194 BEEEIMA COAL-MINE EAILWAT. 44 Victoria. Penalty on persons omitting to fasten gates. Minerals not to pass. Compensation clause Appointment of arbitrators. Vacancy of arbitrator to be supplied. ProTided always that the Company shall not be required to make such accommodation works in such a manner as would prevent or obstruct the working or using of the railway nor to make any accommodation works with respect to which the owners and occupiers of the land shall have agreed to receive and shall have been paid compensation instead of the making them. 16. If any person omit to shut and fasten any gate set up at either side of the railway for the accommodation of the owners or occupiers of the adjoining lands so soon as he and the carriage cattle or other animals under his care have passed through the same he shall forfeit for every such offence any sum not exceeding ten pounds. 17. The Company shall not be entitled to any mines of coal iron- stone slate or other minerals under any land whereof the surface is vested in them by virtue of this Act except only such parts thereof as shall be necessary to be dug or carried away in the construction of the works hereby authorized and such mines shall not be deemed to vest in the said Company. 18. If within twenty-eight days after the passing of this Act the said persons through whose lands the railway shall pass or any of them and the Company shall not agree as to the amount of compen- sation to be paid by them for the said lands belonging to the said parties or any of them or for any damage that may be sustained by them or him by reason of the execution of the works or if any other question as to compensation shall arise under this Act the amount of such compensation shall be settled by arbitrators in manner hereinafter mentioned (that is to say) — Unless both parties shall concur in the a^jpointment of a single arbitrator each party on the request of the other party shall nominate and appoint an arbitrator to whom such dispute or other matter shall be referred and every appointment of an arbitrator shall be under the hand of such party and such appointment shall be delivered to the arbitrator or arbitrators and shall be deemed a submission to arbitration on the part of the party by whom the same shall be made and after any such appointment shall have been made neither party shall have power to revoke the same without the consent of the other nor shall the death of either party operate as a revocation and if for the space of fourteen days after any such dispute or other matter shall have arisen and after a request in writing shall have been sei-ved by the one party on the other party to appoint an arbitrator such last-mentioned party fail to appoint such arbitrator then upon such failure it shall be lawful for the Attomey-Q-eneral for the time being of the said Colony on the application of the party who has himself appointed an arbitrator to appoint such arbitrator to act on behalf of both parties and such arbitrator may proceed to hear and determine the matters which shall be in dispute and in such case the award or determination of such single arbitrator shall be final and conclusive. 19. If before the matter so referred shall be determined any arbi- trator appointed by either party shall die or become incapable or refuse or for fourteen days neglect to act as arbitrator the party by whom such arbitrator was appointed may nominate and appoint in writing some other person to act in his place and if for the space of seven days after notice in writing from the other party for that purpose he fail to do so the remaining or other arbitrators may proceed alone and every arbitrator so to be substituted as aforesaid shall have the same powers and authorities as were vested in the former arbitrator at the time of such his death refusal neglect or disability as aforesaid. BEEEIIIA COAL-MIXE RAILWAY. 195 20. Where more than one arbitrator shall taTe been appointed such. 44 Victokia. arbitrators shall before they enter upon the matters referred to them Appointment of nominate and appoint by writing under their hands an umpire to decide ^^p™- any matters on which they shall differ or which shall be referred to them under the provisions of this Act and if such umpire shall die or refuse or for seven days neglect to act after being called upon to do so by the arbitrators they shall forthwith after such death refusal or neglect appoint another umpire in his place and the decision of every such umpire on the matters so referred to him shall be final. 21. If in either of the cases aforesaid the arbitrator shall refuse or Qf°™^^^^ for seven days after request of either party to such arbitration neglect appoint umpire to appoiut an umpire it shall be lawful for the Attorney- G-eneral for °"°''s'^°'' the time being on the application of either party to such arbitration to appoint an umpire and the decision of such umpire on the matters on which the arbitrators shall differ or which shaU be referred to him under this Act shall be final. 22. If when a single arbitrator shall have been appointed such arbi- J"g"i^<^i°artu*'' trator shall die or become incapable or shall refuse or for fourteen trator" the matter days neglect to act before he shall have made his award the matters '° ^^^ '*" ^'""'■ referred to him shall be determined by arbitration under the provisions of this Act in the same manner as if such arbitrator had not been appointed. 23. If where more than one arbitrator shall have been appointed J' «'*'>?'' ^'^i*^- ■icii- imp f 1 1 x J- J. tor refuse to act either or the arbitrators shall retuse or tor seven days neglect to act the other to the other arbitrator may proceed alone and the decision of such other Yxp^e arbitrator shall be as effectual as if he had been the single arbitrator appointed by both parties. 24. If where more than one arbitrator shall have been appointed I'.?'^'*"'''^"'^ and where neither of them shall refuse or neglect to act as aforesaid their award such arbitrators shall fail to make their award within twenty-one days ^^^^y^^-^^^' after the day on which the last of such arbitrators shall have been matter to go to appointed or within such extended time (if any) as shall have been *''^""P"'*- appointed for that purpose by both of such arbitrators under their hands the matters referred to them shall be determined by the umpire to be appelated as aforesaid. 25. The said arbitrators or their umpire may caU for the production ^oy^''^ °^ ^'Jj'" of any documents in the possession or power of either party which i^x books &c. they or he may think necessary for determining the question in dispute and may examine the parties or their witnesses on oath and administer the oaths necessary for that purpose. 26. Before any arbitrator or umpire shall enter into the consideration Arbitrator or f 1 1 • 1 1 n • j_i £ -T J.- (. umpire to make or any matters referred to nim he snaii in tne presence oi a Justice oi a declaration the Peace make and subscribe the following declaration (that is to say) — 'harge of'dutjt " I A.B. do solemnly and sincerely declare that I wiU faithfully and honestly and to the best of my skill and ability hear and determine the matters referred to me under the provisions of the Berrima Coal-mine Bailway Act. Made and subscribed in the presence of A.B." And such declaration shall be annexed to the award when made and if Penalty for mis- any arbitrator or umpire having made such declaration shall wilfully '^'^ act contrary thereto he shall be guilty of a misdemeanour. 196 BEEEIMA COAL-MINE EAILWAT. 44 ViOTOKIA. Cost of arbitra- tion how to be borne. Award to be delivered to the Companj-. Submission may be made a rule of Court. Award not void through error in form. Compensation for temporary permanent or recurring injuries. Compensation to ho made for temporary occu- pation. Company may make by-lawa. 27. All tlie costs of any sucli arbitration and incident thereto to be settled by the arbitrators shall be borne by the Company unless the arbitrators shall award the same or a less sum than shall have been offered by the Company in which case each party shall bear his own costs incident to the arbitration and the costs of the *a.rbitrators shall be borne by the parties in equal proportions unless the amount awarded shall be one-fourth less than the amount in which case the whole costs shall be paid by the claimant Provided that if either party shall be dissatisfied with the costs allowed by the arbitrators as aforesaid the costs may be taxed by the Prothonotary or other proper oificer of the Supreme Court and the amount allowed by such officer shall be the amount of costs to be paid. 28. The arbitrators shall deliver their award in writing to the Com- pany who shall retain the same and shall forthwith on demand at their own expense furnish a copy thereof to the other party and shall at all times on demand produce the said award and allow the same to be in- spected or examined by such party or any person appointed by him for that purpose and the amount awarded shall be paid within sixty days after the publication of such award. 29. The submission to any such arbitration may be made a rule of the Supreme Court on the application of either of the parties. 30. No award made with respect to any question referred to arbitra- tion under the provisions of this Act shall be set aside for irregularity or error in matter of form. 31. The Company shall make compensation and satisfaction to the said owners and occupiers — the amount of such compensation and satis- faction to be ascertained and recovered in case of difference in the manner hereby provided — ^f or temporary permanent or recurring injury and all other damage loss costs charges and inconvenience which may in anywise be occasioned to the said owners or occupiers by the non- performance by the said Company of any of the matters and things hereby required to be performed by them or otherwise. 32. In every case where the Company shall take temporary possession of lands by virtue of the powers hereby granted it shall be incumbent on them within one month after their entry upon such lands upon being required so to do to pay to the occupier of the said lands the value of any crop or dressing that may be thereon as well as full com- pensation for any other damage of a temporary nature which he may sustain by reason of their so taking possession of their lands and they shall also from time to time during their occupation of the said lands pay half-yearly to such occupier or to the owner of the lands as the case may require a rent to be fixed by two Justices in case the parties differ and shall also within six months after the completion of the railway pay to such owner and occupier or deposit in the bank for the benefit of all parties interested as the case may require compensation for all permanent or other loss damage or injury that may have been sustained by them by reason of the exercise as regards the said lands of the powers hereby granted including the full value of all clay stone gravel sand and other things taken from such lands. 33. Por the purpose of regulating the conduct of the officers and servants of the Company and for providing for the due management of the affairs of the Company in all respects it shall be lawful for the Company subject to the provisions herein mentioned from time to time to make such by-laws and regulations as they shall think fit Provided that such by-laws be not repugnant to the laws of the Colony or to the BEEEIMA COAL-MINE RAILWAY. I97 provisions of this Act or to any resolutions of any general meeting of 44 Victoeia. shareholders and such hy-laws shall be reduced into writing and shall have affixed thereto the common seal of the Company and a copy of such by-laws shall be given to every officer and servant of the Company affected thereby and such by-laws may specify a maximum and minimum penalty for any breach thereof such penalty to be proceeded for and recovered under the provisions of the Act eleventh and twelfth Victoria chapter forty-three Provided always that any by-laws of the said Company relating to penalties must be first approved of by the Attorney- Greneral of the Colony for the time-being. 34. The production of a printed or written copy of the by-laws of Evidence of by- the Company having the common seal of the Company affixed thereto ^™' shall be sufficient evidence of such by-laws in all proceedings under the same. 35. Nothing in this Act shall be deemed to authorize the said Com- Lands beionginff pany to take or enter upon any lands belonging to the Commissioner for'R™iways°not for Railways or to alter or to interfere with the G-reat Southern Rail- to be taken, way or any of the works thereof further or otherwise than is necessary for making the junction and inter-communication between the railways without the previous consent in writing in every instance of the Com- missioner for Railways. 36. The Commissioner shall from time to time erect such signals and Commissioner conveniences incident to the junction either upon his own lands or on the STd a^ppotaf *'^ lands of the Company and may from time to time appoint and remove watchmen and such watchman switchmen and other persons as may be necessary for ™'*''''™™- the prevention of danger to or interference with the traffic at or near the junction. 37. The working and management of such signals and conveniences ■workinB of signals wherever situate shall be under the exclusive regulation of the Com- Bonsotcommis- missioner tor Railways. 38. Nothing herein contained shall alter repeal or otherwise affect S"™'"""',^^' the G-overnment Railways Act of 1858. J'^aiS "" °' 39. In this Act the said " Justices" shall mean Justices of the Peace interpretation in and for the territory of New South Wales and where any matter '^i''"^''- shall be authorized or required to be done by two Justices the expression " two Justices" shall mean two Justices assembled and acting together in Petty Sessions and the word " owner" shall mean any person or corporation who under the provisions of this Act would be able to sell land to the Company. 40. This Act shall be deemed and taken to be a Public Act and the short title, same whenever cited shall be sufficiently described as the " Berrima Coal- mine Railway Act of 1881." THE SCHEDULE HEREINBEEORE REFERRED TO. Commencing at a point on the eastern bonndary of the land of the Company and passing in an easterly direction through Government lands to Thomas Edwards' forty -acre purchase and through the said land in a similar direction to George E. Makin's forty-acre purchase and through the said land in a similar direction to John Atkinson's now Hillas's two thousand-acre grant and through the said land in a similar direction to the boundary of W. Hutchinson's three hundred acres and through the said land in a similar direction to the boundary of W. Hutchinson's one thousand five hundred-acre grant and through the said land in a similar direction to the boundary of W. Chippendale's now W. Hutchinson's four hundred- acre grant and through the said land in a similar direction to its junction with the Great Southern Railway The said railway to cross the Great Southern Road the road from Berrima to Moss Vale and a parish road one chain wide. 198 BETTS' TRUSTEES. 19 Victoria. An Act to enable John Eell Metcalfe and William Teale the Trustees under a certain Indenture of Settle- ment dated the third of January one thousand eight hundred and forty-eight made between Harriot Betts of the one part and Michael Metcalfe and Charles Lowe of the other part to sell certain lands at the Glebe near the City of Sydney and to invest the money to arise from such sale upon the Trusts of the said Settlement. [13 November, 1855.] Preamble. 11 1/ HEREAS by an indenture bearing date the third day of January VV one thousand eight hundred and forty-eight Harriot Betts the younger of the Glebe near the City of Sydney in the Colony of New South Wales spinster being seized in fee (subject to the life estate therein) of her mother Harriot Betts widow of the land messuage and hereditaments hereinafter mentioned and referred to granted released and assured unto Michael Metcalfe and Charles Lowe both of Sydney aforesaid therein described four acres of land in the parish of Petersham in the Colony aforesaid with the messuage thereon erected called " Kew Cottage" with the outbuildings and premises thereto belonging and in the Schedule to this Act particularly described upon trust to pay the rents and proiits of the said land messuage and hereditaments to or to permit the said land messuage and hereditaments to be occupied by the said Harriot Betts the younger rent free for her life for her sole and separate use and after her iiecease upon trust that the said trustees should sell the said land messuage and hereditaments in manner therein mentioned for such price as they should think reasonable and the said Harriot Betts the younger thereby directed that the said trustees should stand possessed of the moneys to arise from such sale in trust for her nephews and nieces thereinafter named that is to say Harriot Betts Greorge Panton Betts Maria Bowman Betts Margaret Louisa Betts Clara Leonora Betts and John James Arhouin Betts the six children of John Betts deceased the brother of the said Harriot Betts and Edward Nisbett Arbouin Betts the only child of Edward Dent Betts deceased another brother of the said Plarriot Betts in equal shares and proportions as tenants in common with benefit of survivor- ship as in the said indenture is mentioned And whereas the said Harriot Betts the mother of the said Harriot Betts the younger and the said Edward Nisbett Arbouin Betts her said nephew have departed this life And whereas the said four acres of land messuage and hereditaments have become of considerable value and highly advan- tageous offers to purchase parts thereof fronting to the waters of Port Jackson have been made to the said Harriot Betts and the said trustees but inasmuch as such trustees have no power to sell until after the death of the said Harriot Betts the younger and doubts exist whether the said Harriot Betts has power to revoke the said recited indenture of settlement and to execute valid conveyances to purchasers of the said four acres of land messuage and heredita- BETTS' TEUSTEES. • I99 ments therein comprised and it would be highly beneficial as well 19 Viotokia. to the said Harriot Betts as to the cestuique trusts in the said settle- ment named if the trustees thereof were authorized and empowered to sell and dispose of either the whole of the said land messuage and hereditaments or such part thereof as with the consent of the said Harriot Betts the younger it might be deemed expedient to sell And whereas by an order of the Supreme Court of the said Colony dated the tv/enty-second day of September in the year one thousand eight hundred and fifty-five it was ordered that the said John Bell Metcalfe and William Teale be appointed trustees of the said indenture of settlement of the third day of January one thousand eight hundred and forty-eight in the place and stead of the said Michael Metcalfe and Charles Lowe and that the real and personal property comprised in the said indenture of settlement mentioned be and the same is thereby vested in the said John Bell Metcalfe and William Teale their heirs executors administrators and assigns as joint tenants according to the nature of the property upon the trusts and for the intents and purposes of the said indenture of settlement Be it therefore enacted by His Excellency the Grovernor-G-eneral of New South Wales by and with the advice and consent of the Legislative Council thereof as follows — 1. It shall be lawful for the said John Bell Metcalfe and William Trustees to sell Teale or the trustees or trustee for the time being of the said indenture ^^^ *° convey. of settlement by and with the consent in writing of the said Harriot Betts the younger to sell and dispose of the said four acres of land messuage and hereditaments by public auction or private contract and either in one lot or in several lots as they shall think most expedient for such prices as they or he shall consider advantageous to the trust to accept for the same and when sold to convey the same or any part or parts thereof to the purchaser or purchasers their his or her heirs and assigns freed and discharged from the trusts created and declared hy the said deed of settlement and the receipt of the trustees or trustee for the time being of the said settlement shall be a sufficient discharge to the purchaser or purchasers of the said land or any part or parts thereof for the purchase money payable by him or them respectively and shall wholly exonerate him or them from seeing to the application thereof and from all liability as to the misapplication or non-application thereof. 2. The moneys to arise from the sale of the said four acres of land Moneys to arise messuage and hereditaments or any part or parts thereof shall with all [n™gtei][f *° ^^ convenient speed be laid out and invested in the purchase of other lands in or near Sydney aforesaid for an estate in fee simple or in bank shares or on "Grovernment or real securities or on mortgage of freehold estates yet so as that during the life of the said Hkrrrst, Betts every such purchase or investment be made with her cou/sent in Writing And the said John Bell Metcalfe and William Teale and the survivor of them or other the trustees or trustee for the time being of the said settlement shall forthwith settle and assure or cause to be settled and assured the same hereditament so to be purchased to such and the same uses and upon such and the same trusts and for such and the same intents and purposes as are by the said settlement expressed and declared of and concerning the said four acres of land messuage and hereditaments or as near thereto as the deaths of parties and other contingencies may admit of with power nevertheless for the said trus- 200 BIBLE SOCIETY. 19 VicTOEiA. tees or trustee for tlie time being with the consent of the said Harriot Betts during her life to postpone the purchase or purchases herein- before directed And in the meantime and until the money arising by the sale or sales by this Act authorized shall be invested in the purchase of such other lands as aforesaid the said John Bell Metcalfe and Wil- liam Teale and the survivor of them or the trustees or trustee for the time being of the said settlement with such consent as aforesaid shall place out such money at interest in bank shares or on Grovernment or real securities and also from time to time with such consent as afore- said shall or may alter vary and transpose such securities for other securities of the same or a like nature And the dividends interest annual profits and proceeds which shall from time to time arise in respect of such securities shall go and be payable and paid to such person and persons and be applied to and for such uses intents and purposes and in such manner as the rents and profits of the said four acres of land messuages and hereditaments are or may be payable or applicable under and by virtue of the said indenture of settlement. SCHEDULE. All that piece or parcel of land containing by admeasurement four acres more or less situate lying and being in the parish of Petersham in the Colony of New South Wales bounded on the west by the late John Betts' property bearing west forty- three degrees thirty minutes south thirteen chains seventy-five links on the south by Blackwattle Swamp Cove on the east by a line bearing east forty-three degrees thirty minutes north fourteen chains seventy-five links to the main road and on the north by that road bearing south forty-two degrees forty-five minutes east two hundred and eighty-one links to the commencing point. BIBLE SOCIETY. 41 Victoria. An Act to enable the Trustees of a certain parcel of Land situate in York-street in the City of Sydney in the Colony of New South Wales granted for a Hall or Building to be used by the New South Wales Auxiliary Bible Society to sell and dispose of the said Land and to provide for the appropria- tion of the proceeds thereof. [17 April, 1878.] WHEEEAS a deed-poll or grant from the Crown bearing date the twenty-ninth day of April anno domini one thousand eight hundred and seventy-six under the hand of His Excellency Sir Hercules G-eorge Eobert Eobinson the Grovernor for the time being of the Colony of New South Wales and under the seal of the said Colony as set forth in the Schedule hereto Her Most G-racious Majesty did grant unto G-eorge Wigram Allen Ewan Wallace Cameron and G-eorge Poster Wise and their heirs all that piece or parcel of land and hereditaments specified or described in the said grant with all the rights and appur- tenances thereto belonging to hold unto the said G-eorge Wigram Allen Ewan Wallace Cameron and G-eorge Poster Wise and their heirs for ever yielding and paying therefor yearly and every year the quit-rent of one peppercorn on demand subject to the conditions reservations Preamble. BIBLE SOCIETY. 201 and provisoes thereafter mentioned and upon and for the trusts intents 41 Victoeia, and purposes thereinafter declared of and concerning the same that is to say upon trust to use the said land as a site for a hall or building to be used by the society or association called or known as the New South "Wales Auxiliary Bible Society and for no other use or purpose ■whatsoever And whereas the said Ewan Wallace Cameron departed this life on or about the twenty-fifth day of May anno domini one thousand eight hundred and seventy-six And whereas it has been deemed expedient by the committee of the said society or association that the said trustees and the survivor of them or other the trustees or trustee for the time being of the said land or a majority of them should have power to sell and dispose of the said land and hereditaments and to apply the proceeds arising from such sale in or towards the purchase of another parcel of land in Sydney aforesaid in a more suitable posi- tion and in the erection thereon of a hall or building And whereas the said land cannot be sold without the authority of an Act of Parlia- ment 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 foUows : — 1. It shall be lawful for the said G-eorge Wigram Allen and Greorge Trustee Poster Wise or the survivor of them or other the trustee or trustees authorized to for the time being or for a majority of them to sell and dispose of the land comprised in the hereinbefore recited grant either by public auction or private contract either in one lot or in several lots as the said Greorge Wigram Allen and Greorge Poster Wise or the survivor of them or other the trustee or trustees for the time being or a majority of them may think most expedient for such price or prices as may be reasonably had or obtained for the same and upon such terms and conditions of sale as the said G-eorge Wigram Allen and G-eorge Poster Wise or the survivor of them or the trustee or trustees for the time being or a majority of them may deem expedient with power to buy in the said land or any part or parts thereof at any auction sale or to rescind or vary the terms of any contract for sale without being responsible for any loss to be occasioned thereby and when sold to convey and assure the said land or any part or parts thereof in fee simple to the purchaser or purchasers thereof respectively his her or their heirs and assigns freed and discharged from all or any of the aforesaid trusts affecting the same. 2. The receipt of the said G-eorge Wigram Allen and G-eorge Poster Trustees' receipt Wise or the survivor of them or other the trustees or trustee for the *° ^^ sufficient, time being of the said land or of a majority of them for the money to arise from such sale or sales of the said piece or parcel of land or any part or parts thereof shall be an effectual and absolute discharge to the purchaser or purchasers thereof and shall wholly exonerate him her or them from seeing to the application thereof and from all liability as to the misapplication or non-application thereof. 3. It shall and may be lawful for the said Greorge Wigram Allen and P^w«r ^ sell on George Poster Wise or the survivor of them or the trustee or trustees for the time being or a majority of them to allow any purchaser or purchasers of the said parcel of land and hereditaments or any part or parts thereof credit for any part of his her or their purchase money upon such terms as to interest or otherwise as the said Greorge Wigram Allen and G-eorge Poster Wise or the survivor of them or the trustees 202 BIBLE SOCIETY. Tniste of proceeds; 41 VicTOEiA. or trustee for the time being or a majority of them may deem reason- able and proper Provided that such parcel of land or part or parts thereof shaU remain unconveyed or shall be rendered a security by charge mortgage or otherwise''for so much of the purchase money as shall remain unpaid together with interest thereon until payment thereof the lien of the said Greorge Wigram Allen and George Poster Wise and the survivor of them or the trustees or trustee for the time being as vendor continuing notwithstanding any arrangement as_ to other seciu'ity for the purchase money or any part thereof remaining unpaid. 4. The said G-eorge "Wigram Allen and George Poster "Wise and the survivor of them or other the trustees or trustee for the time being shall stand possessed of all moneys arising from such sale or sales upon trust (after paying thereout all the costs and expenses of and incidental to obtaining this Act and the expenses incurred in and about such sale or sales) in the first place to apply the same in or toward the purchase of land and premises in the said city of Sydney in such a position for such price and upon such terms as the committee for the time being of the said society or a majority of the members of such committee present at a meeting thereof convened by the secretary or secretaries of the said society upon not less than one week's notice by advertisement in one or more of the newspapers published in Sydney aforesaid shall determine and in the next place to apply the remainder of such moneys (if any) in or towards the erection upon the said land so purchased as aforesaid of a hall or building or the improvement of any building then being thereon. 5. The land and premises which shall be so purchased shall be con- veyed and assured to and remain vested in the said George Wigram Allen and George Poster Wise or the trustees or trustee for the time being as aforesaid upon the same trusts and subject to the same powers and provisions as are expressed in the hereinbefore recited deed of grant in respect of the land therein described except so far as the said trusts powers and provisions are altered or enlarged by this Act. 6. This Act may be styled and may be cited as the " Bible Society's Act of 1878." Trust of land to be purchased. Short title. SCHEDULE HEEEINBEPOEE EEPEEEED TO. NEW SOUTH WALES. No. 76/99. Land Grant Register Book vol. 259 folio 2. Grant of land as the site for a Bible Hall under sec. 5 of the Crown Lands Alienation Act of 18C1. ViOTOKiA by the Grace of God of the United Kingdom of Gi-eat Britain and Ireland Queen Defender of the Faith and so forth. To all to whom these presents shall come greeting ; — WHEREAS a certain society or association called or known as the New South Wales Auxiliary Bible Society hath been for some time back established in our said Colony And whereas His Excellency Sir Hercules George Robert Robinson Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George Governor and Commander-in-Chief of the Colony of New South Wales and its Dependencies and Vice-Admiral of the same with the advice of our Executive Council of our said Colony hath determined that it is desirable for the public interest that the land hereinafter described shall be dedicated as the site for a hall for the said society or association and shall be granted unto George Wigram Allen of Sydney in the said Colony Esquire Ewan Wallace Cameron of Balmain in the said Colony Esquire and George Foster Wise of Sydney aforesaid Esquire and their BIBLE SOCIETY. 203 heirs upon the trusts with the powers and subject to the conditions hereinafter 41 Victoria. mentioned Now know ye that we of our special grace with the advice of our Executive Council of our said Colony and in consideration of the quit-rent herein- after reserved have granted and for us our heirs and successors do hereby grant unto the said George Wigrara Allen Ewan Wallace Cameron and George Foster Wise and their heirs all that piece or parcel of land in our said Colony containing by admeasurement eight perches be the same more or less situated in the county of Cumberland parish of St. Phillip city of Sydney at Barrack Square allotment five of section two Commencing on the western building-line of York-street at the north-eastern corner of allotment four and bounded thence on the east by that Scale — One chain or sixty-six feet to an inch. building-line bearing northerly twenty-eight feet on the nortli by the southern boundary-line of allotment six westerly at right angles to York-street eighty feet to a lane twenty feet wide on the west by that lane southerly parallel witli York- street twenty-eight feet and on the south by the northern boundary -line of allot- ment four as aforesaid easterly at right angles to York-street eighty feet to the point of commencement as per plan in the margin hereof with all rights and appur- tenances thereto belonging to hold unto the said GeorgeWigrani Allen Ewan Wallace Cameron and George Foster Wise and their heirs for ever yielding and paying therefor to us our heirs and successors yearly and every year the quit-rent of one pep- percorn on demand subject to the conditions reservations and provisoes hereinafter mentioned and upon and for the trusts intents and purposes hereinafter declared of and concerning the said land that is to say — upon trust to use the said land as the site for a hall or building to be used by the said society or association called or known as the New South Wales Auxiliary Bible Society and for no other use or purpose whatsoever Provided always and it is hereby declared that it shall or may be lawful for the committee for the time being of the said society or any four of the said com- mittee with the president treasurer and secretaries or secretary for the time being to make all any or every such rules and regulations for the use of the said land or any part thereof or for the management of any building or buildings that may be erected thereon and to vary or alter the same from time to time as such committee 204i BISHOPEIC OP aOIJLBUEN LANDS INVESTMENT. 41 Victoria, may think fit for any of the purposes of the said society or association Provided always and these presents are upon the express condition that if the said land here- inbefore described or any part thereof shall be used for any other purpose than is hereinbefore provided or declared in and by the said trusts the said trusts shall cease and the said land shall be forfeited and revert unto us our heirs and successors and these presents and every matter and thing herein contained shall cease and determine become absolutely void to all intents and purposes And it shall be lawful for us our heirs and successors by our Governor for the time being of our said Colony or some person by him authorized in that behalf to re-enter upon the said land or any part thereof and the said grantees and their successors therefrom wholly to remove Provided always that in case of any vacancy in the office of trustee by death resignation or any other cause whatsoever it shall be lawful for four or more of the members for the time being of the said committee and the president treasurer and secretary or secretaries for the time being as aforesaid to appoint some other person or persons to the said office and immediately after such appointment the said lands and premises shall be conveyed to and vested in such new trustees or trustee either alone or jointly with the remaining or continuing trustees or trustee as the case shall require and such new trustee or trustees shall have the same power and authority as if he or they had been originally named trustee or trustees in these presents. In testimony whereof we have caused this our grant to be sealed with the seal of our said Colony. Witness our trusty and well-beloved Sir Hercules George Robert Robinson Knight Grand Cross of our Most Distinguished Order of Saint Michael and Saint George Governor and Commander-in-Chief of our Colony of New South Wales and its dependencies and Vice-Admiral of the same at Government House Sydney in New South Wales aforesaid this twenty- ninth day of April in the thirty -ninth year of our reign and in the year of our Lord one thousand eight hundred and seventy-six. HERCULES ROBINSON. BISHOPEIC OE GOULBURN LANDS INVESTMENT. Preamble. sovioTOEiA. ji^Yi Act to transfer to the Bisliop of Goiilbiirn certain Lands situate within tlie Diocese of Goulburn and to extend the Acts in wlaich the Bisliop of Australia is mentioned to the Bishop of Goulburn. [6 Decem- ber, 1866.] WHEREAS Her Majesty Queen Victoria did by letters patent under the Great Seal of the United Kingdom of Grreat Britain and Ireland bearing date the twenty-fifth day of June in the year of our Lord one thousand eight hundred and forty-seven and in the eleventh year of Her Majesty's reign erect found ordain make and constitute all those parts or portions of the Colony of New South Wales laiown or called by the names of the counties of Wellington Hoxburgh Cook Cumberland Camden Westmoreland Bathurst King IMurray Argyle Auckland with the territory to the west bounded by the parallel of south latitude thirty-two degrees thirty minutes and the one hundred and forty-first degree of east longitude together with all those parts of the continent of Australia not comprised within the limits of any other see or diocese to be a Bishop's see and diocese and to be called from thenceforth the Bishopric of Sydney saving nevertheless to Her Majesty her heirs and successors the power of altering from time to BISHOPEIC OP G-OULBUEN LANDS INVESTMENT. 205 time witli the consent of the Archbishop of Canterbury for the time 30 Victoria. being if the said see be vacant or otherwise of the said Archbishop and the Bishop of the said see for the time being the limits of the said diocese or of the jurisdiction of the Bishop thereof And whereas by certain other letters patent under the G-reat Seal of the United Kingdom of G-reat Britain and Ireland bearing date at "Westminster the nineteenth day of October one thousand eight hundred and fifty- four in the eighteenth year of Her Majesty's Eeign Her Majesty did constitute and appoint the Eight Eeyerend Prederic Barker Doctor in Divinity to the said see and diocese of Sydney And whereas the said Prederic Barker being first duly consecrated became and was Lord Bishop of the said see And whereas by reason of the great extent and of the increased population of the said see or diocese it was deemed expedient by Her said Majesty to alter the limits thereof and the jurisdiction of the Bishop thereof by separating therefrom all those parts or portions of the Colony of New South "Wales which are bounded as follows that is to say — to the north by the thirty -fourth parallel of south latitude to the west by the one hundred and forty-first meridian of east longitude being the boundary of the Colony of South Australia to the south and south-west from the last-mentioned meridian to Cape Howe by the boundary of the Colony of Victoria and to the east and north-east as follows that is to say — first from Cape Howe to Point Upright by the sea then from Point Upright northwards by a line which divides the Eegistry Districts of UlladuUa and Shoalhaven in the county of Saint Vincent from those of Broulee and Braid- wood in the same country until the said line falls on the boundary of the Eegistry District of Goulburn in the county of Argyle then by a line which divides the counties of Argyle and Georgiana from those of Saint Vincent Camden and "Westmoreland until the said line reaches the aforesaid thirty-fourth parallel of south latitude and whereas the said Lord Archbishop of Canterbury and the said Lord Bishop of Sydney by instruments under their respective hands and seals dated respectively the fourth day of March one thousand eight hundred and sixty-three and the twenty-eighth of Pebruary one thousand eight hundred and sixty-three duly signified their consent to such alteration of the limits of the said diocese of Sydney and of the jurisdiction of the said Bishop thereof and whereas Her Majesty did by certain other letters patent under the Great Seal of the United Kingdom of Great Britain and Ireland bearing date the fourteenth day of March one thousand eight hundred and sixty -three separate from the said see and diocese of Sydney all those parts of the said Colony which are contained within the boundaries lastly hereinbefore described and did erect found ordain and constitute the same to be a Bishop's see and diocese and to be called thenceforth the Bishopric of Goulburn and whereas Her Majesty did by the said last-mentioned letters patent name and appoint Mesac Thomas Doctor of Divinity to be ordained and consecrated Bishop of the said see of Goulburn and did will and grant by the said letters patent that the said Bishop of Goulburn should be a body corporate and did make ordain and constitute him to be a perpetual corporation and to have perpetual succession and that he and his successors should be for ever thereafter called or known by the name or title of the Lord Bishop of Goulburn and whereas certain lands which are situate within the limits of the Bishojjric of Goulburn were devised granted conveyed or otherwise assured unto and are now Tested in the said Bishop of Sydney either solely or jointly with other 206 BISHOP'S LEASES. Lands situate within the diocese of Goulburn formerly vested in the Bishop of Sydney to be vested in the Bishop of Goulburn. 30 VicTOBiA. persons for religious and educational and other purposes and it is expedient that all such lands should be vested in the Bishop of the diocese in which the same are situated upon and for the like trusts and purposes as the same are now held by the Bishop of Sydney 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. All lands tenements and hereditaments situate within the limits of the Bishopric of G-oulburn as described in Her Majesty's letters patent under the Grreat Seal of the United Kingdom of Grreat Britain and Ireland bearing date the fourteenth day of March one thousand eight hundred and sixty-three which at the time of the passing of this Act are vested in the Bishop of Sydney shall be and be deemed and taken to have been from that date vested in the Bishop of Goulburn and his successors by whatever name he shall be called or known either solely or jointly with the other persons associated with the Bishop of Sydney as the case may be and shall be held by such Bishop and his successors either solely or jointly with such other persons upon and for the like trusts and purposes as the same are now held by the said Bishop of Sydney. 2. And whereas doubts may arise respecting the powers rights and privileges of the said Bishop of G-oulburn and his successors under the Acts of Council or Statutes in force in this Colony in which the Bishop of Australia is particularly mentioned Be it therefore enacted that in all Acts or Statutes now in force in this Colony the Bishop of Aus- tralia shall in all matters connected with the diocese of Goulburn be taken to mean the Bishop of Goulburn who shall have the same powers rights and privileges within his diocese as if such Bishop were expressly mentioned in such Acts. Acts to extend to the Bishop of Goulburn. BISHOP'S LEASES. 19 Victoria. An Act to enable the Bishop of Sydney and his Suc- cessors to make Leases of certain Land granted by Her Majesty for the maintenance of the Bishop of Australia and his Successors. [21 November, 1855.] Preamble. ^TTTHEEEAS by a deed of grant bearing date the ninth day of July VV in the year of our Lord one thousand eight hundred and forty- six and made under the great seal of the Colony Her Majesty in order to provide for the maintenance of the Bishop of Australia and his suc- cessors was pleased to grant unto the then Bishop of Australia and his successors a certain parcel of land containing by admeasurement forty acres more or less situated in the county of Cumberland and the parish of Petersham commencing at the Glebe Eoad at a point three chains fifty -five links south-easterly from the eastern corner of George , BISHOP'S LEASES. 207 John Eogers' property and bounded on the north-west hy a line hearing 19 Viotobia. south forty-seven degrees forty-five minutes west fourteen chains ninety links to land originally granted to Catherine King on the south- west hy the land originally granted to Catherine King being a line bearing south forty-seven degrees fifteen minutes east to the old Parra- matta Boad on the south-east by the old and present Parramatta Eoads on the east by a curved line extending from the Parramatta Eoad to the Grlebe Eoad the said curved line being the segment of a circle having a radius of one hundred and six links from a central point which point bears south sixty-two degrees thirty-five minutes west two chains thirty -four links from the western corner of a building erected by James Pemel and south thirty-eight degrees forty-five minutes east five chains forty-five links from the southern corner of a building at the junction of Erancis-street with the G-lebe Eoad and on the north-east by the G-lebe Eoad to the commencing point (advertised as number ninety -three in the Grovernment notice dated first June one thousand eight hundred and forty-six) with all the rights and appurtenances whatsoever thereto belonging to hold the same unto the said Bishop of Australia and his successors Bishops of Australia for ever for the maintenance of the Bishop of Australia and his successors Bishops of Australia And whereas it is expedient that the said parcel of land should be now vested in the Bishop of Sydney and his successors for the purposes and subject to the reser- vations and conditions in the said grant contained And whereas in order to carry out the object of the said grant it is expedient that the said Bishop and his successors should be empowered to grant leases of the said land Be it therefore enacted by His Excellency the Grovemor of ISTew South Wales by and with the advice and consent of the Legis- lative Council thereof as foUows — 1. The said parcel of land in the said grant mentioned shall be and The Bishop of is hereby vested in the Bishop of Sydney and his successors for the sucoessore '^ purpose and subject to the reservations therein contained and it shall empowered to be lawful for the Bishop of Sydney and his successors the Bishops of Sydney for the time being from time to time after the passing of this Act by any deed to lease all or any part of the said land for building or other purposes for any term or number of years not exceeding ninety-nine years to take effect in possession and not in reversion or by way of future interest and subject to the reservations in the said grant and to the restrictions hereinafter mentioned. 2. In every lease granted under the authority of this Act shall be Leases to be reserved the best rent that can be obtained for the same such rent to be pubnrcompeti- ascertained by submitting the proposed lease to public competition by t'o"- auction at such time and in such manner and subject to such condi- tions as to the Bishop of Sydney for the time being may seem expedient and subject also to the powers restrictions and conditions in this Act mentioned Provided that it shall be lawful for the said Bishop in the conditions of sale prior to such auction to fix an upset rent below which such lease shall not be disposed of And provided also that after any such lease has been submitted to public competition as aforesaid without success it shall be lawful for the said Bishop to grant a lease thereof without again submitting the same to public competition but subject in other respects to the powers restrictions and conditions in this Act mentioned and at a rent not less than the upset rent so fixed as aforesaid. 208 BISHOP'S LEASES. 19 Victoria. Power to reserve increased rent. Power to appro- priate any portion of the land to public purposes or for the Improve- ments of the estate. Power to confirm leases and to accept sur- renders thereof. 3. In any lease to be granted under the authority of this Act it shall be lawful for the Bishop of Sydney for the time being granting any such lease as aforesaid if he shall think fit to reserve a small rent during the first ten years or any less portion of the term thereby created and to reserve an increased rent or increased rents to become payable after the expiration of such first ten years or less portion of the term created by such lease. 4. It shall be lawful for the Bishop of Sydney for the time being to appropriate any part of the said land not being at the time of such appropriation under lease for the site of any church parsonage house or school or for any purpose connected with religious worship or edu- cation or as and for a way or ways yard or yards garden or gardens to any house or building erected or to be erected on the said land or on any of the adjoining lands and also for any ways streets sq^uares avenues passages sewers or otherwise for the general improvement of the estate and the accommodation of the lessees tenants and occupiers thereof in such manner as shall to such Bishop seem desirable and also by such lease to give such privileges and other easements as such Bishop shall deem reasonable or convenient. 5. It shall be lawful for the Bishop of Sydney for the time being to confirm any lease purporting to have been granted under the autho- rity of this Act in any case in which for some technical error inform- ality or irregularity in exercising the powers of this Act such lease shall be voidable or questionable or to accept an actual or virtual surrender of any lease which shall have been made and executed or which shall purport to have been made and executed by virtue of this Act and in any case where at the time when such surrender shall be accepted one-fourth part or more than one-fourth part of the term originally granted shall remain unexpired to make a new lease or several apportioned leases of the lands houses and buildings comprised in such surrendered lease without exposing the same to public compe- tition for any time not exceeding the then residue of the term granted or intended to be granted by such surrendered lease and at a rent or apportioned rents equal in amount to or exceeding the former rent or rents. 6. Any lease or confirmation granted or made or surrender accepted to be void it any Under this Act in consideration in whole or in part of any fine premium " ' or f oregift or anything in the nature thereof directly or indirectly paid or given shall be absolutely void to all intents and purposes whatsoever both in law and in equity. 7. It shall not be lawful for any Bishop of Sydney directly or in- directly by any contract deed judgment warrant of attorney or other- wise to charge or encumber or to borrow or raise any money by mort- gage or otherwise upon the security of the said land or any part thereof or of any rent reserved by any lease made under the authority of this Act. _ 8. No Bishop of Sydney nor the private estate nor any representa- tive of such Bishop shall be liable to his successors for or on account of any waste or dilapidations which shall occur in or about any of the premises demised under the authority of this Act or in or about any house or building thereon. Lease confirma- tion or surrender fines premiums or foregift be paid. Morts:ages or other incum- brances prohibited. As to dilapida- tions. 209 BISHOPTHOEPE ESTATE CHAUQE. An Act to charge the Eishopthorpe Estate with the pay- 37 Victoria, ment of certain snms of money to the present Bishop of Sydney and his representatives. [18 May, 1874.] WHEREAS by a grant dated the ninth day of July one thousand Preamble, eight hundred and forty-six under the hand of Sir Greorge G-ipps the then Grovernor-in- Chief of the Colony of New South Wales and Tinder the seal of the said Colony All that piece or parcel of land con- taining by admeasurement forty acres he the same more or less situate in the county of Cumberland within the said Colony parish of Peter- sham commencing at the Glebe Eoad at a point three chains fifty-five links south-easterly from the eastern corner of Greorge John Sogers' property and bounded on the north-west by a line bearing south forty- seven degrees forty-five minutes west fourteen chains ninety links to land originally granted to Catherine King on the south-west by the land originally granted to Catherine King being a line bearing south forty- seven degrees fifteen minutes east to the Old Parramatta Road on the south-east by the old and present Parramatta Roads on the east by a curved line extending from the Parramatta Road to the Grlebe Road the said curved line being the segment of a circle having a radius of one hundred and six links from a central point which point bears south sixty -two degrees thirty -five minutes west two chains thirty-four links from the western comer of a building erected by James Pemell and south thirty-eight degrees forty -five minutes east five chains forty links from the southern comer of a building at the junction of Prancis-street with the Grlebe Road and on the north-east by the Grlebe Road to the commencing point (advertised as number ninety-three in the Grovern- ment notice dated first June one thousand eight hundred and forty-six) with all the rights and appurtenances whatever thereto belonging was granted unto the Bishop of Australia and his successors Bishops of Australia subject to the conditions reservations and provisoes in the said grant contained to hold the same unto the said Bishop of Australia and his successors Bishops of Australia for ever for the maintenance of the Bishop of Australia and his successors Bishops of Australia and for no other purpose whatsoever And whereas by an Act of the Legislative Council of the said Colony made and passed in the nineteenth year of the reign of Her Majesty Queen Victoria entitled An Act to enable the Bishop of Sydney and. his successors to make leases of certain land granted by Her Majesty for the maintenance of the Bishop of Australia and his successors the said piece or parcel of land was vested in the Bishop of Sydney and his successors for the purpose and subject to the reservations in the said recited grant contained And whereas by an Act of the said Legislative Council made and passed in the twenty-second year of the reign of Her Majesty Queen Victoria entitled An Act to remove doubts respecting the vesting of certain lands situated within the Dioceses of Sydney and Newcastle respec- tively which were formerly vested in the Bishop of Australia it was among other things enacted that all lands tenements and hereditaments situate within the limits of the Bishopric of Sydney which on the twenty-fifth day of June in the year one thousand eight hundred and 210 BISHOPTHOEPE ESTATE CHAE&E. 37 VicioBiA. forty-seven were vested in. the Bishop of Australia should be and be deemed and taken to have been from that date vested in the Bishop of Sydney and his successors by whatever name he should be called or known either solely or jointly with the other persons associated with the said Bishop of Australia as the case might be and should be held by such Bishop and his successors either solely or jointly with such other persons upon and for the like trusts and purposes as the same were held by the said Bishop of Australia And whereas the said lands comprised in the said grant of the ninth day of July one thousand eight hundred and forty-six are within the limits of the Bishopric of Sydney and are known as the Bishopthorpe Estate And whereas Her Majesty Queen Victoria did by Letters Patent under the Q-reat Seal of the United Kingdom of Great Britain and Ireland bearing date the nineteenth day of October one thousand eight hundred and fifty-four in the eighteenth year of the reign of Her said Majesty nominate Erederic Barker Doctor in Divinity to be Bishop of the Diocese of Sydney And whereas an Episcopal residence for the Bishop of Sydney and his successors has been erected at Bishopscourt near Sydney in the said Colony at a cost of seven thousand two hundred pounds or thereabouts And whereas for the purpose of such residence a sum of one thousand seven hundred pounds was granted by the Legislature of the said Colony and a sum of one thousand five hundred pounds was subscribed by the friends of the late Bishop of Sydney and a sum of two thousand pounds was given by the present Bishop of Sydney And whereas a further sum of two thousand pounds was found to be necessary to complete the said residence And whereas the said Bishop thereupon borrowed the sum of two thousand pounds upon his per- sonal security and expended the same in completing the said episcopal residence and has ever since paid interest thereon at the rate of seven pounds per centum, per annum And whereas frequent communications have taken place between the said Bishop and the G-overnment in refer- ence to the said debt of two thousand pounds and interest thereon so incurred as aforesaid And whereas by a minute dated the second day of December one thousand eight hundred and seventy Sir Charles Cowper the then Colonial Secretary stated that the proper course for securing the said Bishop and giving full effect to the arrangement mentioned in the said letter of the Bishop of the eighteenth day of March one thousand eight hundred and fifty-seven and sanctioned by the said letter of the Under Secretary of the third day of April one thousand eight hundred and fifty-seven would be to apply to Parliament for a Bill to charge the Bishopthorpe revenue in the hands of the successor of the present Bishop with the jDayment of five hundred pounds a year for five years from the time such successor becomes entitled to a stipend from the Bishopthorpe rents And whereas at the second Synod of the diocese of Sydney duly convened and held under the provisions of the Act made and passed in the thirtieth year of the reign of Her Majesty Queen Victoria entitled An Act to enable the Members of the United Church of England and Ireland in New South Wales to manage the property of the said Church the standing committee of the said Synod considered and reported upon the said Bishop's claim to be relieved from liability for the said sum of two thousand pounds and as to the best mode of dealing with the said claim having regard to the circumstances of the case and the interests of the church in the diocese And whereas at the third session of the said Synod the following resolution was unanimously carried " That this Synod having taken BISHOPTHOEPE ESTATE CHARGE. 211 into consideration the report of the Standing Committee relating to 37 Yictoeia. the claim of the Bishop to be released from his liability to repay a sum of two thousand pounds borrowed for the completion of the episcopal residence at Bishopscourt desires to record its opinion that the Bishop having expended two thousand pounds of his own money in the erection of the said residence and for fourteen years paid the interest on the further sum of two thousand pounds borrowed for its completion it is just and equitable that the repayment of the money so borrowed together with five hundred pounds for interest should be secured to the Bishop or his personal representatives by a charge upon the rental of the Bishopthorpe Estate of five hundred pounds per annum for five years from the resignation or death of the Bishop to be paid by his successors And it directs the Standing Committee to take such steps as may be thought necessary by ajjplication to Parliament and otherwise to give legal validity to such charge that such repayment may be eventually secured" And whereas the rental of the said lands and " premises is now about two thousand pounds per annum And whereas it is just and expedient that the said debt of two thousand pounds together with five hundred pounds in respect of interest thereon should be secured to the present Bishop of Sydney or his personal representa- tives by a charge upon the rental of the said lands of five hundred pounds per annum for five years from the resignation or death of the present Bishop to be paid by his successors Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and con- sent of the Legislative Council and Legislative Assembly of New South "Wales in Parliament assembled and by the authority of the same as follows : — 1. When and so soon as the Eight Eeverend Erederic Barker shall Bishopthorpe resign the Bishopric of the See of Sydney or shall die the lands and ^fth'th* pay-'* hereditaments comprised in the said recited grant of the ninth day of ment to the July one thousand eight hundred and forty-six and all messuages and of fj™noy'S °flve buildings erected thereon shall subject to existing leases stand and be hundred pounds charged with the payment to the Eight Eeverend Erederic Barker if yJars^ living or to his legal personal representatives if dead of the clear yearly sum or rent-charge of five hundred pounds during each year for a period of five years the first payment thereof to be made twelve calendar months after the day of such resignation or death And the successor or successors of the present Bishop of Sydney shall stand seized of the said lands and premises subject to the charge and powers hereby created and declared. 2. If any part of the said rent-charge shall at any time be unpaid Power to distrain for twenty-one days after any of the times hereby appointed for the *°' payment thereof then and so often (although there shall not have been any legal demand made thereof) the Eight Eeverend Erederic Barker if living or his legal personal representatives if dead may enter into and upon and hold the said lands and premises subject to all then exist- ing leases and take the rents and profits thereof until he or they shall thereby or otherwise be paid and satisfied the said rent charge and the arrears thereof due at the time of such entry or afterwards to become due during his or their being in possession of the same lands and pre- mises together with all costs and expenses occasioned by the non- payment thereof and such possession when taken shall be without impeachment of waste And every receipt of the Eight Eeverend Erederic Barker or his legal personal representatives shall be as 212 BOBAET'S TEUSTEES. 37 Victoria effectual a discliarge for all rent thereby acknowledged to have been received as if such rent had been paid under the reservation or covenant in that behalf contained in the lease of the tenant so paying rent And the Eight Eeverend Erederic Barker if living or his legal personal repre- sentatives if dead shall during the time of his or their being in pos- session of the same lands and premises have the same powers of distress and sale for the recovery of rent in arrear as the immediate landlord would otherwise have had. BOBAET'S TRUSTEES. Preamble. Grant of 11th June 1842. lovicTOKiA. An Act to enable the Reverend Henry Hodgkinson Bobart of Parramatta in tbe couDty of Cumberland clerk and Elizabeth Mary his wife (late Elizabeth Mary Marsden spinster) and the survivor of them and their trustees to grant leases of land situate on the Molong Ptiver in the county of Wellington. [30 October, 1846.] WHEEEAS by certain letters patent or grant under the hand of Sir Greorge G-ipps Knight Captain G-eneral and Grovernor-in- Cliief of the territory of New South "Wales and its dej)endencies and sealed with the seal of the Colony bearing date the eleventh day of June in the year of our Lord one thousand eight hundred and forty- two all that piece or parcel of land in the territory aforesaid containing by admeasurement one thousand two hundred and eighty acres be the same more or less situate in the county of "Wellington parish unnamed at Molong bounded on the north by Martha Marsden's grant east one hundred and forty -five chains from the Molong rivulet and a continued east line thirty-three chains fifty links on the east by a line south eighty chains on the south by a line west one hundred and fifty-five chains to Molong rivulet and on the west by that rivulet being the land promised to the said Elizabeth Mary Bobart formerly Elizabeth Mary Marsden spinster and of which she was authorized to take possession on the thirtieth day of August one thousand eight hundred and thirty- one as a clergyman's daughter's portion to be called Hermon with all the rights and appurtenances thereto belonging was granted unto Erancis "Watkins of Church-street Parramatta in the said Colony and Patrick Hill also of Parramatta and their heirs to the use of the said Henry Hodgkinson Bobart for his life without impeachment of waste and failing that use in his lifetime to the use of the said Erancis "Watkins and Patrick Hill their executors and administrators during the life of and in trust for the said Henry Hodgkinson Bobart and to preserve contingent remainders and on his death to the use of Elizabeth Mary the wife of the said Henry Hodgkinson Bobart for her life without impeachment of waste and after the decease of the survivor of them the said Henry Hodgkinson Bobart and Elizabeth Mary his wife in case there should be but one child of the said marriage to the use of such only child his or her heirs and assigns for ever and in case there should be more than one child then to the use of all and every the BOBAET'S TETJSTEES. 213 children of tlie said marriage equally to be divided between them share and share alike as tenants in common and of the heirs of such children lawfully issuing and for default of such child of the said marriage or being such if all should die in the lifetime of the said Henry Hodgkin- son Bobart EHzabeth Mary his wife or of the survivor of them to and for such and uses intents and purposes and subject to such powers and conditions and in such manner and form as the said Elizabeth Mary Bobart notwithstanding her coverture by any deed or writing with or without power of revocation to be by her duly executed and attested by two or more credible witnesses should direct or appoint and for want of such appointment to the use of the said Elizabeth Mary Bobart her heirs and assigns for ever subject nevertheless to the payment of the annual quit-rent of ten pounds thirteen shillings and four pence sterling for ever from the first day of January one thousand eight hundred and thirty-nine And whereas considerable veins and lodes of copper and other ore are believed to exist within and under the said lands or some part thereof and it will be greatly for the beneiit and advantage of the said Henry Hodgkinson Bobart and Elizabeth Mary his wife and their children if the said lands were demised and let to any person or persons who may be willing to open and work mines for obtaining the said ores but inasmuch as the said Henry Hodgkinson Bobart and Elizabeth Mary his wife are not by law enabled to let the said lands for any term or number of years beyond tlieir own lives and the life of the survivor of them and it is expedient that the said Henry Hodgkinson Bobart and Elizabeth Mary his wife or the survivor of them should be em- powered to grant leases of the said lands for such mining purposes for a definite period or term of years Beit therefore enacted by His The ect. Henry Excellency the G-overnor of New South Wales with the advice and f "^f^ an™ consent of the Legislative Council thereof That from, and after the Elizabeth Mary passing of this Act it shall and may be lawful for the said Henry survivoi-and"'^ Hodgkinson Bobart and Elizabeth Mary his wife during their joint their trustees lives and for the survivor of them and also for the said Erancis "Watkins granUeases &c. and Patrick Hill (their trustees) or the survivor of them his executors or administrators in case any estate or interest in the said lands shall become vested in them for him under the limitation contained in the said grant by any deed or deeds writing or writings to demise or lease aU. or any part of the said lands and hereditaments comprised in the said letters patent or grant to any person or persons who may be willing to open and work any mine or mines for digging for and obtain- ing any copper or other ores that may be found in and under the said lands or any part thereof and to make and execute any grant or license or grants or licenses for the purposes aforesaid with all necessary powers and authorities for such lessee or lessees grantee or grantees to erect all proper and requisite buildings engines and machinery for carrying on and conducting the works of the said mines and for smelting and refining the said ores and minerals on the said lands for any term or number of years not exceeding in the whole the term of forty years from this Act taking effect to take effect in possession and not in rever- sion or remainder or by way of future interest and so that in every such demise lease or license there be reserved the best and most ap- proved yearly rent payment royalty or reservation during the existence of suchlease and license without taking any fine or premium for the same and so that the lessee or lessees execute a counterpart or counter- parts thereof and thereby covenant for the payment or render of the rent royalty and reservation to be thereby reserved. 214 BOEOTIGHS OP EANDWICK AND PADDINGTON. 10 Victoria. This Act not to affect the rights of Her Majesty or any corpora- tion &c. Act to take effect when it shall have received the Royal approbation. 2. Provided always and be it enacted That nothing in this Act con- tained shall be construed or taken to affect or apply to any right title privilege immunity or interest of Her Majesty's her heirs and suc- cessors or of any body or bodies politic or corporate or of any other or person or persons except such as are mentioned herein andclaiming or to claim under the said letters patent or grant and any limitation therein. 3. And be it enacted That this Act shall not commence or take effect until the same shall have received the Royal approbation and the noti- fication of such approbation shall have been made by the order of His Excellency the Grovernor for the time being of the said Colony in the New South "Wales Grovernment Gazette. Preamble. BOROUGHS OF EAND WICK AND PADDINGTON. 47 VicTOKiA. ^n ^\ct to transfer a portion of the Borough of Rand- wick to the Borough of Paddington. [16 May, 1884.] "TTTHBREAS the land described in the Schedule to this Act now VV forms part of the Borough of Eandwick And whereas the Boroughs of Eandwick and Paddington and the ratepayers within the area described in the said Schedule are desirous that the said area shall be severed from the Borough of Eandwick and added to and included within the boundaries of the Borough of Paddington And whereas it is for the interest of the said boroughs and also of the said ratepayers that such area should be so severed and added and that the powers rights and liabilities hereinafter set forth should be granted conferred and imposed 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. Erom and after the passing of this Act the area of land described in the Schedule to this Act shall be severed from the Borough of Eand- wick and be added to and form part of the Borough of Paddington and shall be included within the Upper "Ward of the said Borough of Paddington as fully and effectually as if the said area had originally formed part of the said ward. 2. All acts matters and things done by for or on behalf of the Borough of EandAvick before the passing of this Act in respect of the valuing assessing and rating of the ratable property within the said area for the municipal year one thousand eight hundred and eighty- four shall have the same force effect and operation as if the same had been done by for or on behalf of the Borough of Paddington in respect of lands within the boundaries of the Borough of Paddington and all rates and taxes which may before the passing of this Act have been imposed by the Borough of Eandwick or the Municipal Council thereof upon the ratable property within the said area for the said municipal year one thousand eight hundred and eight-four may be recovered and payment thereof enforced by or on behalf of and to the Borough of Land in Schedule to become part of Borough of Pad- dington. Certain acts done by Borough of Kandwick to enure for bene- fit of Borough of Paddington. BOEOUGHS OP EANDWICK AND PADDINGTON, 215 Paddington or the Municipal Council thereof in the same manner and 47 Victohia. as fully as iE such rates and taxes had been imposed by the Borough of Paddington or the Municipal Council thereof in respect of ratable property -vvithin the Borough of Paddington Provided that iE before the passing of this Act such rates and taxes or any portion thereof shall have been paid to the Municipal Council of the Borough of Band- wick the amounts so paid shall be forthwith paid to the Borough of Paddiugton and may be recovered as money had and received to the use of the Borough of Paddington. 3. It shall be lawful for the Municipal CouncO. for the time being of Borough of the Borough of Paddiugton to pay out of the moneys of such borough a^homedto the sum of five hundred pounds for the redemption of debentures to redeem deben- that amount being a portion of certain debentures representing the Borough'of ^ sum of two thousand five hundred pounds now outstanding issued by ^^^^T^f'J^or, the Borough of Eandwick and redeemable in the month of October in the year one thousand eight hundred and eighty-eight and in the mean- time and until such debentures to the value of five hundred pounds shall be redeemed to pay to the person or persons who for the time being shall be entitled to receive the same the interest payable in respect of such last-mentioned debentures from the first Tuesday in February in the year one thousand eight hundred and eight-four And in case of default shall be made in payment by the Borough of Paddington of the said sum of five hundred pounds or the said interest at the respective times at which the same shall become payable it shall be lawful for the Borough of Eandwick to recover and enforce payment thereof from time to time from the Borough of Paddington as money payable by the Borough of Paddington to the Borough of Eandwick by virtue of this Act. 4. Nothing herein contained shall affect any acts done or rights or Savin? of exist- liabilities accrued incurred or imposed by or against the Borough of {"^^Jif J^g^ ^""^ Eandwick or any person or persons in respect of any act matter or thing done or commenced to be done before the passing of this Act and all rates and taxes imposed or payable in respect of the ratable property within the area described in the Schedule to this Act for the municipal year one thousand eight hundred and eighty-three and previous years may be recovered and payment thereof enforced by or on behalf of the said Borough of Eandwick as fully and in the same manner as if this Act had not been passed. 5. This Act may be cited as the " Boroughs of Eandwick and Pad- Short title. dington Act of 1884." SCHEDULE. All that piece or parcel o£ land situate lying and being in the pariah of Alex- andria in the county of Cumberland Colony of New South Wales being portion of the Borough of Randwick to be ceded to the Borough of Paddington Commencing at a point at the south-west corner of Gordon's grant and bounded on the north by that grant bearing east to the south-east comer thereof being part of the present southern boundary of the Borough of Paddington thence north-easterly to the Old South Head Road opposite the centre of the Point Piper Road thence along the Old South Head Road south-easterly to that point of the south side of Old South Head Road where the boundary of the City of Sydney intersects that road being near the eastern boundary of St. Matthias's Church land thence by the said boundary of the City of Sydney along the north side of Park Road to the centre of Gordon- street thence along the centre of Gordon-street north-westerly to the centre of Leinster-street and along the centre of that street to Bent-street and thence northerly to the point of commencement. 216 BOWENPELS COAL-MINING AND COPPER- SMELTING COMPANY'S RAILWAY. 33 Victoria. An Act to enable certain persons carrying on business at Bowenf els and Sydney under the name and style ■ of " The Bowenf els Coal-mining and Copper-smelt- ing Company" to construct a Railway or Tramway from land in Lithgow Yalley belonging to them to and to connect the same with the Great Western Railway. [2 April, 1873.J Preamble. \\f HERE AS Certain persons trading in Sydney and Bowenf els under W the name and style of the Bowenfels Coal-mining and Copper- smelting Company have opened coal-mines and established collieries on a parcel of land situate at Lithgow Valley in the county of Cook in the Colony of New South Wales and known as the Hermitage Colliery and are ahout to erect buildings and works for the purpose of smelting copper ores and in order to facilitate communication between the said coal-mines collieries and works and the Great Western Railway the said Company are desirous of constructing a railway from their said, coal-mines to the said Grreat Western Railway but as part of such proposed railway is intended to be made upon and pass through lands in the said county the property of Andrew Brown of CooerwuU Esquire across Parmer's Creek and oyer and along reserved roads over which said lands and road the said railway cannot be made and continued without legislative authority And whereas the said coal-mines and smelting works of the said Company are likely to prove beneficial to the Colony and the public advantage is at present especially concerned in promoting such an increase in and facilities for the supply of coal for local consumption and exportation as would result from the com- pletion of the said railway it is therefore expedient to authorize by legislative enactment such constructions and continuations of the said railway subject to the provisions hereinafter contained upon payment of reasonable compensation to the said Andrew Brown through whose lands the same shall pass for such portion of the said land as may be required to be occupied thereby Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows : — Authority to 1. It gjiall be lawful for the said Company to make and construct a construct rail- ,-, , ^ / .. ., . way and connect railway or tramway or part tramway or part railway and to run loco- w"8teni*Ea*ir*' motive engines trucks vans and other carriages at a speed not exceeding way. the rate of eight miles per hour from the Great Western Railway to a point about one chain north of the south-east corner of the one hundred- acre mineral conditional purchase selected by Poole WooUey and Ander- son such railway to be in the line described in the Schedule hereunto annexed but so that the same shall not occupy in any part thereof a greater breadth than sixty-six feet including foundations abutments and. supports. BOWENEELS COMPANY'S EAILWAY. 217. 2. THe ground and soil of so mucli of the site of the railway as 36 Victoria. passes over the lands of the said Andrew Brown and over Crown land site of railway together with such right of ingress egress and regress as may he neees- ^company ^"^ sary for the making repair and working thereof shall be vested by virtue without con- of this Act and without the necessity of any conveyance in the said ™y™°^- Company for the purpose of this railway or tramway Provided that the said tramroad shall be constructed and brought into use within one year after the passing of this Act and that in default thereof or if after its completion the said tramroad shall cease to be used by the said promoters their heirs or assigns for one year continuously all the said lands and all their estate and interest therein shall revert to the said Andrew Brown his heirs and assigns and the Crown respectively and all the rights and powers hereby conferred on the said promoters shall cease and determine Provided that if in exercise of the powers hereby granted it be found necessary to cross cut through raise sink or use any part of any road the said Company shall cause a sufficient road to be made instead of any road interfered with and shall at their own expense keep the same in a proper state of repair and the said Company before they run any locomotive over the said land of the said Andrew Brown for any of the purposes aforesaid shall if required so to do separate the same by a sufficient fence from the lands adjoining thereto with such gates as may be required for the occupation of such land And shall make and at all times thereafter maintain all such arches drains and other passages over under or by the sides of the railway as shall at all times convey the water as clearly iirom the lands lying near to or affected by the railway as before the making of the same or as nearly so as may be and such works shall be made from time to time as the railway works proceed The said railway shall at all times when not in actual use by the Company be open to the public upon payment of three- pence per ton for every transit the persons seeking transit to supply steam locomotive power trucks waggons &c. and to load and unload the same but the empty trucks to be conveyed on their return free of cost Provided that if the Company shall employ locomotive engines of their own upon the said railway then in such case the Company shall supply the locomotive power to persons seeking transit and shall be entitled to charge the sum of four-pence per ton for every transit Provided that if the said railroad shall be damaged in any way by parties using the same the Company shall be entitled to compensation for such damage to be recovered in the Supreme or any other com- petent Court and in estimating such damage the Company shall be entitled not only to compensation for the cost of repairing and restoring such railway but to the consequential damage if any sustaiaed by reason of the suspension of transit. 3. Eor the purposes aforesaid it shall be lawful for the said Com- Power to divert pany their servants or workmen to divert or alter the course of any '"^*"^'"*^^- road or way crossing the railway or to raise or sink any road or way in order the more conveniently to carry the same over or under or by the side of the railway Provided that if the said promoters do not cause another sufficient road or way to be made before they interfere with any such existing road or way they shall forfeit five pounds for every day during which such substituted road shall not be made after the existing road shall have been interrupted and such penalty shall be paid to the surveyor or other person or persons having the manage- ment of such road and shall be applied for the purposes thereof Provided that any gradient on any road so altered shall not exceed one 218 BOWENPELS COMPANY'S EAILWAT. 36 VicTOKiA. in thirty Provided also that when the said railway or tramway runs across or along any public road on a level therewith the rails of such railway or tramway shall not he raised more than two inches above the level of such public road Provided further that when the same is carried over or along a pubKc road by means of a viaduct there shall be a clear space of at least twelve feet in height with at least seventy feet of roadway consisting of four ten feet two fifteen feet openings and that not any support of the said railway be placed nearer to the said mill race than four feet And provided further that in the event of the said Company stopping up or doing or suffering any damage to be done or interfering in any way with the mill race of the said Andrew Brown over which the said railway passes the same shall be immediately repaired and placed in as good condition as it was before the said railway was constructed as aforesaid. Penalty to per- 4. If any person omit to shut and fasten any gate set up at either fasten gate™^ '" ^^'^^ °^ ^nii of the railway or tramway so soon as he and the carriage cattle or other animal under his care nave passed through the same he shall forfeit for every such offence any sum not exceeding two pounds which may be recovered in a summary way before any Justice of the Peace. Compensation 5. If within twenty -eight days after the passing of this Act the ° ™^^" said Andrew Brown and the Company shall not agree as to the amount of compensation to be paid by them for the said lands belonging to the said Andrew Brown or for any damage that may be sustained by him by reason of the execution of the works of the Company or if any other question of compensation shall arise under this Act the amount of such compensation shall be fixed by arbitration in manner hereinafter mentioned That is to say each disputant shall under their hand nominate and appoint an arbitrator and such arbitrators shall before proceeding to arbitration appoint an umpire to act in the event of their disagreement to whom such dispute or matter shall be referred and the award of such arbitrators to be final and after such appointment neither party shall have power to revoke his or their appointment without the consent of the other nor shall the death of either party operate as a revocation and after a request in writing shall have been served by one party or the other to appoint an arbitrator and such last party having failed for the space of fourteen days to appoint the same it shall be lawful for the arbitrator who has been appointed to act on behalf of both parties and such arbitrator may proceed to hear and determine the matters which shall be in dispute and in such cases the award or determination of such arbitrators or single arbitrator shall be final and conclusive. ^X!i?™^«''™^v„ 6- Eefore any arbitrator or umpire shall enter into the consideration umpire to maKe n 1.2. ^ TT-iin-i f»-r. i* a declaration for 01 any matters reierred to him he shall m the presence 01 a J ustice 01 charge'of duty *^^ Peace make and subscribe the following declaration that is to say:— "I A.B. do solemnly and sincerely declare that I am not interested in the matters referred to me under the provisions of the Bowenfels Coal-mining and Copper Smelting Company's Pailway Act and that I will faithfully and honestly and to the best of my skill and ability hear and determine the said matters. (Signed) A.B. Made and subscribed in the presence of ." BOWENPELS COMPANY'S EAILWAT. 219 7. And such declaration shall be annexed to the award when made 36 Victoeia. and if any arbitrator or umpire having made such declaration shall Penalty for wilfully act contrary thereto he shall be guilty of a misdemeanour. misconduct. 8. All the costs of any such arbitration and incident thereto the ^lonhow^borne.' amount whereof shall be settled by the arbitrators shall be borne by the Company unless the arbitrators shall award the same amount or less than the amount offered by the Company as compensation in which case the whole costs shall be paid by the claimant. 9. The arbitrators shall deliver their award in writing to the Com- Award to be pany who shall retain the same and furnish a copy on demand to the company, claimant and the amount awarded shall be paid within sixty days after publication of such award. 10. The submission to any such arbitration may be made a rule of Submission may the Supreme Court on the application of either of the parties. o?Surt * "^"^ 11. No award made with respect to any question referred to arbitra- Award not void tion under the provisions of this Act shall be set aside for irregularity form"^'' ^"™ '" or error in matter of form. 12. The said Company shall not be entitled to any mines of coal iron Minerals not to stone slate or other minerals under any land whereof the surface is ' vested in them by this Act except only such parts thereof as shaU be necessary to be dug or carried away in the construction of the works hereby authorized and such mines shall not be deemed to vest in the said Company but not any of the land so taken shall be used for the purpose of erection thereon of any building or for smelting or other manufacturing purposes and it shall be lawful for the said Andrew Brown his heirs and assigns from time to time and at all times here- after with servants and workmen to enter upon the land so to be vested in the said Company for the purpose of viewing and examining the state and condition of the said mill race and to do all necessary acts for the purpose of cleansing repairing and enlarging the same at his and their pleasure but so that not any such acts shall injure the said railway or the works of the same. 13. The following words and expressions in this Act shall have the interpretation meaning hereby assigned to -fchem The word " Company" shaU mean jjj™* ^""^ *'^'"' the said Bowenfels Coal-mining and Copper-smelting Company The words "railway" or "tramway" shall mean the railway or tramway hereby authorized to be' constructed and in citing this Act it shall be sufficient to use the expression the Bowenfels Coal-mining and Copper- smelting Company's EailWay Act The word " Justice" shall mean Justice of the Peace in andVfor the Colony of New South Wales. 14. This Act shall b^jde^fijaed and taken to be a Public Act and shall Act to be be judicially taken notice of as such by all Judges Justices and others pu™ic"A^t. without being specially pleaded. SCHEDrLE. A piece or parcel of land Commencing at a point on the Great Western Railway- about eighty-three miles eleven chains from the Parramatta Junction curving from the main line in a north-vi^esterly direction with a curve eight chains radius to the railway fence and hence through the land of Andrew Brown Esquire one chain in width with same curve to a distance of eight chains forty-three links and thence by a straight line bearing north twenty-nine degrees forty minutes west to Farmer's Creek being a further distance of five chains one link and thence across Farmer's Creek on to the Company's land across a reserved road and again across the Company's land to a reserved road one chain wide and along the said road terminating at a point one chain north of the south-eastern corner of Poole WooUey and Anderson's mineral conditional purchase. 220 BRYEN'S ESTATE LEASING. 48 VicTOEiA. An Act to enable Stephen Josiali Bryen or his repre- sentatives to grant leases for any term not exceed- ing fifty years from the passing of this Act of certain portions of the real estate devised by the will of John Bryen formerly of Abercrombie-street in the City of Sydney and Colony of New South Wales and for other purposes in the said Act to be mentioned. [31 October, 1884.] Preamble. "TTTHEEEAS John Bryen late of Sydney in the Colony of New W Soutli "Wales brickmaker duly made and executed Ms last will and testament dated the eighteenth day of October in the year one thousand eight hundred and fifty-eight and thereby appointed Alfred Weale then of Parramatta-street Sydney corn-chandler now of Sydney aforesaid out of business Joseph Richard Clayton in the said will called Joseph J. Clayton then clerk to the City Corporation after- wards treasurer to the Municipal Council of Sydney and Thomas McGruire freeholder the executors and trustees of his said will and the said testator gave devised and bequeathed all his real and personal estate of every kind and description whatsoever and wheresoever situ- ate and whether in possession reversion remainder or expectancy unto the said trustees to hold the same with all and every the rights members and appurtenances unto the said trustees their heirs executors administrators and assigns according to the nature and quality thereof as to such parts thereof respectively as should be vested iu the said testator as a trustee or mortgagee upon the trusts and subject to the equities of redemption the same respectively should be subject to at the time of his decease and as to .all such parts of his said real and personal estate as should be vested^ in him beneficially to the uses upon the trusts and subject to the ^veral powers provisoes and conditions thereinafter contained concerni^a^g the same and the said testator declared that all rents and proceeds of his real and leasehold estates and all the trust moneys stocks funds and securities aforesaid should form an aggregate fund to be held upon the trusts following namely upon trust in the first place out of the said rents and annual produce to pay to the wife of the said testa^' an allowance or annuity And to apply a sufficient portion of th^ residue of the" said rents and annual produce towards the maintenanpe clothing support and educa- tion of his son the said Stephen Josiafi Bryen until he should attain the age of twenty-five years and upon further trust to invest in the names of the trustees of his said will the surplus which after satis- fying the said annuity and providing for the maintenance clothing support and education of the said Stephen Josiah Bryen as afore- said and of all expenses incident to the execution of the trusts thereby created should from time to time remain in their hands of the said rents and yearly produce in or upon such stocks funds or securities as were specified in the direction for investment thereinbefore contained with the same power of transposition as accompanied such directions and by similar investments to accumulate at compound interest the. 5ETEN'S ESTATE LEASIN&. 221 income of tlie said aggregate funds until tlie said Stephen Josiali Biyen 48 Viotokia. should attain tlie age of twenty-five years and his assigns during his life without as to his said real estate impeachment of waste and immediately after his death in trust for the first and every other son successively according to seniority of birth of the said Stephen Josiah Bryen and the heirs male of the hody of each such son and failing such issue in trust for the daughters of his said son equally as tenants in common and the heirs of their respective bodies with trust limitations in the nature of cross remainders between such daughters and the heirs of their respective bodies as to both the original and accruing shares and failing such issue upon trust for the right heirs of testator for ever and the said testator by his said wiU directed that the trustees or trustee of the said will of the said testator were to grant leases of the said devised estates or any part thereof for a term or terms not exceeding seven years in possession at the best rent or rents to be incident to the immediate reversion without taking any fine or premium And whereas the said wife of the said John Bryen the testator died in the lifetime of the said testator And whereas the said testator died on or about the third day of June in the year one thousand eight hundred and seventy-seven leaving his son the said Stephen Josiah Bryen him sur- viving And whereas the said Stephen Josiah Bryen had attained the age of twenty-five years in the lifetime of the said John Bryen And whereas by deed-poll or disclaimer dated the nineteenth day of June in the year one thousand eight hundred and seventy-seven the said Thomas McGruire absolutely disclaimed and renounced all the real and personal estate and effects whatsoever given devised or bequeathed by the said recited will and also the respective oflices of trustee and executor of the said will and all trusts powers and authorities by the said will expressed to be reposed in or given to them the said Alfred Neale Joseph Eichard Clayton and Thomas McGruire their heirs executors administrators and assigns and all rights and privileges belonging or annexed to the same or in any wise relating thereto And whereas probate of the said will was granted by the Supreme Court of N'ew South "Wales in its Ecclesiastical Jurisdiction to the said Alfred Neale and Joseph Richard Clayton on the fifth day of July in the year one thousand eight hundred and seventy-seven And whereas some parts of the real estate devised by the said testator consists of lands unim- proved or only partly improved parts whereof are described in the Schedule hereto and the income from such of these lands as produce any income is inadequate according to the capital value of the said lands And whereas several of the said several pieces or parcels of land and hereditaments described in the Schedule hereto are of con- siderable area and the same are peculiarly adapted for building purposes and the same would become of considerably greater value than the same are now in the event of such leases being granted for terms of years and the income therefrom would be thereby largely increased and it would be for the benefit of the several persons interested under the said will of the said testator in the said several lands and hereditaments that leases thereof should be granted or made for longer terms than seven years Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Assembly of New South "Wales in Parliament assembled and by the authority of the same as follows : — 1. The following expressions and words in this Act shall have the interpretation, meaning hereby assigned to them unless there be something either 222 BETEN'S ESTATE LEASING. Power to lease 48 Victoria, in tte context or subject repugnant to such construction The words "the said trustees" shall mean the trustees or trustee howsoever appointed acting for the time being in the execution of the trusts of the said will of the said testator John Bryen The expression "the said lands" used hereinafter shall mean the several pieces or parcels of land described in the schedule hereto And any land that the said testator was seized possessed of or entitled to which is not built upon or substantially improved and any land that may be acquired by virtue of the powers in this Act contained. 2. It shall be lawful for the said Stephen Josiah Bryen during his life and after his death for the said executors or administrators of the said Stephen Josiah Bryen to execute grant or make leases for any term not exceeding fifty years from the passing of this Act of either the whole or any part or parts of the said lands to any person or persons associations companies or corporations such leases to contain such covenants declarations powers and provisions as the lessor or lessors for the time being granting or making such leases and also a covenant to improve the lands so leased by erecting and building thereon any house or houses building or buildings or to repair any houses or buildings which shall hereafter be standing thereon or by otherwise improving the lands so leased by the expenditure of such sums of money as shall by the said Stephen Josiah Bryen his executors administrators or assigns so granting or making any such lease be deemed adequate or reasonable for any term of years not exceeding fifty years from the date of the passing of this Act such lease or leases to take effect in possession and not in reversion or by way of future interest so as there be reserved in every such lease a yearly rent to be incident to the immediate reversion that can be reasonably obtained without taking anything in the nature of a fine or premium for the making thereof and so that there be contained in every such lease a condition of re-entry for non-payment of rent within a reasonable time to be therein specified or on non- observance or non-performance of covenants by the lessee and so that the lessee do execute a counterpart thereof and do thereby covenant for payment of the rent thereby reserved and be not by any express words therein made dispunishable for waste. 3. The said Stephen Josiah Bryen his executors or administrators may make exchanges of any of the said lands or any part thereof for other lands adjacent to any of the said lands for the purpose of altering the boundaries of any of the said lands or for forming laying-out or making roads streets or ways adjacent to over or upon or for egress or regress from any of the said lands with power to the said Stephen Josiah Bryen his executors or administrators to give or accept any sum or sums of money for equality of exchange and thereupon all necessary acts assurances deeds matters or things may be done executed or made by the said Stephen Josiah Bryen his executors or adminis- trators as shall be proper for effecting any such sale or exchange. Power to 4. The said Stephen Josiah Bryen his executors or administrators lofnads' streets ^^J appropriate dedicate lay out or set apart any part of the said lands &c. respectively as and for roads streets or ways sewers drains or other such places or easements for the use of the public or for the use of any messuages or other buildings to be erected upon any of the said lands or the tenants or occupiers thereof without receiving any consideration therefor and may allow authorize or make generally any such arrange- ments or dispositions of any parts of the said lands respectively as the Power to amend boundaries &c. BETEN'S ESTATE LEASING. 223 said Stephen Josiali Bryen his executors or administrators may deem 48 Victoria. expedient for the purpose of letting the said lands or inducing or promoting any building or other improvements thereon. 5. The rents received from the said lands shall be payable to the Rents to whom said Stephen Josiah Bryen during his lifetime for his own use and ^^^ benefit and after his death the rents payable under leases granted by the said Stephen Josiah Bryen shall during the currency of such leases be payable as may be provided by the will of the said Stephen Josiah Bryen and in the event of the said Stephen Josiah Bryen dying intestate the rents payable from such leases shall be payable to the persons entitled to the estate of the said Stephen Josiah Bryen under the statutes of distributions and the rents of leases to be granted after the death of the said Stephen Josiah Bryen shall be payable to the persons entitled to the said lands under the said will of the said John Bryen. 6. This Act shall be known and may be cited or referred to for all Short title, purposes as " Bryen's Estate Leasing Act of 1884." THE SCHEDULE. Land County of CooTc Nepean River. All that piece or parcel of land situate in the county of Cook on the Nepean River Commencing at the south-east corner of Thomas Hobbey's forty acres grant bounded on the north by a line bearing west seventeen chains on the west by a line south thirty-two chains to a creek or deep gully on the south by that creek to its junction with the Nepean River and on the east by that river being the land advertised for sale as lot number three in the advertisement dated seventeenth September one thousand eight hundred and thirty-three. Lands fronting Parramatta Road Filzroy-street and Wilson-street Camperdown Road and Missenden Road Camperdown. All that piece or parcel of land situate and being at Camperdown in the parish of Petersham in the territory of New South Wales Commencing at the angle formed by the Parramatta Road and bounded on the west by the Camperdown Road being a line bearing south thirty degrees east one hundred and two feet to the north-west corner of lot twenty on the south by part of lot twenty being a line bearing east thirty degrees north fifty feet to the north-west corner of lot eighteen on the east by lot eighteen being a line bearing north thirty degrees west ninety-seven feet to the Parramatta Road and on the north by the Parramatta Road being a line bearing westerly fifty feet to the point of commencement. All that other piece or parcel of land situate lying and being at Camperdown aforesaid in the said parish and territory Commencing at the angle formed by Missenden Road and the Parramatta Road and bounded on the north by the Parramatta Road being a line bearing west twenty-four degrees thirty-five minutes south forty-five feet on the west by lots four and thirty-five being a line bearing south thirty degrees east one hundred and forty-five feet to Dowling-street on the south by Dowling-street being a line bearing east thirty degrees north one hundred and two feet six inches to the Missenden Road and on the east by the Missenden Road being a line bearing west thirty-nine degrees north one hundred and fifty-one feet eight inches to the point of commencement. Land fronting Parramatta Road Buricood. All that other piece or parcel of land situate lying and being in the district of Liberty Plains in the county of Cumberland in the territory aforesaid being part of the estate called "Burwood" and formerly the property of the late Thomas Rowley being lot two as set forth in a plan exhibited at a sale by auction of portions of the said Burwood estate on the sixth day of July one thousand eight hundred and forty bounded on the north by the Parramatta Road being a line bearing east fifty feet one inch on the east by a line south eight degrees west one hundred and fifty feet dividing it from lot one purchased at the said sale by Mr. Hughes on the south by a line beaming west fifty feet dividing it from lot ten purchased at the 224 BRTEN'S ESTATE LEASING. 48 Victoria. ^^^'^ ^^1® '^y °^^ John George Redman and now the property of the said William ' Turton's fifty feet and on the west by a line bearing north to the Parr amatta Road aforesaid one hundred and fifty feet. Land at Surry Hills. All that piece or parcel of land situate lying and being on the south side of the Surry Hills near Sydney aforesaid Commencing three hundred and thirty-two feet or thereabouts west of the soutli-east boundary of Joseph Andrew's fifteen and one half acres purchase and bounded on the south by a Government Road one chain wide by a line bearing west one hundred and eighty feet on the west by a line bearing north one hundred and eight feet on the north by a line bearing east one hundred and eighty feet and on the east by a line bearing south one hundred and eight feet to the point of commencement. Land at Burwood. AU that piece or parcel of land situate lying and being at Burwood aforesaid in the territory aforesaid boxmded on the south by a reserved road twenty-four feet wide communicating with Powell's Creek two hundredfeet on the east by aline south eight degrees west one hundred and fifty feet on the north by lots one two three and four in the hereinbefore mentioned plan of the land by which the same land was sold by auction being a line west two degrees ten minutes north two hundred feet and on the west by lot number seven on the said plan one hundred and forty- seven feet six inches. All that other piece or parcel of land situate lying and being in the parish of Petersham aforesaid in the territory aforesaid being part of the Camperdown Estate Commencing at the south-west corner of lot thirty-three on a plan thereof and bounded on the west by Fitzroy-street being a line bearing southerly twenty feet on the south by lots thirty-five thirty-six thirty-seven and thirty-eight on the said plan being a line bearing easterly eighty feet on the east by a line bearing north- erly twenty feet and on the north by lot thirty-three being a line bearing westerly eighty feet to the point of commencement being lot number thirty-four on a plan of said land. All tliat otherpiece or parcel of land situate lying and being at Camperdown afore- said in the parish of Petersham aforesaid in the said territory Commencing at the angle formed by Fitzroy-street and Wilson-street and bounded on the west by Fitz- roy-street being a line bearing northerly twenty-three feet on the north by part of said lot thirty-four being a line bearing easterly twenty feet on the east by lot thirty-six being a line bearing southerly seventy-five feet and on the south by Wilson-street being a line bearing westerly twenty feet to the point of commence- ment being lot number thirty-five on the said plan. All that other piece or parcel of landsituatelyingand being at Camperdown afore- said in the said parish of Petersham in the said territory Commencing at the south- east corner of said lot number thirty-five aforesaid and bounded on the south by Wilson-street being a line bearing easterly twenty feet on the east by lot thirty- seven being a line bearing northerly seventy-four feet six inches on the north by part of said lot thirty-five being a line bearing southerly to Wilson-street seventy- five feet being lot number thirty-six on the said last- mentioned plan. Land Ilacdonaldtown near Sydney hounded hy Flora Ooulson and Maedonald streets. All that piece or parcel of land containing two acres one rood ten perches or thereabouts situate lying and being at Macdonaldtown near Sydney in the county of Cumberland in the Colony of New South Wales Commencing at the angle formed by Flora-street and Coulson-street and bounded on the south by Coulson-street being a line bearing easterly four chains and eighty-five links on the east by lot fifteen bearing northerly four chains and seventy-eight links on the north by lots sixteen and twenty-three being a line bearing westerly to Flora-street four chains and eighty-five links and on the west by Flora-street being a line bearing southerly to the angle aforesaid the point of commencement four chains seventy-eight links be the same several dimensions respectively a little more or less and which piece or parcel of land comprises allotments number seventeen and twenty-two of Macdon- aldtown aforesaid. All that piece or parcel of land situate lying and being at Newtown in the district of Bulanaming in the county of Cumberland in the said Colony being lots nineteen twenty and twenty-one of a sale by auction held by Mr. Thomas Stubbs on the thirteenth day of July in one thousand eight hundred and forty-six containing by admeasurement four acres and six perches or thereabouts Commencing at the BEYEN'S ESTATE LEASING. 225 angle formed by Campbell-street and Macdonald-street and bounded on the south 48 Victoeia by Macdonald-street being a line bearing easterly six chains thirty links on the east by lot eighteen being a line bearing northerly six chains forty links on the north by a line of fence bearing westerly to the north-east corner of lot thirty- eight and on the west by lot thirty-eight and Campbell- street being a line bearing southerly six chains seventy-five links to the point of commencement be the same dimensions respectively a little more or less. Land fronting Levey-street OhippenlaU and Ahero-ombie-street. All those allotments or parcels of land situate lying and being in the Chippendale estate aforesaid being lots two three and four of section one of the said estate bounded on the south by lot number one bearing west fifteen degrees thirty-five minutes south seventy feet on the west by lots numbers five and six bearing north ten degrees five minutes west one hundred and five feet on the north by Levey- street east thirteen degrees thirty-five minutes north seventy feet on the east by Abercrombie place bearing south ten degrees east one hundred and five feet to the commencing point. And also all those allotments numbers one two three and four of section two of the said estate bounded on the north by the property of R. Cooper Esquire bearing east thirteen degrees thirty-five minutes north seventy feet on the east by Aber- crombie place bearing south ten degrees five minutes east one hundred and forty- six feet on the south by Levey-street bearing west fifteen degrees thirty-five minutes south seventy feet on the west by lots numbers five six and seven bearing north ten degrees five minutes west one hundred and forty-eight feet six inches to the commencing point. Land Macdonaldtown Neiotown fronting south side of Macdonald-street. All that piece or parcel of land at Macdonaldtown Newtown parish of Petersham county of Cumberland in the Colony of New South Wales being' lots two and three of section D of White's subdivision of Macdonaldtown Estate containing one acre one rood and thirty-six perches more or less bounded on the north by the south side of Macdonald-street Commencing at the north-east corner of lot one distant one chain seventy -five links easterly from its junction with Flora-street and'bearing easterly three chains forty links on the east by a line bearing southerly four chains thirty-six links dividing it from lot four on the south by the site of an old fence being a line of post-holes bearing westerly three chains forty links dividing it from Bryant's laud and on the west by a line bearing northerly four chains forty-four links dividing it from the said lot number one to the commencing point. Forest-street Forest Lodge Glebe. All that piece of land situated at Forest Lodge Glebe in the parish of Petersham and county of Cumberland containing fourteen and a half perches or thereabouts Commencing on the north-eastern side of Forest-street at the western comer of M. M. Smith's twenty-nine perches and bounded on the south-east by the north- western boundary of that land bearing north-easterly one hundred and twenty feet to block A2 on the north-east by part of the south-western boundary of that block bearing north-westerly thirty-three feet on the north-west by tlie south- eastern boundary of land of George Wells and John Taylor and a continued line bearing south-westerly one hundred and twenty feet to Forest-street aforesaid and on the south-west by that street bearing south-easterly thirty-three feet to the point of commencement as shown on the plan herein and therein edged red being part of block B2 of the Forest Lodge Estate and also part of twenty acres delineated in the public map of the said parish deposited in the office of the Surveyor-General originally granted to Catherine King by Crown grant dated the fourteenth of March one thousand seven hundred and ninety-five. Other unimproved lands. And other lands of which the said John Bryen was seised possessed of or entitled to which are not built upon or substantially improved. 226 BULLI COAL-MINING COMPANY. 25 v^icTOKiA. ^^ ^p|. ^Q incorporate the Biilli Coal-mining Company. [20 Jamiary, 1862.] Preamble. "TTTHEEEAS a Joint Stock Company called the Bellambi and VV BuUi Coal-mining Company has been lately established in the Colony of New South Wales under and subject to the rules regula- tions and provisions contained in a certain deed of settlement bearing date the iirst day of October in the year of our Lord one thousand eight hundred and sixty-one purporting to be a deed of settlement of the said Company And whereas by the said deed of settlement the several parties thereto have respectively and mutually covenanted and agreed that they whilst holding shares in the capital of the said Company should be and continue until dissolved under the provisions in that behalf therein contained a joint stock Company or partnership under the name and title of the Bellambi and BuUi Coal-mining Company for working the coal or other mines in or upon any land of which the said Company might from time to time be owners or lessees for the purchase or leasing of coal or other mineral lands for following up and acting upon any trade or purpose mentioned in any regulations for the management or conduct of coal or other mines in the said Colony then promulgated or thereafter to be promulgated for purchasing the necessary machinery for working the said mines or for testing the mining capabilities of any land purchased or intended to be purchased by the Company or for draining any mines or any other purpose in connection therewith for exporting selling or otherwise disposing of all coal or other minerals to be raised from any land belonging to or leased by the said Company for disjjosing of the timber on any such land for leasing or selling any such lands and for con- structing railways roads wharves and other matters necessary for the promotion of the objects of the said Company and it was by the same deed of settlement agreed that the capital of the said Company should consist of thirty thousand pounds to be contributed in three thousand shares of ten pounds each and of such further sum or sums as might thereafter be raised by the creation and sale of new shares of the like amount as therein provided And whereas by the said deed of settle- ment provision has been made for the due management of the affairs of the Company by certain directors already appointed and by other directors to be from time to time elected and appointed as their successors by the shareholders of the said Company And whereas it has since been agreed that the name and title of the said Company shall be the BuUi Coal-mining Company And whereas the said Company is desirous of being incorporated under the name and title of the Bulli Coal-mining Company 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 — Compariy incor- 1. Such and SO many persons as have already become or at any time '' ' ' or times hereafter shall and may in the manner provided by and subject BULLI COAL-MINING COMPANY. 227 to the rules regulations and proTisions contained in the said deed of 25 Victoria. settlement become proprietors 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 BulU Coal-mining 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 what- soever 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 and goods effects bills notes securities or other property of the said Company to be the money goods effects bills notes securities or other property of the said corporation and to designate the said Company by its corporate name whenever for the purpose of any allegation of an intent to defraud or otherwise howsoever such designa- tion shall be necessary and the said corporation shall have perpetual succession with a common seal which maybe altered varied and changed from time to time at the pleasure of the said corporation. 2. The several laws rules regulations clauses and agreements contained Deed of eettie- in the said deed of settlement or to be made under or by virtue or in ™™* confii-med. pursuance thereof shall be deemed and considered to be 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 be or may be altered varied or repealed by or are or shall or may be inconsistent or incompatible with or repugnant to any of the provisions of this Act or of any of the laws and statutes 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 and statutes in force for the time being in the said Colony. 3. It shall be lawful for the said corporation from time to time to increase o£ extend or increase its capital for the time being by the creation and dis- '"'P'**'- posal of new shares in the manner specified and set forth and subject to the rules regulations and provisions contained in the hereinbefore in part recited deed of settlement. 4. The capital or joint stock for the time being and all the funds Capital and and property of the said corporation and the several shares therein and perg^aSty.^ the profits and advantages to be derived therefrom shall be and be deemed personal estate and be transmissible accordingly subject to the regulations of the said deed of settlement. 5. The corporation shall not be bound in any manner by any trusts irasts or equit- or equitable interests or demands affecting any shares of the capital afcottoglharea. standing in the name of any person as the ostensible proprietor thereof or be required to take any notice of such trusts or equitable interests or demands but the receipt 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 corporation for or in respect of any dividend or other money payable by the said corporation in respect of such shares and a transfer of the said shares 228 BFLLI COAL-MININa COMPANY. Power to take and hold lands &c. Conveyance to the corporation. 25 Victoria, in accordance with the regulations in that behalf contained in the said deed of settlement by the person in whose name such shares shall so stand shall notwithstanding as aforesaid be binding and conclusive as far as may concern the said corporation 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 corporation in respect of any such shares or the transfer thereafter of any such shares or to direct the payment of such dividends or other money 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 notwithstanding any statute or law to the contrary to purchase take hold and enjoy to them and their successors for any estate term of years or interest or under license any coal or other mineral lands wliatsoever and all such houses offices buildings and other lands and hereditaments as may be necessary or proper for the purpose of managing and conducting and carrying on the affairs concerns and business of the said corporation and to sell convey and assign assure lease and otherwise dispose of or act in respect of such coal or other mineral lands houses offices buildings and other lands and hereditaments as occasion may require. 7. It shall and may be lawful to and for all persons who are or shall be otherwise competent so to do to grant sell alien and convey demise assign assure and dispose of unto and to the use of the said corporation and their successors for the purposes aforesaid or any of them any such houses offices lands mines hereditaments and other real estate whatso- ever as aforesaid accordingly. 8. No dividend or bonus shall in any case be declared or paid out of the subscribed capital for the time being of the said Company or other- wise than out of the declared surplus capital net gains and profits of the business. 9. In any action or suit to be brought by the said corporation against any proprietor of any shares in the capital of the said corporation to recover any sum of money due and payable to the said corporation for or by reason of any call made by virtue of this Act or of the said deed of settlement it shall be sufficient for the corporation to declare and allege that the defendant being the proprietor of such or so many shares in the capital of the said corporation is indebted to the said corporation in such sum of money (as the call in arrears shall amount to) for such call of such sum of money upon such or so many shares belonging to the said defendant whereby an action hath accrued to the said corporation 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 making such call was a holder or proprietor of one or more share or shares in the capital of the said corporation 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 is directed by the said deed of settlement and the said corporation shall thereupon be entitled to recover what shall appear due. Dividend from the profits. Actions or suits for calls. BULLI COAL-MININa COMPANY. 229 10. The share register of the said Company shall at all times be 25 Victoeia. primd facie evidence to show who are the proprietors for the time share register to being of the capital thereof and the number of shares held by each o^n^jg^""® "' proprietor. 11. Nothing herein contained shall prejudice or be deemed to Contracts &c. prejudice any call made or any contract or other act deed matter or ™8ettiement^'' thing entered into made or done by the said Company prior to or under before Act. or by virtue of the said deed of settlement before this Act shall come into operation but the same call contract act deed matter or thing shall be as valid and effectual to all intents and purposes as if this Act had not been passed and may be enforced in like manner as if the said Company had been incorporated before the same call contract act deed matter or thing had been made entered into or done. 12. In the event of the assets of the corporation being insufficient Liability of to meet its engagements the shareholders shall in addition to the shwehoiders. amount of their subscribed shares in the capital of the said corporation be responsible to the extent only of a sum equal to the amount of their said shares. 13. The directors for the time being shall have the custody of the Custody and use common seal of the said corporation and the form thereof and all other "'corporate seal, matters relating thereto shall from time to time be determined by the directors in the same manner as provided in and by the said deed of settlement for the determination of other matters by the board of directors and the directors present at a board of directors of the said corporation shall have power to use such common seal for the affairs and concerns of the said corporation and under such seal to authorize and empower any person without such seal to execute any deeds and do all or 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 deed of settlement and of this Act but it shall not be necessary to use the corporate seal in respect of any of the ordinary business of the Company or for the appointment of an attorney or solicitor for the prosecution or defence of any action suit or proceeding. 14. The directors of the said Company appointed by the said deed of Retirement and settlement shall go out of office at the general meeting of the share- directors?' holders of the said Company to be held in the month of July one thousand eight hundred and sixty-two and thereupon a new board of directors shall be elected of the number and in the manner provided by the said deed of settlement And thereafter the said board of directors shall be changed and all vacancies therein filled up at the times and in manner provided by the said deed of settlement. 15. It shall and may be lawful for the directors in pursuance of a Power to borrow resolution to that effect to be passed at special general meetings of the debTnturef^ " shareholders to be called for the purpose from time to time to borrow upon mortgage of the property of the Company or upon debentures chargeable thereon issued under the hands of any two of the directors named in such resolutions any sum or sums of money not exceeding in the whole an amount equal to the paid-up capital of the Company Provided always that the shareholders present at any such meeting either in person or by proxy specially given for the occasion shall hold shares representing not less than one-third of the paid-up capital of the Company. 230 BULLI COAL-MINING COMPANY. 25 Victoria. 16. THs Act shall lie deemed and taken to be a public Act and shall Actto he deemed be judicially taken notice of as sucb by the Judges of the Supreme a public Act. Court of New South "Wales and by all other Judges Justices and others within the Colony of New South '"Wales and its dependencies without To he cited as being specially pleaded and the same whenever cited shall be sufficiently mfntag" ''°^'' described as the " BuUi Coal-mining Company's Incorporation Act Company's Act. 1862." Preamble. 26VICTOKIA. An Act to enable the BuUi Coal- mining Company to construct a Railway from land near BuUi belonging to the said Company and to connect the same with Bellambi Harbour. [30 September, 1862.] WHEEEAS the Bulli Coal-mining Company incorporated by that name by virtue of an Act passed in the twenty-fifth year of the reign of Her present Majesty Queen Victoria and hereinafter designated "the Company" have opened coal-mines on land situate near BulU in the county of Camden and are desirous of constructing a railway from the said coal-mines to Bellambi Harbour but as part of such proposed railway is intended to be made upon and to pass through lands in the said county not belonging to the said Company but believed to be the property of G-eorge Somerville John Somerville James Holden James Somerville Q-eorge Organ Eobert Campbell William Campbell Patrick Collins Sarah Salter John Cawley Elizabeth Colleary Thomas Hale and the Crown respectively the same cannot be made without legislative authority And whereas the said coal-mines are likely to prove beneficial to the Colony and the public are concerned in promoting such an increase in the facilities for the supply of coal for local consumption steam navigation and export as would result from the construction of the said proposed railway it is therefore desirable to authorize by legislative enactment the construction of the said railway subject to the provisions hereinafter contained upon payment of compensation to the several parties through whose lands the same shall pass for such por- tions of their respective lands as may be required to be occupied thereby 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. It shall be lawful for the Company to make and construct a rail- way from the land belonging to the Company through lands granted by the Crown to George Somerville Cornelius O'Brien Earrell Cuffe Thomas Wharton Eobert Westmacott Alexander Elliott Michael Bren- nan Patrick Callaghan John Kelly and Harriet Spearing and now believed to be the properties of the several persons mentioned in the preamble of this Act and also through Crown lands and to take and use so much of the said lands as the said Company may require for the purposes of such railway in the line described in the Schedule hereto not exceeding in any part thereof a greater space in breadth than Authority to] construct rail- way and to con- nect the same with Bellambi Harbour. BTJLLI COAL-MININ& COMPANY. 231 sixty-six feet including the supports abutments and foundations of the 26 Victoeia. said railway Provided that 'the railway shall he constructed and brought into use within the term of five years from the passing of this Act. 2. It shall be lawful for the Company either in substitution for Power to con- some portion of the railway by the first section of this Act authorized doo'ro'r'hSur to be made or in addition to the said railway to make and continue a works, railway through land known as the Bellambi Estate or Village and believed to be the property of Thomas Hale for the purpose of connect- ing the railway and works of the Company with any public dock or harbour works which may hereafter be constructed at Bellambi and to take and use so much of the said lands as the said Company may require not exceeding in any part thereof a greater space in breadth than sixty- six feet including the supports abutments and foundations of the said railway Provided that before such last-mentioned work shall be com- menced to be made a plan and section thereof shall be laid before and approved by the Grovernor and Executive Council. 3. So much of the lands of the said owners or other persons as Lands vested in shall be taken or used by the Company under the provisions of this *vithouTcon? Act for the purpose of the railway with such right of ingress egress veyanoe. and regress upon the adjacent lands as may be necessary for the making and rejDair of the said railway shall by virtue of this Act and without the necessity of any conveyance be vested in the Company Provided that if in the exercise of the powers hereby granted it be found necessary to cross cut through raise sink or use any part of any road whether carriage road or horse road so as to render it impassable for or dangerous or inconvenient to the persons entitled to the use thereof the Company shall before the commencement of any such operations cause a sufficient road to be made instead of any road inter- fered with and shall at their own expense maintain such substituted road in a state as convenient as the road interfered with or as nearly as may be and the Company before they use the said lands for any of the purposes aforesaid shall if required so to do separate the same by a sufficient fence from the land adjoining thereto with such gates as may be required for the convenient occupation of such land and shall also to all private roads used by them as aforesaid put up fences and gates in like manner in all cases where the same may be necessary to prevent the straying of cattle from or upon the lands traversed by such roads and in case of any difference between the owners or occupiers of such roads and lands and the Company as to the necessity for such fences and gates such fences and gates shall be put up by the Company as any two Justices of the Peace shall deem necessary for the purposes aforesaid on application being made to them. 4. The railway and locomotive shall be open to public use upon jKaiiway open to payment of a toll to the Company of threepence per ton per mile the ^^^ p"W"=. party seeking transit supplying and loading his own trucks or wagons and all such trucks when emptied shall be conveyed on their return free of cost. 5. It shall be lawful for the owners or occupier.? of the lands Branch railways, traversed by the said railway to lay down upon their own lands any collateral branches ■ of railway to communicate with the said railway for the purpose of bringing carriages to or from or upon the said railway and the Company shall if required at the expense of such owners or occupiers make openings in the rails and such additional 232 BULLI COAL-MINING- COMPANY. 26 Victoria, lines of railway a3 may be necessary for effecting sucli communication in places where the communication can be made with safety to the public and without injury to the said railway and without inconve- nience to the tra£S.c thereupon and the Company shall not take any rate or toll or other moneys for the passing of any passengers goods or other things along any branch so to be made by any such owner or occupier or other person but this enactment shall be subject to the following restrictions and conditions (that is to say) — No such railway shall run parallel to the said railway the Company shall not be bound to make any such openings in any place which they shall have set apart for any specific purpose with which such communication would interfere nor upon any inclined plane or bridge nor in any tunnel. The persons making or using such branch railways shall be subject to all by-laws and regulations of the Company from time to time made with respect to passing upon or crossing the railway and otherwise and the persons making or using such branch railways shall be bound to construct and from time to time as need may require to renew the off-set plates and switches according to the most approved plan adopted by the Company under the direction of their engineer. 6. For the purposes and subject to the provisions hereinafter con- tained it shall be lawful for the Company their deputies agents servants and workmen and all other persons by them authorized and empowered to divert or alter the course of any road or way crossing the railway or to raise or sink any road or way in order the more conveniently to carry the same over or under or by the side of the railway. 7. If the Company do not cause another sufficient road to be so made before they interfere with any such existing road as aforesaid they shall forfeit twenty pounds for every day during which such substituted road shall not be made after the existing road shall have Ibeen interrupted and such penalty shall be paid to the trustees commissioners surveyor or other persons having the management of such road if a public road and shall be applied for the purposes thereof or in case of a private road the same shall be paid to the owner thereof and every such penalty shall be recoverable with costs by action in any of the superior Courts. 8. If in the course of making the railway the Company shall use or interfere with any road they shall from time to time make good all damage done by them to such road and if any question shall arise as to the damage done to any such road by the Company or as to the repair thereof by them such question shall be referred to the determination of two Justices and such Justices may direct such repairs to be made in the state of such road in respect of damage done by the Company and within such period as they may think reasonable and may impose on the Company for not carrying into effect such repairs any penalty not exceeding ten pounds per day as to such Justices shall seem fit and any such penalty shall be paid to the surveyor or other person having the management of the road interfered with by the Company if a public road and be applied for the purposes of such road or if a private road the same shall be paid to the owner thereof Provided always the said Justices shall have regard to and shall make full allowance for any tolls that may have been paid by the Company on such road in the course of the using thereof. Power to divert or alter roads. Penalty for not substituting a road. Eoad repairs. BULLI COAL-MINING COMPANY. 233 9. If the line of railway cross any putlic highway or parish road then 26 Victoeia. either such road shall be carried over the railway or the railway shall Bridges to be be carried over such road by means of a bridge of the height and width ™here^aiiway and with the ascent or descent by this Act in that behalf hereinafter crosses highway. provided and such bridge with the immediate approaches and all other necessary works connected therewith shall be executed by and be at all times thereafter maintained at the expense of the Company Provided that with the consent of the Grovernor with the advice of the Executive Council it shall be lawful for the Company to carry the railway across any highway on the level. 10. Until the Company shall have made the bridges or other proper Owners and communications which they shall under the provisions herein contained ?^™p'^" ''^°^' have been required to make between lands intersected by the railway and no longer the owners and occupiers of such lands and any other persons whose right-of-way shall be affected by the want of such com- munications and their respective servants may at all times freely pass and repass with carriages horses and other animals directly but not otherwise across any part of the railway made in or through their respective lands solely for the purpose of occupying the same lands or for the exercise of such right-of-way and so as not to obstruct the passage along the railway or to damage the same nevertheless if the owner or occupier of any such lands have in his arrangements with the Company received or agreed to receive compensation for or on account of any such communications instead of the same being formed such owner or occupier or those claiming under him shall not be entitled so to cross the railway. 11. If the railway cross any public highway parish road or tramway Provisions in on a level the Company shall erect and at all times maintain good and roads or tram- sufficient gates across such road or tramway on each side of the rail- ways are crossed way where the same shall communicate therewith and shall employ proper persons to open and shut such gates and such gates shall be kept constantly closed across such road or tramway on both sides of the railway except during the time when horses cattle carts or carriages passing along the same shall have to cross such railway and such gates shall be of such dimensions and so constructed as when closed to fence in the railway and prevent cattle or horses passing along the road or tramway from entering upon the railway and the person intrusted with the care of such gates shall cause the same to be closed as soon as such horses cattle carts or carriages shall have passed through the same under a penalty of forty shillings for every default therein Provided always that it shall be lawful for the Secretary for Public "Works in any case in which he shall be satisfied that it will be more conducive to the public safety that the gates on any level crossing over any such road or tramway shall be kept closed across the railway to order that such gates shall be kept so closed instead of across the road or tramway and in such case such gates shall be kept constantly closed across the railway except when engines or carriages passing along the railway shall have occasion to cross such road or tramway in the same manner and under the like penalty as above directed with respect to the gates being kept closed across the road or tramway. 12. In case of accidents or slips happening or being apprehended to „°o^^d°ofnto^ the cuttings embankments or other works of the said railway it shall lands to repair" be lawful for the Company and their workmen and servants to enter ?e°f ™*ertSn upon the land adjoining thereto at any time whatsoever for the pur- restrictions, pose of repairing or preventing such accidents and to do such works as 234 BULLI COAL-MINING- COMPANY. Construction of bridges over roads. 26 Victoria, may he necessary for the purpose but in every case the Company shall within forty-eight hours after such entry make a report to the Sec- retary for Public Works specifying the nature of such accident or appre- hended accident and of the works necessary to be done and such powers shaU cease and determine if the said secretary shall after considering the said report certify that their exercise is not necessary for the pub- lic safety Provided also that such works shall be as little injurious to the adjoining lands as the nature of the accident or apprehended acci- dent will admit of and shall be executed with all possible despatch and full compensation shall be made to the owners and occupiers of such lands for the loss or injury or inconvenience sustained by them respec- tively by reason of such works the amount of which compensation in case of any dispute about the same shall be settled by arbitrators in the manner hereinafter mentioned And provided also that no land shall be taken permanently for any such works otherwise than is herein provided with respect -to the lands originally taken for the purpose of making the said railway. 13. Every bridge to be erected for the purpose of carrying the railway over any road shall be built in conformity with the following regula- tions (that is to say) — The width of the arch shall be such as to leave thereunder a clear space of not less than thirty feet if the arch be over a public highway and of twenty feet if over a parish road and of twelve feet if over a private road. The clear height of the arch from the surface of the road shall not be less than sixteen feet for a space of twelve feet if the arch be over a turnpike road and fifteen feet for a space of ten feet if over a public carriage road and in each of such cases the clear height at the springing of the arch shall not be less than twelve feet the clear height of the arch for a space of nine feet shall not be less than fourteen feet over a private road. The descent made in the road in order to carry the same under the bridge shall not be more than one foot in thirty feet if the bridge be over a public highway one foot in twenty feet if over a parish road and one foot in sixteen if over a private road not being a tramroad or railroad or if the same be a tramroad or railroad the descent shall not be greater than the ■ruling gradient of such tramroad or railroad. 14. Every bridge erected for carrying any road over the railway shaU be built in conformity with the following regulations (that is to say) — There shall be a good and sufficient fence on each side of the bridge of not less height than four feet and on each side of the immediate approaches of such bridge of not less than three feet. The road over the bridge shall have a clear space between the fences thereof of thirty-five feet if the road be a public high- way and twenty-five feet if a parish road and twelve feet if a private road. The ascent shall not be more than one foot in thirty feet if the road be a turnpike road one foot in twenty feet if a pariah road and one foot in sixteen feet if a private road not being a tramroad or railroad or if the same be a tramroad or railroad the ascent shall not be greater than the ruling gradient of such tramroad or railroad. Construction of bridges over railroad. BULLI COAL-MI]SriK"G- COMPANY. 235 15. Provided always tliat in all cases where the average available 26 Victoria. width for the passing of carriages of any existing road within fifty yards The width o( of the points of crossing the same is less than the width hereinbefore ^notfxceei^e^ prescribed for bridges over or under the railway the width of such width of the bridges need not be greater than such average available width of such cases!" '^' *'" roads but so nevertheless that such bridges be not of less width in case of a public highway or parish road than twenty feet Provided also that if at any time after the construction of the railway the average available width of any such road shall be increased beyond the width of such bridge on either side thereof the Company shall be bound at their own expense to increase the width of the said bridge to such extent as they may be required by the trustees or surveyors of such road not exceed- ing the width of such road as so widened or the maximum width herein prescribed for a bridge in the like case over or under the railway. 16. Provided also that if the mesne inclination of any road within Existing two' hundred and fifty yards of the point of crossing the same or the SadsCTossKi incliaation of such portion of any road as may be required to be altered or diverted need or for which another road shall be substituted shall be steeper than the "" improve . inclination hereinbefore required to be preserved by the Company then the Company may carry any such road over or under the railway or may construct such altered or substituted road at any inclination not steeper than the said mesne inclination of the road so to be crossed or of the road so requiriag to be altered or for which another road shall be substituted. 17. The Company shall make and at all times thereafter maintain the Woriis for following works for the accommodation of the owners and occupiers of ownera.°' lands adjoining the railway (that is to say) — • Such and so many convenient gates bridges arches culverts and Gates bridges passages over under or by the sides of or leading to or from *"• the railway as shall be necessary for the purpose of making good any interruptions caused by the railway to the use of the lands or any streets not diverted under the powers herein contained through which the railway shall be made and such works shall be made forthwith after the part of the railway passing over such lands shall have been laid out or formed or during the formation thereof. All sufficient posts rails hedges ditches mounds or other fences Fences. for separating the land taken for the use of the railway from the adjoining lands not taken and protecting such lands from trespass or the cattle of the owners or occupiers thereof from straying thereon by reason of the railway together with all necessary gates made to open towards such adjoining lands and not towards the railway and all necessary stiles and such posts rails and other fences shall be made forthwith after the taking of any such lands if the owners thereof shall so require and the said other works as soon as conveniently may be. Also all necessary arches tunnels culverts drains or other passages Drains, either over or under or by the sides of the railway of such dimensions as will be sufficient at all times to convey the water as clearly from the lands lying near or affected by the railway as before the making of the railway or as nearly so as may be and such works shall be made from time to time as the railway works proceed. 236 BULLI COAL-MININa COMPANY. 26 VicTOKiA. Also proper watering-places for cattle or compensation in lieu Watering-places. thereof where by reason of the railway the cattle of any person occupying any lands lying near thereto shall he deprived of access to their former watering-places and such watering- places shall be so made as to be at all times sufficiently sup- plied with water as theretofore and as if the railway had not been made or as nearly so as may be and the said Company shall make all necessary water-courses and drains for the purpose of conveying water to the said watering-places Pro- vided always that the Company shall not be required to make such accommodation works in such a manner as would prevent or obstruct the working or using of the railway nor to make any accommodation works with respect to which the owners and occupiers of the lands shall have agreed to receive and shall have been paid compensation instead of the making them. persons omittinK ^^' ^^ ^^J P^rsou Omit to shut and fasten any gate set up at either to fasten gates, side of the railway for the accommodation of the owners or occupiers of the adjoining lands so soon as he and the carriage cattle or other animals under his care have passed through the same he shall forfeit for every such offence any sum not exceeding ten pounds. 19. The Company shall not be entitled to any mines of coal ironstone slate or other minerals under any land vested in them by virtue of this Act except only such parts thereof as shall be necessary to be dug or carried away in the construction of the works hereby authorized. 20. If within twenty-eight days after the passing of this Act the persons through whose lands the railway shall pass or any of them and the Company shall not agree as to the amount of compensation to be paid by the Company for the said lands belonging to the said parties or any of them or for any damage that may be sustained by them or him by reason of the execution of the works or if any other question as to compensation shall arise under this Act the amount of such compensation shall be settled by arbitrators in manner hereinafter mentioned (that is to say) — ■ Unless both parties shall concur in the appointment of a single arbitrator each party on the request of the other party shall nominate and appoint an arbitrator to whom such dispute or other matter shall be referred and every appointment of an arbitrator shall be executed by such party and such appoint- ment shall be delivered to the arbitrator or arbitrators and shall be deemed a submission to arbitration on the part of the party by whom the same shall be made and after any such appointment shall have been made neither party shall have power to revoke the same without the consent of the other nor shall the death of either party operate as a revoca- tion and if for the space of fourteen days after any such dispute or other matter shall have arisen and after a request in writing shall have been served by the one party on the other party to appoint an arbitrator such last-mentioned party fail to appoint such arbitrator then upon such failure it shall be lawful for the Attomey-G-eneral for the time being of the said Colony on the application of the party who has himself appointed an arbitrator to appoint such arbitrator to Minerals not to Compensation clause. Appointment of arbitrators. BULLI COAL-MINHSra COMPANY. 237 act on behalf of both parties and such arbitrator may proceed 26 Victoeia. to hear and determine the matters which shall be in dispute and in such case the award or determination of such single arbitrator shall be final and conclusive. 21. If before the matter so referred shall be determined any Vacancy in arbitrator appointed by either party shall die or become incapable or suppUed?" ° ^ refuse or for fourteen days neglect to act as arbitrator the party by whom such arbitrator was appointed may nominate and appoint in writing some other person to act in his place and if for the space of seven days after notice in writing from the other party for that purpose he fail to do so the remaining or other arbitrators may pro- ceed alone and every arbitrator so to be substituted as aforesaid shall have the same powers and authorities as were vested in the former arbitrator at the time of such his death refusal neglect or disability as aforesaid. 22. "Where more than one arbitrator shall have been appointed such Appointment of arbitrators shall before they enter upon the matters referred to them "™p"'^- nominate and appoint by writing under their hands an umpire to decide any matters on which they shall differ or which shall be referred to them under the provisions of this Act and if such umpire shall die or refuse or for seven days neglect to act after being called upon to do so by the arbitrators they shall forthwith after such death refusal or neglect appoint another umpire in his place and the decision of every such umpire on the matters so referred to him shall be final. 23. If in either of the cases aforesaid the arbitrator shall refuse or Attomey- for seven days after request of either party to such arbitration neglect appotat umpire to appoint an umpire it shall be lawful for the Attorney- G-eneral for on neglect, the time being on the application of either party to such arbitration to appoint an umpire and the decision of such umpire on the matters on which the arbitrators shall differ or which shall be referred to him under this Act shall be final. 2-4. If when a single arbitrator shall have been appointed such in case of death arbitrator shall die or become incapable or shall refuse or for fourteen tratoTthe'matter days neglect to act before he shaU. have made his award the matters to begin if enow. referred to him shall be determined by arbitration under the provisions of this Act in the same manner as if such arbitrator had not been appointed. 25. If where more than one arbitrator shall have been appointed if either arw- either of the arbitrators shall refuse or for seven days neglect to act aS tta otto u> the other arbitrator may proceed alone and the decision of such other proceed eaparte. arbitrator shall be as effectual as if he had been a single arbitrator appointed by both parties. 26. If where more than one arbitrator shall have been appointed if arbitrators fail and where neither of them shall refuse or neglect to act as aforesaid ^wL^a within such arbitrators shall fail to make their award within twenty-one days twenty-one days after the day on which .the last of such arbitrators shall have been to tiie umpire.^ appointed or within such extended time (if any) as shall have been appointed for that purpose by both of such arbitrators under their hands the matters referred to them shall be determined by the umpire to be appointed as aforesaid. 27. The said arbitrators or their umpire may call for the production Powers of arw- of any documents in the possession or power of either party which (^r books &3. they or he may think necessary for determining the question in dispute 238 BULLI COAL-MINING- COMPANY. 26 Victoria. Arbitrator or umpire to malce a declaration for faithful dis- charge of duty. Penalty for misconduct. Cost of arbitra- tion how to be borne. Award to be delivered to the Company. Submission may be made a rule of Court. Award not void through error in form. Compensation for temporary pennanent or recurring injuries. Compensation to be made for temporary occupation. and may examine the parties or their witnesses on oath and administer the oaths necessary for that purpose. 28. Before any arbitrator or umpire shall enter into the consideration of any matters referred to him he shall in the presence of a Justice of the Peace make and suhscribe the following declaration (that is to say)— " I A.B. do solemnly and sincerely declare that I wiU faithfully and honestly and to the best of my skill and ability hear and determine the matters referred to me under the proTisions of the BuUi Coal Company's Eailway Act. A.B. Made and subscribed in the presence of ." And such declaration shall be annexed to the award when made and if any arbitrator or umpire having made such declaration shall wilfully act contrary thereto he shall be guilty of a misdemeanour. 29. All costs of any such arbitration and incident thereto to be settled by the arbitrators shall be borne by the Company unless the arbitrators shall award the same or a less sum than shall have been offered by the Company in which case each party shall bear his own costs incident to the arbitration and the cost of the arbitrators shall be borne by the parties in equal proportions unless the amount awarded shall be one-fourth less than the amount claimed in which case the whole costs shall be paid by the claimant Provided that if either party shall be dissatisfied with the costs allowed by the arbitrators as aforesaid the costs may be taxed by the Prothonotary or other proper officer of the Supreme Court and the amount allowed by such ofB.cer shall be the amount of costs to be paid. 30. The arbitrators shall deliver their award in writing to the Com- pany who shall retain the same and shall forthwith on demand at their own expense furnish a copy thereof to the other party and shall at aU. times on demand produce the said award and allow the same to be inspected or examined by such party or any person appointed by him for that purpose and the amount awarded shall be paid within sixty days after the publication of such award. 31. The submission to any such arbitration may be made a rule of the Supreme Court on the application of either of the parties. 32. No award made with respect to any question referred to arbitra- tion under the provisions of this Act shall be set aside for irregularity or error in matter of form. 33. The Company shall make compensation and satisfaction to be ascertained and recovered in case of difference in the manner hereby provided for temporary permanent or recurring injury and all other damage loss costs charges and inconvenience which may in any wise be occasioned to the said owners or occupiers by the non-performance by the said Company of any of the matters and things hereby required to be performed by them or otherwise. 34!. In every case where the Company shall take temporary posses- sion of lands by virtue of the powers hereby granted it shall be incumbent on them within one month after their entry upon such lands upon being required so to do to pay to the occupier of the said lands the value of any crop or dressing that may be thereon as well as full compensation for any other damage of a temporary nature which he may sustain by reason of their so taking possession of their lands and BULLI COAL-MINING COMPANY. 239 they shall also from time to time during their occupation of the said 26 Victokia. lands pay half-yearly to such occupier or to the owner of the lands as the case may require a rent to be fixed by two Justices in case the parties differ and shall also within six months after the completion of the railway pay to such owner and occupier or deposit in the bank for the benefit of all parties interested as the case may require compensation for all permanent or other loss damage or injury that may have been sustained by them by reason of the exercise as regards the said lands of the powers hereby granted including the full value of all clay stone gravel sand and other things taken from such lands. 35. The following words and expressions in this Act shall have the interpretation meaning hereby assigned to them unless there be something either in the subject or context repugnant to such construction The word " railway" shall mean the railway hereby authorized to be constructed The word " Justice" shall mean Justice of the Peace in and for the territory of New South "Wales And where any matter shall be authorized or required to be done by "two Justices " the expression "two Justices" shall mean two Justices assembled and acting together in Petty Sessions and where under the provisions of this Act any notice shall be reqiiired to be given to the owner of any land or where any act shall be authorized or required to be done with the consent of any such owner the word " ovmer " shall be understood to mean any person or corporation who under the provisions of this Act would be able to sell land to the Company. 36. This Act shall be styled and cited as the " BuUi Coal-mining Short title. Company's Eailway Act." THE SCHEDULE HEEEINBEEOEE EEEEEEED TO. Commencing at a point on the eastern boundary of tlie Company's property and proceeding thence in an easterly direction through lands believed to belong to George and John Somerville a distance of nineteen chains eighty-five links or thereabouts to the eastern boundary of the said lands thence in a south-easterly direction through open swampy land believed to belong to John Somerville a distance of thirty chains seventy-five links or thereabouts where it crosses the parish road from Bulli to WoUongong thence in the same direction a further distance of six chains forty-five links or thereabouts to the southern boundary of the said John Somerville's property thence in the same direction through lands believed to belong to James Holden a distance of nineteen chains ninety links or thereabouts to the southern boundary of the said lands thence in the same direction through land believed to belong to James Somerville a distance of twenty-nine chains twenty-five links or thereabouts to the southern boundary of the said lands thence in the same direction through land believed to belong to G-eorge Organ a distance of thirteen chains seventy-five links or thereabouts to the southern boundary of the said lands thence in a southerly direction through land believed to belong to Robert Campbell and William Campbell a distance of twenty-one chains sixty-five links or thereabouts to the southern boundary of the said land thence in the same direction through land believed to belong to Patrick Collins a distance of twenty-five chains eighty -five links or thereabouts to the southern boundary of the said lands thence in the same direction through lands believed to belong to Sarah Salter a distance of twenty-six chains or thereabouts to the southern boundary of the said land thence in the same direction through land believed to belong to John Cawley a distance of fifteen chains forty links or there- abouts to the southern boundary of said land thence in the same direction crossing Hale's tramway through land believed to belong to Elizabeth Colleary to the southern boundary of the said lands thence in a similar direction through lands believed to belong to John Cawley to Bellambi Creek the southern boundary of the said lands thence in an easterly direction twice crossing Hale's tramway a distance ef forty-four chains fifty links or thereabouts through lands believed to belong to Thomas Hale to the waters of Bellambi Harbour thence in a northerly direction a distance of nine chains fifty links or thereabouts into Bellambi Harbour. 240 BOOEOWA ROMAN CATHOLIC CHUECH LAND SALE. Preamble. Power to sell. 48 Victoria. An Act to enable the Eight Eeverend William Lanigan and the Honorable John Nagle Eyan a Member of the Legislative Council as trustees of certain land in the county of King parish of Boorowa town of Boorowa to sell the said land and to provide for the appropriation of the proceeds thereof. [22 July, 1884.] WHEEEAS by a grant from the Crown bearing date tLe sixteenth day of January in the year of our Lord one thousand eight hundred and seventy-four the land specified in the Pirst Schedule hereto was granted unto the said Eight Eeverend "William Lanigan the Very Eeverend Michael McAlroy and John Nagle Eyan their heirs and assigns upon trust for the erection thereon of a Eoman Catholic Church And whereas by a grant from the Crown bearing date the sixteenth day of January in the year of our Lord one thousand eight hundred and seventy-four the laud specified in the Second Schedule hereto was granted unto the Eight Eeverend William Lanigan the Very Eeverend Michael McAlroy and John Nagle Eyan their heirs and assigns upon trust for the appropriation thereof as the site of a dwelling-house garden and other appurtenances for the clergyman duly appointed to officiate in the Eoman Catholic Church And whereas by grant from the Crown bearing date the sixteenth day of January in the year of our Lord one thousand eight hundred and seventy-four the land specified in the Third Schedule hereto was granted unto the Eight Eeverend "William Lanigan the Very Eeverend Michael McAlroy and John Nagle Eyan their heirs and assigns upon trust for the appropria- tion thereof as the site for a Eoman Catholic school-house And whereas since the date of the said grants the said Very Eeverend Michael McAlroy departed this life And whereas it has been found that the said sites for a church and presbytery and school-house are unsuitable for the purposes for which they were respectively granted and it is expedient that the said land should be sold and that the proceeds to arise from such sale should be applied in or towards the purchase of another piece of land in the said town of Boorowa in a more suitable position as a site for a Eoman Catholic church and presbytery and school-house and the erection of such church and presbytery and school-house thereon and for other purposes hereinafter mentioned 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. It shall be lawful for the said Eight Eeverend "WiUiam Lanigan and Honorable John Nagle Eyan hereinafter styled trustees or other the trustees or trustee for the time being to sell and dispose of the said land described in the Schedules hereto either by public auction or private contract and either in one lot or in several lots as they shall BOOEOWA EOMAN CATHOLIC CHrECH. 241 deem most expedient and for such price or prices as can be tad or 48 Victobia. obtained for tbe same and upon such terms and conditions of sale as the said trustees may deem expedient and to buy in the said lands or any part or parts thereof at any auction sale or to rescind or vary the terms of any contract for the sale of the said lands or any part or parts thereof and transfer and assure the same or any part or parts thereof in fee-simple to the purchaser or purchasers thereof his her or their assigns freed or discharged from each and all the trusts affecting the same and the receipt in writing of the said trustees their heirs or assigns shall be an effectual discharge to the purchaser or purchasers of the said land or any part or parts thereof and shall exonerate him or them from seeing to the application of any proceeds of such sale or sales and from all liability as to the misapplication or non-application thereof. 2. The said trustees their heirs or assigns shall stand possessed of Disposal of all moneys arising from each and every such sale or sales as aforesaid P'''"'^^'*^- and after the payment of the actual and reasonable expenses of such sale or sales and of this Act upon trust to apply the proceeds of such sale or sales in or towards the purchase of another piece or pieces of land in the said town of Boorowa as a site or sites for the erection thereon of a Eoman Catholic church and school-house and to apply the remainder of the said moneys (if any) which shall not be required for the purposes aforesaid in or towards the erection of a Eoman Catholic church and presbytery and school-house upon the land or lands to be purchased as aforesaid and the receipts of any person or persons to whom any moneys shall be paid under the provisions of this Act shall be valid and complete discharges to the trustees their heirs and assigns for such moneys. 3. This Act may be cited as the " Boorowa Eoman Catholic Church short title. Land Sale Act of 1884." SCHEDULES. FIRST SCHEDULE. All that piece or parcel of land in our said Colony containing by admeasurement one acre be the same more or less situated in the county of King and parish of Boorowa town of Boorowa allotments numbers nine and ten of section seventeen Commencing at the south-eastern corner of the section and bounded thence on the south by Brial-street westerly two chains on the west by the east boundary-line of allotment eight appropriated for a Roman Catholic presbytery northerly at right angles to Brial-street five chains on the north by the south boundary-line of allot- ment eleven easterly parallel with Brial-street two chains to Court-street and on the east by that street southerly five chains to the point of commencement. SECOND SCHEDULE. All that piece or parcel of land in our said Colony containing by admeasurement two roods be the same more or less situated in the county of King and parish of Boorowa town of Boorowa allotment eight of section seventeen Commencing on the north side of Brial-street at the south-western corner of allotment nine appro- priated for a Roman Catholic church and bounded thence on the south by that street westerly one chain on the west by the east boundary-line of allotment seven appropriated for a Roman Catholic school northerly at right angles to Brial-street five chains on the north by part of the south boundary-line of allotment twelve easterly parallel with Brial-street one chain and on the east by the western boundary-line of allotment nine aforesaid southerly at right angles to Brial-street five chains to the point of commencement. 242 BUEWOOD AND NEWCASTLE TEAMEOAD. 48 ViCTOBiA. THIRD SCHEDULE. All that piece or parcel of land in our said Colony containing by admeasurement two roods be the same more or less situated in the county of King and parish of Boorowa town of Boorowa allotment seven of section seventeen Commencing on the north side of Brial-street at the south- western corner of allotment eight appro- priated for a Roman Catholic presbytery and bounded thence on the south by that street westerly one chain on the west by a line bearing north five chains on the north by part of the south boundary-line of allotment twelve easterly parallel with Brial-street one chain and on the east by the west boundary-line of allotment eight aforesaid southerly at right angles to Brial-street five chains to the point of commencement. BURWOOD AND NEWCASTLE TRAMROAD. of a Tramroad Newcastle. [1 Preamble, 14 VioTOEiA. j^n ^ct to authorize the contimiation from Burwood to the "Wharf at October, 1850.] WHEEEAS James Mitctell of the city of Sydney Esquire being the owner of lands commonly known by the name of Burwood situate near Newcastle in the county of Northumberland in the Colony of New South Wales has by himself or his lessees or tenants opened a coal-mine on part of the said lands and upon other part thereof erected buildings and works about to be brought into operation for the smelt- ing of copper ores and in order to facilitate communication between the said mine and works and the port of Newcastle has constructed a tramroad from the entrance of the said mine to the northern boundary of the said land called Burwood at which boundary the said land is separated from Newcastle aforesaid by land granted by the Crown to the Australian Agricultural Company but over which the said tram- road cannot be continued without legislative authority And whereas the said coal and smelting works of the said James Mitchell are likely to prove highly beneficial to the Colony and the public advantage is at present especially concerned in promoting such increase and facility in the supply of coal for local consumption and export as would result from the completion of the said tramroad And whereas it is there- fore expedient to authorize such completion upon payment of reason- able compensation to the said Australian Agricultural Company for the land to be occupied thereby Be it therefore enacted by His Excel- lency the Grovernor of New South Wales with the advice and consent of the Legislative Council thereof that it shall be lawful for the said James Mitchell his heirs and assigns to make and continue a tramroad from the said northern boundary of the land of him the said James Mitchell to the wharf at Newcastle aforesaid in the line described in a Schedule hereto annexed marked A but so that such road shall not occupy in any part thereof a greater width or breadth than thirty feet including the supports abutments and foundations thereof Provided that as to so much of the said tramroad as shall pass along the public road the rails of the said tramway shall not be raised more than two inches above the level of the said road unless the same shall be so far raised above the said level as to pass over the existing staith or tram- way of the said Australian Agricultural Company now crossing over the said public road in which case the tramway of the said James Mitchell shall be so raised as to pass ten feet at the least in the clear above the tramway of the said Company and shall be constructed in a secure and Power to James Mitchell to con- tinue tramroad to wharf at Newcastle. BURWOOD AND NEWCASTLE TEAMEOAD. 243 proper manner so as to ensure the safety of the traffic of the said Com- 14 Viotokia. pany and of the public below or adjacent to (as the case may be) the tramway of the said James Mitchell Provided also that the said tram- road shall be constructed and brought into use within the term of two years from the passing of this Act and provided further that in case the said tramroad shall cease to be used as such by the said James Mitchell his heirs and assigns for the space of one year at any one time the said ground and soil thereof shall revert to and become revested in the said Company and provided further that nothing herein contained shall prevent the said Company from carrying on any mining operations beneath the said tramroad which shall not interfere with the safety of the said road and the traffic thereon and that the said James Mitchell shall have no further right to the soil of the said land beneath the sur- face than shall be requisite for the formation and repair of the said road by cutting embanking or otherwise, (a) 2. And be it enacted That the ground and soil of so much of the site site of tramroad of the said tramroad as passes over the land of the said Australian *?t"=^'^t^'" Agricultural Company together with such right of ingress upon the adja- without oonvey- cent land as shall be necessary for the making and repair thereof shall ™'^''- be vested by virtue of this Act and without the necessity of any deed of conveyance of the land in the said James Mitchell his heirs and assigns for the purpose of a tram or railroad for his and their use and the use of his and their lessees and tenants subject to the provisoes hereinbefore contained And provided that if the said Australian Agricultural Com- pany shall have at any time occasion to lay do'W'n any tramroad or roads connected with their own mining operations it shall be lawful for them to carry any such road or roads across the road hereby appropriated to the said James Mitchell in any manner not interfering with the ordin- ary traffic of the said James Mitchell his heirs and assigns And pro- vided further that at the junction of the said tramroad with the high- way between Newcastle and Maitland the said James Mitchell his heirs and assigns shall erect and maintain proper and efficient gates for the safety of the passengers and traffic on the said highway siich gates to be erected and maintained across the said highway and not across the said tramroad. 3. Provided nevertheless and be it enacted That the said James compensation to Mitchell his heirs and assigns shall pay to the said Australian Agricul- ti^aiiajf ACTtoui"- tural Company the sum of twenty pounds per acre and in the like pro- turai Company portion for any less quantity for such land of the said Company as the °' ^^^ ^" '^'^''' said tramroad inclusive of the supports abutments and foundations thereof shall occupy but in case the said Australian Agricultural Com- h deemed insuf- pany shall deem the said price or compensation insufficient it shall be ciaimassessment lawful for them within the space of twelve months from the passing of by commis- this Act to apply to His Excellency the G-overnor to appoint and he p°oyisioifs of"^""^ shall thereupon appoint accordingly Commissioners to inquire into and Public Road Act. assess the same in like manner as is enacted and directed in the case of a road through private property proclaimed by the G-overnment under and by virtue of an Act of the G-overnor and Legislative Council passed in the fourth year of the reign of His late Majesty King "William the Eourth intituled An Act for making altering and improving the Eoads 4 wm. iv No. throughout the Colony of New South "Wales and for opening and improv- i^- ing the Streets in the Towns thereof and for the purpose of such assessment the said Commissioners or any two of them shall have and (a) Vide 15 Vic. No. 18. 244 BIJEWOOD AND NEWCASTLE TEAMEOAD. 14 Victoria, possess all tlie powers vested in them or any two of tliem by tlie said Act and the liJje duties powers and regulations shall attach and apply to the parties jurors witnesses and others occupied and concerned in relation thereto and in case the price assessed on such inquiry be in excess of the sum awarded by this Act such excess shall in addition to the price awarded by this Act be paid by the said James Mitchell his heirs and assigns accordingly together with the costs of inquiry but if the price awarded upon the said inquiry shall not exceed the sum awarded by this Act the costs of the inquiry shall be paid by the parties demanding the same the amount of which costs shall be assessed and the person or persons by and to whom the same shall be paid shall be ascertained by the order of the said Commissioners and shall be recoverable by action of debt if not paid on demand pursuant to such order. Fence to be 4. Provided also and be it enacted That the said .Tames Mitchell his in"fepah-"The l^^ir and assigns shaU if required thereto by the said Australian Agri- said James Cultural Company their successors or assigns make and complete and side°of'tramroad from time to time keep in repair a good and substantial fence upon if required. gach side of SO much of the said tramroad as shall pass on the land of the said Company dividing the same from the land adjacent and that if any damage shall be committed to or upon such adjacent land in the making or repairing or using of the said tramroad by the said James Mitchell his heirs and assigns he or they shall forthwith make good or by tlie said the same and if the said James Mitchell his heirs or assigns shall make raiturai c'om?" default in erecting or keeping repaired the said fence the said Australian pany in case of Agricultural Company their successors or assigns shall be at liberty to expense*thcreof erect or repair the same as the case may be and recover the expense to be recovered necessarily incurred therein by action of debt and if the said James yac lono e . ]y];j[.(.|,|jg^ j^^g heirs Or assigns shall fail to make good or compensate any such damage as aforesaid committed by them or him or his agents or servants in the making repairing or using of the said tramroad the same may be recovered from them or him as special damages by action of assumpsit. Act to be deemed 5. And be it enacted That this Act shall be deemed to be a public a pu ic c . ^^^ ^^^^ shall be judicially taken notice of as such without being specially pleaded. SCHEDULE A. Commencing at a point on tlie line dividing A. W. Scott's four hundred and fifty-six acres from the Australian Agricultural Company's two thousand acres forty -six chains east from the point formed by the abuttal of the boundary between the said four hundred and fifty -six acres and James Mitchell's nine hundred and fifty acres on the aforesaid boundary of the Australian Agricultural Company's two thousand acres and bearing north-easterly through the Company's said two thousand acres to a point on the Maitland Koad one chain forty -four links from its junction with the Lake Macquarie Eoad which passes through the said two thousand acres thence along the Maitland Road to the wharf. 17 VicTOEiA. j^-j^ j^Qj^ ^Q further extend the time for completing a Tramroad from Burwood to the Wharf at New- castle. [3 December, 1853.] Preamble. XTTHEEEAS au Act of the Governor and Legislative Council of VV New South "Wales was passed in the fourteenth year of the 14 Vic. Burwood reign of Her present Majesty intituled An Act to authorize the con- Tramroad Act. tinuatiou of a Tramioad- from Burwood to the Wharf at Newcastle CAMDEN COLLEGE. 245 wherety James Mitchell of the city of Sydney Esquire the owner of 17 Victoeia. lands commonly known by the name of Burwood situate near Newcastle in the county of Northumberland in the Colony of New South "Wales was authorized under certain conditions in the said Act mentioned to continue and complete a tramroad from the north boundary of the said Burwood Estate over and through certain portions of land of the Australian Agricultural Company to the Port of Newcastle aforesaid And whereas the time limited by the said Act for the completion of the said tramroad was the term of two years from the twentieth day of September one thousand eight hundred and fifty And whereas another Act of the Governor and Legislative Council of the said Colony was passed in the fifteenth year of the reign of her present Majesty intituled An Act to amend an Act intituled An Act to authorize the continuation 15 vio. of a Tramroad from Burwood to the "Wharf at Newcastle whereby it ^o. Amending was amongst other things enacted that the time limited by the said firstly-recited Act for the completion of the said tramroad should be extended to the term of two years from the passing of the Act now in recital namely from the twentieth day of December one thousand eight hundred and fifty-one And whereas it is expedient further to extend the tim.e for the completion of the said tramroad as hereinafter men- tioned 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. The time limited by the said lastly -recited Act for the completion The time for of the said tramroad shall be extended to the term of two years beyond theTramroaa the time thereby limited namely until the twentieth day of December una aoth"''^^ one thousand eight hundred and fifty -five. December 1865. CAMDEN COLLEGE. An Act to incorporate Camden College. [31 March, 39 victoku. 1876.] WHEEEAS John Eairfax Josiah Mullens John Thompson and Preamble. Joseph Thompson of Sydney are seized of certain land and buildings at Newtown for the purpose of training students for the Independent or Congregational Ministry and other students and for educating youth in the ordinary branches of learning and the said land together with the trusts upon which it is held are described and set forth in the declaration in Schedule A hereto And whereas the above trusts are now exercised by a body of twelve persons namely The Reverend Thomas Johnson the Eeverend John Graham both of Sydney the Eeverend Gustavus Gidley Howden of Burwood the Eeverend Thomas Spencer Eorsaith of Parramatta Ministers of the Gospel Edward Arnold of Sydney draper Alfred Eairfax of Sydney wholesale grocer the Honorable John Eairfax of Sydney Esquire the Honorable Thomas Holt of the "Warren Cook's Eiver Esquire George Alfred Lloyd of Sydney merchant Josiah Mullens of Sydney sharebroker Eobert Saddington of Sydney merchant and Joseph Thompson of Sydney gentleman members of the Independent or Congregational Denomination known as the Council of Camden College of which 246 CAMDEN COLLEGE. Camden Colleg incorporated. 39 Victoria., Council the Eeverend Thomas Johnson is president And whereas it is expedient that the said College be incorporated 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 Council of Camden College from henceforth shall be and they are hereby constituted a body politic and corj)orate by the name of the " President and Eellows of Camden College" by which name the said incorporated body shall have perpetual succession and a common seal and shall sue and be sued or otherwise appear and answer and be answered and may take and hold to them and their successors by grant will or otherwise in perpetuity or for any term of life or years as well chattels and other personal properby as lands buildings and other here- ditaments and the same or any part thereof may alien or otherwise dispose of or demise and also shall or may do all other things incident or appertaining to a body politic and corporate and the said land and buildings at Newtown aforesaid shall immediately upon the passing of this Act vest in and become the property of the said incorporated body Provided that such last-mentioned land and buildings shall not be aliened or otherwise disposed of except with the approval of a meet- ing of the College constituency duly convened for the purpose. 2. No advantage shall be taken of the invalidity of any election of the President Eellows or Warden of the said College now or hereafter elected in any action or suit by or against the corporation but every such action or suit shall be tried as if no such objection existed. 3. All donations for endowment funds and all legacies of one hundred pounds and upwards given and bequeathed to the said College unless the same be left by any testator for sjDecial purposes shall be invested in debentures or G-overnment stock of any of the Australasian Colonies or in bank deposits for a limited period. 4. The Council shall have power to borrow at any time or from time to time with the approval of a meeting of the College constituency specially called for the purpose any sum or sums for the purposes of the College either by mortgage or by debentures secured by mortgage upon the land and buildings belonging to the corisoration Provided that power to borrow shall not be exercised by the Council unless and until the resolution of approval passed at such meeting shall have been confirmed at a subsequent meeting of the College constituency called for the purpose and held not less than one calendar month after the meeting at which the resolution of approval is passed. Invalidity of election no plea to action. Investment of endo^vment funds and legacies. Po'wertoborrow SCHEDULE A TO THE ACT. Camben College. Declaration of Trust. Whereas the undersigned John Fairfax Josiah Mullens John Thompson and Joseph Thompson all of Sydney are the registered proprietors of certain land and buildings at Newtown described in Schedule A hereto and comprised in certificate of title dated the twenty-seventh day of January one thousand eight hundred and sixty-four registered volume three folio eighty-seven And whereas the said lands have been vested in us upon trust for the religious body in this Colony known as Independents or Congregationalists holding the doctrines set forth in Schedule B hereto being the doctrines set forth in the Schedule attached to a trust deed called iCAMDEN COLLEGE. ' 247 the model deed which deed was approved at a session of the Congregational Union 39 Victokia of New South Wales held in Sydney during the month of October one thousand eight hundred and sixty-nine And whereas the said lands comprised in the said certificate of title were purchased and intended for the purpose of training students for the Independent or Congregational Ministry and other students and for educating youth in the ordinary branches of learning under the direction of a governing body to be known as the Council of Camden College And whereas the Eeverend John West the Reverend John Graham the Reverend Thomas Johnson the Reverend Guatavus Gidley Howden all of Sydney Ministers of the Gospel Alfred Fairfax of Sydney wholesale grocer John Fairfax of Sydney gentleman Edward Arnold of Sydney draper the Honorable Thomas Holt of the Warren Cook's River Esquire the Honorable George Alfred Lloyd of Sydney Esquire Robert Saddington of Sydney merchant J osiah Mullens of Sydney sharebroker and Joseph Thompson of Sydney gentleman members of the Independent or Congregational denomination were elected as the council of Camden College of which council the Reverend John West was the president And whereas the Reverend John West has since departed this life and the Reverend Daniel Mossop of Newtown Minister of the Gospel has been elected a member of the said council in his place And whereas it is expedient that the said trusts shall be set forth in writing under the hands of the said trustees and of the said council of Camden College And whereas the trusts and regulations hereinafter set forth have been laid before the subscribers to the funds of the said college and have been approved of and adopted at a public meeting of the said subscribers duly called together for that purpose on the four- teenth day of July one thousand eight hundred and seventy-four And whereas the trusts and regulations approved and adopted as aforesaid are as follows : — 1. The council of Camden College shall consist of twelve fellows of whom four shall always be Independent or Congregational ministers and eight shall be laymen each of whom shall be a recognized member of some Independent or Congrega- tional Church in the Colony of New South Wales and not under twenty-one years of age which said twelve fellows shall elect from their own body a president and shall with the addition of the warden appointed as hereinafter provided or without such warden if not so appointed together form a council to be called ' ' The Council of Camden College" in which shall be vested at all times the government in every respect of the coUege and all matters relating thereto Provided that the ceasing of any person to hold the qualification under which he is elected a fellow shall ipso facto vacate his seat. 2. The president of the council shall ex officio be entitled to preside at all meetings and in his absence some fellow appointed by the meeting in his stead And the votes at all meetings of the council shall be taken exclusively of the person presiding unless there shall be an equality of votes and in every case where all the fellows resident within fifty miles of Sydney shall have had notice by post addressed to his then or last known place of abode of the time and place of the intended meeting any five fellows shall constitute a meeting of the council and the votes and proceedings of the majority at any such meeting shall be taken and accepted as the votes and proceedings of the council. 3. No temporary vacancy or vacancies in the number of fellows of the college shall be deemed in any way to affect the constitution of the college. 4. Three fellows of the college shall retire every year at the annual meeting of the college constituency to be held at such time as may be appointed in the by- laws of the college to be made as hereinafter provided one of whom shall be a minister and two shall be laymen but such retiring fellows shall be eligible for re-election Members of the college constituency qualified as hereinafter provided may be nominated before the annual meeting as candidates for such vacancies in manner hereinafter provided And if the persons nominated are less than or equal in number to the vacancies the chairman of the annual meeting shall declare such persons duly elected But if the persons nominated exceed the vacancies a ballot shall be taken as hereinafter provided And the chairman of the meeting shall declare elected the members having the majority of votes In the event of no persons being nominated or the number of persons nominated being less than the number of vacancies the council shall at its next meeting appoint some member or members of the college constituency duly qualified as above to fill such vacancy or vacancies so left unprovided for Vacancies by death or disqualification shall be filled up either at the annual meeting or at a special meeting to be called for the purpose by the council after nomination in manner provided below Nomina- tions in writing signed by two persons possessing the right to vote must be left at the office of the secretary not less than ten days previous to the annual meeting 248 CAMDEN COLLEGE. 39 ViCTOKiA. Should the nominations be equal in number to the vacancies the parties nominated if eligible for election shall be declared to be elected at the annual meeting Should the nominations be more in number than the vacancies a ballot shall be taken in the usual way. 5. The council shall arrange the order of retirement of the present fellows and thereafter persons elected as hereinbefore provided shall be elected in the place of the fellows whose seats are vacant by reason of retirement death or disquali- fication. 6. The council shall when they shall think fit appoint a warden of the college who shall be an Independent or Congregationalist and who shall have the control of the students under the regulations of the council The warden shall have a seat and vote at the meetings of the council but shall not be a fellow and shall not be one of the five necessary to form a quorum at the meetings of the council as here- inbefore provided The council shall have power to remove or suspend the warden as well as all other ofiicers of the college and to divide and delegate his duties until such appointment or during any vacancy caused by his death resignation suspension or removal. 7. The council of the college shall have power from time to time to make and establish all such by-laws and rules for carrying into efifeot the objects of the said college as to the said council shall seem expedient and such laws and rules from time to time to alter and revoke or to substitute others in their place Provided always that every such by-law and rule shall be approved by a meeting of the college constituency specially convened for the purpose. 8. The members of the college called herein " the college constituency " shall consist of all donors to the foundation fund Donors to any endowment fund or building fund subscribers of ten pounds and upwards in one sum for general pur- poses called life members and annual subscribers of ten shillings and upwards and shall have the right to be present and take part in the annual meeting and all special meetings of the college constituency. 9. All questions at the meetings of the college constituency shall be decided except as herein provided by show of hands but any three of the college con- stituency may demand a ballot thereon before the declaration of the chairman of any such meeting has been made and at every ballot whether for elections as hereinbefore provided or otherwise the vote shall be according to the following scale :— Donors to the foundation fund donors to any endowment fund or building fund and life members Having subscribed sums of £10 and under £25 one vote „ ,, £25 ,, £50 two votes „ „ £50 „ £100 three „ £100 „ £300 four „ £300 „ £1000 five „ „ ,, £1000 and upwards ten And annual subscribers of six months standing — Sums of £1 and under £5 5s. one vote ,, £5 5s. and upwards two votes Provided that no member of the college constituency shall have more than ten votes in all and that Independent or Congregational ministers shall each have votes as above by payment of one-half of the above donations or annual subscriptions And provided further than no annual subscriber shall have any vote at any ballot unless his subscription shall have been paid before the end of the financial year previous to the meeting at which such ballot shall be taken In case of equal votes on any question the chairman of any annual meeting or special meeting shall have a casting vote In addition to his own vote And the declaration of the chairman of such meeting as to the result of any show of hands voting or ballot shall be final. 10. No member shall be allowed to vote by proxy unless he reside more than ten miles from Sydney and no person shall vote as proxy or attorney for a member unless he himself be a member. 11. The above regulations shall not be altered or repealed except at ameeting of the college constituency specially called for such purpose and then only by consent of two-thirds of the members voting in the manner prescribed above. 12. In the construction of the regulations of the college except where there is anything in the subject or context repugnant to such construction the term "the CAMDEN COLLEGE. 249 Council" shall he held to mean the council of Camden College words importing 39 Victoria, the singular number only shall include the plural number and words importing the masculine gender only shall include females. SCHEDULE " A " (tO THE DECLARATION OF TRUST). All that piece of land situated at Newtown parish of Petersham county of Cum- berland and colony aforesaid containing eight acres two roods and thirteen perches or thereabouts commencing at the intersection of the Newtown Road with Camp- bell-street and bounded on the south-east by last-named street bearing south- westerly six hundred and ninety feet on the south-west by a line bearing north- westerly six hundred and eighty-two feet on the north-west by a line bearing north-easterly four hundred and twenty-eight feet to Station-street on the north- east by that street bearing south-easterly about three hundred and fifty-six feet to the termination of last-mentioned street again on the north-west by that termination and a continued line bearing north-easterly about two hundred and seventy-two feet to the Newtown Road and again on the north-east by that road bearing south- easterly three hundred and thirty-three feet six inches to the point of com- mencement. schedule "b " (to the declaration of trust). Declaration of Faith appended to the model trust deed approved of by the Congregational Union of New South Wales at the session held on the twenty- second day of October one thousand eight hundred and sixty-nine — 1. The existence of one only God Father Son and Holy Spirit 2. The fall of man from a sinless state into one of sin and death 3. The incarnation of the Divine Word as our Lord and Saviour Jesus Christ Son of God and Son of Man His sufferings and death as a propitiation for the sins of the world and the salvation by grace through faith of all who believe in Him 4. The necessity of the influence of the Holy Spirit for the restoration of man to holiness and life 5. The moral responsibility of man and the unlimited nature of the provisions and invitations of the Gospel 6. The Divine Inspiration of Holy Scripture in the Old and New Testaments and its supreme authority as the rule of faith and practice 7. The immortality of the soul the resurrection of the dead and the final judgment with its eternal consequences 8. The exclusive right of every Church to manage its own affairs 9. The baptism of infants and of adult believers who were not baptised in infancy 10. The open confession of the name of the Lord Jesus Christ in the celebration of the Lord's Supper according to His command 11. The apostolic institution in the churches of two offices for their spiritual oversight and the administration of their temporal affairs namely that of presbyters or bishops and that of deacons. Now we the undersigned trustees and we the undersigned members of the council of Camden College do hereby respectively declare that the land and hereditaments in the schedule A referred to are held upon the trusts and purposes subject to the regulations herein declared or referred to. {Here follow the signatures of the Trustees erson who has already become or at any time or times hereafter shall or may in the manner provided by and subject to the rules regulations and provisions contained in the said indenture or deed of settlement become holder of shares of or in the capital for the time being of the said Company shall for the purpose aforesaid but subject nevertheless to the conditions restrictions regulations and provisions hereinafter contained be one body politic and corporate in name and in deed by the name of " The City Bank" and by that name shaU and may sue any person or persons body or bodies politic or corporate whether a member or members of the said Company or not and may be sued implead and be impleaded in all Courts whatsoever at law or in equity and may prefer lay and prosecute any indictment information or prosecution against any person or persons whomsoever for any stealing embezzlement fraud forgery crime or offence and in all indict- ments informations and prosecutions it shall be lawful to state themouey and goods effects bills notes securities or other property of whatso- ever nature of the said Company to be the money goods effects bills notes securities or other property of the said Company and to designate the said Company or co-partnership 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 Company CITY BANK. 287 shall have perpetual succession witli a common seal which may be "27 Victoku. altered varied and changed from time to time at the pleasure of the said Company. 3. The several laws rules regulations clauses covenants and agree- Confirmation of ments contained in the said indenture or deed of settlement or to be deed of'settie- made under or by virtue or in pursuance thereof are and shall be "J™* "■^ by-laws deemed and considered to be and shall be the by-laws for the time subjort totSs^ being of the said corporation save and except in so far as any of them f"e*(,™?iaws are or shall or may be altered varied or repealed by or are or shall or may be inconsistent or incompatible with or reijugnant to any of the provisions of this Act or of any of the laws or statutes in force in the said Colony subject nevertheless to be and the same may be amended altered or repealed either wholly or in part in the manner provided in and by the said indenture or deed of settlement but no rule or by-law shall on any account or pretence whatsoever be made by the said Company either under or by virtue of the said indenture or deed of settlement or of this Act in opposition to the general scope or true intent and meaning of the said deed of settlement or of this Act or any of the laws or statutes in force in the said Colony. 4. The production of a written or printed copy of the said deed of Evidence of by- settlement or of any by-laws to be made in pursuance thereof or in '"™' pursuance of this Act having the common seal of the Company affixed thereto shall be sufficient evidence in every Court of civil or criminal jurisdiction of such deed of settlement or of such by-laws. 5. When and so soon as the sum of two hundred thousand pounds Commencement being the capital of the said Company shall have been (if the same has general business, not already been) subscribed for and a moiety thereof paid as herein- after required but not before it shall be lawful for the said Company to act as aforesaid subject to all the restrictions and provisions herein contained and as such Company to carry on the business of a bank of issue discount and deposit in the Colony of New South Wales and elsewhere and to make loans of money on cash credit accounts pro- missory-notes bills of exchange or letters of credit or on pledges of merchandise or warrants orders or bonded warehouse certificates for the delivery or transfer of goods or merchandise and on other securities of like nature or on personal security and it shall also be lawful for the said Company to deal in money bullion specie gold silver and exchanges of and with all countries and in notes bills or other securities for money and generally to transact all such other business as it is or shall or may at any time hereafter be usual and lawful for establishments earryiug on banking in all its branches to do or transact including therein the dealing in money bullion or specie or gold silver or in notes bills or loans and to establish agencies branch banks or connexions in relation to the said business in any part of the British dominions or elsewhere and to give letters of credit on agents branch banks and banking connexions abroad but that it shall not be lawful for the said Company to advance or lend any money upon the security of lands or houses or ships nor to own ships and the said Company shall not hold shares in its own stock nor advance or lend to any shareholder or pro- prietor of shares in the said Company any sum or sums of money on the security of his share or shares nor invest lay out employ advance or embark any part of the capital or funds of the said Company in the purchase of any lands houses or other real or leasehold property what- soever (save and except as herein specially provided) nor of any share 288 CITY BANK. 27 Victoria, or shares in the capital stock for the time being of the said Company nor in any trading or mercantile speculation or business whatsoever not usually considered as falling within the ordinary and legitimate purposes and operations of banking establishments Provided always that nothing herein contained shall invalidate any lien acquired or to be acquired by the said bank by way of equitable mortgage upon any deposit of deeds or other documents as collateral security nor any right claim or title to lands or other property by virtue of any mortgage of lands or other property taken or to be taken by the said corporation or any person, or persons on their behalf as security collateral to any bill pro- missory-note bond or other security or any right claim or title to lands or other property hence to arise under the jurisdiction or administration of any Court or Courts of Equity Bankruptcy or Insolvency under the rules of law or Equity touching the right of creditors holding such securities the lien secured by the deed of settlement to the Company over the shares belonging to any shareholder becoming indebted or coming under engagements to the Company or making default in the fulfilment of any covenant in the said deed of settlement contained or to prevent the Company from holding the shares forfeited by such default for the purpose of sale as provided in the said deed of settlement And pro- vided further that nothing herein contained shall be taken or construed to prevent the said Company from taking security by the hypothecation of merchandise or bills of lading for the payment of any bill or bills of exchange drawn against any shipment of merchandise shipped for exportation either to or from any port or place beyond the sea or from one port to another within the Australasian territories or from taking any mortgage or lien on any stations runs sheep or cattle their increase progeny wool and other produce under the Acts of the Colonial Legis- lature for that purpose made and provided or from taking holding and enjoying to them and their successors for any estate term of years or interest for the purpose of reimbursement only and not for profit any lands houses or other hereditaments or any merchandise or ships which may be taken by the Company in satisfaction liquidation or discharge of any debt due or to become due to the Company or from selling con- veying and assuring the same as occasion may require And it is here- by declared that all such liens mortgages rights claims and holding shall be valid accordingly. 6. It shall not be lawful for the said Company to commence or carry on the said business of banking as a corporation under or by virtue of this Act unless or until the whole of the said capital of two hundred thousand pounds shall have been subscribed for and a moiety or half part at the least of such sum of two hundred thousand pounds shall have been actually paid up and that the whole of the said capital if not already subscribed shall be subscribed for within the space of six sub«cri'"tion3 '""^ Calendar months to commence and be computed from the period when and payments, this Act shall come into operation and the whole of the said sum of one hundred thousand pounds if not already paid shall be paid up within the space of one year to be computed as aforesaid. 7. It shall be lawful for the said Company for and during the term of twenty-one years to commence from the time of the passing of this Act or until the Legislature shall make other provisions in that behalf in case the whole of the said capital shall then have been subscribed for and a moiety thereof paid as aforesaid and if not then from the time when the whole of the said capital shall have been subscribed for Business not to be commenced until wliole original capital subscribed for and a moiety paid up. Power to issue and circulate bank notes during twenty- one years. CITY BANE. 2S9 and such moiety thereof paid as aforesaid unless the said Company be 27 Victoria. sooner dissolved by virtue of the provisions of the said deed of settle- ment in that behalf to make issue and circulate at and from any city town or place in which they may have opened or established any bank branch bank or agency under or by virtue of this Act or of the said indenture or deed of settlement any bank notes or bills for one pound or five pounds sterling each or for any greater sum than five pounds sterling each but not for any fractional part of a pound and from time to time during the said term of twenty-one years to reissue any such notes or bills when and so often as the corporation shall think fit but such privilege shall cease in case of a suspension of specie payments on demand for the space of sixty days in succession or for any number of days at intervals which shall amount together to sixty days within any one year or in case the said Company shall not well and truly maintain abide by perform and observe all and every the rules orders provisions and directions herein contained and set forth upon which the said Company is empowered to open banking establishments or to issue and circulate promissory-notes, (a) 8. All such notes shall bear date at the city town or place at and Form of bank from which the same respectively shall be made and issued and the "°*°^' same respectively shall in all cases be payable in specie on demand at the place of date and also the principal establishment of the Company at Sydney and the total amount of the promissory-notes payable on demand issued and in circulation within, the Colony of Xew South Limitation of Wales may extend to but shall not at any one time exceed the amount '^™''' of its actual paid-up capital and any such further amount in excess of the said capital as the Company shall hold in coin or bullion within the said Colony. 9. No branch bank nor any establishment or agency of the said Only the pnnoi- Company other than and except the principal banking establishment menTrequSd shall be liable to be called upon to pay any notes of the said Company to pay notes other than and except such as shall have been origina.lly made and pUces than those issued at or from such particular branch bank or establishment or °' presentation, agency. 10. It shall be lawful for the said Company from time to time to increase of extend or increase their capital for the time being by the creation ™^' " " allotment of and disposal ojt new shares in the manner specified and set forth and subject to the rules regulations and provisions contained in the said indenture or deed of settlement. 11. The total amount of all the new shares to be so from time to J^f"J^''°"' j^ time created shall not together with the original capital exceed five capital. hundred thousand pounds and no such extension or increase in the capital of the said Company shall be made or take place without the previous sanction and approbation in writing of the Grovernor for the time being of the said Colony from time to time and for that purpose first had and obtained and at least half the amount of the increased capital shall be actually paid up before any extension of the dealings of the said Company in respect to such new capital shall be commenced and until half of such new capital shall be so paid up the dealings and affairs of the said Company shall be carried on in the same manner in all respects as if such extension of capital had not taken placa. 12. The capital or joint stock for the time being and all the funds °^rj*fj^°^g and property of the said Company and the several shares therein and personal. the profits and advantages to be derived thersfrom shall be and be (a) Vide Sec. 1 of City Pank Act, 4S Yi?. 290 CITY BANK. 27 Victoria, deemed personal estate and be transmissible accordingly subject to the regulations of the said indenture or deed of settlement. Corporation not 13. Tbe Company shall not be bound in any manner by any trusts trast^oi°equS™ 01' equitable interests or demands affecting any stare or shares of the able interests capital standing in the name of any person or persons as the ostensible affcctinb shares. pi,Qpj.igf;Qj, thereof or be required to take any notice of such trusts or equitable interests or demands but the receipt of the person or persons in whose name or names the shares shall stand in the books of the Company shall notwithstanding such trusts or equitable interests or demands and notice thereof to the said Company be a good valid and conclusive discharge to the Company for or in respect of any dividend or other money payable by the said Company in respect of such shares and the Company shall not be bound to see to the application of the money paid on such receipt and transfer of the said shares by the person or persons in whose name or names such shares shall so stand shall notwithstanding as aforesaid be binding and conclusive as far as may concern the said Company against all persons claiming by virtue of such trusts or equitable interests or demands Provided always that it shall be competent to the Board of Directors of the said Company if they shall think fit so to do to withhold payments of the dividends on any such shares and to refuse to sanction the transfer of such shares in any case in which the said Company shall have had notice of any claims under an alleged trust or equitable interest or demand and when such claim shall appear to the said board of directors to be well founded And provided also that nothing herein 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 Company in respect of any such shares or the transfer by the Company in respect of any such shares or to direct the payment of such dividends or other money by the Company or the transfer of such shares by the pierson or persons in whose name or names they may stand to such other person or persons as such Court may think fit. Limited power 14. It shall be lawful for the said Company notwithstanding any fand?&™'^'^°^'^ statute or law to the contrary and notwithstanding any clause or provision herein contained to purchase take hold and enjoy to them and their successors for any estate term of years or interest any houses offices buildings lands and other hereditaments necessary or proper for the purpose of managing conducting and carrying on the affairs con- cerns and business of the said Company and also to take and to hold until the same can be advantageously disposed of for the purpose of reimbursement only and not for profit any lands houses and other real estate merchandise and ships which may be so taken by the said Company in satisfaction liquidation or discharge of any debt due to the Com- pany or as security collateral to any bill or promissory-note or in security for any debt or liability bond fide incurred or come under previously and not in anticipation or expectation of such security but not for any other purposes and to sell convey assign assure and dispose of such houses oifices buildings lands hereditaments and other real estate merchandise and ships as occasion may require. Power to other 15. It shall and may be lawful to and for all and every person and vey ?eai'e° tat"' persous bodics politic or corporate not being otherwise incompetent to to the Company grant seU alien and convey assign assure and dispose of unto and to the use of the said Company and their successors for the purposes CITY BANK. 291 aforesaid or any of them any sucli houses offices lands hereditaments 27 Victobia. and other real estate whatsoever as aforesaid accordingly. 16. The total amount of the debts engagements and liabilities of the Amount to said Company within the Colony of New South "Wales whether upon nabmtfeTto be bonds bills promissory -notes or otherwise contracted other than their limited, liabilities on account of the ordinary cash deposits of customers and on account of bills of exchange drawn by or on behalf of the said Company upon any banker or bankiag Company or agency in the United Kingdom of Grreat Britain and Ireland within the amount or value of the remit- tances made to such banker or banking Company respectively to provide for payment of the said bills of exchange may extend to but shall not in any case exceed three times the amount of actual paid-up capital stock of the Company. 17. Por the purposes of this Act unassayed gold shall be deemed to Unassayed gold be " bullion" and in the accounts, of the said Company and in the "^tSuon." statements and general abstracts of the assets and liabilities which are required by law to be made out and published it shall be lawful for the said Company to include the same when melted into ingots under the name of " bullion." 18. AH debentures issued or which may hereafter be issued by the what deemed G-overnment of any of the Australian Colonies such debentures being pubi"= securities. secured upon the general territorial or casual revenues of the Colony where the same are or shall be issued and every public debt contracted or which may hereafter be contracted by the Grovernment of any such Colony under the authority of the Legislature thereof shall be deemed and taken to be public securities within the meaning of this Act. 19. The discounts and advances by the said Company on securities Limits to dis- bearing the name of any one director or other officer thereof as maker gg^^tiea bear- drawer acceptor or indorser shall not at any time exceed in amount ing the name of one-third of the total advances and discounts of the said Company and offloer?"^ °^ the said Company shall not discount or in any way advance money upon bills of exchange promissory-notes or other negotiable instru- ments ia or upon which the name of any director or officer of the said Company shall appear as drawer acceptor or indorser on his individual or separate account or jointly with any partner or partners of any firm of which the said director shall be a member or otherwise than as a director or officer of the said Company to an amount exceeding one-third of the amount for the time being under discount or advanced by the said Company. 20. No dividend shall in any case be declared or paid out of the sub- No dividend to scribed capital for the time being of the said Company or otherwise the*capitaibut' than out of the net gains and profits of the business. from the profits 21. Periodical accounts or statements and general abstracts of the periodical assets and liabilities of the said Company shall be prepared made out aoc'(f^tg'and and published according to the provisions of the Act of the Grovernor abstracts to be and Council passed in the fourth year of the reign of Her present puwiahed.*"'* Majesty intituled An Act to provide for the periodical publication of i vie. No. is. the liabilities and assets of Banks in New South Wales and its depen- dencies and the registration of the names of the proprietors thereof. 22. G-eneral half-yearly meetings of the proprietors of the capital of Auditora to be the Company shall be held in the respective months of January and ^ examine™ July in every year and at one of such meetings in every year two pro- 5;J*;J|P7'°° prietors shall be elected to be auditors of the accounts of the Company company. 292 CITY BANK. 27 Victoria, for the next ensuing and within three weeks next before every such half-yearly meeting the auditors for the time being shall fully examiue into the state of the accounts and affairs of the Company and shall make a just true and faithful report thereon which shall be sub- mitted by them to the directors of the Company one week previously to such meeting and which shall be by such directors submitted to the proprietors at every such meeting and the said auditors shall and they Duplicate of are hereby required to make a declaration before a Justice of the Peace to be°s?rit toThe that such' report is to the best of their several and respective knowledge Colonial Secre- and belief a just true and faithful report and statement of the accounts '^' and affairs of the Company and that the same is made by them after diligent and careful examination into the state of such accounts and affairs and a duplicate copy of such report signed by such auditors and every other report (if any) which shall be made to the shareholders at any half-yearly or other general meeting by such auditors or by any other auditors specially appointed to inquire into the state of the accounts or affairs of the Company shall be transmitted to the office of the Colonial Secretary at Sydney for inspection thereof within thirty days from the making of such report. Penalty for 23. If such examination into or report on the state of the accounts respect S Or affairs of the Company as hereinbefore required to be made by audits. auditors shall be neglected to be made or if a duplicate copy of any such report shall be omitted to be transmitted to the office of the Colonial Secretary as hereinbefore required the said Company shall for every such offence forfeit and pay to Her Majesty for the public uses of the Colony the sum of one hundred pounds to be recovered by action of And for false or ^g^jt in the Supreme Court And if any such auditors shall at any time ecep i\erip r jj^p^|^g]^y make or concur in a false or deceptive report on the state of the accounts or affairs of the Company such auditor shall for every such offence forfeit and pay to Her Majesty for the public uses of the Colony the sum of two hundred pounds to be recovered in the said Supreme Court and if any such auditor shall make a declaration to any such false or deceptive report knowing the same to be false and decep- tive he shall be deemed guilty of perjury and shall be liable to all the pains and penalties provided by the law for such offence. Provision asto 24s. In any action or suit to be brought by the said Company against lor'caiis'.'^ ^"'^^ ^''W proprietor or proprietors of any share or shares in the capital of the said Comi^any to recover any sum or sums of money due and payable to the said Company for or by reason of any call or calls made by virtue of this Act or of the said indenture or deed of settlement it shall not be necessary to prove the special matter but it shall be sufficient for the said Company to declare and allege that the defendant or defendants being a proprietor or proprietors of such or so many share or shares in the capital of the said Company is or are indebted to the said Company in such sum or sums of money as the call or calls in arrear shall amount to for such and so many call or calls of such or so many sum or sums of money upon such or so many share or shares belonging to the said defendant or defendants (as the case may be) whereby 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 directors or any of them who made such call or calls or any other matters except that the defendant or defendants for the time of making such calls was or were a proprie- tor or proprietors of some share or shares in the capital of the said CITY BANK. 293 Company and tliat suci. call or calls was or were in fact made and that 27 Viotoeia. such, notice thereof was given as is directed by the said indenture or deed of settlement and the said Company shall thereupon be entitled to recover what shall be due upon such call with interest thereon. 25. The production of the Shareholders' Eegister Book shallhe prima Proof of pro- facie evidence of such defendant being a shareholder and of the number p""*""^^ 'p- of his shares. 26. Nothing herein contained shall prejudice or be deemed to Caiis contracts prejudice any call made or any contract or other act deed matter or under'ttie°de^ai'° thing entered into made or done by the said Company under or by of settlement virtue of the said indenture or deed of settlement before this Act shall in operation not come into operation but the same call contract act deed matter or thing *" ^.^ prejudiced shall be as valid and effectual to all intents and purposes as if this Act ^ ' ' had not been passed and may be enforced in like manner as if the said Company had been incorporated by this Act before the same call contract act deed matter or thing had been made entered into or done. 27. In the event of the assets of the said Company being insuiEcient Limit of liabiii- to meet its engagements then and in that case the shareholders shall be *'^'- responsible to the extent of twice the amount of their subscribed shares only (that is to say) for the amount subscribed and for a further additional amount equal thereto. 28. The directors for the time being shall have the custody of the Custody and use common seal of the said Company and the form thereof and all other of corporate seal, matters relating thereto shall from time to time be determined by a Board of Directors of the said Company in the same manner as is pro- vided in and by the said indenture or deed of settlement for the deter- mination of other matters by the Board of Directors of the said Com- pany 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 authorize and empower any person without such seal to execute any deeds and do all or any such other matters and things as may be required to be executed and done on behalf of the Company and in conformity with the provisions of the said deed of settlement and of this Act but it shall not be necessary to use the corporate seal in respect of any of the ordinary business of the Company or for the appointment of an attorney or solicitor for the prosecution or defence of any action suit or proceeding. 29. Provided always and be it enacted That nothing in this Act con- Saving therights tained shall be deemed to affect or apply to any right title or interest of an?of other '^' Her Maiesty her heirs or successors or of any body or bodies politic persons not ■* , '' f. 1 1 1 T i-i ■ mentioned in or corporate or of any person or persons except such bodies politic or this Act. corporate and other persons as are mentioned in this Act and those claiming by from or under them. 30. This Act shall be deemed and taken to be a public Act and shall Act to be deemed be judicially taken notice of as such by the Judges of the Supreme ^ ^"'''"' ° ' Court of New South "Wales and by all other Judges Justices and others within the Colony of New South "Wales and its dependencies without To be cited as heing specially pleaded and the same whenever cited shall be sufficiently "jf^city Bank described as the City Bank Act. 294 CITY BANK— CLx\.REjSJ"CE & NEW ENGLAND S.N. CO. 48 Victoria. An Act to continue for a further term of twenty-one years tlie provisions of the City Bank Act wherehy the City Bank as thereby incorporated was em- powered to make issue circulate and reissue Bank Notes or Bills. [19 August, 1884.] Preamble. 11/ HEEEAS by the terms of the seventh section of the City Bank W Act the provisions therein contained for empowering the City Bank to make issue circulate and reissue bank notes or bills in manner therein provided v?"ere thereby limited to a term of twenty-one years to commence as therein mentioned And whereas the said term of twenty- one years will shortly expire and it is expedient to continue the said provisions for a further period of twenty-one years 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 powers conferred upon the City Bank by the seventh section of the City Bank Act shall subject to the provisions in the said Act contained be and are hereby extended and shall continue and remain in force for a further term of twenty-one years from the passing of this Act. Short title. 2. This Act may be cited as the " City Bank Act Extension Act of 1884." City Bank Act extended. CLAEENOE AND NEW ENGLAND STEAM NAVIGATION COMPANY. Preamble. 29V1CTOE1A. An Act to incorporate the proprietors of a certain Company called "The Clarence and New England Steam Navigation Company" and for other purposes therein mentioned. [7 April, 1866.] (a) WHEfiEAS a Joint Stock Company called the Clarence and New England Steam Navigation Company has been lately established at Q-rafton Clarence Eiver in the Colony of New South Wales under and subject to the rules regulations and provisions contained in a certain indenture or deed of settlement bearing date the eighteenth day of April one thousand eight hundred and sixty -five purporting to be a deed of settlement of the said Company And whereas by the said indenture or deed of settlement the several parties thereto have respectively and mutually covenanted and agreed to be and continue (until dissolved under the provisions in that behalf therein contained) a Joint Stock Company or partnership under the name style and title of the Clarence and New England Steam Navigation Company for the purpose of carrying on the business of trading with steam and other (a) Vide Clarence and New England Steam Navigation Company's Act Amend- ment Act of 1878, 41 Vic. CLAEENCE AND NEW ENGLAND S.N. COMPANY. 295 vessels to and from the Clarence Eiver and Sydney in the said Colony and 29 Viotokia. to and from other ports and places with full power to the directors for the time being of the said Company to engage hire build or purchase suitable premises for the carrying on of all such operations and works and from time to time to hire and employ aU necessary agents clerks of&cers apprentices and servants And whereas it was by the said indenture or deed of settlement further agreed that the capital of the said Company should consist of thirty thousand pounds to be contributed in six thousand shares of five pounds each and of such further sum not exceeding the sum of seventy-five thousand pounds as a majority in number and value of the shareholders for the time being might determine to be raised by the creation and allotment or sale of new shares of the like amount as therein provided And whereas by the said indenture or deed of settlement provision has been made for the payment of dividends and for the disposal and application of the profits and also for the due management of the affairs of the said Company And whereas the said Company is desirous of being incorporated accordingly but subject to the provisions hereinafter contained Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South "Wales in Parliament assembled and by the authority of the same as follows : — 1. Such and so many persons as have already become or at any time company or times hereafter shall or may in the manner provided by and subject incoTorated. to the rules regulations and provisions contained in the said indenture or deed of settlement become proprietors of thares of or in the capital for the time being of the said Company shall for the purposes afore- said but subject nevertheless to the conditions restrictions regulations and provisions hereinafter contained be one body politic and corporate in name and in deed by the name of the Clarence and New England Steam Navigation Company and by that name shall and may sue any person or persons body or bodies politic or corporate whether a member or members of the said corporation or not and may be sued implead and be impleaded in all Courts whatsoever at law and in eq[uity and may prefer lay and prosecute any indictment information and prosecu- tion against any person or persons whatsoever for any stealing embezzle- ment fraud forgery crime or offence and in all indictments informations and prosecutions it shall be lawful to state the money and goods effects bills notes securities or other property of the said Company to be the money goods effects bills notes securities or other property of the said corporation and to designate the said Company or co-partnership by its corporate name whenever for the purpose of any allegation of an intent to defraud or otherwise however such designation shall be necessary and the said corporation shall have perpetual succession with a common seal which 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 con- Conflrmation of tained in the said indenture or deed of settlement or to be made under Seed ci°"^ ° or by virtue or in pursuance thereof are and shall be deemed and con- ?,''**'jf™/°'t^e sidered to be and shaU be the by-laws for the time being of the said company corporation save and except in so far as any of them are or shall or may ^^ and the'''^ be altered varied or repealed by or are or shall or may be inconsistent general laws. or incompatible with or repugnant to any of the provisions of this Act or of any of the laws or statutes now or hereafter to be in force in the 296 CLAEENCE AND NEW ENGLAND S.N. COMPANY. Capital and shares to be personalty. Corporation not bound to notice trusts or equitable interests affecting shares. 29 Victoria, said Colony subject nsvertheless to be and tlie same may be amended altered or repealed either wholly or in part in the manner provided in and by the said indenture or deed of settlement but no rule or by-law shall on any account or pretence whatsoever be made by the said cor- poration either under or by virtue of the said indenture or deed of settlement or by this Act in opposition to the general scope or true intent and meaning of the said indenture or deed of settlement or of this Act or of any of the laws or statutes in force for the time being in the said Colony. Increase ot 3. It shall be lawful for the said corporation from time to time to capital. extend or increase their capital for the time being by the creation allotment and disposal of new shares in the manner specified and set forth and subject to the rules regulations and provisions contained in the hereinbefore in part recited indenture or deed of settlement but so nevertheless that the total amount of all the new shares to be so from time to time created shall not together with the original capital exceed seventy -five thousand pounds. 4. The capital or joint stock for the time being and all the funds and property of the said corporation and the several shares therein and the profits and advantages to be derived therefrom shall be and be deemed personal estate and be transmissible accordingly subject to the regula- tions of the said indenture or deed of settlement. 5. The corporation shall not be bound in any manner by any trusts or equitable interests or demands affecting any share or shares of the capital standing in the name of any person or persons as the ostensible proprietor thereof or be required to take any notice of such trusts or equitable interests or demands but the receipt of the person or persons in whose name or names the share shall stand in the books of the cor- poration 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 said corporation for or in respect of any dividend or other money payable by the said corporation in respect of such shares and a transfer of the said shares by the person or persons in whose name or names such shares shall so stand shall notwithstand- ing as aforesaid be binding and conclusive as far as may concern the said corporation against all persons claiming by virtue of such trusts or equitable interests or demands Provided always that nothing herein 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 othermoney payable thereafter bythesaidcorporationin respect of any such shares or the transfer thereafter of any such shares or to direct the payment of such dividends or other money by the said corporation or the transfer of such shares by the person or persons in whose name or names they may stand to such other person or persons as such Court may think fit. Limited power G. It shall be lawful for the said corporation notwithstanding any laiSs Ac?* ''"'^ statute or law to the contrary and notwithstanding any clause or pro- vision herein contained to purchase take hold and enjoy to them and their successors for any estate term of years or interest any houses offices buildings lands and other hereditaments necessary or proper for the purpose of managing conducting and carrying on the affairs concerns and business of the said corporation and also to take hold and enjoy all houses offices buildings lands and hereditaments held by the said Company before the passing of this Act and also take and to hold CLAEENCE AND NEW ENGLAND S.N. COMPANY. 297 until tte same can be advantageously disposed of for the purpose of 29 Victokia. reimbursement only and not for profit any lands houses and other real estate which may be so taken by the said corporation in satisfaction liquidation or discharge of any debt due to the said corporation or in security for any debt or liability hond fide incurred or come under previously and not in anticipation or expectation of such security but not for any other purposes and to sell convey assign assure and dispose of such houses of&ces buildings lands hereditaments and other real estate as occasion may require. 7. It shall and may be lawful to and for all and every person or Power to other persons bodies politic or corporate who are or shall be otherwise com- vly^™al estate' to patent to grant sell alien and coavey assure and dispose of unto and to 'he corporation. the use of the said corporation and their successors for the purposes aforesaid or any of them any such houses offices lands hereditaments and other real estate whatsoever as aforesaid accordingly. 8. No dividend or bonus shall in any case be declared or paid out of No dividend to ■ the subscribed capital for the time being of the said corporation or the'capita°'but* otherwise than out of the net gains and profits of the business. from the profits 9. In any action or suit to be brought by the said corporation provisions as to against any proprietor or proprietors of any share or shares in the foJ'™fig°and'ln- capital of the said corporation to recover any sum or sums of money staiments. due and payable to the said corporation for or by reason of any instal- ment or instalments call or calls made by virtue of this Act or of the said indenture or deed of settlement it shall be sufficient for the said corporation to declare and allege the defendant or defendants being a proprietor or proprietors of such or so many share or shares in the capital of the said corporation is or are indebted to the said corpo- ration in such sum or sums of money as the instalment or instalments call or calls in arrear shall amount to for such and so many instalment or instalments call or calls of such or so many sum or sums of money upon such or so many share or shares belonging to the said defendant or defendants (as the case may be) whereby an action hath accrued to the said corjDoration without setting forth any special matter and on the trial of such action or suit it shall not be necessary to prove how or in what manner such instalment or instalments call or calls became or where made payable or any other matter except that the defend- ant or defendants was or were a holder or proprietor or holders or proprietors of one or more share or shares in the capital of the said corporation and that such instalment or instalments call or calls was or were in fact due and that the time fixed for the payment thereof was given as is directed by the said indenture or deed of settlement and the said corporation shall thereupon be entitled to recover what shall appear due. 10. Nothing herein contained shall prejudice or be deemed to pre- caiis and instai- judice any instalment due contract or other act deed matter or thing ^^madToT"'^ entered into made or done by the said Company under or by virtue of done under the the said indenture or deed of settlement before this Act shall come mH?tbefore'this into operation but the same instalment call contract act deed matter Act in operation or thing shall be as valid and effectual to all intents and purposes as diced°by S^''"' if this Act had not been passed and may be enforced in like manner as if the said Company had been incorporated before the same instal- ment call contract act deed matter or thing had been made entered into or done. 298 CLAEElSrCE AND NEW ENGLAND S.N. COMPANY. 29 Victoria. Limit of liabili- ties. In what matters corporate seal not required to be used. Saving the rights of Her Majesty and other per- sons not men- ■tioned in this Act. 11. In the event of the assets of the said corporation being insuf- ficient to meet its engagements then and in that ease the shareholders respectively shall in addition to the amount of their subscribed shares in the capital of the said Company be responsible to the extent only of a sum equal to the amount of their said shares. 12. It shall not be necessary to use the corporate seal iu respect to any of the ordinary business of the Company or for the appointment of an attorney or solicitor for the prosecution or defence of any action suit or proceeding and any person duly authorized and empowered under the corporate seal may without such seal execute any deed and do all such other acts matters and things as may be required to be exe- cuted and done on behalf of the said corporation and in conformity with the provisions of the deed of settlement and of this Act. 13. Nothing in this Act contained shall be deemed to affect or apply to any right title or interest of Her Majesty her heirs or successors or of any body or bodies politic or corporate or of any person or persons except such bodies politic or corporate and other persons as are men- tioned in this Act and claiming by from or under them. Preamble. 41 Victoria. An Act intituled An Act to make preferential three thousand one hundred and seventy-five unallotted shares of five pounds each in the capital of the Clarence and New England Steam Navigation Com- pany. [5 April, 1878.] WHEEEAS a Joint Stock Company called the Clarence and New England Steam Navigation Company was duly incorporated by an Act of the Legislature of New South "Wales passed in the twenty- ninth year of Her present Majesty's reign and intituled An Act to incorporate the Proprietors of a certain Company called the Clarence and New England Steam Navigation Company and for other purposes therein mentioned And whereas by the deed of settlement of the said Company it was provided that the capital of the said Company should be thirty thousand pounds divided into six thousand shares of five pounds each And whereas only two thousand eight hundred and twenty-five of these shares have been allotted to and taken up by the shareholders of the said Company and there remains three thousand one hundred and seventy-five of such shares unallotted And whereas with a view to induce the taking up of the said three thousand one hundred and seventy-five unallotted shares the directors of the said Company have been duly authorized by a meeting of the shareholders of the said Company duly convened and held on the twenty-fourth day of April one thousand eight hundred and seventy-seven to apply for an Act of the Legislature of New South "Wales to authorize the said directors to issue the unallotted shares and preferential shares and pre- ferentially entitled to a dividend in the manner hereafter appearing And whereas it is expedient for the well-being of the said Company and for inducing the said shareholders of the said Company and others to take up and pay for such unallotted shares that the same should be made preferential and a dividend preferentially paid thereon Be it therefore enacted by the Queen's Most Excellent Majesty by and with CLAEENCE AND RICHMOND EIVEES S.N. COMPANY. 299 tte advice and consent of tlie Legislative Council and Legislative 41 Viotoeia. Assembly of New South "Wales in Parliament assembled and by tbe autbority of tbe same as foUows — 1. The three thousand one hundred and seventy-five unallotted shares unallotted of five pounds each in the capital stock of the said Company shall be aideredpreferen- and the same are hereby declared to be preferential shares and the 'ii^'- holders of such shares as shall hereafter be paid up in full shall be entitled in the event of the dissolution or the winding up of the said Company to payment of the amount of such shares out of the assets of the said Company ia preference to the holders of the said two thousand eight hundred and twenty-five previously allotted shares. 2. During the contiauance of the said Company a dividend after the Dividend to be , J- , ° ^ , iiTi'T Tj! paid atthe rate rate or ten pounds per centum per annum shall be paid on such, prerer- ot lo percent, ential shares at every half-yearly general meeting of the shareholders of the said Company out of the net profits of the said Company if such profits be sufficient and if such profits shall not be sufficient in any half- year to pay a dividend at such rate then the same or the amount defi- cient shall be paid out of the future net profits of the Company and until so paid shall be a charge thereon. 3. ' The Act shall be styled and may be cited as the " Clarence and New Short title. England Steam Navigation Company's Act Amendment Act of 1878." CLAEENCE AND RICHMOND MVERS STEAM NAVIGATION COMPANY. An Act to incorporate the proprietors of a certain Com- 24 Victokia. pany called "The Clarence and Richmond Rivers Steam Navigation Company" and for other purposes therein mentioned. [9 May, 1861.] WHEEEAS a Joint Stock Company called the Clarence and Eich- Preamble, mond Elvers Steam Navigation Company has been lately established at Sydney in the Colony of New South "Wales under the provisions contained in a certain indenture dated the first day of January one thousand eight hundred and sixty purporting to be a deed of settlement of the said Company And whereas by the said deed of settlement the several parties thereto have respectively and mutually covenanted to be and continue (until dissolved under the provisions in that behalf therein contained) a joint stock Company under the name of the Clarence and Eichmond Elvers Steam Navigation Company for the purpose of trading with steam and other vessels between Sydney and the Clarence and Eichmond Elvers and such other places as the directors shall from time to time determine on with full power for the directors for the time being of the Company to hire build or purchase suitable premises for the carrying on the business of the Company and to let sell exchange or otherwise dispose of such premises and from time to time to appoint and remove the necessary officers agents and solicitors and to fix the remuneration of such officers and agents And whereas it was by the said deed of settlement further agreed that the capital of the Company should consist of fifty thousand pounds to be contributed in five thousand shares of ten pounds each and of such 300 CLARENCE AND EICHMOND EIVEES S.N. COMPANY. Company incorporated. 24 Victoria, additional shares as a majority of the proprietors at a general meeting at which the proprietors actually present in person or by proxy should be actually possessed of not less than three-fourths of the paid up capital might determine to be raised by the creation of and allotment or sale of new shares And whereas by the said deed of settlement provision has been made for the payment of dividends and for the disposal and application of the profits and for the formation of a reserve fund for repairs and generally for the due management of the affairs of the said Company And whereas the said Company is desirous of being incorporated but subject to the provisions hereinafter con- tained 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. Such persons as have already become or at any time hereafter shall become proprietors of shares in the capital for the time being of the said Company shall for the purpose aforesaid but subject neverthe- less to the provisions hereinafter contained be one body corporate by the name of the Clarence and Eichmond Elvers Steam Navigation Company and by that name shall and may sue any person or body corporate whether members of the said corporation or not And may be sued implead and be impleaded in all Courts whatsoever of Law and Equity And may prefer lay and prosecute any indictment informa- tion and prosecution against any person whomsoever for any crime or offence And in all indictments informations and prosecutions it shall be lawful to state the money goods bills notes securities or other property of the said Company to be the money goods bills notes securities or other property of the said corporation and to designate the said Company by its corporate name whenever for the purpose of any allegation of an intent to defraud or otherwise such designation shall be necessary And the said corporation shall have perpetual suc- cession with a common seal which may be changed from time to time at the pleasure of the said corporation. 2. The several provisions and regulations contained in the said deed of settlement or to be made in pursuance thereof are and shall be the by-laws for the time being of the said corporation except in so far as any of them are or shall or may be altered or repealed by or are or shall or may be inconsistent with or repugnant to any of the pro- visions of this Act or of any of the laws or statutes now or hereafter to be in force in the said Colony subject nevertheless to be and the same may be amended altered or repealed either wholly or in part in the manner provided by the said deed of settlement But no rule or by-law shall be made by the said corporation either under the said deed of settlement or by this Act in opposition to the general scope or true intent and meaning of the said deed of settlement or of this Act or of any of the laws or statutes in force for the time being in the said Colony. 3. It shall be lawful for the said corporation from time to time to increase their capital for the time being by the creation allotment and disposal of new shares in the manner specified and subject to the pro- visions contained in the hereinbefore in part recited deed of settlement but so nevertheless that the total amount of all the new shares to be so from time to time created shall not together with the original capital exceed one hundred and fifty thousand pounds. Provisions of deed of settle- ment to be by-laws. Increase of capital. CLAEENCE AND EICHMOND EIVEES S.N. COMPANY. 30I 4. The capital for the time being and all the funds and property of 24 Victoria, the said corporation and the several shares therein and the profits to capital and be derived therefrom shall be and be deemed personal estate and shall ^e^ona? estate be transmissible accordingly subject to the regulations of the said deed of settlement. 5. The corporation shall not be bound by any trusts or equitable corporation not interests affecting any share or shares in the capital but the person in J^'^ts^o "equw^- whose name such share shall stand in the books of the corporation able interests, shall be taken to be the absolute owner thereof to all intents and pur- poses Provided always that nothing herein contained shall be deemed or taken to interfere with or abridge the power of a Court of Equity to restrain the payment of any such dividend or other money payable thereafter by the corporation in respect of any shares or the transfer thereafter of any such shares or to direct the payment of such dividends or other money 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 notwithstanding any Power to take law to the contrary to purchase in fee-simple or for any less estate or ™J^ ^°^^ '™'^° take upon lease any suitable premises for the transaction of the business of the Company or to purchase land and erect thereon such buildings as may be necessary for such business and to let sell or exchange or otherwise dispose of any land houses and premises and to cause the same to be assured accordingly. 7. No dividend or bonus shall in any case be declared or paid out of No dividend or the subscribed capital for the time being of the said corporation or except from''"'' otherwise than out of the net profits of the business. profits. 8. In any action or suit to be brought by the said corporation against Provisions as to any proprietor of any share in the capital of the said corporation to for'Ss^and™''^ recover any sum of money payable to the said corporation for or on insuiments. account of any instalment or caU made by virtue of this Act or of the said deed of settlement it shall be sufficient for the said corporation to allege that the defendant being a proprietor of such share in the capital of the said corporation is iudebted to the said corporation in such sum of money as the instalment or call in arrear shall amount to for such instalment or call of such sum of money upon such share or shares belonging to the said defendant whereby an action hath accrued to the said corporation without setting forth any special matter and on the trial of such action or suit it shall not be necessary to prove how or in what manner such instalment or call became payable or any other matter except that the defendant was a proprietor of one or more share or shares in the capital of the said corporation and that such instalment or call Was in fact due and that the time fixed for the pay- ment thereof was given as is directed by the said deed of settlement and the said corporation shall thereupon be entitled to recover what shall appear due. 9. Nothing herein contained shall prejudice any instalment due con- Ratification of tract or other act deed matter or thing entered into made or done by c^'nipany.''^ the said Company under or by virtue of the said deed of settlement before this Act shall come into operation but such instalment contract act deed matter or thing shall be as valid and effectual to all intents and purposes as if this Act had not been passed and may be enforced in 302 CLARENCE AND RICHMOND RIVERS S.N. COMPANY. Limitation of liabilities. When corporate seal not required to be used. 24 Victoria, like manner as if the said Company had been incorporated before sucli instalment became due or such, contract act deed matter or thing had been made entered into or done. 10. In the event of the assets of the said corporation being at any time insufficient to meet its engagements then and in that case the shareholders respectively shall be responsible to the amount of their subscribed shares only in addition to such subscribed shares. 11. It shall not be necessary to use the corporate seal in respect of any of the ordinary business of the Company or for the appointment of an attorney or solicitor for the prosecution or defence of any action suit or proceeding or otherwise And any person duly authorized and empowered under the corporate seal may without such seal execute any deed and do all such other acts matters and things as may be required to be executed and done on behalf of the said corporation and in conformity with the provisions of the deed of settlement and of this Act. 12. This Act shall be deemed to be a public Act and shall be judi- cially taken notice of as such by the Judges of the Supreme Court and all other Judges and Justices of the Peace within the Colony of New South "Wales without being specially pleaded and the same when- ever cited shall be sufficiently described as the " Clarence and Rich- mond Rivers Steam Navigation Company's Act." Act to be deemed a public Act. Short title. Preamble. 31 VicTOEiA. An Act to make preferential the one thousand two hun- dred and fifty new Shares of Ten Pounds each created in the capital of the Clarence and Richmond Hivers Steam Navigation Company by a resolution of the Shareholders of the said Company passed at a Special General Meeting of the said Company holden on the sixth day of March one thousand eight hundred and sixty -five. [9 October, 1867.] WHEREAS a Joint Stock Company called the Clarence and Richmond Rivers Steam Navigation Company was duly in- corporated by Act of the Legislature of New South Wales passed in the twenty-fourth year of Her present Majesty's reign and intituled An Act to incorporate the Proprietors of a certain Company called the Clarence and Richmond Rivers Steam Navigation Company and for other purposes therein mentioned And whereas on the sixth day of March one thousand eight hundred and sixty-iive the capital of the said Company was increased from the sum of fifty thousand pounds to the sum of sixty-two thousand five hundred pounds by the creation of one thousand two hundred and fifty new shares of ten pounds each And whereas such shares were duly allotted to the shareholders of the said Company but not all the said shareholders were willing to take up and pay for the same And whereas with a view to induce the taking up of the said shares the directors of the said Company have been duly authorized by a meeting of the shareholders of the said Company duly convened and held on the twentieth day of March one thousand eight hundred and sixty-seven to apply for an Act of the Legislature of New CLIPT'S COAL PEOPEETIES LEASING. 303 South "Wales declaring such new shares preferential shares and pre- 31 Victoria. ferentially entitled to a dividend in manner hereinafter appearing And whereas it is expedient for the well-being of the said Company and for inducing the shareholders of the said Company and others to take up and pay for such new shares that the same should be made preferential and a dividend preferentially paid thereon Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and con- sent of the Legislative Council and Legislative Assembly of N&w South Wales in Parliament assembled and by the authority of the same as follows : — 1. The one thousand two hundred and fifty new shares of ten pounds New shares made each in the capital stock of the said Company created by the General ^'^ "'^^'^ Meeting of the shareholders of the said Company holden on the sixth day of March one thousand eight hundred and sixty-five shall be and the same are hereby declared to be preferential shares and the holders of such of the said new shares as may already have been or shall here- after be paid up in full shall be entitled in the event of the dissolution or the winding up of the said Company to payment of the amount of such shares out of the assets of the said Company in preference to the holders of the shares created prior to such sixth day of March one thousand eight hundred and sixty-five. 2. During the continuance of the said Company a dividend after the Dividend on rate of ten pounds per centum per annum shall be paid on such pre- shares™ '^ ferential shares at every half-yearly general meeting of the shareholders of the said Company out of the net profits of the said Company if such profits shall be sufficient and if such profits shall not be sufficient in any half-year to pay a dividend at such rate then the same or the amount deficient shall be paid out of the future net profits of the Company and untO. so paid shaU be a charge thereon. 3. This Act shall be styled and may be cited as the " Clarence and siiort title. Eichmond Rivers Steam Navigation Company's Act Amendment Act." CLIFT'S COAL PEOPEETIES LEASING. An Act to enable William CHft and Samuel CHft 32 Victoria. devisees under the will of Samuel Clift late of West Maitland in the Colony of New South Wales landholder deceased to grant leases of certain lands for mining purposes. [25 Eebruary, 1869.] WHEREAS Samuel Clift late of West Maitland in the Colony of Preamble. New South Wales landholder deceased duly made and published his last will and testament in writing bearing date the thirteenth day of January one thousand eight hundred and fifty-four And whereas the said testator duly made and executed four several codicils to his said will and by the fourth of the said codicils bearing date the eighteenth day of July one thousand eight hundred and sixty-two devised among other things the several pieces and parcels of land described in the Schedules to this Act to trustees therein named to 304 CLIPT'S COAL PEOPEETIES LEASING-. 32 ViCTOEIA. Power to lease lands &c. tte use of the testator's sons "William Clift and Samuel Clift respec- tively as therein set forth that is to say the several pieces and parcels of land described in the first Schedule hereto to the use of the said William Clift for the term of his natural life and after his decease to his children lawfully begotten share and share alike and if only one child then to such child the several pieces and parcels of land described in the second Schedule hereto to the use of the said Samuel Clift during his natural life and after his decease to his children lawfully begotten share and share alike and if only one child then to such one child And whereas the said testator died on the nineteenth day o£ July one thousand eight hundred and sixty -two without having revoked or altered his said will or codicil so far as the same related to the several devisees hereinbefore mentioned And whereas valuable mines of coals and other minerals and substances have been discovered upon and under the said lands so devised as hereinbefore mentioned or some of them And whereas it will be greatly for the benefit of the said William Clift and Samuel Clift parties interested in the said lands so devised if the said William Clift and Samuel Clift respectively are empowered to grant leases of the said lands for mining purposes 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. It shall be la\vful for the said William Clift and Samuel Clift devisees under the will of the said Samuel Clift deceased respectively and for each of them that is to say the said William CHft with respect to the land or lands described in the first Schedule hereto and the said Samuel Clift with respect to the land or lands described in the second Schedule hereto to demise by way of lease by deed or deeds for any term of years not exceeding twenty-one years to take effect in posses- sion all or any of the mines minerals coals quarries stones clay sand and substances in under or upon the said lands respectively either with or without any messuages buildings lands or hereditaments convenient to be held with the same respectively and either with or without the surface of the lands in or under which the same or any part thereof respectively shall be and whether the same shall or shall not have been hitherto opened or worked together with all such liberties licenses powers and privileges for searching for or working the said mines and for getting washing smelting burning rendering merchantable and dis- posing of minerals coals quarries stones clay sand and substances as to the person or persons for the time being exercising the power hereby given shall seem expedient so as there be reserved on every such lease the best rent or rents tolls duties royalties or reservations by the acre the ton or otherwise to be incident to the immediate reversion that can be reasonably gotten without taking anything in the nature of a fine or premium and so as there be contained in every such lease a condi- tion for re-entry for non-payment or non-delivery within a reasonable time to be therein specified of the rents tolls duties royalties or reserva- tions thereby reserved and so as the lessee or lessees do execute a counterpart of every such lease and do thereby covenant for the due payment or delivery of the rent or rents tolls duties royalties or reservations thereby reserved Provided always that the reservation of rents tolls duties or royalties the amount whereof shall vary with or according to the acreage worked or the minerals coals stones clay sand or substances gotten shall not be taken to be in the nature of a fine CLIPT'S COAL PEOPEETIES LEASING. 305 or premium thougli tlie effect of such reservation may eventually be 32 Victoria. disadvantageous to the remainder-man. 2. This Act may be cited in any instrument document or proceeding short title, as " Cliffs Coal Properties Leasing Act." PIEST SCHEDULE BEPOEE EEEEEEED TO. All that piece or parcel situate in the parish of Branxton and county of Northum- berland in the Colony of New South Wales Commencing at the south-east corner of L. Duguid's one hundred acres on the west boundary of the village of Greta and bounded on the south by the south boundaries of that one hundred acres of Ferguson's two hundred and seventy acres and L. Duguid's two hundred and sixty acres which line is also the north boundary of the Reverend W. Purves's one hundred and twenty-five acres and F. H. Smith's two hundred and fifty acres On the west by a line dividing it from lots 40 41 42a two-rod road and 43 as shown in the Government chart bearing north to the north-east comer of lot 43 Again on the south by a line bearing west which is the north boundary of lot 43 and the south boundary of another one hundred acres of L. Duguid's Again on the west by a line dividing part of the last-named one hundred acres from part of lot 37 bearing north to the north-east corner of lot 37 Again on the south by a line bearing west being the north boundary of lots 37 36 and 35 and part of the south boundary of L. Duguid's five hundred and sixty acres to the north-west corner of lot 35 and the north-east corner of lot 22 Again on the east by a line bearing south between lot 35 and lots 21 and 22 Again on the south by a reserved road bearing west twenty-six chains to the Cessnock Road then by that road bearing north seventeen degrees thirty minutes east sixteen chains fifty links to the north-east corner of Mitchell's one hundred and fourteen acres Again on the south by the north boundary of Mitchell's one hundred and fourteen acres bearing west seventy- seven chains to the east boundary of Thorp's one thousand and seventy-six acres Again on the west by part of that boundary bearing north to the south-west comer of W. Bowen's one hundred acres On the north by the south boundary of Bowen's one hundred acres bearing east to the south-east corner of that one hundred acres then by part of the east boundary of the same to the Great Northern Railway Then on the north by the Great Northern Railway easterly towards Maitland till it meets a fence in L. Duguid's two hundred and sixty acres then by that fence northerly to the Maitland and Singleton Road Again on the north by that road to where it joins the north-east corner of the first-named one hundred acres of L. Duguid And on the east by the east boundary of that one hundred acres dividing it from the village of Greta bearing south to the commencing point the said land being delineated and shown in the plan thereof and coloured red. SECOND SCHEDULE BEPOEE EEPEEEED TO. All that piece or parcel of land situate in the parish of Branxton and county of Northumberland in the Colony of New South Wales Commencing at a point in the east boundary of William Bowen's one hundred acres at its junction with the Great Northern Railway and bounded on the north by the south boundary of E. Cahill's eighty acres bearing east to Scott's three hundred and twenty acres. On the west by the east boundary of Cahill's eighty acres bearing north to the Mait- land and Singleton Road Again on the north by that road easterly towards Maitland to where it meets a fence named in the above land of William Clift on Duguid's two hundred and sixty acres Then on the east by that fence southerly to the Great Northern Railway And on the south by the Great Northern Rail- way westerly through Bowen's one hundred and seven acres to the commencing point the said land being delineated and shown in the plan of said land and coloured green. 306 Preamble. COBAR (GREAT) COPPER-MINING COMPANY TRAMWAY. 47VICTOBIA. _^^ ^gi; ^Q authorize the construction by the Great Cobar Copper-mining Company (Limited) of a Tram- way over certain roads and Government Reserves and vacant Crown Lands in the Colony of New South Wales. [4 June, 1884.J WHEEEAS the Great Cobar Copper-mining Company (Limited) have opened and established certain copper-mines on land situate at Cobar in the county of Eobinson in the Colony of New South "Wales And whereas the said Company have constructed a tramway for the purpose of conveying firewood from the Government Eeserve for firewood to the smelting works of the said Company And whereas the line of the said tramway crosses certain roads and passes along certain Government Reserves and vacant Crown Lands as de- scribed in the Schedule hereto and it is expedient and desirable that the said Company should be empowered to continue and use the said tramway and make further extensions of the said tramway subject to the provisions hereinafter contained Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South "Wales in Parliament assembled and by the authority of the same as follows : — 1. It shall be lawful for the said Company under and subject to the provisions hereinafter contained to continue and use the tramway already so constructed as above-mentioned and to run locomotive engines and trucks thereon over the roads and along the reserves mentioned and described in the Schedule hereto at the points and in the direction particularly indicated in such Schedule Provided such tramway shall not occupy in any part thereof across the said roads and along the said reserves and vacant Crown Lands a greater space in breadth than two chains and shall be used to carry and convey firewood from the Government reserve for firewood to the smelting works of the said Company and for no other purpose. 2. The said Company are hereby authorized and empowered from time to time with the consent of the Minister for the time being in charge of the Crown Lands of the said Colony to make and construct any extension of the said line of tramway in along through and to any part of the said reserve for firewood hereinbefore and in the Schedule hereto mentioned or referred to and any other adjoining reserve for firewood which may at any time hereafter be made or proclaimed subject however as to any such extension to the proviso hereinbefore contained. Short title. 3. Thig Act shall be styled the " Great Cobar Copper-mining Company Tramway Act of 1884." Company may continue tramway. Power to make extensions. COHEN'S ESTATE. 307 SCHEDULE. 47 Victoria. Waksego district county of Robinson parishes of Cobar and Weltie All lands within a distance of one chain on each side of tramway route Commencing at the smelting shed of the Great Cobar Copper-mining Company and crossing the road from HUlston to Bourke at the junction of the road to Louth extending therefrom through the property of the said Company to the west boundary of portion number one hundred and fifty-one parish of Cobar thence through portions numbers one hundred and fifty-one and one hundred and fifty-three thence crossing the main road from Cobar to Nyngan at a point about eight chains north- easterly from the north-east corner of the police paddock reserve number five hundred and thirty-six thence through vacant Crown Lands and through reserve number six huildred and thirty- two thence through vacant Crown Lands to reserve for firewood nilmber six hundred and thirty-three intersecting its western boun- dary at a point fifty-six chains six links south from north-west comer of said reserve also all lands within a distance of one chain on each side of the branch line commencing at a point on the main line about one hundred and seventy-eight chains north-westerly from the reserve for firewood number six hundred and thirty-three aforesaid thence running in a southerly direction eighty chains two and a quarter links and in a south-easterly direction one hundred and fifty-nine chains thirty-three links through vacant Crown Lands to a point within the same. COHEN'S ESTATE. An Act to enable tlie Trustees of the Will of Mr. Michael 36 Victoria Cohen deceased to sell certain Land in Clarence- street Sydney and to make provision for the invest- ment of the proceeds of the sale thereof. [26 March, 1873.] ' "TTn'HEEEAS Michael Cohen late of Pitt-street Sydney licensed Preamble. V T victualler by his last will and testament bearing date the third day of Eebruary one thousand eight hundred and sixty-four devised all his real estate unto Sigmond HofEnung (in the said wUl called Sigmund Hoffman) his heirs and assigns upon certain trusts in the said will mentioned for the benefit of his wife and children And whereas the said testator died on the twenfcy-sefenth day of January one thousand eight hundred and sixty-five leaving Priscilla Cohen his vyidow and eight children him surviving And whereas by indenture bearing date the nineteenth day of October one thousand eight hundred and seventy- one and made between the said Sigmond Hoffnung of the one part and Priscilla Cohen and Lewis Solomon of the other part the said Priscilla Cohen and Lewis Solomon were duly appointed trustees of the said will in the place of the said Sigmond Hoffnung And whereas the said will contains no power for the trustee or trustees therein named or thereby to be appointed to sell the said land to grant leases thereof or to create any tenancy upon the security of which a tenant would be induced to expend money in repairs And whereas the buildings on certain land in Clarence-street in the city of Sydney devised by the said will are in such a dilapidated condition that they will soon become wholly unten- antable and thereby cease to yield an income and there are no funds belonging to the said trust estate available for the repair of the said buildings And whereas it is considered that it would be highly bene- ficial for all parties interested in the said trust estate that the trustees of the said wiU should be empowered to sell the said land in Clarence-street and to invest the proceeds of the sale thereof in the purchase of other 308 COHEN'S ESTATE. 36 Victoria. Lands may be sold and con-^ veyed to purchasers dis- charged from the trusts of will. Credit may be given to pur- chasers for payment of purchase money. Proceeds of sales to be invested in Government or real secu- rities or in the purchase of other lands to be held upon the trusts of will. lauds in New South "Wales or upon real or Grovernment security therein 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. It shall be lawful for the said Priscilla Cohen and Lewis Solomon or the trustee or trustees for the time being of the said will to sell the said laud? and hereditaments in Clarence-street Sydney which are specified in the Schedule hereunder written either by public auction or private contract and either in one or more parcels or allotments and with such rights-of-way in and over any portion of such land as he she or they shall deem most expedient and for such price or prices as can be reasonably obtained for the same and when sold to convey the same or any part or part? thereof to the purchaser or purchasers his heir or their heirs or assigns or to such uses and in such manner as such purchaser or purchasers may direct and thereupon such hereditaments or such part thereof as shall be so conveyed by the said Priscilla Cohen and Lewis Solomon or the trustee or trustees for the time-being of the said will and the legal estate therein shall vest absolutely in the person or persons to whom the same shall be so conveyed his her or their heirs or assigns or go and remain to such uses and in such manner as afore- said freed and discharged from the trusts created by the said will but subject to any pre-existing charges or incumbrances affecting the same hereditaments And the receipts of the said trustee or trustees for the purchase money of the said lands or any part thereof shall be valid and effectual discharges to the purchaser or purchasers thereof and shall relieve such purchaser or purchasers from all responsibility for the mis- application or non-application of such money. 2. It shall be lawful for the said Priscilla Cohen and Lewis Solomon or the trustee or trustees for the time being of the said will to allow to any purchaser or purchasers of the said land or any part or parts thereof credit for any number of years not exceeding seven years for payment of his or her purchase money or any part thereof upon such terms as to interest or otherwise as may by the said Priscilla Cohen and Lewis Solomon or the trustee or trustees for the time being of the said will be deemed proper provided that the land shall remain uncon- veyed or be otherwise rendered a security for the unpaid purchase money together with the interest thereon until the same shall have been paid and further that either as a part of the contract of purchase or otherwise it shall be lawful for the said PrisciUa Cohen and Lewis Solomon or the trustee or trustees for the time being of the said will to lay out and invest any part of the proceeds of the sale of the said lands or any part of the said trust moneys upon mortgage of the same to be taken from any purchaser or purchasers thereof his her or their heirs or assigns. 3. It shall be lawful for the said Priscilla Cohen and Lewis Solomon or the trustee or trustees for the time being of the said will in their or his discretion to invest the moneys belonging to the trusts of the said will either at interest upon real securities or upon securities of the Grovernment of New South "Wales or upon purchase of other lands and hereditaments in New South "Wales as the said Priscilla Cohen and Lewis Solomon or the trustee or trustees for the time being of the said will shall think fit and either or any of the modes of investment afore- said shall be deemed and construed to be equally in accordance with COHEN'S ESTATE. 309 the intent and meaning of the said will and shall be subject to the 36 Victoria, trusts of the said will so far as such trusts shall be applicable thereto. 4. This Act shall be styled and may be cited as " Cohen's Estate Act Short title. of 1873." SCHEDULE. All that piece or parcel o£ land parish of St. Andrew city of Sydney county of Schedule. Cumberland being portions A and B of allotment number ten of section (a) fifty- three containing by admeasurement thirty-two perches more or less Commencing on the west side of Clarence-street and bounded on the north by allotments num- bers eleven and fifteen being a line bearing west twenty degrees thirty minutes south one hundred and fifty-eight links on the west by a line bearing south fourteen degrees thirty minutes east eighty -three links thence by a line bearing east twenty- four degrees north thirty-six links again by a line bearing south twenty-six degrees east sixty-one links on the south by the north boundary of allotment number nine being a line bearing east seventeen degrees thirty minutes north one hundred and nine links to Clarence-street and on the east by the west side of Clarence-street bearing north fourteen degrees forty minutes west one hundred and forty-nine and a half links to the point of commencement. An Act to amend Cohen's Estate Act of 1873. 37 Victoma. [13 January, 1874.] WHEREAS in the Schedule to the above-mentioned Act the land Preamble, authorised by the said Act to be sold is erroneously described as portions A and B of allotment ten of section fifty -three And whereas the said land ought to have been described as portions A and B of allotment ten of section twenty-three and it is desirable to obtain the authority of Parliament for correction of the said error Be it there- fore 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 said Act shall be read and construed as if the land comprised Act how to be in the said Schedule was described therein as portions A and B of allotment ten of section twenty-three. An Act to validate and give effect to the sale of various 42 viotoeia. portions of certain lands under the Real Property Act heretofore contracted to be sold by Nathan Cohen of Tamworth in the Colony of 'New South "Wales auctioneer and to enable the said Nathan Cohen and Henry Emanuel Cohen of Sydney Barrister-at-Law to contract and effectuate sales of the residue of the said lands and to make provision for the investment of the proceeds of the sale thereof. [19 June, 1879.] WHEREAS by deed of grant from the Crown bearing date the Preamble, thirty-first day of July one thousand eight hundred and seventy- five the lands in the schedule hereto described were granted to Nathan 310 COHEN'S ESTATE. 42 YiuiORU, Cohen (in trust for Percy Brigliton Cohen) liis lieirs and assigns And whereas the said Percy Brighton Cohen is the son of the said Nathan Cohen and a minor And whereas the said Nathan Cohen believed that by obtaining a grant in the above form he was in effect constituting himself under the Eeal Property Act (twenty-sixth Yictoria number nine) a trustee for his said son but with the usual powers of sale and investment And whereas such effect has not been accomplished by the limitation contained in the said grant And whereas the said lands have been subdivided and sales of the majority of the lots have in fact been made which are for the benefit of the said Percy Brighton Cohen and which it would be expedient to validate and give effect to And whereas it is also expedient and for the benefit of the said Percy Brighton Cohen that the said Nathan Cohen and Henry Emanuel Cohen should be empowered to contract for and effectuate sales of the residue of the said lands if they should think fit 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 "W'ales in Parliament assembled and by the authority of the same as follows : — 1. The effect of the said grant shall be deemed to have been to vest in the said Nathan Cohen and Henry Emanuel Cohen the legal estate in the lands thereby granted with an absolute power of sale but subject as to the proceeds of all sales of any portion of such land already or hereafter to be made to the trusts and provisions hereinafter expressed and declared. 2. All contracts for the sale of all or any portions of the said land heretofore made by the said Nathan Cohen shall be valid and binding on his said son Percy Brighton Cohen and it shall be lawful for the said Nathan Cohen and Henry Emanuel Cohen to contract for and effectuate sales of all or any part of the residue thereof and receipts for the purchase money of all or any portions of the said land hereto- fore contracted to be sold or hereafter to be sold signed by the said Nathan Cohen and Henry Emanuel Cohen shall effectually discharge the person or persons paying the same even from being bound to see to the application or being answerable for the loss or misapplication thereof. 3. The proceeds of all such sales whether made before or after the passing of this Act shall be held by the said Nathan Cohen and Henry Emanuel Cohen in trust for the said Percy Brighton Cohen until he shall attain the age of twenty-one years and upon the further trust to invest the same in the name of the said Nathan Cohen and Henry Emanuel Cohen in Government or real securities in Great Britain or in any of her colonies in the purchase of other lands in such propor- tions and generally in such manner as the said Nathan Cohen and Henry Emanuel Cohen may deem expedient with power to alter and vary the said securities for others of a like nature with the consent of the Master in Equity or with the like consent to sell any lands so purchased as often as the said Nathan Cohen and Henry Emanuel Cohen shall think fit and as to the dividends interest and annual produce arising therefrom to apply the whole or such part as the said Nathan Cohen and Henry Emanuel Cohen may think fit for the maintenance and education or otherwise for the benefit of the said Percy Brighton Cohen and to lay out and invest the surplus if any so Declaration of effect of grant. As to contracts receipts &c. Trust as to proceeds of sale or investment. COHEN'S ESTATE. 311 that the same may accumulate by way of compound interest or to add 42 Victokia. the same to the proceeds of the said sale to he invested therewith on the aforesaid investments and to hold the same on the trusts herein declared. 4. AU transfers of any portion of the said lands shall be executed As to registra- by the said Nathan Cohen and Henry Emanuel Cohen in accordance *'°" °' transfers! with the requirements of the said Eeal Property Act and shall upon being lodged with the Eegistrar-G-eneral be by him duly registered for the purposes of the said Act. SCHEDULE. All that piece or parcel of laud in the said Colony containing by admeasurement three acres and thirty- two perches be the same more or less situate in the county of Inglis parish of Tamworth being suburban portion eighty-six Commencing on the northern side of a road one chain and fifty links wide at the south-western comer of S. Cohen's portion eighty -five and bounded thence on the south by that road bearing west four chains on the west by a road one chain wide dividing it from portion eighty-seven of three acres and thirty-two perches bearing north eight chains on the north by a line bearing east four chains and on the east by the western boundary of portion eighty-five aforesaid bearing south eight chains to the point of commencement. An Act to enable the Trustees of the will of Mr. Michael 47 Victoeia. Cohen deceased to sell certain land in Park and Castlereagh Streets Sydney and to make provision for the investment of the proceeds thereof. [2 May, 1884.] WHEREAS Michael Cohen late of Pitt-street Sydney licensed Preamble, victualler by his last will and testament bearing date the third day of February one thousand eight hundred and sixty-four devised all his real estate unto Sigmond Hoffnung (in the said will called Sigmund Hoifman) his heirs and assigns upon certain trusts in the said will mentioned for the benefit of his wife and children And whereas the said testator died on the twenty-seventh day of January one thousand eight hundred and sixty-five leaving Priscilla Cohen his widow and eight children him surviving And whereas by indenture bearing date the nineteenth day of October one thousand eight hundred and seventy-one and made between the said Sigmond Hoffnung of the one part and Priscilla Cohen and Lewis Solomon of the other part the said Priscilla Cohen and Lewis Solomon were duly appointed trustees of the said will in the place of the said Sigmond Hoffnung And whereas after this Act had been reported upon by a Select Committee of the Legislative Assembly the said Priscilla Cohen departed this life And whereas the said Lewis Solomon is the surviving trustee of the said will And whereas the said will contains no power for the trustee or trustees therein named or thereby to be appointed to sell the said land to grant leases thereof or to create any tenancy upon the security of which a tenant would be induced to expend money in repairs And whereas the buildings on certain land in Park and Castlereagh streets in the city of Sydney devised by the said will are in such a dilapidated condition that they will soon become wholly untenantable and thereby cease to yield an income and there are no funds belonging to the said trust estate available for the repair of the said buildings And whereas 312 COHEN'S ESTATE. 47 Victoria, it is considered that it would be highly heneficial for all parties inter- ested in the said trust estate that the trustees of the said will should be empowered to sell the said land in Park and Castlereagh streets and to invest the proceeds of the sale thereof in the purchase of other lands in New South Wales or upon real or Grovernment security therein 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 : — Lands may be 1. It shall be la^vful for the said Lewis Solomon or the trustee or veyed'to''""' trustees for the time being of the said will to sell the said lands and purchasers dis- hereditaments in Park and Castlereagh streets Sydney which are speei- trusts'of ^?m. ^^ fied in the Schedule hereunder written either by public auction or private contract and either in one or more parcels or allotments and with such rights-of-way in and over any portion of such land as he she or they shall deem most expedient and for such price or prices as can be reasonably obtained for the same and when sold to convey the same or any part or parts thereof to the purchaser or purchasers his her or their heirs or assigns or to such uses and in such manner as such pur- chaser or purchasers may direct and thereupon such hereditaments or such part thereof as shall be so conveyed by the said Lewis Solomon or the trustee or trustees for the time being of the said will and the legal estate therein shall vest absolutely in the person or persons to whom the same shall be so conveyed his her or their heirs or assigns or go and remain to such uses and in such manner as aforesaid freed and discharged from the trusts created by the said will but subject to any pre-existing charges or incumbrances affecting the same heredita- ments And the receipts of the said trustee or trustees for the pur- chase money of the said lands or any part thereof shall be valid and effectual discharges to the purchaser or purchasers thereof and shall relieve such purchaser or purchasers from all responsibility for the misapplication or non-application of such money. Credit may be 2. It shall be lawful for the said Lewis Solomon or the trustee or fha*sers°for^' trustecs for the time being of the said will to allow to any purchaser payment of pur- or purchasers of the said land or any part or parts thereof credit for chase money. -*■ T__e j_ t p jct- any number oi years not exceedmg seven years tor payment or his or her purchase money or any part thereof upon such terms as to interest or otherwise as may by the said Lewis Solomon or the trustee or trustees for the time being of the said will be deemed proper provided that the land shall remain unconveyed or be otherwise rendered a security for the unpaid purchase-money together with the interest thereon until the same shall have been paid and further that either as a part of the contract or jjurchase or otherwise it shall be lawful for the said Lewis Solomon or the trustee or trustees for the time being of the said will to lay out and invest any part of the proceeds of the sale of the said land or any part of the said trust moneys iipon mortgage of the same to be taken from any purchaser or purchasers thereof his her or their heirs or assigns. Proceeds oi sales 3. It shall be lawful for the said Lewis Solomon or the trustee or Government or° trustees for the time being of the said wiU in their or his discretion to real securities or invest the moneys belonging to the trusts of the said wiU either at ormortsageof interest upon real securities or upon securities of the Grovernment of hdd u'™n the ^ ''^^^ South Wales or upon purchase or mortgage of other lands and trastsofthewiii. hereditaments in New South Wales as the said Lewis Solomon or the COLONIAL SUGAE EEFINING COMPANY. 313 trustee or trustees for the time being of the said will shall think fit and 47 Victoria, either or any of the modes of investment aforesaid shall be deemed and construed to be equally in accordance with the intent and meaning of the said will and shall be subject to the trusts of the said will so far as such trusts shall be applicable thereto. 4. This Act shall be styled and may be cited as " Cohen's Estates short title. Act of 1884." SCHEDULE. Axii that parcel of land situated in the parish of Saint Lawrence county of Cumher- land Colony of New South Wales heing portion of allotment number eight of section seventeen of the city of Sydney and in the plan referred to in a certain indenture of partition dated first September one thousand eight hundred and sixty-one and registered number six hundred and forty-six book seventy-four marked number one bounded on the north by Park-street commencing at the intersection of the southern side thereof with the western side of Castlereagh-street and bearing westerly forty-six feet to the north-east comer of lot marked number two on the said plan on the west by a line bearing southerly seventy-five feet more or less to the northern boundary of the lot marked number three on the said plan on the south by portion of the said lot number three being a line bearing easterly forty- seven feet to the building-line in Castlereagh-street and on the east by the said building-line bearing northerly seventy-four feet seven inches to the point of com- mencement. COLONIAL SUGAR REFINING COMPANY. An Act to enable the Colonial Sugar Refining Com- 2? Victoeu. pany to sue and to be sued in tbe name of such Company and to vest the property of the Company in the Trustees for the time being of such Company. [30 December, 1863.] WHEREAS a Joint Stock Company was in the year one thousand Preamble, eight hundred and fifty-five established in Sydney by the name of the Colonial Sugar Refining Company for the purpose of purchasing and refining of raw sugar the importation purchase and sale of sugar whether raw or refined the purchase and sale of molasses the dis- tillation of molasses and other articles into spirits the purchase and sale of spirits the manufacture of animal charcoal ivory black and the sale of any such and such other business and purposes as the Board of Directors of such Company should from time to time think fit and most beneficial for the interest of the said Company And whereas by the deed of settlement of the said Company bearing date the first day of January one thousand eight hundred and fifty-five Sir Daniel Cooper Baronet and "William Fanning Esqiiire were appointed trustees of the said Company And it was thereby provided that all lands tenements and hereditaments belonging to the said Company should be vested in such trustees their heirs and assigns upon certain trusts being trusts for the benefit of the Company as therein mentioned And whereas Edward Knox and Benjamia Walker are the present trustees of the said Company in whom all the lands tenements and hereditaments belonging to the said Company are now vested upon the trusts of the said indenture of settlement And whereas in consequence of the death resignation or departure from the Colony of the local trustees or any of them it may become necessary from time to time to appoint new trustees in the place of those so dying resigning or leaving the Colony 314 COLONIAL SUGAE EEPINING- COMPANY. 27 YiCTOBiA. and upon every sucli new appointment the lands tenements heredita- ments securities and property of the said Company would in the absence of any special enactment in relation thereto have to be transferred from time to time to the new trustee or trustees as the case may be whereby the titles thereto would become unnecessarily complicated and great expense would be occasioned to the Company And whereas it is ex- pedient that provision should be made for enabling the said Company to sue and be sued in this Colony in the name of the said Company but without incorporating the same and that the lands tenements hereditaments securities and property of the Company should be vested by operation of law in the trustees for the time being of the said Com- pany without req^uiring the same to be assigned transferred or conveyed to the new trustee or trustees on every change of trustees And whereas these objects cannot be effected without the aid and authority of the Legislature 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 : — Actions auitsaiid 1. All actions suits and proceedings at law or in equity or in bank- be'hi th*e name I'^P^cy or insolvency to be commenced instituted or carried on in this of the Company. Colony by or on behalf of or against the said Company or wherein the said Company is or shall be concerned or interested whether any person being defendant or plaintiff in such action suit or proceeding shall be a member or proprietor of or in the said Company or not shall be com- menced instituted presented prosecuted carried on or defended in the name of the said Company in the same manner as if the same had been incorporated by such name and all prosecutions indictments or inform- ations to be brought instituted laid or carried on on behalf of the said Company against any person whomsoever whether a member or proj)rietor of or in the said Company or not for any stealing em- bezzlement fraud forgery crime or offence and all prosecutions indict- ments or informations to be brought instituted laid or carried on by any person whomsoever whether a member or proprietor of or in the said Company or not for any fraud crime or offence against the said Com- pany shall be so brought instituted laid or carried on in the name of the Company as if the same were incorporated and in all indictments informations and prosecutions on behalf of the said Company it shall be lawful to state the money goods effects bills notes securities and other property of the said Company to be the property of the said Company by its name as if incorporated and it shall be suflBcient to allege an intent to defraud or injure the said Company by its name as if incorporated and any offender may thereupon be lawfully convicted of any such offence and in all other allegations prosecutions indictments informations and other proceedings whatsoever in which in the absence of legislative provision as herein contained it would have been necessary to state the names of the persons composing the said Company it shall be lawful and suificient to state the name of the Company and no change in the persons composing the Company shall abate any such action suit proceeding or prosecution and no action suit prosecution indictment or information or proceeding for and on behalf or against the said Company shall be in any wise affected or defeated by or by reason of the defendant plaintiff or complainant therein or of any other person in whom any interest may be averred or who may be in any wise interested or connected in such action suit prosecution indictment in- formation or proceeding being or having been a proprietor or a partner COLONIAL SUaAE EEPININa COMPAISTT. 315 in tlie said Company or of such action suit indictment prosecution or 27 Victoeia. proceeding arising out of the partnership relation of the defendant plaintiff or complainant or other person as aforesaid and the Company hut the said Company and any proprietor or partner or late proprietor or partner in the said Company either alone or jointly with any other person or persons shall and may be subject and liable to and possess prosecute and hare the same right of action or suit and remedy or other civil or criminal proceeding and the same may be proceeded in and enforced in the same manner as if such proprietor or partner or late proprietor or partner were a stranger and not a proprietor or partner in the said Company. 2. All and every judgment decree or order made or pronounced in Decrees against any action suit or proceeding in any Court of law or equity against the ?'y'^°ae^t°^*'' said Company shall have the lite effect and operation upon and against against the the property and funds of the said Company and upon and against the Company, persons and property of every proprietor thereof as if all the proprietors of such Company were parties before the Court to and in such action suit or proceeding and it shall be lawful for any Court in which such judgment order or decree shall have been made to cause such judgment order or decree to be enforced against all and every or any proprietor of such Company in like manner as if all the proprietors of such Company were parties before such Court to and in such action suit or proceeding. 3. The directors of the said Company for the time being shall within Memorial of the thirty days after the passing of this Act cause a memorial of the names t™t^|es°to'be of the said trustees of the said Company for the time being in the recorded, form or to the effect for that purpose set forth in the Schedule to this Act annexed to be recorded in the ofG.ce of the Supreme Court of this Colony at Sydney And when and so often as any new trustee shall be appointed then the directors shall within thirty days thereafter cause a like memorial of the names of the then trustees including such new trustee in lieu of the trustee in whose place he shall have been appointed to be recorded as aforesaid. 4. Every such memorial shall be verified by the solemn declaration Memorial to be of the manager of the Company for the time being or in case there deoiaratiMi. shall at any time be no such manager at the time or in case of his absence then by the solemn declaration of one of the directors of the Company for the time being. 5. The memorial last recorded shall be conclusive evidence against Memorial re- the Company of the persons named in such memorial as the trustees dusive evidence! thereof being such trustees of the Company for the time being and of the regularity of their or his appointment and the acts and deeds of the persons so named in such memorial shall be binding on the Company notwithstanding that they shall not be trustees thereof. 6. Prom and after the passing of this Act the lands tenements Trust moneys hereditaments moneys securities property and effects of the said Com- ^^pSytobe pany which now belong to the Company in this Colony and which vested m the are now vested in the said Edward Knox and Benjamin Walker or time being. which may hereafter belong to or be acquired or obtained within this Colony by the said Company whether as absolute owners thereof or otherwise shall vest and be vested in the trustees of the said Company for the time being by force of this Act and by virtue of their appoint- ments merely without conveyance assignment or transfer and the said trustees for the time being shall have the same powers and rights both 316. COLONIAL SUGAE EEFINING COMPANY. 27 Victoria, at law and in equity with respect to tlie said lands tenements heredita- ments moneys securities property and effects of the Company so vested in them as aforesaid as they would have if the same had been duly con- veyed assigned or transferred to them or him. Power to 7. In all cases in which by any Act of Parliament or of the officCTtodo'"""^ Colonial Legislature or by any rule or order or the practice of the certain acts. Supreme Court or any other Court now or hereafter to be in force in this Colony the plaintiff complainant or defendant in any action suit or other proceeding civil criminal or otherwise or any creditor of an insolvent estate or any person being a party to or interested in any pro- cess or proceeding whatsoever is or shall be authorized empowered or required to make any afB.davit deposition or information or to sign or present any petition or to do any other act it shall be lawful and com- petent for the manager or other oiEcer or agent of the Company (where such Company shall be such plaintiff complainant defendant or creditor or be a party to or otherwise interested in any process or proceeding whatsoever as aforesaid) for and on behalf of the Company to make any such affidavit deposition or information sign or present any such petition or do any such other act as aforesaid. Act not to pre- 8. Nothing in this Act contained shall be construed to affect or pre- M pending'pr'cf- P^ice any action suit prosecution indictment information or proceed- ceeding. ing commenced laid or prosecuted by or against the Company before this Act shall have come into operation but the same may be carried on to conclusion and enforced as if this Act had not been passed. Manager to sign 9. In all cases where under the deed of settlement the directors of certain deeds. ^-^^ ^^^^ Company are authorized or empowered to execute any deed or other instrument it shall be lawful for the manager of the said Company when duly authorized by a resolution of the directors to execute such deed or instrument for and on behalf of the Company and such deed or instrument shall be deemed as valid and effectual as if the same had been executed by the directors or by the shareholders of the said Company. Company not 10. Provided always that nothing herein contained shall extend or this Act™'"'' ^^ ^® deemed construed or taken to extend to incorporate the said Com- pany or to relieve or discharge the said Company or any of the pro- prietors thereof or subscribers thereto from or to limit any liability responsibility duties contracts or obligations whatsoever which by law they now are or at anj'' time hereafter may be subject or liable to either between the said Company and others or between the individual proprietors of the said Company or any of them and others or amongst themselves or in any manner whatsoever except so far as the same is effected by the provisions of this Act and the true intent and meaning thereof. THE SCHEDULE REPEERED TO IN THE EOREGOING- ACT' Memoeial of the names of the trustees of the Colonial Sugar Refining Company to be recorded in the Supreme Court of New South Wales pui-suant to an Act of the Parliament of the said Colony passed in the year of the reign of Her present Majesty intituled An Act to enable the Colonial Sugar Refining Company to sue and be sued in the name of such Company and to vest the pro- perty of the Company in the trustees for the time being of the said Company. I of do solemnly and sincerely declare that the above memorial contains the names of the present trustees of the abovenamed Company. Made and declared at Sydney before me this day of in the year of Our Lord one thousand eight hundred and 317 COMMEECIAL BANKING COMPANY. An Act to incorporate the proprietors of a certain ii Victoria. Banking Company called " The Commercial Bank- ing Company of Sydney" and for other purposes therein m.entioned. [17 June, 1848.] WHEEEAS a Joint Stock Banking Company called the Commercial Preamble. Banking Company of Sydney has been lately established nnder and subject to the rules regulations and provisions contained in a certain indenture or deed of settlement bearing date the fifteenth day of May in the year of our Lord one thousand eight hundred and forty- eight purporting to be a deed of settlement of the said Company but the said Company has not yet commenced business And whereas John Henry Challis of Sydney in the Colony of New South "Wales merchant Stuart Alexander Donaldson of the same place merchant John Lamb of the same place merchant Henry Watson Parker of Parramatta in the said Colony Esquire and Henry Grilbert Smith of Sydney afore- said merchant are the present directors of the said Company And Company incor- whereas it is expedient to incorporate the said Company Be it there- p"™**""- fore enacted by His Excellency the G-overnor of New South Wales with the advice and consent of the Legislative Council thereof That such and so many person or persons as have already become or at any time or times hereafter shall or may in the manner provided by and subject to the rules regulations and provisions contained in the said indenture or deed of settlement become a proprietor or proprietors of any share or shares of or in the capital for the time being of the said Society or Company shall be one body politic and corporate in name and in deed by the name of the Commercial Banking Company of Sydney and by that name shall and may sue any person or persons body or bodies politic or corporate whether a member or members of the said corpora- tion or not and may be sued implead and be impleaded in all Courts whatever of law or in equity and may prefer lay and prosecute any indictment information and prosecution against any person or persons whomsoever for any stealing embezzlement fraud forgery crime or offence and in aU indictments informations and prosecutions it shall be lawful to state the money and goods effects bills notes securities or other property of the said Company to be the money goods effects bills notes securities or other property of the said corporation and the said corporation shall have perpetual succession with a common seal which may be altered varied and changed from time to time at the pleasure of the said corporation. 2. Whereas by the said indenture or deed of settlement and which Deed or settle said indenture is made or expressed to be made between the several ™^° ''°°' ^ ' parties whose names are thereunto subscribed and whose seals are thereunto affixed each of the several parties thereto did for himself and herself severally and respectively and for his and her several and respective heirs executors and administrators covenant promise and agree and declare with and to the others and each and every of the others of them and each and every of their heirs executors and adminis- trators that the several persons parties to the said deed of settlement should continue (except as thereinafter otherwise provided) a Society or 318 COMMEECIAL BANKING COMPANY. 11 VicTOEiA, Company under the name style and firm of the Commercial Banking Company of Sydney until dissolved by means of the provisions in such hehalf thereinafter contained that the capital of the said Company was the sum of one hundred and twenty thousand pounds and was divided into four thousand eight hundred shares of twenty-five pounds each but the amount of such capital might be increased as thereinafter pro- vided that such capital should as between the shareholders and their real and personal representatives be deemed personal estate and be transmissible as such that the objects and purposes of the Company were and should be the formation and establishment of a bant of issue discount and deposit in the Colony of New South Wales and the making of loans of moneys on cash credit accounts promissory-notes bills of exchange or letters of credit and on other securities of the like nature also the dealing in money bullion and specie of all countries and in notes bills or other securities for money and generally the transacting of all such other business as it is or shall or may at any time thereafter be usual and lawful for establishments carrying on banking in all its branches to do or transact including therein the dealing in money bullion or specie or in notes or bills and the estab- lishment of agencies or connections in England and Scotland and else- where and the giving of letters of credit thereon for any purpose whatsoever and the establishing a branch bank or branch banks for the purposes and in manner thereinafter mentioned that the said John Henry Challis Stuart Alexander Donaldson John Lamb Henry "Watson Parker and Henry Grilbert Smith were and should be the first directors of the said Company Be it enacted That the said corporation is and shall be established for the purposes of carrying on the business of banking in any part of the Colony of New South "Wales but subject nevertheless to the conditions restrictions regulations and provisions herein contained, (a) 3. And be it enacted That the capital or joint stock for the time being of the said corporation and the several shares therein and the profits and advantages to .be derived therefrom shall be and be deemed personal estate and be transmissible accordingly subject to the regula- tions of the said indenture or deed of settlement. 4. And be it enacted That it shall not be lawful for the said corpora- tion to commence or carry on the said business of banking under or by virtue of this Act until the whole of the said capital of one hundred and twenty thousand pounds shall have been subscribed for and a moiety at the least of such sum of one hundred and twenty thousand pounds shall have been actually paid up. 5. And be it enacted That the whole of the said capital shall be sub- scribed for within the space of eighteen months to commence and be computed from the period when this Act shall come into operation and the whole of the said sum of one hundred and twenty thousand pounds shall be paid up within the space of two years to be computed as aforesaid. 6. (Issue of bank notes for twenty-one years — "When issue to cease.) \_Eepealed hy 31 Vio. s. 2.] 7. (Banking to cease in twenty-one years.) [Bepealed ly 31 Vic- s. 2.] (a) Vide section 1 of the Commercial Banldng Company's Act of 1863 27 Vip, Bankino; how carried on. Capital to be personal estate. Capital to be subscribed and moiety paid up. When whole capital to be paid up. COMMEECIAL BANKING COMPANY. 3I9 8. (Notes wlien dated and liow payable — Amount of notes.) [Ee- u Victoria. pealed ly 16 Vic. s. 1.] 9. (Liabilities limited.) [Repealed ly 16 Vic. s. 1.] 10. And be it enacted That no branch bank or establishment other Branch bank than and except the principal banking establishment of the said cor- ^°'^ ^""^ hs.h\e. poration shall be liable to be called upon to pay any notes or biUs of the said corporation other than and except such as shall have been origi- nally made and issued at and from such particular branch bank establishment. 11. And be it enacted That it shall be lawful for the said corporation House of busi- notwithstanding any statute or law to the contrary to purchase take j;^||^'^''y'"^P"" hold and enjoy to them and their successors in the said Colony of New South Wales for any estate term of years or interest any houses offices buildings lands and other hereditaments necessary or proper for the purposes of managing conducting and carrying on the affairs concerns and business of the said corporation but not for any other purposes and to sell conyey assign assure and dispose of the same when not wanted for the purposes of the said business. 12. And be it enacted That it shall and may be lawful to and for all Conveyed to the and every person and persons and bodies politic or corporate who are ™(,„°' ^'^p"''*" or shall be otherwise competent to grant sell alien and convey assign assure and dispose of unto and to the use of the said corporation and their successors for the purposes aforesaid any such houses offices lands and other hereditaments whatsoever as aforesaid accordingly. 13. (Commencement and nature of business.) [liepealed hy 27 Vic. s.l.-] 14. And be it enacted That the discounts or advances by the said Discounts to di- ,. ■J.-1-J.1 £ j'j. ai rectors hmited. corporation on securities bearing the name or any du'ector or oiiicer thereof as drawer accepter or endorser shall not at any time exceed in amount one-third of the total advances and discounts of the said corporation. 15. And be it enacted That no dividend shall in any case be declared Dividend out of or paid out of the subscribed capital for the time being of the said ^™ ^ ™ ^' corporation or otherwise than out of the net gains and profits of the said corporation. 16. (Capital may be increased.) [Repealed ly 31 Vic. s. 2.] 17. (Extent of increase.) [Repealed ly 31 Vic. s. 2.] 18. And be it enacted That in the event of the assets of the said Responsibuity of corporation being insufficient to meet its engagements then and in '^'^'^'^'^ ° ^^^' that case the shareholders shall be responsible to the extent of twice the amount of their subscribed shares (that is to say) for the amount subscribed and for a further and additional amount equal thereto. 19. And be it enacted That in all eases in which shares in the capital Transfer of origi- of the said corporation shall be transferred between the period of this ""' ^ '"^°^' Act coming into operation and the actual commencing of business by the said corporation the responsibility of the original holder of the transferred share shall continue for six months at least after the date of the transfer. 20. And be it enacted That the several laws rules regulations clauses By-iaws and agreements contained in the said indenture or deed of settlement or to be made under or by virtue or ia pursuance thereof are and shall 320 COMMEECIAL BANKING COMPANY. 11 VicTOEiA. lie deemed and considered to be 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 incompatible with or repugnant to any of the provisions of this Act or any of the laws or statutes in force in the said Colony subject nevertheless to be and the same may be amended altered or repealed either wholly or in part in like manner as the laws regu- lations and provisions contained in the said indenture or deed of settlement or to be made in pursuance thereof are hereby authorized and directed to be amended altered or repealed but no rule or by-law shall on any account or pretence whatsoever be made by the said cor- poration either under or by virtue of the said indenture or deed of settlement or of this Act in opposition to the general scope or true intent and meaning of the said deed of settlement or of this Act or of any of the laws or statutes in force in the said Colony. Previous con- 21. And be it enacted That nothing herein contained shall prejudice tracts enforced. ^^ ^^ deemed to prejudice any call made or any contract or other act deed matter or thing entered into made or done by the said Company under or by virtue of the said indenture or deed of settlement before this Act shall come into operation but the same call contract act deed matter or thing shall be as valid and effectual to all intents and pur- poses as if this Act had not been passed and may be enforced in like manner as if the said Company had been incorporated before the same call contract act deed matter or thing had been entered into made or done. Actions for calls. 22. And be it enacted That in any action or suit to be brought by or on behalf of the said corporation against any proprietor or proprietors or owner or owners of any share or shares in the capital of the said corporation to recover any sum or sums of money due and payable to the said corporation for or by reason of any call or calls made by virtue of this Act or of the said indenture or deed of settlement it shall be sufficient for the said corporation to declare and allege that the defendant or defendants being a proprietor or proprietors of such or so many share or shares in the capital of the said corporation is or are indebted to the said corporation in such sum or sums of money as the call or calls in arrear shall amount to for such and so many call or calls of such or so many sum or sums of money upon such or so many share or shares belonging to the said defendant or defendants (as the case may be) whereby an action hath accrued to the said corpora- tion 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 or any of them who made such call or calls or any other matters except that the defendant or defendants at the time of making such call or calls was or were a proprietor or proprietors of some share or shares in the capital of the said corporation and that such call or calls was or were in fact made and that such notice thereof was given as is directed by the said iadenture or deed of settlement and the said corporation shall thereupon be entitled to recover what shall appear due. Common seal. 23. And be it enacted That the directors for the time being of the said corporation shall have the custody of the common seal of the said corporation and that the form thereof and all other matters relating thereto shall from time to time be determined at a board of directors of the said corporation in the same manner as is provided by the said COMMEECIAL BANKING COMPANY. 321 indenture or deed of settlement for the determination of other matters 11 Victoria at any board of directors of the said Company and the directors present at a hoard of directors of the said corporation shall have power to nse the common seal of the said corporation for the affairs and concerns of the corporation. 24. Provided always and be it enacted That nothing in this Act Rights of Her contained shall be deemed to affect or apply to any right title or ""''J''''-" '*™''- interest of Her Majesty her heirs or successors or of any body or bodies politic or corporate or of any person or persons except such bodies politic or corporate and other persons as are mentioned in this Act and those claiming by from or under them. 25. And be it enacted That this Act shall come into operation so soon commencement as and not until the same shall have received the Eoyal approbation and °* ■*'°'' the notification of such approbation shall have been made by order of His Excellency the Q-overnor in the New South Wales Grovernment Grazette and that such notification shall be sufficient evidence of such approbation. 26. And be it enacted That this Act shall be deemed and taken to be a Act to be public Act and shall be judicially taken notice of as such by the Jadges ^^'^'^^'^ puWie. of the Supreme Court of New South Wales and by all other Judges Justices and others within the Colony of New South Wales and its dependencies without being specially pleaded. 27. And be it enacted That in this Act the following words shall Ji!,\"'^"'''''™ have the following meanings hereby assigned to them unless there be something in the subject or context repugnant to such construction that is to say words importing the singular number shall include the plural number and words importing the plural number shall include the singular number and words importing the masculine gender shall include females and bodies corporate as well as individuals. An Act to amend an Act intituled An Act to incorporate i6 Victoma. the Proprietors of a certain Banking Company- called "The Commercial Banking Company of Sydney" and for other purposes therein mentioned. [28 December, 1852.] WHEEEAS it has been found that the enactments contained in Preamble. the Act of Council passed in the eleventh year of Her present Majesty's reign intituled An Act to incorporate the Proprietors of a certain Banking Company called the Commercial Banking Company of ii vic. Sydney and for other purposes therein mentioned whereby a certain B^nidnrcom- limit therein expressed is imposed in respect of the total amount of the pany's Act. promissory-notes of the said bank payable on demand to be issued and in circulation and whereby a certain other limit is imposed in respect of the total amount of the debts engagements and liabilities of the said bank whether upon bonds bills promissory -notes or otherwise con- tracted other than such as therein excepted are unnecessarily and incon- veniently restrictive under the altered circumstances of the Colony And whereas it is expedient to repeal the same and to substitute in lieu thereof other provisions of a more expansive character Be it 322 COMMEECIAL BANKING- COMPANY. 16 Victoria, therefore enacted by His Excellency the Grovemor of New South "Wales by and with the advice and consent of the Legislative Council thereof as follows : — The eighth and 1. The eighth and ninth sections of the said recited Act are hereby ninth sections of 1 -1 '^ the Commercial repeaiea. pany™f^Syd™ey 2. All promissory-notes which by the said recited Act the said cor- Act repealed, poration are authorized to make issue and circulate shall bear date at Sdirar 'bMk* *^® °^*y ^°^^ or place at and from which the same respectively shall be made and issued and the same respectively shall in all cases be payable in specie on demand at the place of date and the total amount of the promissory-notes payable on demand issued and in circulation within the Colony of New South "Wales shall not at any one time exceed the amount of the coin bullion and public securities which shall for the time being be held by the said corporation within the said Colony, (a) 3. (Amount to which general liabilities to be limited — Certain liabili- ties not taken into account.) [Sepealed by 18 Vic. s. l.J 4. (Unassayed gold deemed bullion.) {^Sepealed ir/ 18 Vic. s. l.J 5. ("What deemed public securities.) [Sepealed iy 18 Vic. s. l.J notes may be Issued, Preamble, 16 Vio. Commercial Banking Com- pany Act. 18 VicTOKiA An Act to amend an Act intituled An Act to amend an Act intituled An Act to incorporate the Proprietors of a certain Banking Company called " The Com- mercial Banking Company of Sydney" and for other purposes therein mentioned. [18 November, 1854.] WHEEEAS by an Act of the Q-overnor and Legislative Council of New South "Wales passed in the sixteenth year of Her present Majesty's reign intituled An Act to amend an Act intituled An Act to incorporate the Proprietors of a certain Banking Company called the Commercial Banking Company of Sydney and for other purposes therein mentioned a certain limit is imposed in respect of the total amount of the promissory-notes of the said bank payable on demand to be issued and in circulation and a certain other Hmit is imposed in respect of the total amount of the debts engagements and liabilities of the said bank other than such as therein excepted And whereas it has been found expedient to amend the said Act Be it therefore enacted by His Excellency the Governor of New South "Wales by and with the advice and consent of the Legislative Council thereof as follows : — 1. The third fourth and fifth sections of the said recited Act and so much of the second section thereof as limits the amount of the promissory-notes of the said corporation payable on demand issued and in circulation at any one time are hereby repealed. 2. The said corporation shall have power to issue and have in circu- lation promissory-notes payable on demand to the extent of the amount of its actual paid up capital and to any such further amount in excess of the said capital as the said corporation shall hold coin or gold bullion assayed by some person duly authorized by the G-overnor for the time being of the said Colony or partly coin and partly gold bullion assayed as aforesaid separate and apart from the coin or gold bullion used in {a) Vide section 1 of the Commeroial Banking Company's Act of 1854, 18 Vic. The 3rd 4th 6th and part of the 2nd sections of Commercial Bank Amend- ment Act repealed. Extent to which ordinary bank notes may be COMMEECIAL BAJN'KIlSrG COMPANY. 323 the ordinary operation of the said corporation Provided however that 18 Victobia. the power to issue such notes in excess of such capital shall continue Limit as to time and be in force until some general provision be made by the Legislature °^ ™°'^ '^^"^' in respect of the issue of promissory-notes payable on demand by the banking institutions of the said Colony and no longer but nothing herein contained shall be construed to abridge in any way the privileges enjoyed by the said corporation in respect of the issue of such promis- sory-notes under the original Act of incorporation passed in the eleventh year of Her Majesty's reign. 3. The total amount of the debts engagements and liabilities of the Amount to said corporation whether upon bonds bills promissory-notes or other- uabUitfe^to'be wise contracted other than their liabilities on account of the ordinary limited, cash deposits of customers and on account of bills of exchange drawn Certain by or on behalf of the said corporation upon any banker or banking teken'into""' Company or agency in the United Kingdom of Great Britain and account. Ireland or elsewhere within the amount or value of remittances made to such banker or banking Company or agency respectively to provide for the payment of the said bills of exchange may extend to but shall not in any case exceed three times the amount of the actual paid up capital stock of the said corporation. 4. All such promissory-notes as aforesaid which the said corporation Bank notes may issue and circulate in the Colony of New South Wales shall be "' "^ ^'^^^ payable at the principal banking establishment of the said corporation at Sydney as well as at the place of date. An Act to amend an Act intituled An Act to incorporate 27 Victoria. the Proprietors of a certain Banking Company called "The Commercial Banking Company of Sydney" and for other purposes therein mentioned, [8 October, 1863.] WHEBEAS it has been found that certain of the enactments con- Preamble, tained in the Act of Council passed in the eleventh year of oi-c.---^ ': Her present Majesty's reign intituled An Act to incorporate the 11 vic An Act proprietors of a certain Banking Company called the Commercial the"commeroiai Banking Company of Sydney and for other purposes therein mentioned Banking- com- whereby a limit is or may be construed to be placed on the operations and for other and conduct of business of the said corporation confining the same to ^.^t'ioned''^'^^™ the Colony of New South Wales and certain other of the enactments contained in such Act as regards the taking of security for the protec- tion of the operations of such bank are unnecessarily and inconveniently restrictive And whereas it is expedient to repeal the same and to substitute in lieu thereof other jsrovisions of a more expansive character 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. So much of the second section of the said recited Act as confines Repeal of por- or may be construed to confine the establishment and carrying on of the and whole o£ business of the Company to the Colony of New South Wales together ^f^ ^1°^ with the whole of the thirteenth section of the said recited Act shall be and are hereby repealed. 324 COMMEECIAL BANKING COMPANY. 27 Viotobijs, 2. It shall be lawful for'the said corporation subject to all the restric- Nature of busi- tious and provisions herein contained to carry on the business of a bank °*'^^- of issue discount and deposit in the Colony of New South "Wales and elsewhere and to make loans of money on cash credit accounts promis- sory-notes bills of exchange or letters of credit and on any personal or other securities and it shall also he lawful for the said corporation to deal in money bullion and specie and in exchange of and with all countries and in notes bills or other securities for money and generally to transact all such other business as it is or shall or may at any time hereafter be usual and lawful for establishments carrying on banking in all its branches or dealing in money bullion and specie and in exchanges or in notes bills or other securities to do or transact and to establish agencies branch banks or connections in relation to the said business in any of the adjoining colonies or places or in any part of the British dominions or elsewhere and to give letters of credit thereon for any purposes whatsoever but that it shall not be lawful for the said cor- poration to advance or lend any money upon the security of lands or houses or ships nor to own ships and the said corporation shall not hold shares in its own stock nor advance or lend to any shareholder or pro- prietor of shares in the said corjjoration any sum or sums of money on the security of his share or shares nor invest lay out employ advance or embark any part of the capital or funds of the said corporation in the purchase of any lands houses or other real or leasehold property whatsoever (save and except as herein and in the said recited Act speci- ally provided) nor of any share or shares in the capital or stock for the time being of the said Company nor in any trading or mercantile specu- lation or business whatsoever not usually considered as falling under the ordinary and legitimate purposes and operations of banking estab- lishments Provided always that nothing herein contained shall invali- date any lien acquired or to be acquired by the deposit of deeds or any mortgage of lands or other property taken or to be taken by the said corporation or any person or persons on their behalf as security col- lateral to any bill promissory-note bond or other security or any right claim or title to lands or other property thence to arise or the lien secured by the deed of settlement to the Company over the shares belonging to any proprietor becoming indebted or coming under engage- ments to the Comj)any or making default in the fulfilment of any cov- enant in the said deed of settlement contained or prevent the Company from holding the shares forfeited by such default for the purpose of sale as provided in the said deed of settlement or from taking any mort- gage or lien on any stations runs sheep or cattle their increase progeny wool and other produce under the Acts of the Colonial Legislature for that purpose made and provided or from taking holding and enjoying to them and their successors for any estate term of years or interest for the purpose of reimbursement only and not for profit any lands houses or other hereditaments or any merchandise or ships which may be taken by the Company in satisfaction liquidation or discharge of any debt due or to become due to the Company or from selling conveying and assuring the same as occasion may require And it is hereby declared that all such liens mortgages rights claims and holdings shall be valid accordingly. Power to 3. That in all cases in which by any Act of Parliament or of the "fflclf todo""''' Colonial Legislature or by any rule or order of the Supreme Court or cerUin actg. any other Court now or hereafter to be in force in this Colony the plaintiff or defendant in any action suit or other proceeding or any COMMEECIAL BANKING COMPANY. 325 creditor of an insolvent estate or any person being a party to or interested 27 Victobia. in any process or proceeding whatsoever is or shall be authorized empowered or required to mate any affidavit or to sign or present any petition or to do any other act it shall be lawful and competent for the manager or other officer or agent of the Company (where such Com- pany shall be such plaintiff defendant or creditor or be a party to or otherwise interested in any process or proceeding whatsoever as afore- said) for and on behalf of the Company to make any such affidavit sign or present any such petition or do any such other act as aforesaid. An Act to amend an Act intituled An Act to incorporate 3i Victokia. the Proprietors of a certain Banking Company called "The Commercial Banking Company of Sydney" and for other purposes therein mentioned and to repeal an Act assented to on the sixth day of December in the year of our Lord one thousand eight hundred and sixty-six intituled An Act to amend an Act intituled An Act to incorporate the Proprietors of a certain Banking Company called " The Commercial Banking Company of Sydney" and for other pur- poses therein mentioned. [23 December, 1867.] WHEREAS a certain Joint Stock Company called the Commercial Preamble. Banking Company of Sydney has been established and is carry- ing on the business of banking subject to certain rules regulations and provisions contained in a certain indenture or deed of settlement bearing date the fifteenth day of May in the year of our Lord one thousand eight hundred and forty-eight being the deed of settlement of the said Company And whereas by an Act of the Grovernor and Legislative Council of New South Wales passed in the eleventh year of Her Majesty's reign intituled An Act to incorporate the Proprietors of a certain Banking Company called the Commercial Banking Company of Sydney and for other purposes therein mentioned the said Company was incorporated And whereas by the sixth and seventh sections of the said Act the period during which the said CoriDoration may issue bank notes or bills and carry on the business of banking in the said Colony was limited to the term of twenty-one years to commence from the period when the said Act came into operation and a certain restriction was by the seventeenth section of the said Act imposed to the extension or increase of the capital of the said Company which extension or increase was provided for by the sixteenth section of the said Act and by the said deed of settlement And whereas by an Act of the Legislature of New South Wales passed in the thirtieth year of Her Majesty's reign intituled An Act to amend an Act intituled An Act to incorporate the Proprietors of a certain Banking Company called the Commercial Banking Company of Sydney and for other purposes therein mentioned the seventh and seventeenth sections of the said Act of Licorporation were repealed And whereas as it appears to be doubtful whether Her Majesty may not be advised to declare her disallowance of the said hereinbefore recited Act amending the said hereinbefore recited Act of 326 COMMEECIAL BANKING COMPANY. Repeal of 30th Victoria. Issue of bank notes for further term of ten years from expiration of present tenn. 31 Victoria. Incorporation it liatli been deemed expedient in order to remove all such doubts to repeal such amending Act And whereas it hath been found expedient to amend the said Act of Incorporation 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 said hereinbefore recited Act of the Legislature of New South Wales passed in the thirtieth year of Her Majesty's reign assented to on the sixth day of December in the year of our Lord one thousand eight hundred and sixty-six intituled An Act to amend an Act intituled An Act to incorporate the Proprietors of a certain Bank- ing Company called the Commercial Banking Company of Sydney and for other purposes therein mentioned shall be and is hereby repealed. Repeal of 2. The sixth seventh sixteenth and seventeenth sections of the said and'iTof^Act^of hereinbefore recited Act of Incorporation shall be and are hereby Incorporation, repealed. 3. It shall be lawful for the said corporation for and during the '' residue of the said term of twenty-one years mentioned in the said sixth section of the said hereinbefore recited Act of Incorporation and for and during the term of ten years to commence at and be computed from the expiration of the said term of twenty-one years to make issue and circulate at and from any city town or place in which they may have opened or established or in which they may hereafter open or establish any bank branch or establishment any bank notes or bills for one ]Dound two pounds or iive pounds sterling each or for any greater sum than five pounds sterling each but not for any fractional part of a pound and from time to time during the said term hereby granted to re-issue any such notes or bills when and as often as the said corpora- tion shall think fit but such privilege shall cease in case of the suspen- sion of specie payments on demand for the space of sixty days in suc- cession or for any number of days at intervals which shall amount altogether to sixty days within any one year or in case the said corpora- tion shall not well and truly maintain abide by perform and observe all and every the rules orders provisions and directions herein and in the said hereinbefore recited Act of Incorporation and the several Acts amending the same contained and set forth upon which the said cor- poration is empowered to open banking establishments or to issue and circulate promissory-notes, (a.) 4. (Power to issue limited to ten years from expiration of present term.) \_Bepealed hy 42 Vic. s. 2.] 5. It shall be lawful for the said corporation from time to time to extend or increase their capital for the time being by the creation allotment and disposal of new shares in the manner specified and set forth and subject to the rules regulations and provisions contained in the said deed of settlement. 6. The total amount of all the new shares to be so from time to time created allotted or disposed of shall not altogether exceed the sum of one million pounds and at least half the amount of the increased capital Capital may be increased. Extent of increase. (o) Vide 42 Vic. a. 1. COMMEECIAL BANKING COMPANY. 327 shall be actually paid up before any extension of the dealings of the 31 Victoria. said corporation in respect of such new capital shall be commenced and until half such new capital shall be so paid up the dealings and affairs of the said corporation shall be carried on in all respects as if such extension of capital had not taken place. 7. The said hereinbefore recited Act of Incorporation whenever cited short title of shall be sufficiently described as the " Commercial Banking Company of ■*'°'^' Sydney Incorporation Act" and this Act whenever cited shall be suffi- ciently described as the " Commercial Banking Company of Sydney Incorporation Act Amendment Act of 1867." An Act to continue for a further term of twenty-one 42 Victoria. years the provisions of the Commercial Banking Company of Sydney Incorporation Act (as amended) whereby the Commercial Banking Company of Syd- ney as thereby incorporated was empowered to make issue circulate and re-issue Bank Notes or Bills. [3 December, 1878.] WHEREAS by the terms of the sixth section of the Commercial Preamble. Banking Company of Sydney Incorporation Act the provisions therein contained for empowering the Commercial Banking Company of Sydney to make issue circulate and re-issue bank notes or bills in manner therein provided were thereby limited to a term of twenty-one years to commence as therein mentioned And whereas by the third section of the Commercial Banking Company of Sydney Incorpora- tion Act Amendment Act of 1867 the said provisions were extended for a further term of ten years And whereas the said term of ten years will shortly expire and it is expedient to continue the said pro- visions for a further period of twenty-one years Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and con- sent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as f oUowB : — 1. The powers conferred upon the Commercial Banking Company of Extension of Sydney by the third section of the Commercial Banking Company of Sotes'&o.'fo™ Sydney Incorporation Act Amendment Act of 1867 shall subject to the '5™*''"°°^ provisions in the said Act contained be and are hereby extended and shall continue and remain in force for a further term of twenty- one years from the passing of this Act. 2. The fourth section of the said Commercial Banking Company of Repeal of sec. 4 Sydney Incorporation Act Amendment Act of 1867 shall be and is hereby repealed. 328 46 Victoria. Preamble. Union incor- porated. CONGREGATIONAL UNION. An Act to incorporate the Congregational Union of New South Wales. [21 November, 1882.] WHEREAS certain persons being members of a religious body or denom.ination called Congregationalists or Independents in the Colony of New Soutb "Wales and holding as their general tenets the doctrines set forth in the Schedule A hereto have formed an association called the Congregational Union of New South "Wales the constitution of which is set forth and described in the Schedule B hereto And whereas certain lands and buildings in connection with the various churches of the said denomination are vested in trustees upon certain trusts but such trusts are not in all cases the same And whereas it is expedient that the said Union should be incorporated and that all the lands and buildings in connection with the various churches of the said denomi- nation should be held upon the same trusts 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. All persons who are or may become members of the religious body or denomination of Congregationalists or Independents and who com- pose the association called the Congregational Union of New South "Wales from henceforth shall be a body corporate by the name of the Congregational Union of New South "Wales and shall have perpetual succession and a common seal and under that name may sue and be sued prosecute and defend and take all other proceedings in all Courts civil and criminal within the said Colony and it shall be lawful for the said body corporate to make by-laws and such alterations in the constitution of the said body corporate as may be found from time to time necessary and it shall be further la\^'f ul for the said body corporate to take purchase receive hold and enjoy real and personal property of any description whatsoever and also to sell grant convey demise or otherwise dispose of either absolutely or by way of mortgage any of the property real or personal belonging to the said body corporate and generally to exercise subject to the provisions of this Act all powers incident to a body corporate and the committee for the time being of the said association shall have the custody and use of the common seal of the said body corporate and a majority of the members of such committee present at any meeting shall have power to use or direct the use of such seal for all purposes for which the use of such seal is required. 2. All persons who now hold or in whom are vested lauds or build- ings within the said Colony as trustees in trust for- the said body or denomination called Independents or Congregationalists or for any isteempowerrf church connected therewith under any deed or deeds may subject to the iJn?on.™^ '° "'^ proviso hereinafter contained convey the same to the said body corporate and the same shall thereafter be held by the said body corporate under and subject to the trusts set forth and speciiied in Schedule C hereto and the trusts under which such lands or buildings had been theretofore Trustees of lands &c. held on trusts for Inde- pendents or Cougreg:ationaL CONGEEGATIONAL UNION. 329 held shall thereupon cease and determine And it is further enacted 46 Victoria. that if any of the said trustees should at the time of the execution of co-trustee em- such conveyances be absent from the said Colony then any of his co- exS^e^a con- trustees may act as his attorney and sign and execute any such convey- veyance for ance for every such trustee so absent from the Colony as aforesaid and f™m UieCoiony. such signature and execution shall have the same effect as if such con- veyance was signed and executed by the trustee so absent from the Colony as aforesaid. 3. Provided that such trustees shall not make any such conveyance No such convey- as aforesaid to the said body corporate until they have first obtained Sntn consenT'' the consent and direction of the majority of the church members in and direction of trust for "whom such lands are held present at a meeting duly convened ohurchmembers as hereinafter mentioned for that object and such meeting shall be obtained, called by a notice of the object of such meeting together with the day hour and place of holding such meeting which notice shall be signed by the pastor for the time being or in case of his neglect for fourteen days or absolute refusal after request in writing made by five members of the church or in case of there being no pastor then by the same number of members and be posted on the door of the church building used for public worship on or in connection with the said lands on at least two successive Sundays immediately preceding the day on which such meeting shall be appointed to take place and shall if practicable be read during some part of each of the public ser- vices held on the same two Sundays in such church buildiag and that no direction or consent shall be considered to have been given until such meeting shall have been called in the way prescribed and the majority of the church members present and voting at such meeting shall have passed a resolution directing such conveyance to be made. 4. Only the members present at any such meeting of the age of Members en- twenty-one years and upwards shall be allowed to vote and that no ''^^^"^ '° ^'°'^* person who shall have been admitted as an occasional communicant or who shall not have been a member of the church and shall not have been so inscribed on the church books for the space of three calendar months immediately prior to such meeting shall be entitled to vote or take any part in any of the church matters aforesaid. 5. The chairman of every such meeting as aforesaid shall be the who to be pastor of church or in case of his refusal absence or incapacity or of chairman of there being no pastor then a person chosen by the major part of the members present at the meeting and the chairman of such meeting shall not have a deliberative vote but in case of an equality of votes on any question shall have a casting vote. 6. This Act shall be styled the " Congregational Union Incorpora- short title. tion Act." SCHEDULES. SCHEDULE A. 1. The existence of one only God Father Son and Holy Spirit. 2. The fall of man from a sinless state into one of sin and death. 3. The incarnation of the Divine Word as our Lord and Saviour Jesus Christ Son of God and Son of man His sufferings and death as a propitiation for the sins of the world and the salvation by grace through faith of all who beliere in Him. 4. The necessity of the influence of the Holy Si^irit for the restoration of man to holiness and life. 5. The moral responsibility of man and the unlimited nature of the provisions and invitations of the Gospel. 330 CONGEEGATIONAL UNION. 46 Victoria. 6. The Divine inspiration of Holy Scripture in the Old and New Testaments and its supreme authority as the rule of faith and practice. 7. The immortality of the soul the resurrection of the dead and the final judg- ment with its eternal consequences. 8. The exclusive right of every church to manage its own affairs. 9. The baptism of infants and of adult believers who were not baptised in infancy. 10. The open confession of the name of the Lord Jesus Christ in the celebration of the Lord's Supper according to His command. 11. The apostolic institution in the churches of two offices for their spiritual oversight and the administration of their temporal affairs namely that of presbyters and bishops and that of deacons. SCHEDULE B. 1. The General Assembly shall consist of Congregational ministers and members of Congregational Churches. 2. Each of the associated churches shall be represented by its pastor and by delegates according to the following scale for thirty members or under two dele- gates and an additional delegate for every twenty members above the first thirty. 3. Churches shall be received into the Union at any October meeting by vote of two-thirds of the Assembly notice having been given in writing to one of the secretaries at least seven days before the meeting by two pastors of associated churches. 4. The Assembly shall have the power of admitting by vote as personal members recognized Congregational ministers not having pastoral charge. 5. The Assembly shall meet once in every year in Sydney in the month of October A second meeting of the Assembly may be held in the month of April if the committee consider it necessary or if a requisition for the same signed by any six delegates and stating the object and place of such meeting be given in writing to the secretaries at least one month beforehand. 6. At each October meeting a chairman treasurer registrar and a ministerial and lay secretary shall be chosen the chairman shall begin to hold office at the next October meeting. 7. At each October meeting the Assembly shall also choose from amongst them- selves a committee consisting of eight members (exclusive of the chairman treasurer registrar and secretaries who shall be members ex-officio) which committee shall make all arrangements for the meetings of Assembly present an annual report and further attend to all matters referred to it by the Assembly. 8. AH elections shall be by ballot after nomination Nomination to be made by any member of the Assembly and notified in writing to the secretary at least seven days before the day of election. 9. Each of the associated churches shall make an annual contribution to the funds of the Union and each member of the Assembly shall give an annual subscrip- tion of not less than five shillings. 10. The rules and constitution of this Union shall not be subject to any alteration or addition except at the October meeting of the Assembly and after notice given at the previous October meeting. SCHEDULE C. 1. Upon trust that the church being persons for the time being united together in fellowship forming » Christian church of the Congregatioual or Independent denomination and called church members shall be permitted to erect on the land a church building vestry school-house parsonage offices and other btiildings with all necessary appendages in such form and at such period or periods as they may think proper and direct. 2. Upon trust to permit the said premises to be used occupied and enjoyed as a place for the public worship of God according to the usages of the Congregational denomination commonly called Independents under the direction of the church for the time being assembling for worship therein and for the instruction of children and adults and for the promotion of such other religious or philanthropic purposes or for the residence of the pastor or other jjersous as the said church shall from time to time direct And under the direction of the said church to permit the said premises to be repaired altered enlarged taken down and wholly or partially rebuilt or any other buildings to be erected on the said ground so as to render the said premises better adapted for the accomplishment of the purposes aforesaid. 3. And upon trust to permit the persons appointed for that purpose by the said church to receive all moneys and subscriptions given or paid for the use of pews CONG-EEaATIONAL UNIOJN". 33I and sittings or otherwise contributed for the purposes aforesaid which moneys and 46 Victoeia. subscriptions shall in the first place be applied in the discharge of all interest on borrowed moneys premiums for insurance against fire trustees' expenses and other claims properly payable thereout and the residue thereof shall be applied for the maintenance of Divine worship in the said premises and other the purposes of these presents as the said church shall from time to time direct. 4. And upon trust to permit such persons only to officiate in the said premises as stated pastors as shall be of the denomination aforesaid and shall hold the doctrines set forth in Schedule A to this Act and shall (except as to the present pastor) have been chosen by the said church And shall not permit to officiate in the said premises as a stated pastor any person who shall be guilty of immoral conduct or who shall cease to be of the denomination aforesaid or who shall cease to hold the said doctrines or who shall have been removed from his office by the said church. 5. And upon trust to permit such occasional ministers or other -persons to offi- ciate in the said premises as the stated pastor shall appoint or if there be no pastor as the deacons or deacon thereof shall (unless the said church shall otherwise direct) appoint. 6. And upon trust to raise such sum or sums of money when and on such terms as shall be directed by the said church by deposit of the title deeds or by mortgage (with or without powers of or trusts for sale) of the said premises or any part thereof and to execute all proper assurances for that purpose. 7. And when and in such manner and on such terms and subject to such condi- tions as to title or otherwise as shall be directed by the said church absolutely to sell the said premises or any part thereof either together or in parcels by public auction or private contract or partly in each mode or to exchange the said premises or any part thereof for other premises and in the said respective cases to assure the same accordingly. 8. And upon trust to stand possessed of the money which from time to time shall be received on any sale mortgage or exchange made in pursuance of these presents upon trust after making provision for the payment of all charges upon the trust estate and of the expenses incurred by the said body corporate to invest lay out or dispose of the same in such manner and for such purposes for the benefit of the said church and in accordance with the tenor of these presents in the improve- ment of the trust property the enlargement repair or building of the trust premises and the purchase of other property or properties or any of them or otherwise as shall be directed by the said church. 9. And upon trust to demise the said trust estate or any part or parts thereof for such period at such rent and upon siich terms and conditions as shall be directed by the said church and that the rent and other money arising therefrom shall be applicable in the manner prescribed in clause III of this Schedule with respect to the money therein mentioned and that the reversion of the trust estate shall be subject to all the powers of sale mortgage and exchange and the directions and trusts relating thereto as hereinbefore or hereinafter contained. 10. Provided always that a receipt under the seal of the said body corporate and signed by two members of the committee of the said body corporate for any mort- gage sale exchange rent or other moneys payable in respect of the said trust premises shall exonerate the persons taking the same from all liability to see to the application thereof and that it shall not be incumbent on any mortgagee pur- chaser or tenant of the said premises or any part thereof or on any person taking the same in exchange to inquire into the necessity or propriety of any such mort- gage sale letting or exchange or its authorization by these presents or into the due election of any new trustees or trustee hereunder. 11. Provided also that (in addition to and without prejudice to the power hereinbefore contained) in case the said corporate body shall be required to pay any money for which they shall be liable in relation to the trusts in this Schedule contained and the same shall not be duly provided by the said church or otherwise than by such corporate body it shall be lawful for the said corporate body without the consent or direction of the said church or any member thereof after the expiration of six calendar months written notice from the secretary of the said corporate body duly authorized in that behalf requiring payment of such money and stating the intention of the said corporate body in case of default to mortgage or sell the said premises as hereinafter mentioned given to the then pastor for the time being of the said church if there shall be such pastor and to the deacon if there shall be one and only one or if there shall be more than one deacon to at least two deacons for the time being of the said church or if there shall be no such deacon or deacons to at least two members of the committee or other body for the 332 CONGEEGATIOlsrAL UNION. 46 Victoria, time being if any appointed by the said church to act instead of deacons and also affixed to the doors of the said church building on three successive Sundays to mortgage or sell all or any part of the said trust premises when and in such manner in all respects as the said corporate body shall think proper and out of the pro- ceeds thereof to pay all expenses of and incident to such mortgage or sale and fully to reimburse and indemnify the said corporate body so liable and then to dispose of the net residue thereof (if any) in such manner and for such religious purposes (not tending to the promulgation of doctrines inconsistent with those set forth in Schedule A to this Act) as are provided in clause three of this Schedule And it is hereby declared that it shall not be incumbent on any mortgagee or purchaser whose title shall be founded on this clause to inquire into the necessity for or propriety of any such mortgage or sale or as to the fact of such notice having been given as aforesaid. 12. That every Assembly or church meeting to be hereafter convened for directing or fulfilling any of the purposes aforesaid shall be called by a notice of the object of such meeting together with the day hour and place of holding such meeting which notice shall be signed by the pastor for the time being or in case of his neglect for fourteen days or absolute refusal after request in writing made by iive members of the church or in case of there being no pastor then by the same number of members and be posted on the door of the church building used for public worship on the hereditaments hereby granted or hereafter acquired on at least two successive Sundays immediately preceding the day on which such meet- ing shall be appointed to take place and shall if practicable be read during some part of each of the public services held on the same two Sundays on the trust premises and that no direction shall be considered to have been given until such meeting shall have been called in the way prescribed and the majority of the church members present and voting at such meeting shall have passed a vote or votes in accordance with the proposed object and presented a request in writing under the signature of the chairman of the meeting so held to the said body corporate. 1.3. That only the members present at any such meeting of the age of twenty-one years and upwards shall be allowed to vote and that no person who shall have been admitted as an occasional communicant or who shall not have been a member of the church and shall not have been so inscribed on the church books for the space of three calendar months immediately prior to such meeting shall be entitled to vote or take any part in any of the church matters aforesaid. 14. That the chairman of every such meeting as aforesaid shall be the pastor of the church or in case of his refusal absence or incapacity or of there being no pastor then a person chosen by the major part of the members present at the meeting and that the chairman of such meeting shall not have a deliberative vote but in case of an equality of votes on any question shall have a casting vote. 15. That the administration of the afiairs of the said church shall not except as herein specifically directed be in any manner affected. 16. Provided also that if at the time of the execution of the conveyance of the land to the said body corporate or at any time thereafter there shall be no such church as aforesaid formed or established in the district where such land is situate the said body corporate shall until such church be formed or established as afore- said have power and nuthority to perform and do all things necessary for the carrying out of the trusts aforesaid as fully and effectually to all intents and pur- poses as if such church existed and consented thereto or directed the same to be done and performed. 17. Provided also that if no such church be formed within five years from the date hereof or if the said church shall be dissolved or dispersed and not be again formed within six calendar months next thereafter or if the stated public worship of God in the said premises shall be discontinued for two j'ears together then and in either of the said cases upon trust to let sell or otherwise dispose of the said premises or any part thereof and to deal with the net moneys received for or in respect of the same in such manner and for such religious purposes (not tending to the promulgations of doctrines inconsistent with those set forth in Schedule A to this Act) as shall be directed by the said body corporate. 333 COOKBUNDOON SLATE QUAREY TRAMWAY. An Act to enable a Company called " The Cookbundoon ^5 Victoria. Slate Company (Limited)" to construct a Tramway from the Cookbundoon Slate Quarries to the Great Southern Railway. [19 December, 1881.] WHEREAS certain persons now residing in the Colony of New preamble. South Wales have opened and established certain slate quarries on a parcel of land situate near Mannafield in the county of Argyle and with others have formed themselves into a Company called the Cookbundoon Slate Company (Limited) and in order to facilitate com- munication between the said slate quarries and the G-reat Southern Hallway such Company is desirous of constructing a tramway from their said slate quarry to the Great Southern Railway but as part of such proposed tramway is intended to be made upon and pass through lands believed to be the property of the Crown and private persons respectively the same cannot be made without legislative authority And whereas the said slate quarries are likely to prove beneficial to the Colony and the public are concerned in promoting such an increase in and facilities for the supply of slate for local consumption as would result from the construction of the said proposed tramM^ay and the traific on the Grreat Southern Railway would be increased thereby it is therefore desirable to authorize by legislative enactment the con- struction of the said tramway subject to the provisions hereinafter contained upon payment of compensation to the several parties through whose land the same shall pass for such portion of their respective lands as may be required to be taken and occupied thereby 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. It shall be lawful for the said Company to make and construct a Authority to tramway from the southern boundary of their said land into and w™^andcon™ect through the land belonging to Augustine M. Betts and into and through ?ame with Great Crown land and into and through land said to belong, to way. Moore and into and through Crown lands and into and through land said to belong to "William Wallace and into and through Crown lands and into and through John Prost's land and into and through James Sample's land the said tramway line crossing a certain parish road and also the road from G-oulburn to Grreenwich Park and terminating at a point on the Grreat Southern Railway at or near the Mannafield Plat- form and to effect if necessary a junction between said line and the G-reat Southern Railway in accordance with section ninety-nine of the Government Railways Act of 1858 such tramway to be in the line described in the Schedule but so that the same shall not occupy at any part thereof (except near the junction of the Great Southern Railway) a greater space in breadth than sixty-six feet And also that the said Company may take and occupy three acres of land or any lesser area at the junction of the said tramway with the Great Southern Railway or the said road to Greenwich Park as aforesaid. 334 COOKBUNDOON SLATE QUAEET TEAMWAT. 45 VicTOEiA. 2. The ground and soil of so much of the site of the tramway as Site of tramway passes OTsr the lands of the said owners of lands respectively and in^he'company °'^^^ Crown land together with such rights of ingress egress and without convey- regress upon the adjacent land as may be necessary for the making and repair thereof shall he vested by virtue of this Act and without the necessity of any conveyance in the Company for the purposes of the tramway Provided that no lands vested in the Commissioner for Eailways shall by virtue of this Act be vested in the Company and nothing herein contained shall prevent the said owners from carrying on any mining operations beneath the said tramway which shall not interfere with the safety of the said tramway and the traffic thereon and the Company shall have no further right to the soil of the said lands beneath the surface than shall be requisite for the formation and repair of the said road by cutting embanking sinking wells or otherwise Provided also that if in the exercise of the powers hereby granted it be found necessary to cross cut through sink raise or use any part of any road whether carriage road or horse road so as to render it impass- able for or dangerous or inconvenient to the persons entitled to the use thereof the Company shall before the commencement of any such operations cause a sufficient road to be made instead of any road inter- fered with and shall at their own expense maintain such substituted road in a state as convenient as the road interfered with or as nearly as may be And the Company before they use the said lands of the said owners of lands respectively and the said Crown land for any of the purposes as aforesaid shall if required so to do separate the same by a sufficient fence from the land adjoining thereto with such gates as may be required for the convenient occupation of such land and shall also to all private roads used by them as aforesaid put up fences and gates in like manner in all cases where the same may be necessary to prevent the straying of cattle from or upon the lands traversed by such roads and in case of any difference between the ovsTiers or occupiers of such roads and lands and the Company as to the necessity for such fences and gates then the said Company shall put up and erect such fences and gates as any two Justices of the Peace shall deem necessary for the purposes aforesaid on application being made to them. Tramway open 3. The tramway shall be open to the public use upon payment of a to the public. ^gii to the Company of a sum not exceeding three pence per ton per mile in respect of every ton of goods for every transit the party seek- ing transit supplying and loading his own trucks or waggons and the Company supplying locomotive power and all trucks when emptied shall be conveyed on their return free of cost Provided always that it shall not be compulsory on the Company to supply locomotive power unless the party seeking transit guarantee and bring one hundred tons at least during the twelve working hours and give notice of same at least twenty-four hours previously The tramway shall at all times be open to the public upon payment of a toll to the Company of a sum not exceeding two pence per ton per mile in respect of every ton of goods for every transit if the party seeking transit supply the loco- motive power as well as the trucks and waggons Provided that so long as the Company shall be willing to supply locomotive power no other person shall use locomotive power on the line Provided that if the tramway shall be damaged by parties who shall themselves use the tramway for transit and supply locomotive power the Company shall be entitled to compensation for such damage to be recovered either by action in the Supreme Court of New South "Wales or if such damage COOKBUNDOON SLATE QUAEET TEAMWAT. 335 do not exceed the sum of twenty pounds summarily before two Justices 45 Victoeia. and in estimating such damage the Company shall be entitled not only to compensation for the cost of repairing and restoring the tramway but to the consequential damage (if any) sustained by reason of the suspension of transit or otherwise. 4. And be it enacted That it shall be lawful for the owners or Branch occupiers of the lands traversed by the said tramway to lay down upon '''*"'**''^' their own lands any collateral branches of tramway to communicate with the said tramway for the purpose of bringing carriages to or from or upon the said tramway and the Company shall if required at the expense of such owners or occupiers make openings ia the rails and such additional lines of tramway as may be necessary for effecting such communication in places where the communication can be made with safety to the public and without injury to the said tramway and without inconvenience to the traffic thereupon and the Company shall not take any rate or toU or other moneys for the passing of any passengers goods or other things along any branch so to be made by any such owner or occupier or other person but this enactment shall be subject to the following restrictions and conditions (that is to say) — No such tramway shall run parallel to the said tramway — the Company shall not be bound to make any such openings in any place which they shall have set apart for any specific purpose with which such communication would interfere nor upon any inclined plane or bridge nor in any tunnel. The persons making or using such branch tramways shall be subject to all by-laws and regulations of the Company from time to time made with respect to passing upon or crossing the tramway and otherwise And the persons making or using such branch tramways shall be bound to construct and from time to time as need may require to renew the of£-set plates and switches according to the most approved plan adopted by the Company under the direction of their engineer. 5. Por the purposes and subject to the provisions hereinafter con- power to divert tained it shall be lawful for the Company their deputies agents servants "^ ^i*^"^ ''°'^<'^- and workmen and all other persons by them authorized and empowered to divert or alter the course of any road or way crossing the tramway or to raise or sink any road or way in order the more conveniently to carry the same over or under or by the side of the tramway. 6. If the Company do not cause another sufficient road to be so made Penalty for not before they interfere with any such existing road as aforesaid they road!''"*'°^ "" shall forfeit twenty pounds for every day during which such substituted road shall not be made after the existing road shall have been inter- rupted and such penalty shall be paid to the Trustees Commissioners surveyor or other persons having the management of such road if a public road and shall be applied for the purposes thereof or in case of a private road the same shall be paid to the owner thereof and every such penalty shall be recoverable with costs by action in any of the superior Courts. 7. If in the course of making the tramway the Company shaU use Road repairs. or interfere with any road they shall from time to time make good all damage done by them to such road and if any question shall arise as to the damage done to any such road by the Company or as to the repair thereof by them such question shall be referred to the deter- mination of two Justices and such Justices may direct such repairs 336 COOKBIJNDOON SLATE QUAEET TEAMWAT. 45 ViCTOEIA. Owners crossing Provisions in cases where roads are crossed on a level. Power to enter upon adjoining lands to repair accidents sub- ject to certain restrictions. to be made in the state of such road in respect of damage done by Company and within such period as they may think reasonable and may impose on the Company for not carrying into effect such repairs any penalty not exceeding ten pounds per day as to such Justices shall seem fit and any such penalty shall be paid to the surveyor or other person having the management of the road interfered with by the Company if a public road and be applied for the purposes of such road or if a private road the same shall be paid to the owner thereof Provided always the said Justices shall have regard to and shall make full allowance for any tolls that may have been paid by the Company on such road in the course of the using thereof. 8. Until the Company shall have made the bridges or other proper communications which they shall under the provisions herein contained have been required to make between lands intersected by the tramway and no longer the owners and occupiers of such lands and any other persons whose right-of-way shall be affected by the want of such communications and their respective servants may at all times freely pass and repass with carriages horses and other animals directly but not otherwise across any part of the tramway made in or through their respective lands solely for the purpose of occupying the same lands or for the exercise of such right-of-way and so as not to obstruct the passage along the tramway or to damage the same nevertheless if the owner or occupier of any such lands have in his arrangements with the Company received or agreed to receive compensation for or on account of any such communications instead of the same being formed such owner or occupier or those claiming under him shall not be entitled so to cross the tramway. 9. If the tramway cross any public highway or parish road on a level the Company shall erect and at all times maintain good and sufficient gates across such road on each side of the tramway where the same shall communicate therewith and shall employ proper persons to open and shut such gates and such gates shall be kept constantly closed across such roads on both sides of the tramway except during the time when horses cattle carts or carriages passing along the same shall have to cross such tramway and such gates shall be of such dimensions and so constructed as when closed to fence in the tramway and prevent cattle or horses passing along the road from entering upon the tramway and the person intrusted with the care of such gates shall cause the same to be closed as soon as such horses cattle carts or carriages shall have passed through the same under a penalty not exceeding forty shillings for every default therein Provided always that it shall be lawful for the Secretary for Public Works in any case in which he shall be satis- fied that it will be more conducive to the public safety that the gates on any level crossing over any such road shall be kept closed across the tramway to order that such gates shall be kept so closed instead of across the road and in such case such gates shall be kept constantly closed across the tramway except when engines or carriages passing along the tramway shall have occasion to cross such road ia the same manner and under the like penalty as above directed with respect to the gates being kept closed across the road. 10. In case of accidents or slips happening or being apprehended to the cuttings embankments or other works of the said tramway it shall be lawful for the Company and their workmen and servants to enter upon the land adjoining thereto at any time whatsoever for the purpose of COOKBUNDOON SLATE QUAEET TEAMWAT. 337 repairing or preventing such accidents and to do sucli worts as may be 45 Victoeia, necessary for the purpose but in every such case the Company shall ■vsithin forty-eight hours after such entry make a report to the Secre- tary for Public "Works specifying the nature of such accident or appre- hended accident and of the works necessary to be done and such powers shall cease and determine if the said Secretary shall after con- sidering the said report certify that their exercise is not necessary for the public safety Provided also that such works shall be as little in- jurious to the said adjoining lands as the nature of the accident or apprehended accident will admit of and shall be executed with all possible dispatch and full compensation shall be made to the owners and occupiers of such lands for the loss or injury or inconvenience sus- taiued by them respectively by reason of such works the amount of which compensation in case of any dispute about the same shall be settled by arbitrators in the manner hereinafter mentioned And pro- vided also that no land shall be taken permanently for any such works otherwise than is herein provided with respect to the lands originally taken for the purpose of making the said tramway. 11. Every bridge to be erected for the purpose of carrying the tram- Construction of way over any road shall be built in conformity with the following roadaf ""^ regulations (that is to say) : — The width of the arch shall be such as to leave thereunder a clear space of not less than thirty feet if the arch be over a public highway and of twenty feet if over a parish road and of twelve feet if over a private road. The clear height of the arch from the surface of the road shall not be less than sixteen feet for a space of twelve feet if the arch be over a main road and fifteen feet for a space of ten feet if over a public carriage road and in each of such cases the clear height at the springing of the arch shall not be less than twelve feet the clear height of the arch for a space of nine feet shaU not be less than fourteen feet over a private road. The descent made in the road in order to carry the same under the bridge shall not be more than one foot in thirty feet if the bridge be over a public highway one foot in twenty feet if over a parish road and one foot in sixteen feet if over a private road not being a tramroad or railroad or if the same be a tramroad or railroad the descent shall not be greater than the ruling gradient of such tramroad or railroad. 12. Every bridge erected for carrying any road over the tramway construction of shall be built in conformity with the following regulations (that is to t/amroad™' say) :— There shall be a good and sufficient fence on each side of the bridge of not less height than four feet and on each side of the immediate approaches of such bridge of not less than three feet. The road over the bridge shall have a clear space between the fences thereof of thirty-five feet if the road be a public high- way and twenty-five feet if a parish road and twelve feet if a private road. 338 COOKBTJNDOON' SLATE QUAEET TEAMWAT. cei-tain cases. Existing inclina- tion of roads crossed or diverted need not be improved. 45 Victoria. Tlie ascent sliall not he more than one foot in thirty feet if the road he a main road one foot in twenty feet if a parish road and one foot in sixteen feet if a private road not being a tramroad or raih'oad or if the same be a tramroad or railroad the ascent shall not be greater than the ruKng gradient of such tramroad or railroad. Tiie width of the 13. Provided always that in all cases where the average available exceed\he width width for the passing of carriages of any existing road within fifty of the road in yards of the points of crossing the same is less than the width herein- before prescribed for bridges over or under the tramway the width of such bridges need not be greater than such average available width of such roads but so nevertheless that such bridges be not of less width in case of a public highway or parish road than twenty feet Provided also that if at any time after the construction of the tramway the average available width of any such road shall be increased beyond the width of such bridge on either side thereof the Company shall be bound at their own expense to increase the width of the said bridge to such extent as they may be required by the trustees or surveyors of such road not exceeding the width of su.ch road as so widened or the maxi- mum width herein prescribed for a bridge in the like case over or under the tramway. 14. Provided also that if the mesne inclination of any road within two hundred and fifty yards of the point of crossing the same or the inclination of such portion of any road as may be preserved to be altered or for which another road shall be substituted shall be steeper than the inclination hereinbefore required to be preserved by the Company then the Company may carry any such road over or under the tramway or may construct such altered or substituted road at an inclination not steeper than the said mesne inclination of the road so to be crossed or of the road so requiring to be altered or for which another road shall be substituted. 15. The Company shall make and at all times thereafter maintain the following works for the accommodation of the owners and occupiers of lands adjoining the tramway (that is to say) — ■ Such and so many convenient gates bridges arches culverts and passages over under or by the sides of or leading to or from the tramway as shall be necessary for the purpose of making good any interruptions caused by the tramway to the use of the lands through which the tramway shall be made and such works shall be made forthwith after the part of the tramway passing over such lands shall have been laid out or formed or during the formation thereof All sufficient posts rails hedges ditches mounds or other fences for separating the land taken for the use of the tramway from the adjoining lands not taken and protecting such lands from trespass or the cattle of the owners or occupiers thereof from straying thereon by reason of the tramway together with all necessary gates made to open towards such adjoining lands and not towards the tramway and all necessary stiles and such posts rails and other fences shall be made forthwith after the taking of any such lands if the owners thereof shall so require and the said other works as soon as conveniently may be Worlcs for benefit of owners. Gates bridges &c. Fences. COOKBUNDOON SLATE QUAEET TEAMWAT. 339 Also all necessary arches tunnels culverts drains or other passages 45 Vicitoeia. either over or under or by the sides of the tramway of such dimensions as will be sufficient at all times to convey the i*™™- water as clearly from the lands lying near or affected by the tramway as before the making of the tramway or as nearly so as may be and such works shall be made from time to time as the tramway works proceed Also proper watering-places for cattle or compensation in lieu Watering-piaces. thereof whereby reason of the tramwaythe cattle of anyperson occupying any lands lying near thereto shall be deprived of access to their former watering-places and such watering- places shall be so made as to be at aU times su£B.ciently supplied with water as theretofore and as if the tramway had not been made or as nearly so as may be and the said Com- pany shall make all necessary watercourses and drains for the purpose of conveying water to the said watering-places Provided always that the Company shall not be required to make such accommodation works in such a manner as would prevent or obstruct the working or using of the tramway nor to make any accommodation works with respect to which the owners and occupiers of the land shall have agreed to receive and shall have been paid compensation instead of the making them. 16. If any person omit to shut and fasten any gate set up at either Penalty on side of the tramway for the accommodation of the owners or occupiers toSen gate™^ of the adjoining lands so soon as he and the carriage cattle or other animals under his care have passed through the same he shall forfeit for every such offence any sum not exceeding ten pounds. 17. The Company shall not be entitled to any mines of coal iron- Minerals not to stone slate or other minerals under any land whereof the surface is ''^^' vested in them by virtue of this Act except only such parts thereof as shall be necessary to be dug or carried away in the construction of the works hereby authorized and such mines shall not be deemed to vest in the said Company. 18. If within twenty-eight days after the passing of this Act the Compensation said persons through whose lands the tramway shall pass or any of " ™^^ them and the Company shall not agree as to the amount of compensa- tion to be paid by them for the said lands belonging to the said parties or any of them or for any damage that may be sustained by them or him by reason of the execution of the works or if any other question as to compensation shall arise under this Act the amount of such com- pensation shall be settled by arbitrators appointed in accordance with Appointment the Act thirty-first Victoria number fifteen intituled An Act to make "^ "'^^''to'^s- arbitrations more effectual and all the provisions of the said Act shall apply to arbitrations under this Act. 19. The Company shall make compensation and satisfaction to the compensation said owners and occupiers — the amount of such compensation and satis- p^'mianenrOT faction to be ascertaiued and recovered in case of difference in the recurring manner hereby provided — ^f or temporary permanent or recurring injury ™^"™^' and all other damage loss costs charges and inconvenience which may in anywise be occasioned to the said owners or occupiers by the non- performance by the said Company of any of the matters and things hereby required to be performed by them or otherwise. 340 COOKBUNDOON SLATE QUAEET TEAMWAT. 45 Victoria. 20. In every c&se where the Company shall take temporary possession Compensation to of lands by virtue of the powers hereby granted it shall be incumbent teimi^ry'occu- °^ them within one month after their entry upon such lands upon pation. being required so to do to pay to the occupier of the said lands the value of any crop or dressing that may be thereon as well as full com- pensation for any other damage of a temporary nature which he may sustain by reason of their so taking possession of their lands and they shall also from time to time during their occupation of the said lands pay half-yearly to such occupier or to the owner of the lands as the case may require a rent to be fixed by two Justices in case the parties differ and shall also within six months after the completion of the railway pay to such owner and occupier or deposit in the bank for the benefit of all parties interested as the case may require compensation for all permanent or other loss damage or injury that may have been sustained by them by reason of the exercise as regards the said lands of the powers hereby granted including the full value of all clay stone gravel sand and other things taken from such lands. 21. Por the purpose of regulating the conduct of the officers and servants of the Company and for providing for the due management of the affairs of the Company in all respects it shall be lawful for the Company subject to the provisions herein mentioned from time to time to make such by-laws and regulations as they shall think fit Provided that such by-laws be not repugnant to the laws of the Colony or to the provisions of this Act or to any resolutions of any general meeting of shareholders and such by-laws shall be reduced into writing and shall have affixed thereto the common seal of the Company and a copy of such by-laws shall be given to every officer and servant of the Company affected thereby and such by-laws may specify a maximum and minimum penalty for any breach thereof such penalty to be proceeded for and recovered under the provisions of the Act eleventh and twelfth Victoria chapter forty-three Provided always that any by-laws of the said Com- pany relating to penalties must be first approved of by the Attorney- General of the Colony for the time being. Evidence of by- 22. The production of a printed or written copy of the by-laws of '™^- the Company having the common seal of the Company affixed thereto shall be sufficient evidence of such by-laws in all proceedings under the Company may make by-laws. Lands belonging to Commissioner for Railways not to be taken. Commissioner may erect signala and appoint watchmen and switchmen. "WorVinff of Rif;nnla to b? under repulu- tions of Commis- eiOHLT. 23. Nothing in this Act shall be deemed to authorize the said Com- pany to take or enter upon any lands belonging to the Commissioner for Eailways or to alter or to interfere with the G-reat Southern Eail- way or any of the works thereof further or otherwise than is necessary for making the junction and inter-communication between the railways without the previous consent in writing in every instance of the Com- missioner for Eailways. 24. The Commissioner for Eailways shall from time to time erect such signals and conveniences incident to the junction either upon his own lands or on the lands of the Company and may from time to time appoint and remove such watchmen switchmen and other persons as may be necessary for the prevention of danger to or interference with the traffic at or near the junction. 25. The working and management of such signals and conveniences wherever situate shall be under the exclusive regulation of the Com- missioner for Eailways. COOMA EOMAN CATHOLIC CHUECH. 3^1 26. Nothing herein contained shall alter repeal or otherwise affect 45 Victoeia. the Government EailwayS Act of 1858. Government Rail- ways Act of 1858 27. In this Act the word " owner " shall mean any person or corpora- ?°pe'"d."' °' tion who under the provisions of this Act would be able to sell land to interpretation the Company. «'""«"■ 28. This Act may be cited as the " Cookbundoon Slate Quarry short title. Tramway Act of 1881." THE SCHEDULE HEEEINBEEOEE EEFEEEED TO. Commencing at a point on the southern boundary of the land of the Company and passing in a southerly direction through lands of A. M. Betts thence through Government lands to Moore's land and through that land in a similar direction to other Crown lands and through that land in a similar direction to Wallace's land and through that land in a similar direction to other Crown Lands and through that land in a similar direction to the boundary of Frost's land thence through that land to the boundary of James Sample's land thence through that land to the road from Goulbum to Greenwich Park and across that road to the Great Southern Railway at or near Mannafleld Platform and the said tramway line to cross any other parish roads lying between the said slate quarries and the Great Southern Railway. COOMA EOMAN CATHOLIC CHUECH TEUSTEES. An Act to enable tlie Most Eeverend Eoger Bede 39 Victoria. Vaughan the Very Eeverend Edward O'Brien Alex- ander Montague Patrick Jeremiah Joseph Clifford and David O'Eourke Trustees of allotments one two three and four of section six in the town of Cooma as sites for a Eoman Catholic Church Minister's Eesidence and School-house to sell the said allot- ments and to provide for the appropriation of the proceeds thereof. [29 March, 1876.] WHEEEAS by three several deeds of grant from the Crown all preamble, bearing date the twenty-eighth day of February in the year of our Lord one thousand eight hundred and seventy-six under the hand of His Excellency Sir Hercules G-eorge Eobert Eobinson Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George Governor and Commander-in-Chief of the Colony of New South "Whales and its Dependencies and Vice- Admiral of the same and the seal of the said Colony allotments one two three and four of section six in the town of Cooma were granted to the Most Eeverend Eoger Eede Vaughan the Very Eeverend Edward O'Brien Alexander Mon- tague Patrick Jeremiah Joseph CUfford and David O'Eourke upon the f oUovdng trusts that is to say allotments one and two as a site for a Eoman Catholic church allotment three as a site for a Eoman Catholic minister's residence and allotment four as a site for a Eoman Catholic school-house which allotments are the lands described in the Eirst Schedule hereto And whereas by seven several deeds of grants from the Crown six bearing date the first day of December in the year of our 342 COOMA EOMAN CATHOLIC CHUECBL 39 Victoria, Lord one thousand eight Imndred and seventy -four and one bearing date the twenty-fifth day of March in the year of our Lord one thousand eight hundred and seventy -five all under the hand of his said Excellency Sir Hercules G-eorge Eohert Eobiason and the seal of the said Colony allotments two three four five six and seven of section fifty-three in the said town of Cooma and a lane dividing the said allotments being the lands described in the Second Schedule hereto were for the considera- tion money therein mentioned granted unto the Very Eeverend Samuel John Austin Sheehy and the said Edward O'Brien and Alexander Montague their heirs and assigns for ever And whereas the said lands described in the Second Schedule hereto are more suitable than the lands described in the Pirst Schedule hereto for the purposes for which the last-mentioned lands were granted as aforesaid And whereas the said Samuel John Austin Sheehy Edward O'Brien and Alexander Montague are willing to dedicate the said lands described in the Second Schedule hereto for the purposes aforesaid in lieu of the said lands described in the Pirst Schedule hereto And it is expedient the said lands described in the Pirst Schedule hereto should be sold and that the proceeds of such sale should be laid out in the erection of a Eoman Catholic Chiirch minister's residence and school-house on the said lands described in the Second Schedule hereto or for some or one of those purposes 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 said Samuel John Austin Sheehy Edward O'Brien and Alexander Montague shall convey the lands described in the Second Schedule hereto to the said Eoger Bede Vaughan Edward O'Brien Alexander Montague Patrick Jeremiah Joseph Clifford and David O'Eourke (or other trustees to be nominated by the said Eoger Bede Vaughan or other the Eoman Catholic Archbishop or Archbishop Coadjutor of Sydney for the time being) and their heirs upon trust as sites for a Eoman Catholic Church school and minister's residence. Substituted lands to be conveyed to trastees. Power to trustees to sell and convey dedicated lands. Disposal of proceeds. 2. It shall be lawful for the said Eoger Bede Vaughan Edward O'Brien Alexander Montague Patrick Jeremiah Joseph Clifford and David O'Eourke and their heirs to sell and dispose of the lands described in the Pirst Schedule hereto by public auction or private contract and either in one lot or several lots for such price or prices as can be reasonably had or obtained for the same and to convey the same or any part or parts thereof to the purchaser or purchasers thereof in fee simple freed and discharged from the said trusts affecting the same and to receive the purchase money thereof And the receipt in writing of the said trustees their heirs or assigns shall absolutely discharge the purchaser or purchasers of the said land or any part or parts thereof from the purchase money payable by him or them respectively and shall exonerate him or them from seeing to the application of such purchase money and from all liability as to the misapplication or non- application thereof. 3. The said trustees their heirs or assigns shall stand possessed of all moneys arising from any and every sale or sales as aforesaid upon trust to lay out the said moneys in the erection of a Eoman Catholic Church school and minister's residence upon the said lands described in the Second Schedule hereto or for some or one of those purposes. COOMA EOMAN CATHOLIC CHUECH. 343 PIEST SCHEDTJLE. 39 Victoria, All that piece or parcel of land in the said Colony containing by admeasurement one acre be the same more or less situated in the county of Beresford and parish of Cooma village of Cooma allotments one and two of section six Commencing at the northern comer of the section and bounded thence on the north-west by Sliarp- street south-westerly two chains on the south-west by the north-eastern boundary of allotment three appropriated for a Roman Catholic presbytery south-easterly five chains to Commissioner-street on the south-east by that street north-easterly two chains to Bombala-street and on the north-east by that street north-westerly five chains to the point of commencement Also all that piece or parcel of land in the said Colony containing by admeasurement two roods be the same more or less situated in the county of Beresford parish of Cooma and village of Cooma allot- ment three of section six Commencing on the south-eastern side of Sharp-street at the western corner of allotment two being part of the appropriation for a Roman Catholic Church and bounded thence on the north-west by Sharp-street south- westerly one chain on the south-west by the north-eastern boundary of allotment four appropriated for a Roman Catholic school south-easterly five chains to Com- missioner-street on the south-east by that street north-easterly one chain and on the north-east by the south-western boundary of allotment two aforesaid north- westerly five chains to the point of commencement And also all that piece or parcel of land in the said Colony containing by admeasurement two roods be the same more or less situated in the county of Beresford and parish of Cooma village of Cooma allotment four of section six Commencing on tlie south-eastern side of Sharp-street at the northern corner of allotment five and bounded thence on the north-west by that street north-easterly one chain on the north-east by the south-western boundary of allotment three appropriated for a Roman Catholic presbytery south-easterly five chains to Commissioner-street on the south-east by that street south-westerly one chain and on the south-west by the north-eastern boundary of allotment five aforesaid north-westerly five chains to the point of com- mencement. SECOND SCHEDULE. All that piece or parcel of land in the said Colony containing by admeasurement two roods ten perches be the same more or less situated in the county of Beresford parish of Cooma and village of Cooma being allotment number two of section number fifty-three Commencing on the south-eastern side of Murray-street at the western comer of E. O'Brien S. J. A. Sheehy and A. Montague's allotment one and bounded thence on the north-west by that street south-westerly two chains twenty-five links on the south-west by the north-eastern boundary-line of E. O'Brien S. J. A. Sheehy and A. Montague's allotment three south-easterly at right angles to Murray-street two chains fifty links to a lane on the south-east by that lane north-easterly parallel with Murray-street two chains twenty-five links and on the north-east by the south-western boundary-line of allotment one afore- said north-westerly at right angles to Murray -street two chains fifty links to the point of commencement Also all that allotment or parcel of land in the said Colony containing by admeasurement two roods ten perches be the same more or less situated in tlie county of Beresford parish of Cooma and village of Cooma being allotment number three of section number fifty-three Commencing on the south-eastern side of Murray-street at the western corner of E. O'Brien S. J. A. Sheehy and A. Montague's allotment two and bounded ihence on the north-west by that street south-westerly two chains twenty-five links on the south-west by the north-eastern boundary-line of E. O'Brien S. J. A. Sheehy and A. Montague's allotment four south-easterly at right angles to Murray-street two chains fifty links to a lane on the south-east by that lane north-easterly parallel with Murray- street two chains twenty-five links and on the north-east by the south-western boundary-line of allotment two aforesaid north-westerly at right angles to Murray- street two chains fifty links to the point of commencement Also all that allotment or parcel of land in the said Colony containing by admeasurement two roods ten perches be the same more or less situated in the county of Beresford parish of Cooma and village of Cooma being allotment number four of section number fifty- three Commencing at the western corner of the section and bounded thence on the north-west by Murray-street north-easterly two chains twenty-five links on the north-east by the south-western boundary-line of E. O'Brien S. J. A. Sheehy and A. Montague's allotment three south-easterly at right angles to Murray-street two chains fifty links to a lane on the south-east by that lane south-westerly parallel with Murray-street two chains twenty-five links to Soho-street and on the 344 COOMA EOMAN CATHOLIC CHTJECH. 39 VlOTORlA, south-west by that street north-westerly two chains fifty links to the point of commencement Also all that allotment or parcel of land in the said Colony con- taining by admeasurement one rood thirty-nine perches be the same more or less situated in the county of Beresford parish of Cooma and village of Cooma being allotment number five of section number fifty-three Commencing at the southern corner of the section and bounded thence on the south-east by Egan-street north- easterly two chains twenty-five links on the north-east by the south-western boun- dary of E. O'Brien S. J. A. Sheehy and A. Montague's allotment six north- westerly at right angles to Egan-street two chains twenty links to a lane on the north-west by that lane south-westerly parallel with Egan-street two chains twenty-five links to Soho-street and on the south-west by that street south-easterly two chains twenty links to the point of commencement Also all that allotment or parcel of land in the said Colony containing by admeasurement one rood thirty- nine perches be the same more or less situated in the county of Beresford parish of Cooma and village of Cooma being allotment number six of section number fifty- three Commencing on the north-western side of Egan-street at the eastern comer of E. O'Brien S. J. A. Sheehy and A. Montague's allotment five and bounded thence on the south-east by that street north-easterly two chains twenty-five links on the north-east by the south-western boundary-line of E. O'Brien S. J. A. Sheehy and A. Montague's allotment seven north-westerly at right angles to Egan-street two chains twenty links to a lane on the north-west by that lane south-westerly parallel with Egan-street two chains twenty-five links and on the south-west by the north-eastern boundary-line of aforesaid allotment five south-easterly at right angles to Egan-street two chains twenty links to the point of commencement Also all that allotment or parcel of land in the said Colony containing by admeasure- ment one rood thirty-nine perches be the same more or less situated in the coimty of Beresford parish of Cooma and village of Cooma being allotment number seven of section number fifty-three Commencing on the north-western side of Egan- street at the eastern corner of E. O'Brien S. J. A. Sheehy and A. Montague's allotment six and bounded thence on the south-east by that street north-easterly two chains twenty-five links on the north-east by the south-western boundary-line of E. O'Brien S. J. A. Sheehy and A. Montague's allotment eight north-westerly at right angles to Egan-street two chains twenty links to a lane on the north-west by that lane south-westerly parallel with Egan-street two chains twenty-five links and on the south-west by the north-eastern boundary-line of allotment six afore- said south-easterly at right angles to Egan-street two chains twenty links to the point of commencement And also all that allotment or parcel of land in the said Colony containing by admeasurement thirty-two and a quarter perches be the same more or less situated in the county of Beresford parish of Cooma and village of Cooma Commencing at the eastern corner of E. O'Brien S. J. A. Sheehy and A. Montague's allotment two of section fifty-three and bounded thence on the north- west by the south-eastern boundary of that allotment the south-eastern boundaries of E. O'Brien S. J. A. Sheehy and A. Montague's allotments three and four of section fifty-three in all bearing south-westerly six chains seventy-five links on the south- west by Soho-street bearing south-easterly thirty links on the south-east by the north-western boundaries of E. O'Brien S. J. A. Sheehj' and A. Montague's allotments five six and seven section fifty-three in all bearing north-easterly six chains seventy-five links to the northern corner of lot seven and on the north-east by a line bearing north-westerly thirty links to the point of commencement. 345 COOTAMUNDRY EOMAN CATHOLIC CHURCH LAND SALE. An Act to enable the Right Reverend William Lanigan ^^ victoeia. the Yery Reverend Patrick Dunne and John Hur- ley junior as Trustees of certain land in the county of Harden parish of Cootamundry (village of Coota- mundry) to sell the said land and to provide for the appropriation of the proceeds thereof. [29 July, 1884.] WHEEEAS by a grant from the Crown bearing date the tenth Preamble, day of May in the year of our Lord one thousand eight hundred and seventy-seven the land specified in the first Schedule hereto was granted unto the said Eight Eeverend William Lanigan the Very Eeverend Patrick Dunne Michael Quinlan and John Hurley junior their heirs and assigns upon trust for the erection thereon of a Eoman Catholic church And whereas by a grant from the Crown bearing date the tenth day of May in the year of our Lord one thousand eight hundred and seventy-seven the land specified in the Second Schedule hereto was granted unto the Right Eeverend William Lanigan the Very Eeverend Patrick Dunne Michael Quinlan and John Hurley junior their heirs and assigns upon trust for the appropriation thereof as the site of a dwelling-house garden and other appurtenances for the clergyman duly appointed to officiate in the Eoman Catholic church Cootamundry And whereas since the date of the said grants the said Michael Quinlan departed this life And whereas it has been found that the said sites for a church and presbytery are unsuitable for the purposes for which they were respectively granted and it is expedient that the said land should be sold and that the proceeds to arise from such sale should be applied in or towards the purchase of another piece of land in the said village of Cootamundry in a more suitable position as a site for a Eoman Catholic church and presbytery and the erection of such church and presbytery thereon and for other purposes hereinafter mentioned 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. It shall be lawful for the said Eight Eeverend William Lanigan Power to sen. the Very Eeverend Patrick Dunne and John Hurley junior hereiaafter styled trustees or other the trustees or trustee for the time being to sell and dispose of the said land described in the Schedules hereto either by public auction or private contract and either in one lot or several lots as they shall deem most expedient and for such price or prices as can be had or obtained for the same and upon such terms and conditions of sale as the said trustees may deem expedient and to buy in the said lands or any part or parts thereof at any auction sale or to rescind or vary the terms of any contract for the sale of the said lands or any part or parts thereof and when sold to 346 COOTAMUNDET EOMAN CATHOLIC CHCTECH. Disposal of proceeds. 48 ViCTOBiA. convey transfer and assure the same or any part or parts thereof in fee- simple to the purchaser or purchasers thereof his her or their heirs or assigns freed and discharged from each and all the trusts affecting the same and the receipt in writing of the said trustees their heirs or assigns for any money arising from such sale or sales shaU. be an efEectual and absolute discharge to the purchaser or purchasers of the said land or any part or parts thereof and shall exonerate him or them from seeing to the application of any proceeds of such sale or sales from all liability as to the misapplication or non-application thereof. 2. The said trustees their heirs or assigns shall stand possessed of all moneys arising from each and every such sale or sales as aforesaid and after the payment of the actual and reasonable expenses of such sale or sales and of this Act upon trust to apply the proceeds of such sale or sales in or towards the purchase of another piece or pieces of land in the said village of Cootamundry as a site or sites for the erection thereon of a Eoman Catholic church and presbytery and to apply the remainder of the said moneys (if any) which shall not be required for the purposes aforesaid in or towards the erection of a Eoman Catholic church and presbytery upon the said land or lands to be purchased as aforesaid and the receipts of any person or persons to whom any moneys shall be paid under the provisions of this Act shall be valid and complete discharges to the trustees their heirs and assigns for such moneys. 3. This Act may be cited as the " Cootamundry Eoman Catholic Church Land Sale Act of 1884-." Short title. SCHEDULES. FIRST SCHEDULE. All that piece or parcel of land In our said Colony containing by admeasurement two roods be the same more or less situated in the county of Harden and parish of Cootamundry village of Cootamundry allotment six of section twenty-four Commencing at the northern corner of the section and bounded thence on the north-west by Thompson-street south-westerly two chains on the south-west by the north-eastern boundary of allotment seven being part of the appropriation for a Roman Catholic church south-easterly at right angles to Thompson-street two chains fifty links to a lane on the south-east by that lane north-easterly parallel to Thompson-street two chains to Wallendoon-street and on the north-east by that street north-westerlj' two chains fifty links to the point of commencement. SECOND SCHEDULE. All that piece or parcel ol land in our said Colony containing by admeasurement one acre be the same more or less situated in the county of Harden and parish of Cootamundry village of Cootamundry allotments seven and eight of section twenty- four Commencing on the south-eastern side of Thompson-street at the western corner of allotment six appropriated for a Roman Catholic presbytery and bounded thence on the north-west by that street south-westerly four chains on the south-west by the north-eastern boundary-line of allotment nine south. easterly at right angles to Thompson-street two chains fifty links to a lane on the south-east by that lane north-easterly parallel with Thompson-street four chains and on the north-east by the south-western boundary-line of allotment six afore- said north-westerly at right angles to Thompson-street two chains fifty links to the point of commencement. 347 COX'S MAEEIAGE SETTLEMENT. An Act to enable the Trustees of a Settlement made 27 Victoria. on the Marriage of Charles Clarendon Cox and Louisa Stafford Stuart of certain land near Windsor in the Colony of New South Wales called or known as " Clarendon " to sell such land and to make provision for the investment of the proceeds of the sale thereof. [11 April, 1864.] WHEEEAS by indenture bearing date on or about tbe serenteenth Preamble, day of September in tbe year of our Lord one tbousand eigbt Itundred and fifty-five and made between Q-eorge Cox and Elizabeth, his wife of the first part Charles Clarendon Cox of the second part Louisa Stafford Stuart of the third part and G-eorge Henry Cox and Clarendon Stuart (thereia styled trustees) of the fourth part reciting amongst other things that a marriage was iu contemplation and expected shortly to be solemnized between the said Charles Clarendon Cox and Louisa Stafford Stuart And reciting that the said Charles Clarendon Cox was a son of the said G-eorge and Elizabeth Cox and that in the treaty for the said intended marriage it had been agreed that the said G-eorge Cox should settle the lands and hereditaments thereinafter described in manner thereinafter mentioned It is witnessed that in consideration of the said intended marriage the said G-eorge Cox did grant bargain sell and release and the said Elizabeth Cox did remise release and quit claim unto the said trustees and their heirs all that piece or parcel of land containing by estimation two hundred acres more or less lying and situate in the district of Mulgrave Place in the Colony aforesaid bounded on the north by a lagoon on the west by G-. W. Evans on the south by a line west eight and a half degrees south thirty chains and on the east by Robert Porrester the said two hundred acres of land being kno-wn by the name of Cox's Earm (and which said land and hereditaments are now known as or called Clarendon) to hold the said land and hereditaments (subject to a certain indenture bearing date seventh day of October one thousand eight hundred and fifty-three and made between the said George Cox and Elizabeth his -wife of the one part and John Tibbutt of the other part whereby the said land was mortgaged to the said John Tibbutt for securing a certain sum therein named with interest) to the several uses and upon and for the several trusts intents and purposes therein- after declared that is to say to the use of the said George Cox and his assigns for the term of his life and after his decease to the use of the said Charles Clarendon Cox for life unless and until he should have become an insolvent under any Act relating to insolvency or should have executed any deed or instrument for assigning and conveying his whole estate and effects for the benefit of his creditors And from and after the decease of the said Charles Clarendon Cox or his so becoming an insolvent or executing any such deed then to the use of the said trustees and their heirs upon trust for the said Louisa Stafford Stuart for life and after her decease then upon trust for such one or more child or children of the said intended marriage in such proportions and for such estates and interests and subject to such charges 348 COX'S MAEEIAGE SETTLEMENT. 27 ViCTOEiA, conditions and limitations and in such manner and form as tlie said Charles Clarendon Cox should by any deed or deeds or by his last will direct or appoint and in default of such direction or appointment and so far as any such should not extend then to the only child or equally share and share alike to and amongst the children then living and the child or the children per stirpes ai any; then dead the share of each such child to become vested at the age of twenty-one years or on the day of marriage in the case of any daughter and the division or partition to be made on the youngest such child attaining such age of twenty- one years And whereas the said Charles Clarendon Cox shortly after the execution of such indenture duly intermarried with the said Louisa Stafford Stuart And whereas the said Louisa Stafford Cox formerly Louisa Stafford Stuart as aforesaid has departed this life And whereas there was issue of the said marriage only one child namely Louisa Eliza Cox at present an infant of the age of seven years or thereabout And whereas the said mortgage referred to in the said indenture of settle- ment has been paid off by the said Charles Clarendon Cox and duly released And whereas the said indenture of settlement contains no power to or in favour of the trustees or any other persons to sell the said lands and hereditaments therein comprised And whereas there are buildings on the said land or portions thereof which are very old and which from time to time require a great expenditure to keep them in repair and the said land is subject to submersion from floods and the same is ill-adapted for being leased by the said trustees to advantage and is likely as it at present stands to deteriorate in value And whereas it is considered that by selling such land and settling the proceeds arising from the sale thereof upon the same or similar trusts to those now subsisting under the above-recited indenture of settlement and authorizing the investment of such proceeds in the purchase of other lands in New South "Wales or upon real or Grovernment security therein it will be considerably to the advantage of the said persons beneficially interested therein as aforesaid And the said trustees of such settlement and the said Greorge Cox and Charles Clarendon Cox are desirous that the said land should accordingly be sold and the pro- ceeds thereof settled and invested as aforesaid 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 : — Land may be 1. It shall be lawful for the said George Henry Cox and Clarendon veyedtopur- Stuart as such trustees as aforesaid or the trustee or trustees for the chasers time being of the said settlement to sell the said land and hereditaments thcTtrafia of"™ Comprised in the said indenture either by public auction or by private eettiement. contract (with full liberty to buy in any such hereditaments at any such sale by auction and to re-sell the same) and either in one or more parcels or allotments and at one time' or several and with such rights-of- way in and over any portion of such land as he or they shall deem most expedient and for such price or prices as can be reasonably obtained for the same and when sold to convey the same or any part or parts thereof to the purchaser or purchasers their or his heirs or assigns or to such uses and in such manner as such purchaser or purchasers may direct and thereupon the said hereditaments or such part thereof as shall be so conveyed by the said George Henry Cox and Clarendon Stuart or the trustees or trustee for the time being of the said settle- ment and the legal estate therein shall vest absolutely in the person or CUDGEGONG- TOWN HALL. 349 persons to whom the same shall be so conveyed their heirs and assigns 27 Victokia. or go and remain to such uses and in such manner as aforesaid freed and discharged from the trusts created by the said indenture. 2. It shall be lawful for the said George Henry Cox and Clarendon Credit may be Stuart or the trustee or trustees for the time being of the said settle- chasers fo"pay- ment to allow to any purchaser or purchasers of the said land or any ment of purchase part or parts thereof credit for any number of years not exceeding seven years for payment of his or her purchase money or any part thereof upon such terms as to interest or otherwise as may by the said George Henry Cox and Clarendon Stuart or the trustee or trustees for the time being of the said settlement be deemed proper Provided the land sold to such purchaser or purchasers shall remain unconveyed or be mortgaged or otherwise rendered a security or there be other proper real security taken for the unpaid purchase money aforesaid together with interest thereon until the same shall have been paid. 3. It shall be lawful for and incumbent on the said George Henry p?°*'^^^ "{^fT Cox and Clarendon Stuart or the trustee or trustees for the time being Government or of the said settlement from time to time to invest and re-invest the f^'^'vi^^'j'if,^ .^ . . • , , . in the purchase moneys arismg from such sale or sales or any investments made m of other lands to pursuance of this Act either at interest in or upon real securities or in trusS of"se'tUe'?^ or upon debentures of the Government of New South Wales or in or ment. upon the purchase of other lands and hereditaments in New South Wales as the said George Henry Cox and Clarendon Stuart or the trustee or trustees for the time being of the said settlement shall think fit and from time to time to sell alter vary and transpose any such securi- ties or investijaents for others of a like nature And all the powers and authorities herein contained respecting the land comprised in such settlement shall apply equally to all investments and re-investments of the said trust moneys made in accordance with the provisions of this Act And either or any of the modes of investment aforesaid shall be deemed and construed to be equally in accordance with the intent and meaning of the said settlement and shall be subject to the trusts of the said settlement so far as such trusts shall be applicable thereto. 4. This Act shall be styled and may be cited as " Cox's Marriage short title. Settlement Act." CUDGEGONG TOWN HALL. An Act to enable the Council of the Borough of Cudge- 46 victoeia. gong to erect a Town Hall and Municipal Council Chambers and Offices on a parcel of land situate in Market and Douro Streets in the town of Mudgee and to borrow moneys for the purpose of erecting and completing the said buildings and for other purposes therein mentioned. [29 September, 1882.] WHEEBAS the parcel of land described in the Schedule hereto Preamble, was some time since promised to the Council of the Borough of Cudgegong and dedicated by the Government of the Colony as and for a site for Council Chambers for the said borough And whereas the said parcel of land not being situate within the boundaries of the 350 CtTDGEaONG- TOWN HALL. 46 VicTOEiA. said borough the said Council has at present no power to erect Muni- cipal Council Chambers on the said land And whereas the said Borough of Cudgegong entirely surrounds the town of Mudgee and the said parcel of land being situate in the said town is more centrally situated and would be more convenient for all the ratepayers of the said Borough of Cudgegong as a site for Municipal Council Chambers than any site within the boundaries of the said borough And whereas the Council of the said borough are desirous of erecting a Town Hall and Municipal Council Chambers and offices and buildings in connection therewith on the said parcel of land and of borrowing money to enable them so to do and it is expedient that the said Council should be authorized and em- powered 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: — Authority to 1. It shaU be lawful for the Council of the Borough of Cudgegong chambeTin the to ^uHd and erect a Town HaU and Municipal Council Chambers and Borough of offices and buildings in connection therewith upon the parcel of land Mudgee. situate in Market and Douro Streets in the town of Mudgee more par- ticularly described in the Schedule hereto. Power to borrow. 2. It shall be lavrful for the said Council of the Borough of Cudge- money. gong to borrow by debentures mortgage or otherwise on the credit of any land (including therein the said parcel of land described in the Schedule hereto) personal estate or annual revenues actual or prospec- tive belonging to the body corporate of the said Borough of Cudgegong for or towards or incidental to the building erection and completion of the said Town Hall Council Chambers offices and buildings on the said land any moneys not exceeding in the whole the estimated revenues of the said borough for three years and for the purpose of securing the payment of the principal and interest of any loan contracted hereunder the said Council may by deed under their common seal wherein the consideration shall be truly stated mortgage or otherwise bind and charge all general and special rates or either of them already levied or to be levied within the said borough and the debentures hereinbefore mentioned and such mortgage deed or bond may be according to the forms and Schedules M N and to the Municipalities Act of 1867 or to the like effect And any person may transfer his right and interest in such last-mentioned mortgage deed or bonds in the manner provided by section one hundred and ninety-one of the said Act And the mortgagee or transferee shall have all the powers rights and remedies given and conferred by section one hundred and ninety-one of the said Act in case of default in payment of the principal sum or interest due upon or under the said mortgage deed or bonds. Power to hold 3- It shall be lawful for the said Council of the Borough of Cudge- meetings &c. gong to hold all their meetings and receive all rates and transact all the ordinary business of the said Council at and in the said Town Hall or CouncU Chambers so to be erected as aforesaid on the said parcel of land and the same shall be a proper and sufficient place to be appointed by the said Council for receiving rates and holding meetings and trans- acting all the business of the said Council And all acts matters and things done and performed by the said Council or by any duly authorized officer thereof at the said Council Chambers in regard to the levying collection and enforcement of rates and in regard to all other business DAN&AE'S LEASIN&. 351 of the said Council sliall be as valid and effectual in all respects as if 46 Victoeia. the said Town Hall Council Chambers oiEoes or buildings were situated within the municipal boundaries of the said Borough of Cudgegong. SCHEDULE. One acre county of Wellington parisli of Mudgee town of Mudgee allotment one of section sixty-seven Commencing on the southern side of Short-street at its intersection with the western side of Douro-street and bounded thence on the north by Short-street bearing west two chains on the west by a line bearing south five chains to Market-street on the south by that street bearing east two chains to Douro-street aforesaid and on the east by that street bearing north five chains to the point of commencement. DANGAE'S LEASING. An Act to enable Albert Augustus Dangar and his ^^ Viotobia. assigns during bis life and certain other persons after his decease to grant building and mining leases of certain lands situate near Newcastle in the Colony of New South Wales. [12 February, 1873.] WHEREAS Henry Dangar late of Sydney in the Colony of K'ew Preamble. South "Wales EscLuire deceased duly made and published his last will and testament in writing bearing date the twenty-seventh day of Eebruaiy one thousand eight hundred and fifty-two whereby after devising certain lands in England to his (the said testator's) father and mother for their lives and for the life of the survivor of them the said testator devised all his real estate to certain trustees therein named and their heirs upon certain trusts for his wife G-race Dangar for and during the term of her natural life (provided she should remain unmarried) for the maintenance of herself and his sons and daughters And immediately after the decease or second marriage of his said wife then as to and concerning his (the said testator's) lands and heredita- ments and undivided or other parts or shares of lands or heredita- ments in or within five miles of the town of Newcastle to the use of his son Albert Augustus Dangar and his assigns for his life without impeachment of waste and from and after his decease to the use of the three first-born children of his said son and their heirs as tenants in common And if his said son should have but twa children then to such two children and their heirs as tenants in common And if he should have but one child then to such one child and his heirs in fee and in default of issue of his (the said testator's) said son to the use of his (the said testator's) own right heirs And by his said will the said testator empowered the person or persons respectively for the time being entitled to a life estate in his (the said testator's) real or leasehold estate or any part thereof or in case any such person or persons re- spectively should be under the age of twenty-one years then the trustees or trustee for the time being of that his will to lease the real or leasehold estate of such person or persons respectively or any part thereof for any term of years in possession not exceeding seven years at a rack rent and subject to a power of re-entry in case the rent should be in arrear for twenty-one days And whereas the said testator died on the second day of March one thousand eight hundred 352 DAN&AH'S LEASING. Power to gfrant building leases. 36 VicTOEiA. and sixty-one without having altered or revoked his said will so far as the same related to the said devise to the said Albert Augustus Dangar and his children and to the said recited power of leasing And whereas the said Grace Dangar widow of the said Henry Dangar died on the sixteenth day of August one thousand eight hundred and sixty- nine And whereas the pieces or parcels of land and hereditaments particularly mentioned and described in the Schedule hereto are and comprise a portion of the said testator's lands and hereditaments in or within five miles of the said town of Newcastle so as aforesaid devised to the said Albert Augustus Dangar and his children or child And whereas the said pieces or parcels of land and hereditaments are at present of little value by reason of the limited scope afforded by the before- mentioned power of leasing And whereas the said pieces or parcels of land and hereditaments are peculiarly adapted for and would become of considerably greater value than they are at present if building and mining leases of the same could be granted and it would be for the benefit of all parties interested in the said pieces or parcels of land and hereditaments that there should be a power of granting such building and mining leases 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. It shall be lawful for the said Albert Augustus Dangar and his assigns during his life or other the person or persons respectively for the time being entitled to a life or greater estate in the said pieces or parcels of land and hereditaments mentioned in the said Schedule hereto and during the minority of any such person for the trustee or trustees for the time being of the said will of the said Henry Dangar to lease either the whole or any part of the said pieces or parcels of land and hereditaments to any person or persons who shall covenant to improve the same by erecting and building thereon any house or houses building or buildings and to repair and rebuild any houses or buildings which shall hereafter be standing thereon or by otherwise expending in improvement such moneys as shall be deemed adequate to the interest to be parted with for any term of years not exceeding ninety-nine years to take effect in possession and not in reversion or by way of future interest so as there be reserved in every such lease the best yearly rent to be incident to the immediate reversion that can be reasonably obtained without taking anything in the nature of a fine or premium for the making thereof and so that there be contained in every such lease a condition of re-entry for non-payment of rent within a reasonable time to be therein specified or non-observance or non-performance of covenants by the lessee and so that the lessee do execute a counterpart thereof and do thereby covenant for payment of the rent thereby reserved and be not by any express words therein made dispunishable for waste. 2. It shall be lawful for the said Albert Augustus Dangar and his assigns during his life or other the person or persons respectively for the time being entitled to a life or greater estate in the said pieces or parcels of land and hereditaments mentioned in the said Schedule hereto and during the minority of any such person for the trustee or trustees for the time being of the said will of the said Henry Dangar deceased to lease all or any of the mines ores minerals coals quarries Power to grant mining: leases. DANaAE'S LEASING, 353 stone clay sand and substances in under or upon the said pieces or 36 Victoria, parcels oi land and iereditaments or any part thereof either with or without any messuages buildings lands or hereditaments convenient to te held with the same respectively and either with or without the surface of the lands in or under which the same or any part thereof respectively shall he and whether such surface shall or shall not have heen already leased under this Act and whether the same have or have not been previously opened or worked for any term of years not «xceeding sixty years to take effect in possession and not in reversion or by way of future interest together with all such liberties licenses powers and privileges for searching for and working the said mines and for getting washing smelting burning rendering merchantable and disposing of the said ores minerals coals quarries stone clay sand and substances as to the person or persons for the time being exercising the power hereby given shall seem expedient so as there be reserved in every such lease the best rent or rents tolls duties royalties or reservations by the acre the ton or otherwise to be incident to the immediate reversion that can be reasonably obtained without taking anything in the nature of a fine or premium for the making thereof and so that there be contained in every such lease a condition of re-entry for non-payment or non-delivery within a reasonable time to be therein specified of the rent or rents tolls duties royalties or reservations thereby reserved or for non-observance or non-performance of covenants by the lessee and so that the lessee do execute a counterpart thereof and do thereby covenant for the due payment or delivery of the rent or rents tolls duties royalties or reservations thereby reserved and be not by any express words therein made dispunishable for waste Pro- vided always that the reservation of rents tolls duties or royalties the amount of which shall vary with or according to the acreage worked or the ores minerals coals stone clay sand or substance gotten shall not be taken to be in the nature of a fine or premium though the effect of such reservation may eventually be disadvantageous to the remainder man. 3. This Act shall be known and may be referred to for all purposes short title, as " Albert Dangar's Leasing Act of 1873." SCHEDULE. All that piece or parcel of land in the Colony of New South Wales containing by admeasiirement twenty-four acres be the same more or less situated in the county of Northumberland and parish of Newcastle near Newcastle at Throsby's Creek suburban allotment number seventeen Commencing at the south-east corner of suburban allotment number fourteen and bounded on the north by part of the southern boundary-line of that allotment bearing west eighteen chains fifty links on the west by part of the eastern boundary-line of suburban allotment number sixteen bearing south twelve chains on the south by the northern boundary-lines of suburban allotments numbers eighteen and nineteen bearing east twenty-three chains fifty-links and on the east by Throsby's Creek north-westerly to the com- mencing point reserving an occupation road through the laud herein described for public use the area of which has been deducted from the total area of said land being the land sold as lot six in pursuance of the proclamation of twenty-sixth August one thousand eight hundred and fifty and which said parcel of land was originally granted to the testator Henry Dangar by deed-poll or grant from the Crown bearing date the first day of November one thousand eight hundred and fifty-one Also all that piece or parcel of land in the said Colony containing by admeasurement twenty-three acres be the same more or less situated in the county of Northumberland and parish of Newcastle near Newcastle at Throsby's Creek suburban allotment number sixteen Commencing at the south-west corner of suburban allotment number fourteen and bounded on the north by part of the southern boundary-line of that allotment bearing east ten chains on the east by the 354 DANGAR'S LEASING. 36 ViCTOEM, -western boundary -lines of suburban allotments numbers seventeen and eighteen bearing south twenty-seven chains on the south by the Maitland and Newcastle road north-westerly and on the west by part of the eastern boundary-line of suburban allotment number fifteen bearing north nineteen chains twenty-five links to the commencing point being the land sold as lot five in pursuance of the procla- mation of twenty-sixth August one thousand eight hundred and fifty and which said parcel of land was originally granted to the testator Henry Dangar by deed- poll or grant from the Crown bearing date the first day of November one thousand eight hundred and fifty-one Also all that piece or parcel of land in the said Colony containing by admeasurement twenty-two acres be the same more or less situated in tlie county of Northumberland and parish of Newcastle near New- castle at Throsby's Creek suburban allotment number fifteen Commencing at the south-east corner of suburban allotment number twelve and bounded on the north by the southern boundary -line of that allotment bearing west thirteen chains on the west by a road dividing it in part from W. M. Clarke's twenty acres bearing south ten chains thirty links on the south by the Maitland and Newcastle Road south- easterly and on the -east by the western boundary-line of suburban allotment number sixteen and by part of the western boundary of suburban allotment number fourteen bearing north twenty-four chains twenty-five links to the commencing point being the land sold as lot nine in pursuance of the proclamation of seventh October one thousand eight hundred and fifty-three and which said parcel of land was originally granted to the testator Henry Dangar by deed-poll or grant from the Crown bearing date the eleventh day' of May one thousand eight hundred and fifty-four Also all that piece or parcel of land in the said Colony containing by admeasurement thirty acres one rood and nineteen perches be the same more or less situated in the county of Northumberland and parish of Newcastle at Piatt's Channel near Newcastle allotment number forty-seven bounded on the east by a road fifty links wide dividing it from allotment number forty-six being a line bearing south thirty drains fifteen links on the south by a road one chain wide being a line bearing west ten chains on the west by allotment number forty-eight being a line bearing north thirty chains eighty links to the waters of the river Hunter and on the north by those waters downwards to its north-east corner at the road fifty links wide aforesaid being the land sold as lot four in pursuance of the proclamation of thirteenth December one thousand eight hundred and fifty and which said parcel of land was originally granted to the tes- tator Henry Dangar by deed-poll or grant from the Crown bearing date the first day of November one thousand eight hundred and fifty-one Also all that piece or parcel of land in the said Colony containing by admeasurement thirty-one acres two roods and eight perches be the same more or less situated in the county of Northumberland and parish of Newcastle at Piatt's Clianuel near Newcastle allot- ment number forty-eight bounded on the east by allotment number forty-seven being a line bearing south thirty chains eighty links on tlie south by a road one chain wide being a line bearing west ten chains on the west by allotment number forty-nine being a line bearing north thirty-three chains to the waters of the river Hunter and on the north by those waters downwards to the north-west corner of allotment number forty-seven being the land sold as lot five in pursuance of the proclamation of thirteenth December one thousand eight hundred and fifty and which said parcel of land was originally granted to the testator Henry Dangar by deed-poll or grant from the Crown bearing date the first day of November one thousand eight hundred and fifty-one Also all that piece or parcel of land in the said Colony containing by admeasurement thirty-three acres and twenty-eight perches be the same more or less situated in the county of Northumberland and parish of Newcastle at Piatt's Channel near Newcastle allotment number forty- nine bounded on the east by allotment number forty-eight being a line bearing south thirty-three chains on the south by a road one chain wide being a line bear- ing west ten chains on the west by allotment number fifty being a line bearing north thirty-four chains fifteen links to the waters of the river Hunter and on the north by those waters downwards to the north-west corner of allotment number forty-eight being the land sold as lot six in pursuance of the proclamation of thirteenth December one thousand eight hiindred and fifty and which said parcel of land was originally granted to the testator Henry Dangar by deed-poll or grant from the Crown bearing date the first day of November one thousand eight hundred and fifty-one Also all that piece or parcel of land in the said Colony containing by admeasurement twenty acres be the same more or less situated in the county of Northumberland and parish of Newcastle near Newcastle allotment number sixty-two Commencing at the north-east corner of allotment number sixty-one on the south side of a road one chain wide and bounded on the north by dangaE's leasing-. 355 that road bearing east ten chains on the east by a line bearing south twenty chains 36 VICTORIA. to another road one chain wide on the south by tlie north side of that road bearing west ten chains and on the west by a line bearing nortli twenty chains to the north-east corner of allotment number sixty-one aforesaid being the land sold as lot seventeen in pursuance of the proclamation of fifteenth June one thousand eight hundred and fifty-two and which said parcel of land was originally granted to the testator Henry Bangar by deed-poll or grant from the Crown bearing date the twelfth day of October one thousand eight hundred and fifty-two Also all that piece or parcel of land in the said Colony containing by admeasurement forty- three acres and one rood be the same more or less situated in the county of Korthumberland and parish of Newcastle near Newcastle allotment number sixty- six Commencing at the south-east corner of number sixty-five allotment at an oak-tree on the north side of the high road leading from Maitland to Newcastle and bounded on the west by a line bearing north thirty-nine chains to a road one chain wide on the north by a line bearing east ten chains being the south side of another road one chain wide on the east by a line bearing south forty-seven chains fifty links to an oak-tree on the north side of the high road aforesaid and on the south by that road north-westerly to the oak-tree first aforesaid being the land sold as lot twenty-one in pursuance of the proclamation of fifteenth June one thousand eight hundred and fifty-two and which said parcel of land was originally granted to the testator Henry Dangar by deed-poll or grant from the Crown bear- ing date the twelfth day of October one thousand eight hundred and fifty-two Also all that piece or parcel of land in the said Colony containing by admeasure- ment fifty acres one rood and twenty-four perches be the same more or less situated in the county of Northumberland and parish of Newcastle near Newcastle allot- ment number seventy-five Commencing at the south-west corner of allotment number seventy-one and bounded on the west by u, line bearing south eighteen chains being the east boundary of a road fifty links wide on the south by a line bearing east twenty-eight chains to the west boundary of the Australian Agricul- tural Company's two thousand acres on the east by a line bearing north eighteen chains along that boundary to the south-east corner of allotment number seventy- three and on the north by the south boundary of allotments numbers seventy- three seventy-two and seventy-one bearing west to the south-west corner of allotment number seventy -one aforesaid being the land sold as lot eleven in pursuance of the proclamation of fourth January one thousand eight hundred and fifty-three and which said parcel of land was originally granted to the testator Henry Dangar by deed-poll or grant from the Crown bearing date the first day of June one thousand eight hundred and fifty-three Also all that piece or parcel of land in the said Colony containing by admeasurement thirty-three acres two roods and sixteen perches be the same more or less situated in the county of Northumberland and parish of Newcastle near Newcastle allotment number seventy-eight Commencing at the south-west corner of allotment number seventy-five and bounded on the west by a line bearing south twelve chains being the east side of a road fifty links wide on the south by a line bearing east twenty-eight chains to the west boundary of the Australian Agricultural Company's two thousand acres on the east by a line bearing north twelve chains being part of that boundary to the south-east corner of allotment number seventy-five and on the north by the south boundary of that allotment bearing west twenty-eight chains to the south-west corner thereof being the land sold as lot fourteen in pursuance of the proclamation of fourth January one thousand eight hundred and fifty-three and which said parcel of land was originally granted to the testator Henry Dangar by deed-poll or grant from the Crown bearing date the first day of June one thousand eight hundred and fifty- three And also all that piece or parcel of land in the said Colony containing by admeasurement thirty-nine acres and thirty-two perches be the same more or less situated in the county of Northumberland and parish of Newcastle near Newcastle allotment number eighty Commencing at the south-west corner of allotment number seventy-eight and bounded on the west by a line bearing south fourteen chains (being the east side of a road fifty links wide) on the south by a line bearing east twenty-eight chains to the west boundary of the Australian Agricultural Company's two thousand acres on the east by a line bearing north fourteen chains (being part of that boundary) to the south-east corner of allotment number seventy- eight and on the north by the south boundary of that allotment bearing west twenty-eight chains to the south-west corner thereof being the land sold as lot sixteen in pursuance of the proclamation of fourth January one thousand eight hundred and fifty-three and which said parcel of land was originally granted to the testator Henry Dangar by deed-poll or grant from the Crown bearing date the first day of June one thousand eight hundred and fifty-three. 356 DANGAE'S LEASING. 41 Victoria. An Act to amend Albert Dangar's Leasing Act of 1873. [2 August, 1877.] Preamble. \\J HEEEAS it is expedient to amend Albert Dangar's Leasing Act W of 1873 in certain particulars Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and cojisent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows : — ■ Power to life 1. It shall be lawful for Albert Augustus Dangar in the said Act triiste*es°of land named during his life or other the person or persons respectively for the mentioned in time being entitled to a life estate in the pieces or parcels of land and grant'porUons" hereditaments mentioned in the Schedule to the said Albert Dangar's thereof for reii- Leasing Act of 1873 and during the minority of any such person for InTotherpubiic the trustee or trustees for the time being of the will of Henry Dangar purposes. deceased either with or without price or consideration and either absolutely or upon any conditions or in case of sale on any terms of credit to grant and convey in fee-simple or for any lesser estate or interest to any person or persons body or bodies corporate or incorporate municipal lay or religious whether as a trustee or trustees or otherwise or to dedicate to the public any part or parts of the lands mentioned and described in the Schedule to the said Act not exceeding in the whole an area of thirty-iive acres for the purpose of the erection thereon of any church parsonage house school town hall hos^Jital or other building or buildings for religious educational literary charitable eleemosynary or other public purposes whatsoever or the making laying out constructing or forming any gardens ornamental grounds parks or places of public recreation And also (but in excess of the aforesaid area of thirty-five acres) to confirm any appropriation sale or gift of any part of the said lands made contemplated or attempted for any of such purposes at any time previously to the jjassing of this Act Provided always that no such gTant conveyance gift dedication confirmation or appropriation shall be valid or take effect unless and until the same shall be evidenced by a deed or instru- ment in writing of which a copy duplicate or memorial shall be duly registered in the office of the Eegistrar- General at Sydney. Lands granted to 2. Upon the execution of any deed or instrument of grant convey- in fee-simple. ance or confirmation under the powers hereby conferred the lands and hereditaments thereby conveyed and the legal estate therein shall vest in the person or persons body or bodies respectively to whom the same shall be so granted or conveyed their heirs or successors and assigns for an estate of inheritance in fee-simple in possession either absolutely or to or for such estates uses trusts or limitations as may be created limited or declared by the deed or instrument evidencing such grant conveyance or confirmation. Proceeds after 3. It shall be lawful for the said Albert Augustus Dangar or other ''enSs'tobe'^'aid *^® person or persous acting under the powers of this Act on the into Supreme receipt of the proceeds of the sale of any lands sold under the pro- '^"""' visions hereof to deduct the cost and expenses of and incidental to such sale and to the passing of this Act And the said Albert Augustus Dangar and such other person or persons aforesaid shall from time to time as the same may be received after deducting such costs and Court. DENILIQIJIN AND MOAMA EAILWAT. 357 expenses as aforesaid pay tlie balance of the said proceeds and the 41 Victoeia, interest (if any) received in respect of any deferred payments into the Supreme Court of New South "Wales in its Equitable Jurisdiction in the matter of the will of the said Henry Dangar deceased and to an account to be entitled in the trusts of the said will. 4. The certificate of the Master in Equity of the fact of such moneys Certificate of being so paid shall be a sufficient discharge therefor to the person or tJ'be^discharge'' persons making such payments and the said Court shall have the same 'or such pay- power to apply and deal with such moneys in every respect as if the "^ ^' same had been paid into Court under the Act passed in the twenty -first year of the reign, of Her present Majesty intituled an Act for better securing trust funds and for the relief of trustees. 5. It shall be lawful for the said Albert Augustus Dangar and his Power to make assigns during his life or other the person or persons respectively for fc. ^^°"'"' ° the time being entitled to a life or greater estate in the said pieces or parcels of land and hereditaments mentioned in the Schedule to the said recited Act and during the minority of any such person for the trustee or trustees for the time being of the said will of the said Henry Dangar deceased to make lay out and alter and concur in the making laying. out and altering of any roads streets or ways on and over any part or parts of the said lands hereditaments and premises mentioned and described in the said Schedule to the said Act and also to undertake and concur in undertaking any works for and to make erect and carry out and concur iu making erecting and carrying out any erections sewers drains watercourses lamps lighting or any other works which may in his or their discretion conduce to the better laying out selling or letting of the said lands and hereditaments or the convenience and enjoyment of those persons who may have purchased or taken on lease any part thereof The cost of any such works on the part of the said person or jsersons acting under the powers given by this section or his or their proportion of such cost shall for the purposes of this Act be held to be costs and expenses of and incidental to sales hereunder and retainable accordingly Eor any of the purposes of this section such person or persons may reserve and dedicate either absolutely or upon any condition any part and parts of the said lands hereditaments and premises. 6. This Act may be cited as " Albert Dangar's Leasing Act Amend- short title, ment Act of 1877." DENILIQUIN AND MOAMA RAILWAY. An Act to incorporate a Company under tlie name of the 37 Victoeia. Deniliquin and Moama Railway Company for the purpose of making constructing and maintaining a Railway between Deniliquin and Moama and for other purposes. [3 March, 1874.] WHEEEAS the making and maintaining of a railway from the Preamble, township of Deniliquin to the township of Moama on the northern bank of the river Murray with proper stations bridges ap- proaches and works connected therewith would be of great public and 358 DENILIQUIJSr AND MOAMA EAILWAT. Interpretation clause. 37 Victoria, local advantage And wliereas tlie persons hereinafter named together with others are desirous of carrying the said undertaking into execution and it is deemed advisable to give encouragement to such persons by granting to them (upon the completion of such railway) portion of the waste lands of the Crown and by passing an Act incorporating them under the title of the Deniliquin and Moama Eailway Company 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 JSTow South Wales in Parliament assembled and by the authority of the same as follows : — 1. The following words in inverted commas in this Act and in the enactments herewith incorporated shall have the several meanings and include the several persons and matters hereby assigned to them unless the context is repugnant to such construction (that is to say) : — • " The Company" — The Company incorporated by this Act. " Directors" — " Secretary" — The directors and secretary of the Company respectively. " Groods" — Things of every kind conveyed upon the railway. "Justice" — A Justice of the Peace for Kew Sou.th Wales not interested in the matter in relation to which the said word is used. " Two Justices" — Two such Justices of the Peace as aforesaid assembled and acting together in Petty Sessions. " Lands" — Messuages lands tenements and hereditaments of any tenure. " Lease" — As well a lease as an agreement for a lease. " Owaier" — Any person oj* corporation enabled under the pro- visions of this Act to sell and convey lands to the Company. " Shareholder" — Shareholder or member of the Company and in referring to any such shareholder expressions properly applic- able to a person shall be held to apply to a corporation and words ap)plicable to a male shall apply to a female. " The Eailway" — The railway and works by this Act authorized to be constructed. " The undertaking" — The making and maintaining of the line of railway and the stations bridges approaches and works con- nected therewith and all other works by this Act authorized to be constructed. " Toll" — Any rate or charge or other payment payable under this Act for any passenger animal carriage goods merchandize or thing conveyed on the railway. Short title. 2. This Act may be cited as the " Deniliq^uin and Moama Eailway Act of 1873." Incorporation of 3. Alfred William Pinch Noyes William McKenzie William Bignell name of the''' ^ Donald Cameron Thomas Eobertson and David Grriffiths Jones and all Deniiiquin and persons and corporations who have already subscribed or shall hereafter subscribe to the undertaking and their several and respective executors administrators successors and assigns are hereby united into a Company for the purpose of maldng and maintaining a railway from the town- ship of Deniiiquin to the township of Moama on the river Murray in Moama Railway Company. DENILIQUIN AND MOAMA EAILWAT. 359 New South "Wales with proper stations bridges approaches and works 37 Victoeia. connected therewith in accordance with the provisions of this Act And for such purpose the said Company is hereby incorporated by the name of the Deniliquiti and Moama Railway Company and by that name shall be a body corporate with perpetual succession and a common seal and by the said name shall have power to purchase and hold lands for the purpose of the undertaking and shall and may sue and be sued plead and be impleaded answer and be answered unto defend and be defended in all Courts and places whatsoever. 4. The capital of the Company shall be one hundred and twenty-five Capital to be thousand pounds divided into twenty -five thousand shares of five pounds hitcf25°ooo'"'*^'^ each. shares of £5 each. 5. It shall be lawful for the Company to borrow on mortgage or power to bond such sums of money as shall from time to time by an order at a borrow, general meeting of the Company be authorized to be borrowed not exceeding at any time one-half of the amount of the capital of the Company then actually paid up nor exceeding in the whole the sum of sixty-two thousand five hundred pounds but no part of such money shall be borrowed until twenty thousand pounds of the said capital shall have been paid up and for securing the repayment of the money so to be borrowed with the interest thereon it shall be lawful for the Company to mortgage the undertaking and the future calls on the shareholders or to give bonds in manner hereinafter mentioned And all or every part of the money so to be borrowed on mortgage or bond shall be applied in carrying into execution the object and purposes of this Act. 6. Any money hereby authorized to be borrowed may be so borrowed Debentures may in such sum or sums as the directors of the Company may think fit and ° ™™ ' for securing the repayment of the moneys so borrowed together with interest thereon it shall be lawful for the Company to issue debentures charged and secured upon the undertaking and tolls and such deben- tures shall be payable to the bearers thereof and shall entitle them to the rights and remedies hereinafter conferred on mortgagees And the interest of such debentures shall be paid in preference to any dividends payable to the shareholders of the Company And all debentures issued under the provisions of this Act shall be on an equal footing without priority one over the other. 7. Such debentures may be in the form or to the effect set forth in Form of deben- Schedule A hereto and shall be sealed with the common seal of the *"f®^: Company and be numbered arithmetically beginning with number one and so proceeding in an ascending arithmetical progression wherein the common difference shall be one And such debentures shall jjaas by delivery only and without any assignment or endorsement And the bearer of every such debenture shall have the same rights and remedies as if he were expressly named therein. 8. The principal and interest secured by debentures issued under Principal and this Act may be made payable in the city of Sydney in the Colony of ^^^IJI!' ''^''^^'^ New South Wales or in the city of Melbourne in the Colony of Victoria at the option of the bearer signified in writing signed by him and addressed to the directors bearing a memorandum to that efiect endorsed thereon by the secretary or other officer appointed by the directors for that purpose And the bearer of any such debenture may from time to time alter the place of payment from the said city of 360 DENILIQIJIN AND MOAMA EAILWAT. Power to re-borrow. Evidence of authority to borrow by a debenture. Declaration in Gazette wittl respect to borromng power. 37 Victoria. Sydney to the said city of Melbourne or vice versa by giving at the office of the Company where the debenture shall for the time being be payable six calendar months previous notice in writing terminating on some half-yearly day of payment of interest of his wish to make suck alteration and obtaining a memorandum of such alteration endorsed by such secretary or other officer on the debenture And it shall be lawful for the directors to provide for the payment in manner aforesaid of any principal money or interest secured by any debentures issued under this Act. 9. It shall be lawful for the Company if they shall have paid off any money borrowed under the authority of this Act to borrow again the amount so paid off and so on from time to time but such power o£ reborrowing shall not be exercised without the authority of a general meeting of the Company specially convened for that purpose. 10. A certiiicate under the hands of any two of the directors and the secretary endorsed on any debenture issued by the Company of the sum thereby secured being part of the total amount which the Company at the date of such certificate may legally borrow shall be sufficient evidence of the authority to borrow and to issue such debenture. 11. If the Company shall exercise the power of borrowing conferred by this Act they shall once during the months of January and July in each year publish in the Grovernment Gazette a statutory declaration to be made by two of the directors and the secretary stating the amount of the subscribed capital of the Company the amount paid up thereon and the amount which the Company is at the date of the -said declaration legally entitled to borrow on debentures and that the total amount then raised by the Company on debentures does not exceed the amount which the Company can then legally borrow. 12. The certificate of a Justice that a specified amount of the capital has been paid up and a copy of the order of the general meeting of the Company authorizing the borrowing of money on mortgage or bond certified by the chairman for the time being of the directors and by the secretary to be a true copy shall be sufficient evidence of the fact of such specified amount of the capital having been paid up and of the order for borrowing having been made And upon production to any Justice of the books of the Company and of such other evidence as he shall think sufficient such Justice shall grant the said certificate. 13. It shall be lawful for the mortgagees of the Company to enforce the payment of arrears of interest or the arrears of principal and interest due on their mortgage by the appointment of a receiver as hereinafter provided Provided that the mortgage debt or debts in arrear shall not be less than the sum of one thousand pounds. 14. It shall be lawful for the directors of the Company for the time being with the consent of the majority of the shareholders present at a general meeting duly held for that purpose at which shall be present and vote the holders of not less than one thousand shares and sixty or more shareholders to increase the capital of the Company to any amount not exceeding two hundred and fifty thousand pounds in the aggregate for the purpose of completing and maintaining the railway and other works hereby authorized And to raise such increased capital by creating an additional number of shares of five pounds each and to cause such shares to be sold or allotted to such persons as the directors shall approve of and on such terms and at such prices as they Evidence of authority for borrowing: on mortgage or bond. Appointment of receiver. Power to increase capital DENILIQUIN AND MOAMA EAILWAT. 361 can obtain for the same And sucli shares when sold shall he subject 37 Victoria. to the provisions of this Act and shall be personal estate and trans- missible as such and shall entitle the holders to the same benefits rights and privileges in respect thereof as if the same had been subscribed for in the formation of the original capital. 15. The said new shares shall vest in and belong to the shareholders pre-emption to who shall accept the same and pay the value thereof to the said Com- ^"i^",g ^'^''^' pany at the times and by the instalments fixed by the directors And if any shareholder fail for one calendar month after the offer of any new share to him to accept the same and pay the said instalments in respect thereof it shall be lawful for the directors to dispose of such shares in such manner as they shall deem most beneficial to the interests of the Company. 16. If at the time of any augmentation of the said capital taking if shares not at place the existing shares of the Company shall not be at a premium ^ P"^^""'"™- then such new shares may be issued in such manner and on such terms as the directors may think fit. 17. All shares in the Company shall be personal estate and trans- shares to be missible as such and shall not be of the nature of real estate. personal estate. 18. Every person who shall have subscribed under this Act for or shareholders, shall otherwise have become entitled to a share in the said Company and whose name shall have been entered on the register of shareholders hereinafter mentioned shall be deemed a shareholder of the Company and shall be entitled to participate in the profits of the Company in proportion to the amount of capital which he shall have paid up. 19. The directors shall cause a book to be kept to be called the Kegister of [Register of Shareholders and in such book there shall be fairly and ^ ^^ distinctly entered from time to time the names of the several corpora- tions and the names occupations and addresses of the several persons entitled to shares in the Company together with the number of shares to which they shall be respectively entitled distinguishing each share by its number and the amount of the subscriptions paid on such shares and the surnames or corporate names of the said shareholders shall be placed in alphabetical order. 20. On demand of any shareholder the directors of the Company Certifloates of shall cause a certificate of the proprietorship of such shares to be *"''■ delivered to such shareholder And such certificate shall have the common seal of the Company affixed thereto and shall specify the shares to which such shareholder is entitled and the same may be according to the form in Schedule B hereto or to the like effect And schedule b. for such certificate the Company may demand any sum not exceeding two shillings and sixpence. 21. The said certificate shall be admitted in all Courts &s prima facie certificate to bo evidence of the title of such shareholder his executors administrators evidence, successors or assigns to the share therein specified but the want of such certificate shall not prevent any shareholder from disposing of his share or from receiving his share of profits in respect thereof. 22. If any such certificate be worn out or damaged then upon the certificate to be same being produced at some meeting of the directors such directors Sroyed! ^" may order the same to be cancelled and thereupon another similar certificate shall be given to the party in whom the property of such certificate and of the share therein mentioned shall be at the time 362 DENILIQUIN AND MOAMA EAILWAT. Transfer of shares. Transfer of shares to be by deed. Transfer of shares to bp registered &c. 37 Victoria, vested or if such certificate be lost or destroyed then upon proof thereof to the satisfaction of the directors a similar certificate shall be given to the party entitled to the certificate so lost or destroyed and in either case a due entry of the substituted certificate shall be made by the secretary in the register of shareholders and for every such certi- ficate so given or exchanged the Company may demand any sum not exceeding two shillings and sixpence. 23. Subject to the provisions of this Act any shareholder may sell or transfer all or any of his shares and every such transfer shall be by deed in which the consideration shall be truly stated and such deed may be according to the form in the Schedule C hereto or to the like effect. 24. The said deed of transfer (when duly executed) shall be delivered to the secretary and be kept by him and the secretary shall enter a memorial thereof in a book to be called the Eegister of Transfers and shall endorse such entry on the deed of transfer and shall on demand deliver a new certificate to the purchaser and for every such entry together with such endorsement and certificate the Company may demand any sum not exceeding two shillings and sixpence and on the request of the purchaser of any share an endorsement of such transfer shall be made on the certificate of such share instead of a new certifi- cate being granted and such endorsement being signed by the secretary shall be considered in every respect the same as a new certificate and until such transfer has been so delivered to the secretary as aforesaid the vendor of the share shall continue liable to the Company for any calls that may be made upon such share and the purchaser of the share shall not be entitled to receive any share of the profits of the under- taking or to vote in respect of such share. 25. No shareholder shall be entitled to transfer any share after any call shall have been made in respect thereof until he shall have paid such call nor until he shall have j)aid all calls for the time being due on every share held by him. 26. It shall be lawful for the directors to close the register of trans- fers for a jjeriod not exceeding fourteen days previous to each ordinary meeting and they may fix a day for the closing of the same of which seven days notice shall be given by advertisement in some newspaper published in Sydney as well as in one published or circulated in the dis- trict wherein the railway is situate and any transfer made during the time when the transfer books are so closed shall as between the Com- pany and the party claiming under the same but not otherwise be con- sidered as made subsequently to such ordinary meeting. 27. If the interest in any share shall have become transmitted in consequence of the death or bankruptcy or insolvency of any share- holder or in consequence of the marriage of a female shareholder or by any other lawful means than by a transfer according to the provisions of this Act such transmission shall be authenticated by a declaration in writing as hereinafter mentioned or in such other manner as the direc- tors shall require and every such declaration shall state the manner in which and the party to whom such shares shall have been so transmitted and shall be made and signed by some credible person before a Justice or before a Commissioner of the Supreme Court for taking affidavits and such declaration shall be left with tlie secretary and thereupon he shall enter the name of the person entitled under such transmission in the Transfer not to be made until calls paid. Closing of trans- fer books. Transmission of shares by other means than tiransfer to be authenticated by a declaration. DENILIQTJIlSr AKD MOAMA EAILWAT. 363, register of sliareliolders and for every such entry the Company may a? Viotoeia. demand any sum not exceeding five shillings and until such transmis- sion has been so authenticated no person claiming by virtue of any such transmission shall be entitled to receive any share of the proiits of the undertaking nor to vote in respect of any such share as the holder thereof. 28. If such transmission be by virtue of the marriage of a female Proof of trans- shareholder the said declaration shall contain a copy of the register of JSa/rS.gewiii&o such marriage or other particulars of the celebration thereof and shall declare the identity of the wife of the holder of such share and if such transmission have taken place by virtue of any testamentary instru- ment or by intestacy the probate of the will or the letters of adminis- tration or an of&cial extract therefrom shall together with such declara- tion be produced to the secretary and upon such production in either of the cases aforesaid the secretary shall make an entry of the declara- tion in the said register of transfers. 29. The Company shall not be bound to see to the execution of any company not trust whether express implied or constructive to which any of the said toimd to regard shares may be subject and the receipt of the party in whose name any such share shall stand in the books of the Company or if it stands in the names of more parties than one the receipt of one of the parties mentioned in the register of shareholders shall from time to time be a sufficient discharge to the Company for any dividend or other sum of money payable in respect of such share notwithstanding any trusts to which such share may then be subject and whether or not the Company have had notice of such trusts and the Company shall not be bound to see to the application of the money paid upon such receipt. 30. The several persons who have subscribed any money towards the Payment of calls undertaking or their legal personal representatives respectively shaU be^mid'-R^en'" pay the sums respectively so subscribed or such portions thereof as called fcr. shall from time to time be called for by the Company at such times and places as shall be appointed by the Company and with respect to the provisions of this Act for enforcing the payment of calls the word " shareholder" shall extend to and include the legal personal representa- tives of such shareholder. 31. It shall be lawful for the directors from time to time to make such power to make calls of money upon the respective shareholders in respect of the amount "''"'• of capital respectively subscribed or owing by them as they shall think fit provided that twenty-one days notice at the least be given of each call and that no call exceed the sum of ten shillings in respect of any one share and that the aggregate amount of calls made in any one year do not exceed the sum of three pounds and every shareholder shall be liable to pay the amount of the calls so made in respect of the shares held by him to the persons and at the times and places from time to time appointed by the said directors. 32. If before or on the day appointed for payment any shareholder interest to be do not pay the amount of any call to which he is liable then such share- ^npa^d. ""^"^ holder shall be liable to pay interest for the same at the rate of six per cent, per annum from the day appointed for the payment thereof to the time of the actual payment. 33. It shall be lawful for the directors if they think fit to receive power to allow] from any of the shareholders willing to advance the same all or any i"*nt*of3ubSp- part of the moneys due upon their respective shares beyond the sums tions before caii. 364 DENILIQTOSr AND MOAMA EAILWAY. 37 VicTOEiA. actually called for and upon the principal moneys so paid in advance or so much thereof as from time to time shall exceed the amount of the calls then made upon the shares in respect of which such advance shall he made the directors may pay interest at such rate not exceeding the rate aforesaid as the shareholder paying such sum in advance and the directors shall agree upon. Enforcement of 34. jf at the time appointed hy the directors for the payment of any call any shareholder fail to pay the amount of such call it shall be law- ful for the Company to sue such shareholder for the amount thereof in any Court of law or equity having competent jurisdiction and to recover the same with lawful interest from the day on which such call was payable. Declaration in 35 ju any action or suit to be brought by the Company against any shareholder to recover any money due for any call it shall not be neces- sary to set forth the special matter but it shall be sufficient for the Company to declare that the defendant is the holder of one share or more in the Company (stating the number of shares) and is indebted to the Company in the sum of money to which the calls in arrear shall amount in respect of one call or more upon one share or more (stating the number and amount of each of such calls) whereby an action hath accrued to the Company by virtue of this Act. Matter to be 36. On the trial or hearing of such action or suit it shall be sufficient fo°caiis." "^ '°" to prove that the defendant at the time of making such call was the holder of one share or more in the Company and that such call was in fact made and such notice thereof given as is directed by this Act and it shall not be necessary to prove the appointment of the directors who made such call nor any other matter whatsoever and thereupon the Company shall be entitled to recover what shall be due upon such call with interest thereon unless it shall appear either that any such call exceeds the prescribed amount or that due notice of such call was not given or that the prescribed interval between two successive calls had not elapsed or that calls amounting to more than the sum prescribed for the total amount of calls in one year had been made within that period. tor°shi°' P^P™- 37. The production of the register of shareholders containing the name of the said defendant as a shareholder shall be prima facie evidence of his being a shareholder. Non-payment of 38. If any shareholder fail to pay any call payable by him together Forfeiture of '^\^ the interest if any that shall have accrued thereon the directors at shares for non- any time after the expiration of two months from the day appointed paymen . £^^ payment of such call may declare the share in respect of which such call was payable forfeited and that whether the Company have sued for the amount of such call or not. Notice of for- ' 39. Before declaring any share forfeited the directors shall cause Svm before notice of such intention to be left at or transmitted by the post to the declaration usual Or last place of abode of the person appearing by the register of shareholders to be the proprietor of such share and if the holder of any such share be absent from the Colony or if his usual or last place of abode be not known to the directors by reason of its being imperfectly described in the shareholders' address book or otherwise or if the interest in any such share shall be known by the directors to have become transmitted otherwise than by transfer as hereinbefore men- tioned but a declaration of such transmission shall not have been DENILIQUIN AND MOAMA EAILWAT. 365 registered as aforesaid and so tlie address of the parties to whom the 37 Victoria. same may have been transmitted or may for the time being belong shall not be known to the directors the directors shall give public notice of such intention in the G-overnment Q-azette and also in some newspaper published in Sydney as well as in one published or circulating in the district wherein the railway is situated and the several notices aforesaid shall be given twenty-one days at least before the directors shall make such declaration of forfeiture. 40. The said declaration of forfeiture shall not take effect so as to Forfeiture to be authorize the sale or other disposition of any share untU. such declaration gcSeSme^ting. have been confirmed at some general meeting of the Company to be held after the expiration of two months at the least from the day on which such notice of intention to make such declaration of forfeiture shall have been given and it shall be lawful for the Company to confirm such forfeiture at any such meeting and by an order at such meeting or at any subsequent general meeting to direct the share so forfeited to be sold or otherwise disposed of. 41. After such confirmation as aforesaid it shall be lawful for the Sale of forfeited directors to sell the forfeited shares either by public auction or private *='''^^- contract and if there be more than one such forfeited share then either separately or together as to them shall seem fit and any shareholder may purchase any forfeited share so sold. 42. A statutory declaration in writing by some credible person not Evidence as to interested in the matter made before any Justice that the call in respect gj^rea"^ °* of a share was made and notice thereof given and that default in pay- ment of the call was made and that the forfeiture of the share was declared and confirmed in manner .hereinbefore required shall be suf&cient evi- dence of the facts therein stated and such declaration and the receipt of the secretary of the Company for the price of such share shall constitute a good title to such share and a certificate of proprietorship shall be delivered to such purchaser and thereupon he shall be deemed the holder of such share discharged from all calls due prior to such purchase and he shall not be bound to see to the application of the purchase money nor shall his title to such share be affected by any irregularity in the proceedings in reference to such sale. 43. The Company shall not sell or transfer more of the shares of any No more shares such defaulter than will be suificient as nearly as can be ascertained at sufflcient^for™ the time of such sale to pay the arrears then due from such defaulter payment of calls. on account of any calls together with interest and the expenses attend- ing such sale and declaration of forfeiture and if the money produced by the sale of any such forfeited shares be more than suificient to pay all arrears of calls and interest thereon due at the time of such sale and the expenses attending the declaration of forfeiture and sale thereof the surplus shall on demand be paid to the defaulter. 44. If payment of such arrears of calls and interest and expenses On payment of he made before any share so forfeited and vested in the Company shall forfei^ed'share^ have been sold such share shall revert to the party to whom the same to revert. * belonged before such forfeiture in such manner as if such calls had been duly paid. 45. If any execution either at law or in equity shall have been Remedies issued against the property or effects of the Company and if there hlwers— '''^" cannot be found sufficient whereon to levy such execution then such Execution execution may be issued against any of the shareholders to the extent holders toTii^e 366 DENILIQUIN AND MOAMA EAILWAT. 37 VicTOKiA. of their shares respectively in the capital of the Company not then extent of their paid up And no shareholder or his real or personal estate shall be not paM u^^'**' liable for any debt or demand whatever due or to become due from or by the Company or in anywise relating to the said undertaking for any of the matters or things authorized by this Act to be made done or completed beyond the extent of his shares in the capital of the Com- pany not then paid up Provided always that no such execution shall issue against any shareholder except upon an 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 in writing 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 the register of shareholders without fee. 46. If by means of any such execution any shareholder shall have paid any sum of money beyond the amount then due from him in respect of calls he shall forthwith be reimbursed such additional sum by the directors out of the funds of the Company. 47. Every mortgage and bond for securing money borrowed by the Company shall be by deed under the common seal of the Company wherein the consideration shall be truly stated and every such mort- gage deed or bond may be according to the form in the Schedule D or E hereto or to the like effect. 48. The respective mortgagees shall be entitled one with another to their respective proportions of the tolls sums and premises comprised in such mortgages and of the future calls paid by the shareholders if comprised therein according to the respective sums in such mortgages mentioned to be advanced by such mortgagees respectively and to be repaid the sums so advanced with interest without any preference one above another by reason of priority of the date of any such mortgage or of the meeting at which the same was authorized. 49. No such mortgage (although it should comprise future calls on the shareholders) shall unless expressely so provided preclude the Company from receiving and applying to the purposes of the Company any calls to be made by the Company. 50. The respective obligees in such bonds shall proportionately according to the amount of the moneys secured thereby be entitled to be paid out of the tolls or other property or effects of the Company the respective sums in such bonds mentioned and thereby intended to be secured without any preference one above another by reason of priority of date of any such bond or of the meeting at which the same was authorized or otherwise howsoever. 51. A register of mortgages and bonds shall be kept by the secretary and within fourteen days after the date of any such mortgage or bond an entry or memorial specifying the number and date of such mortgage or bond and the sums secured thereby and the names of the parties thereto with their proper additions shall be made in such register and such register may be perused at all reasonable times by any of the shareholders or by any mortgagee or bond creditor of the Company or by any person interested in any such mortgage or bond without fee or reward. Rehubursement of such share- holders. Mortgages and bonds to be by deed. Righ' ■ of mortgagees. Application of calls noowith- Sianding mortgage. Ri *ts of obiiT;ecs. Regi"ter of mortgages and bonds. DENILIQTJIN AJSTD MOAMA EAILWAT. 367 52. Any party entitled to any such mortgage or bond may from 37 Victokia; time to time transfer his right and interest therein to any other person Transfers of and every such transfer shall be by deed wherein the consideration 15o„'iJf^='^b|r'J'' shall be truly stated and every such transfer may be according to the deed &o. form in the Schedule F hereto or to the like effect. 53. Within thirty days after the date of every such transfer if exe- Transfers of cuted within this Colony or otherwise within thirty days after the (Jondf to^be"*^ arrival thereof in this Colony it shall be produced to the secretary and registered. thereupon the Secretary shall cause an entry or memorial thereof to be made in the same manner as in the case of the original mortgage and after such entry every such transfer shall entitle the transferee to the full benefit of the original mortgage or bond in all respects and no party having made such transfer shall have power to make void release or discharge the mortgage or bond so transferred or any money thereby secured and for such entry the directors may demand a sum not exceed- ing two shillings and sixpence and until such entry the Company shall not be in any manner responsible to the transferee in respect of any such mortgage. 54. The interest of the money borrowed upon any such mortgage interest < n or bond shall be paid at the periods appointed in such mortgage or pa°d fit m-eter? bond and if no period be appointed half-yearly to the several parties ence to divi- entitled thereto and in preference to any dividends payable to the holders!' ^^'''''^' shareholders of the Company. 55. The interest on any such mortgage or bond shall not be trans- Transfers of f erable except by deed. ifed?" *° "' "^ 56. The directors may if they think proper fix a period for the repay- RepajTiient of ment of the principal money so borrowed with the interest thereof and S°a thMflxeT'' in such case the directors shall cause such period to be inserted in the mortgage deed or bond and upon the expiration of such period the principal sum together with the arrears of interest thereon shall on de- mand be paid to the party entitled to such mortgage or bond and if no other place of payment be inserted in such mortgage deed or bond such principal and interest shall be payable at the principal office or place of business of the Company. 57. If no time be fixed in the mortgage deed or bond for the repay- Repayment of ment of the money so borrowed the party entitled to the mortgage or where no time bond may at the expiration or at any time after the expiration of '''"^^■ twelve months from the date of such mortgage or bond demand payment of the principal money thereby secured with all arrears of interest upon • giving six months previous notice for that purpose and in the like case the directors may at any time pay ofE the money borrowed on giving the like notice and every such notice shall be in writing or print or both and if given by a mortgagee or bond creditor shall be delivered to the secretary or left at the principal office of the Company and if given by the directors shall be given either personally to such mortgagee or bond creditor or left at his residence or if such mortgagee or bond creditor be unknown to the directors or cannot be found after diligent inquiry such notice shall be given by advertisement in the Q-overnment G-azette and in some newspaper published in Sydney and in one pub- lished or circulating in the district where the railway is situated. 58. If the directors shall have given notice of their intention to pay interest to cease off any such mortgage or bond at a time when the same may lawfully notS'to'pay off be paid off by them then at the expiration of such notice all further ™gj[J°^''' °' interest shall cease to be payable on such mortgage or bond unless on 368 DEISriLIQTJIN AND MOAMA EAILWAT. 37 VicTOEiA. demand of payment made pursuant to such notice or at any time there- after the directors shall fail to pay the principal and interest due at the expiration of such notice on such mortgage or bond. Arrears ot 59. Where by this Act the mortgagees of the Company shall be em- to brenforced powcred to enforce the payment of the arrears of interest or the arrears by appointment of principal and interest due on such mortgages by the appointment of a receiver then if within thirty days after the interest accruing upon any such mortgage has become payable and after demand thereof in writing the same be not paid the mortgagee may without prejudice to Arrears of prin- his rights to sue for the interest so in arrear in any Court of competent cipai and interest jurisdiction require the appointment of a receiver by an application to be made as hereinafter provided and if within six months after the principal money owing upon any such mortgage has become payable and after demand thereof in writing the same be not paid the mortga- gee without prejudice to his right to sue for such principal money together with all arrears of interest in any such Court may if his debt amount to the hereinbefore prescribed sum alone or if his debt does not amount to the prescribed sum he may in conjunction with other mortgagees whose debts being so in arrear after demand as aforesaid shall together with his amount to the prescribed sum require the appointment of a receiver by an application to be made as hereinafter provided. Appointment of 60. Every application for a receiver in the cases aforesaid shall be receiver. made to two Justices and on any such application it shall be lawful for such Justices by order in vrriting after hearing the parties to appoint some person to receive the whole or a competent part of the toll or sums liable to the payment of such interest or until such principal and interest as the case may be together with all costs including the charges or receiving the tolls or sums aforesaid be fully paid and upon such appointment being made all auch tolls and sums of money as aforesaid shall be paid to and received by the person so to be appointed and the money so to be received shall be so much money received by or to the use of the party to whom such interest or such principal and interest as the case may be shall be then due and on whose behalf such receiver shall have been appointed and after such interest and costs or such principal interest and costs have been so received the power of such receiver shall cease. Access to 61. At all reasonable times the books of accounts of the Company mortgagees*'''^ sl^^ll ^^ Open to the inspection of the respective mortgagees and bond creditors thereof with liberty to take extracts therefrom without fee or- reward. New shares to be 62. The capital to be raised by the creation of new shares shall be Srorigult ^™° considered as part of the general capital and shall be subject to the shares. same provisions in all respects whether with reference to the payment of calls or the forfeiture of shares on non-payment of calls or other- wise as if it had been part of the original capital except as to the times of making calls for such additional capital and the amount of such calls which respectively it shall be lawful for the Company from time to time to fix as they shall think fit. Consolidation of Shares. Power to con- 63. It shall be lawful for the directors from time to time with the fnti?stoo'i?'"^°^ consent of three-fifths of the votes of the shareholders present in person or by proxy at any general meeting of the Company when due notice DENILIQUIN AND MOAMA EAILWAT. 369 ior that purpose shall have been given to convert and consolidate all or 37 Victoeia, any part of the shares then existing in the capital of the Company and in respect whereof the whole money subscribed shall have been paid up into a general capital stock to be divided amongst the shareholders according to their respective interests therein. 64. After such conversion or consolidation shall have taken place all Proprietors ot the provisions contained in this Act which require or imply that the ferthrsame?"^' capital of the Company shall be divided into shares of any fixed amount and distinguished by numbers shall as to so much of the capital as shall have been so converted or consolidated into stock cease and be ■of no effect and the several holders of such stock may thenceforth transfer their respective interests therein or any parts of such iuterests in the same manner and subject to the same provisions as or according to which any shares in the capital of the Company might be transferred under the provisions of this Act and the directors shall cause an entry to be made in some book to be kept for that purpose of every such transfer and for every such entry may demand any sum not exceeding two shillings and sixpence. 65. The directors shall from time to time cause the names of the Register of several parties who may be interested in any such stock as aforesaid ^''°°'^' with the amount of the interest therein possessed by them respectively to be entered in a book to be kept for that purpose and to be called the Eegister of Holders of Consolidated Stock and such book shall be accessible at all seasonable times to the several holders of shares or stock in the Company. 66. The several' holders of such stock shall be entitled to participate Proprietors of in the dividends or profits of the Company according to the amount of dMdends'."^'' ^ their respective interests in such stock and such interests shall in pro- portion to the amount thereof confer on the holders thereof respectively the same privileges and advantages for the purpose of voting at meet- ings of the Company qualification for the office of directors and for other purposes as would have been conferred by shares of equal amount in the capital of the Company but so that none of such privileges or advantages except the participation in the dividends and the profits of the Company shall be conferred by any aliquot part of such amount of consolidated stock as would not if existing in shares have conferred such privileges or advantages respectively. 67. All the money raised by the Company whether by subscriptions Application of of the shareholders or by loan or otherwise shall be applied first in <»■?'**'• paying the costs and expenses incurred in obtaining this Act and all expenses incident thereto and secondly in carrying the purposes of the Company into execution. General Meetings. 68. The first general meeting of the shareholders of the Company ordinary ment- shaU be held at some convenient place in Deniliquin within three ifa^f.yea'^ii'^''* months after the passing of this Act between the hours of ten in the forenoon and four in the afternoon And all subsequent general meetings of the Company shall be held on the first Monday in the months of February or August or at such other stated periods as shall be appointed for that purpose by an order of a general meeting and the meetings so appointed to be held as aforesaid shall be called ordinary meetings and all meetings whether ordinary or extraordinary shall be held at some place to be appointed by the directors. 2a 370 deniliquijst and moama eailwat. 37 VlCTOEI^. Business at ordi- nary meetings. Extraordinary meetings. Business at extraordinary meetings. Extraordinary meetings may be required by shai'eholders. Notice of meetings. 69. No matters except sucli as are appointed by tHs Act to be done at an ordinary meeting shall be transacted at any sucb meeting unless special notice of such matters have been given in the advertisement convening such meeting. 70. Every general meeting of the shareholders other than an ordinary meeting shall be called an extraordinary meeting and such meetings may be convened by the directors at such times as they think fit. 71. No extraordinary meeting shall enter upon any business not set forth in the notice upon which it shall have been convened. 72. It shall be lawful for a number of shareholders not being less than twenty holding in the aggregate shares to the amount of not less than one-tenth of the capital of the Company by writing under their hands at any time to require the directors to call an extraordinary meet- ing of the Company and such requisition shall fully express the object of the meeting required to be called and shall be left at the office of the Company or given to at least three directors or left at their last or usual places of abode and forthwith upon the receipt of such requisition the directors shall convene a meeting of the shareholders and if for twenty-one days after such notice the directors fail to call such meet- ing the number of shareholders qualified as aforesaid may call such meeting by giving fourteen days public notice thereof. 73. Pourteen days public notice at the least of all meetings whether ordinary or extraordinary shall be given by advertisement in the Gov- ernment G-azette and in one newspaj)er published in Sydney as well as in some newspaper published in or circulating in the district wherein the railway is situated which shall specify the place the day and the hour of meeting and every notice of an extraordinary meeting or of an ordinary meeting if any other business than the business hereby ap- pointed for ordinary meetings is to be done thereat shall specify the purpose for which the meeting is called. 7-t. In order to constitute a meeting whether ordinary or extraor- dinary there shall be present either personally or by proxy shareholders holding in the aggregate not less than one-twentieth of the capital of the Company and being in number not less than twenty and such share- holders shall be the quorum and if within one hour from the time appointed for such meeting the said quorum be not present no business shall be transacted at the meeting other than the declaring of a dividend in case that shall be one of the objects of the meeting but such meet- ing shall except in the case of a meeting for the election of directors hereinafter mentioned be held to be adjourned sine die. 75. At every meeting of the Company one or other of the following persons shall preside as chairman that is to say the chairman of the directors or in his absence the deputy chairman (if any) or ia the absence of the chairman and deputy chairman some one of the directors of the Company to be chosen for that purpose by the meeting or in the absence of the chairman and deputy chairman and all the directors any shareholder to be chosen for that purpose by a majority of the share- holders present at such meeting. meetin^sand ^^" '^^^ shareholders present at any such meeting shall proceed in adjournments, the execution of the powers of the Company with respect to the matters for which such meeting shall have been convened and those only and every such meeting may be adjourned from time to time and from place Quorum for a general meeting. Chairman at general meet- ings. DEFILIQUIN AND MOAMA EAILWAT. 37I to place and no business shall be transacted at any adjournsd meeting 37 Victoeia. otlier than the business left unfinished at the meeting from which such adjournment took place. 77. At all general meetings of the Company every shareholder shall Votes of have one vote for every share up to ten and he shall have an additional vote for every five shares beyond the first ten shares held by him up to one hundred and an additional vote for every ten shares held by him beyond the first hundred shares Provided always that no shareholder shall be entitled to vote at any meeting unless he shall have paid all the calls then due upon the shares held by him. 78. The votes maybe given either personally or by proxies being share- Manner of holders authorized by writing according to the form in the Schedule ■>'<'t™g- G- to this Act annexed or in a form to the like effect under the hand of the shareholder nominating such proxy or if such shareholder be a corporation then under their common seal and every proposition at any such meeting shall be determined by the maiority of votes of the parties present includiag proxies the chairman of the meeting being entitled to vote not only as a principal and proxy but to have a casting vote if there be an equality of votes. 79. No person shall be entitled to vote as a proxy unless the instru- Regulations as ment appointing such proxy have been transmitted to the secretary of '^ p™^'*^^- the Company not less than forty-eight hours before the time appointed for holding the meeting at which such proxy is to be used. 80. If several persons be jointly entitled to a share the person Votes of joint whose name stands first in the register of shareholders as one of the *="^«iio''i«'^^- holders of such share shall for the purpose of voting at any meeting be deemed the sole proprietor thereof and on all occasions the vote of such first-named shareholder either in person or by proxy shall be allowed as the vote in respect of such share without proof of the con- currence of the other holders thereof. 81. If any shareholder be a lunatic or idiot such lunatic or idiot votes of lunatics may vote by his committee and if any shareholder be a minor he may '""' minors, vote by his guardian or any of his guardians and every such vote may be given either in person or by proxy. 82. Whenever in this Act the consent of any particular majority of proof of a votes at any meeting of the Company is required in order to authorize ^fajorityofvote* any proceeding of the Company such particular majority shall only be only required if required to be proved in the event of a poll being 'demanded at such a poll demanded. meeting and if such poll be not demanded then a declaration by the chairman that the resolution authorizing such proceedings has been carried and an entry to that effect in the book of proceedings of the Company shall be sufiicient authority for such proceeding without proof of the number or proportion of votes recorded in favour of or against the same. 83. Alfred WiUiam Finch Noyes "William McKenzie "William Appointment Bignell Donald Cameron Thomas Eobertson and David Grif&ths Jones S?eck."'°°°* shall be the first directors of the Company and shall continue in oiEce until the first general meeting of the Company to be holden within three months after the passing of this Act. 84. The shareholders present personally or by proxy may at such Election of first general meeting as hereinbefore provided either continue in office directors, the directors appointed by this Act or any number of them or may elect six persons to be directors the directors appointed by this Act 372 DENILIQTJIN AND MOAMA EAILWAT. Existing directors con- tinued on failure of meeting for election of directors. Qualification of directors. 37 VicTOKiA. being eligible as members of sucb new body and at the first half-yearly meeting to be held in the month of February in every year thereafter the shareholders present personally or by proxy shall elect persons to supply the places of the directors then retiring from office agreeably to the provisions hereinafter contained and the several persons elected at any such meeting being neither removed nor disqualified nor having resigned shall continue to be directors until directors are elected in their stead as hereinafter mentioned. 85. If at any meeting at which an election of directors ought to take place the prescribed quorum of shareholders shall not be present within one hour from the time appointed for the meeting no election of directors shall be made but such meeting shall stand adjourned to the following day at the same time and place and if at the meeting so adjourned the prescribed quorum be not present within one hour from the time appointed by the meeting the existing directors shall continue to act and retain their powers until new directors be appointed at the first half-yearly meeting of the following year. 86. No person shall be capable of being a director unless he be a shareholder nor unless he be possessed of at least fifty shares and no person holding an oiEce or place of trust or profit under the Company or interested in any contract with the Company shall be capable of being a director and no director shall be capable of accepting any other office or place of trust or profit under the Company or of being interested in any contract with the Company during the time he shall be a director but nothing herein contained shall be construed to prevent the Company from assigning any remuneration to the chairman and directors for their services. 87. If any of the directors at any time subsequently to his election accept or continue to hold any other office or place of trust or profit under the Company or be either directly or indirectly concerned in any contract with the Company or participate in any manner in the profits of any work to be done for the Company or if such director at any time cease to be a holder of the prescribed number of shares in the Company or if he shall be absent from the meetings of the board of directors for three consecutive months without the leave of the said board then in any of the cases aforesaid the office of such director shall become vacant and thenceforth he shall cease from voting or acting as a director Provided always that no person being a share- holder or member of any incorporated joint stock Company shall be disqualified or prevented from acting as a director by reason of any contract entered into between such joint stock Company and the Com- pany incorporated by this Act but no such director being a shareholder or member of any such joint stock Company shall vote on any question as to any contract with such joint stock Company. 88. The directors appointed by this Act and continued in office as aforesaid or the directors elected to supply the places of those retiring as aforesaid shall subject to the provision hereinbefore contained for increasing or reducing the number of directors retire from office at the times and in the proportions following the individuals to retire being in each instance determined by ballot among the directors unless they shall otherwise agree that is to say — At the end of the first year after the first election of directors one- third of such directors to be determined by ballot among them- selves unless they shall otherwise agree shall go out of office. Cages in which office of director shall become vacant. Shareholder of an incorporated joint stock Com- pany not dis- qualified by reason of con- tracts. Rotation of directora. DENILIQUIN AND MOAMA RAILWAY. 373 At the end of the second year one-half of the remaining number 37 Victoria, of such directors to be determined in like manner shall go out of office. At the end of the third year the remainder of such directors shall go out of ofB.ce. And in each instance the places of the retiring directors shall be sup- plied by an equal number of qualified shareholders and at the first ordinary meeting in every subsequent year one-third of the directors being those who have been longest in office shall go out of office and their places shall be supplied in like manner nevertheless every director so retiring from office may be re-elected immediately or at any future time and after such re-election shall vpith reference to the going out by rotation be considered as a new director. 89. If any director die or resign or become disqualified or incom- Supply ot ooca- petent to act as a director or cease to be a director by any other cause iJfofflcToi™'^ than that of going out of office by rotation as aforesaid the remaining directoro. directors shall forthwith elect in his place some other shareholder duly qualified to be a director and the shareholder so elected to fill up any such vacancy shall continue in office as a director so long only as the person in whose place he shall have been elected would have been entitled to continue if he had remained in office. Powers of Directors. 90. The directors shaU have the management and superintendence Powers of the of the affairs of the Company and they may lawfully exercise all the SSedby'the powers of the Company except as to such matters as are directed by directors, this Act to be transacted by a general meeting of the shareholders but all the powers so to be exercised shall be exercised in accordance with and subject to the provisions of this Act and the exercise of all such powers shall be subject also to the control and regulation of any general meeting specially convened for the purpose but not so as to render invalid any act done by the directors prior to any resolution passed by such general meeting. 91. Except as otherwise provided by this Act the following powers powers of the of the Company that is to say the choice and removal of the directors be exercfsed by' except as hereinbefore mentioned and the increasing or reducing of the directors, their number where authorized by this Act the choice of auditors the determination of the remuneration to the directors auditors treasurer and secretary the determination as to the amount of money to be borrowed on mortgage the determination as to the augmentation of capital and the declaration of dividends shall be exercised only at a general meeting of the shareholders. Proceedings of Directors. 92. The directors shall hold meetings at such times as they shaU. Meetings of appoint for the purpose and they may meet and adjourn as they may dir""*""- think proper from time to time and from place to place and at any time any two of the directors may require the secretary to call a meeting of the directors And in order to constitute a meeting of directors there Quorum, shall be present at the least three directors And all questions at any such meeting shall be determined by the majority of votes of the directors present and in case of an equal division of votes the chairman shall have a casting vote in addition to his vote as one of the directors. 374 DENILIQIJIN AND MOAMA EAILWAT. Permanent chaimian of directors. Occasional chairman of directors. Committees of directors. Power of com- mittees. Meetings of committees. 37 Victoria. 93. At tlie first meeting of directors held after tlie passing of this Act and at the first meeting of the directors held after each annual appointment of directors the directors present at such meeting shall choose one of the directors to act as a chairman of the directors for the year following such choice and shall also if they think fit choose another director to act as deputy chairman for the same period And if the chairman or deputy chairman die or resign or cease to be a director or otherwise become disqualified to act the directors present at the meeting nest after the occurrence of such vacancy shall choose some other of the directors to fill such vacancy and every such chairman or deputy chairman so elected as last aforesaid shall continue in oflice so long only as the person in whose place he may he so elected would have been entitled to continue if such death resignation removal or disqualification had not happened. 94. If at any meeting of the directors neither the chairman nor deputy chairman be present the directors present shall choose some one of their number to be the chairman of such meeting. 95. It shall be lawful for the directors to appoint one or more com- mittees consisting of such number of directors as they think fit And they may grant to such committees respectively power on behalf of the Company to do any acts relating to the affairs of the Comijany which the directors could lawfully do and which they shall from time to time think proper to entrust to them. 96. The said committees may meet from time to time and may adjourn from place to place as they may think proper for carrying into effect the purposes of their appointment and no such committee shall exercise the powers entrusted to them except at a meeting at which there shall be present a quorum to be fixed for that purpose by the general body of directors And at all meetings of the committees one of the members present shall be appointed chairman And all questions at any meeting of the committee shall be determined by a majority of votes of the members present and in case of an equal division of votes the chairman shall have a casting vote in addition to his vote as a mem- ber of the committee. Contracts by 97. The power which may be granted to any such committee to make d?reotors'howto Contracts as well as the power of the directors to malie contracts on be entered into, behalf of the Company may lawfully be exercised as follows (that is to say)— With respect to any contract which if made between private per- sons would be by law required to be in writing and under seal such committee of the directors may make such contract on behalf of the Company in writing and under the common seal of the Company and in the same manner may vary or discharge the same. "With respect to any contract which if made between private per- sons would be by law required to be in writing and signed by the parties to be charged therewith then such committee or the directors may make such contract on behalf of the Com- pany in writing signed by such committee or any two of them or any two of the directors and in the same manner may vary or discharge the same. DENILIQUIN AND MOAMA EAILWAT. 375 "With respect to any contract wliicli if made between private per- 37 Victoria. sons would by law be valid although made by parol only and not reduced into writing such committee or the directors may mate such contract on behalf of the Company by parol only without writing and in the same manner may vary or discharge the same. And all contracts made according to the provisions herein contained shall be effectual in law and shall be binding upon the Company and their successors and all other parties thereto their heirs executors or administrators as the case may be and on any default in the execution of any such contract either by the Company or any other party thereto such actions or suits may be brought either by or against the Company as might be brought had the same contracts been made between private persons only. 98. The directors shall cause notes minutes or copies as the case may Prooeedinsr to require of all appointments made or contracts entered into by the book and to be directors of the orders and proceedings of the Company and of the diree- evidence, tors and committees of directors to be duly entered in books to be from time to time provided for the purpose which shall be kept under the superintendence of the directors and every such entry shall be signed by the chairman of such meeting and such entry so signed shall be received as evidence in all Courts and before all Judges Justices and others without proof of such respective meetings having been duly con- vened or held or of the persons making or entering such orders or pro- ceedings being shareholders or directors or members of committee respectively or of the signature of the chairman or of the fact of his having been chairman all of which last-mentioned matters shall be pre- sumed until the contrary be proved. 99. All acts done by any meeting of the directors or of a committee inionnaiitiea in of directors or by any person acting as a director shall notwithstanding it di'^°'tora^not to may afterwards be discovered that there was some defect in the appoint- invalidate pro- ment of any sueh directors or persons acting as aforesaid or that they °**"*'°ss. or any of them were or was disqualified be as valid as if every such person had been duly appointed and was qualified to be a director. 100. No director by being party to or executing in his capacity of Directors not to director any contract or other instrument on behalf of the Company or Ji|t5|''^°°*"^ otherwise lawfully executing any of the powers given to the directors shall be subject to be sued or prosecuted individually or collectively by any person whomsoever and the bodies or goods or lands of the directors shall not be liable to execution of any legal process by reason of any contract or other instrument so entered into signed or executed by them or by reason of any other lawful act done by them in the execution of any of their powers as directors and the directors their heirs executors and administrators shall be indemnified out of the capital of the Company for all payments made or liabilities incurred in respect of any acts done by them and for all losses costs and damages which they may incur in the powers granted to them and the directors for the time beiag of the Company may apply the existing funds and capital of the Company for the purposes of such indemnity and may if necessary for that purpose make calls of the capital remaining unpaid if any. Auditors. 101. At the first general meeting after the passing of this Act the Election of shareholders shall elect two auditors in like manner as is provided for auditors. 376 DENILIQUIN AND MOAMA EAILWAT. 37 VicTOKM. the election of directors and at the ordinary meeting of the Company in the month of February in each year thereafter the Company shall in like manner elect an auditor to supply the place of the auditor then retiring from ofB.ce according to the provision hereinafter contained and every auditor elected as hereinbefore provided being neither re- moved nor disqualified nor having resigned shall continue to be an auditor until another be elected in his stead. 102. One of such auditors to be determined in the first instance by ballot between themselves unless they shall otherwise agree and after- wards by seniority shall go out of office at the ordinary meeting in the month of February in each year but the auditor so going out shall be immediately re-eligible and after any such re-election shall with respect to the going out of office by rotation be deemed a new auditor. 103. If any vacancy take place among the auditors in the course of the current year then such vacancy shall be forthwith filled up by the board of directors and the auditor so appointed shall remain in office until the next general meeting of shareholders. 104. The provision of this Act respecting the failure of an ordinary meeting at which directors ought to be chosen shall apply mutatis mutandis to any ordinary meeting at which an auditor ought to be appointed. 105. The directors shall deliver to such auditors the half-yearly or other periodical accounts and balance-sheet fourteen days at the least before the ensuing ordinary meeting at which the same are required to be produced to the shareholders as hereinafter provided. 106. It shall be the duty of such auditors to receive from the direc- tors the half-yearly or other periodical accounts and balance-sheet required to be presented to the shareholders and to examine the same. 107. It shall be lawful for the auditors to employ such accountants and other persons as they may think proper at the expense of the Company and they shall either make a special report on the said accounts or simply confirm the same and such report or confirmation shall be read together with the report of the directors at the ordinary meeting. Accountahility of Officers. 108. Before any person intrusted with the custody and control of moneys whether secretary collector or other officer of the Company shall enter upon his office the directors shall take sufficient security from him for the faithful execution of his office. 109. Every officer employed by the Company shall from time to time when required by the directors make out and deliver to them or to any person appointed by them for that purpose a true and perfect account in writing under his hand of all moneys received by him on behalf of the Company and such account shall state how^ and to whom and for what purpose such moneys shall have been disposed of and together with such account such officer shall deliver the vouchers and receipts for such payments and every such officer shall pay to the directors or to any person appointed by them to receive the same all moneys which shall appear to be owing from him upon the balance of such accounts. 110. If any such officer fail to render such account or to produce and deliver up all the vouchers and receipts relating to the same in his possession or power or to pay the balance thereof when thereunto Rotation of auditors. Vacancy in office of auditor. Failure of meeting to elect auditor. Delivery of balance-sheet to auditors. Duty of auditors. Powers of auditors. Security from officers. Officers to account on denaand. Summary remedy a^inst parties failing to account. DENILIQUIN AND MOAMA EAILWAT. 377 required or if for ttree days after being thereunto required he fail to 37 Victoria. deliver up to the directors or to any person appointed by them to receive the same all papers and writings proper^ eilects matters and things in his possession or power as an officer of the Company or belonging to the Company then on complaint thereof being made to a Justice such Justice shall summon such officer to appear before two or more Justices at a time and place to be set forth in such summons to answer such charge and upon the appearance of such officer or in his absence upon proof that such summons was personally served upon him or left at his last known place of abode such Justices may hear and determine the matter in a summary way and may assess and declare the balance owing by such officer and if it appears either upon confes- sion of such officer or upon evidence or upon inspection of the accounts that any moneys of the Company are in the hands of such officer or owing by him to the Company such Justice may order such officer to pay the same and if he fail to pay the amount it shall be lawful for such Justice to grant a warrant to levy the same by distress or in default thereof to commit the offender to gaol for a period not exceed- ing three months unless the same be sooner paid. 111. If any such officer refuse to make out such account in writing Officers refusing or to produce and deliver to the Justices the several vouchers and receipts ai^ents^ia relating thereto or to deliver up any books papers or writings property to be imprisoned, effects matters and things if any in his possession or power belonging to the Company such Justices may commit such offender to gaol there to remain until he shall have delivered up all vouchers and receipts (if any) books papers writings property effects matters and things in his possession or power or belonging to the Company. 112. If any director or other person acting on behaH of the Com- where officer pany shall make oath that he has good reason to believe upon grounds ^''warrant maT"*^ to be stated ia his deposition and does believe that it is the intention be issued in the of any such officer as aforesaid to abscond it shall be lawful for the ^* '"stance. Justice before whom the complaint is made instead of issuing his sum- mons to issue his warrant for the bringing such officer before two Justices as aforesaid and it shall be lawful for the Justice before whom such officer may be brought either to discharge such officer if he thinks there is no sufficient ground for his detention or to order such officer to be detained in custody so as to be brought before two Justices at a time and place to be named in such order unless such officer give bail to the satisfaction of such Justice for his appearance before such Justices to answer the complaint of the Company. 113. No such proceeding against or dealing with any such officer as sureties not to aforesaid shall deprive the Company of any remedy which they might ^^ discharged, otherwise have against such officer or any surety of such officer. Accounts. 114. The directors shall cause fuU and true accounts to be kept of Accounts to be . aU sums of money received or expended on account of the Company ''^p'- by the directors and aU persons employed by or under them and of the matters and things for which such sums of money shall have been received or disbursed and paid. 115. The books of the Company shall be balanced fourteen days at Books to be least before each half-yearly general meeting and forthwith on the ''*'*"•=*<'• books being so balanced an exact balance-sheet shall be made up which 378 DENILIQITIN AND MOAMA EAILWAT. 37 ViOTOEIA. Inspection of accounts by shareholders at stated times. Balance-sheet to be produced at the meeting. The bookkeeper to allow inspec- tion of the accounts at the appointed times. Previously to declaration of dividends a scheme to be prepared. shall exhibit a true statement of the capital stock credits and property of every description belonging to the Company and the debts due by the Company at the date of making such balance-sheet and a distinct view of the profit or loss which shall have arisen from the transactions of the Company in the course of the preceding half-year and previously to each such meeting such balance-sheet shall be examined by the directors or any three of their number and shall be signed by the chairman or dejauty chairman of the directors. 116. The books so balanced together with such balance-sheet as aforesaid shall for fourteen days previous to each half-yearly meeting and for one month thereafter be open for the inspection of the share- holders at the principal office or place of business of the Company but the shareholders shall not be entitled at any time except during the periods aforesaid to demand inspection of such books unless in virtue of a ^vritten order signed by three of the directors. 117. The directors shall produce to the shareholders assembled at such meeting the said balance-sheet applicable to the period imme- diately preceding such meeting together with the report or the auditors thereon as hereinbefore provided. 118. The directors shall appoint a bookkeeper to enter the accounts aforesaid in books to be provided for the purpose and every such book- keeper shall permit any shareholder to inspect such books and to take copies or extracts therefrom at any reasonable time during one fort- night before and one month after every half-yearly meeting and if he fail to permit any such shareholder to inspect such books or take copies or extracts therefrom during the periods aforesaid he shall forfeit to such shareholder for every such offence a sum not exceeding five pounds. Dividends. 119. Previously to every half-yearly meeting at which a dividend is intended to be declared the directors shall cause a scheme to be pre- pared showing the profits if any of the Company for the period current since the preceding half-yearly meeting at which a dividend was declared and apportioning the same or so much thereof as they may consider applicable to the purposes of dividend among the shareholders according to the shares held by them respectively the amount paid thereon and the periods during which the same may have been paid and shall exhibit such scheme at such meeting And at such meeting a dividend may be declared according to such scheme. Dividend not to 120. The Company shall not make any dividend whereby their capital reduce''capitai.'° ^tock will be in any degree reduced Provided always that the word " dividend" shall not be construed to apply to a return of any portion of the capital stock with the consent of all the mortgagees and bond creditors of the Company due notice being given for that purpose at an extraordinary meeting to be convened for that object. ora^to set^i'lrt ^^^' ^^^0^^ apportioning the profits among the shareholders the a fund for con- directors may if they think fit set aside thereout such sum as they " =" jjiay think proper to meet contingencies or for enlarging repairing or improving the works connected with the undertaking or any part thereof and may divide the balance only among the shareholders. Dividend not to 122. No dividend shall be paid in respect of any share until all caiupaid!'"'"'" calls then due in respect of that and every other share held by the person to whom such dividend may be payable 'shall have been paid. tingencies. DENILIQUIN AND MOAMA EAILWAT. 379 By-laws. 37 Victoria. 123. It shall be lawful for the Company from time to time to make Power to make by-laws not being repugnant to the laws of this Colony or to the pro- '^y""™^- visions of this Act for the following purposes (that is to say) — Por regulating the conduct of the officers and servants of the Company and providing for the proper management of the affairs of the Company in all matters not otherwise by this Act provided for. For the protection of the railway and other property and works of the Company from trespass or injury. Por regulating the mode by which and the speed at which carriages using the railway are to be moved or propelled. Por regulating the loading and unloading of such carriages and the weights which they are respectively to carry. Por regulating the receipt and delivery of goods and other things which are to be conveyed upon or in such carriages. Por regulating the number of passengers to be carried in any carriage and the occupation of the seats therein. In preventing or restricting smoking and the commission of any other nuisance in or upon such carriages or in any of the stations or premises occupied by the Company. And generally for regulating the travelling upon or use of the railway but no such by-law shall authorize the closing of the railway or prevent the passage of engines or carriages on the railway at reasonable times except at any time when in con- sequence of any of the works being out of repair or from any other su£Bcient cause it shall be necessary to close the railway or any portion thereof And such by-laws shall be reduced into writing and shall have affixed thereto the common seal of the Company and be pubUshed in the Grovernment Gt-azette and in two newspapers circulating in the district thirty days at least before coming into operation And any person offending against any such by-law shall upon conviction before any two Justices forfeit for every offence any sum not exceeding five pounds to be imposed in such by-laws as a penalty for any such offence And if the infraction or non-observance of any such by-laws be attended with danger or annoyance to the public or hindrance to the Company in the lawful use of the railway it shall be lawful for the Company summarily to in- terfere to obviate or remove such danger annoyance or hind- rance and that without prejudice to the recovery of any penalty incurred by the infraction or non-observance of such by-laws. 124. The substance of such by-laws shall be painted on boards or publication of printed on paper and affixed to boards and placed and maintained in a ty-i*™- legible state in some conspicuous part of every station and place of business belonging to the Company according to the nature and subject matter of such by-laws so that notice thereof may be given to all parties affected thereby and no penalty imposed by any such by-law shall be recoverable unless the same shall liave been published and kept pub- lished as aforesaid. 380 DENILIQUIN AND MOAMA EAILWAT. 37 "Victoria. 125. The production of a written or printed copy of the by-laws of the Company having the common seal of the Company affixed thereto shall be sufficient evidence of such by-laws in all proceedings under the Evidence of by-lawg. By-laws to be binding on all parties. Service of notices upon Company. Service by Com- pany on share- holders. Notices to joint proprietors of shares. Authentication of notices. Proof of debts insolvency &c. 126. Such by-laws when so published and affixed shall be binding upon and be observed by all parties and shall be sufficient to justify all persons acting under the same and for proof of the publication of any such by-laws it shall be sufficient to prove that a printed paper or painted board containing a copy of such by-laws was. affixed and continued in manner by this Act directed and in case of the same being afterwards displaced or damaged then that such paper or board was replaced as soon as conveniently might be Provided that no such by-laws as shall be applicable to other persons than the members of the said Company and its officers agents servants and workmen shall be binding on such persons until two months after they shall have been laid before the Grovernor and Executive Council unless the said G-overnor with the advice of the said Council shall before the expiration of such period have sig- nified their approbation thereof and the said G-overnor with the said advice shall have power at any time to disallow any such by-law as last aforesaid and thereupon the- same shall not have and shall cease to have any force or effect in law. 127. Any summons or notice or any writ or other proceeding at law or in equity requiring to be served upon the Company maybe served by the same being left at or transmitted through the post directed to the principal office of the Company or one of their principal offices where there shall be more than one or being given personally to the secretary or in case there be no secretary then by being given to any one director of the Company. 128. Every notice required to be served by the Company upon the shareholders may unless expressly required to be served personally be served by the same being transmitted through the post directed according to the registered address or other known address of the shareholder within such period as to admit of its being delivered in the course of delivery within the period prescribed for the giving of such notice and in proving such service it shall be sufficient to prove that such notice was properly directed and that it was so put into the post-office Pro- vided that the requirements of this section as to the time of transmission shall not apply to shareholders resident out of the Colony but in every such case fourteen days notice at the least shall be given by advertise- ment in the G-overnmeht G-azette and in newspapers published or circu- lating in Sydney Melbourne and Deniliquin respectively. 129. All notices directed to be given to the shareholders shall with respect to any share to which persons are jointly entitled be given to whichever of the said persons shall be named first in the register of shareholders and notice so given shall be sufficient notice to all the proprietors of such share. 130. Every summons notice or other such document requiring authen- tication by the Company may be signed by two directors or by the secretary of the Company and need not be under the common seal of the Company and the same may be in writing or in print or partly in writing and partly in print. 131. If any person against whom the Company shall have any claim or demand become bankrupt or take the benefit of any Act for the relief DENILIQriN AND MOAMA EAILWAT. 381 of insolvent debtors it shall be lawful for tie secretary of the Company 37 Victoeia. in all proceedings against the estate of such bankrupt or insolvent or under any fiat sequestration or Act of insolvency against such bankrupt or insolvent to represent the Company and act in their behalf in all respects. 132. If any party shall have committed any irregularity trespass or Tender of other wrongful proceeding in the execution of this Act or by virtue of '"°^°'*^- any power or authority thereby given and if before action brought ia respect thereof such party make tender of sufficient amends to the party injured such last-mentioned party shall not recover in any such action and if no such tender shall have been made it shall be lawful for the defendant by leave of the Court where such action shall be pending at any time before issue joined to pay into Court such sum of money as he shall think fit and thereupon such proceedings shall be had as in other cases where defendants are allowed to pay money into Court. Meeovery of damages and penalties. 133. In all cases where any damages costs or expenses are by this provisiona for Act or any Act incorporated therewith directed to be paid and the '^jj^^f ""' method of ascertaining the amount or enforcing the payment thereof is vided for. not provided for such payment in case of dispute shall be ascertaiaed and determined by the Justices and if the amount so ascertained be not paid by the Company or other party liable to pay the same within seven days after demand the amount may be recovered by distress of the goods of the Company or other party liable as aforesaid and the Justices by whom the same shall have been ordered to be paid or either of them on application shall issue their or his warrant accordingly. 134. If sufficient goods of the Company cannot be found whereon to Distress against levy any such damages costs or expenses payable by the Company the ">^ secretary, same may if the amount thereof do not exceed twenty pounds be recovered by distress of the goods of the secretary of the Company and the Justices aforesaid or either of them on application shall issue their or his warrant accordingly But no such distress shall issue against the goods of such secretary unless seven days previous notice in writing stating the amount so due and demanding payment thereof have been given to such secretary or left at his residence and if such secretary pay any money under such distress as aforesaid he may retain the amount so paid by him and all costs and expenses occasioned thereby out of any money belonging to the Company coming into his custody or control or he may sue the Company for the same. 135. Where in this Act or in any Act incorporated therewith any Method of pro- question of compensation expenses charge or damages is referred to Justices in'""^^ the determination of any one Justice or more it shall be lawful for any question of Justice upon the application of either party to summon the other party ^*™*s^^ *"• to appear before one Justice or before two Justices as the case may require at a time and place to be named in such summons and upon the appearance of such parties or in the absence of any of them upon proof of due service of the summons it shall be lawful for such one Justice or such two Justices as the case may be to hear and determine such question and for that purpose to examine such parties or any of them and their witnesses on oath and the costs of every such inquiry shall be in the discretion of such Justices and they shall determine the amount thereof. 382 DENILIQUI]Sr AND MOAMA EAILWAT. 37 Victoria. 136. The Company shall publish the short particulars of the several Publication oJ offeuces for which any penalty is imposed by this Act or any Act in- penaities. eorporated therewith or by any by-law of the Company affecting other persons than the shareholders officers or servants of the Company and of the amount of every such penalty and shall cause such particulars to be painted on a board or printed upon paper and pasted thereon and shall cause such board to be hung up or affixed in some conspicuous part of the principal place of business of the Company And where any such penalties are of local application shall cause such boards to be affixed in some conspicuous place in the immediate neighbourhood to which such penalties are applicable or have reference and such particulars shall be renewed as often as the same or any part thereof is obliterated or destroyed and no such penalty shall he recoverable unless it shall have been published and kept published in the manner hereinbefore required. Penalty for 137. jf any person pull down or iniure any board put up or affixed used tor such as rcijuired by this Act or any Act incorporated therewith for the publication. purpose of publishing any by-law or penalty or shall obliterate any of the letters or figures thereon he shall forfeit for every such offence a sum not exceeding five pounds and shall defray the expenses attending the restoration of such board. Penalties to be 138. Every penalty or forfeiture imposed by this Act or any Act recovered''before incorporated therewith or by any by-law made in pursuance thereof the two Justices. recovery of which is not otherwise provided for may be recovered by summary proceedings before two Justices and on complaint being made to any Justice he shall issue a summons requiring the party complained against to appear before two Justices at a time and place to be named in such summons and every such summons shall be served on the party offending either in person or by leaving the same with some inmate at his usual place of abode And upon the appearance of the party com- plained against or in his absence after proof of the due service of such summons it shall be lawful for two Justices to proceed to the hearing of the complaint and that although no information in writing or in print shall have been exhibited before them And upon proof of the offence either by the confession of the party complained against or upon the oath of one credible witness or more it shall be lawful for such Justices to convict the offender and upon such conviction to adjudge the offender to pay the penalty or forfeitures incurred as well as such costs attending the conviction as such Justices shall think fit. bvied'bySs^''" ^^^' '"'^ forthwith upon any such adjudication as aforesaid the amount tress. of the penalty or forfeiture and of such costs as aforesaid be not paid the amount of such penalty and costs shall be levied by distress and such Justices or either of them shall issue their or his warrant of distress accordingly. Imprisonment 140. It shall be lawful for any such Justice to order any offender so distress! ° convicied as aforesaid to be detained and kept in safe custody until return can be conveniently made to the warrant of distress to be issued for levying such penalty or forfeiture and costs unless the offender give sufficient security by way of recognizance or otherwise to the satisfaction of the Justice for his appearance before him on the day appointed for such return such day not being more than eight days from the time of taking such security but if before issuing such warrant of distress it shall appear to the Justice by the admission of the offender DENILIQUIN AND MOAMA EAILWAT. 383 or otherwise that no suiEcient distress can be liad "whereon to levy such 37 Victokia. penalty or forfeiture and costs he may if he thinks fit refrain from issuing such warrant of distress and in such case or if such warrant shall have been issued and upon the return thereof such insufficiency as aforesaid shall be made to appear to the Justice then such Justice shall by warrant cause such offender to be committed to gaol there to remain for any term not exceeding three months unless such penalty or forfeiture and costs be sooner paid and satisfied. 141. When in this Act or any Act incorporated therewith any sum Distress. How of money whether in the nature of penalty or otherwise is directed to *° '"^ levied, be levied by distress such sum of money shall be levied by distress and .sale of the goods and chattels of the party liable to pay the same and the overplus arising from the sale of such goods and chattels after satisfying such sum of money and the expenses of the distress and sale shall be returned on demand to the party whose goods shall have been distrained. 142. No distress levied by this Act or any Act incorporated there- Distress not with shall be deemed unlawful nor shall any party making the same be waiSToHom. deemed a trespasser on account of any default or want of form in the summons conviction warrant of distress or other proceeding relating thereto nor shall such party be deemed a trespasser ab initio on account of any irregularity afterwards committed by him but all persons aggrieved by such default or irregularity may recover full satisfaction for the special damage in an action upon the case. 143. No person shall be liable to the payment of any penalty or Penalties to be forfeiture imposed by virtue of this Act or any Act incorporated asfmonths.*'" therewith for any offence made cognisable before a Justice unless the complaint respecting such offence shall have been made before such • Justice within six months next after the commission of such offence. 144. If through any act neglect or default on account whereof any Damage to be person shall have incurred any penalty imposed by this Act or any ^^*tif°°o'° Act incorporated therewith any damage to the property of the Com- penalty. pany shall have been committed by such person he shall be liable to make good such damage as well as to pay such penalty and the amount of such damages shall in case of dispute be determined by the Justices by whom the party incurring such penalty shall have been convicted And on non-payment of such damages on demand the same shall be levied by distress and such Justices or one of them shall issue their or his warrant accordingly. 145. It shall be lawful for any Justice to summon any person to Penalty on appear before him as a witness in any matter in which such Justice ™akfn^*defauit. shall have jurisdiction under the provisions of this Act or any Act incorporated therewith at a time and place mentioned in such summons and to administer to him an oath to testify the truth in such matter and if any person so summoned shall without reasonable cause refuse or neglect to appear at the time and place appointed for that purpose having been paid or tendered a reasonable sum for his expenses or if . any person appearing refuse to be examined on oath or to give evidence before such Justice every such person shall forfeit a sum not exceeding five pounds for every such offence. 146. It shall be lawful for any officer or agent of the Company Transient and all persons called by him to his assistance to seize and detain any offenders, person who shall have committed any offence against the provisions of 384. DENILIQUIN AND MOAMA EAILWAT- 37 VicTOBiA. this Act or any Act incorporated therewith and whose name and residence shall be unknown to such officer or agent and convey him with all convenient dispatch before some Justice without any warrant or other authority than this Act and such Justice shall proceed with all convenient dispatch to the hearing and determining of the complaint against such offender. 147. 'No proceeding in pursuance of this Act or any Act incorporated therewith shall be quashed or vacated for want of form nor shall the same be removed by certiorari or otherwise into the Supreme Court. Proceedinpfs not to be quashed lor want of form. Parties allowed to appeal to Quarter Sessions. Court to make such order as they think reasonable. Aj>peal. 148. If any party shall feel aggrieved by any determination or adjudication of any Justice with respect to any penalty or forfeiture under the provisions of this Act or any Act incorporated therewith such party may appeal to the General or Quarter Sessions of the Peace holden nearest to the place in which the cause of appeal shall have arisen but no such appeal shall be entertained unless it be made within four months next after the making of such determination or adjudica- tion nor unless ten days notice in writing of such appeal stating the nature and grounds thereof be given to the party against whom the appeal shall be brought nor unless the appellant forthwith after such notice enter into recognizances with two sufficient securities before a Justice conditioned duly to prosecute such appeal and to abide the order of the Court thereon. 149. At the G-eneral or Quarter Sessions for which such notice shall be given the Court shall proceed to hear and determine the appeal in a summary way or they may if they think fit adjourn it to the following Sessions and upon the hearing of such appeal the Court may if they think fit mitigate any penalty or forfeiture or they may confirm or quash the adjudication and order any money paid by the appellant or levied by distress upon his goods to be returned to him and may also order such further satisfaction to be made to the party injured as they may judge reasonable and they may make such order concerning the costs both of the adjudication and of the appeal as they may think reasonable. Construction of Hallways. 150. TJpon the completion of the railway and works authorized by '^"'''°"''"™^- this Act to the satisfaction of the Engineer-in-Chief for Eailways it shall be lawful for the Governor with the advice of the Executive Council to grant to the Company in fee-simple the portion of land herein more particularly described and containing by admeasurement eleven hundred acres more or less that is to say — ^the lands situate within the counties of Townsend and Cadell New South "Wales and within the following boundaries Commencing at the southern side of the ana-branch of the Edward Eiver known as Coonambidgal Creek at a point bearing north forty -four degrees forty-eight minutes east from a point on the north-eastern boundary of section two town of South Deniliquia distant four chains north-westerly from the eastern corner of that section and thence within one chain and fifty links on each side of a line bearing south forty-four degrees forty -eight minutes west about one mile four chains and thirty-three links to the north-eastern side of Poictiers-street and from section twenty -three of said town of South Deniliquin within one chain and fifty Hnks on each side of the Power to grant DENILIQtriN AND MOAMA EAILWAT. 385 continuation of that line for a distance of two miles seventy chains and 37 Victoeia. seTentjr-eight links passing partly through the one thousand acres dedi- cated for permanent common thence within one chain and fifty links on each side of a curved line with a radius of eighty chains from a point on the eastern side of that line sixty-one chains and fifty links passing partly through the aforesaid one thousand acres thence within one chain and fifty links on each side of a line bearing south passing partly midway between portions three hundred and six and two hundred and sixty-three parish of South Deniliquin and seveateen and twenty parish of Tallama and one chain and fifty links west from the west boundary of P. Stuckey's three hundred and twenty acres in the latter parish fourteen miles twenty -nine chains and thirty-seven liaks thence within one chain and fifty links on each side of a curved line south-easterly with a radius of eighty chains for fifty chains thence within one chain and fifty links on each side of a line bearing south thirty -five degrees fifty-two minutes east passing partly about one chain and seventy links north-easterly of Conargo-street town of Mathoura three miles nineteen chains and thirty-six links to a poiat six chains north from the north boundary of Lewis and Throsby's three hundred and twenty acres ad- joining the southern boundary of the town of Mathoura and from the southern boundary of Lewis and Throsby's land aforesaid within one chain and fifty links on each side of a liae bearing south seventeen degrees thirty-five minutes west fourteen miles thirty chains and sixty-five links to a point one chain and fifty links westerly from the v/estern boundary of portion fifty parish of Bama county of Cadell and eleven chains north-easterly from the south-western corner of that portion thence within one chain and fifty links on each side of a curved line with a radius of eighty chains for twenty-four chains and sixty links thence within one chain and fifty links on each side of a line bearing south and passing partly one chain and fifty links westerly from the west boundaries of portions forty-nine forty-eight forty-seven forty-six and forty-five parish of Bama aforesaid five miles thence within one chain and fifty links on each side of a curved line with a radius of eighty chains from a point westerly of that line for seventy- two chains to the north boundary of the town of Moama thence within one cha;in and fifty links of a line south-westerly parallel with "Warden- street of that town to the north-eastern side of Francis-street thence within one chain and fifty links on each side of a curved line with a radius of forty-eight chains passing between sections fifty-two and fifty-three to Minniny a- street and from section fifty-three aforesaid within one chain and fifty links on each side of a curved line with a radius of eighty chains to the Murray River at a point about eleven chains south-easterly from the south-eastern corner of J. Macintosh's allotment nine of section fifty-eight town of Moama. 151. Before commencing the line of railway by this Act authorized Before 00m- to be made the Company shall by some qualified engineer by them to ^™ey to'^be™^ be appointed cause to be made and taken levels and surveys of the made and took private lands through which such line of railway or branch is to be " ^^ "<="'=^- carried together with a map or plan of the said line and of the lands through which it is to pass a book of reference in which shall be set forth a description of the said several lands and the names of the pro- prietors thereof so far as the same shall be known or can with reasonable diligence be ascertained setting forth the bearings of such railway^ as the case may require and the nature and quality state of cultivation and enclosures (if any) and the quantity of such land which may be 2b 386 DENILIQTJIN AND MOAMA EAILWAT. 37 VicTOEiA. required for the piirpose of making such railway And the said map or Map and book of plan and book of reference shall be kept in the oflice of the Company opeiito°insBe(> '^^ some conTcnient office at Deniliquin and true copies thereof signed tion of public, by the chairman of the directors shall be deposited with the Clerk of Petty Sessions at Deniliquin aforesaid and in case of the formation of any branches in connection therewith the like copies shall be deposited with the Clerks of the Petty Sessions of any and every other district into or through which any such branch shall be intended to be carried and such map or plan and book of reference and such copies thereof respectively shall be open at all convenient times for public examina- tion from the day of the date on which such notice as aforesaid or notice of such branch railway being about to be made (as the case may require) shall be first published and all persons shall be at liberty at all proper and convenient times to inspect the said map or plan and book of reference or copies as aforesaid. Company to give 152. The Company shall by advertisement in the Grovernment Gazette MonTo make™' ^^id in one or more Sydney newspapers and in two newspapers pub- i-aUway. lished or circulating in DenUiquin and Moama respectively at least forty days before the commencement of the formation of the railway give notice that they intend to construct the said railway between the places therein specified according to a map or j)lan to be seen in the olfioe of the Company at Deniliquin and at the office of the said Clerk of Petty Sessions. Omissions in 153. No advantage shall be taken of or against the Company or any not'to'impedT'^'^ interruption be given to the making of such railway and other works makinff the rail- on account of any omission misstatement or erroneous description in ""'■'' "' the book of reference but it shall be lawful for the Company by them- selves their agents officers surveyors servants and workmen to enter into and upon and to take and use for the purposes of this Act any lands or grounds set out and described in the said map or plan notwithstand- ing any such omission misstatement or erroneous description in case it shall apj)ear to any two Justices acting for the district or place in which such lands or grounds shall be situated and be certified by writing under their hands that such error or omission proceeded from mistake and not from fraud. Power to pur- 154. It shall be lawful for the Company subject to the provisions of agreement^ ^'' ^^^ ■^'^^ ^^'^ 0^ t^® enactments incorporated herewith to agree with the owners of any lands by this Act authorized to be takenand which shallbe required for the purposes thereof and with all parties having any estate or interest in such lands or by this Act or the said incorporated enact- ments enabled to sell and convey the same for the absolute purchase of such lands or any parts thereof and of all estates and interests therein. Pei-son who may 155. It shall be lawful for all parties being seised possessed of or pany?^ *° °''™" entitled to any such lands or any estate or interest therein to sell and convey and release the same to the Company and to enter into all necessary agreements for that purpose and particularly it shall be law- ful for all or any of the f oUowiag parties so seised possessed or entitled as aforesaid so to sell convey or release (that is to say) all corporations tenants in tail or for life married women seised in their own rights or entitled to dower guardian committees of lunatics and idiots trustees or officers in trust for charitable or other purposes executors and adminis' trators and all parties for the time being entitled to the receipt of the rents and profits of any such lands in possession or subject to any estate or dower or to any lease for the life or for lives or for years or any less interest and the power so to sell and convey or lease as aforesaid DENILIQUIN AND MOAMA EAILWAT. 387 may lawfully be exercised by all sucli parties other tlian married women 37 Victoeia. entitled to dower or lessees for life or lires or for years or for any less interest not only on bebalf of themselves their respective heirs executors administrators and successors but also for and on behalf of every per- son entitled in reversion remainder or expectancy after them or in defeas- ance of the estates of such parties And as to such married women whether they be of full age or not as if they were sole and of full age And as to such guardians on behalf of their wards and as to such com- mittees on behalf of the lunatics and idiots of whom they are com- mittees respectively And that to the same extent as such wives wards lunatics and idiots respectively could have exercised the same power under the authority of this Act as if they had respectively been under no disability - And as to such trustees executors or administrators on be- haK of their cestuis que trust whether iafants issue unborn lunsXics feme converts or other persons and that to the same extent as such eestuis que trust could have exercised the same powers under the authority of this Act as if they had respectively been under no disability. 156. The purchase money or compensation to be paid for any lands Amount of oom- to be taken or purchased from any person under any such disability or asmSSed'in incapacity as in the last preceding section hereof mentioned and not case of parties having power to seU or convey such lands except under the provisions "" ^"^ '™ ' ' ^' of this Act and the compensation to be paid for any permanent damage or injury to any such lands occasioned by the Company in carrying out the powers conferred on them by this Act shall in no case except where the same shall have been determined by a surveyor under the provi- sions of the Act hereinafter incorporated be less than the amount which shall be determiued by two Justices or by arbitrators appointed in manner hereinafter provided. 157. When the Company shall have made and completed the map or Notice of lands plan and book of reference hereiabefore required to be made they shall raiiwayf ""^ '''^ give notice of the lands taken ascertained set out and required for the said railway not being lands to be granted to the Company under the provisions hereinbefore contained to all the parties interested in such land or to the parties enabled by this Act to sell and convey or release the same or such of the said parties as shall after diligent inquiry be known to the Company and by such notice shall demand from such parties the particulars of their estate and interest in such lands and of the claims made by them in respect thereof And every such notice shall state the particulars of the lands so taken set out or required as aforesaid and that the Company are willing to treat for the purchase of such of the said lands as the Company are not by this Act authorized to take without the previous consent of the owner and as to the com- pensation to be made to all parties for the lands taken and the damage that may be sustained by them by reason of the execution of the works. 158. All notices required to be served by the Company upon the Service of notices parties interested in or entitled to sell any such lands shall either be occupiera^of'"' served personally on such parties or left at their last usual place of lai'is- abode (3 any such can after diligent inquiry be found) and in case any such parties shall be absent from the Colony or cannot be found after diligent inquiry shall be left with the occupier of such lands or if there be no such occupier shall be affixed upon some conspicuous part of such lands. 159. If any such party be a corporation aggregate such notice shall service of notice be left at the principal office of business of such corporation or if no aggregate. such office can after diHgent inquiry be found shall be served on some 388 DENILIQUIN AND MOAMA EAILWAT. 37 ViCTOKIA. Power to make railway when 5000 shares sub- scribed and £aO,000 paid up. Power to enter upon lands and take soil timber To remove materials. Construct inclined planes tunnels &c. principal member or officer (if any) of such corporation and such notice shall also he left with the occupier of such lands or if there be no such occupier shall be affixed upon some conspicuous part of such lands. 160. As soon as five thousand shares of the capital of the Companyr shall have been subscribed for and twenty thousand pounds paid up and not before it shall be lawful for the Company and they are hereby authorized and empowered by themselves their agents officers workmen and servants to commence and continue until completion the construc- tion of and thereafter to maintain a single or double line of railway and of all proper stations bridges approaches works and conveniences connected therewith commencing at such point in or near Deniliquin aforesaid and terminating at such point in or near Moama as afore- said as may appear to the directors to be most conveniently situated and to procure and own such carriages steamboats and vessels as may be necessary to ply on the roads or in the waters of any rivers in con- nection with the said railway Provided that if twenty per cent, of the capital of the Company shall not have been paid into the Bank of New South Wales at Deniliquin to the credit of the Company within one year after the passing of this Act or if the Company shall not have completed the railway (with a single line of rails) and opened the same for public traffic within five years after the passing of this Act then the privileges powers and authorities given or authorized to be given to the Company by this Act shall wholly cease and determine Provided always that it shall be lawful for the Q-overnor with the advice of the Executive Council to extend the said time for any period not exceeding twelve months Pro- vided lastly that if the Company shall fail to complete and open the rail- way for public traffic as aforesaid within the time hereinbefore prescribed in that behalf all lands acquired by the Company by purchase or otherwise under the provisions of this Act shall upon such default at the option of the Government intimated through the Commissioner of Railways become vested in Her Majesty her heirs and successors for such estate or interest as the Company had become entitled to therein upon payment to the Company by the Q-ovemment of all such sums of money as shall have been paid for the said lands to the owners thereof by the Company either by way of purchase or compensation and all lands so divested from the Company shall thereupon be and continue to be reserved for railway purposes as portion of the said Crown Lands here- inbefore described. 161. Por the purposes and subject to the provisions of this Act it shall be lawful for the Company their successors agents servants and workmen and all other persons by them authorized and they are hereby authorized and empowered to enter into and upon the lands and grounds of any person whomsoever and to take carry away and use any earth soil clay stone beds of gravel or sand or any other materials or things which may be dug raised or obtained therein or otherwise in making the said railway and other works or any lands contiguous or adjoining thereto and which may be proper or necessary for making maintaining altering repairing or using any such railway and other works by this Act authorized or which may hinder prevent or obstruct the making maintaining altering repairing or using the same respectively And it shall not be necessary for the Company to make any previous agreement with or to apply for or obtain the previous consent of the owner or occupier of any such lands for any of the purposes aforesaid And also to make build erect or construct bank excavate cut and set up in upon across under or over any such railway or other DENILIQUIN AND MOAMA EAILWAT. 389 worts or upon any lands streets hills valleys roads rivers canals brooks 37 Victoeia. streams or other waters adjoining the same such and so many inclined planes tunnels embankments aqueducts bridges roads ways passages conduits drains piers arches deep-cuttings and fences as the Company shall think proper And also to alter the course of any rivers canals Alter the course brooks streams or watercourses during such time as may be necessary °' "™" ''"'• for constructing tunnels bridges or passages over or under the same or for any other necessary purpose And also to divert or alter the course And of roads &o. of any roads or ways or to raise or sink any roads or ways in order the more conveniently to carry the same over or under or by the side of any such railway and to make drains or conduits into through or under any lands adjoining such railway for the purpose of conveying water irom or to the same And also in or upon such railway or any lands And to erect adioininsr or near thereto to erect and make such toll and other houses toii-houses ware. 1. JJ.J-- • J 1.1 ij ■ houBea &c. warehouses yards stations engines and other works and conveniences con- nected with such railway as the said Company shall think proper And also from time to time to alter repair and amend or discontinue the before-mentioned works or any of them and to substitute others in their stead and where any such railway shall pass through any wood lands or forests it shall be lawful for the Company to fell or remove any trees standing thereon within the distance of one hundred yards from either side of such railway which by their liability to be thrown down or from their falling may obstruct or impair the said railway And Power to use also to enter upon and use any private road (being a road gravelled or p"™'« """*5- formed with stones or other hard materials and not being an avenue or a planted or ornamental road or an approach to any homestead or mansion-house) And generally to do and execute all other matters and things necessary or convenient for constructing maintaining alter- ing or repairing and using such railway and other works by this Act authorized they the said Company their agents servants and workmen doing as little damage as may be in the execution of the several powers to them hereby granted and the said Company making full satisfaction company to in maimer provided by the Act as hereinafter incorporated herewith to ^j^fa'tJon the owners or proprietors of and to all persons interested in any lands or hereditaments which shall have been taken used or injured for all damages to be by them sustained in or by the execution of all or any of the powers hereby granted and this Act shall be sufficient to indemnify the Company and all other persons for what they or any of them shall do by virtue of the powers hereby granted subject neverthe- less to such provisions and restrictions as are herein contained. 162. If in the exercise of the powers hereby granted it be found Before roads necessary to cross cut through raise sink or use any part of any road otife^a tobe''^ whether carriage-road or horse-road either public or private so as to substituted. Tender it impassable for or dangerous or extraordinarily inconvenient to passengers or carriages or to the persons entitled to the use thereof the Company shall before the commencement of any such operations cause a sufficient road to be made instead of the road to be interfered with and shall at their own expense maintain such substituted road in a state as convenient for passengers and carriages as the road so inter- fered with or as nearly so as may be. 163. It shall be lawful for the Company to contract with any party Power to take willing to sell the same for the purchase of any lands or if such party be "and" tor°*^ unwilling to sell the same to take such lands subject to the provisions additional . ° j_- 1 ■ j!i i_ • ^ • J. J 1, •j.T, accommodation. as to compensation heremaiter contained or incorporated herewith 390 DENILIQUIN AND MOAMA EAILWAT. 37 Victoria, for the purpose of mating and providing additional stations yards wharves stellings and places for the accommodation of passengers and for receiving depositing and loading or unloading goods or cattle to be conveyed upon the railvray or along any canals constructed by the Company and for the erection of weighing-machines tolls houses and other buildings and conveniences and for any other purpose that may be deemed requisite or convenient for the use of the railway or for the general promotion of the objects of the Company in connection with the undertaking or the works hereby authorized and it shall be lawful for all parties to sell and convey the lands so authorized to be purchased for the last-mentioned purposes. And to sell such 164. It shall be lawful for the Company to sell any land acquired by chase others"" them under the provisions of the last preceding section or any part thereof in such manner and for such consideration and to such persons as the Company may think fit and to purchase other lands for the like purposes and to sell the same and so from time to time Provided that the aggregate amount of land to be held at any one time by the Com- pany for the said purposes shall not exceed fifteen hundred acres. Incorporation oi 165. The following sections of the Act of Council twenty-second ments in Victoria number nineteen intituled An Act to make more effectual EaUw Act provision for the construction by the Government of railways in the Colony of New South Wales and for the regulation of the same save BO far as they shall be expressly varied by this Act shall be and the same are hereby incorporated with this Act and shall save as aforesaid form part of and be construed together with this Act (that is to say)— With regard to the mode of settling amounts of compensation for land authorized to be taken or purchased by this Act or for any damage sustained by reason of the execution of works author- ized by this Act And with regard to the provisions subsidiary thereto sections twenty-four to forty-five both inclusive and sections forty-seven to fifty-six both inclusive Provided that in the sections so incorporated the word " Commissioner" or " Commissioner for Railways" shall in every case be read as Company or as the " Deniliquin and Moama Railway Com- pany" as the case may require — the words " this Act" shall be read as " this present Act" and not to the Act of Council twenty-second Victoria number nineteen The words " the railway" and " any railway" and all words of the like import shall be read as " the railway authorized by this Act" — the words "under his hand and official seal" shall be read as " under the common seal of the Company" — the words an Act intituled An Act to make more effectual provision for the construction by the Grovernment of railways in the Colony of New South Wales and for the regulation of such railways shall be read as the " Deniliquin and Moama Eailway Act of 1S73" — the words in the forty-seventh section so incorpo- rated " or of Grovernment debentures or other stock" shall be omitted and the power of investment conferred on the Master of Equity in the forty-eighth section shall iuclude a power of investment of the moneys referred to in the said section in the purchase of shares in the Company hereby incorporated. DENILIQUIN AND MOAMA EAILWAT. 391 166. In all cases where eompensation shall he determined under this 37 Victoria. Act and the enactments herewith incorporated the directors shall within compaBy to pay fourteen days after the next half-yearly meeting of the Company after ^jSitaTourteen the determination of such compensation and after demand made pay day? after next the amount thereof to the party lawfully entitled thereto or to his Jji*eeungf^ agent duly authorized in his behalf. 167. All conyeyances of lands to he purchased or taken under the Form o( con- provisions of this Act may be according to the form in Schedule H '^"'y'^^"^- hereto or in any other form which the Company may think iit and all such conveyances shall vest the lands thereby conveyed in the Company and shall bar and destroy all estates tail and other estates rights titles remainders reservations limitations trusts and interests whatsoever of and in the lands comprised in such conveyance which shall have been purchased or compensated for by the consideration therein mentioned and provided always that after any lands which the Company are by But lands to vest this Act authorized to take shall have been ascertained set out and '"hen'taken. appropriated for the purposes of this Act such lands and all the right title estate use trust and interest of every person therein shall forth- with subject to the proviso for defeasance hereinbefore contained be vested in and become the sole property of the Company for ever for the purposes of this Act and it shall not be necessary for the Company to obtain a conveyance from the owner of or any person interested in such lands And the costs of all such conveyances shall be borne by costs to be paid the Company and such costs shall include all charges and expenses of ^^ Company, what kind and nature soever incurred on the part of the seller as well as the purchaser in that behalf But if the Company and the party Costs may he entitled to any such costs shall not agree as to the amount thereof such ^'^ ' costs shall be taxed by the Master in Equity or other proper officer of the Supreme Court upon the application of either party and the Com- pany shall pay what the said Master or other officer shall certify to be due in respect of such costs to the party entitled thereto or in default thereof it shall be lawful for any Judge of the Supreme Court to make an order for the payment of the same and the said costs may be reco- vered in the same way as any other costs payable under an order of the said Court or a Judge thereof and the expense of taxing such costs shall be borne by the Company. 168. Before the Company shall use any lands for any of the pur- Company to poses aforesaid they shall separate the same by a cattle and sheep laSds." ' """ proof fence from the lands adjoining thereto with such gates of the like character as may be required for the convenient occupation of such lands and shall also to all private roads used by them as aforesaid put up fences and gates in the like manner in all cases where the same may be necessary to prevent the straying of cattle or sheep from or upon the lands traversed by such roads and in case of any difference between the owners or occupiers of such roads and lands and the Company as to the necessity of such fences and gates such fences and gates shall be put up by the Company as any two Justices of the Peace shall deem necessary for the purpose aforesaid on application being made to them. 169. If the line of the railway cross any public highway or parish Crossing of road then either such road shall be carried over the raUway or the rail- '■°*'^^- way shall be carried over such road by means of a bridge of the height and width and with the ascent or descent by this Act in that behalf provided and such bridge with the immediate approaches and all other necessary works connected therewith shall be executed and at all times 392 DENILIQUIN AND MOAMA EAILWAT. 37 Victoria, thereafter maintained at the expense of the Company Provided always that with the consent of two or more Justices in Petty Sessions it shall be lawful for the Company to carry the railway across any highway on the level. Provisions in 170. If the railway cross any public highway or parish road on a roads Trecrossed level the Company shall erect and at all times maintain good and suffi- on a level. cient gates across such road on each side of the railway where the same shall communicate therewith and shall employ proper persons to open and shut such gates and such gates shall be kept constantly closed across such roads on both sides of the railway except during the time when horses cattle sheep carts or carriages passing along the same shall have to cross such railway and such gates shall be of such dimensions and so constructed as when closed to fence in the railway and prevent cattle sheep or horses passing along the road from entering upon the railway and the person entrusted with the care of such gates shall cause the same to be closed as soon as such horses cattle sheep carts or car- riages shall have passed through the same under a penalty of forty shillings for every default therein Provided always that it shall be lawful for the Commissioner for Railways in any case in which he is satisfied that it wiU be more conducive to the public safety that the gates on any level crossing over any such road should be kept so closed across the railway to order that such gates shall be kept so closed instead of across the road and in such case such gates shall be kept constantly closed across the railway except when engines or carriages passing along the railway shall have occasion to cross such road in the same manner and under the like penalty as above directed with respect to the gates being kept closed across the road. 171. In case of accidents or slips happening or being apprehended to the cuttings embankments or other works of the said railway it shall be lawful for the Company and their workmen and servants to enter upon the land adjoining thereto at any time whatsoever for the purpose of repairing or preventing such accidents and to do such works as may be necessary for the purjjose but in every such case the Company shall within forty-eight hours after such entry make a report to the Com- missioner for Railways specifying the nature of such accident or appre- hended accident and of the works necessary to be done and such powers shall cease and determine if the said Commissioner shall after con- sidering the said report certify that their exercise is not necessary for the public safety Provided also that such works shall be as little in- jurious to the said adjoining lands as the nature of the accident or apprehended accident will admit of and shall be executed with all possible despatch and full compensation shall be made to the owners and occupiers of such lands for the loss or injury or inconvenience sustained by them respectively by reason of such works the amount of which compensation in case of any dispute about the same shall be settled in the same manner as cases of disputed compensation in other cases under this Act and provided also that no land shall be taken permanently for any such works otherwise than is herein provided with respect to the lands originally taken for the purpose of making the said railway. 172. The Company shall make and at all times thereafter maintain the following works for the accommodation of the owners and occupiers of land adjoining the railway (that is to say) — Power for rail- way companies to enter upon adjoining lands to repair acci- dents subject to certain res- trictions. Works for benefit of owners. DENILIQUIN AND MOAMA EAILWAT. 393 Such and so many convenient gates bridges arches culverts and 37 Victoria. passages over under or by the sides of or leading to or from oatea bridges the railway as shall be necessary for the purpose of making *"'• good any interruptions caused by the railway to the use of the lands through which the railway shall be made and such works shall be made forthwith after the part of the railway passing over such lands shall have been laid out or formed or during the formation thereof. Also sufficient posts rails hedges ditches mounds or other fences Fences. for separating the land taken for the use of the railway from the adjoining lands not taken afid protecting such land from trespass or the cattle or sheep of the owners or occupiers thereof from straying thereon by reason of the railway together with all necessary gates made to open towards such adjoining lands and not towards the railway and all necessary stiles and such posts rails and other fences shall be made forthwith after the taking of any such lands if the owners thereof shall so require and the said other works as soon as conveniently may be. Also all necessary arches tunnels culverts drains or other passages Drains, either over or under or by the sides of the railway of such dimensions as will be sufficient at all times to convey the water as clearly from the lands lying near or affected by the railway as before the making of the railway or as nearly so as may be and such works shall be made from time to time as the railway works proceed. Provided always that the Company shall not be required to make such accommodation works in such a manner as would prevent or obstruct the working or using of the railway nor to make any accommodation works with respect to which the owners and occupiers of the lands shall have agreed to receive and shall have been paid compensation. 173. Every bridge to be erected for the purpose of carrying the Bridgea how to railway over any road shall be built in conformity with the following over'anvro^'' regulations namely : — The width of the arch shall be such as to leave thereunder a clear space of not less than thirty feet if the arch be over a public highway and of twenty feet if over a parish road and of twelve feet if over a private road. The clear height of the arch from the surface of the road shall be not less than sixteen feet for a space of twelve feet if the arch be over a turnpike road and fifteen feet for a space of ten feet if over a public carriage road and in each of such cases the clear height at the spriuging of the arch shall not be less than twelve feet the clear height of the arch for a space of nine feet shall not be less than fourteen feet over a private z'oad. The descent made in the road in order to carry the same under the bridge shall not be more than one foot in thirty feet if the bridge be over a public highway one foot in twenty if over a parish road and/ one foot in sixteen if over a private road not being a tramroad or if the same be a tramroad or railroad the descent shall not be greater than the ruling gradient of such tramroad or railroad. 394j deniliqtjin and moama eailwat. 37 VicTOKiA. And every bridge erected for carrying any road over the railway shall The like over be built in conformity with the following regulations that is to say : — ™™^' There shall be a good and sufficient fence on each side of the bridge of not less height than four feet and on each side of the immediate approaches of such bridge not less than three feet The road over the bridge shall have a clear space between the fences thereof of thirty-five feet if the road be a public highway and twenty-five feet if a parish road and twelve feet if a private road The ascent shall not be more than one foot in thirty feet if the road be a turnpike road one foot in twenty feet if a parish road and one foot in sixteen feet if a private road not being a tramroad or railroad or if the same be a tramroad or railroad the ascent shall not be greater than the ruling gradient of such tramroad or railroad. Width of bridges 174. Provided always that in all cases where the average available thMe°'f*KS'^ width for the passing of carriages of any existing road within fifty yards of the point of crossing the same is less than the width herein- before prescribed for bridges over or under the railway the width of the bridges need not be greater than such average available width of such roads but so nevertheless that such bridges be not of less width in case of a public highway or parish road than twenty feet Provided also that if at any time after the construction of the railway the average available width of any such road shall be increased beyond the width of such bridge on either side thereof the Company shall be bound at their own expense to increase the width of the said bridge to such extent as they may be required by the trustees or surveyors of such road not exceeding the width of such road as so widened or the maximum width herein prescribed for a bridge in the like case over or Existing inciina- Under the railway Provided also that if the mesne inclination of any neednot™e^^ road within two hundred and fifty yards of the point of crossing the improved. same or the inclination of any such portion of any road as may be required to be altered or for which another road shall be substituted shall be steeper than the inclination hereinbefore required to be pre- served by the Company then the Company may carry any such road over or under the railway or may construct such altered or substituted road at an inclination not steeper than the said mesne inclination of the road so to be crossed or of the road so requiring to be altered or for which another road shall be substituted. Tolls allowed. 175. Ill Consideration of the great charges and expenses which the Company must necessarily incur in making and maintaining the rail- way and other works hereby authorized to be made it shall be lawful for the Company from time to time and at all times hereafter to demand take receive and recover to and for the use and benefit of the Company a toU for and in respect of all passengers goods and property of every description which shall be conveyed or transported upon such railway or any branch thereof or in the carriages or vessels connected therewith as aforesaid at such rates per mile as shall be established from time to time by the directors not exceeding — Por each passenger by the first-class of carriage fourpence by the second-class of carriage twopence half -penny. Nor the carriage per truck per mile of horses cattle calves and pigs sixpence. DENILIQUm AND MOAMA EAILWAT. 395 For the carriage of sheep the whole distance fourpence per head 37 Victoria. Carrying from ninety to a hundred eightpence per truck per mile. For the carriage of every dog one penny per mile provided that the minimum charge for any dog shall he one shilling. For the carriage of wool for the whole distance three shilUngs per hale. For the carriage of general goods — • First-class — Fivepence per ton per mile. Second-class — Sixpence per ton per mile. Third-class — Sevenpence per ton per mUe. Fourth-class — Ninepence per ton per mile. 176. The Postmaster-G-eneral of the Colony acting on hehalf of the Public mails. Grovernment may from time to time by notice in writing under his hand delivered to the Company require that the mails or post letter bags with the guards in charge thereof employed by him shall after a day to be named in such notice (being not less than twenty-eight days from the delivery thereof) be conveyed and forwarded by the Company on their railway either on the ordinary trains or by special trains at such times during the regular traffic hours of the Company as he may direct And thereupon the Company shall from and after the day named in such notice at their own costs provide sufficient carriages and engiues on the said railway for the conveyance of such mails and post letter bags to the satisfaction of the Postmaster-G-eneral and shall receive and convey by such ordinary or special trains all such mails and post letter bags as are for that purpose from time to time tendered to the Company or any of their officers or servants by any officer of the Post Office and shall receive and convey in and upon the carriages conveying such maUs or post letter bags the guards hx charge thereof and any other officer of the Post Office and shall receive deliver and leave such mails post letter bags guards and officers at such places on the line of railway on such days and at such times during the appointed hour of traffic and subject to all such reasonable regulations and restrictions as to the speed of travelling places and times of stoppages and of arrival as the Postmaster-G-eneral shall appoint Pro-vided always that the rate of speed so to be required shall in no case exceed the maximum rate of speed prescribed by the directors for the con- veyance of passengers by their first-class trains And the Company shall not be responsible for the safe custody or delivery of any mails or post letter bags so sent. 177. The Company shall be entitled to such reasonable remuneration compensation to be paid by the Postmaster-G-eneral for the conveyance of such maUs mails to'Sffixed post letter bags mail guards and other officers of the Post Office in ty agreement or manner required by such Postmaster-G-eneral or by such other officer ^"^ ' ^ '°"' of the Post Office as he shall in that behalf nominate as aforesaid as shall (either prior to or after the commencement of such service) be fixed and agreed on between the Postmaster-G-eneral and the Company or in case of difference of opinion between them the same shall be referred to the award of two persons one to be named by the Post- master-G-eneral and the other by the Company and if such two persons cannot agree on the amount of remuneration or compensation then to umpirage of some third person to be appointed by such two first- named persons previously to their entering upon the inquiry and the 896 DENILIQIJIN AND MOAMA EAILWAT. Nomination of arbitrators and umpires. Obligation to permit a line of electric tele- graph to be laid down by Govern- ment. 37 ViCTOEiA. said award or umpirage as the case may be shall be binding and con- clusive on the said parties and their respective successors and assigns. 178. In all references to be made under the authority of this Act the Postmaster- Q-eneral or the said Company as the case may be shall nominate his or their arbitrator within fourteen days after notice from the other party or in default it shall be lavrful for the arbitrator appointed by the party giving notice to name the other arbitrator and such arbitrators shall proceed forthwith in the reference and make their award therein within twenty-eight days after their appointment or otherwise the matter shall be left to be determined by the umpire and if such umpire shall refuse or neglect to proceed and make his award for the space of twenty-eight days after the matter shall have been referred to him then a new umpire shall be appointed by the two first-named arbitrators who shall in like manner proceed and make his award within twenty-eight days or in default be superseded and so on toties quoties. 179. The Company on being required so to do by the Government shall be bound to allow every person or persons duly authorized in that behalf with servants and workmen at all reasonable times to enter into or upon the lands of the Company and to establish and lay down upon such lands adjoining the line of the said railway or any branches thereof or line of Electric Telegraph for Her Majesty's service and to give to him and them every reasonable facility for laying down the same and for using the same for the purpose of receiving and sending messages on Her Majesty's service subject to such reasonable remuneration to the Company as may be agreed upon between the Company and the Grovernment or in case of disagreement as may be settled by arbitration as aforesaid Provided always that subject to a prior right of use thereof for the purposes of Her Majesty's service such telegraph may be used by the Company for the purposes of the railway upon such terms as may be agreed upon between the parties or in the event of a difference as may be settled by arbitration as aforesaid. 180. Whenever it shall be necessary for the public service that any of the officers soldiers or seamen of Her Majesty's military or naval forces or of the Colonial Permanent Eorce or of any Colonial Volunteeer or Militia Porce or members of the Police Porce or any persons in the employment of the Grovernment and then in the actual discharge of some public duty shall travel by or use the said railway the Company shaU and are hereby required to permit such forces respectively with their baggage stores arms ammunition and other necessaries and things on the production of a route or order for their conveyance signed by the proper authority to be conveyed at the usual hours of starting at such prices or upon such conditions as may from time to time be con- tracted for between the Colonial Secretary or any officer duly authorized for that purpose and the Company. 181. It shall be lawful for the G-ovemor with the advice aforesaid ' subject to the provisions hereinafter contained at any time after the expiration of the term of twenty-one years from the passing of this Act to purchase the said railways and other works with all its hereditaments stock and appurtenances upon giving to the Company three calendar months notice in writing of such intention and upon payment of a sum equal to twenty-five years purchase of the annual divisible profits estimated on the average of the seven then next preceding years Troops to be conveyed. Right of pur- chasing the rail- way and its appurtenances reserved to the Government. DENILIQUIN AND MOAMA EAILWAT. 397 Provided that if the average rate of profits for the said seven years 37 Victoria. shall be less than the rate of fifteen pounds in the hundred it shall be proviso for lawful for the Company if they shall be of opinion that the said rate arfitraJio^ of twenty-five years purchase of the said average profits is an inadequate rate of purchase of such railways and other works and property refer- ence being had to the prospects thereof to require that it shall be left to arbitration in case of difference to determine what (if any) additional amount of purchase money shall be paid to the Company Provided also that such option of purchase shall not be exercised except with the consent of the Company while any such reduced scale of tolls fares and charges as aforesaid shall be in force. 182. It shall be lawful for the Company upon a resolution made by Power to lease three-fourths of the shareholders present in person or by proxy at any ™i™ys&c. general meeting to lease the railways and other works of the Company or any part thereof to any Company or person upon and subject to all the usual and proper obligations on the part of the lessee for main- taining the railways or other works or the portion thereof comprised in such lease in good and efficient repair and working condition during the continuance thereof and for so leasing the same at the expiration of the term thereby granted and such other provisions conditions obliga- tions and agreements as are usually inserted in leases of a like nature. 183. Every such lease shall entitle the Company or person to whom Effect of lease the same shall be granted to the free use of the railway or portion of &^"toYessee°"'^' railway and other works comprised therein and during the continuance of any such lease all the powers and privileges granted to or which might otherwise be exercised and enjoyed by the Company hereby incor- porated or the directors thereof or their officers agents or servants by virtue of this Act with regard to the possession enjoyment and manage- ment of the railways or part thereof or other works comprised in such lease and the tolls to be taken thereon shall be exercised and enjoyed by the said lessee and the officers agents and servants of such lessee under the same regulations and restrictions as are hereby imposed on the Company hereby incorporated and their directors officers and ser- vants and such lessee shall with respect to railway or other work com- prised in such lease be subject to all the obligations by this Act im- posed on the Company hereby incorporated. 184. It shall be lawful for the Company upon a Hke resolution as power to seii last aforesaid to sell the railway and works of the Company or any part ^^^^^ ^^^ thereof to any person or Company and to convey the same (when a deed shall be necessary) by deed under their common seal and such deed so executed shall 'be effectual to vest the land comprised therein to the purchaser thereof for the estate which shall have been so purchased And a receipt under the common seal of the Company hereby incorpor- ated shall be a sufficient discharge to the purchase of any such land for the purchase money therein expressed to be received. 185. Whensoever any railway the property of the Grovemment of when oovem- New South "Wales shall be connected with or reach any point of the line "e^aJop'ted! '" of railway authorized by this Act the Company shall at their own cost within six months after notification by the Q-overnment to the said Company of the fact of such connection adopt and maintain upon and throughout the line of railways so authorized the gauge mentioned in such notification And if within twelve months after the delivery of such notification the Company shall not have completed the works necessary 398 DENILIQTJIlSr AND MOAMA RAILWAY. Power to use bridge over the Murray. Penalty on per- sons obstructing free course of railway. 37 VioTOKiA. in consequence of such adoption of gauge througliout tteir line of rail- way the said railway and all the works stations stock and plant con- nected therewith shall be forfeited to Her Majesty. 186. "Upon the completion of any bridge across the Eirer Murray constructed by the GrOTernment of New South Wales whether solely or in conjunction with that of Victoria and the connection therewith of the line of railway authorized by this Act it shall be lawful for the Com- pany to carry their railway across such bridge subject to such condi- tions and stipulations as the sole or conjoint Grovernment or GrOTern- ments may prescribe in that behalf. 187. If any person shall throw any gravel stones or rubbish or any matter or thing upon any part of the railway to be made by virtue of this Act or shall drive or permit to wander stray or be driven upon any such railway or the approaches thereto any horse ass sheep swine or other beast or cattle of any kind or shall wilfully obstruct hinder or prevent any person in the execution of this Act or shall do any other act matter or thing to obstruct the free passage of any such railway or any part thereof every person so offending in any of the cases aforesaid shall forfeit and pay to the Company for every such ofEence any sum not exceeding ten pounds and such penalty may be recovered before any two Justices of the Peace on complaint to them for that purpose ex- hibited by any person on behalf of the said Company. 188. Every person who shall wilfully do or cause to be done any- thing in such manner as to obstruct any engine or carriage using the said railway and to endanger the safety of persons conveyed in or upon the same shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court before which he shall have been convicted to be imprisoned with or without hard labour for any term not exceeding two years. 189. If any person shall wilfully or maliciously and to the prejudice of the Company break injure damage throw down destroy steal carry or take away any part of the railway or other works to be made by virtue of this Act every such person shall be judged guilty of felony and every person so offending and being thereof lawfully convicted shall be liable at the discretion of the Court to be sentenced to hard labour on the roads or other public works of this Colony for any term not exceeding fifteen years nor less than three years or to be imprisoned with or without hard labour in any gaol or house of correction for any period not exceeding three years. 190. It shall be lawful for any officer or agent of the Company or for any special constable duly appointed and all such persons as they may call to their assistance to seize and detain any engine-driver wag- gon-driver guard porter servant or other person employed by the Company or by any other Company or person in conducting traffic upon the railway belonging to the Company or in repairing and maintaining the works of the said railway who shaU be found drunk whilst so em- ployed upon the said railway or who shall commit any offence against any of the regulations or by-laws of the Company or who shall wilfully maliciously or negligently do or omit to do any act whereby the life or limb of any person passing along or being upon such railway or the works thereof respectively shall be or might be injured or endangered or whereby the passage of any engine carriage or trains shall be or might be obstructed or impeded and to convey such engine-driver guard Punishment of persons obstructinff rail- way so as to endanger safety of persons con- veyed. Punishment for destroying works &c. Punishment of persons employed on railway guilty of misconduct. DENILIQUIN AND MOAMA EAILWAT. 399 porter servant or other person so offending or any person counselling 37 Victoeia. aiding or assisting in such offence with all convenient dispatch before some Justice of the Peace without any other warrant or authority than this Act and every such person so offending and every person counsel- ling aiding or assisting therein as aforesaid shall upon conviction before such Justice (upon a complaint without information in writing) in the discretion of such Justice be imprisoned with or without hard labour for any term not exceeding two months or shall in the like discretion forfeit any sum not exceeding ten pounds and in default of payment thereof shall be imprisoned with or without hard labour for such period not exceeding two months as such Justice shall appoint unless the penalty be sooner paid. 191. If any person shall wilfully obstructor impede any oiScer or Penalty for agent of the Company in the execution of his duty upon any railway officera of tte'^ or upon or in any of the stations or other works or premises connected said Company or or if any person shall wilfully trespass upon any such railway or any aify railway^''™ of the stations or other works or premises connected therewith and shall refuse to quit the same upon request made to him by any officer or agent of the Company every such person so offending and all others aiding or assisting therein shall and may be seized and detained by any such officer or agent or any person whom he may call to his assistance until such offenders can be conveniently taken before some Justice of the Peace in the district or place wherein such offence shall be com- mitted and upon conviction of such offence before any two Justices of the Peace he shall in the discretion of such Justices forfeit to the Company any sum not exceeding five pounds. 192. No action or suit at law or in equity shall be brought or pro- No action to be secuted against the Company or any of its officers or members for any thSJdone'by'''" act matter or thing done under the authority of this Act unless such autiiority of tiiis suit or action shall be commenced within six months next after the wftWnSx offence shall have been committed or cause of action accrued and notice months after in writing of such action and the cause thereof shall be given to the ot action. defendant one calendar month at least before the commencement of the action and the defendant or defendants in every such action may plead the general issue and give this Act and the special matter in evidence at any trial to be had thereupon. 193. The receipt of the guardian of any minor or that of the com- Receipts of mittee of any idiot or lunatic shall be a sufficient discharge to the "unatioa!'"'* Company for any money payable from the said Company to any such minor idiot or lunatic. 194. The directors shall have the custody of the common seal and custody ana use the form thereof and all other matters relating thereto shall from time of corporate seal, to time be determined at meetings of directors and the directors present at any such meeting shall have power to use the common seal for the affairs and concerns of the Company and under such seal to authorize and empower any person without such seal to execute any deed to do all or any other such matters and things as may be required to be executed and done in behalf of the Company but it shall not be neces- sary to use the corporate seal in respect of any of the ordinary business of the Company or for the appointment of any attorney or solicitor for the prosecution of any action suit or other proceedings or of any officer or servant of the Company and such seal may be affixed to any deed or document by the hand of any person whom the directors shall appoint 400 37 Victoria. Proviaions for dissolution of Company sales of effects or amalgamation with another Company. DENILIQUIN AND MOAMA EAILWAT. in that behalf and the affixing thereof shall be attested by one director and such person so appointed and in case any conTeyance or other instrument under seal shall be executed wherein it appears that such conveyance or other instrument is executed in consideration of a money payment therein stated to have been made to the Company such execu- tion shall have no operation in law or shall operate only as an escrow (according as may be indicated in the attestation aforesaid) until the treasurer or other officer charged with the receipt of moneys on behalf of the Company shall have certified under his hand at the foot thereof that such consideration money has been duly paid. 195. In case a majority of proprietors present in person or by proxy at any general meeting shall resolve that it is expedient to dissolve the Company and to sell or dispose of the railway and other property works and effects of the Company or to amalgamate the said Company with any other Company and to transfer such railway and other pro- perty works and effects to the amalgamated Company an extraordinary general meeting shall be called for the purpose of reconsidering such resolution and of affirming or disaffirming the same and if at such last- mentioned meeting the same or any modification thereof substantially in accordance therewith shall be adopted by a resolution agreed to by proprietors present in person or by proxy holding three-fourths of the votes of the Company then such dissolution sale amalgamation or transfer shall take place or be made accordingly Provided always that until all necessary arrangements shall be made by the directors (who are hereby empowered to make the same) for carrying such last-men- tioned resolution into complete effect and until all claims and demands upon the Company shall have been satisfied and all acts remaining to be done by the Company shall have been completed the several pro- visions herein contained and all powers privileges rights and duties of the directors and of the shareholders respectively shall notwithstanding such resolution as last aforesaid remain and continue in full force so far as the same may be necessary for winding up the concerns of the Company and making all such necessary arrangements for carrying such resolution into complete effect and for enabling the directors to pay and satisfy all claims and demands upon the Company or to make a division amongst the shareholders of the remaining assets of the Company. SCHEDULES. Form of Debenture. New South Wales. The Deniliquin and Moama Railway Company. Transferable by delivery. No. (Under the authority of the "Deniliquin and Moama Railway Company's Act of 1873.") This Debenture entitles the bearer to the sum of one hundred pounds sterling on the day of with interest thereon at the rate of pounds per centum per annum payable half-yearly on the day of and the day of in every year as per dividend coupons annexed which principal sum and interest are hereby charged and secured on the undertaking of the said Company and on all tolls receivable under or by virtue of the said Act and are payable at the offices of the said Company in or (at the option of the bearer signified in writing to the said Company and provided that a memorandum to that effect be endorsed hereon by the secretary or other DENILIQUIN AND MOAMA EAILWAT. 401 officer appointed by the said Company for that purpose) at the office of the said 37 Victoria. Company in Melbourne or And the bearer may from time to time alter the place of payment from to or vice versd on giving at the office of the said Company where this debenture shall for the time being be payable six calendar months notice in writing terminating on some half-yearly day of payment of interest of his wish to make such alteration and obtaining a memorandum of such alteration to be endorsed hereon by the secretary or other such officer as aforesaid. Given under the common seal of the Company at aforesaid this day of B. Form of Certificate of Shares. The Deniliquin and Moama Railway Company. No. This is to certify that of is the proprietor of the share numbered^ of the Deniliquin and Moama Railway Company subject to the provisions of the said Company's Act. Given under the common seal of the Company this day of C. Form of Transfer of Shares. I of in consideration of the sum of paid to me by of do hereby transfer to the said share numbered in the Deniliquin and Moama Railway Company standing in my name in the books of the Company to hold unto the said his executors administrators and assigns (or successors or assigns) subject to the several conditions on which I held the same at the time of the execution hereof And I the said do hereby agree to take the said share subject to the same conditions. As witness our hands and seals the day of D. Form of Mortgage Deed. The Deniliquin and Moama Railway Company. Mortgage No. £ By virtue of the "Deniliquin and Moama Railway Company's Act of 1873" intituled We the Deniliquin and Moama Railway Company in consideration of the sum of pounds paid to us by of do assign unto the said his executors administrators and assigns the railway and plant and other property of the said Company [and (in case such loan shall be in antici- pation of the capital authorized to be raised) all future calls on shareholders] and all the tolls and sums of money arising by virtue of the said Act And all the estate right title and interest of the Company in the same To hold unto the said his executors administrators and assigns until the said sum of pounds together with interest for the same at the rate of per centum per annum be satisfied [the principal sum to be repaid at the end of years from the date hereof (in case any period be agreed on for that purpose) at (or any place of payment other than the principal office of the Company) ] Given under our common seal this day of in the year E. Form of Bond. The Deniliquin and Moama Railway Company. Bond No. £ By virtue of the " Deniliquin and Moama Railway Company's Act of 1873 " in- tituled (insert title) we the Deniliquin and Moama Railway Company in con- sideration of the sum of pounds to us in hand paid by (A.B.) of his executors administrators and assigns in the penal sum of pounds The condition of the above obligation is such that if the said Company 2c ;4,0'2 DENILIQUIlSr AND MOAMA EAILWAT. 37 Victoria, shall pay to the said (A.B.) his heirs exeo-utors administrators or assigns [at (in case any other place of payment than the principal office of the Company be intended) ] on the day of the principal sum of pounds together with interest thereon at the rate of pounds per centum per annum payable half-yearly on the day of and day of then the above written obligation is to become void otherwise to remain in full force. Given under our common seal this day of F. Form of Transfer of Mortgage. I of in consideration of the sum of paid to me by of do hereby transfer to the said his executors administrators and' assigns a certain mortgage number made by the Deniliquin and Moama Railway Company to bearing date the day of for securing the sum of and interest (or if such transfer be by indorsement the within security) and all my right estate and interest in and to the money thereby secured and in and to the tolls money and property thereby assigned. In witness whereof I have hereunto set my hand and seal this day of one thousand eight hundred and G. Form of Proxy. I one of the proprietors of the Deniliquin and Moama Railway Company do hereby appoint of to be my proxy in my absence to vote in my name upon any matter relating to the undertaking proposed at the meeting of proprietors to be held on the day of next or at any adjournment thereof in such manner as he shall think proper. In witness whereof I the said have hereunto set my hand (or if a corporation say the common seal of the corporation) the day of one thousand eight hundred and H. Form of Conveyance. I of in consideration of the sum of paid to me (or as the case may be into the hands of the Master in Equity of the Supreme Court or to of and of two trustees appointed to receive the same pursuant to the Act of Council passed to establish and incorporate the Company called the Deniliquin and Moama Railway Company by the said Deniliquin and Moama Railway Company) do hereby convey to the said Company their successors and assigns All &o. [describing the premises to be conveyed] together with all ways rights and appurtenances thereto belonging and all such estate right title and interest in and to the same as I am or shall become seized or possessed of or am by the said Act empowered to convey to hold the premises to the said Company their successors and assigns for ever according to the true intent and meaning of the said Act. In witness whereof I have hereunto set my hand and seal the day of in the year of our Lord 403 DENTON'S ESTATE LEASING AND MOETGAGING-. An Act to enable the Trustees of the will of the late 45 Victoria. Henry Denton to grant building and improving leases of certain lands devised by the said will and to borrow raoney by mortgage of such lands for the purpose of building upon and improving the same. [6 December, 1881.] WHEREAS Henry Denton late of Sydney gentleman deceased Preamble, duly made his last will dated the twenty-ninth day of June one thousand eight hundred and sixty and thereby appointed John Linsley and Thomas Hicts executors and trustees and also declared that Henry Hicks son of the said Thomas Hicks should be a trustee of his said will on attaining the age of twenty-one years and by his said will the testator gave and devised to his said trustees and their heirs a certain messuage and premises situated at the west side of Clarence- street in the city of Sydney also two houses situate ia Kent-street and the house in Market-street in which the testator then resided upon trust for the said Henry Hicks during his life and after his death to the use for such child or children of the said Henry Hicks as should be living at his decease or who having died should have left children him her or them surviving and if more than one in equal shares their heirs and assigns for ever as tenants in common But if there should be no child of the said Henry Hicks who should survive him or having died should have left issue him her or them surviving then the testator directed that the same should form part of his residuary estate And the testator also devised unto his said trustees and their heirs all that his messuage and premises situated at the north-west comer of Druitt and Clarence streets upon trust for Isabella Hicks during her life and after her death in like manner and subject to like limitations in favour of her child or children as in the property devised to the said Henry Hicks And by his said will the testator empowered the trustees or trustee for the time being of his said will to let any por- tion of his real estate from year to year or for any period not exceeding seven years for the best rent that could be obtained for the same and also to repair insure against loss or damage by fire and adjust com- pound and settle all claims with tenants to make such allowances as they might deem necessary and generally to manage his estate as they might deem most beneficial for the interest thereof And whereas the said testator died on the twenty-first day of November one thou- sand eight hundred and sixty without Laving altered or revoked his said wUl which was proved by the said John Linsley and Thomas Hicks on the fourteenth day of December one thousand eight hundred and sixty And whereas the said Isabella Hicks on the thirteenth day of June one thousand eight hundred and seventy-two intermarried with and is now the wife of G-eorge Robert Swyney And whereas the said Henry Hicks and John Linsley are the present trustees of the said will And whereas the said Henry Hicks and Isabella . Swyney have children living all of whom are iiiEants under the age 404 DENTON'S ESTATE. Power to grant building leases. 45 Victoria, of twenty-one years And wtereas the properties hereinbefore men- tioned and devised by the will of the testator are more particularly- described in the Schedule hereto And whereas the buildings upon the said lands are old and dilapidated and the rents received in respect of the same are very small and inadequate to the capital value of the said lands and the value of the said properties would be greatly enhanced either by granting building or improving leases of the said lands or by borrowing money upon mortgage of the said lands for the purpose of building upon and improving the same And whereas the said will contains no power to lease for more than seven years and no power to mortgage but it would be beneficial to all parties interested under the said will that such powers should be conferred upon the trustees thereof 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. It shall be lawful for the said Henry Hicks and John Linsley or other the trustees for the time being of the said will of the said Henry Denton hereinafter called the trustees by deed to grant leases of either the whole or any part or parts of the lands described in the Schedule hereto to any person or persons corporation or corporations who shall covenant to improve the lands so leased by erecting and building thereon any house or houses building or buildings and to repair and keep in repair all houses or buildings which shall be erected thereupon or by otherwise expending in improvement of the lands so leased such moneys as shall by the trustees granting or making such lease be deemed adequate for any term of years not exceeding thirty years from the date of the passing of this Act such leases to take effect in posses- sion and not in reversion or by way of future interest and so as there be reserved in every such lease the best yearly rent to be incident to the immediate reversion that the trustees granting such lease can reasonably obtain (having regard to the covenants entered into by the lessee) without taking anything in the nature of a fine premium or foregift and so that there be contained in every indenture of lease executed under this power all proper and usual covenants in leases of a like nature and a condition of re-entry for non-payment of rent within a reasonable time to be therein specified for non-observance or breach by the lessee of any of the covenants therein contained and so that the lessee do execute a counterpart thereof and be not by any express words therein made dispunishable for waste. 2. The rents received by the trustees in respect of any leases granted under the power hereinbefore conferred shall be paid and applied by them to the same persons and in the same manner as if such leases had been granted by them under the power of leasing contained in the said will. 3. It shall be lawful for the trustees from time to time to borrow and raise at interest any sum or sums of money not exceeding in the whole the sum of eleven thousand pounds with power to pay off any mortgage or mortgages and to re-borrow any sum or sums thereby secured or any less sum or sums provided that not more than eleven thousand pounds shall at any one time be due upon the security of the said lands for the purpose of building upon and improving the said lands or any part or parts thereof and to execute any mortgage or mortgages with or without power of sale of the said lands or any part Application of rents. Power to mort- gagee. DENTON'S ESTATE. 405 or parts thereof for securing payment of the sum or sums so borrowed 45 Victokia. and to give effectual receipts and discharges for the moneys advanced by any mortgagee and to do all such other acts as may be necessary or expedient for the purpose of effectuating such mortgage or mortgages Provided that no mortgagee advancing money upon the security of any mortgage purporting to be made under the power herein conferred shall be bound to inquire whether such money is required for the purposes aforesaid or in any way concerned to see to the application of such money when so advanced or be liable for the loss non-application or misapplication thereof Provided also that the declaration of the trustees that the sum secured by any mortgage does not with the other sums then due on the security of the said lands exceed the sum of eleven thousand pounds shall be sufficient evidence to the mortgagee under such mortgage of the fact therein stated. 4. The trustees shall out of the rents and profits of the lands com- Application of prised in any mortgage in each year set apart and retain one moiety or mor^ged! ' half part of such rents and profits and accumulate the same at interest and until the principal sum secured by such mortgage or any part there- of or the interest thereon shall be due under the provisions of such mortgage and shall apply the sums so set aside and the accumulations thereof in payment or part payment of such principal and interest so far as the same shall extend and shall pay and apply the balance of such rents and profits to the persons and in the manner to whom and in which the same would have been paid or appKed under the provisions of the said will in case no mortgage had been given. 5. This Act may be cited as " Denton's Estate Leasing and Mort- short title. gaging Act 1881." SCHEDULE. All that piece or parcel of land situate lying and being in the parish of Saint Andrew in the city of Sydney in the Colony of New South Wales Bounded on the south by the building-line in Market-street (commencing at lot three formerly occupied by Mr. Henry Denton being the west side of the wall of the house sepa- rating it from the said lot) bearing east sixteen degrees fifteen minutes north twenty-nine feet ten inches to lot five on the east by lot five being the east side of the wall of the house formerly occupied by Mr. J. Griffiths bearing north fourteen degrees eleven minutes west twenty-one feet to the north-west corner of the said dwelling-house and a prolongation of the same line six feet to the comer of the building lately occupied by Mr. J. Griffiths as a gig-house thence by the west side of that building to the end of »- passage and the west side of the stable lately occupied by Mr. J. Walker being a line bearing north twenty-three degrees west thirty feet to the back entrance leading from York-street to Clarence- street on the north by that back entrance bearing westerly twenty-six feet four and a half inches and on the west by lot three being a line bearing south fifteen degrees fifteen minutes east in part along the west side of a wall thirty- three feet four inches to the dwelling-house formerly occupied by Mr. J. Grilfiths aforesaid thence westerly four inches and thence southerly along the west side of the wall of the said dwelling-house twenty feet six inches more or less to the com- mencing comer at the buUding-line in Market-street. All that allotment or parcel of land in the territory of New South Wales con- taining by admeasurement twelve perches situate in the parish of Saint Andrew in the city of Sydney and county of Cumberland allotment number one of section number twenty -three and bounded on the east by Clarence-street bearing north fourteen degrees forty minutes west seventy-four links on the north by number two allotment bearing west fourteen degrees thirty minutes south one hundred and nine and a half links on the west by number twenty-three allotment bearing south fourteen degrees thirty minutes east seventy-five links and on the south by Druitt-street bearing east fifteen degrees twenty minutes north one hundred and 4!06 DILLON'S ESTATE. 45 ViCTOElA. ten links being the allotment advertised in the name of James Brodie deceased in the Government notice dated thirteenth day of April one thousand eight hundred and thirty-nine. All that piece or parcel of land containing by admeasurement eighteen and a half perches situate in the city of Sydney parish of Saint Andrew county of Cum- berland allotment number seven of section number twenty-eight bounded on the east by Clarence-street bearing north fifteen degrees thirty minutes west eighty- three links on the north by number six allotment bearing west sixteen degrees ' thirty minutes south one hundred and forty-two links on the west by number eight allotment bearing south fourteen degrees thirty minutes east seventy-six links and on the south by number nine allotment bearing east thirteen degrees thirty minutes north one hundred and forty-six links. All that piece or parcel of land situate in Kent-street in the city of Sydney parish of St. Andrew county of Cumberland Colony of New South Wales contain- ing by admeasurement three perches more or less Commencing in Kent-street at the south-west corner of Board's grant and bounded on the west by Kent-street being a line bearing southerly sixteen feet four inches more or less on the south by allotment number seven being a line bearing westerly fifty-seven feet more or less on the east by allotment number one being a lino bearing northerly sixteen feet four inches more or less and on the north by part of Board's grant being a line bearing westerly fifty-seven feet more or less to the point of commencement in Kent-street the said parcel of land being allotment number eight of the subdivision into allotments of allotment number nine of section number twenty-eight in the city of Sydney. All that piece or parcel of land situate in Kent-street Sydney parish of St. . Andrew county of Cumberland in the Colony of New South Wales containing by admeasurement five perches more or less Commencing in Kent-street at the soutt • west corner of allotment number eight being bounded on the west by Kent-streef being a line bearing southerly twenty-seven feet three inches more or less on the south by allotment number six being a line bearing easterly fifty-seven feet more or less on the east by parts of lots three and two being a line bearihg northerly twenty-seven feet three inches more or less and on the north by allotment number, eight being a line bearing westerly fifty-seven feet to the point of commencement in Kent-street such piece or parcel of land being allotment number seven of the subdivision into allotments of allotment number nine of section number twenty- eight city of Sydney. DILLON'S ESTATE. 48 Victoria. An Act to authorize the sale of certain land devised by Joseph Napoleon Dillon and to provide for the inr vestment and appropriation of the proceeds. [31 October, 1884.] Preamble. ~rTTI-IEE,EAS_ Joseph Napoleon Dillon late of Sydney V V being seized in fee of the land described in the Schedule hereto made and executed his last will bearing date the seventeenth day of December one thousand eight hundred and fifty-two in the words Recites will of following that is to say "This is the last will and testament of me Joseph Napoleon j^^^^^ Napoleon DiUon of Sydney in the Colony of New South "Wales gentleman being of sound and disposing mind memory and understand- ing give and bequeath unto my wife Mary Ann after payment of my debts and funeral expenses all my household furniture and effects of what nature and kind soever I give and devise to my son Joseph Napoleon Dillon all my right title and interest in. and to sixty acres of land at Cook's Eiver for the term of his natural life the rents and profits of the said land to be applied towards his maintenance and edu- cation until he shall arrive at the age of twenty-one years and after his Deviae of sixty acres. DILLON'S ESTATE. 407 death, tlie said land to go to Ms children if any in equal stares as 48 Victoria. tenants in common and in case lie shall die without issue then to my said wife if she shall surviye for her life and after her death to my own right heirs And I appoint my said wife executrix of this my wiU In testimony whereof I have hereunto set my hand and seal this seven- teenth day of December in the year of our Lord one thousand eight hundred and fifty -two And whereas the said Joseph Napoleon Dillon Death of testator departed this life on or about the twentieth day of May one thousand *"• eight hundred and fifty -five without having altered or revoked his said will and leaving his said wife and son him surviving And whereas the Certmcato ot land in the said will mentioned being the same as is described in the *'*'^ *^ '" ^°"- Schedule hereto has been brought under the provisions of the " Eeal Property Act" (twenty-sixth Victoria number nine) and its amending Acts and a certificate for an estate for life in respect thereof has issued in favour of Joseph Napoleon Dillon the younger being the son of the said testator mentioned in his said will And whereas the will contains no authority for the sale of the said land during the son's life And it wm gives no is impossible therefore without the aid of Parliament to sell the same or p°^°'^ °* ^*''' to demise it for a longer period than the life of the said son in conse- quence whereof the land cannot be advantageously cultivated and it remains unproductive of income And whereas it is important in the interests of all concerned having title whether in possession or pros- pectively therein that the whole legal estate in the said land should be vested in trustees to be appointed for the purpose and subject to the Expediency of provisions hereinafter expressed to sell the land and invest and apply tee^Xr sa^e'™^' the proceeds of sale as hereinafter directed Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and con- sent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows : — 1. After the passing of this Act the whole legal estate of and in the Vesting legal land devised by the aforesaid will shall for the purposes of this Act t|'g'^ ™ '™^" vest in G-erald Eoss Campbell of Sydney in the Colony aforesaid barris- ter-at-law and John MacDonald of the same place commission agent or other the trustees under this Act for the time being and their heirs and assigns and shall be divested out of every person who now is or would hereafter but for this Act become entitled thereto. 2. It shall be lawful for the said Grerald Eoss Campbell and John Power of sale. MacDonald (who hereinafter in this Act are included under the desig- nation of trustees) and for other the trustees for the time being under this Act at such time or times as they shall think fit to sell the said land or any part or parts thereof by public auction in one or in more lot or lots and with such rights-of-way if any over the same and in such manner generally and upon such terms and conditions as they shall deem expedient and for such price or prices as can reasonably be obtained for the same with power to buy in the land or lots offered for sale by auction and to vary or rescind any contract for sale either on terms or gratuitously and to resell without being responsible for any loss occasioned thereby and to convey the said land or the part or parts thereof sold to the purchaser or purchasers and his or their heirs and assigns or to such uses and in such manner as such purchaser or purchasers may direct and thereupon the said land or such part or parts thereof as shall be conveyed by the said trustees and the legal estate therein shall vest absolutely in the person or persons to whom the same 408 DILLON'S ESTATE. 48 Victoria. Power to give credit to pur- chasers &c. Receipts for x^ur- chase money. Proceeds how dealt with. Trusts of the unsold land. Proceeds to be dealt with as under 21 Victoria No. 7. Hemnneration. has or have heen so conveyed his or their heirs and assigns or shall remain to such uses and in such manner as aforesaid freed and dis- charged from the trust or trusts created by the said will or by this Act Provided that the trustees shall not thereby lose their lien on the land conveyed for so much of the purchase money as shall remain unpaid thereon. 3. It shall be lawful for the trustees for the time being to allow to any purchaser or purchasers credit for any number of years not exceed- ing fourteen years for the payment of so much of the purchase money as shall not exceed two-thirds of the whole upon such terms as to interest and otherwise as may by the trustees be deemed reasonable Provided that the land sold shall remain unconveyed or be otherwise rendered a security by mortgage with power of entry and sale and other usual provisions for payment of the purchase money remaining unpaid to- gether with the interest thereon until satisfied Provided further that notwithstanding any such security being taken the vendors lien for the purchase money shall not be thereby affected. 4. The receipt or receipts in writing of the trustees for the purchase money and interest thereon as to the whole or any part or parts of the land shall be full discharges to the purchaser or purchasers for the same and from all liability to see to the application thereof and from any liability for the loss non- application or misapplication of the same or any part thereof. 5. It shall be lawful for the trustees of this Act for the time being on the receipt of the proceeds of the sale of any property sold under the provisions of this Act to deduct the costs and expenses of and inci- dental to such sale and also so much of the costs and expenses of all parties of and incidental to the passing of this Act as shall be fairly chargeable to the parties interested in the property out of the sale of which such proceeds shall have arisen And the said trustees shall after deducting such costs and expenses of sale and costs of passing this Act as aforesaid pay the balance of the said proceeds within three months at the latest after the receipt thereof together with the rents if any received in respect of the same premises into the Supreme Court of New South "Wales in its equitable jurisdiction in the matter of the said will to an account to be entitled in the trusts of the said will. 6. The trustees for the time being shall stand seised of the said land until sold and conveyed as aforesaid or of such portions thereof as from time to time remain unsold in trust for such person or persons as but for this Act would be entitled for the time being to the same or to some estate or interest therein to the extent of such estate or interest respectively under the aforesaid will and subject to the pro- visions therein expressed concerning the same. 7. The Court shall have the same power to apply and deal with such moneys in every respect as if the same had been paid into Court under the Act passed in the twenty-first year of Her present Majesty's reign intituled An Act for better securing Trust Punds and for the relief of Trustees. 8. It shall be lawful for the Supreme Court in Equity from time to time to allow to the said trustees for the time being of this Act such commission or percentage as shall be just and reasonable for their pains or trouble in effectuating such sale or sales or otherwise in exer- cising the powers and performing the duties hereby conferred and imposed. DIOCESES OP SYDNEY AND NEWCASTLE. 409 9. Whenever either of the trustees herein named dies or goes to 48 Victoeia. reside out of New South Wales or desires to he discharged from or Power to appoiot refuses or hecomes incapable to act in the trusts created by this Act "^"^ truateea. before the same have been fully performed he shall be held to have vacated such trusts and thereupon the surviving or continuing trustee may by instrument in writing appoint a new trustee in the place of the trustee so vacating his office and as often as any new trustee is so appointed all the trust property then remaining unconveyed shall by virtue of such instrument become vested in the new trustee jointly with the surviving or continuing trustee and every new trustee ap- pointed as aforesaid shall have the same powers as if he had been originally named in this Act. 10. The trustees for the time being under this Act may make and Power as to alter any roads or streets over the said land as they shall deem ex- °"''^™s roads. pedient and also may erect make and alter any wall sewers drains or other works upon the said 'land which may in the discretion of the said trustees conduce to the improving or more advantageously selling the said land or any part thereof. The cost of any such works on the part of the trustees may be deducted by them as expenses incidental to the sale under this Act and for any of the purposes of this section the trustees for the time being may reserve and dedicate any ways either absolutely or conditionally any part or parts of the said land. 11. This Act may be cited as " Dillon's Estate Act of 1884." short title. THE SCHEDULE. All that piece of land situated on the Rocky Point Road in the parish of Saint George and county of Cumberland containing sixty-three acres fifteen perches or thereabouts Commencing on the eastern side of Kooky Point Road at its inter- section with Park-street and bounded thence on the west by that road bearing northerly twenty-two chains seven links to A. Kennerley's forty-two acres grant on the north by that grant bearing easterly twenty-two chains forty-seven links to a swamp on the north-east and on the north-west by lines along the margin of that swamp bearing south fifty-three degrees fifteen minutes east one chain ninety links south fifty degrees nineteen minutes east two chains ninety-three links south sixty-six degrees forty-five minutes east one chain four links and north eighty- seven degrees one minute east one chain eighty-eight links to Scarborough Park on the east by that park bearing southerly eighteen chains eighty links to Park-street aforesaid and on the south by that street bearing westerly twenty-nine chains fifty links to the point of commencement. DIOCESES OE SYDNEY AND NEWCASTLE LANDS INVESTMENT. An Act to remove doubts respecting the vesting of certain 22 Victobia. lands situated within the Dioceses of Sydney and Newcastle respectively which were formerly vested in the Bishop of Australia. [27 August, 1858.] WHEEEAS His late Majesty King William the Fourth did by Preamble, letters patent under the Great Seal of the United Kingdom of Great Britain and Ireland bearing date at Westminster the eighteenth day of January one thousand eight hundred and thirty-six in the tenth 410 DIOCESES OP SrDNET AND NEWCASTLE. 22 VicTOKiA. year of His reign erect found make ordain and constitute all the terri- tories and islands comprised witMn or dependent upon the Colonies of New South "Wales Van Diemen's Land and "Western Australia into a Bishop's See or Diocese and did declare and ordain that the same should be styled the Bishoprick of Australia and His said Majesty did by the said letters patent ordain make and constitute the Bishop thereby, appointed to be the Bishop and ordinary pastor of the said See of Aus- tralia to be a perpetual corporation and to have perpetual succession and that the said Bishop and his successors should be for ever there- after called by the name of " The Bishop of Australia" And whereas by virtue of certain powers of revocation contained in the said letters patent Her Majesty Queen "Victoria did with the concurrence of the said Bishop of Australia by letters patent bearing date the eighteenth day of August one thousand eight hundred and forty-two wholly separate divide and exempt the island of Van Diemen's Land and certain other portions of the said Diocese of Australia from the jurisdiction authority and Diocese of the said Bishop of Australia and his successors and did ordain make constitute and declare the same to be the Diocese of the Bishop of Tasmania And whereas Her Majesty Queen Victoria did by certain other letters patent under the G-reat Seal of the said United King- dom bearing date the twenty-fifth day of June one thousand eight hun- dred and forty-seven in which it was recited that it had been found expedient that the extent of the said Diocese of Australia should be still further reduced and that the same should be divided into four several and distinct Dioceses to be styled the Bishoprick of Sydney the Bishop- rick of Newcastle the Bishoprick of Adelaide and the Bishoprick of Melbourne revoke and determine the said letters patent made and passed in the sixth year of the reign of his said late Majesty King "William the Fourth to all intents and purposes save and except as to all acts matters or things which might have been done under the authority of the same and Her said Majesty did by the said letters patent erect found ordain and constitute all those parts or portions of the Colony of New South Wales known or called by the names of the counties of Wellington Eoxburgh Cook Cumberland Camden Westmoreland Greorgiana Bath- urst King Murray Argyle and Auckland with the territory to the west bounded by the parallel of latitude thirty-two degrees thirty minutes and the one hundred and forty-first degree of east longitude together with all those parts of the continent of Australia not comprised within the limits of any other See or Diocese to be a Bishop's See and Diocese and to be called from henceforth the Bishoprick of Sydney And whereas Her said Majesty did by certain other letters patent under the Great Seal of the said United Kingdom bearing date the said twenty-fifth day of June in the year one thousand eight hundred and forty-seven erect found ordain and constitute all those parts or portions of the said Colony of New South Wales known or called by the names of the counties of Northum.berland Hunter Durham Brisbane Phillip Bligh Gloucester Macquarie Stanley with the territory to the north and west bounded by the twenty -first parallel of latitude and the one hundred and forty-first degree of east longitude to be a Bishop's See and Diocese and to be called fi'omhenceforth the Bishoprick of Newcastle And whereas before the division of the said Diocese of Australia various lands situated within the respective Dioceses of Sydney and Newcastle as so constituted were devised granted conveyed or otherwise assured to the said Bishop of Australia either solely or jointly with other persons for religious and educational and other purposes within the said Diocese And whereas DET DOCK COMPANY. .|H doubts exist as to tte vesting of said lands And whereas it is expedi- 22 Victoeia. ent to remove such doubts and to vest the said lands in the Bishop of the Diocese in which the same are situated Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and con- sent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as foUows — ■ 1. AIL lands tenements and hereditaments situate within the limits of Lands situate the Bishoprick of Sydney which on the twenty- fifth day of June in the SJocese*of year one thousand eight hundred and forty-seven were vested in the Sydney formerly Bishop of Australia shall be and be deemed and taken to have been Kshop'of Aus- from that date vested in the Bishop of Sydney and his successors by faaUa to be whatever name he shall be called or known either solely or jointly Bishop of with the other persons associated with the said Bishop of Australia as Sydney. the case may be and shall be held by such Bishop and his successors either solely or jointly with such other persons upon and for the like trusts and purposes as the same were held by the said Bishop of Aus- tralia And all lands tenements and hereditaments situate within the Lands situate limits of the Bishoprick of Newcastle which on the said twenty-fifth day witiiin thf of June m the year one thousand eight hundred and forty-seven were castle formerly vested in the said Bishop of Australia shall be and be deemed to have B^gw'of'lus- been from that date vested in the Bishop of Newcastle and his succes- traiiatobe sors by whatever name he shall be called or known either solely or sls^op'of New- jointly with the other persons associated with the said Bishop of Aus- <»stie. tralia as the case may be and shall be held by such Bishop and his suc- cessors either solely or jointly with such other persons upon and for the like trusts and purposes as the same were held by the said Bishop of Australia. 2. And whereas doubts may arise respecting the powers rights and The words " the privileges of the said Bishops respectively under Acts of Council or fraUa'^to'm^ii Statutes in force in this Colony in which the Bishop of Australia is par- the Bishop of the ticularly mentioned Be it therefore enacted that in all Acts or Stat- i)foceses™ utes now in force in this Colony the Bishop of Australia shall be taken to mean the Bishop of either Diocese as the case may require and the Bishop of Sydney and the Bishop of Newcastle respectively shall have the same powers rights and privileges within their respective Dioceses as if such Bishops were expressly mentioned in such Acts. DRY DOCK COMPANY. An Act to incorporate the Sydney Dry Dock Company i7 Victoria. and for other purposes therein mentioned. [24s October, 1853.] WHEREAS a joint stock Company called the Sydney Dry Dock Preamble. 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 settlement bearing date the twenty-first day of September in the year of our Lord one thousand eight hundred and fifty-three purporting to be a deed of settlement of the said Company And whereas by the said deed of settlement the 412 DET DOCK COMPANY. 17 Victoria, several parties tliereto have respectively and mutually covenanted and agreed that they and such other persons as should become proprietors of shares in the said Company as therein provided should become a Com- pany under the name of the Sydney Dry Dock Company for making and maintaining within Port Jackson in the said Colony a dry dock or dry docks and slips capable of receiving vessels of all classes whether navigated by steam or otherwise and wherein and by means whereof such vessels may be inspected and repaired and for the repair of such vessels and for making and providing wharves yards and places for loading or unloading any such vessels and supplying the same with coals fresh water and all needful service stores and equipment and for the erection of warehouses storehouses sheds and other buildings for receiving and depositing goods and for the erection of offices workshops cranes weighing and other machines steam engines appliances and con- veniences necessary for the purpose of such dry docks slips wharves and warehouses and for the purchase and use of steam tugs to be em- ployed in connection with the said docks and otherwise in and about the said harbour of Port Jackson and it was by the said deed of settlement agreed that the capital of the said Company should consist of one hundred thousand pounds divided into fifty thousand shares of two pounds each or so much thereof as might from time to time be necessary and of such further sums not exceeding the sum of one hundred thousand pounds as might thereafter 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 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 of receiving the special powers hereinafter contained and it is expedient that the said Company should be incorporated accordingly with the powers and subject to the provisions hereinafter contained Be it there- fore 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 time or times hereafter shall or may in the manner provided by and subject to the rules regulations and provisions contained in the said deed of settlement become proprietors 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 Sydney Dry Dock 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 what- soever 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 and goods effects bills notes securities or other property of the said Company to be the money goods effects bills notes securities or other property of the said corporation and to designate the said Company by its corporate name whenever for the purpose of any allegation of an intent to defraud or otherwise howsoever such designa- tion shall be necessary and the said corporation shall have perpetual succession and a common seal which may be altered varied and changed from time to time at the pleasure of the said corporation. Company incor- porated. DEY DOCK COMPANY. 413 2. The several laws rules regulations clauses and agreements contained 17 Victoria. in the said deed of settlement or to be made under or by virtue or iu Deed of setue- pursuance thereof shall be deemed and considered to be and shall be S the°by-faw3 the by-laws for the time being of the said corporation save and except of the oorpora- 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 incompatible with or repugnant to any of the provisions of this Act or of any of the laws or statutes 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 thereof attested by three of the directors of the Com- pany shall be registered at the office for the registration of deeds at Sydney 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 to J^^jj^Jf ^ °' extend its capital by the creation allotment and disposal of new shares in the manner set forth and subject to the rules regulations and pro- visions contained in the said deed of settlement but so nevertheless that the total amount of capital shall not exceed two hundred thousand pounds. 4. The capital or joint stock and all the funds and property of the Capital and said corporation and the several shares therein and the profits and pereonaity.^ 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 trusts or P°'p?'J''°j" ""} equitable interests or demands affecting any shares of the capital stand- or equitable ing in the name of any person as the ostensible proprietor thereof or be jjjl' ghares*^^'' required to take any notice of such trusts or equitable interests or demands but the receipt 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 corpora- tion be a good valid and conclusive discharge to the corporation for or in respect of any dividend or other money payable by the said corporation in respect of such shares in accordance with the regulations 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 aforesaid be binding and conclusive as far as may concern the said corporation 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 corporation in respect of any such shares or the transfer thereafter of any such shares or to direct the payment of such dividends or other money 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. Subject to the power hereinafter reserved to the Governor with Smus coye with the advice of his Executive Council it shall be lawful for the said oftileGovernor AU DET DOCK COMPANY. and Executive Council may be converted into dodca. Survey to be made before commencement of works. Plan. Bool! of refer- ence. Power to enter upon lands to make survej-s 17 VioTOEiA. corporation and they are hereby authorized and empowered to make and construct one or more dry dock or docks and slips wharves yards and places for loading and unloading vessels warehouses storehouses sheds and other buildings works matters and conveniences for carryiag out the object of this Act in the cove or inlet known as Sirius Cove «vithin the said harbour of Port Jackson. 7. Before commencing any dry dock slip or works as aforesaid or any road to the same by this Act authorized to be made the said cor- poration shall by some qualified engineer to be by them appointed cause to be made proper surveys of the sites of such proposed dry docks slips and works connected therewith with a plan and sections of such dry docks slips and works and a map of the lands or other sites on which it is proposed the same should be constructed or through which any road to such docks slips and works shall be intended to pass 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 con- struct the said dry docks slips works and roads with a description specifying the positions of the said dry docks slips and works and setting forth the bearings of the said roads the nature and quality the state of cultivation the inclosures (if any) and the quantity of such land which shall or may be required for such dry docks slips and roads and the works connected therewith respectively. 8. For which said purposes 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 the lands of any person at or near the site of the intended docks slips and other 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 dry docks slips 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 dry docks slips and all other works and 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 work- men doing as little damage as may be in the execution of such survey and if required so to do making full satisfaction in manner hereiaafter 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 execution of such survey and examination as aforesaid. 9. The said map or plan and book of reference shall for thirty days before the commencement of the foundation of any such dry docks slips or other works as are hereby authorized to be made 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 hereinafter mentioned. Map and book of reference to be kept in the office of the corporation. .DET DOCK COMPANY. 415 10. "When and so often as tlie said corporation shall tare determined 17 Victoria. upon making any dry dock slips works and roads as aforesaid the said corporation to corporation shall by advertisement in the New South "Wales Grovem- fheir"intention ment Grazette and ia one or more of the Sydney newspapers at least to make dry thirty days before the commencement of the formation of any such dry ''°*' docks slips 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 map or plan and book of reference. 11. A copy of the said map or plan and book of reference shall Map &c. to be thirty days before the commencement of the formation of any such ™overnor'and*''^ dry docks slips and works as are hereby authorized be transmitted to Executive the Colonial Secretary and shall be by him laid before the Grovernor may°require and his Executive Council and if it shall appear to the Q-overnor and modifications. Executive Council that the proposed position extent or character of the works shown by the said map or plan and book of reference would be a serious obstruction to navigation and a public injury or that it is proposed to appropriate to an unnecessary and injurious extent the lands of any person or to injure and prejudice any person to an extent or in a manner which is not reasonably called for in carryiag out the purposes of this Act the said Grovernor by the advice of the said Executive Council may within such period of thirty days require the plans and proposals of the said Company to be modified and altered as to him and them may seem just and reasonable and the same shall be modified or altered accordingly. 12. Subject to the power hereinbefore reserved to the Grovernor power to take with the advice of his Executive Council it shall be lawful for the '* "£f(,5°g of Company by their directors agents officers surveyors and workmen and Company, all other persons by them authorized 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 ascertained or set out and shown 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 dry dock slips and other works and buildings 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 hereinafter 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 any such wiien appropria- appropriation the said corporation shall by advertisement in the Grov- flnaiiy"e"er- ernment Grazette and in one or more of the Sydney newspapers notify mined plans that such appropriation has been so determined upon in accordance teptTn the office with the said map or plan or book of reference subject to such altera- ot tiie corpora- tions as shall have been made thereiu upon such final determination iMpecSonl and a map or plan and book of reference iu accordance with such final determination shall thenceforth be kept in the office of the said cor- poration at Sydney and aU 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. 416 DRY DOCK COMPANY. 17 Victoria. 14. When any lands whieli the Company are by this Act authorized Lands taken to to take without the previous consent of the owner or occupier shall vest without con- }iave been finally 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 become 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. Eight to oompen- 15. The owners and all persons interested in any lands taken appro- priated used or prejudiced by the corporation their officers agents or workmen under any of the provisions herein contained and all persons 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 be Period within ascertained assessed and awarded as hereinafter mentioned Provided penStfon to™™' *^^* svLch. Compensation shall be claimed within the period of two years claimed. from the date of the final appropriation of the lands in which the claimant was interested. Corporation may 16. And in case the corporation and claimant shall not agree as to pay' money into"^ the sum to be paid for such compensation as aforesaid the amount to Court. \)Q 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 issue agreed to by the claimant and corporation respectively Pro- vided 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. Sums to be paid 17. Where such inquiry shaU relate to the value of lands taken and iands'and'for°' appropriated by the corporation and also to compensation claimed for damages to be injury done or to be done to the lands held therewith the jury shall Sy! ^*'^' 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 mterest 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 occupier 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. other lands may 18. It shall be lawful for the said corporation to purchase and hold anif conveyed, and for any person to convey to the said corporation any lands 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 dry docks slips and other works or otherwise in carrying out the purposes and objects of this Act. 20,000 shares to 19. Before it shall be lawful to put in force any of the powers here- before compui- inbefore conferred in relation to the appropriation of lands otherwise iaYFoT^"^^^ than by agreement for the purposes of the said dry docks slips works and roads not less than twenty thousand shares shall have been actually subscribed for and the sum of ten thousand pounds paid up. DRY DOCK COMPANY. 417 20. A certificate under the hands of two Justices of the Peace in 17 Victoria. Petty Sessions certifying that the prescribed number of shares have Evidence of been taken and the required sum been paid up shall be suiEcient required'capitai evidence thereof and on the application of the said corporation and the as above. production of such evidence as the Justices shall think proper and sufficient such Justices shall grant such certificate accordingly. 21. At any time after the passing of this Act the said corporation Lands not shall absolutely sell and dispose of all superfluous lands required by ^tS.^ '" 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 settle- ment of the said corporation. 22. It shall be lawful for the said corporation from time to time and Kates granted to at all times hereafter to ask demand take recover and receive to and "^ <=°''p°'* '°"- for the use and benefit of the said corporation tonnage rates to be established from time to time by the said corporation payable upon vessels using the said dry docks or slips and the tonnage of British vessels duly registered according to law shall be ascertained according to the certified tonnage in the register of such vessels and the tonnage of all other vessels shall be ascertained according to the rules of admeasurement for the time beiag established by law for regulating the admeasurement of the tonnage and burthen of the merchant shippiag of the United Kingdom and of the rates and dues that may be established. 23. The said corporation if required bo to do by the G-ovemor shall watch-houses erect on a suitable spot within or near the dry docks or slips to be f'or customT^^ approved of by the said Grovernor and always thereafter maintain such officers. buildings and sheds for the use of any tide surveyor or other officer of the Customs and his boat's crew as shall be approved of by the said G-ovemor and shall also if required to the satisfaction of the said Governor provide all requisite accommodation for the use of any officers of revenue with fit weighing materials and shall at all times keep any buildings sheds watch-house boat-house hut and weighing materials which may be required to be provided in good and sufficient repair. 24. If at any time any such building shed watch-house or boat- penalty on cor- house hut or weighing materials shall be out of repair or not provided fng*^'" epaS'^"*^ as required by the said Executive Council and notice thereof be given watch-houses Sc. to the said corporation they shall repair or provide the same to the satisfaction of the said Executive Council or any person appointed by them for that purpose within three months after such notice or in default thereof shall forfeit the sum of one hundred pounds for every month during which such building shed watch-house boat-house hut or weighing materials shall continue out of repair or be not provided such penalty to be recovered in the Supreme Court of the said Colony against the said corporation as a debt due to the Crown and to be sued for by any officer of Customs by the direction of the said Executive Council. 25. The total amount of debts engagements and liabilities of the Restrictions on) said corporation shall not in any case exceed the amount of capital '* " y- stock subscribed and actually paid up. 26. No dividend or bonus shall in any case be declared or paid out Dividend from of the subscribed capital for the time being of the said corporation nor *^ p™^'^- otherwise than out of the declared surplus capital net gains and profits of the business. 2d 418 DET DOCK COMPAinr. 17 Victoria. Actions or suits for calls. Contracts &c. under the deed of settlement before Act. Execution against share- holders. Liability of shareholders. Reimbursement of shareholders. 27. In any action or suit to be brought by the said corporation against any proprietor of any shares in the capital of the said corpora- tion to recover any sum of money due and payable to the said corpora- tion for or by reason of any call made by virtue of this Act or of the said deed of settlement it shall be sufficient for the corporation to declare and allege that the defendant being a proprietor of such or so many shares in the capital of the said corporation is indebted to the said corporation in such sum of money (as the call in arrears shall amount to) for such call of such sum of money upon such or so many shares belonging to the said defendant whereby an action hath accrued to the said corporation 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 making such call was a holder or proprietor of one or more share or shares in the capital of the said corporation 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 is directed by the said deed of settlement and the said corporation shall thereupon be entitled to recover what shall appear due. 28. Nothing herein contained shall prejudice or be deemed to pre- judice any calL made or any contract or other act deed matter or thing entered into made or done by the said corporation prior to or under or by virtue of the said deed of settlement before this Act shall come into operation but the same call contract act deed matter or thing shall be as valid and effectual to all intents and purposes as if this Act had not been passed and may be enforced in like manner as if the said Company had been incorporated before the same call contract act deed matter or thing had been made entered into or done. 29. If any execution either at law or in equity shall have been issued against the property or effects of the said corporation and if there cannot be found sufficient corporate property whereon to levy such execution then such execution may be issued against any of the shareholders to the extent of their shares respectively in the capital of the corporation not then paid up Provided always that no such execu- tion 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 up on 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 by the said deed of settlement to be kept in the office of the said corporation and so much of the share account of such shareholders as shall be sufficient to show the amount of their respective shares so remaining to be paid up Provided further that in the event of the assets of the corporation 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 corporation be responsible to the extent only of a sum equal to the amount of their said shares. 30. If by means of any such execution any shareholder shall have paid any sum of money beyond the amount then due from him in respect of calls he shall forthwith be reimbursed such additional sum by the directors out of the funds of the corporation. DET DOCK COMPANY. 419 31. The directors for the time being shall have the custody of the 17 Victgeia. common seal of the said corporation and the form thereof and all other custody and use matters relating thereto shall from time to time be determined by the °' '»'T>orate seal. directors in the same manner as is provided in and by the said deed of settlement for the determination of other matters by the board of directors and the directors present at a board of directors of the said corporation shall have power to use such common seal for the affairs and concerns of the said corporation and under such seal to authorize and empower any person without such seal to execute any deeds and do all or any such other matters and things as may be required to be executed and done on behalf of the said corporation in conformity with the provisions of the said deed of settlement and of this Act but it shall not be necessary to use the corporate seal in respect of any of the ordinary business of the corporation or for the appointment of an attorney or solicitor for the prosecution or defence of any action suit or proceeding. 82. In case it shall at any time be thought expedient by the said Proprietors may corporation to raise any sum or sums of money by way of loan it shall ao'naUumif'" bo lawful for the said corporation by any order of any general meeting necessary by oi' the said corporation to borrow and take up at interest in addition ™ "^ ^^ • to the money which the said corporation are authorized to raise in extension of their capital as aforesaid any such sum as to them shall seem meet and convenient not exceeding at any time one-third of the amount of the capital of the said corporation then actually paid up and the said corporation after an order shall have been made for that pur- pose by any general meeting are hereby authorized and empowered to assign the property of the said corporation and the rates arising or to arise by virtue of this Act or any part thereof (the costs and charges of assigning the same to be paid out of the said rates) as a security for any such sum of money to be borrowed as aforesaid with interest to such person or to his trustee as shall advance the same all which said mortgages or assignments shall be made under the common seal of the said corporation and in the words Or to the effect following (that is to say)— "No. The Sydney Dry Dock Company by virtue of an Act passed in the year of the reign of Her Majesty Queen Victoria intituled An Act to incorporate a Company to be called the Sydney Dry Dock Company in consideration of the sum of paid to the said Company by of doth asssign unto the said his (or her) executors administrators and assigns the said Company's undertaking and all and singular the rates arising by virtue of the said Act and all the estate right title and interest of in and to the same To hold unto the said his (or her) executors administrators and assigns until the said sum of together with interest for the same after the rate of for every one hundred pounds for a year shall be fully paid and satisfied. " Griven under the common seal on this day of in the year of our Lord IS ." Fomi of mort- gage. 420 DET DOCK COMPANY. ,17 Victoria. And all and eTery the person and persons to whom such mortgage or assignment shall be made shall be equally entitled one with the other to his her or their proportion or proportions of the said rates and premises according to the respective sums in such mortgages or assign- ments mentioned to be advanced without any preference by reason of the priority of date of any such mortgage or assignment or any other account whatsoever and an entry or memorial of every such mortgage or assignment containing the number and date thereof and the name or names of the person or persons with the proper additions to whom the same shall have been made and of the sum 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 or books to be Icept by the clerk or other officer of the said corporation which said book or books shall and may be perused at all reasonable times by any of the pro- prietors or creditors of the said corporation or other person interested therein without fee or reward and every person to whom any such mortgage or assignment shall have been made as aforesaid or who shall be entitled to the money due thereon shall and may from time to time transfer his right and interest therein to any person whomsoever which transfer shall or may be in the words or to the effect following (that is to say) — Form of transfer " I (or we) of in Consideration of the of mortptacre. ^^^ of paid by of do hereby transfer a certain mortgage number made by the Sydney Dry Dock Company bearing date the day of for securing the sum of and interest and all my (or our) right and property therein to the said his (or her) executors admiuistrators and assigns. ' " Dated this day of in the year of our Lord 18 ." And every such transfer shall within twenty-eight days after the date thereof be produced to the manager or clerk of the said corporation who shall cause an entry or memorial to be made thereof in the same manner as the original mortgages or assignments for which the said clerk shall be paid such sum as the said corporation shall appoint not exceeding two shillings and sixpence and after such entry made every transfer shall entitle such assignee his executors 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. Interest of, 33. The interest of the money which shall be raised by mortgage as money to be paid aforesaid shall be paid half-yearly to the several persons entitled divWends™^ ° thereto in preference to any interest or dividends due or payable by virtue of this Act to the said shareholders or any of them and shall from time to time be fully paid and discharged or provided for before the yearly or other interest or dividends due to the said shareholders or any of them shall be paid made or provided and in case the same 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 the same shall not be paid within seven days next after demand thereof in writing shall have been made to the said cor- poration or left at the office of the said corporation it shall be lawful for two or more Justices of the Peace in Petty Sessions assembled DUBBO PEESBTTEEIAN MANSE. 421 and they are hereby required on request to them made by or on behalf 17 Victobia of any mortgagee whose interest shall be so in arrear by an order under their hands to appoint one or more person or persons to receive the whole or such part of the said rates as are liable to pay such interest so due and unpaid as aforesaid and the money so to be received by such person or persons 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 recovering and receiving the 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 receiver and receivers 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 Supreme Court of the said Colony. 34. No person to whom any such mortgage or assignment shall be Mortgagees not made or transferred as aforesaid shall be deemed a proprietor of any ° ^° ' share or shall be capable of acting or voting by virtue of such assign- ment either as principal or by proxy as such at any meeting of the said corporation for or on account of his having lent or advanced any sum of money on the credit of any such mortgage or assignment. 35. In case the said corporation shall raise any sum or sums of money i" case by mortgage and shall afterwards be required or be desirous to pay off ^"a offpower and shall pay off all or any part of the principal sum secured by such to raise the mortgages or any of them then and in every such case it shall be lawful for the said corporation and they are hereby authorized and empowered immediately or at any time or times thereafter again to raise in lieu of the principal money so paid off or to be paid off by them so much and such sum and sums of 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 mort- gages or any of them or any part thereof and so from time to time as often as the same sh,all happen but so nevertheless that the mortgage debts of the said corporation shall not in any event exceed one-third of the amount of the capital of the said corporation actually paid up. DUBBO PRESBYTERIAN MANSE TEUSTEES. An Act to enable the Trustees of certain lands situate 38 Victobia. in Macquarie-street i)ubbo in the Colony of New South Wales to sell the said lands and to provide for the appropriation of the proceeds thereof. [26 May, 1875.] WHEEEAS by deed-poll or grant from the Crown dated the Preamble, sixteenth day of February one thousand eight hundred and seventy-two under the hand of Somerset Eichard Earl of Belmore Grovernor of the Colony of New South Wales and the seal of the said Colony All that piece or parcel of land in the said Colony containing by admeasurement two roods be the same more or less situate in the county of Lincoln and parish of Dubbo town of Dubbo allotment five of section five commencing on the eastern side of Macquarie-street at the north-western corner of allotment four and bounded thence on the 422 DUBBO PEESBTTEEIAIS^ MANSE. 35 VicTOEM.- west by that street northerly one chain on the north by the southern boundary-line of N. Hyeronimus's allotment six easterly at right angles to Macquarie-street five chains on the east by the west boundary- line of C. Ward's allotment fourteen southerly parallel with Macquarie- street one chain and on the south by the northern boundary-line of allotment four aforesaid westerly at right angles to Macquarie-street five chains to the point of commencement was granted to James Holmes Thomas Baird John Cassels Eyrie Thomas Alexander Thompson and James Osborne and their successors upon trust for the appropriation thereof as the site of a dwelling-house garden and other appurtenances for the clergyman duly appointed to officiate in, the church under the superintendence of and in connection with the G-eneral Assembly of the Presbyterian Church of New South "Wales erected at Dubbo and known as Saint Andrews and for no other purpose whatsoever And whereas the said land by reason of its being situate in the main thoroughfare of the said town is unsuitable for the purpose for which it was granted and no residence for the said clergyman has in fact ever been built And whereas it is expedient that the said land should be sold and that the proceeds to arise from such sale should be laid out in the purchase of lands in or near the said town of Dubbo and in the erection thereon of a dwelling-house for such clergyman as aforesaid to be held upon and for the same trusts and purposes and subject to the same conditions reservations and provisos as in and by the said herein recited deed of grant are declared in that behalf And whereas the said land cannot be sold without the authority of an Act of Parliament Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice of the Legislative Council and Legis- lative Assembly of New South "Wales in Parliament assembled and by the authority of the same as follows : — Powergranted to 1. Prom and after the passing of this Act it shall be lawful for the said land &0. ^'^ James Holmes Thomas Baird John Cassels Eyrie Thomas Alexander Thompson and James Osborne as such trustees as aforesaid or other the trustees or trustee of the said piece or parcel of land to sell and dispose of the said piece or parcel of land hereinbefore described bypublic auction or private contract and either in one lot or several lots as they shall deem most expedient for such price or prices as can be reasonably had or obtained for the same and when sold to convey the same or any part or parts thereof to the purchaser or purchasers thereof and thereupon the same shall vest respectively in the said purchaser or purchasers his or their heirs and assigns absolutely freed and discharged from the said trusts affecting the same and the receipt in writing of the said trustees or other the trustees or trustee of the said piece or parcel of land shall absolutely discharge the purchaser or purchasers of the said land or any part or parts thereof from the purchase money payable by him or them respectively or shall exonerate him or them from seeing to the appli- cation of the said purchase money and from all liability as to the mis- application or non-application thereof. procc^a"''^^'"'' ^- ^^® ^P'l*^ trustees and their successors shall stand possessed of all moneys arising from any and every sale or sales as aforesaid upon truststo lay out the proceeds of such sale first in the purchase of other lands in or near the said town of Dubbo to be held by the said trustees and their successors upon trust as a site for a dwelling-house garden and other appurtenances for the clergyman duly appointed to officiate in -the church under the superintendence of and in connection with the G-eneral Assembly of the Presbyterian Church of New South "Wales DUBBO CATTLE SALE-YAEDS. 423 •erected at Dubbo and subject to tbe conditions reserrations and pro- 38 Victoria, Tisos in the said deed or grant dated tlie sixteentl. day of Eebruary one tb-ousand eigbt Hundred and seventy-two contained and to apply the remainder if any of the proceeds after paying thereout the costs of obtaining this Act and all the expenses incurred in the said sale or otherwise in or towards the erection and maintenance of a dwelling- house garden and other appurtenances for the clergyman duly appointed to officiate in the Church under the superintendence of and in connec- tion with the G-eneral Assembly of the Presbyterian Church of New South Wales erected at Dubbo And the receipt of any person or persons to whom any moneys shall be paid under the provisions of this Act shall be a valid and complete discharge to the person or persons paying the same for such moneys. DUBBO CATTLE SALE-YARDS. An Act to authorize the erection and maintenance of 47 Victoria. Cattle Sale-yards by the Municipal Council of Dubbo within the said Municipality. [31 March, 1884.] WHEB,EAS by a deed of grant dated the thirtieth day of October preamble, anno Domini one thousand eight hundred and seventy-six Tinder the great seal of the Colony of New South Wales the land in the Schedule hereto more specifically described was granted to the Schedule. Municipal Council of Dubbo and their successors for ever subject to the quit-rent therein reserved upon trust to use the said land as a cattle-market and for no other purpose whatsoever And whereas it is expedient that yards for the sale of cattle should be established on the said land and it is necessary for such purpose that full power should be given to the Municipal Council of Dubbo to erect and maintain suitable biiildings and yards on such land and for such purpose to borrow money and to charge fees and make by-laws for the maintenance and regulations of such sale-yards 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. Por the purpose of this Act the word "cattle" wherever used interpretation of shall be taken to include all horses mares geldings foals mules bulls word "cattle." cows bullocks steers heifers calves pigs sheep lambs and goats. 2. It shall be lawful for the Municipal Council of Dubbo to erect council may and maintain suitable buildings yards and other premises upon the land ?^?"=* ™'^ .™^°- in the Schedule hereto set forth for the purpose of makmg provision for the sale of cattle therein. 3. To provide funds for the erection and maintenance of buildings Borrowing yards and prenuses as aforesaid it shall be lawful for the said Municipal powers. Council to borrow any sum of money not exceeding one thousand pounds at a rate of interest not exceeding eight pounds per centum per annum by debentures secured upon a mortgage of the rates fees and tolls to be levied as hereinafter provided or the general revenue of the Municipality from whatever source arising as in the opinion of the said Municipal Council may be deemed most expedient Provided 424 DIJBBO CATTLE SALE-TAEDS. By-lawg. No penalty to exceed five pounds. Proof of by-laws. Power to demand and take fees. 47 VicTOEiA. that the proceeds to arise from such rates fees or tolls and all other profits accruing from the use of such sale-yards and premises received by the said Municipal Council shall after payment of all current ex- penses incident to the maintenance of such premises be appropriated towards the payment of the principal sum so borrowed and any interest thereon accrued and an account to be called the Cattle Sale-yards Pund shall be kept by the said Council. 4. The said Council may from time to time appoint officers and servants and make by-laws for the maintenance regulation and manage- ment of the said sale-yards and premises and of all persons buying or selling therein or resorting thereto and generally for carrying out the purpose of this Act And such by-laws shall clearly set forth what pecuniary or other penalty or forfeiture shall be incurred by any breach thereof respectively Provided always that no such pecuniary penalty shall in any case exceed the sum of five pounds. 5. All such by-laws" shall after approval by the Governor with the advice of the Executive Council be published in the Grazette and in one local newspaper And the production of the Gazette purporting to contain a copy of any such by-laws shall be sufficient evidence in any proceeding in any Court of Justice that such by-laws have been duly made and approved in accordance with the provisions of this Act. 6. So soon as any such sale-yards shall be established and by-laws approved and published the said Council may demand and take ia respect of any cattle brought to any such sale-yards or yarded in or brought to any other sale-yards within the Municipality of Dubbo if such cattle be intended for sale by public auction or private contract the fees or charges mentioned in the said by-laws Provided that the fees or charges levied by the said Council upon cattle brought to other sale-yards shall not exceed those levied upon cattle yarded in or brought to the sale-yards established under this Act. 7. All sums of money which shall be imposed or made payable and all penalties and forfeitures incurred under this Act or any by-laws hereunder may be recovered at the suit of the said Council or the clerk of the said Council in a summary way before any Justice of the Peace under the provisions of the Act or Acts for the time being in force regulating proceedings on summary convictions and if any such sum of money be not paid either immediately after the order or conviction or within the time appointed by such order or conviction the same shall be levied by distress and sale of the goods and chattels of the offender or person directed by such order to pay any such sum as aforesaid and on failure of distress shall be enforced in the manner directed by the Appeal. said Act or Acts Subject however to an appeal in the manner provided by the Act or Acts for the time being in force regulating appeals from Justices of the Peace. Short title. 8. This Act may be cited as the " Dubbo Cattle Sale-yards Act of 1884." SCHEDULE. All that piece or parcel of land in the said Colony of New South Wales containing by adtaeaaurement ten acres (be the same more or less) situated in the county of Lincoln parish of Dubbo town of Dubbo section twenty-three Commencing at the intersection of the eastern side of Gipps-street with the southern side of Myall-street and bounded thence on the north by Myall-street bearing easterly ten chains and nine links on the east by Fitzroy-street bearing southerly nine chains and ninety- two links on the south by Macleay-street bearing westerly ten chains and nine links and on the west by Gipps-street southerly nine chains and ninety-two links to the point of commencement. Recovery of fees penalties &c. 425 DUBBO GAS COMPANY'S INCOEPOBATION. An Act to incorporate the Dubbo Gas Company (Limited) *8 victoeia. and to enable the said Dubbo Gas Company (Limi- ted) to construct Gas-works within the town of Dubbo. [20 June, 1884.] WHEREAS it is expedient that the town of Dubho in the Colony Preamble, of New South Wales should be supplied and lighted with gas And whereas for the carrying out of the works necessary for such supply of gas a joint stock Company called the Dubbo G-as Company (Limited) has lately been established at Dubbo in the Colony of New South "Wales in accordance with and subject to the provisions of the Companies Act thirty-seven Victoria number nineteen And whereas the said Company is desirous of being incorporated and it is expedient that it should be incorporated accordingly and empowered to construct gas-works within the municipal boundaries of the town of Dubbo but subject to the pro- visions hereinafter contained And whereas the Municipal Council of the town of Dubbo have at the request of the Dubbo Gras Company (Limited) and in consideration of the benefits to arise from the estab- lishment and carrying out of such works consented to the vesting in the said Company of all necessary powers and authorities so far as the rights and interest of the said Municipal Council are concerned 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. Such and so many persons as have already become or may in the company inoor- manner provided by and subject to the rules regulations and provisions Po™''«d- contained in the memorandum and articles of association become pro- prietors of shares of or in the capital for the time being of the said Company shall for the purposes aforesaid but subject nevertheless to the conditions restrictions regulations and provisions hereinafter con- tained be one body politic and corporate in name and in deed by the name of the Dubbo Gas Company (Limited) and by that name shall and may sue any person or persons body or bodies politic or corporate whether a member or members of the said corporation or not and may sue and be sued implead and be impleaded in all Courts whatsoever at Law or in Equity and may prefer lay or prosecute any indictment informa- tion and prosecution against any person or persons whomsoever for any stealing embezzlement fraud forgery crime or offence and in all indict- ments informations and prosecutions it shall be lawful to state the money and goods effects bills notes securities or other property of the said Company to be the money goods effects bills notes securities or other property of the said corporation and to designate the said Com- pany or co-partnership by its corporate name whenever for the purpose of any allegation of any intent to defraud or otherwise howsoever such designation shall be necessary and the said corporation shall have per- petual succession with a common seal which may be altered varied and changed from time to time at the pleasure of the said corporation. 426 DUBBO &AS COMPANY. 48 Victoria. 2. The several laws rules regulations clauses and agreements eon- Memorandum tained in the said memorandum and articles of association or to be made assocMorcon- Under or by virtue or in pursuance thereof shall be deemed and con- flrmed. sidered to be 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 be or may be altered varied or repealed by or are or shall be or may be inconsistent or incompatible with or repugnant to any of the provisions of this Act or of any of the laws or statutes now or hereafter to be ia 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 memorandum and articles of association 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 in the said Colony and the production of a written or printed copy of the said memorandum and articles of association or of any rules by-laws or regulations to be made in pursuance thereof or in pursuance of this Act having the common seal of the Company affixed thereto shall be sufficient evidence in every Court of civil or criminal jurisdiction of such memorandum and articles of association or of such by-laws rules or regulations. Increase of 3. It shall be lawful for the said corporation from time to time to capi a . extend or increase its capital for the time being by the creation and disposal of new shares in the manner specified and set forth and subject to the rules regulations and provisions contained in the said memo- randum and articles of association. Share register to 4. The Company shall keep a book to be called the Share Eegister be kept. ^^^ ^^ ^^^j^ 1^^^^ ^-^^^l be fairly and distinctly entered from time to time the names and addresses of the several persons entitled to shares in the Company together with the number of shares to which such shareholders shall be respectively entitled. Production of 5. The production of the share . register shall be admitted ia aU bejnimdfaeie° Courts of civil and criminal jurisdiction as primd facie evidence of the evidence. person named therein as a shareholder being such shareholder and of the number of his shares and every shareholder or other person having a judgment at law or a decree in equity against the Company may at all convenient times peruse the share register gratis and may require a copy thereof or any part thereof and for every one hundred words or part of one hundred words so required to be copied the Company may demand a sum not exceeding one shilling. 'hares t™b ^' '^^^ Capital or joint stock for the time being and all the funds pe^sonaiV ^'^^ property of the said corporation and the several shares therein and the profits and advantages to be derived therefrom shall be and be deemed to be personal estate and be transmissible accordingly subject to the regulations of the said memorandum and articles of association. Trusts or equit- 7. The Corporation shall not be bound in any manner by any trusts affertfnrsharcs. 0^ equitable interests or demands affecting any shares of the capital standing in the name of any person as the ostensible proprietor thereof or be required to take any notice of such trusts or equitable interests or demands but the receipt of the person in whose name the shares shall stand in the books of the said 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 corporation for or in respect of any dividend or for money payable by the said corporation in respect of such shares and a transfer of the DTJBBO G-A8 COMPANY. 427 said shares in accordance with the regulations in that behalf con- 48 Victobia. tained in the said memorandum and articles of association by the person in whose name such shares shall so stand shall notwithstanding as aforesaid be binding and conclusive as far as may concern the said corporation against all persons claiming by virtue of such trusts or equitable interests or demands Provided always that nothing herein 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 corporation ia respect of any such shares or the transfer thereafter of any such shares or to direct the payment of such dividends or other money by the cor- poration 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. 8. It shall be lawful for the said corporation any statute or law to the Power to hold contrary notwithstanding to purchase take hold and enjoy to them and ™ '' their successors for any estate term or interest all such houses offices buildings lands and hereditaments as may be necessary or proper for the purpose of managing and conducting and carrying on the affairs concerns and business of the said corporation and to sell convey assign assure lease and otherwise dispose of or act in respect of such houses offices buildings lands and hereditaments as occasion may require for the purpose of the said corporation. 9. It shall be lawful for all persons who are or shall be otherwise Conveyance to competent so to do to grant sell alien convey demise assign and dispose ^ ""^ of unto and to the use of the said corporation and their successors for the purposes aforesaid or any of them any such houses offices lands heredit- aments and other real estate whatsoever as aforesaid accordingly. 10. No dividend or bonus shall ia any case be declared or paid out Dividend from of the subscribers capital for the time being of the said Company or *^ profits, otherwise than out of the" declared surplus capital net gaius and profits of the business. 11. In any action or suit to be brought by the said corporation against Actions or suits any proprietor of any shares in the capital of the said corporation to *°' ™''''' recover any sum of money due and payable to the said corporation for or by reason of any call or the arrears thereof made by virtue of this Act or of the said memorandum and articles of association it shall be sufficient for the corporation to declare and allege that the defendant being the proprietor of such or so many shares in the capital of the said corporation is indebted to the said corporation in such sum of money (as the call in arrears shall amount to) for such call of such sum of money upon such share or so many shares belong- ing to the said defendant whereby an action hath accrued to the said corporation without setting forth any special matter and on the trial of such action or suit it shall not be necessary to prove the appoint- ment of directors who made such call or any other matter except that the defendant at the time of making such call was a holder or proprietor of one or more share or shares in the capital of the said corporation and that such call or calls was or were in fact made and such notice thereof and of the time fixed for the payment thereof given as directed by the said memorandum and articles of association and the said corporation shall thereupon be entitled to recover what shall appear due upon each call with interest thereon, 428 DUBBO GAS COMPANY. 48 Victoria. 12. In all cases in which by any Act of Parliament or of the Colonial Power to Secre- Legislature or by any rule or order of the practice of the Supreme tOTy or other Court or any other Court now or hereafter to be in force in this Colony the plaintiff complainant or defendant in any action suit or other pro- ceeding civil criminal or otherwise or any creditor of an insolvent estate or any person being a party to or interested in any process or proceed- ing whatsoever is or shall be authorized empowered or required to make any affidavit deposition or information or to sign or present any petition or to do any other act it shall be lawful and competent for the secre- tary or other officer or agent of the Company where such Company shall be such plaintiff complainant defendant or creditor or be a party to or otherwise interested in any process or proceeding whatsoever as aforesaid for and on behalf of the Company to make any such affidavit deposition complaint or information sign or present any such petition or do any such other act as aforesaid. Custody and use 13. The directors for the time being shall have the custody of the seai?"^" common seal of the 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 by the said memorandum and articles of association for the determination of other matters by the directors And the directors present at a board of directors of the Company or a majority of them shall have power to use such common seal or authorize the same to be used for the affairs and concerns of the Company and under such seal to authorize and empower any person without such seal to execute any deeds and do all or any such other matters and things as may be required to be executed and done on behalf of the Company in conformity with the provisions of the said memorandum and articles of association and of this Act But it shall not be necessary to use the corporate seal in respect of any of the ordinary business of the Company or for the appointment of an attorney or solicitor for the prosecution or defence of any action suit or proceeding or of any officer or servant of the Company and such seal may be affixed to any deed or document by any director of the said Company or by the hand of any person whom the directors shall appoint in that behalf and the affixing thereof shall be attested by at least one director and such person so appointed. 14. The said Corporation is hereby fully authorized and empowered by its servants contractors agents workmen and others from time to time to make erect sink lay place fit and maintain such retorts gasometers meters receivers cisterns engines machines cuts draias sewers watercourses pipes reservoirs buildiags and other works and devices of such construction and in such manner as the said corpora- tion shaU think necessary or proper for the purpose of carrying out the operations of the said corporation and also in carrying out the objects of the corporation to break up the soil and pavement of any footpath highway street road way lane passage or other public place or thoroughfare or of any road way thoroughfare or place dedicated to or used by the public as such or any part or parts thereof and to erect posts pillars lamps lamp-irons and other apparatus in the same highways streets roads ways lanes passages and other thoroughfares and places against any wall or walls erected on or adjoining to any of them and to dig and sink trenches and drains and to lay mains and pipes and. put stop-cocks siphons plugs or branches from such mains or pipes in under across or along such highways streets roads ways Power to erect gasometers break up roads streets &c. DrSBO GAS COMPANY. 429 lanes passages and other thoroughfares and places and also with such 48 Victoeia. consent as hereinafter mentioned to do the like in under across or along any private roads ways lanes passages buildings and places And from time to time to cut stop remove alter repair replace and relay such main pipes stop-cocks siphons plugs branches or other apparatus Provided always that nothing herein contained shall be deemed to authorize the said corporation its servants contractors agents or work- men to enter into or upon any private lands buildings or places for any of the purposes aforesaid or thereon to carry out any of the operations of the said Corporation without the previous consent of the occupiers thereof except that the corporation by its servants agents or workmen may at any reasonable time enter upon any land or place wherein any pipe hath already been lawfully laid down or placed in pursuance of this Act and repair or alter the existing pipe or lay or place any new pipe in the stead thereof And provided also that the corporation or the secretary or other officers agents or servants thereof shall except in case of accident give forty-eight hours notice in writing to the Council Clerk of the Municipality of Dubbo prior to the opening or breaking up of streets lanes or otherwise as aforesaid. 15. It shall be lawful for the said corporation to contract with any Tomakeoon- persons (whether incorporate or individual) for supplying with gas any orgas.'" ^^^"^ ^ such person or persons or any streets ways lanes passages manufac- tories shops warehouses public or private houses buildings and places and for such purpose from time to time to lay down carry fit up connect and furnish any pipe branch or burner lamp meter or other apparatus from or in connection with any main pipe or to lay down any new main which for such purposes may be required Provided always that in all cases (where it is not otherwise expressly stipulated and agreed) the said Corporation its servants contractors workmen or agents shall at its own expense on the expiration or determination of any tenancy of any occupier so giving consent as aforesaid or on nonpayment of the sums payable by the owner or occupier of any building tenement Compensation to or place for gas supplied thereto at any time within twelve months from p^J^l^gf such expiration determination or default within fourteen days after notice in writing for that purpose from or on behalf of the owner or succeeding occupier of such building tenement or place shall have been received by the said corporation enter into and upon such building tenement or place and remove take and carry away or cause to be removed taken or carried away any pipe burner lamp meter or apparatus which shall have been placed and introduced by the said corporation therein and repair and make good such portions of such building tene- ment or place as may be damaged or defaced by such removal And in case the said corporation shall neglect so to do for fourteen days after receipt of such notice it shall be lawful for such owner or succeeding occupier (provided free and reasonable access has not been refused to the agents servants and workmen of the said corporation for the purpose aforesaid) to remove or cause to be removed all such pipes burners lamps meters or apparatus and to repair and make good the damages and defacements to the said building tenements or place caused thereby the reasonable costs and charges attending which shall immediately be paid by the said corporation to the owner or occupier making such repairs as aforesaid and in default of such sum being paid by the said corpor- ation within three days after demand thereof in writing made at the offices of the said corporation it shall be lawful for the said owner or occupier or his or her agent to make complaint thereof before any 430 . DUBBO GAS COMPANY. 48 Victoria. Justice who may cause a summons to be issued in the usual form calling on the said corporation to show cause before the nearest Court of Petty Sessions of the poHce district in which such building tenement or How determined, place is situated why such demand has not been satisfied And if the said corporation fails to show cause accordingly it shall be lawful for the sitting Justices to order or award payment of the demand or any part thereof to such complainant together with such costs and satis- faction for his expense and trouble as to them may seem meet and such order or award to enforce by distress Provided also that if any owner or occupier of any building tenement or place or any person acting for him shall refuse reasonable access to the contractors agents workmen or servants of the said corporation for the purpose of removing any such pipe burner meter or apparatus placed or introduced iato any such building tenement or place by the said corporation or shaU. prevent or obstruct such removal then the said owner occupier or person acting for him shall immediately make payment to the said corporation for such pipe burner meter or apparatus And in default of his so doing within three days after demand thereof made at the said building tenement or place or the residence of the party it shall be lawful for the said corporation to make complaint thereof before any Justice of the Peace who may cause to be issued a summons to the person so making default calling on him to show cause before the Court of Petty Sessions of the police district where the building tenements or place is situated why he refuses to pay such demand And thereupon the said Court shall proceed to the adjudication and enforcement of such demand in the manner in this clause set forth Fraudulent use And if any person shall place or lay any pipe to communicate with oi gaa. g^jjy. main-pipe meter or other apparatus already laid placed or erected by the said corporation or shall use additional burner or burners of larger dimensions or of other kind or description than that he has contracted to pay for or shall supply any person with any of the gas supplied to him by the said corporation without the consent in writing of the said corporation first obtained of if any person shall wantonly or maliciously hinder or interrupt the contractors workmen agents or servants of the said corporation in legally doing or performing any of the works aforesaid or in exercising the powers and authorities by this Act given or if any person shall wilfully negligently or accidentally do or cause to be done any injury or damage to any of the buildings machinery pipes burners lamps meters or apparatus of the said cor- poration or remove the same or cause a waste or improper use of gas supplied by the said corporation it shall be lawful for the said corpo- ration to make complaint thereof before any Justice of the Peace who may cause to be issued a summons to the person so ofEending to appear before the Court of Petty Sessions of the police district where such offence shall be committed and being thereof lawfully convicted such person shall forfeit and pay to the said corporation any sum not exceeding five pounds over and above all damages done and over and above all costs to be ascertained by such Court and to be enforced in the manner in this clause before set forth And all proceedings imder this Act not herein expressly provided for shall be regulated and con- ducted in accordance with the powers of the law in force for the time being respecting summary proceedings before Justices of the Peace and all such proceedings shall so far as the same are applicable be enforced and observed in all proceedings under this Act not herein expressly provided for. DUBBO GAS COMPANY. 431 16. "When and so often as the said corporation its contractors 48 Victoriji. agents or workmen shall have broken up or removed any pavement Materials of stone or other material of any highway road street way lane passage ^°j'j^ *°- ^'fo'^^" or other public place or thoroughfare or of any road way thorough- replaced. fare or place dedicated to or used by the public as such the said corporation shall make all reasonable despatch in performance of the work to be done and shall on completion of such work forthwith carry away all rubbish and waste or surplus material and to reinstate each pavement stone or other material and render such highway road street way lane passage or other place as nearly as possible in the same condition as it was in previously to the disturbance thereof And during the continuance of such work and until such reinstate- ment to set up barriers and keep lamps or fires burning at night in order to prevent accidents And also when and so often as any gas pitch waste liquid or other thiags shall escape or flow from any pipe receiver or drain so as to contaminate the air or water and render the same unhealthy or offensive it shall be lawful for any person to give notice thereof in writiiig to the said corporation who shall immediately take the most speedy and effectual measures to remedy and prevent the same And if the said corporation shall make default ia any of the matters so required by it to be performed it shall be lawful for any person to lodge complaint thereof before any Justice of the Peace who may summon the said corporation before the nearest Court of Petty Sessions and on proof of such default the said Court of Petty Sessions shall order and direct that the same shaU be done by the said corporation within a reasonable time to be named by such Court and in default of compliance with such order any Justice of the Peace on proof thereof and on proof that the complainant or any other person has performed the said work so to be done and of the costs charges and expenses attending the same shall issue a distress warrant against the goods and chattels of the said corporation for any amount not exceeding the said charges and expenses and the costs of prosecuting such complaint to be paid to the person performing the said work as aforesaid. 17. And in case any body or bodies corporate commissioners trustees Remedy for the surveyors or any other person or persons who shall contract with the reX."^ °' said corporation or agree to take or shall take or use and enjoy the gas of the said corporation either in private dwellings shops inn taverns or other public or private buildings or manufactories grounds or premises or otherwise shaU. refuse or neglect to pay the sum or sums of money due under their his or her contract for the same to the said corporation according to the terms and stipulations of the said respective parties with the said corporation it shall be la.wful for the said corporation without prejudice to any other remedy to make complaint thereof before any Justice of the Peace who may issue a summons to the party so refusing or neglecting to pay as aforesaid calling on him to show cause before the Court of Petty Sessions in the j)olice district in which such building tenement or place is situated why he refuses to pay such sum or sums And thereupon the said Court shall proceed to the adjudication of the said demand and the amount thereof with costs charges and expenses incurred in the prosecution thereof may be en- forced by distress and sale of the goods and chattels of the person so neglecting or refusing to pay the same rendering the surplus if any to such person or persons so neglecting or refusing And it shall be lawful for the said corporation after seven days' notice to cut off and nuisance. 432 DrBBO GAS COMPANY. 48 Victoria, take away the supply of gas from the house or houses inn tavern shop manufactory warehouse or other building premises or places of every such person so making default in payment of such sum or sums of money then due by his her or their contract to the said corporation and thenceforth to diseontiQue the supply of gas contracted for with the said corporation by such person or persons. Power to officers 18. The secretary engiaeer or other ofl3.cer duly appoiated for such to inspect meters pyj-pose by the Company may at all reasonable times enter any build- ing tenement or place lighted with gas supplied by the Company in order to inspect the pipes lamps burners meter or other apparatus of or connected with the works of the Company to regulate the supply of gas or to ascertain the quantity of gas consumed or supplied and if any person shall hinder any such officer aforesaid from so entering or making such inspections at any reasonable time such person shall for every such offence forfeit and pay to the Company a sum of money not exceeding iive pounds to be awarded and recovered by the Company in like manner as the penalties aforesaid. Apparatus not 19. No pipe burner lamp meter or other apparatus of the said cor- execution'^&c'^^' poration being set up in any building tenement or place shall be sub- ject to distress for rent or shall be taken in execution under any process or proceeding of any Court of Law or Equity or under any proceedings in insolvency save so far as any processes or proceedings against tie corporation are concerned. Indictment tor 20. In the event of the wrongful exercise of any powers given by this Act nothing in this Act contained shall be construed to prevent any person from indicting or otherwise proceeding against the said corporation for nuisance or otherwise in respect of the works or means used or employed by the said corporation in exercising the privileges hereby on it conferred nor shall anything herein contaiaed limit restrict or in any manner affect the right of any municipality or of any other person or Company hereafter empowered by the Legisla- ture to supply gas to the said town of Dubbo or to exercise any powers which it may be deemed expedient or necessary to grant for that purpose. Price purity and 21. The price for the gas shall at no time exceed seventeen shillings piwCTofthf Bas. per thousand cubic feet and the gas supplied diall be absolutely free from sulphuretted hydrogen and shall be of such minimum quality as to produce from an Argand burner having fifteen holes and a seven- inch chimney consuming five cubic feet of gas per hour a light equal in intensity to the light produced by fifteen sperm candles of six in the pound burning one hundred and twenty grains per hour. Sln^'"" ^"^ ^^' ^^® ^^^^ Company shall within twelve months after receiving ^ '"^' notice from the Municipal Council put up at some testing place to be provided by the said Council within the municipal district suitable apparatus for the purposes following : — (1.) jPor testing the illuminating power of the gas supplied. (2.) Por testing the presence of sulphuretted hydrogen in the gas supplied The said apparatus shall be in accordance with the Schedule hereunto annexed and shall at all times be kept and maintained in good repair and working order by the said Company. Appointment of 23. The Municipal Council may from time to time appoint a compe- gas examiner, ^g^^^ and impartial person to be gas examiner to test the gas at the testing place who shall test the illuminating power and purity of the DTJBBO G-AS COMPAJSnT. 433 gas supplied on any or every day and the said Company may be repre- 48 Victoria. sented at the testing if they shall think fit but shall not be entitled either by themselves or their representative to interfere in the testing. 24. The gas examiner shall on the day immediately following that on Gas examiner to which the testing was made by him deliver to the Municipal Council a '^p"' *"• report of such testing and shall deliver a copy thereof to the said Company and such report shall be receivable in evidence. 25. Any gas examiner appointed by the Municipal Council shall be g^ examiner paid a salary not exceeding one hundred pounds per annum which shall °^ p*' " be paid one moiety by the Council and the other moiety by the said Company. 26. ISTo meter shall be used for ascertaining the quantity of gas sold Meters, by the said Company unless the same shall have its measuring capacity at one revolution or complete action of the meter and also the quantity per hour it is intended to measure in cubic feet or multiples or decimal parts of a cubic foot denominated or marked on the outside thereof in legible letters or figures and shall have been tested and stamped as correct by the English "Warden of Standards or by the inspector of meters appointed from time to time by the said Municipal Council or other the person or persons who may hereafter be appointed by any Act or Acts of the Parliament of New South "Wales or in pursuance thereof in that behalf to test and stamp gas meters. 27. An inspector of meters may from time to time be appoiuted by Municipal Coun- the Municipal Council and the said inspector shall at all times when °ns^ctor'of°"' authorized by the Council on the application and at the expense of and meters, consumer of gas supplied by the said Company be entitled to inspect and test the meters erected by the said Company in the premises of the person making such request after giving forty-eight hours notice of such intended inspection to the said Company and before such inspec- tion the person requiring the same shall deposit in the hands of the inspector all money due or appearing to be due by such person to the said Company on account delivered and in case such deposit shall be in excess of the sum found to be due to the said Company such excess shall be returned to the consumer. 28. No meter which shall have been fixed by the said Company for Regruiation of use before the expiration of one year of the time when this Act comes ™'^'^'^^- into operation shall be allowed to remain in use after the expiration of five years from that time unless it shall have been tested and stamped as by this Act directed and no meter once tested and stamped under the provisions of this Act shall be allowed to remain in use for more than five years from the time when it shall have been last so stamped unless and until it shall have been retested and restamped in manner aforesaid and whenever the said Company shall knowingly allow any meter to be used ia contravention of this section they shall be liable to a penalty not exceeding forty shillings for every such offence. 29. After the expiration of one year from the time when this Act ^^^^ atandard. comes into operation the legal standard or unit or measure for the sale of the said Company's gas by meter shall be the cubic foot containing sixty-two and three hundred and twenty-one thousandths (62'321) pounds avoirdupois weight of distilled or rain -water weighed in air at the temperature of sixty-two degrees of Pahrenheit's thermometer the barometer being at thirty laches. 2e 434 DTJBBO GAS COMPANY, 48 ViCToKiA. 30. If any person shall forge or counterfeit or cause or procure to Forging stamps, be forged or counterfeited or knowingly act or assist in the forging or counterfeiting any stamp whicli may hereafter be used for the stamping of any meter under this Act every person so ofEending shall for every such offence be liable to a penalty not exceeding fifty pounds or less than ten pounds and if any person shall knowingly sell utter or dispose of let lend or expose for sale any meter with such forged stamp thereon every person so offending shall for every such offence be liable to a penalty not exceeding ten pounds or less than forty shillings and all meters having forged or counterfeited stamps thereon shall be forfeited and destroyed. Pressure of gas. 31. AU gas supplied by the said Company shall except in case of accident be supplied at such pressure as to balance froni midnight to sunset a column of water not less than six-tenths of an inch in height and to balance from sunset to midnight a column of water not less than one inch in height. General penalty. 32. If it shall be proved to the satisfaction of any two Justices of the Peace in Petty Sessions assembled that the said Company or any of its of&cers have been guilty of any default under this Act they shall be liable for each and every such default to a penalty not exceeding five pounds to be recovered in a summary way. Bight of appeal. 38. Any person may appeal from the judgment or conviction of any Court of Petty Sessions under this Act in the form and manner set forth in the Act of Council fifth "William the Pourth number twenty- two. 84. The following words and expressions in this Act shall have the meaning hereby assigned to them unless there be something either in the subject or context repugnant to such construction The word " corporation" shall mean the Dubbo G-as Company (Limited) as incorporated by this Act The expression " gas-works" shall mean the gas-works and the works connected therewith by this Act authorized to be constructed The word " street" shall include any square court or alley highway lane road thorouglifare or other passage or place within the limits of this Act The expression " town of Dubbo" shall comprise all that district which is included within the municipal boundaries of the said town. 35. It shall be lawful for the Municipal Council of Dubbo at any time after the expiration of five years from the passing of this Act by notice in writing to require the said Company to sell and thereupon the said Company shall sell to the Municipal Council of Dubbo the said gas-works upon the terms of paying the then value (exclusive of any allowance for past or future profits of the said Company or any compensation for compulsory sale or other consideration whatsoever) of the said gas-works and all lands buildings works materials and plant of the said Company suitable to and used by the said Company for the purposes of the said gas-works such value in case of difference to be referred to arbitration ia the manner directed by the Act thirty-one Victoria number fifteen intituled An Act to make arbitrations more effectual and subject to the terms and conditions therein contained. Company may be 36. Nothing contained in this Act shall prevent the said Company general Act. °' being brought Under the provisions of any general Act which may be Interpretation of terms. Municipal Council may purchase ^as-works. DUBBO aAS COMPANY. 435 passed by the Parliament of New South "Wales applying equally to 48 Victoeia. Companies engaged in the manufacture of gas in the said Colony with reference to the manufacture and sale of gas nor entitle the said Com- pany to compensation from the public revenue by reason of the provi- sions of such general Act for the purpose aforesaid being made applic- able to and binding upon the said Company. 37. This Act shall be styled and may be cited as the " Dubbo G-as short title Company's Incorporation Act of 1884." SCHEDULE. Part I. 1. JRegulations in respect of testing apparatus. (a) The apparatus for testing the illuminating power of the gas shall consist of the most improve form of photometer known together with a pro]3er meter minute clock governor pressure gauge and balance The burner to be used for testing the gas shall be an Argand burner having fifteen holes and a seven-inch chimney The candle used for testing the gas shall be sperm candles of six to the pound and two candles shall be used together. 2. The apparatus. (i) For testing the presence in the gas of sulphuretted hydrogen. A glass vessel containing a strip of bibulous paper moistened with a solution of acetate of lead containing sixty grains of crystallized acetate of lead dissolved in one fluid ounce of water. Paet II. 1. Hules as to mode of testing gas. (a) Mode of testing for illuminating power The gas in the photometer is to be lighted at least fifteen minutes before the testings begin and it is to be kept con- tinually burning from the beginning to the end of the tests. Each testing shall include ten observations of the photometer made at intervals of a minute. The consumption of gas is to be carefully adjusted to five cubic feet per hour. The candles are to be lighted at least ten minutes before beginning each testing so as to arrive at their normal rate of burning which is shown when the wick is slightly bent and the tip glowing The standard rate of consumption for the candles shall be one hundred and twenty grains each per hour Before and after making each set of ten observations of the photometer the gas examiner shall weigh the candles and if combustion shall have been more or less per candle than one hundred and twenty grains per hour he shall make and record the calculations requisite to neutralize the effects of this difference The average of each set of ten observations is to be taken as representing the illuminating power of that testing. 2. Mode of testing. (5) For sulphuretted hydrogen The gas shall be passed through the glass vessel containing the strip of bibulous paper moistened with the solution of acetate of lead for a period of three minutes or such longer period as may be prescribed and if any discolouration of the test paper is found to have taken place this is held to be conclusive as to the presence of sulphuretted hydrogen in the gas. 436 Preamble. ENGINEERING ASSOCIATION INCORPORA> TION. 48 VicTOEiA. An Act to incorporate a Society called the Engineering Association of New South Wales. [19 August, 1884.] WHEEEAS a Society called tlie Engineering Association of ISTew South "Wales has under certain rules and by-laws been formed at Sydney in the Colony of New South Wales for the general advance- ment of engineering and mechanical science And whereas the Coun- cil of the said Society is at the present time composed of the following office-bearers and members Owen Blacket consulting engineer presi- dent Henry Selfe Grovernment engineer-surveyor vice-president John Sands mechanical engineer honorary treasurer John Parry honorary librarian "William Eugene Hort NicoUe Secretary and John Trevor Jones City Engineer Adrien Charles Mountain City Surveyor Walter Shell- shear Assoc. M. Inst. C.B. Henry Davies civil engineer Max Thomson civil engineer and Robert Pollock mechanical engineer members of the Council And whereas it is expedient that the said Society should be incorporated and should be invested with the powers and authorities hereinafter contained Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows : — 1. Eor the purposes of this Act the following worda in inverted commas shall unless the centext otherwise indicate bear the meaning set against them respectively — " Corporation"-^The Society hereby incorporated. " Council" — The members of the council at any duly convened meeting thereof at which a quorum according to the by-laws at the time being shall be present. " Secretary" — Such person or either one of such persons who shall for the time being be the secretary or secretaries honorary or otherwise of the said Society (saving and excepting any assist- ant secretary of the said Society). 2. The president vice-president oflicers and members of the said Society for the time being and all persons who shall in manner provided by the rules and by-laws for the time being of the said Society become members thereof shall be for the purposes hereinafter mentioned a body corporate by the name or style of the Engineering Association of ■ New South Wales and by that name shall and may have perpetual suc- cession and a common seal and shall and may enter into contracts sue and be sued plead and be impleaded answer and be answered to defend and be defended in all Courts and places whatsoever and may prefer lay and prosecute any indictment information and prosecution against any person whomsoever and any summons or other writ and any notice or other proceeding which it may be requisite to serve upon the corpora- tion may be served upon the secretary or one of the secretaries as the case may be or if there be no secretary or if the secretaries or secretary be absent from the Colony then upon the president or vice-president. Interpretation clause. Incorporation clause. ENG-INEEEING ASSOCIATION. 437 3. The present rules and by-laws of tlie said Society stall be deemed 48 Victoria. and considered to be and shall be the rules and by-laws of the said cor- Ruiea and by- poration save and except in so far as any of them are or shall or may be '''^■^• altered varied or repealed under the powers for that purpose therein contaiued or are or may be inconsistent or incompatible with or repug- nant to any of the provisions of this Act or any of the laws now or here- after to be in force in the said Colony. 4. The corporation shall have power to purchase acc[uire and hold power to hold lands and any interest therein and also to sell and dispose of the said fji'^^"' '"'*'^ land or any interest therein and all lands tenements hereditaments and other property of whatever nature now belonging to the said Society under the said rules and by-laws or vested in trustees for them shall on the passing of this Act be vested in and become the property of the said property vested corporation subject to all charges and claims and demands in anywise ^° corporation. affecting the same. 5. The ordinary business of the corporation in reference to its pro- Ordinary busi- perty shall be managed by the council and it shall not be lawful for managedby the individual members to interfere in any way in the management of the council. affairs of the corporation except as by the rules and by-laws for the time being shall be specially provided. 6. The council shall have the general management and superintend- Powers of ence of the affairs of the corporation and excepting the appointment """"cd. of presidents and vice-presidents and other honorary officers who shall be appointed as the by-laws of the Society shall from time to time pro- vide the council shall have the appointment of all oificers and servants required for carrying out the purposes of the Society and of preserving its property and it may also define the duties and fix the salaries of all officers Provided that if a vacancy should occur in the council during any current year of the Society's proceedings it shall be lawful for the council to elect a member of the Society to fill such vacancy for the "unexpired portion of the then current year The council may also pur- chase or rent land houses or offices and erect buildings or other struc- tures for any of the purposes for which the Society is hereby incorpor- ated and may borrow money for the purposes of the corporation on mortgages of the real and chattel property of the corporation or any part thereof or may borrow money without security provided that the amount so borrowed without security shall never exceed in the aggre- gate the amount of the income of the corporation for the last preceding year and the council may also settle and agree to the convenants powers and authorities to be contained in the securities aforesaid. 7. In the event of the funds and property of the corporation being Liability of mem- insufficient to meet its engagements each member thereof shall in addi- ''^"• tion to his subscription for the then current year be liable to contribute a sum equal thereto towards the payment of such engagements but shaU. not be otherwise individually liable for the same and no member who shall have commuted his annual subscription shall be so liable for any amount beyond that of one year's subscription. 8. The council shall have the custody of the common seal of the cor- custody and use poration and have power to use the same in the affairs and business of °' 0°™°° sc"'- the corporation and for the execution of any of the securities aforesaid and may under such seal authorize any person without such seal to execute any deed or deeds and do such other matter as may be required to be done on behalf of the corporation but it shall not be necessary 438 48 Victoria. Copy of by-laws to be evidence. Elections not made in due time may be made subsequently. President vice- president or secretary may represent cor- poration for cer tain purposes. EXCHANGE OP LAND SCOTS CHIJECH. tlSSI7? to use the said seal in respect to the ordinary business of the corpora- tion nor for the appointment of their secretaries solicitor or other ofdeers. 9. The production of a printed or written copy of the rules and by- laws of the corporation certified in writing by the secretary or one of the secretaries as the case may be to be a true copy and having the common seal of the corporation afilxed thereto shall be conclusive evi- dence in all Courts of such rules and by-laws and of the same having been made under the authority of this Act. 10. In case any of the elections directed by the rules and by-laws for the time being of the corporsttion to be made shall not be made at the times required it shall nevertheless be competent to the council or to the members as the case may be to make such elections respectively at any ordinary meeting of the council or at any annual or special general meeting held subsequently. 11. The president or vice-president or the secretary or either one of the secretaries may represent the corporation in all legal and equitable proceedings and may for and on behalf of the corporation make such affidavits and do such acts and sign such documents as are or may be required to be done by the plaintiff or complainant or defendant respectively in any proceeding to which the corporation may be parties. 12. This Act may be cited as the " Engineering Association Incor- poration Act of 1884." EXCHANGE OE LAND SCOTS CHURCH SYDNEY LEGALIZING. 30 Victoria. Ah Act to legalize tlie exchange of a portion of the allotment of the Scots Church Sydney. [22 De- cember, 1866.] Preamble. "VTTHEEEAS a street now called Jamison-street was formed through T V the adjoining allotments of the Scots Church and the late Sir John Jamison in the year one thousand eight hundred and thirty-one And whereas it was deemed necessary in order to square the lines of these [properties when the said street was formed that a small triangu- lar portion of the allotment of the Scots Church on the south side of Jamison-street should be exchanged for a similar triangular portion of the said allotment of the late Sir John Jamison And whereas it is deemed desirable to give effect to such arrangement 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 : — Power to oonyey 1. Erom and after the passing of this Act it shall be lawful for the tionM^aUotoent trustees or surviving trustee of the Scots Church to convey to the person or persons holding the portion of the allotment of the late Sir John Jamison adjoining that of the Scots Church the triangular portion of that allotment described in the Schedule appended to this Act as lot A on his or their receiving in exchange on behalf of the Scots Church the triangular portion of the allotment of the late Sir John Jamison des- cribed in the said Schedule as lot B. EUEOPEAN AS8UEANCE SOCIETY. 439 2. THs Act shall not be held to affect or invalidate any rights or 30 Victoria. claims either of the GrOTernment or of any private individuals to or This Act not to over the ground of which it legalizes the exchange. 'ff"^ °J j?™'^" rights or claimp. SCHEDULE. Description of lot A, Four and a half perches county of Cumberland parish of Saint Philip city of Sydney being part of the two roods and thirty-nine perches granted to the trustees of the Presbyterian Church Commencing on the southern building-line of Jami- son-street at a point where the south-east boundary -line of the two roods thirty- nine perches as originally granted to the trustees of the Presbyterian Church intersects that building-line and bounded thence on the north by that building- line westerly seventy-four links on the west by the western side of the western end wall of College Buildings and of the wall in continuation thereof enclosing the rear premises being in all a line southerly seventy-five and a half links to the south-east boundary-line aforesaid and on the south-east by that boundary-line bearing north thirty- three degrees thirty minutes east one chain and one link to the point of commencement. Description of lot B. Four and three-quarter perches county of Cumberland parish of Saint Philip city of Sydney Commencing at a point where the south-east boundary-line of the two roods thirty-nine perches as originally granted to the trustees of the Pres- byterian Church meets the northern side of the Old Barrack Wall and bounded thence on the south by the northern side of the wall aforesaid easterly seventy-five links on the east by the western side of the western end wall enclosing the rear premises of College Buildings northerly seventy-six links to the south-east boun- dary-line aforesaid and on the north-west by that boundary-line bearing south thirty-three degrees thirty minutes west one chain and two and a quarter links to the point of commencement. EUROPEAN ASSURANCE SOCIETY. An Act to enable tlie European Assurance Society to sue 27 Victoria. and be sued in the name of such Society. [22 September, 1863.] WHEREAS a joint stock Company has been for some time estab- Preamble, lished in England by the name of the European Assurance Society with power to appoint local boards of directors in any district city town or place iu any colony or possession of the United Kingdom And whereas a local board of the said Society has been duly appointed in the city of Sydney in the Colony of New South "Wales for carrying on and managing for and on behalf of the said Society the business of Life Assurance and Eidelity G-uarantee and all matters connected therewith and for other purposes in connection with the affairs and business of the said Society And whereas it is expedient that provision should be made for enabling the said Society to sue and be sued in this Colony in the name of the said Society Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and con- sent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows : — 1. All actions suits and proceedinffs at law or in equity or in bant- Actions suits , . n , -i -^ " J ■ , -, , J ^ "^ • 1 • ii and prosecutions ruptcy or insolvency to be commenced instituted or carried on m the to be in the Colony of New South Wales by or on behalf of the said Society or name of the wherein the Society is or shall be concerned or interested against any person whether such person shall be a member or proprietor of or in 440 EUEOPEAN ASSUEANCE SOCIETY. 27 VicTOKiA. tte said Society or not shall be commenced instituted presented and prosecuted or carried on in the name of the said Society in the same manner as if the same had been incorporated by such name And aU actions suits and proceedings at law or in equity to be commenced or instituted in the said colony against the said Society by any person whether such person is or shall then be a member or proprietor of or in the said Society or not shall be commenced instituted prosecuted or carried on agaiast the said Society by its name in the same manner as if the same had been so incorporated And all prosecutions to be brought instituted or carried on for fraud upon or against the said Society for embezzlement robbery or stealing any money notes bills effects securities goods chattels or property of the said Society or for any other offences against the said Society shall be so brought or insti- tuted and carried on in the name of the Society as if the same were incorporated and in all indictments and informations it shall be lawful to state the property of the said Society to be the property of the said Society by its name as if incorporated And any offences committed with intent to defraud or injure the said Society shall and lawfully may in such prosecution be laid to have been committed with intent to defraud or injure the said Society by its name as if incorporated And any offender may thereupon be lawfully convicted of any such offence and in all other obligations and indictments informations and other proceedings whatsoever in which in the absence of legislative pro- vision as herein it would have been necessary to state the names of the persons composing the said Society it shall be lawful and sufficient to state the name of the Society and no change in the persons composing the Society shall abate any such action suit proceeding or prosecution. No action against 2. No action or suit against the said Society shall be in anywise afleclSdln^cOTi-^ affected or defeated by or by reason of the plaintiff therein or of any sequence oi tiie other person in whom any interest may be averred or who may be in prepri^rf "^ ^ anywise interested or connected in such action or suit being or having been a proprietor or a partner in the said Society or of such action or suit arising out of the partnership relation of the plaintiff or other person as aforesaid and the Society but any proprietor or partner or late proprietor or partner in the said Society shall and may have the same right of action or suit and remedy to be proceeded in and enforced in the same manner against the said Society which he or they might have had if he or they had been a stranger and not a proprietor or partner in the said Society. No action com- 3. No action or suit commenced by the said Society shall be in Sodety t^^be"^ anywiso affected or defeated by or by reason of the defendant therein affected in con- Or of any other person in whom any interest may be averred or who dejendant°iieing ^^''-y 1*0 in anywise interested or concerned in such action or suit being a proprietor. or having been a proprietor or partner in the said Society or of such action or suit arising out of the partnership relation of the Society and the defendant or such other person but the said Society shall and may have the same right of action or suit and remedy to be proceeded in and enforced in the same manner against any proprietor thereof or late proprietor or partner therein either alone or jointly with any other person or persons which the said Society might have had if such cause of action or suit had arisen with a stranger and not a proprietor or partner in the said Society. Judgments and 4. All and every judgment decree or order made or pronounced in the'society'to'^ any action suit or proceeding in any Court of Law or Equity against PITZaEEALD'8 ENABLING. 441 tte said Society shall have the like effect and operation upon and 27 Victoria. against the property and funds of the said Society and upon and have effect against the persons and property of every proprietor thereof as if aU. g|gj°t* ^^^ the proprietors of such Society were parties before the Court to and in such action suit or proceeding and it shall be lawful for any Court in which such judgment order or decree shall have been made to cause such judgment order or decree to be enforced against all and every or any proprietor of such Society in like manner as if all the proprietors of such Society were parties before such Court to and in such action suit or proceeding. 5. Provided always that nothing herein contained shall extend or be Society not ~~" deemed construed or taken to extend to incorporate the said Society this Act? ^ or to relieve or discharge the said Society or any of the proprietors thereof or subscribers thereto from any responsibility duties contracts or obligations whatsoever which by law they now are or at any time may be subject or liable to either between the said Society and others or between the individual proprietors of the said Society or any of them and others or amongst themselves or in any manner whatsoever except so far as the same is affected by the provisions of this Act and the true intent and meaning thereof. FITZGERALD'S ENABLING. An Act to authorize tlie Executor of tlie last will of 39 Victoria. Robert Fitzgerald to pay and the Trustees of the Hawkesbury Benevolent Society to receive a certain capital sum of money in lieu of an annual payment. [9 February, 1876.] WHBEEAS Eichard Fitzgerald late of "Windsor in the Colony of Preamble. New South "Wales deceased by his last will and testament charged all his personal estate of whatever nature and kind soever with the payment of all his debts funeral and testamentary expenses and legacies and by his said will gave and bequeathed the annual sum of fifty pounds sterling during the life of Eobert Pitzgerald the executor and trustee of his said will unto the treasurer as trustee for the time being of the Hawkesbury Benevolent Society for the use and benefit of and to be applied towards the charitable purposes of the said Society and further by his said will requested the said Eobert Pitzgerald to give a like annual sum and secure the payment of the same after his decease unto the treasurer or trustees of the said Society for the like use benefit and charitable purposes And whereas Eobert Marsden Eitzgerald is the devisee legatee and executor of the last will and testa- ment of the said Eobert Pitzgerald deceased And whereas after the death of the said Eobert Pitzgerald doubts arose as to the liability of the said Eobert Marsden Pitzgerald as such executor to pay to the trustees of the said Society the annual sum of fifty pounds sterling or to make provision for securing the annual payment thereof as aforesaid And whereas in order to remove such doubts a special case was stated for the opinion of the Supreme Court of New South "Wales pursuant to the statute passed in the Session of Parliament holden in the sixteenth year of the reign of Her present Majesty numbered three and intituled An Act i^ MTZG-EEALD'S EISTABLESTG-. 39 Victoria, to diminisli the delay and expense of proceedings in the Supreme Court in its jurisdiction as a Court of Equity and in Infancy and Lunacy And upon the hearing of such special case the said Court decreed that the said Robert Marsden Pitzgerald as the devisee legatee and executor under and of the wiU of the said Robert Fitzgerald was bound to pay and make due provision for and secure the payment in perpetuity to the said Society or so long as it should continue of the annual sum of fifty pounds sterling And whereas the said Robert Marsden Pitzgerald has taken upon himself the burden of the said trust And whereas an Act was passed by the G-overnor and Legislative Council of New South "Wales in the fourth year of the reign of Her'present Majesty intituled An Act to enable the members of a certain Society in the Colony of New South Wales denominated the Hawkesbury Benevolent Society to sue and be sued in the name of their treasurer and for other purposes therein mentioned as amended by an Act passed in the twenty-third year of Her present Majesty intituled An Act to amend the Hawkes- bury Benevolent Society's Act of Incorporation And whereas by the said Acts no provision is made for enabling the trustees or other officer or person for and on behalf of the said Society to compound for any debts due or accruing due to the said Society or to accept a capital sum of money in lieu of any annual payment due and accruing due to the said Society And whereas since the making of the said decree doubts have arisen as to the power of the said Robert Marsden Pitzgerald as such executor to pay to the trustees of the said Society and of the said trustees to receive from the said Robert Marsden Pitzgerald a capital sum to secure the payment of the annual sum of fifty pounds sterling in lieu of the payment annually of the sum of fifty pounds sterling by the said Robert Marsden Fitzgerald to the said Society in perpetuity or so long as the said Society shall continue And whereas the said Robert Marsden Fitzgerald as such executor is willing to pay to the trustees of the said Society and they are willing to receive from the said Robert Marsden Fitzgerald a capital sum of money to secure the payment to them of the said annual sum of fifty pounds sterling on behalf of the said Society as aforesaid And whereas the capital sum of twelve hun- dred and fifty pounds is sufficient to secure the payment of the said annual sum of fifty pounds sterling And whereas it is expedient to remove such doubts and to empower the said Robert Marsden Fitzgerald as such executor as aforesaid and the said trustees respectively to pay and receive that capital sum for the purpose aforesaid 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 : — Power for Robert 1. It shall be lawful for the said Robert Marsden Fitzgerald and he gerawTo w a '® hereby empowered to pay to the trustees for the time being of the the'Hawk™bur Hawkesbury Benevolent Society the capital sum of twelve hundred and Benevoienr ™' fifty pounds to secure the payment in perpetuity to the said Society or Society. gg Jong as it shall continue of the said annual sum of fifty pounds sterling. Power for the 2. It shall be lawful for the trustees of the Hawkesbury Benevolent iSwkelbury''^ Society and they are hereby empowered and required to take and receive Sodirt™receive ^^°^ ^^^ ^^^*^ Robert Marsden Fitzgerald the capital sum of twelve a certain'smif '™ hundred and fifty pounds in lieu of the annual payment by him as such MaSdra'^Ktz- executor to them on behalf of the said Society of the said sum of fifty geraid. ' pounds sterling and to secure the payment in perpetuity to the said PITZ&EEALD'S ENABLINa. 443 Society or so long as it shall contimie of tlie said animal sum of fifty 39 Victoeia. pounds sterling anything in the Act four Victoria number three to the contrary notwithstanding. 3. The payment by the said Eobert Marsden Ktzgerald of the said Payment to the capital sum to the trustees of the said Society shall be an absolute jisehargeKobert discharge to him his heirs executors and administrators and of the Marsden Fitz- lands estate and effects of him the said Robert Marsden Fitzgerald his ^^'^ heirs executors and administrators and of the lands and estate of the said Richard Ktzgerald and Robert Mtzgerald respectively and shall absolutely release him the said Robert Marsden Pitzgerald his heirs executors and administrators from all action or actions suit or suits claims or demands of any kind whatever for or on behalf of the said Society in respect of the said annual payment by him as such executor or otherwise to the treasurer or trustees for the time being of the said Society of the said annual sum of fifty pounds sterling. 4. The receipt of the trustees for the time being of the Hawkesbury Eeoeiptof tras- Benevolent Society of the said capital sum from the said Robert eTischarge'them.'' Marsden Pitzgerald shall discharge them their heirs executors and administrators from all liability in respect of the payment by the said Robert Marsden Ktzgerald to the treasurer or trustees for the time being of the said annual sum of fifty pounds sterling. 5. After the payment by the said Robert Marsden Eitzgerald of the No action shall said capital sum to the trustees for the time being of the said Society ^ ™^^ no action or other proceeding whatever at law or in eq^uity shall be maintainable or commenced against him the said Robert Marsden Fitzgerald his executors or administrators by or on behalf of the said Society in respect of the non-payment by him or them to the said trustees or treasurer for the time being for and on behalf of the said Society of the said annual sum of fifty pounds sterling or in respect of the securing the payment in perpetuity by him his executors or administrators to the said trustees or treasurer of the said Society or so long as it may continue of the said annual sum of fifty pounds sterling and if any such action or other proceeding shall be commenced in violation of this enactment the same may summarily be stayed by order of the Supreme Court of JSTew South Wales or any Judge thereof with costs to be paid by the plaintiff or any person or persons prose- cuting or bringing such action or proceeding to the said Robert Marsden Ktzgerald his executors and administrators when taxed as between attorney and client. 6. Provided always and it is hereby expressly declared that the said said sum only to capital sum shall vest in the trustees for the time being of the said ™i*n°^it'con- Society only so long as the said Society shall continue to exist And tinues to exist. when and so soon as the said Society shall cease to exist or be dissolved the said capital sum shall immediately revest in the said Robert Marsden Ktzgerald his executors or administrators and thereupon he or they shall be entitled to sue for and recover the same in any Court of competent jurisdiction from any person or persons or bodies cor- porate who may then hold or be possessed of or have the control of the said capital sum. 7. The said capital sum shall be forthwith invested by the said Capital sum to trustees in Government debentures of New South "Wales in the name debentures in of the Hawkesbury Pitzgerald Legacy Kind. "^'t^i" °™«' 8. This Bill may be cited as the " Pitzgerald's Enabling BUI." short title. 444 Preamble. FITZ ROY IRON WOEKS COMPANY. 29VICTOMA. An Act to establish and incorporate a Company to be called the Eitz Eoy Iron Works Company. [21 June, 1865.] WHEEEAS a Joint Stock Company called tlie Eitz Eoy Iron Works Company tas been established at Mittagong in the Colony of New South Wales for the purpose of mining smelting and working the ore and minerals the produce of their estate at Mittagong and for the manufacture of the same and the sale and disposal of the produce of the said estate and the future property of the said Company under the proTisions of an indenture or deed of settlement made in the year of our Lord one thousand eight hundred and sixty And whereas the provisions of the said deed of settlement have been found inconvenient for the working of the said Company and it is desirable that the said deed of settlement should be cancelled and that the said Company should be established and carried on under the provisions herein con- tained And whereas it is expedient that the said Company should be established and incorporated for the purposes herein mentioned and that the liabilities of the shareholders should be limited in the manner herein mentioned Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legis- lative Council and Legislative Assembly of New South Wales in Parlia- ment assembled and by the authority of the same as follows : — ■ 1. Eor the purposes of this Act the following words in inverted commas shall unless the context otherwise indicate bear the meanings set against them respectively : — ■ " Company" — The Company hereby established and incorporated " Directors" — The directors of the said Company for the time being "Board" "Board of Directors" — The directors present at any meeting of directors to be held pursuant to the provisions herein contained " Secretary" — The secretary of the said Company for the time being " Shareholder" — The owner of shares in the capital or joint stock for the time being of the said Company " Share" — A share in the capital or joint stock for the time being of the said Company. 2. Prom and after the passing of this Act the said deed of settle- ment shall be deemed to be cancelled and made void Provided always that nothing in this Act contained shall prejudice or be deemed to prejudice any right liability or claim or any contract or other act deed matter or thing now existing or entered into made or done under or by virtue of the said deed of settlement or otherwise before this Act shall come into operation but the same right liability claim contract act deed matter or thing shall be as valid and effectual to all intents and purposes as if this Act had not been passed and any such right liability claim or contract may be enforced by and against the Company hereby established in like manner as if it had occurred arisen or been entered Interpretation. Deed of settle- ment cancelled. PITZ EOT lEON WOEKS COMPANY. 445 into and made after the passing of this Act And any suit action or 29 Victokia. other proceeding which shall at the time of the passing of this Act be depending by or against the said Com-pany or the trustees thereof shall on the suggestion or allegation of the establishment and incorporation of the Company be continued and prosecuted by or against the Com- pany hereby established in the manner hereinafter provided as to suits actions and other proceedings by and against the Company after the passing of this Act. 3. All persons who at the time of passing this Act are proprietors company of shares of or in the capital stock of the said Company under the said ""Jorporatcci. deed of settlement and all persons who shall in the manner hereinafter provided become shareholders in the Company hereby established and their several and respective executors administrators and assigns shall be and the same are hereby united into a Company for the purpose of mining smelting and otherwise working the iron and other ores coal and other minerals the produce of the said lands situate at Mittagong aforesaid and of any future property of the Company hereby established in the Colony and for the refining manufacture sale and disposal of the same and for that purpose shall be one body corporate by the name and style of the Fitzroy Iron "Works Company and by that name shall and may have perpetual succession and a common seal and shall and may sue and be sued plead and be impleaded answer and be answered unto defend and be defended in all Courts and places whatsoever And any summons or other writ and any notice or other proceeding which it may be requisite to serve upon the Company may be served upon the chairman or the secretary or any director of the Company. 4. The Company shall have power to purchase and hold lands for Power to hold the use of the Company and also to sell and dispose of the said lands '^""^'^^ again without incurring any forfeiture or penalties and all lands tene- ments hereditaments mortgages leases agreements mines minerals and all other property of whatever nature now belonging to the said Com- pany under the said deed of settlement or vested in trustees for them shall on the passing of this Act be vested in and become the property of the Company as hereby established subject to all charges claims and demands in anywise affecting the same. 5. The ordinary business of the Company shall be managed by a Management oJ board of directors to be composed as hereinafter mentioned subject to Co^np^ny- such limitations as hereinafter specified and with such powers of elect- ing a chairman and appointing a secretary and other ofilcers and servants required for conducting the afEairs of the Company as herein- after contained and it shall not be lawful for individual shareholders to interfere in any way in the management of the affairs of the Company except as hereinafter specially provided. 6. The business of the Company shall be carried on at such place or piaoe o£ places in New South Wales as the Board shall from time to time ''"siness. appoint. 7. The capital stock or fund of the Company shall consist of the capital, sum of sixty thousand pounds sterling but the amount of such capital may from time to time be increased or diminished in manner herein- after provided. 8. 80 soon as the Company shall make a profit on their transactions Reserve fund, after providing for paid-up capital and on every half-year thereafter when the operations of the Company shall result in a profit a sum not 446 I'lTZ EOT lEON "WOEKS COMPANY. 29 Victoria, less than ten pounds per centum of the amount of suoli profit according to the recommendation of the Board shall he carried to th'e credit of an account to be called the reserve fund and the reserve fund shall be applicable to the meeting of any extraordinary losses and to the erection of new works and to the equalization of dividends Provided that not any part of such reserve fund shall be distributed by way of dividend or bonus until it shall amount to a sum equal to the then paid-up capital but after it shall have exceeded that amount it shaU be lawful for the Board to recommend to a half-yearly meeting to declare a bonus out of such reserve fund to be payable to the shareholders providing the payment of such bonus shall not reduce the said reserve fund below the amount of the said paid-up capital. Division of 9. The said capital sum of sixty thousand pounds sterling shall be capital. divided into twelve thousand shares of five pounds each and the said shares shall be deemed to be fully paid-up and shall be and are hereby vested in the shareholders of the said Company Provided that no body corporate shaU hold any shares in the Company. siiares to be 10. AH shares in the capital of the Company shall be deemed per- personaity. sonal estate and shall be transferable and transmissible as such under and subject to the provisions of this Act and shall not be of the nature of real estate. Liabiiitydefined. H. Every shareholder shall have a separate and distinct right to his share for the time being in the capital of the Company and shall be entitled to and interested in the profits of the Company in proportion to the number of shares held by him but subject nevertheless to the provisions herein contained and with respect to the debts liabilities or obligations incurred on behalf of the Company after the passiag of this Act shall be liable only to the extent of twice the amount of the share or shares of which he shall be the holder that is to say for the amount subscribed and for a further additional amount equal thereto. Share register to 12. The names and places of abode of shareholders together with be kept. ^-^^ number of shares held by each of them shall from time to time be entered and written in a book to be kept for that purpose to be called the share register and every shareholder who shall at any time change his name or place of abode or being a female shall marry and the assignee or trustees of every shareholder who shall become insolvent and the committee of every shareholder who shall be duly found a lunatic and the executor or administrator of every shareholder who shall die shall immediately upon and after the occurrence of the said event respectively leave a written notice at the head office of the Com- pany stating his or her name or new name and place of abode and when a female shareholder shall have been married then the name and place of abode of her husband and the share register shalllie prima facie evidence of the amount of stock held by each shareholder respectively and the same shall be open to the inspection of the several shareholders at all reasonable times. Share register 13. Every person who shall be so registered a shareholder shall as fnterest? °' between him and the Company be a shareholder of the Company to all intents and purposes in respect of the shares in respect oi which he shall be registered and the share register shall as between the Company and any person claiming to be a shareholder be primd facie evidence on behalf of the Company to show who is a shareholder and the extent of his interest. MTZ EOT lEON WOEKS COMPANY. 447 14. When any shares shall be Tested in two or more persons jointly 29 Victoria. or in common or otherwise the one of such persons or the survivor of shares jointly them whose name shall stand first in the share register as one of the ''®'''- holders of such shares or the sole survivor of such two or more persons shall be considered and deemed the holder of such shares for the purpose of voting and receiving dividends and of receiving any notice that may be required to be given but all such joint or other shareholders shall be liable jointly and severally to the several obligations arising from the proprietorship of the said shares and the service of notice upon any or either of them shall be deemed good notice to all of them Provided that in case of the absence of the first named of such joint shareholders the other appearing next upon the share register as joiat holder shall be allowed to vote in respect of the shares so held. 15. Every shareholder who may be indebted to the Company shall Shareholders not upon demand pay to the person duly authorized by the board in that shfp against ^^^' behalf such debt or such part thereof as may at the time be due and Company's payable and shall be so demanded and shall not set up or claim by way ° ^'™' of set-ofE or otherwise as an answer to such demand any claim that he may have against the Company in relation to the partnership existing by virtue of this Act and in case any such shareholder shall make default in payment of the debt which may be so due and demanded of him then the amount of such debt may under the order of the board be recovered from such shareholder his heirs executors or administrators as liquidated damages. 16. Whenever a shareholder either by himself or jointly with any Liabiuties to other person and whether directly or indirectly shall become a debtor to p^Smomit" ^^ the Company or shall be under engagements to the Company of any charges on kind such debts and engagements shall be first and paramount charges ^ *'^^' upon the shares of such shareholder and upon the dividends or interest accruing therefrom and shall have precedence of the rights of all other creditors of such shareholders and his assigns voluntary and legal and it shall be lawful for the board if they see fit to prohibit and restrain the transfer of the shares of such shareholder or the payment of the dividend accruing thereon until all and every -such debts and engage- ments shall have been fully paid and satisfied and if such shareholder shall fail within a time to be fixed by the board to pay and satisfy all such debts and engagements the shares of such shareholder or a suffi- cient portion thereof to satisfy the said debts and engagements shall thereupon become forfeited to the Company and it shall be lawful for the board with or without notice to such shareholder absolutely to sell the said shares or so many thereof as shall be necessary and sufficient for the said purpose by public auction or private contract and to apply the proceeds thereof together with the dividends and interest due thereon in liquidation of such debts and engagements and the balance of the net proceeds of any such sale shall be paid over to the late holder of such shares or his legal representatives Provided nevertheless that the board may if they think fit upon the application of the shareholder or late shareholder discharge any share or shares from forfeiture and restore the same or any part thereof to such shareholder on such terms as they may think fit and in the event of such discharge the forfeiture shall be held not to have occurred and the rights and liabilities of the share- holder making default not to have been in anywise afEected And provided further that it shall be lawful for the board if they think fit instead of declaring such share or shares to be forfeited to enforce payment 448 I'lTZ EOT lEOJSr WOEKS COMPANY. 29 VicTOEiA. as aforesaid with interest as herein, provided or to sell so many only of the shares of any shareholder so making default as may he necessary and sufficient to pay the amount payable upon the whole of such shareholder's shares and all ex2:)enses costs and charges to be in- curred by reason of such default and sale as aforesaid. tK^feraWe ^^- ^^ ^^^^^ ^® lawful for any shareholder with the consent of the board but not otherwise to sell and transfer all or any of his shares subject to the provisions herein contained and to the payment of such fees as they may determine but not any fractional part of a share shall be transferable provided that every such transfer shall be by deed in which the consideration shall be stated and such deed may be according to the following form or in such other form as the board shaU. from time to time determine and the execution thereof be duly attested to the satisfaction of the board Provided that no shares shall be trans- ferred after any contribution has been demanded or other claim made untU. such contribution or claim has been paid with all interest due thereon. No. Form of transfer. The Pitzroy Iron "Works Company. Transfer of Shares £ Know all men by these presents that of in consideration of the sum of to him paid by of do hereby bargain sell and assign unto the said his executors administrators and assigns shares of the said of or in the capital stock of the Pitzroy Iron Works Company upon which the sum of pounds each share has been paid up To hold the same under and subject to the conditions provisions and regula- tions in the Act of Incorporation of the said Company con- tained and other the conditions and regulations for the time being in force respecting such shares and the said doth hereby accept the said shares under and subject to the said conditions provisions and regu- lations As witness the hands and seals of the said parties the day of A.D. 18 . Reifisterof tons- 18. Every deed of transfer when duly executed shall be delivered to '^"^^ the Secretary who shall enter a memorial thereof in a book to be called the register of transfers and shall indorse a memorandum of such entry on the deed of transfer and until the purchaser or trans- ferree shall have been approved of by the board and such registration and indorsement shall have been made the vendor or transferror of such shares shall continue to be liable to the Company upon such shares an^ the purchaser or transferee shall not be considered a shareholder nor be entitled to receive any portion of the profits of the Company nor to vote in respect of such shares. cioBing- register 19. It shall be lawful for the Board to close the register of transfers of transfers. ^^^ ^ period not exceeding fourteen days previous to each half-yearly meeting of the Company and any transfer made during the time when the transfer books are so closed shall as between the Company and the party claiming under the same but not otherwise be considered as made subsequently to such half-yearly meeting. FITZ EOT lEON WOEKS COMPANY. 449 20. If the interests in any shares has become transmitted in conse- 29 Victoria. quence of the death or insolvency of any shareholder or in consequence Transmission oi of the marriage of a female shareholder or by any other lawful means thSy'transfer! than by a transfer according to the provisions of this Act such trans- mission shall be authenticated by a declaration in writing as hereinafter mentioned or in such other manner as the board shall require and every such declaration or other authentication shall state and shew the manner in which and the party to whom such shares shall have been so transmitted and shall be made and signed by some credible person before a Justice of the Peace or Notary Public and such declaration or other authentication shall be left with the Secretary and upon the same being deemed satisfactory by the Board he shall enter the name of the person entitled under such transmission in the share register and until such transmission has been so authenticated and such entry made no person claiming by virtue of any such transmission shall be entitled to receive any share of the profits of the undertaking nor to vote in respect of any such share as the holder thereof. 21. If such transmission be by virtue of the marriage of a female Evidence of shareholder the said declaration or other authentication shall contain a i si • copy of the register of such marriage or other particulars of the celebra- tion thereof and shall declare or show the identity of the wife with the holder of such shares and if such transmission have taken place by virtue of any testamentary instrument or by intestacy the probate of the wiU or the letters of administration or an official extract therefrom shall together with such declaration or other authentication be pro- duced to the secretary and upon such production in either of the cases aforesaid the secretary shall make an entry of the declaration or other authentication in the said register of transfers. 22. The Company shall not be bound in any manner by any trusts Company not or equitable interests affecting any shares of the capital standing in the ^°^'"^ ^^ trusts, name of any person or to take notice of any such trusts or equitable interests but the receipt of the shareholders in whose name the shares shall stand in the books of the Company or in the case of shares jointly held the receipt of the shareholder whose name shall be first stated on the said books shaU notwithstanding any such trust or equitable interest and notice thereof to the Company be a good and sufficient discharge for the money which may become payable by the Company in respect of the shares standing in the name of such shareholder or shareholders respectively and the Company shall not be bound to see to the application of the money paid upon such receipt and a transfer of the shares by such shareholder or first-named shareholders shall when complete be binding and conclusive against all persons claiming by virtue of such trusts or eg^uitable interests whether the Company shall or shall not have had notice of such trust or equitable interest Provided however that when the Company shall have had such notice it shall be in the discretion of the Board to refuse to sanction any such transfer and to require the concurrence of the person or persons so claiming and in case such sanction shall be refused then any deed or instrument whereby the transfer of such shares shall be attempted shall be wholly inoperative and provided also that when the Company shall have had such notice it shall in like manner be in the discretion, of the Board to refuse to pay any dividend or bonus to the legal share- holder without the concurrence of the person or persons claiming in respect of such trust or equitable interests. 21- 460 PITZ EOT lEON WOEKS COMPANY. Deeds and evidences of transfer to be kept by Com- pany. Exoneration of shareholders on transfer. List of share- holders to be recorded. 29 Victoria. 23. Every deed or instrument of transfer and every other deed or instrument in writing on whicti tlie right of any shareholder may be founded or an attested copy of every such last-mentioned deed or instrument shall be deposited and kept at the office of the Company and no such deed or instrument of transfer shall be valid or effectual until so deposited but every such shareholder shall be entitled at aU times by writing under his hand to require the same to be produced and shown to himself or such person as he shall require on payment of all reasonable costs and charges attending the production and showing of the same. 24. Upon the completion of the transfer of any shares and on the approval of the transferee by the board the previous holder of such shares shall as between himself and the other shareholders be exonerated and released from all claims and demands obligations and liabilities in respect of such shares and the person to whom such transfer shall be made shall have the same privileges and be subject to the same liabilities as the original shareholder. 25. The secretary or in case there shall not be any secretary then the chairman of the Company shall within thirty days from and after the first day of January in each and every year or so soon thereafter as may be practicable cause a true and correct list of the names of aU the persons who shall be then existing shareholders of the Company with their respective places of abode and descriptions verified by a declaration to be made by such secretary or chairman before a Justice of the Peace or a Notary Public to be recorded in the office for the Eegistry of Deeds in the Colony and the same shall be open for inspec- tion at all reasonable times by any person requiring the same on the payment of a fee of one shilling for each inspection and if any such secretary or chairman shall omit or neglect to cause such a list to be recorded in manner aforesaid or shall wilfully falsify any such list he shall be subject and liable to a penalty of one hundred pounds to be recovered in an action of debt in the Supreme Court by any person who shall sue for the same Provided always that such action shall be com- menced within two years from the time the offence shall be alleged to have been committed. Kecorded list to 26. Every person whose name shall be so recorded as aforesaid shall shareholders" ^6 considered taken and held to be a shareholder of the Company and shall be liable as such until a new list of names of the shareholders of, the Company shall be recorded as aforesaid or until he shall have given notice in the Government Gazette of his retirement from the Company. Provided however that nothing herein contained shall be deemed or construed to absolve any person from liability on account of any debts incurred by the Company during the time such person remained a shareholder or to render any individual shareholder liable for any debts incurred by the Company except so far as he may be liable under the provisions of this Act. Mters^a""""^' .^'^" ^^^ shares forfeited in pursuance of any provision herein con-' tained shall at any time or times after such forfeiture in the discretion of the board be disposed of by public sale or private contract to such' persons as may be willing to accept the same and thereupon a transfer or assignment of such shares shall be made by the direction of the board to the purchaser thereof by the chairman of the Company or by such director as the board may for that purpose appoint Provided PITZ EOT lEON WOEKS COMPAJ^T. ^31, nevertheless that it shall be lawful for the hoard to withhold anj such 29 Viotoeia. forfeited shares from immediate sale and to retain the same for such time as they may think fit in every case in which it is hereby made competent to the board to discharge such forfeiture and in which they shall think it probable that an application for such discharge will be made by the shareholder or late shareholder and that it would be proper to discharge the same upon such application being made and in case of forfeiture for non-payment of contributions debts or shares the pro- ceeds arising from any such sale shall be applied in payment of the contribution debt or shares in respect whereof default shall have been made and the surplus thereof if any after deducting the expenses of such sale shall be placed to the credit of such defaulter with the Company. 28. All premiums on the sale of new shares and the proceeds of aU Appropriation ot forfeited shares excepting as hereby otherwise provided and all divi- claimed dends remaining unclaimed for the period of seven years after the same p™^i("et^ ^"^ shall be declared and also all damages and penalties which may be re- covered from time to time under the provisions of this Act or under any by-laws or regulations which may be hereafter made in pursuance thereof shall be appHed in augmentation and appropriated as part of the Eeserve Pund. 29. A divided shall not be paid in respect of any share upon which Dividends not any claim or contribution shall be in arrear until such claim or con- shares in arrear. tribution and interest thereon shall have been duly paid and satisfied but it shall be lawful for the board unless they shall declare a forfeiture of such shares to retain such dividends on account of such claims or contributions and interest or on account of any debt due to the Com- pany unto, the same shall have been paid and the holder of the share or shares in respect of which the same shall have accrued shall not be entitled to claim interest on the amount of such dividends during the time they shall have been so retained by the Company and upon the forfeiture of such shares being declared such dividends shall be appro- priated in augmentation of the Eeserve Pund. 30. A general meeting of the shareholders of the Company for put- General ting this Act into execution shall be held at the ofiices of the Company ™^^''"b^- in Sydney or at some other convenient place within the city of Sydney within two months after the passing of this Act between the hours of ten in the forenoon and four in the afternoon and the future general meetings of the Company shall be held half-yearly at the office of the Company or at some other convenient place within the city of Sydney on such day as the board of directors of the Company shall appoint in the respective months of January and July in each year. 31. The directors who at the time of the passing of this Act shall Present directors be managing the affairs of the said Company under the said deed of tenera?meeting settlement shall retire from such management at the flr.^t general meet- ° ing to be held as hereinbefore mentioned but may be elected directors at such meeting under the provisions hereinafter contained And the secretary and all other officers and servants of the said Company shall continue in their several duties and employments as officers and servants of the Company hereby estabhshed in the same manner as if they had been appointed under the provisions of this Act. 32. The business of every half-yearly general meeting shall be to Business of half- receive and consider the report of the board to be then made to declare ^^'"^ ^ ™^° '"^^' 452 PITZ EOT lEON "WOEKS COMPANY. Special general meetings. Convening of meetings. Evidence of notice. 29 Victoria, a dividend out of profits to fill up tlie vacancies wHcli shall then exist or take place in tlie board and to consider and decide upon such matters and things as may be brought forward by the board relating to the affairs of the Company and upon such other matters and_ things as may be brought forward by any shareholder who shall have given to the Board fourteen days' previous notice of his intention to bring such matters and things forward at such meeting. 33. Special general meetings of the shareholders shall subject to such notice as is herein required be held at such times and places as the board may determine and also if any number not less than ten of the shareholders holding not less than one thousand shares in the capital of the Company shall at any time by writing under their hands require the board to call a special general meeting for any purpose re- lating to the Company it shall be incumbent on the board to call the same and in the event of their non-compliance the said shareholders may call such meeting by circular under their own hands. 34. Every general or special general meeting ofthe shareholders (not being an adjournment) shall be convened by a notice of not less than fourteen days and such notice may be given either by advertisement in one or more Sydney daily newspapers or by circular letter addressed to each shareholder at his last known place of residence as herein provided and every such notice shall state the day hour and place of meeting and also the business to be transacted thereat. 35. A solemn statutory declaration by the secretary that the said letters were to the best of his knowledge and belief written and addressed in conformity with the provision hereinbefore contained and that they were delivered out by him for the purpose of being despatched by post or otherwise according to their respective addresses and that he verily believes that the same were respectively put into the post office or delivered at or before the times r-espectively herein required for the giving of the notices conveyed by such letters shall be con- clusive evidence of the due service of the notice in respect of which such declaration shall be so made. chairmansiiip of 36. The chairman elected by the board as hereinafter provided if meetmgs. present shall unless he decline to do so preside at all half-yearly general meetings and in case of his absence or declining to preside and at all special general meetmgs the shareholders present and qualified to vote shall elect as chairman a shareholder present and qualified to vote And on all questions submitted to any meeting the chairman presiding shall have a casting vote in addition to his votes as a shareholder. 37. Minutes of all the proceedings of every general meeting and special general meeting shall be entered and kept in the minute book of the Company and shall be signed by the person presiding at such meet- ing the said minutes having first been read over to the meeting And such minutes shall be full and conclusive evidence that the proceedings therein recorded took place at a general or special general meeting duly- called and held pursuant to this Act and that the person whose name shall be subscribed thereto was the chairman thereat and that he signed such minutes and such minutes shall be binding and conclu- sive on the shareholders and all other persons claiming any interest in respect of any shares in the capital of the Company. 38. At any meeting of shareholders all elections and other questions and matters submitted for determination shall primarily be decided by Minutes of meet- ings. Determination of questions. PITZ EOT lEOJSr WOEKS COMPANY. 453 tlie required majority in number of persons present and qualified to vote 29 Victoria, on a stow of hands but if four shareholders present qualified to vote shall demand a ballot such ballot shall be taken accordingly. 39. No shareholder shall be qualified to vote unless he shall have ^0"^"^.°**'™ °* been a registered shareholder for two months in respect of the shares for which he claims to vote nor if he be in arrear of any payment due to the Company whether for shares contributions or otherwise. 40. Shareholders shall be entitled to one vote for every ten shares proportion of registered in their names respectively up to one hundred and to an ad- ™'^^ '""^ shares, ditional vote for every twenty shares up to two hundred and to an ad- ditional vote for every twenty -five shares over two hundred Provided that they shall have held such shares for at least two months. 41. "Whenever a ballot shall be demanded two shareholders shall be proceedings on chosen by a majority of shareholders present as scrutineers who shall ballot, retire and investigate the ballot-papers and report to the meeting the result of such ballot and the said result shall be declared by the chair- man and entered in the minutes as the decision of the meeting. 42. Any shareholder qualified to vote who shall be absent from any Vote by proxy, meeting may give his or her vote or votes by proxy in writing under his or her hand provided that the person appointed to act as such shall be a shareholder qualified to vote and provided always that if two or more proxies by the same shareholders shall be presented at any meeting all such proxies shall be null and void. 43. Every proxy shall be in the form or to the effect following — Form of proxy. I of hereby appoint _ my proxy to vote and act for me and in my name at the general meeting of the shareholders of the Fitz Eoy Iron Worts Com- pany to be held on the day of and at every adjournment thereof Dated this day of one thousand eight hundred and 44. Every shareholder who shall have appointed such proxy as afore- Effect of proxy, said shall for the purposes of the meeting be considered as present by such proxy and all the votes and acts of the proxy in that capacity shall be as valid and effectual as the acts and votes of the shareholder ap- pointing him would have been if such shareholder had been present and had personally voted at any such meeting. 45. Any person authorized by letter of attorney under the hand and powers of seal of any shareholder absent from the Colony shall be entitled to attorney, attend vote and act at any meeting of the said Company provided that he shall have produced the said letter of attorney to and left an attested copy thereof with the chairman or secretary at least twenty-four hours before such meeting. 46. An abstract of the names of shareholders with the number of Abstract of votes to which they are respectively entitled shall be prepared from the be^prepwid for" share register by the secretary for every meeting of shareholders and in meetings. case any doubt or controversy shall arise at any meeting as to the num- ber of votes to which any shareholder may be entitled the same shall be determined by reference to the said abstract from the share register which shall be conclusive evidence. §54 FITZ EOT lEON WOEKS COMPANY. 29 ViCTOKIA. Quorum of share- holders. Special general meetings to expound Act or rules. 47. No meeting of shareholders shall proceed to business unless ten shareholders be present representing one-fourth of the paid-up capital But if a sufiELcient number of shareholders be not present within one hour after the time appointed for holding such meeting the same shall stand adjourned to such other day and hour and from time to time as the board may appoint. 48. The board either Toluntarily or upon the requisition of any ten shareholders holding in the aggregate not less than one thousand shares may at any time call a special general meeting in manner herein appointed for the purpose of expounding and determining the true meaning and construction of the several clauses and provisions of this Act or of any rules or regulations of the Company and the sense and meaning given by the majority of the persons entitled to vote at such meeting to any clause or provision of this Act or any rules or regulations of the Company shall as between the shareholders be deemed the true sense and meaning thereof. 49. A general or special general meeting shall have full power to supervise regulate and control all the affairs management capital and concerns of the Company and also to confer such further authorities upon the Board as shall be then determined upon. 50. If it shall appear to any general meeting desirable that the Com- pany's affairs should be more fully investigated it shall be lawful for such general meeting either to direct the auditors appointed as herein- after provided to inquire into and report upon the affairs of the Com-, pany generally or in their discretion to appoint any two or more share- holders as special auditors with the like powers for that purpose. 51. No election resolution or proceeding made or passed at any general or special general meeting shall be impeached or invalidated on the ground that any person voting was not entitled to vote thereat or on account of any informality or irregularity in the proceedings thereof unless objection shall be taken in writing and left at the office of the Company within fourteen days after such meeting and shall be there- after substantiated to the satisfaction of the Board. 52. At the first general meeting of shareholders to be held after the passing of this Act as hereinbefore mentioned five shareholders duly qualified as hereinafter provided shall be elected directors of the Com- pany in manner hereinafter mentioned and shall constitute the Board of Directors of the Company of whom any three shall form a quorum and shall possess and exercise all the powers herein conferred on the Board and shall subject to the provisions of this Act respectively con- tinue in olE.ce until retirement as herein provided. 53. At every half-yearly general meeting to be held in the month of January in every year as hereinbefore provided one of the said five directors shall retire from office the order of such retirement to be decided by lot in such manner as the board may determine and the director so retiring shall not be eligible for re-election for one year and some other shareholder duly qualified shall be elected in the place of the director so retiring. Eetirement of 54. When all the said five directors shall have retired under the pro- toe^otorl"' visions hereinbefore contaiaed then at every subsequent half-yearly general meeting to be held in the month of January in every year the director who shall have been longest in- office or the person appointed Powers of meetings. General meeting may investigate affairs. Limitation of objections to proceedings of meetings. Election of first directors. Retirement of first directors. PITZ EOT lEON WOEKS COMPANY. 455 in his stead as hereinafter provided shall retire from office and shall not 29 Victokia. be eligible for re-election for one year hnt some other shareholder duly qualified shall be elected in the place of the director so retiring. 55. The directors shall be selected from such of the shareholders as Qualification and shall be and for three months preceding have been possessed of not less disqualification than one hundred shares in the capital of the Company But every director shall cease to be or act as a director on ceasing to be possessed of one hundred shares on becoming insolvent on compounding with his creditors or upon absenting himself from board meetings for a longer period than one month at any one time vrithout permission from the board. 56. A shareholder shall not be eligible for election to the office of Candidates for director unless he shall fourteen days previous to such election have left gSvl^notice'^ *° a written notice addressed to the board at the head office of the Com- pany of his intention to become a candidate for such office. 57. The yearly sum of four hundred and fifty pounds sterling shall Eemuneration of be paid to the directors out of the funds of the Company as a remuner- directors, ation for their services and such remuneration shall be distributed among the directors iu such manner and proportions as the board shall at their first meeting in each year determine. 58. A director shall not vote at the board upon any application for interest to dis- the transfer of shares or upon any other proposition wherein he himself S"*''?' ™*^^ "* shall be interested. 59. The board shall from time to time from amongst their own body chairman of elect a chairman of the Company and such chairman shall continue in *^°™P™y- office until the expiration of his then term of office as director and in all cases where there shall be an equality of votes either at the board or at any general meeting the chairman shall have a casting vote in addition to his own vote as director or shareholder. 60. The board shall have the general management and superintend- Powers of board, ence of the affairs of the Company as hereinbefore mentioned and shall appoint a secretary and all officers and servants required for conducting the business and works of the Company and may purchase or rent lands houses or offices or mines or veins of minerals and erect buildings or other structures for any of the purposes for which the Company is hereby incorporated and shall exercise all other the powers of the Company except as to such matters as are directed by this Act to be transacted by a general meeting of the shareholders but aU the powers so to be exer- cised shall be exercised in accordance with and subject to the provisions of this Act and the exercise of all such powers shaU. be subject also to the control and regulation of any general meeting specially convened for the purpose but not so as to render invalid any act lawfully done by the board prior to any resolution passed by such general meeting. 61. The board shall have the custody of the common seal of the Custody and.use Company and have power to use the same for the affairs and business °' ^''*'' of the Company and under such seal to authorize any person without such seal to execute any deed or deeds and do such other matters as may be required to be done on behalf of the Company but it shall not be necessary to use the said seal ia respect of the ordinary business of the Company. 62. The Board shall cause correct minutes of their proceedings to be Minutes of board entered in a book to be kept for that purpose and called the minute book meetings. 456 PITZ EOT lEON WOEKS COMPANY. Eegulations by board. 29 ViOTOKiA. and such minute book shall contain the names of the directors present and be read over at the succeeding meeting and if confirmed signed by the person presiding at such meeting and such minutes shall befull and conclusive evidence that the proceedings therein recorded took place at a meeting of the board regularly called and that the person whose name is subscribed to such minutes did sign and vs^as duly authorized by the board to sign the same and such minutes shall be held to be sufficient authority for every act deed matter or thing that may be lawfully done in pursuance thereof and such minutes so signed shall be received as evidence in all Courts and before all Judges Justices and others with- out proof of such respective meetings having been duly convened and held or of the persons making or entering such orders or proceedings being shareholders or directors or of the signature of the chairman or of the fact of his having been chairman all of which last-mentioned facts shall be presumed until the contrary be proved. 63. The board may from time to time make such regulations not inconsistent with this Act for their own proceedings and the despatch of business and also appoint such times for their ordinary and special meetings as they shall think fit Provided that there shall be at least one ordinary meeting in each week but any two directors may at any time by writing under their hands convene a special meeting of the board for the consideration of any matter relating to the business of the Company provided that the object of such meeting be expressly stated in the notice convening the same and that such notice be left at the usual places of residence or business of the other directors not less than twenty-four hours before the time specified for holding such meeting. 64. Every resolution order or direction made and passed or given at any meeting of the board shall be liable to be rescinded amended or altered at any other meeting Provided notice shall have been given at a previous meeting of the intention to move the rescission amend- ment or alteration of such resolution order or direction and provided also that no such rescission amendment or alteration shall invalidate any act matter or thing in the mean time done or submitted to under or in consequence of such resolution order or direction. 65. The power of the board to make contracts on behalf of the Com- pany may lawfully be exercised as follows (that is to say) — With respect to any contract which if made between private persons would be by law required to be in writing and under seal the board may make such contract on behalf of the Company in writing and under the common seal of the Company and in the same manner may vary or discharge the same. "With respect to any contract which if made between private persons would be by law required to be in writing and signed by the parties to be charged therewith the board may make such contract on behalf of the Company in writing signed by any two of the directors and in the same manner may vary or discharge the same With respect to any contract which if made between private persons would be by law valid although made by parol only and not reduced into writing the board may make such contract on behalf of the Com- pany by parol only without writing and in the same manner may vary or discharge the same And all contracts made according to the pro- visions herein contained shall be effectual in law and shall be binding upon the Company and their successors and all other parties thereto their heirs executors or administrators as the case may be and on any Eegolution of board liable to alteration. Contract by Company how made. FITZ EOT lEON WOEKS COMPANY. 457 default in the execution of any such contract either by the Company 29 Victoria. or any other party thereto such action or suit may he brought either by or against the Company as might be brought had the same contracts been made between private parties only. 66. The board shall have full power to make sign seal and execute Board may deie- or to authorize empower and direct the chairman for the time being of ^**^ authonty. the Company to make sign seal and execute any power or letter of attorney for enabling any person or persons jointly or severally to act on behalf of the Company in any transaction matter or thing which shall be stated therein and also if need be to authorize and empower such their attorney or attorneys to sign seal deliver and execute in due form of law any deed or deeds which may be expedient on behalf of the Company and to empower such attorney or attorneys to delegate all or any of such their powers in such manner as in such their letter or letters of attorney shall be expressed And the business when done transacted or executed by any such attorney or attorneys shall be of the like force and effect as the same would have been if done trans- acted or executed personally by~the directors or other proper oificers of the Company. 67. It shall be lawful for the board by a minute to be entered on Delegation of their proceedings to appoint any one or more of their number from ?P^^'^'"Ji*°"*^ time to time to sign cheques draw indorse and accept bills and to transact any particular business relating to the Company. 68. For the purpose of regulating the conduct of the officers and Board may make servants of the Company and for providing for the due management of by-laws. the afEairs of the Company in all respects whatsoever it shall be lawful for the board subject to the provisions herein mentioned from time to time to make such by-laws and regulations as they shall think fit Provided that such by-laws be not repugnant to the laws of the Colony or to the provisions of this Act and that all such by-laws shall be con- firmed by some general or special general meeting to be holden for that purpose before the same by-laws shall be of any force And such by-laws when confirmed as aforesaid shall be reduced into writing and shall have aifixed thereto the common seal of the Company and a copy of such by-laws shall be given to every officer and servant of the Com- pany afEeeted thereby. 69. The production of a printed or written copy of the by-laws of Evidence ot the Company having the common seal of the Company affixed thereto '^s'"'''''^- shall be sufficient evidence of such by-laws in all proceedings under the same. 70. It shall be lawful for the board in pursuance of a vote passed Power to in- at any general or special general meeting and which vote shall have °'^*'^ capital received the sanction of the holders in the aggregate of one-half of the paid up capital of the Company being present either in person or by proxy and voting at such meeting to raise any further sum or sums of money not exceeding altogether forty thousand pounds in addition to the said capital of sixty thousand pounds for carrying out the objects of the Company and the board are hereby authorized and empowered to raise any such further sum or sums by contribution amongst the shareholders or by the admission of other persons as subscribers to the Company and by issuing new shares of five pounds each to such con- tributors or subscribers but so that each contributor or subscriber shall not pay a less price than five pounds for each new share. 458 I'lTZ EOT lEON W0EK8 COMPANY. 29 VicTOEiA. 71. The capital so to be raised by tbe creation of new shares shall be New capital to Considered as part of the general capital of the Company and shall be llrtirfne^} STibject to the same provisions in aU respects as if it had been part of capital. the original capital. Preferent right 72. "Whenever the Company shall determine to issue new shares of shareholders, binder the provisions of this Act the board shall by a circular or letter to be sent by post or otherwise and addressed to each of the then share- holders signify the number of new shares to be issued and the price thereof and the said proprietors shall within a period to be stated in such circular or letter but not less than thirty days from the sending thereof be entitled to the option of taking all or any of such new shares in preference to any other persons and such of the said shareholders who within such period may signify in writing to the board their desire to partake in the distribution of such new shares shall as between themselves be entitled to have so many of such new shares as shall be in proportion to the number of their then present shares. Power to borrow 73^ jj;^ gage it shall at any time be thought expedient by the Com- pany to raise any sum or sums of money by way of loan it shall be lawful for any general meeting of the Company to empower the board to borrow and take up at interest any sum or sums not exceeding in the whole at any one time one-third of the amount of the capital of the Company then actually paid up and the board after an order shall have been made for that purpose by any general meeting are hereby empowered to mortgage or assign the property of the Company or any part thereof as security for any such sum with interest to such person or persons or body or bodies corporate as shall advance the same all which said mortgages or assignments shall be made under the common seal of the Company and . shall operate to charge the then future as well as the then present property of the Company any rule of law to the contrary thereof not- withstanding and shall also confer upon the mortgagees aU such powers of leasing and sale and other powers as shall be therein expressed. Emeri?ency calls 74,_ "VV"hen and SO often as- any diificulty or emergency shall arise and additional funds be rec[uired to carry on the operations of the Com- pany or to meet any pressing liability it shall be lawful for the board to call up or demand contributions from each shareholder ratably of a sum not exceeding at any one time ten shillings each share and at intervals of not less than six months and such contributions if not paid on the due date shall be a lien on the shares of the shareholder or shareholders neglecting or refusing to pay and shall be chargeable with interest at the rate of ten pounds per centum per annum and in case of such default continuing by the space of thirty days the same shares or a sufficient number maybe declared by the board to be forfeited and the same or a sufficient number of the same shares shall thereupon be sold to provide for the payment of s&ch contribution and the balance of the proceeds of such sale (if any) shall be paid over to the late holder of the said shares or his representatives. Books of account 75. The board shall cause to be provided and kept at the head office to be kept. q£ ^]jg Company all necessary and proper books of account wherein shall be entered in a fair explicit regular and plain method aU cash receipts payments transactions and dealings by or on behalf of the Company and all profits gains and losses arising therefrom and shall during the continuance of the Company up to and including the thirtieth day of June and the thirty -first day or December in every year in such I'lTZ EOT lEON WOEKS COMPAJNTT: 459 manner as to tlie boaird shall seem correct and equitable cause the said 29 Victoria. books to be settled adjusted and balanced. 76. At every general half-yearly meeting the board shall present a Half-yearly balance sheet of the accounts of the Company for the half-year up to '"''^"'=''5- and including the thirtieth day of June and the thirty-first day of December next preceding such meeting and every such balance sheet shall be signed by the chairman of the Company for the time being and be certified by the auditors of the Company and shall be binding and conclusive on all the shareholders their executors administrators and assigns as an admission of the truth and correctness of the matters therein stated unless some error shall be discovered therein and notice thereof given to the board before the nest general meeting and in that case such error so notified shall be corrected and set forth in the next balance sheet. 77. In making up the balance sheet to be submitted to every half- Bad and douM- yearly general meeting it shall be the duty of the board to charge '"' '**'^" against profit and loss account not only all debts due to the Company which shall be considered by the board to be bad debts but also all such as shall appear to them to be of a seriously doubtful character and in case any such debts or any portions thereof shall afterwards be recovered the amount thereof shall be carried to the credit of profit and loss account. 78. The board shall cause to be laid before the shareholders at each Half-yearly half-yearly general meeting a report on the Company's affairs which '^''P"'^- report shall have been previously approved of by a meeting of the board and shall bear the signature of the chairman and such report shall contain the recommendations of the board as to the appropriation of the profits and other matters relating to the business and affairs of the Company and such other information as the board may deem it expedient for the interests of the Company to make public. 79. At the first general meeting of the shareholders to be held after Auditors to be the passing of this Act as hereinbefore mentioned two shareholders duly «'«'=''"i- qualified as hereinafter provided shall be elected auditors of the Com- pany. 80. At every half-yearly general meeting to be held in the month of Retirement of January in every year as hereinbefore provided one of the said auditors *"' auditors, shall retire from ofilce the order of such retirement to be decided by lot in such manner as the board may determine and the auditor so retiring shall not be eligible for re-election for one year and some other share- holder duly qualified shall be elected in the place of the auditor so retiring. 81. When the said two auditors shall have retired under the provi- Retirement of sions hereinbefore contained then at every subsequent half-yearly auditors."^ general meeting to be held in the month of January in every year the auditor who shall have been longest in office or the person appointed in his stead as hereinafter provided shall retire from office and shall not be eligible for re-election for one year but some other shareholder duly qualified shall be elected in the place of the auditor so retiring. 82. A shareholder shall not be elected as an auditor who shall not Qualification of have been a bona fide owner of fifty shares for the space of at least three ™ ' °"' calendar months previous to his election and a director shall not be eligible to be elected as an auditor for twelve months after retiring or removal from the Board. 460 PITZ EOT lEON WOEKS COMPANY. 29 Victoria. Remuneration of auditors. Duties of Audit- ors. Provision for omitted elec- tions. Filling up of occasional vacancies. Officers to give security. Officers to account. Proceedings a^nst officers failing to account. 83. The yearly sum of ten pounds shall be paid to each auditor as a remuneration for his services. 84. The auditors shall be fully authorized and it shall be incumbent upon them at all reasonable times to inspect the books of the Company and to examine the accounts and affairs of the Company generally and to call for the production to them at the head office of the Company of all books vouchers vs^ritings and documents concerning the same and to call in the aid of the officers clerks and servants of the Company or any other person or persons competent to give information as to the Com- pany's affairs. 85. In case any of the elections directed by this Act to be made by the shareholders at certain meetings or vs^ithin specified times shall not be made at such meetings or within such times it shall nevertheless be competent to the shareholders to make such elections respectively at any half-yearly or special general meeting held subsequently. 86. In case of any vacancy in the office of director or auditor occasioned by death disqualification resignation or removal from office it shall be lawful for the board if they think fit to appoint a duly quali- fied shareholder to fill such vacancy subject to the confirmation of the half-yearly general meeting following and the shareholders so appointed and confirmed shall continue in office until the expiration of the time that such deceased or disqualified or retiring or removed director or auditor might have continued in office. 87. Before any person entrusted with the custody or control of moneys belonging to the Company shall enter upon his office the board shaU. take sufficient security from him for the faithful execution of his office. 88. Every officer employed by the Company shall from time to time when required by the board make out and deliver to them or to any person appointed by the board for that purpose a true and perfect ' account in writing under his hand of all moneys received by him on behalf of the Company and such account shall state how and to whom and for what purpose such moneys shall have been disposed of and together with such account such officer shall deliver the vouchers and receipts for such payments and every such officer shall, pay to the board or to any person appointed by the board to receive the same all moneys which shall be owing from him upon the balance of such account. 89. If any such officer fail to render such account or to produce and deliver up all the vouchers and receipts relating to the same in his pos- session or power or to pay the balance thereof when thereunto required or if for three days after being thereunto required he fail to deliver up to^the board or to any person appointed by the board to receive the same all papers and writings property effects matters and things in his possession or power relating to the execution of this Act or belonging to the Company then on complaint thereof being made to a Justice such Justice shall summon such officer to appear before two or more Justices at a time and place to be set forth in such summons to answer such charge and upon the appearance of such officer or in his absence upon proof that such summons was personally served upon him or left at his last known place of abode such Justices may hear and determine the matter in a summary way and may adjust and declare the balance owing by such officer and if it appear either upon the confession of such officer or upon evidence or upon inspection of the account that any moneys of the Company are in the hands of such officer or owing PITZ EOT lEON WOEKS COMPANY. 46]^ by him to the Company sucTi Justices may order such officer to pay the 29 Victoeia. same and if he fail to pay the amount it shall be lawful for such Justices to grant a warrant to levy the same by distress or in default thereof to commit the offender to gaol for a period not exceeding three months unless the said amount be sooner paid. 90. If any such officer refuse to make out such account in writing committal of or to produce and deliver to the Justices the several vouchers and officers. receipts relating thereto or to deliver up any boots papers or writings property effects matters or things in his possession or power belonging to the Company such Justices may lawfully commit such offender to gaol there to remain until he shall have delivered up all the vouchers and receipts (if any) in his possession or power relating to such accounts and have delivered up all books papers writings property effects matters and things (if any) in his possession or power belongiag to the Company. 91. The chairman directors and other ofiBcers of the Company and indemnity to each and every of them their and each and every of their heirs execu- S^ '™^" m'^^a tors and administrators lands goods and chattels shall be indemnified and saved harmless out of the funds or property of the Company from and against all costs charges losses damages and expenses which they or any or either of them or their or any of their heirs executors or administrators shall or may incur sustain expend or be put to for or on account of the Company in consequence of any act deed matter or thing which they or any or either of them may do or cause to be done in carrying into effect the objects and purposes of the Company or in or about any indictment information prosecution action suit proceeding or arbitration to be brought commenced carried on prosecuted defended or entered into for or on account thereof or for or by order or direc- tion of the board or in anywise relating thereto respectively or other- wise in or about the execution of their respective offices or trusts except such costs charges losses damages and expenses as shall happen by or through the wilful neglect or default of such chairman directors and other officers respectively or by reason of any act done without the authority of the board. 92. The chairman directors and other officers of the Company and *?^°^'.^ *° ^^. each and every of them and each and every of their heirs executors viduai acts or and administrators shall be charged and chargeable only for as much i^e'^uits only. money as they and each and every of them shall respectively actually receive by virtue of their respective offices and trusts and any one or more of them shall not be answerable or accountable for the receipts of the others or other of them nor for the acts neglects or defaults of the others or other of them but each of them for his own acts receipts neglects or defaults only nor for the insufficiency or deficiency of title to any estate or property which may from time to time be purchased for or on behalf of or by or by the order of the board nor for any other loss misfortune or damage which may happen in the execution of their respective offices or in relation thereto except the same shall happen by or through their own wilful neglects or defaults respectively. 93. A director auditor or other officer of the Company shall not oiEoera either directly or indirectly be beneficially interested in any contract deaiing'wdth""" .agreement bargain or transaction for doing or supplying any articles Company, matters or things for the use of the Company and if any such director ^auditor or other officer shall as aforesaid enter into or be concerned in any contract agreement bargain or transaction either directly or 462> PITZ EOT lEON WOEKS COMPANY. Resie:nation of officers. Removal of officers. Suspension of directors. 29 Victoria, indirectly he stall thencef orth cease to be and act as a director auditor or officer and shall moreover forfeit and pay to the Company the sum of fifty pounds sterling by way of liquidated damages together with full costs of suit and the shares standing in his name shall be liable for the payment of such penalty and costs. 94. Every director auditor or other officer of the Company may at any time vacate his office by sending in his resignation in writing to the board. 95. At any special general meeting duly convened and held in manner herein provided and called for that purpose any director or auditor may be removed for such cause as shall by the majority of shareholders present and qualified to vote at such meeting be con- sidered negligence misconduct or other reasonable cause provided always that the shareholders present at any such meeting in person or by proxy shall be possessed in the aggregate of not less than three- fourth parts of the paid up capital of the Company. 96. In case the conduct or position of any director shall be such that his continuance in office shall appear to the board to be prejudicial to the interests of the Company it shall be lawful for the board at a meeting specially convened for that purpose to suspend such director in case he should refuse to resign and the board shall within one month call a special general meeting of shareholders to confirm such, suspension and remove such director or to annul such suspension and reinstate such director in his office Provided always that the share- holders present at such meeting in person or by proxy shall be possessed in the aggregate of not less than three-fourth parts of the actual paid capital. 97. When notice to the board of the non- qualification or disqualifica- tion of any person being a director it shall be incumbent on the board at a meeting duly convened for the purpose to inquire into the matter of such non-qualification or disqualification and if the board shall be satisfied that such director is not duly qualified or has become dis- qualified they shall declare his office to be vacant and such director shall be removed from his office and the board shall then take the necessary steps for filling up such vacancy Provided always that such non-qualification or disqualification shall not extend to render illegal or invalid any act deed matter or thing done or executed or suffered to be done or executed for or on account of the Company by such person assuming to act as director prior to such declaration. 98. If any person holding the office of director shall whilst unqualified or disqualified as herein provided and having a knowledge thereof do any act matter or thing in the capacity of a director except at the instance or with the approbation of the board after notice of his non- qualification or disqualification he shall forfeit and pay to the Company the sum of one hundred pounds or such less amount as the board may upon his removal from office think fit to declare and the shares stand- ing in the name of such person shall be chargeable with the payment of such penalty and may be sold by order of the board to discharge the same. 99. Every notice or other document requiring authentication by the Company may be signed by two directors or by the chairman and the secretary of the Company and need not be under the seal of the Company. l>isqualification of director. Penalty on disqualified director acting. Authentication of notices. PITZ EOT rRON "WOEKS COMPANY. 463 100. If any person against whom the Company shall have any claim 29 Viotokia. or demand become insolvent it shall be lawful for the secretary in all Representation proceedings against the estate of such insolvent or under any seques- °' Company by tration or act of insolvency against such insolvent to represent the Company and act in their behalf in all respects. 101. In any action suit or other proceeding at law or in equity shareholders not whereia the said Company shall be plaintiff or defendant and any one or to set up partner- more of the shareholders shall be defendant or plaintiff it shall not be lawful for any of the parties in or to such action or suit to set up the partnership created by this Act as a bar to such action or suit being sustainable and such parties respectively shall upon the trial of any such action at law or in any proceediug in any such suit in equity waive and forego the objection to any such action being tried or to any such suit being instituted or prosecuted in equity by reason of the plaintiff or plaintiffs defendant or defendants being partners in the Company And in case any proceeding at law or in equity shall be instituted against any shareholder by or on behalf of the said Company he shall not in relation to such proceedings take adopt or institute any proceedings in any Court of Equity for seeking a dissolution of the Company or of causing or procuring any accounts in relation to the partnership which may exist by virtue of this Act to be taken between them or any person whomsoever nor shall he by demurrer or otherwise in any suit in equity object to such suit on the ground that no dissolution of the Company has been prayed and the final judgment or decree which may be obtained against the Company or other person or persons on behalf of the said Company in any action or suit at law or in equity which shall have been under the conduct and management of the board shall be final and conclusive upon and shall bind all the members of the said Company and such judgment or decree shall forthwith be satisfied and performed. 102. It shall be lawful for a general meeting of the shareholders Company may be specially called for the purpose of taking into consideration the pro- c^^iiA^he"^ priety of dissolving the Company or of diminishing the capital in such diminished, proportions as they shall think fit to enter into a resolution for either of those purposes but such resolution shall be of no force or effect until confirmed by the majority of votes at another special general meeting of shareholders holding no less than three-fourths of the paid up capital of the Company held not less than thirty days after the previous meeting. 103. If at any time hereafter it shall appear to the board that losses winding: up on have been sustained reducing in amount by one-half part the then capiteii.^*'^' ° subscribed capital of the Company it shall be incumbent on them to submit a statement of such losses as soon as possible to a general or special general meeting and if at such meeting the auditors shall confirm the estimate of loss submitted by the board the business of the Com- pany shall from and after the date of such meeting be confined to the winding up of its affairs and converting into money all its funds and property and distributing the same Provided nevertheless that it shall be lawful for such meeting to enter into a resolution to continue the business of the Company and to write off the losses from the capital of the Company and thereupon such business shall continue tintil the next half-yearly meeting and adjournment thereof which shall have power to confirm such resolution by a majority of votes of share- holders possessing not less than three-fourths of the actual paid up capital of the Company. 464 PITZ EOT lEON "WOEKS COMPANY. Company to subsist for the purpose of winding up. Custody of books upon dissolu- tion. Limitation of claims after division of capital 29 ViCTOEiA. 104. Until the affairs of the Company shall he finally wound up and all claims and demands upon the Company shall be fully paid and satis- fied and a final division shall have been made of the residue of the moneys of the Company the several provisions herein contained and all powers privileges rights and duties of the board and of the shareholders res- pectively shall notwithstanding any resolution to dissolve the Company remain and continue in full force so far as the same may be necessary for the winding up of the concerns of the Company or for enabling the board to get in or dispose of the funds and property of the Company or to pay and satisfy all claims and demands upon the Company or to make such final division as aforesaid Provided always that all such property and funds as shall not be disposed of within the period of three years from the date of the second general meeting hereinbefore referred to shall immediately thereafter be sold by public auction with- out reserve to the highest bidder in such lots as the board may approve. 105. Upon the determination or dissolution of the Company all documents books and papers belonging to the Company shall be dis- posed of in such manner as a general meeting or a special general meet- ing shall after the dissolution of the Company determine. 106. Prom and after the expiration of two years next after the declaration of the final division of the capital as aforesaid and the pub- lication thereof in the New South "Wales Grovernment Grazette or some other public newspaper in Sydney aforesaid no action at law or suit in equity shall be sustainable by any shareholder against the Company or ' any other shareholder thereof or against the directors or other officers of the Company for or in respect of the transactions and affairs of the Company or in anywise relating thereto but the accounts of the Company shall after the expiration of such period as aforesaid be finally and con- clusively settled and shall not be re-opened by any of the shareholders on any ground or pretence whatever. 107. It shall be lawful for the board if the auditors shall report that the assets of the Company are insufficient to meet its liabilities or when the affairs of the Company shall be directed to be wound up to take the benefit of any Act or law for facilitating the winding up of joint stock Companies as the case may require and to do and submit to all matters and things on behalf of the Company which may be required to be done or submitted to for the above purposes. 108. If any execution either at law or in equity shall have been issued against the property or effects of the Company and if there cannot be found sufficient whereon to levy such execution then such execution may be issued against any of the shareholders to an amount equal to twice the amount of their shares respectively Provided always that no such execution may be issued against any shareholder except upon an 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 in writing to the person 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 their respective shares it shall be lawful for any person entitled to any such execution at all reasonable times to inspect the share register required to be kept in the office as aforesaid without fee Provided further that in respect of any liabilities incurred after the passing of this Act nothing herein contained shall extend to charge or Board may take advantage of winding up Acts. Execution against sliare- holders. PITZ EOT lEON AND COAL MINING COMPANY. 465 make liable any sliareliolder of the Company or his real or personal 29 Victokia, estate to a greater extent than to twice the amount of the share or shares held by him any law to the contrary in anywise notwithstanding. 109. If by means of such execution any shareholder shall have paid Reimbursement any sum of money beyond the proportion or amount then liable to be "o/exceas'of'^' paid by him in respect of his shares he shall forthwith be reimbursed i«^y- such additional sum by the directors out of the funds of the Company and in default of such payment contribution in respect of the excess may be recovered by him. from any other shareholder or shareholders. 110. This Act may be styled and cited as the " Pitz Eoy Iron "Worts short title. Company's Act." FITZ ROY IRON AND COAL MINING COMPANY. An Act to establish and incorporate a Company to be is Victoria. called the Mtz Roy Iron and Coal Mining Company. ^ [31 October, 1854.] WHEREAS a certain Joint Stock Company called the Eitz Eoy Preamble. Iron-mining Company was established in the year one thousand eight hundred and fifty-one for the purpose of quarrying smelting and disposing of the ores of iron and steel to be obtained from certain mineral lands situate at Mittagong in the Colony of New South "Wales the pro- perty of the said Company and of manufacturing the said iron and steel in such manner as" the ilirectors of the said Company should from time to time determm^ijnder and subject to the rules regulations and provisions contained in a certain deed of settlement bearing date the fifteenth day of SeptembSer in the year aforesaid And whereas the said Eitz Eoy Iron-mining Conipany are desirous of extending the operations of the said Company by aiynitting other persons willing to subscribe to and augment the capital' n^^it|||fl^ it has been agreed between the said parties the pr xi^^wf^ffo^^^'sS'fj^ ^jp^ny to form a new Company under the nojae vij^'^ ■^'^ ■i^'^ ^'^ ^y^l^^ Coal Mining Company having a capital off^v^opi >Jcv°^V&^^.tO^^'ne tf *"^'^® ™ ^^^ thousand shares of twenty pouLvi> „&. .^^v^e'^^j. '^°„}ieA''' ^a-s been agreed that the iron and coal minai^jv^ \^ ii^!^e eivei'^^J °^ *'^® ^^^^ -"^^^^ ^^J Iron-mining Company %i.c^o^^^^^^^^,^^ Eitz Eoy Iron and Coal Mining Companj^^Jt^Yje /'-nation of the first three thousandthree hundred and thirty-tha^^>.,i'es of the capital of the new or last-men- tioned Company being dotted to and vested in the shareholders of the first-mentioned Company as paid-up shares in the proportion in which they are now proprietors of shares in that Company And whereas the said several persons proprietors of the said Eitz Eoy Iron-mining Company are desirous that the said deed of settlement should be can- celled and that a Company should be established and incorporated under the provisions herein contained and it is expedient that a Company should be established and incorporated for the purposes herein mentioned Be it therefore enacted by His Excellency the 2g 466 PITZ EOT lEON AND COAL MINING COMPANY. 18 Victoria. Deed of settle- ment of the Fitz Roy Iron-mining Company can- celled. Proprietors in- corporated by the name of "The Fitz Roy Iron and Coal Mining Company." Seal. Power to sue and be sued. Hold lands. Capital to be £200,000 divided into 10,000 shares of £20 each. The first 3,333 shares to be vested in the proprietors of the Fitz Roy Iron-mining Company. Subscribers to pay a deposit of £2. G-overnor of New South "Wales by and with the advice and consent of the Legislative Council thereof as follows : — 1. Prom and after the passing of this Act the said deed of settlement shall be deemed to be cancelled and made void and the following persons that is to say John Burton Alexander Currie Abraham Davy David Dewar William G-riffin Thomas Holmes Samuel Playsted Jeston Elizabeth KorfE John KorfE Grordon KorfE Stephen Hale Alonzo Marsh John Moring Joseph Moring Prederick John Eothery Thomas Tipple Smith Greorge Smith Davidson Thomas Tipple Smith and Jane Smith John Jay Sparks Peter Barber "Whit- field and all other persons who shall hereafter become subscribers to the said Company and their several and respective successors executors administrators and assigns shall be and hereby are united into a Company for the purpose of working certain iron and coal mines situated at Mittagong and other places in the Colony of New South "Wales and of quarrying raising melting and disposing of the ores of iron steel and other minerals to be obtained from the said mines and of manufacturing and disposing of the same in such manner as may be thought expedient and also for the purpose of working any other mines whatsoever of which the said Company may hereafter become possessed according to the rules orders and directions hereinafter men- tioned and for that purpose shall be one body corporate by the name and style of " The Pitz Eoy Iron and Coal Mining Company " and by that name shall have perpetual succession and a common seal and shall and may sue and be sued plead and be impleaded answer and be answered unto defend and be defended in all Courts and places whatsoever and shall have power and authority from and after the pass- ing of this Act and at all times thereafter to purchase and hold lands to them and their successors and assigns for the use of the said under- taking and works and generally for the purpose of carrying the pro- visions of this Act into effect and also to jell and dispose of the said lands again without incurring any penalties or forfeitures and all lands tenements hereditaments mortgages leases ag^^Sments mines minerals and all other property of whatever nature real and personal belonging to the said Pitz Eoy Iron-mining Compan,y* .shall be vested in and become the absolute property of the said Company hereby incorporated. 2. The capital of the Company hf —^"^vstablishe^d shall (until in- creased as hereinafter provid"'^''*'''^ P P hundred thousand pounds sterling and shall be divideher at law or in t and shares of twenty pounds each and such shares shajects of the Comp regular or arithmetical pro- gression beginning with to levy such execery such share shall be dis- tinguished by its appro|iy of the shareholdeit,- said shares shall be and are hereby vested in thear shares respectivelynamed and in such other persons as shall take shw/es-inhriiB-i-BTilrcTJliipany and their successors and their several and respective executors administrators and assigns. 3. The first three thousand three hundred and thirty-three shares shall be vested in the several proprietors of the said Pitz Eoy Tron- mining Company in the proportions mentioned in the Schedule A to this Act annexed and the said shares shall be deemed and taken to have been fully paid up by the holders thereof respectively and shall be entered in the registry of shareholders accordingly and upon taking any other share every subscriber shall pay to the secretary or other proper ofiicer of the said Company the sum of two pounds sterling in respect of every share which shall be so taken and shall within one calendar PITZ ROY lEON AND COAL MININa COMPANY. 467 montli thereafter pay a further sum of two pounds upon every such is Victoria. share and the remaining amount of every such share shall be paid in the manner hereinafter provided. 4. All shares in the capital of the Company shall he deemed personal shares to be per- estate and shall be transferable and transmissible as such and shall not ^™^' estate. be of the nature of real estate. 5. Every person who shall by virtue of this Act have subscribed for shareholders. or shall otherwise have become entitled to a share in the said Company and whose name shall have been entered on the register of share- holders hereinafter mentioned shall be deemed a shareholder of the Company and shall be entitled to participate in the profit and dividends of the Company in proportion to the amount of capital which he shall have paid up. 6. The directors shall cause the names additions and addresses of the Registry of several persons entitled to shares together with the number of shares shareholders. to which they shall be respectively entitled distinguishing each share by its proper number and the amount of the subscriptions paid on such snares to be from time to time fairly and distinctly entered in a register book to be kept in the office of the said Company for that purpose and to be called the Register of Shareholders and the surnames or cor- porate names of the said shareholders shall be placed in alphabetical order to the end that each proprietor for the time being and his interest in the Company may be known. 7. On demand by the holder of any shares the directors of the certificates of Company shall cause a certificate of the proprietorship of such shares f^^^^l 1° Jlf^ to be delivered to such shareholder and such certificate shall have the shareholders. common seal of the Company affixed thereto and shall specify the shares to which such shareholder is entitled and the same may be according to the form in the Schedule B to this Act annexed or to the like effect and such certificate shall be admitted in all Courts na prima Certificate to be Jhcie evidence of the title of such shareholder to the share therein perty'ln^shares" specified but the want of such certificate shall not prevent the holder of any share from disposing thereof or receiving his share of the profits in respect thereof. 8. If any such certificate be worn out or damaged then upon the certificate to be same being produced at some meeting of the directors such directors SestroyedT'^™ may order the same to be cancelled and another similar certificate to be given to the party in whom the property of such certificate and of the shares therein mentioned shall be at the time vested or if such certifi- cate be lost or destroyed then upon proof thereof to the satisfaction of the directors a similar certificate shall be given to the party entitled to the certificate so lost or destroyed and to the shares therein mentioned and in either case a due entry of the substituted certificate shall be made by the secretary in the register of shareholders. 9. It shall be lawful for any shareholder to sell and transfer all or shares may be any of his shares subject to the provisions herein contained provided ^°'''- that every such transfer shall be by deed in which the consideration shall be stated and such deed may be according to the form in the Schedule C to this Act annexed or to the like effect and provided also that if any certificate of the proprietorship of the shares to be trans- ferred shall have been issued the same shall upon such transfer be delivered up to the directors to be cancelled or to be indorsed by the 468 I'lTZ EOT lEON AND COAL MINING- COMPANY. 18 Victoria, secretary to the Company with a memorandum of the transfer unless it shall he shown to the satisfaction of the directors that the same has been lost or destroyed. Transfer o£ IQ. The said deed of transfer (when duly executed) shall be de- registered &c. livered to the secretary and be kept by him and he shall enter a memorial thereof in a book to be called the Eegister of Transfers and shall indorse such entry on the deed of transfer and shall on de- mand deliver a new certificate to the purchaser and on the request of the purchaser of any shares an indorsement of such transfer shall be made on the existing certificate of such shares instead of a new certifi- cate being granted and upon such indorsement being signed by the secretary such certificate shall be considered in every respect the same as a new certificate and until such deed of transfer has been so de- livered to the secretary as aforesaid the vendor of the shares shall continue liable to the Company for any calls that may be made upon such shares and the purchaser shall not be entitled to receive any share of the profits of the Company or to vote in respect of such shares. Closing of trans- H. It shall be lawful for the directors to close the register of trans- fers for a period not exceeding fourteen days previous to each half- yearly meeting and they may fix a day for the closing of the same of which seven days notice shall be given by advertisement in one or more newspapers and any transfer made during the time when the transfer books are so closed shall as between the Company and the party claim- ing under the same but not otherwise be considered as made subse- quently to such half-yearly meeting. Transmission of 12. If the interest in any shares have become transmitted in conse- means than "'" quBuce of the death or bankruptcy or insolvency of any shareholder or transfer to be ijj cousequence of the marriage of a female shareholder or by any other a declaration, lawf ul means than by a transfer according to the provisions of this Act such transmission shall be authenticated by a declaration in writing as hereinafter mentioned or in such other manner as the directors shall require and every such declaration or other authentication shall state and show the manner in which and the party to whom such shares shall have been so transmitted and shall be made and signed by some credible person before a Justice of the Peace or notary public and such declara- tion or other authentication shall be left with the secretary and upon the same being deemed satisfactory by the directors he shall enter the name of the person entitled under such transmission in the register of shareholders and until such transmission has been so authenticated and such entry made no person claiming by virtue of any such transmission shall be entitled to receive any share of the profits of the undertaking nor to vote in respect of any such share as the holder thereof. Proof of trans- 13. If such transmission be by virtue of the marriage of a female riage wii^ V""'' shareholder the said declaration or other authentication shall contain a copy of the register of such marriage or other particulars of the cele- bration thereof and shall declare or show the identity of the wife with the holder of such shares and if such transmission have taken place by virtue of any testamentary instrument or by intestacy the probate of the will or the letters of administration or an official extract therefrom shall together with such declaration or other authentication be produced to the secretary and upon such production in either of the cases afore- said the secretary shall make an entry of the declaration or other authentication in the said register of transfers. PITZ EOT lEON AND COAL MINING COMPANY. 469 14. The Company shall not be bound in any manner by any trusts 18 Victoria. or equitable interests or demands affecting any share standing in the Company not name of any person as the ostensible proprietor thereof or be required ex™ution^of '° to take any notice of such trusts or equitable interests or demands but tmsta in respect the receipts of the person in whose names the shares shall stand in the °^ shares. books of the Company shall notwithstanding such trusts or equitable interests or demands and notice thereof to the Company be a good valid and conclusive discharge to the Company for or in respect of any dividend or other money payable by the Company in respect of such shares and a transfer of the said shares by the person in whose name such shares shall so stand shall notwithstanding as aforesaid be binding and conclusive as far as may concern the said Company against all persons claiming by virtue of such trusts or equitable interests or demands Provided always that it shall be competent to the directors of the Company if they shall think fit so to do to withhold payment of the dividends on any such shares and to refuse to allow or recognize the transfer of such shares in any case in which the Company shall have had notice of any claims under an alleged trust or equitable interest or demand and when such claim shall appear to the directors to be well founded And provided also that nothing herein 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 by the Company in respect of any siich shares or the transfer thereafter of any such shares or to direct the payment of such dividends or other money not already paid by the Company or the transfer of such shares to such person as such Court may think fit. 15. The several persons who have accepted or who shall hereafter Subscriptions to accept or hold shares in the Company shall pay the amount of the said ^o^,..^'"'^ ^^ "^^'"^ shares or such portions thereof as shall from time to time be called for by the directors at such times and places as shall be appointed by the directors and with respect to the provision in this Act contained for enforcing the payment of calls the word " shareholder " shall extend Term " share- to and include the legal personal representatives of every such share- |5,°ciu"e '^pre- holder. sentatives. 16. It shall be lawful for the directors from time to time to make Power to make such calls of money upon the several shareholders in respect of the °*"'" amount of their respective shares as the said directors shall deem necessary Provided that thirty days notice at the least be given of each call by a notice in the Grovernment Gazette and in one or more of the newspapers published in Sydney and that successive calls be not made at a less interval than three months and that no call exceed the sum of one pound for or in respect of any one share and every share- holder shall be liable to pay the amount of the calls so made in respect of the shares held by him to the persons and at the times and places from time to time appointed by the said directors. 17. If before or on the day appointed for payment any shareholder interest to be shall not pay the amount of any caU to which he is liable he shall be P^f^ °° °™-'i"« liable to pay interest thereon at the rate of eight per cent, per annum from the day appointed for the payment thereof to the time of the actual payment and no such shareholder shall whilst any call on any of his shares shall be in arrear be entitled to transfer any of his shares or to vote at any general meeting or to receive any dividend. 470 PITZ EOY IRON AND COAL MUSTHSTGI- COMPANY. 18 Victoria. 18. It shall be lawful for tlie directors if they think fit to receive Power to receive from any of the shareholders who shall be willing to advance the same rtarehoiders'on ^^^ °-'" ^^J P^'^* °^ ^^^ moneys due upon their respective shares beyond interest. the sums actually called for and such shareholder shall thereupon be entitled to participate in the profits of the Company in proportion to the amount of capital they shall thereupon have paid up or if it shall be so arranged between the directors and any such shareholder the Company may pay interest at such a rate not exceeding the rate afore- said upon the amount of capital which such shareholder may have paid up in excess of the calls for the time being made upon his shares as the shareholder paying such sum in advance and the directors shall agree upon. 19. If at the time appointed by the directors for the payment of any call any shareholder shall fail to pay the amount of such call it shall be lawful for the Company to sue such shareholder for the amount thereof in any Court of Law or Equity having competent jurisdiction and to recover the same with interests as aforesaid and in any action or suit it shall be sufficient for the Company to declare that the defendant is the holder of one share or more (stating the number) and is indebted to the Company in such sum of money as the calls in arrear shall amount to in respect of one call or more (stating the number and amount of each of such calls) whereby an action hath accrued to the Company by virtue of this Act and on the trial or hearing of such action or suit it shall be sufficient to prove that the defendant at the time of making such call was a holder of one share or more in the Company and that such call was in fact made and such notice thereof given as is directed by this Act and it shall not be necessary to prove the appointment of the directors who made such call nor any other matter whatsoever and thereupon the Company shall be entitled to recover what shall be due upon such call and interest thereon and the production of the register of shareholders required to be kept in the oflice of the Company shall be prima facie evidence of such defendant being a shareholder and of the number and amount of his shares. Enforcement of calls by action. Declaration in suits to recover calls. Matter to be proved in action for calls. Proof of proprietorship. Shares in arrear Notice to be given of intention to declare share forfeited. 20. If any shareholder shall fail to pay any call payable by him forfeited.^*^ ^'^^ together with the interest due thereon the directors at any time after the expiration of two months from the day a^jpointed for payment of such call may if they shall think fit declare the shares in respect of which such call was payable forfeited and that whether the said Company have sued for the amount of such call or not Provided that before declaring any share forfeited the directors shall cause notice of their intention to declare such share to be forfeited to be left at or transmitted by the post to the usual or last place of abode of the person appearing by the register of shareholders to be the proprietor of such share and if the holder of any such share shall be beyond the limits of this Colony or if his or their usual or last place of abode be not known to the directors by reason of its being imperfectly described in the register of shareholders or otherwise or if the interest in any such share shall be knovm by the directors to have become transmitted otherwise than by transfer as hereinbefore mentioned but a declara- tion of such transmission shall not have been registered as aforesaid and so the address of the party to whom the said share may have been transmitted or may for the time being belong shall not be known to the directors the directors shall give public notice of such intention in PITZ EOT lEON AND COAL MINING COMPANY. 47I the Grovernmeut G-azette and also in one or more of the newspapers is Victoeia. published in the city of Sydney and the several notices aforesaid shall he given twenty-one days at least before the directors shall make such declaration of forfeiture. 21. After such forfeiture it shall be lawful for the directors to sell Forfeited shares the forfeited share either by public auction or private contract and if ™^^ ^^ ^°^^' there be more than one forfeited share then either separately or together as to them shall seem fit Provided that the Company shall No more shares not sell or transfer more of the shares of any such defaulter than shall a?e''sufflcient™o be sufficient as nearly as can be ascertained at the time of such sale to pay off arrears pay the arrears then due from such defaulter on account of any calls ''" expenses. together with the interest and the expenses attending or occasioned by such forfeiture and sale and if the money produced by the sale of any such forfeited share be more than sufficient to pay all such arrears of calls and interest and expenses the surplus shall on demand be paid to the defaulter And provided also that if payment of such arrears of on payment of calls and interest and expenses be made before any share so forfeited safes'shares'to shall have been sold as aforesaid such share shall revert to the party to revert to the whom the same belonged before such forfeiture in such manner as if ^°' such call had been duly paid. 22. A solemn declaration in writing by some credible person not Evidence of interested in the matter made in conformity with the provisions of an h^purchasSs^of Act of Council passed in the ninth year of the reign of Her present forfeited shares. Majesty Queen Victoria and numbered nine that the call in respect of a share was made and notice thereof given and that default in payment of the call was made and that the forfeiture of the share was declared in manner hereinbefore required shall be sufficient evidence of the facts therein stated and such declaration and the receipt of the treasurer or other officer of the Company authorized by the directors to receive payment of the price of such share shall constitute a good title to such share and a certificate of proprietorship shall be delivered to such pur- chaser and thereupon he shall be deemed the holder of such share discharged from all calls due prior to such purchase and he shall not be bound to see to the application of the purchase money nor shall his title to such share be affected by any irregularity in the proceedings in reference to such forfeiture or sale. 23. The first general meeting of the shareholders of the Company j-irst and other for putting this Act in execution shall be held at some convenient place Kenerai within the city of Sydney within two months after the passing of this Act between the hours of ten in the forenoon and four in the afternoon and the future general meetings of the Company shall be held on the first Monday in the months of Pebruary and August or at such. other stated periods as shall be appointed for that purpose by an order of a general meeting and the meetings so appointed shall be called " half- yearly general meetings" and all meetings whether half-yearly or extra- ordinary shall be held at such place as the shareholders shall at aaiy general meeting direct and appoint and if no such direction be given then at such place as the directors shall from time to time appoint. 24. No matters except such as are appointed by this Act to be done Business of haif- at a half-yearly general meeting shall be transacted at any such meet- meetfnir^'^"'' ing unless special notice of such matters have been given in the adver- tisement convening such meeting and no extraordinary meeting shall Business at enter upon any business not set forth in the notice upon which it shall ^eettag"'*'^^ have been convened. 472 MTZ EOT lEON AND COAL MININQ COMPANY. 18 Victoria. Extraordinary uieetiiig. Extraordinary meeting of the Company may be required by slaareholders. Notice of meetings. Quoram of sbareholders for a general meeting. Chairman of general meet- ings. Business at adjournments. Votes of share- holders. Manner of voting. 25. Every general meeting of the sliareliolders other than a half- yearly meeting shall be called an " extraordinary meeting" and such meetings may be convened by the directors as they think fit and any number of shareholders holding in the aggregate five hundred shares may by writing under their hands at any time require the directors to call an extraordinary meeting of the Company and such requisition shall fully express the object of the meeting required to be called and shall be left at the oJ£ce of the Company or given to at least three director.? or left at their last or usual places of abode and forthwith upon the receipt of such requisition the directors shall convene a meet- ing of the shareholders and if for twenty-one days after such notice the directors shall fail to call such meeting the number of shareholders aforesaid qualified as aforesaid may call such meeting by giving fifteen days public notice thereof in the Grovernment G-azette and in one or more of the newspapers published in the city of Sydney. 26. Kfteen days public notice at the least of all meetings whether half-yearly or extraordinary shall be given by advertisement in the Government G-azette and one or more newspapers as hereinbefore men- tioned which shall specify the place day and the hour of meeting and every notice of an extraordinary meeting or of a half-yearly meeting if any other business than the business hereby appointed for half-yearly meetings is to be done thereat shall specify the purpose for which the meeting is called. 27. In order to constitute a general meeting there shall be present either personally or by proxy shareholders holding in the aggregate not less than one-tWentieth of the capital of the Company and being in number not less than six and such shareholders shall be a quorum and if within one hour from the time appointed for such meeting the said quorum be not present no business shall be transacted at the meeting other than the declaring of a dividend in case that shall be one of the objects of the meeting but such meeting shall except in respect of the election of directors as hereinafter mentioned be held to be adjourned sine die. 28. At every general meeting one or other of the following persons shall preside as chairman that is to say the chairman of the Company or in his absence the deputy chairman or in the absence of the chairman and deputy chairman some one of the directors of the Company to be chosen by the meeting or in the absence of the chairman and deputy chairman and of all the directors any shareholder to be chosen for that purpose by the meeting and such chairman shall be entitled to vote not only as a principal and proxy but also to give a casting vote if there be otherwise an equality of votes and every such general meeting may be adjourned from time to time and from place to place and no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which such adjournment took place. 29. At all general meetings every shareholder who shall be possessed of five or more shares shall for the first five shares be entitled to one vote for the next ten shares to one other vote and for every additional number of twenty shares to one additional vote Provided always that no shareholder shall be entitled to more than fifteen votes altogether. 30. The votes of shareholders may be given at any general meeting either personally or by proxies being shareholders authorized by writing according to the form in the Schedule D to this Act annexed or in a PITZ EOT lEON AND COAL MINING COMPANY. 473 form to the like effect under the hand of the shareholder nominating 18 Victoria. such proxy or if such shareholder be a corporation then under their common seal and every proposition at any such meeting shall be deter- mined by the majority or" votes of the parties present including proxies Regulations as to but no person shall be entitled to vote as a proxy unless the instrument p"""^^- appointing such proxy have been transmitted to the secretary of the Company not less than forty-eight hours before the time appointed for holding the meeting at which such proxy is to be used. 31. If several persons be jointly entitled to any shares the person votes of joint ■whose name stands first in the register of shareholders as one of the shareholders. holders of such shares shall for the purpose of voting at any meeting be deemed the sole proprietor thereof unless such joint shareholders shall mutually agree that one or other of themselves shall so vote and shall so inform the secretary of the Company by writing under their hands and on all occasions the vote of such first-named shareholder either in per- son or by proxy shall be allowed as the vote in respect of such shares without proof of the concurrence of the other holders thereof unless in case of such agreement and notice thereof as aforesaid and if any share- Votes of lunatics holder be a lunatic or idiot such lunatic or idiot may vote by his com- mittee and if any shareholder be a minor he may vote by his guardian or any one of his guardians and every such vote may be given either in person or by proxy. 32. Whenever in this Act the consent of any particular majority of Proof of a par- votes at any meeting of the Company is required in order to authorize of°TOteg°oniT'' any proceeding of the Company such particular majority shall only be required in the required to be proved in the event of a poll being demanded at such blfngdemanded. meeting and if such poll be not demanded then a declaration by the chairman that the resolution authorizing such proceeding has been carried and an entry to that effect in the book of proceedings of the Company shall be sufficient authority for such proceeding without proof of the number or proportion of votes recorded in favour of or against the same. 33. The shareholders present either personally or by proxy at the Six directors to first general meeting to be held as hereinbefore is mentioned or at Ipgf Meeting of some meeting to be held by adjournment therefrom shall elect six shareholders, persons to be directors of the Company and at the half-yearly meeting which shall.be held in August in each year one director shall retire from Retirement of office such retirement to be decided by lot between themselves until all directors, the first set of directors who shall have been elected at such first general meeting as aforesaid shall have retired and then at the half-yearly meet- ing to be Leld in August in every year thereafter the director who shall have been longest in office shall retire and every such retiring director shall be immediately re-eligible and at every such half-yearly meeting in August in every year the shareholders then present personally or by proxy shall elect a new director in the place of the director then retiring from office agreeably to the provision hereinafter contained and the persons elected at any such meeting being neither removed nor disquali- fied nor having resigned shall continue to be directors until others are elected in their stead as hereinafter mentioned. 34. If at any meeting at which an election of directors ought to take Existing direo- place the prescribed quorum of shareholders shall not be present within on'faliureof^'' one hour from the time appointed for the meeting no election of direc- meeting for elec- tors shall be made but such meeting shall stand adjourned to the directors, following day at the same time and place and if at the meeting so 47^ PITZ EOT lEON AND COAL MINING COMPANY. 18 Victoria. Qualification of directors. Cases in whicli office of director shall become vacant. Shareholder of an incorporated joint stock Com- pany not dis- qualified by reason of contracts. Supply of occasional vacan- cies in office of directors. Powers of the Company to be exercised by the directors. Quorum of directors. adjourned the prescribed quorum be not present within one hour fi-om the time appointed for the meeting the existing directors shall continue to act and retain their powers until new directors be appointed at the first half-yearly meeting of the following year. 35. No person shall be capable of being a director unless he be a shareholder and possessed of twenty-five shares and no person holding an oifice or place of trust or profit under the Company or interested in. any contract with the Company shall be capable of being a director and no director shall be capable of accepting any other office or place of trust or profit under the Company or of being interested in any contract with the Company during the time he shall be a director but nothing in this Act contained shall prevent the Company from remunerating the chairman and directors as they may think fit. 36. If any of the directors at any time subsequently to his election accept or continue to hold any other office or place of trust or profit under the Company or be either directly or indirectly concerned in any contract with the Company or participate in any manner in the profits of any work to be done for the Company or if such director at any time cease to be a holder of the prescribed number of shares in the Company then in any of the cases aforesaid the office of such director shall become vacant and thenceforth he shall cease from voting or acting aa a director. 37. Provided always that no person being a shareholder of any joint stock Company shall be disqualified or prevented from acting as a director by reason of any contract entered into between such joint stock Company and the Company hereby incorporated but no such director being a shareholder of such joint stock Company shall vote on any question as to any contract therewith. 38. If any director die or resign or become disqualified or incompe- tent to act as a director or be removed or cease to be a director by any other cause than that of going out of office by rotation as aforesaid the remaining directors if they think proper so to do may elect in his place some other shareholder duly qualified to be a director and the share- holder so elected shall continue in office until the next half-yearly meeting when a director shall be elected by the shareholders present in person or by proxy in the place of the director so having died resigned or been removed or become disqualified or incompetent to b£ a director or having ceased to be a director. 39. The directors shall have the management and superintendence of the affairs of the Company and may ajjpoint all officers and servants required for conducting the undertaking of the Company and may purchase or rent lands houses or offices or mines or veins of minerals for any of the purposes for which the Company is hereby incorporated and shall exercise all other the powers of the Company except as to such matters as are directed by this Act to be transacted by a general meeting of the shareholders but all the powers so to be exercised shall be exercised in accordance with and subject to the provisions of this Act and the exercise of all such powers shall be subject also to the control and regulation of any general meeting specially convened for the purpose but not so as to render invalid any act done by the directors prior to any resolution passed by such general meeting and any three of such directors being present at a duly convened board meeting shall form a quorum and shall be competent to exercise the powers hereby given to the directors generally. PITZ EOT lEON AND COAL MINING COMPANY. 476 40. Except as otherwise provided by this Act the following powers of 18 Victokia. the Company (that is to say) the choice and removal of the directors Certain powers the choice of auditors the determination as to the remuneration of the °'J'jg be'exer-'^ directors the determination as to the amount of money to be borrowed cised by the on mortgage the determination as to the augmentation of capital and "^'^ °''^' the declaration of dividends shall be exercised only at a general meeting of the shareholders. 41. The directors shall hold meetings at such times as they shall Meetings of appoint for the purpose and they may meet and adjourn as they think proper from time to time and from place to place and at any time any two of the directors may require the secretary to call a meeting of the directors and all questions at any such meeting shall be determined by the majority of votes of the directors present and in case of an equal division of votes the chairman shall have a casting vote in addition to his vote as one of the directors. 42. At the first meeting of directors held after the passing of this Appointment of Act and at the first or some other early meeting of the^ directors held deputyThaiiman after the half-yearly general meeting in August of each year the of company. directors present at such meeting shall choose one of the directors to be chairman of the Company and to act as chairman of the directors for the year following such choice and shall also if they think fit choose another director to be and act as deputy chairman for the same period and if the chairman or deputy chairman die or resign or cease to be a director or otherwise become disqualified to act the directors present at the meeting next after the occurrence of such vacancy or some other early meeting thereafter shall choose some other of the directors to fill such vacancy during the residue of the current year and such chairman ciiairmansiiip at if present and in his absence the deputy chairman if present shall pre- directors. ° side at all meetings of the directors but if neither the chairman or deputy chairman be present the directors present shall choose some one of their number to be chairman of such meeting. 43. The power of the directors to make contracts on behalf of the Contracts by Company may lawfully be exercised as follows (that is to say) — • b™nt°ered°into.° With respect to any contract which if made between private persons would be by law required to be in writing and under seal the directors may make such contract on behalf of the Company in writing and under the common seal of the Com- pany and in the same manner may vary or discharge the same. With respect to any contract which if made between private persons would be by law required to be in writing and signed by the parties to be charged therewith the directors may make such contract on behalf of the Company in writing signed by any two of the directors and in the same manner may vary or discharge the same. With respect to any contract which if made between private persons would by law be valid although made by parol only and not reduced into writing the directors may make such contract on behalf of the Company by parol only without writing and in the same manner may vary or discharge the same. And all contracts made according to the provisions herein contained shaU be effectual in law and shall be binding upon the Company and 476 PITZ EOT IRON AND COAL MININa COMPANY. Proceedings to be entered in a book and to be evidence. 18 ViOTOKiA. their successors and all other parties thereto their heirs executors or administrators as the case may be and on any default in the execution of any such contract either hy the Company or any other party thereto such action or suits may he brought either by or against the Company as might be brought had the same contracts been made between private parties only. 44. The directors shall cause notes minutes or copies as the case may require of all appointments made or contracts entered into by them and of the orders and proceedings of aU meetings of the shareholders and of the directors and committees of directors to be duly entered in books to be from time to time provided for the purpose which shaU be kept under the superintendence of the directors and every such entry shall be signed by the chairman of the meeting at which such appoint- ments and contracts were made or entered into or authorized or at which such proceedings and orders were respectively had or made and such entry so signed shall be received as evidence in all Courts and before all Judges Justices and others without proof of such respective meet- ings having been duly convened or held or of the persons making or entering such orders or proceedings being shareholders or directors or of the signature of the chairman or of the fact of his having been chairman all of which last-mentioned matters shall be presumed until the contrary be proved. 45. All acts done by any meeting of the directors or by any person acting as a director shall notwithstanding it may be afterwards dis- covered that there was some defect in the appointment of any such directors or persons acting as aforesaid or that they or any of them were or was disqualified be as valid as if every such person had been duly appointed and was qualified to be a director. 4G. No director by being party to or executing in his capacity of a director any contract or other instrument on behalf of the Company or otherwise lawfully executing any of the powers given to the directors shall be subject to be sued or prosecuted individually by any person whomsoever and the bodies or goods or lands of the directors shall not be liable to execution of any legal process by reason of any con- tract or other instrument so entered into signed or executed by them or by reason of any other lawful act done by them iu the execution of any of their powers as directors and the directors their heirs executors and administrators shall be indemnified out of the capital of the Com- pany for all payments made or liability incurred in respect of any acts done by them and for all losses costs and damages which they may incur in the execution of the powers granted to them and the directors for the time being of the Company may apply the existing funds and capital of the Company for the purposes of such indemnity and may if necessary for that purpose make calls of the capital remaining unpaid (if any). 47. At the first general meeting of the Company to be held after the passing of this Act the shareholders shall elect two auditors in the same manner as is hereinbefore provided for the election of directors and at the half-yearly meeting in August in each year thereafter the shareholders shall in like manner elect an auditor to supply the place of the auditor then retiring from office according to the provision hereinafter con- tained and every auditor elected as hereinbefore provided being neither removed nor disqualified nor having resigned shall continue to be an Infonnalities in appointment of directors not to invalidate pro- ceedings. Directors not to be personally liable. Indemnity of directors. Election of auditors. Qualification of auditors. PITZ EOT lEON AND COAL MIOTNa COMPANY. 477 auditor until another he elected in Ms stead and every auditor shall 18 Victokia. have at least ten shares in the Company and he shall not hold any other office in the Company nor be in any other manner interested in its con- cerns except as a shareholder. 48. One of such auditors (to be determined in the first instance by Rotation ot lot between themselves unless they shall otherwise agree and after- wards by seniority) shall go out of office at the half-yearly meeting in August in each year but the auditor so going out shall be immediately re-eligible. 49. If any vacancy take place among the auditors in the course of Vacancies in the the current year then at any general meeting the vacancy may be sup- ° °'^° ^" ' "■'• plied by election and the provision in this Act contained respecting the failure of a half-yearly meeting at which directors ought to be chosen Failure of meet- shall apply mutatis mutandis to any meeting at which an auditor ought auditor. ^ to be appointed. 50. The auditors shall have full authority at all reasonable times to Powers oi examine the accounts and affairs of the Company and to inspect the examination of books and to call for the production to them at the principal office of iiSairs. the Company of all books vouchers writings and documents concerning the same and to call in the aid of the officers clerks and servants of the Company or any other person competent to give information as to the Company's affairs. 51. The directors shall deliver to such auditors the half-yearly or Delivery of other periodical accounts and balance sheet fourteen days at the least &o'™y directors before the ensuing half-yearly meeting at which the same are required to auditor. to be produced to the shareholders as hereinafter provided and such auditors shall receive and examine the same and shall examine into the Duty of auditors. state of the Company's affairs and shall be at liberty to employ such Power of accountants and other persons in such examination as they may think auditors. proper at the expense of the Company and they shall make a just true and faithful report on the said accounts and affairs and such report shall be read together with the report of the directors at the half-yearly meeting. 52. If it shall appear to such half-yearly meeting desirable that the Further audit Company's affairs should be more fully investigated or if at any other f^^^l fecial general meeting it shall appear desirable to have a special examination audiiiors may be into the state of the Company's affairs it shall be lawful for such meet- '^pp"'" ^ • ing either to direct the said auditors to inquire into and report on the affairs of the Company generally or in their discretion to appoint any two or more shareholders as special auditors for that purpose. 53. Before any person intrusted with the custody or control of Security to be moneys belonging to the Company whether treasurer collector or other cers^intraTted officer of the Company shall enter upon his office the directors shaU. with money, take sufficient security from him for the faithful execution of his office. 54. Every officer employed by the Company shall from time to time officers to ao- when required by the directors make out and deliver to them or to any '^™'l ™ ^''' person appointed by them for that purpose a true and perfect account in writing under his hand of all moneys received by him on behalf of the Company and such account shall state how and to whom and for what purpose such moneys shall have been disposed of and together with such account such officer shall deliver the vouchers and receipts for such payments and every such officer shall pay to the directors or to any person appointed by them to receive the same all moneys which shall appear to be owing from him upon the balance of such accounts. 478 I'lTZ EOT lEON AND COAL MINING COMPANY. 18 VicTOEiA. 55. If any such o£B.cer fail to render such, account or to produce and Summary deliver up all the vouchers and receipts relating to the same in his 'artiMfafiin'^to posscssion or powcr or to pay the balance thereof when thereunto re- aocount.^' '"^^ " (juired or if for three days after being thereunto required he fail to deliver up to the directors or to any person appointed by them to re- ceive the same all papers and writings property effects matters and things in his possession or power relating to the execution of this Act or belonging to the Company then on complaint thereof being made to a Justice such Justice shall summon such oiEcer to appear before two or more Justices at a time and place to be set forth in such summons to answer such charge and upon the appearance of such officer or in his absence upon proof that such summons was personally served upon him or left at his last known place of abode such Justices may hear and de- termine the matter in a summary way and may adjust and declare the balance owing by such officer and if it appear either upon the confes- sion of such officer or upon evidence or upon inspection of the account that any moneys of the Company are in the hands of such officer or owing by him to the Company such Justices may order such officer to pay the same and if he fail to pay the amount it shall be lawful for such Justices to grant a warrant to levy the same by distress or in de- fault thereof to commit the offender to gaol for a period not exceeding three months unless the said amount be sooner paid. Officers refusing 56. If any such officer refuse to make out such account in writing or documents'&o. to produce and deliver to the Justices the several vouchers and receipts tobeimprisoned. relating thereto or to deliver up any books papers or writings property effects matters or things in his possession or power belonging to the Company such Justices may lawfully commit such offender to gaol there to remain until he shall have delivered up all the vouchers and receipts (if any) in his possession or power relating to such accounts and have delivered up all books papers writings property effects matters and things (if any) in his possession or power belonging to the Company. Where officer 57. If any director or other person acting on behalf of the Company awar"ntmaybe ^^^^^ make oath that he has good reason to believe upon grounds to be issued in the flrat stated in his deposition and does believe that it is the intention of any instance. ^^^-j^ officer as aforesaid to abscond or that he has absconded.it shall be lawful for the Justice before whom the complaint is made if he shall think fit to issue a warrant in the first instance for the bringing such officer before such two Justices as aforesaid but no person executing such warrant shall keep such officer in custody longer than twenty-four hours or such longer period as may be rendered necessary by the dis- tance of the place of apprehension from the residence of the nearest or most convenient Magistrate without bringing him before some Justice and it shall be lawful for the Justice before whom such officer may be brought either to discharge such officer if he think there is no sufficient ground for his detention or to order such officer to be detained in cus- tody so as to be brought before two Justices at a time and place to be named in such order unless such officer give bail to the satisfaction of such Justice for his appearance before such Justices to answer the com- Sureties not to plaint of the Company Provided nevertheless that no such proceeding be discharged, against Or dealing with any such officer as aforesaid shall deprive the Company of any remedy which they might otherwise have against such officer or any surety of such officer. Accounts to be 58. The directors shall cause full and true accounts to be kept of all ^^ ' sums of money received or expended on account of the Company by PITZ EOY lEON AND COAL MININa COMPANY. 479 them and all persons employed by or under them and of the matters IS Victoria.. and things for which such sums of money shall have been receiyed or disbursed and paid. 59. The books of the Company shall be balanced fifteen days at least Books to be before each half-yearly general meeting of shareholders and forthwith ^*''"'"'^''' on the books being so balanced an exact balance sheet shall be made up which shall exhibit a true statement of the capital stock credits and property of every description belonging to the Company and the debts due by the Company at the date of making such balance sheet and a distinct view of the profit or loss which shall have arisen on the trans- actions of the Company in the course of the preceding half-year and previously to each half-yearly meeting such balance-sheet shall be examined by the directors or any three of their number and shall be signed by the chairman or deputy chairman of the directors. 60. The directors shall produce to the shareholders assembled at such Balance sheet to half-yearly meeting the said balance sheet applicable to the period imme- the^meeting.* diately preceding such meeting together with the report of the auditors thereon as hereinbefore provided. 61. The directors shall appoint a book-keeper to enter the accounts Book-keeper to aforesaid in books to be provided for the purpose and every such book- ouiTe'acoounte" keeper shall permit any shareholder to inspect such books and such at the appointed balance sheet as aforesaid at the principal office or place of the Com- *™^^" pany and to take copies or extracts therefrom at any reasonable time during one fortnight before and one month after every half-yearly meet- ing and if he fail to permit any such shareholder to inspect such books or take extracts or copies therefrom during the periods aforesaid he shall forfeit to such shareholder for every such offence a sum not exceed- ing five pounds but the shareholders shall not be entitled at any time except during the periods aforesaid to demand the inspection of such books unless in virtue of a written order signed by three of the directors. 62. Previously to every half-yearly meeting at which a dividend is Previously to intended to be declared the directors shall cause a scheme to be pre- ^??yend°a" "' pared showing the profits (if any) of the Company for the period current scheme to be since the preceding half-yearly meeting at which a dividend was declared P''^p="^<^'^- and apportioning the same and any surplus remaining undivided from any former period or so much thereof as they may consider applicable to the purposes of dividend among the shareholders according to the shares held by them respectively the amount paid thereon and the periods during which the same may have been paid and shall exhibit such scheme at such half-yearly meeting and at such meeting a dividend may be declared according to such scheme or of any such less amount as the meeting shall think fit. 63. The Company shall not make any dividend whereby their capital Dividend not to stock will be in any degree reduced Provided always that the word rlduof capital'" "dividend " shall not be construed to apply to a return of any portion of the capital stock with the consent of all the mortgagees and bond creditors of the Company due notice being given for that purpose at an extraordinary meeting to be convened for that object. 64. Before apportioning the profits to be divided among the share- power to direct- holders the directors may if they think fit set aside thereout such sum o"? *° ^f' ^Pw' as they may think proper to meet contingencies or for enlarging repair- contingencies. ing or improving the works connected with the Company's undertak- ings or any part thereof and may divide the balance only among the shareholders. 480 PITZ EOT lEON AND COAL MININ& COMPANY. 18 ViCTOEIA. Service of notice upon Company. Service by Com pany on sllare- 65. Any summons or notice or any ^vrit or other proceeding at law or in equity requiring to be served upon the Company may be served by the same being left at or transmitted through the post directed to the principal officer of the Company or being given personally to the secretary or in case there be no secretary then by being given to any one director of the Company. 66. Notices requiring to be served by the Company upon the share- holders may unless expressly required to be served personally be served by the same being transmitted through the post directed according to the registered address or other known address of the shareholder within such period as to admit of its being delivered in the due course of de- livery within the period (if any) prescribed for the giving of such notice and in proving such service it shall be sufficient to prove that such notice was properly directed and that it was so put into the post office Provided that this enactment as to the time of transmission shall not apply to shareholders resident out of the Colony but in every such case such notice may be given to any person who may be the duly authorized agent of any such shareholder as last mentioned and shall have been recognized as such by the directors or such notice may be given by fourteen days notice by advertisement in the New South "Wales Grovernment G-azette and in one or more newspapers published in the city of Sydney. 67. All notices directed to be "given to the shareholders shall with respect to any share to which persons are jointly entitled be given to whichever of the said persons shall be named first in the register of shareholders and notice so given shall be sufficient notice to all the pro- prietors of such share. 6S. Every summons notice or other such document requiring authen- tication by the Company may be signed by two directors or by the secretary of the Company and need not be under the common seal of the Company. 69. If any person against whom the Company shall have any claim or demand become bankrupt or take the benefit of any Act for the relief of insolvent debtors it shall be lawful for the secretary or treasurer of the Company in all proceedings against the estate of such bankrupt or insolvent or under any fiat sequestration or act of insolvency against such bankrupt or insolvent to represent the Company and act in their behalf in all respects. 70. For the purpose of regulating the conduct of the officers and servants of the Company and for providing for the due management of the affairs of the Company in all respects whatsoever it shall be lawful for the Company subject to the provisions herein mentioned from time to time to make such by-laws and regulations as they think fit pro- vided that such by-laws be not repugnant to the laws of the Colony or to the provisions of this Act or to any resolution of any general meet- ing of shareholders and such by-laws shall be reduced into writing and shall have affixed thereto the common seal of the Company and copy of such by-laws shall be given to every officer and servant of the Company affected thereby. By-laws to be so 71. It shall be lawful for the Company by such by-laws to impose penafties may be such reasonable penalties upon all persons being officers and servants mitigated. gf the Company offending against such by-laws as the Company think fit not exceeding five pounds for any one offence Provided that the Notice to joint proprietors of shares. Autlientication of notices. Proof of debts in banlcruptcy. Power to malce and alter by-laws. FITZ EOT IRO]Sr AND COAL MINING- COMPANY. 481 same shalL be so framed as to allow the Justice or Justices before 18 Victoria. wliom any penalties imposed thereby may be sought to be recoTered to order a part only of such penalty to be paid if such Justice think fit. 72. The production of a printed or written copy of the by-laws of Evidence of by- the Company having the common seal of the Company afiixed thereto '^^^• shall be suflBcient evidence of such by-laws in all proceedings under the eame. 73. It shall be lawful for the Company by the order of any general power to raise a meeting to raise any further sum or sums of money not exceeding alto- amonSt share- gether two hundred thousand pounds in addition to the said capital of holders or by tiie two hundred thousand pounds for carrying out the objects of the said ^taoriberB.'"^" Company and the Company are hereby authorized and empowered to raise any such further sum or sums by contribution amongst them- selves or by the admission of other persons or subscribers to the Company and by issuing new shares of twenty pounds each to such contributors or subscribers but so that each contributor or subscriber shall not pay a less price than twenty pounds for each new share. 74. The capital so to be raised by the creation of new shares shall be New shares to be considered as part of the general capital and shall be subject to the p™t'of''the ^^ same provisions in all respects whether with reference to the payments general capital. of calls or the forfeiture of shares on the non-payments of calls or otherwise as if it had been part of the original capital except as to the times of making calls for such additional capital and the amount of such calls which respectively it shall be lawful for the Company from time to time to fix as they shall think fit. 75. Provided always that when the Company shall determine to issue Pre-emption to new shares under the provisions of this Act the directors shall by a ^rig1^i*g"a°'g. circular letter to be sent by post or otherwise and addressed to each of the then proprietors signify the number of new shares to be issued and the price thereof and the said proprietors shall within a period to be stated in such circular letter but not less than thirty days from the sending thereof be entitled to the option of taking all or any of such new shares in preference to any other persona and such of the said proprietors who within such period may signify in writing to the directors then" desire to partake in the distribution of such new shares shall as between themselves be entitled to have so many of such new shares as shall be in proportion to the number of their then present shares. 76. In case any person who shall agree to take any new shares shall After pre- aiot within the period to be fixed for such purpose by the directors (and ori^na"pr^riI- which shall not be less than thirty days) pay the price or deposit to be tors new shares required on any new shares allotted to him then and without prejudice by the dfrectors. to the remedies of the Company against him for enforcing such pay- ment it shall be lavidEul to the directors to allot any such shares to any other proprietor or person whomsoever at such price for each such share as they may think proper but not less than twenty pounds for the same respectively. 77. In case at any time it shall be thought expedient by the Com- proprietors may pany to raise any sum or sums of money by way of loan it shall be Jfonai™um it' lawful for the Company by any order of any general meeting of the necessary by Company to borrow and take up at interest any sum or sums not '^°'^s^s^- exceeding in the whole at any one time one-third of the amount of the jCapital of the Company then actually paid up and the Company after 2h 482 PITZ EOT lEON AND COAL MINING- COMPANY. Eights of mortgagees. Execution against share- holders. 18 VicTOELA. an order shall have been made for that purpose by any general meeting are hereby empowered to mortgage or assign the property of the Company or any part thereof as a security for any such sum with interest to such person as shall advance the same all which said mort- gages or assignments shall be made under the common seal of the Company and shall operate to charge the then future as well as the then present property of the Company any rule of law to the contrary thereof notwithstanding and all persons to whom such mortgages or assignments shall be made shall be equally entitled one with the other to their proportions of the said premises according to the respective sums in such mortgages or assignments mentioned to be advanced without any preference by reason of the priority of date of any such mortgage or assignment or any other account whatsoever. Mortgages not to 78. No such mortgage although it should comprise future calls on Company from the shareholders shall unless expressly so provided preclude the applying calls. Company from receiving and applying to the purposes of the Company any calls to be made by the Company. 79. If any execution either at law or in equity shall have been issued against the property or effects of the Company and if there cannot be found sufficient whereon to levy such execution then such execution may be issued against any of the shareholders to an amount equal to the amount of their shares respectively in the capital of the Company in addition to the amount of the said shares Provided always that no such execution shall issue against any shareholder except upon an 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 in writing 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 the register of share- holders required to be kept in the office of the Company as aforesaid Shareholders not without fee Provided further that nothing herein contained shall amount of"heh-° extend to charge or make liable any shareholder of the Company or subscribed hig real or personal estate with or for any debt or demand whatever shares and onan-i , -, ^ i p t ,t r-t • • t i • amount equal to due or to Dccome due from or by the Company or m anywise relatmg such shares. ^q the Said undertaking for any of the matters or things authorized by this Act to be made done or completed to a greater extent than the amount of their subscribed shares and a further amount equal to theic said subscribed shares any law to the contrary thereof in anywise notwithstanding. Shareholders to 80. If by means of any such execution any shareholder shall have amSpaid*'^ W^^ ^^J ^u™ of money beyond the amount then due from him in beyond calls due. respect of calls he shall forthwith be reimbursed such additional sum by the directors out of the funds of the Company. Names of 81. The Secretary or manager of the Company shall within thirty recorded''in the^ ^ays from and after the first day of January in each and every year or Registrar- as soon thereafter as may be practicable cause a true and correct list of the names of all the persons who shall be then existing proprietors or shareholders of the Company with their respective places of abode and descriptions verified by a declaration to be made by such secretary or manager to be recorded in the, office for the registry of deeds in the PITZ EOT lEOlSr AJSTD COAL MINING COMPANY. 483 Colony and the same shaL. be open for inspection at all reasonable 18 Victoeia. times by any person requesting tie same on the payment of a fee of one shilling for each inspection and if any such secretary or manager shall omit or neglect to cause such a list to be recorded in manner aforesaid or shall wilfully falsify any such list he shall be subject and liable to a penalty of one hundred pounds to be recovered by an action of debt in the Supreme Court by any person who shall sue for the same Proyided always that such action shall be commenced within two years from the time the offence shall be alleged to have been committed. 82. Every person whose name shall be so recorded as aforesaid shall Persons whose be considered taken and held to be a proprietor of the Company and raSed^to be' shall be liable as such until a new list of the names of the proprietors deemed pro- of the Company shall be recorded as aforesaid or until he shall have given notice in the Government Gazette of his retirement from the Company Provided however that nothing herein contained shall be deemed or construed to absolve any person from liability on account of any debts incurred by the Company during the time such person remained a proprietor or member thereof or to render any individual proprietor liable for any debts incurred by the Company except so far as he may be liable under the provisions of this Act. 83. The directors shall have the custody of the common seal and the Custody and use form thereof and all other matters relating thereto shall from time to "'^Toratcseai. time be determined at meetings of directors and the directors present at any meeting shall have power to use the common seal for the affairs and concerns of the Company and under such seal to authorize and empower any person without such seal to execute any deed and do all or any other such matters and things as may be required to be executed and done in behalf of the Company but it shall not be necessary to use the corporate seal in respect of any of the ordinary business of the Company or for the appointment of any attorney or solicitor for the prosecution of any action suit or other proceedings or of any officer or servant of the Company and such seal may be affixed to any deed or document by the hand of any person whom the directors shall appoint in that behalf and the affixing thereof shall be attested by one director and such person so appointed and in case any conveyance or other instrument under seal shall be executed wherein it appears that such conveyance or other instrument is executed in consideration of a money payment therein stated to have been made to the Company such execu- tion shall have no operation in law or shall operate only as an escrow (according as may be indicated in the attestation aforesaid) until the treasurer or other officer charged with the receipt of moneys on behalf of the Company shall have certified under his hand at the foot thereof that such consideration money has been duly paid. 84. The Company shall be at liberty upon an order made by three- Power to lease fourths of the shareholders present in person or by proxy at any general ™"^^ *°" meeting to lease the mines and other works of the Company or any part thereof to any Company or person upon and subject to all the usual and proper obligations on the part of the lessee for maintaining the property and works comprised in such lease in good and efficient repair and working condition during the continuance thereof and for so leaving the same at the expiration of the term thereby granted and such other provisions conditions obligations and agreements as are usually inserted in leases of a like nature.. 484 PITZ EOT IEOjN" and COAL MININa COMPANY. Provisions for dissolution of Company sales of effects or amalgamation with another Company. 18 Victoria. 85. In ease a majority o£ proprietors present in person or by proxy at any general meeting shall resolve that it is expedient to dissolve the Company and to sell or dispose of the mines and other property works and effects of the Company or to amalgamate the said Company with any other Company and to transfer such mines and other property works and effects to the amalgamated Company an extraordinary general meeting shall be called for the purpose of reconsidering such resolution and of affirming or disaffirming the same and if at such last- mentioned meeting the same or any modification thereof substantially in accordance therewith shall be adopted by a resolution agreed to by proprietors present in person or by proxy holding three-fourths of the votes of the Company then such dissolution sale amalgamation or trans- fer shall take place or be made accordingly Provided always that until all necessary arrangements shall be made by the directors (who are hereby empowered to make the same) for carrying such last-mentioned resolution into complete effect and until all claims and demands upon the Company shall have been satisfied and all acts remaining to be done by the Company shaU have been completed the several provisions here- in contained and all powers privileges rights and duties of the directors and of the shareholders respectively shall notwithstanding such resolu- tion as last aforesaid remain and continue in full force so far as the same may be necessary for winding up the concerns of the Company and making all such necessary arrangements for carrying such resolution into complete effect and for enabling the directors to pay and satisfy all claims and demands upon the Company or to make a division amongst the shareholders of the remaining assets of the Company. SCHEDULES EEPEEEED TO IN THE POEEGOING- ACT. SCHEDULE A. Names of the Proprietors of Shares in the Fitz Eoy Iron-mining Company with the number of Shares in the capital of the Fitz Roy Iron and Coal Mining Company allotted to and vested in them under this Act. Names of tlie Proprietors. No. of Shares held. 1 Jolin Moring . ... 699 2 Thomas Holmes 506 3 Thomas Tipple Smith 467 4 Joseph Moring 412 5 Abraham Davy 241 6 Thomas Tipple Smith Jane Smith and George Smith Davidson as exeou- tors of the will of William Tipple Smith deceased . 180 7 Frederick John Rothery 132 8 John KorflF 142 9 Samuel Playsted Jeston 130 10 John Burton 91 11 Stephen Hale Alonzo Marsh.. 59 12 Elizabeth Korff 67 13 Peter Barber Whitfield 65 14 Gordon Korff 51 15 William Griffin 41 16 David Dewar 20 17 John Jay Sparkea 20 18 Alexander Currie 10 Total 3,333 POEEST LODGE NEAE TAELO ESTATE. 485 SCHEDULE B. 18 Victoria. Form of Certificate of Shares. The Fitz Roy Ikon and Coal Mining Company. Number This ia to certify that of is the proprietor of the share numbered of the Fitz Roy Iron and Coal Mining Company subject to the regulations of the said Company. Given under the common seal of the Company the day of in the year of our Lord one thousand eight hundred and SCHEDULE C. Form of Transfer of Shares. I of in consideration of the sum of paid to me by of do hereby transfer to the said shares numbered in the undertaking called "The Fitz Roy Iron and Coal Mining Company" standing in my name in the books of the Company to hold unto the said his executors administrators and assigns {or successors and assigns) subject to the several conditions on -Hhich I held the same at the time of the execution hereof and I the said do hereby agree to take the said share subject to the same conditions. As witness our hands and seals the day of SCHEDULE D. Form of Proxy. I _ one of the proprietors of the i'itz Roy Iron and Coal Mining Company do hereby appoint of to be my proxy in my absence to vote in my name upon any matter relating to the undertaking proposed at the meeting of proprietors to be held on the day of next or at any adjournment thereof in such manner as he shall think proper. In witness whereof I the said have hereunto set my hand {or if a corporation say the common seal of the corporation) the day of one thousand eight hundred and EOREST LODGE NEAE TARLO ESTATE. An Act to authorize tlie sale of certain lands and here- 48 Yictoeia. ditaments conveyed upon certain trusts mentioned and declared in a certain Indenture dated the first day of May one thousand eight hundred and sixty- six and made between George Slocomhe of the first part Eliza Simons of the second part and Charles Newman and John Simons of the third part and to enable the Trustees thereof to invest the pro- ceeds of such sale for the persons entitled under such deed and for other purposes in this Act men- tioned. [20 June, 1884.] WHEEEAS by indenture bearing date the first day of May one Preamble, thousand eight hundred and sixty-six made between George Slocombe of the first part Eliza Simons of the second part and Charles Newman and John Simons of the third part after reciting that the said Eliza Simons was seised of certain real estate at Eorest Lodge near Tarlo and also of the land in the city of Goulbum and jras also possessed of 486 POEEST LODGE NEAH TAULO ESTATE.. 48 VicTOKiA. certain personal estate and that a marriage was tlien intended to he liad and solemnized between her the said Eliza Simons and the said Greorge Slocombe all and singular the real estate of the said Eliza Simons situate lying and being at Eorest Lodge near Tarlo in the city of Q-oulburn and all other the real estate of the said Eliza Simons in the Colony of New South "Wales to which she was or might be entitled for any estate whatever were together with the said personal estate conveyed assured and assigned unto and to the use of the said trustees their heirs and executors administrators and assigns upon trust that they the said trustees their heirs executors administrators and assigns respectively should stand seized of the said real estate and possessed of the said per- sonal estate and the annual income and profits to arise therefrom in trust for the said Eliza Simons her heirs executors administrators and assigns until the said intended marriage and after the solemnization thereof in trust to pay the annual income thereof and the rents issues and profits of the said hereditaments and premises into the proper hands of the said Eliza Simons during her natural life for her sole and separate use and benefit notwithstanding her coverture and without the same being subject to the debts control or engagements of the said Greorge Slocombe and so that her receipts alone should be good and suffi- cient discharges for the same and so that she should not have power to deprive herself of the benefit thereof by sale mortgage charge or otherwise in the way of anticipation And after her decease then in trust as to the said real estate at Eorest Lodge near Tarlo aforesaid to the use of the said Greorge Slocombe for his life without impeach- ment of waste and after the death of the survivor of them the said Greorge Slocombe and Eliza Simons in trust for all the children of the said Eliza Simons namely Mary Elizabeth Cartwright Sophia Jane Cartwright Ann Emily CartwrigTit Eliza Ann Simons Sarah Charlotte Simons and "William Taylor Simons and the children issue of the said intended marriage for such estates and interests and in such shares and with under and subject to such charges powers provisoes conditions limitations and remainders over for the benefit of all or any one or more of the said children and in such manner as the said Eliza Simons should notwithstanding coverture by any deed or deeds or by her last will or codicil appoint and in default of and until such appointment and so far as no such appointment should extend to the use of all the said children of the said Eliza Simons as tenants in common and if and so often as any of the said children should die without issue then as well as to his or her original share as to the share or shares that shall have survived or accrued to him or her or to the heirs of his or her body to the use of the others of the said children and their respective heirs as tenants in common and for default of such issue to the use of the said Eliza Simons her heirs and assigns for ever And as to for and concerning the real estate at Goulburn aforesaid and all other the real and personal estate of the said Eliza Simons whatsoever upon the trusts in the said inden- ture mentioned And it was by the now reciting indenture declared and agreed that it should be lawful for the said Eliza Simons from time to time as occasion might require to appoint new trustees or a new trustee to the now reciting presents And that the said trustees and all other trustees of the said in part recited presents should have all the powers privileges and protection conferred upon trustees by virtue of the Trustee Act of 1862 And whereas the said marriage was duly had and solemnized in pursuance of the said settlement And whereas the said Charles Newman departed this life on the twenty-ninth day of POEEST LODGE NEAE, TAELO ESTATE. 487 December one thousand eight hundred and sixty-six And whereas by 48 Victoeia. an indenture bearing date the fifth day of December one thousand eight hundred and seventy -nine and made between the said G-eorge Slocombe and the said Eliza Simons of the one part and Augustine Matthew Betts of the other part the said Augustine Matthew Betts was duly appointed a trustee of the said indenture of settlement in the place of the said Charles Newman deceased And the said Augustine Matthew Betts and John Simons are the present trustees thereof And whereas the said George Slocombe and Eliza Slocombe and the children of the said Eliza Slocombe are still surviTing and there is one child issue of the said marriage surviving but such child is under the age of twenty- one years And whereas the said Eliza Slocombe has executed no deed of appointment of the said land and hereditaments And whereas the said indenture of settlement contains no power to sell that portion of the real estate thereby conveyed which is situate at Porest Lodge near Tarlo and which is particularly described in the Schedule to this Act and by reason of one of the children of the said Eliza Slocombe being under the age of twenty-one years it is impossible without the assist- ance of Parliament to sell the said lands and hereditaments And whereas in consequence of there being no power to sell or demise the said lands for a longer period than the lives of the said John Simons and Eliza Slocombe the said lands remain unimproved and the buildings thereon are becoming dilapidated and of less value and the annual rents derivable therefrom are every year becoming less and the said land would now realize a high price and the money which would arise from the sale thereof if invested would return a far larger annual income than the rents which can be obtained for the said land and hereditaments And whereas for the reasons aforesaid it is expedient in the interests of the parties entitled under the said indenture of settlement that power to sell the said land and hereditaments should be conferred on the said trustees and that the proceeds of the sale of the said land and here- ditaments as shall from time to time be sold should be invested in manner hereinafter provided and the annual issues and profits to accrue from such investments be applied for the benefit of the respective persons entitled to the said lands and hereditaments and otherwise appropriated upon the trusts declared by the said indenture of settle- ment of and concerning the said lands and hereditaments situate at Porest Lodge near Tarlo aforesaid 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. Prom and after the passing of this Act all the lands and heredita- Lands vested in ments as are described in the Schedule of this Act and described in the present trustees. said indenture of settlement as being all and singular the real estate of the said Eliza Simons at Porest Lodge near Tarlo aforesaid shall be and are hereby vested in John Simons of Ehyanna near Goulbum in the Colony of New South "Wales farmer and Augustiae Matthew Betts of Goulburn aforesaid solicitor their heirs and assigns upon the trusts and to and for the ends intents and purposes and with under and subject to the powers and provisions hereinafter expressed and con- tained concerning the same. 2. It shall be lawful for the said John Simons and Augustiae Power to seU Matthew Betts or any two trustees hereafter to be appelated by virtue '™'*^' 48S. POEEST LODGE NEAE TAELO ESTATE. 48 ViCTOKiA. of the power in that behalf contained in the said indenture snch persona being hereinafter designated the said trustees to sell and absolutely dispose of all and singular the said lands and hereditaments mentioned and particularly described in the Schedule to this Act or any of them, or any part of- the same either by public auction or private contract either in one or in more lot or lots and in such manner generally and upon and subject to such terms and conditions as the said trustees shall deem expedient with power to buy in the said lands and heredita- ments or any of them or any part thereof at any sale by auction and to rescind or vary any contract for sale either on terms or gratuitously and to resell without being responsible for any loss occasioned thereby and upon any sale or sales to convey the land so sold to the purchaser or purchasers thereof his her or their heirs and assigns or as such pur- chaser or purchasers may direct freed and discharged from all trusts estates and interests affecting the same and the receipts in writing of the said trustees for the purchase money of any lands and heredita- ments so sold by virtue of this Act shall be full and sufficient discharges to any purchaser or purchasers from the same and from being bound to see to the application of the moneys therein expressed to be received and from any liability for the loss non-application or misapplication of the same or any part thereof. 3. It shall be lawful for the said trustees to allow any purchaser or purchasers credit for the payment of the whole or part or parts of hia her or their purchase money upon such terms as to interest or other- wise and generally as the said trustees may deem reasonable and expedient. 4. The said trustees shall stand seised and possessed of the said lands and hereditaments or of such portion thereof as may from time to time remain unsold upon the trusts and subject to the provisions in the said indenture of settlement expressed and declared of and con- cerning the same and from and immediately after the sale of any portion of the said lands and hereditaments shall stand possessed of the moneys arising from such sale upon trust in the first place to pay all costs and expenses of and incidental to the procuring and passing this Act and in the next place to pay and satisfy all costs and expenses incurred in and about the effecting of any sale or sales And after such payment as aforesaid upon trust to invest the net surplus of such moneys in any debentures or Q-overnment securities in New South "Wales or upon any freehold securities in the Colony of New South Wales And the said trustees shall have power from time to time in their discretion to vary or transpose any such investment or security into or for any other investment or security of the kind hereby authorized. 5. The said trustees shall stand possessed of such investments and securities and the net dividends interest and annual income and produce arising therefrom upon such trusts and with and subject to such powers provisions and declarations as shall or nearly may corres- pond with the uses trusts provisions and declarations in the said indenture of settlement expressed and contained concerning the said lands and hereditaments or any part or parts thereof respectively or such of them as shall be subsisting or capable of taking effect as the different nature and quality of the premises and the rules of law and equity vidll permit. Trustees may give credit for purchase moneys. Trustees to invest purchase moneys. To stand possessed of income and moneys upon trusts of settlement. POSTER'S TEUSTEES. 489 6. It is hereby declared that all and every the powers and authorities 48 Victoeia. which by this Act are conferred upon the said trustees shall extend New trusteea. and be exercisable in all respects by any new trustee or trustees who from time to time may be nominated and appointed in pursuance of the power in that behalf contained in the said indenture of settlement. 7. This Act may be cited as the " Forest Lodge near Tarlo Estate short title Act of 1884.." THE SCHEDULE REEEEEED TO. Eight hundred and eighty acres of land situate in the county of Argyle at Wooroondooroonbidgee Creek being the land granted to John Francis Maoarthur by grant dated the tenth December one thousand eight hundred and thirty-six Fifty-four acres situate at the same place being the land granted to William Simons by grant dated the eighth September one thousand eight hundred and fifty-nine Forty -five acres of land situate in the county of Argyle parish unnamed near Gpulburn being the land granted to William Simons on the twenty-third February one thousand eight hundred and sixty Fifty-six acres of land situate as aforesaid being the land granted to William Simons on the twenty-third February one thousand eight hundred and sixty Forty-six acres of land situate as aforesaid being the land granted to William Simons on the twenty-third February one thousand eight hundred and sixty Forty acres of land situate in the parish of Rhyana and county of Argyle being the land granted to William Simons on the seventh October one thousand eight hundred and seventy-nine Thirty-three acres of land lot thirty-five portion one being the land granted to William Simons deceased on thirty-first December one thousand eight hundred and sixty-one. FOSTER'S TRUSTEES. An Act to enable the Trustees for the time being of the e Viotoeia. will of Samuel Poster late of Birmingham gentle- man deceased to grant leases of land in the Colony of New South Wales. [7 September, 1842.] WHEEEAS Samuel Eoster late of Birmingham in the kingdom of Preamble. England gentleman deceased duly made signed and published his last will and testament in writing bearing date the twentieth day of March one thousand eight hundred and nineteen and thereby devised all his real estate in the Colony of Wew South "Wales to trustees therein named and their heirs upon certain trusts therein particularly men- tioned and set forth and whereas there is no power contained in the said will enabling the said trustees to grant leases and whereas it will be greatly for the benefit of all parties interested in the said trust estates if the trustees or trustee for the time being of the said will are empowered to grant building and other leases of the said hereditaments which cannot be effected without the aid and authority of the Legisla- ture Be it therefore enacted by His Excellency the Governor of New Trasteea of the South Wales with the advice o'f the Legislative Council thereof that g^mSdFostel from and after the passing of this Act it shall and may be lawful for empowered to the trustees or trustee for the time being of the will of the said Samuel ^"'™' '^"^^^^ Eoster by any deed or deeds instrument or instruments in writing to demise and lease the said lands and other hereditaments devised by the 490 POSTEE'S TEUSTEES. Trustees may grant building or improving leases. 6 VicTOEiA. said will or any part or parts thereof to any person or persons f ot any number of years not exceeding twenty-one years to take effect in pos- session and not in reversion at rack-rent without taking any premium or foregift for the same and so that the lessee execute counterparts thereof respectively thereby covenanting for the due payment of the rents and be not made dispunishable for waste. 2. And be it enacted That it shall and may be lawful to and for the said trustees or trustee for the time being of the said will by any deed or deeds writing or writings to demise or lease all or any part or parts of the said lands and hereditaments devised by the said will to any person or persons who shall or may improve the same or covenant and agree to improve the same by erecting and building thereon any new house or houses erections or buildings or to rebuild or repair any of the messuages tenements erections or buildings whatsoever which now are or hereafter shall be erected or stand on the same hereditaments or any part thereof or to expend such sum or sums of money on the improvements thereof respectively as shall be thought adequate to the interest therein respectively to be departed with for any term or number of years not exceeding twenty-one years to take effect in possession and not in reversion or in the way of future interest and so that in every such demise or lease there be reserved the best and most improved yearly rent or rents and so that the lessee or lessees execute a counter- part or counterparts thereof and thereby covenant for the payment of the rent to be thereby reserved. Nothing in this 3. Provided always and be it enacted That nothing in this Act con- ^ffectTny riffht" '''^^i'^^d shall be construed or taken to effect or apply to any right title &o. of Her privilege immunity or interest of Her Majesty Her heirs and successors cMporation™'' o"^ "^ ^''^7 ^oij ov bodies politic or corporate' or of any other person or persons except such, as are mentioned therein or of those claiming by or under him her or them. This Act to take effect when it shall have received the Royal approba- tion. 4. And be it enacted That this Act shall not commence or take effect until the same shall have received the Eoyal approbation and the noti- fication of such approbation shall have been made in the New South Wales G-overnment Q-azette by order of His Excellency the Grovernor for the time being of the said Colony. Then this Act to 5. And be it enacted That when and as soon as this Act shall have public Act* received the Eoyal approbation and the notification thereof shall have- been made as aforesaid the same shall be deemed and taken to be a public Act and shall be judicially taken notice of as such by the Judges of the Supreme Court of New South "Wales and by all other Judges Justices and others withia the Colony of New South Wales and its dependencies without being specially pleaded. 491 GIBSON'S ESTATE. An Act to enable the Trustees o£ a settlement made by 26 Victqkia. John Dickson Gibson and Catherine Anne Leary of land in the City of Sydney to sell the said land and to make provision for the investment of the proceeds of the sale thereof. [7 November, 1862.] WHEEEAS by an indenture bearing date on or about the eleventb preamble, day of October in tie year of our Lord one thousand eight hundred and fifty-four and made between John Dickson G-ibson of the first part Catherine Anne Leary of the second part and Andrew Lenehan Richard Harnett and Edward Wyld (therein styled trustees) of the third part reciting amongst other things an intended marriage between the said John Dickson G-ibson and Catherine Anne Leary and an agreement for the settlement of the conditions therein mentioned in manner thereinafter appearing it is witnessed that in consideration of the said intended marriage and in pursuance of the said agreement of the said Catherine Anne Leary with the privity and consent of the said John Dickson Gribson her intended husband and in pursuance of the power and authority to her reserred in and by a certain indenture bearing date the ninth day of August in the year of our Lord one thousand eight hundred and fifty-two and made between Daniel Joseph Tiemey and Andrew Lenehan of the first part G-eorge Leary of the second part the said Catherine Anne Leary of the third part and John Dunsmure of the fourth part and by virtue of every other power and authority her in anywise enabling in that behalf appointed and released the lands hereditaments and premises comprised ia the said indenture of the ninth day of August one thousand eight hundred and fifty-two and in the now reciting indenture of settlement also described or referred to unto the said trustees and their heirs for ever upon certain trusts in the said indenture of settlement expressed for the benefit of the said Catherine Anne Leary and John Dickson Gibson or the survivor of them and the children of the said intended marriage And whereas the said John Dickson G-ibson duly intermarried with the said Catherine Anne Leary and the said John Dickson G-ibson departed this life on or about the fifth day of September in the year of our Lord one thousand eight hundred and sixty-one leaving behind him the said Catherine Anne G-ibson (late Catherine Anne Leary) and issue of the said marriage him surviving And whereas the said Edward Wyld has never in any way acted or intermeddled in the trusts of the said settlement And whereas the said indenture contains no power for the trustee or trustees therein named or thereby appointed to sell the said land And whereas the buildings on the said land are very old and from time to time require great outlay and expenditure to keep them in tenantable repair And whereas it is considered that if authority can be obtained for the sale of such land the proceeds of the sale thereof may from time to time be advantageously invested in the purchase of other lands in New South Wales or upon real or G-overnment security therein And whereas the said Catherine Anne G-ibson is desirous that the said lands should be sold and the proceeds thereof invested as aforesaid Be 492 GIBSON'S ESTATE. 26 VicTOEiA. 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 JSTew South Wales in Parliament assembled and by the authority of the same as follows — ■ Land maybe 1. It shall be lawful for the said Andrew Lenehan and Richard Har- veyedlo pur' nett as such trustees as aforesaid or the trustee or trustees for the chasers dis- time being of the said settlement to sell the lands and hereditaments the trust/ o? Comprised in the said indenture either by public auction or by private settlement. contract and either in one or more parcels ^or allotments and with such rights-of-way in and over any portion of such land as he or they shall deem most expedient and for such price or prices as can be reasonably obtained for the same and when sold to convey the same or any part or parts thereof to the purchaser or purchasers their or his heirs or assigns or to such uses and in such manner as such purchaser or pur- chasers may direct and thereupon the said hereditaments or such part thereof as shall be so conveyed by the said Andrew Lenehan and Richard Harnett or the trustees or trustee for the time being of the said settlement and the legal estate therein shall vest absolutely in the person or persons to whom the same shall be so conveyed their heirs and assigns or go and remain to such uses and in such manner as aforesaid freed and discharged from the trusts created by the said indenture. Credit may be 2. It shall be lawful for the said Andrew Lenehan and Richard chasers°for'pay- Harnett or the trustee or trustees for the time being of the said settle- mentof purchase ment to allow to any purchaser or purchasers of the said land or any part or parts thereof credit for any number of years not exceeding seven years for payment of his or her purchase money or any part thereof upon such terms as to interest or otherwise as may by the said Andrew Lenehan and Richard Harnett or the trustee or trustees for the time being of the said settlement be deemed proper Provided the land shall remain unconveyed or be otherwise rendered a security for the unpaid purchase money together with the interest thereon until the same shall have been paid and further that either as a part of the con- tract of purchase or otherwise it shall be lawful for the said Andrew Lenehan and Richard Harnett or the trustee or trustees for the time being of the said settlement to lay out and invest any part of the pro- ceeds of the sale of the said land or any other land originally comprised in the said trusts or any part of the said trust moneys upon mortgage of the same or of any other part of the said land to be taken from any purchaser or purchasers thereof or his her or their heirs or assigns. Proceeds of sales 3. It shall be lawful for the said Andrew Lenehan and Richard Government or™ Harnett or the trustee or trustees for the time being of the said settle- in ae^^urchile' ^^''^^ ^* ^^^i'^ °^ ^i^ discretion to invest the moneys belonging to the of other lands to trusts of the said settlement either at interest upon real securities or t™t3''o?Bettil'?'' debentures of the Grovernment of New South Wales or upon purchase ment. of other lands and hereditaments in New South Wales as the said Andrew Lenehan and Richard Harnett or the trustee or trustees for the time being of the said settlement shall think fit and either or any of the modes of investment shall be deemed and construed to be equally in accordance with the intent and meaning of the said settle- ment and shall be subject to the trusts of the said settlement so far as such trusts shall be applicable thereto. Short title. 4. This Act shall be styled and may be cited as " Gribson's Estate Act." 493 GLEBE BOEOUGH. An Act to enaljle the Borou2:li of the Glebe to sell and 42 Victoria. dispose of two portions of land situate in the county of Cumberland parish of Petersham at Grose Earm on the old Parramatta Boad granted to the Muni- cipal Council of the Glebe as sites for Council Chambers and a School of Arts respectively and to provide for the appropriation of the proceeds thereof. [20 November, 1878.] WHEEEAS by a deed-poll or grant from the Crown bearing date Preamble, the twenty-fifth day of March one thousand eight hundred and seventy -fiye under the hand of His Excellency Sir Hercules G-eorge !Robert Eobinson Gr.C.M.Gr. the Grovernor for the time being of the Colony of New South "Wales and under the seal of the said Colony Her Most Graeious Majesty Queen Victoria did grant unto the Municipal Council of the Grlebe and their successors all that piece or parcel of land in our said Colony containing by admeasurement one rood thirty perches and half of a perch be the same more or less situated in the county of Cumberland parish of Petersham at Grrose !Farm on the old Parramatta Eoad portion fifteen and seventeen Com- mencing at the south-eastern side of the old Parramatta Eoad at the north-western corner of portion eighteen and bounded thence on the east by part of the west boundary-line of that portion bearing south thirteen degrees forty-four minutes east two chains and fifty-eight links on the south-east by the north-western boundary -line of portion fourteen bearing west twenty-five degrees seventeen minutes south one chain and eighty-two links to a road wide on the south- west by that road bearing north forty-one degrees twenty-six minutes west one chain and seven links on the north-west by the south-eastern boundary-line of portion sixteen appropriated for a School of Arts bearing east twenty-nine, degrees twenty-two minutes north one chain sis links and one-half of a link again on the south-west by the north- eastern boundary-line of that appropriation bearing north twenty- eight degrees west one chain fifty^two links and one-half of a link to the old Parramatta Eoad aforesaid and again on the north-west by that road north-easterly one chain sixty-five links and one-half of a link to the point of commencement with all the rights and appurtenances thereto belonging to hold unto the Municipal Council of the Grlebe and their successors for ever yielding and paying therefor yearly and every year the quit rent of one peppercorn on demand subject to the conditions reservations and provisoes thereinafter mentioned and upon and for the trusts intents and purposes thereinafter declared of and concerning the said land that is to say upon trust to use the said land as the site for Council Chambers and for no other use or purpose whatsoever And whereas by a deed-poll or grant from the Crown bearing date the twenty-fifth day of March one thousand eight hundred and seventy-five under the hand of His Excellency Sir Hercules Greorge Bobert Eobinson Gr.C.M.GI-. the Grovernor for the time being of the Colony of New South Wales and under the seal of the said Colony Her Most Gracious Majesty Queen Victoria did grant unto the Municipal 494 aLEBE BOEOUGH. 42 Victoria. Council of the Grlebe and their successors all that piece or parcel of land in the said Colony containing by admeasurement thirty perches and one- half of a perch be the same more or less situated ia the county of Cum- berland parish of Petersham at Grose Earm on the old Parramatta Eoad portion sixteen Commencing on the south-eastern side of the old Parra- matta road at the western corner of portion seventeen being part of the appropriation for Council Chambers and bounded thence on the north-west by that road south-westerly one chain eighteen links and one-half of a link on the west by lines bearing south twelve degrees forty-two minutes west fourteen links south one degree twelve minutes west twelve links and thence south twenty-four degrees fifty minutes east fourteen links on the south-west by a road one chain wide bearing south forty-one degrees twenty-six minutes east one chain thirty-one links and one-half of a link on the south-east by part of the north- western boundary of portion fifteen being part of the appropriation for Council Chambers bearing east twenty-nine degrees twenty-two minutes north one chain six links and one-half of a link and on the north-east by the south-western boundary of portion seventeen afore- said bearing north twenty-eight degrees west one chain fifty-two links and one-half of a link to the point of commencement to hold unto the Municipal Council of the Glebe and their successors for ever yielding and paying therefor yearly and every year the quit rent of one peppercorn on demand subject to the conditions reservations and provisoes thereinafter mentioned and upon and for the trusts intents and purposes thereinafter declared of and concerning the said land (that is to say) upon trust to use the said land as a site for a School of Arts and for no other use or purpose whatsoever And whereas the said parcels of land are not situated in a convenient or suitable position for the purposes for which they were granted And it has been deemed expedient by the said Municipal Council of the said borough that the said parcels of land and hereditaments should be sold and the proceeds arising from such sale applied in or towards the purchase of another parcel ,of land in the said borough in a more convenient and suitable position and in the erection thereon of a building or buildings to be used for Council Chambers and a School of Arts And whereas the said land cannot be sold without the authority of an Act of Parliament 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 I>i"ew South "Wales in Parliament assembled and by the authority of the same as follows : — 1. It shall be lawful for the borough of the Glebe to sell and dispose of the land comprised in the hereinbefore recited grants either by public auction or private contract and either in one lot or in several lots as the Municipal Council thereof may think most expedient for such price or prices as may be reasonably had or obtained for the same and upoil such terms and conditions of sale as the said Municipal Council may deem expedient with power to buy in the said land or any part or parts thereof at any auction sale or to rescind or vary the terms of any con- tract for sale without being responsible for any loss occasioned thereby and under the corporate seal of the said borough to convey transfer and assure the said land or any part or parts thereof in fee simple to the purchaser or purchasers thereof respectively his her or their heirs and assigns freed and discharged from all or any of the aforesaid or other trusts affecting the same. Power to sell. GLEBE BOEOIJGH. 495 2. The receipt of the treasurer for the time being of the said borough 42 Victoria, of the Grlebe for any money to arise from such sale or sales of the said Receipt of parcels of land or either of them or any part or parts thereof respec- guS^nJ *° ^^ tively shall be an effectual and absolute discharge to the purchaser or purchasers thereof and shall wholly and completely exonerate him her or them from seeing to the application thereof and from all liability as to the misapplication or non-application thereof. 3. It shall and may be lawful for the said Municipal Council to allow Power to sell on any purchaser or purchasers of the said parcels of land or any or either ""'"'■ of them or any part or parts thereof respectively credit for any part of his her or their purchase money upon such terms as to interest or other- wise as the Municipal Council may deem reasonable and proper Pro- vided that such parcels of land or such part or parts thereof for the purchase money of which credit shall be given shall remain unconveyed or shall be rendered a security by charge mortgage or otherwise for so much of the purchase money thereof as shall remain unpaid together with interest thereon until payment thereof the Hen of the said borough as vendor continuing notwithstanding any other arrangement as to other security for the purchase money or any part thereof remaining unpaid. 4. The moneys arising from such sale or sales shall be applied by the Trasts of said Municipal Council in the first place in paying thereout the costs ^'^"'"'^ '■ and expenses of and incidental to obtaining this Act and the expenses incurred in and about such sale or sales and in the next place in or towards the purchase of lands and premises within the said borough of the Glebe and the remainder of such moneys (i£ any) shall be applied by the said Council in or towards the erection upon the said lands so purchased as aforesaid of a building or buildings to be used as Council Chambers and a School of Arts or in the improvement of any buildings that may be on the said land at the time of such purchase. 5. The land and premises which shall be so purchased as aforesaid Land to be pnr- shall be conveyed and assured to and remain vested in the borough of ve^la i^the the Glebe upon trust to use the same for a site for Council Chambers borough of the and a School of Arts and with and subject to the same powers and pro- trust! "^™ visions as are expressed in the hereinbefore recited deeds of grant in respect of the land therein described except so far as the said trusts powers and provisions are altered or enlarged by this Act. 6. It shall and may be lawful for the said Municipal Council for any Power to make of the purposes aforesaid to make all any or every such rules and regu- "gS^t^ong. lations for the use of the said land so purchased as aforesaid or any part or parts thereof or for the government or management of any building or bundings that may be erected thereon or any portion or portions of such buildings respectively and to vary or alter the same from time to time as it may thiik fit for any of the purposes aforesaid in accordance with the powers given to or vested in the said Council by the Municipalities Act Of 1867. 7. This Act may be styled and may be cited as the " Glebe Borough short title. Act of 1878." 496 GOULBURN SCHOOL TEUST. 33 Victoria. An Act to enable Eobei't Waugli William Cliatfield Philip Dignam and Charles Hamilton "Walsh sur- viving Trustees of the Goulburn School to dispose of by sale and to convey the said Goulburn School land and premises and to apply the net proceeds of such sale ratably amongst the contributors to the Goul- burn School Fund their representatives or assigns. [20 April, 1870.] Preamble. \\I HERE AS on the eiglith day of Eebruary one thousand eight W hundred and fifty- eight a fund was created by contributions for the establishment of a classical and commercial day and boarding school in the city of Groulburu to be called the Groulburn School And whereas it was agreed by the contributors to the said fund that the same should be vested in trustees subject to the trusts rules and regulations contained in a proposed deed of settlement then approved of but not executed And whereas by such proposed deed it was provided that it should be lawful for the trustees of the said school to purchase land and hereditaments for the purposes of the said school and to sell all or any of the said lands and hereditaments and in the event of such sale that the said trustees should be possessed of all moneys to arise from such sale in trust for the several contributors to the said fund rateably in proportion to the amount of their respective contributions And whereas at a meeting of the said contributors William Chatfield Robert "Waugh Philip Dignam Moss Marks and Charles Hamilton Walsh were nominated and appointed trustees of the said fund and of the said Q-oulburn School And it was by the- said proposed deed pro- vided that the said trustees should not execute the power of sale thereby intended to have been given unless and until they should have first ob- tained the consent in writing of two-thirds of the contributors to the said fund to the exercise by the said trustees of such power of sale And it was also thereby provided that the purchaser or purchasers should not be bound to see or inquire whether such consent had been obtained or otherwise as to the propriety or regularity of such sale and that notwithstanding any impropriety or irregularity whatever ia any such sale the same should as regards the safety and protection of the purchaser or purchasers be deemed and taken to be within the said power of sale and be valid and effectual accordingly And whereas by an indenture bearing date the twenty-eighth day of "Pebruary one thou- sand eight hundred and fifty nine and made between the said WilHam Chatfield of the one part and the said Charles Hamilton Walsh of the other part in consideration of the sum of two hundred pounds therein expressed to be paid by the said Charles Hamilton Walsh to the said William Chatfield the said William Chatfield did grant and release the lands and hereditaments therein described as allotments numbers four and five of section eleven in the town of G-oulburn unto and to the use of the said Charles Hamilton Walsh his heirs and assigns for ever And whereas by deed poll bearing date the first day of March one thousand &OULBUEN SCHOOL TEUST. 497 eight tundred and fifty -nine indorsed on tlie said indenture of twenty- 33 Victoria. eighth February one thousand eight hundred and fifty-nine and made by the said Charles Hamilton Walsh he thereby declared that the sum of two hundred pounds in said indenture mentioned as the purchase money of the said hereditaments and premises was the proper money of the said William Chatfield Eobert "Waugh Philip I)ignam Moss Marks and Charles Hamilton "Walsh trustees of the Groulburn School and that his name was made use of in trust only for the said trustees And whereas' the contributors to the said School Fund are desirous of selling the said lands and hereditaments and of empowering the said trustees to do so but doubts have arisen as to the power of the said trustees to do so in consequence of the non-completion of the said proposed deed of settlement And whereas the said Moss Marks died on or about the fifth day of August one thousand eight hundred and sixty-nine 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. That it shall be lawful for the said "William Chatfield Eobert Power to sell "Waugh Philip Dignam and Charles Hamilton "Walsh or the survivor of C ds™™^ them to sell and dispose of the said lands and hereditaments comprised in the said iudenture of twenty-eighth Pebruar^' eighteen hundred and fifty-nine by public auction or private contract and either in one lot or in several lots and subject or not at their or his absolute discretion to any special conditions or stipulations as to title evidence of title or otherwise howsoever for such price or prices as can be reasonably obtained for the same and when sold to convey the same or any part or parts thereof to the purchaser or purchasers thereof and thereupon the same shall vest absolutely in the said purchaser or purchasers his or their heirs or assigns freed and discharged from all trusts affecting the same and the receipt of the said trustees or survivor of them shall absolutely discharge the purchaser or purchasers thereof from the purchase money by him or them paid respectively and shaU exone- rate him or them from seeing to the application of the said purchase money and from all liability as to the misapplication or non-application thereof. 2. The said trustees or the survivor of them shall stand possessed of Proceeds of sale all moneys arising from any and every such sale or sales as aforesaid contributors &c. to pay and apply the same to the said contributors to the said fund or their representatives or assigns ratably in proportion to the amount of their respective contributions Provided always that if the interest of all or any of the said contributors shall have been transmitted by will death insolvency marriage or by any other lawful means or in case of incapacity from any cause the said trustees shall not be bound to inquire into the validity of such transmission or to pay to the parties claiming thereunder but it shall be lawful for the said trustees from time to time to deposit all such moneys arising or to arise in respect of such share or shares so transmitted into the Groulburn Branch of the Sydney Savings Bank in the matter of the particular share or shares describing the same by the name or names of the parties as accurately as may be for the purpose of distinguishing the same and in every such case the receipt of the proper officer of the said Bank for the money so paid shaU be a sufficient discharge to the said trustees for the money so deposited. 2i 498 G-OIJLBIJElSr MEAT-PEESEEVING- COMPANY. 33 ViCTOEIA. Withdrawal of deposited moneys. 3. Wlien any money shall be so deposited as last aforesaid it stall be lawful for any Judge of the Supreme Court or of the District Court holden at Groulburn on the petition of any party claiming such money to order that the same shall be paid to such party provided such party shall establish an equitable right thereto and provided also that notice of such application by petition shall be given in one or more newspapers published in Groulburn twenty days before the hearing of such petition And the said bank shall pay such money according to such order and such payment shall be a discharge to the said bank from the claims of all persons whomsoever. GOULBURN MEAT-PRESEEVING COMPANY'S INCORPOEATION. 34 Victoria. An Act to incorporate the Goulburn Meat-]oreserving Company (Limited) and to enable the said Com- pany better to carry on and to transact the business of the same. [26 October, 1870.] Preamble. \\l HEEEAS a Joint stock Company called the Q-oulbum Meat- VV preserving Company has lately been established at Goulburn in the Colony of New South Wales under and subject to the rules regulations and provisions contained in a certain deed of settlement bearing date the fifteenth day of January one thousand eight hundred and seventy purporting to be the deed of settlement of the said Com- pany And whereas by the said deed of settlement the several parties thereto have respectively and mutually covenanted and agreed that they whilst holding shares in the capital of the said Company should become remain and continue until dissolved under the provisions in that behalf therein contained a joint stock Company for the express object of carrying on the business thereof under the name style and title of the Groulburn Meat-preserving Company for the purpose of carrying on the business of preserving salting smoking freezing drying or otherwise curing of meat by any process whatever the manufacture of tallow and the general utilization of animal matter in the Colony of New South Wales And also for purchasing and importing the neces- sary materials for the making and manufacturing thereof And also for selling and disposing of and exporting of all such products manu- factured or otherwise to any part of the world and for all or any of the purposes aforesaid to purchase oxen sheep and other animals alive or dead to engage hire build or purchase suitable premises and to erect the necessary machinery for the carrying on of all such operations And whereas it was by the said deed of settlement agreed that the capital of the said Company should until increased under the provisions in the said deed of settlement contained consist of fifteen thousand pounds sterling to be contributed in fifteen thousand shares of one pound each And whereas by the said deed of settlement provision has been made for the due management of the affairs of the said Company by certain directors and auditors already appointed and by other directors and auditors to be from time to time elected and appointed as their successors by the shareholders of the said Company aOULBUEN MEAT-PEESEEYINa COMPANY. 499 And wliereas the said Company is desirous of being incorporated as a 34 Victokia. Company with limited liability and it is expedient that the said Com- pany should be incorporated accordingly Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and con- sent 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 following words and expressions in the Act shall have the interpretation several meanings hereby assigned to them unless there be something ° °'"^'^' in the subject or the context repugnant to such construction (that is to say)— The expression "the Company" shall mean the Company incor- The company. porated by this Act. The expression " the directors" shall mean the board of directors The directors, of the Company duly appointed under the provisions of the deed of settlement of the Company. The word " shareholder" shall mean shareholder proprietor or Shareholder, member of the Company. The expression "deed of settlement" shall mean the deed of Deed of settlement of the Company and any addition to alteration or settlement. amendment thereof which may be made ia pursuance of the provisions thereof. 2. Such and so many persons as have already become or at any time Company or times hereafter shall or may in the manner provided by and subject ""=<"'P"''**'^ • to the rules regulations and provisions contained in the said deed of settlement become holders of shares of or in the capital for the time- being of the Company and shall have executed the said deed of settle- ment shall subject nevertheless to the conditions regulations and provisions hereinafter and in the said deed of settlement contained be one body politic and corporate with limited liability as hereinafter provided under the style title and name of the G-oulburn Meat-preserv- ing Company (Limited) and by that name shall and may make and take grants assurances (absolute or otherwise) demises or assignments of any lands hereditaments goods chattels and effects whatsoever and shall and may sue and implead and present or make any petition or motion and institute carry on and conclude any proceeding at law or in equity and in any branch or jurisdiction of the Supreme Court and in any other Court whatsoever either now or hereafter to be established against any person whether a member of the Company or not and may be sued and impleaded by any person whether a member of the Com- pany or not in all Courts whatsoever at law or in equity and may prefer lay and prosecute any indictment information or prosecution against any person whomsoever whether a shareholder or not for any crime or offence whatsoever and in all indictments informations and prosecutions it shall be lawful to state the money goods effects bills notes securities or other properties of whatsoever nature of the Com- pany relative to such indictment information or prosecution is pre- ferred laid or prosecuted to be the money goods effects bills notes securities or other properties of the Company and generally to designate the Company by its corporate name whenever for any purpose whatso- ever such designation shall be necessary and the Company shall have perpetual succession with a common seal which may be altered varied and changed from time to time at the pleasure of the Company. 500 GOTTLBUEN MEAT-PEESEEVING- COMPANY. 34 ViCTOBIA. Deed of settle- ment confirmed and clauses &c. therein to be the by-laws for the time being of the Company, Evidence of by- laws. Power to pur- chase and hold lands &c. 3 . Tte several laws rules regulations provisions clauses and agreements- contained in the said deed of settlement and to be from time to time and at any time made in pursuance of tlie provisions for that purpose contained therein are and shall as the same shall continue or be as originally made or shall in pursuance of the provisions in that behalf in the said deed of settlement contained be from time to time and at any time altered varied or amended be the by-lavs^s for the time being of the Company 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 with or repugnant to any of the provisions of this Act or of any of the laws or statutes now or hereafter to be in force in the said Colony Provided always that any such laws rules regulations provisions clauses and agreements may from time to time and at any time be amended altered or repealed either wholly or in part in the manner provided by the said deed of settlement But no rule or by-law shall on any account or pretence whatsoever be made by the Company 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 the said deed of settlement or of this Act or of any of the laws or statutes in force in the said Colony. 4. The production of a written or printed copy of the said deed of settlement or of any rules by-laws or regulations to be made in pursu- ance thereof or in pursuance of this Act having the common seal of the Company affixed thereto shall be sufficient evidence in every Court of civil or criminal jurisdiction of such deed of settlement and of all the contents and provisions thereof and of the rules by-laws and regula- tions of the said Company for the time being and at the time of the affixing thereto the said seal of the Company and the' certificate of the manager for the time being of the time at which the said seal shall have been affixed to the said printed copy shall be evidence of the fact of the seal having been affixed at the date or time at which it pur- ports to have been affixed and the provisions rules by-laws and regula- tions contained in such printed copy shall be taken and held in any and every Court in which the same shall be produced to be the then continu- ing and existing and unaltered and unvaried unless the contrary shall be proved. 5. It shall be lawful for the Company notwithstanding any statute or law to the contrary to purchase take hold and enjoy to them and their successors for any estate term of years or interest or under license any lands houses offices buildings or hereditaments as may be necessary or proper for the purpose of managing conducting and carry- ing on the affairs concerns and business of the Company and to sell mortgage convey assign assure demise or otherwise dispose of or act in respect of such lands houses offices buildings and hereditaments as occasion may require and no person purchasing or taking any assurance (absolute or otherwise) demise or assignment of any property real or personal from the Company shall be bound to inquire as to the necessity or advisability of any such assurance demise or assignment and the receipt of the manager for the time being of the said Company for any money paid on or with respect to any such assurance demise or assign- ment shall absolutely discharge the person taking any such assurance demise or assignment from seeing to the application of any such money paid by him thereon or with respect to the same and from being in any way answerable or accountable for any non-application or mis-applica- tion thereof provided that such person was not at the time of any such GOTJLBUEN MBAT-PEESEEVINa COMPANY. 501 Teceipt a party to or cognizant of any sucL. non-application or misappli- 34 Victoeia. cation or contemplated or intended non-application or misapplication of any sucli money or any part thereof. 6. It shall be lawful for the Company from time to time to extend or increase of increase its capital for the time being by the creation and disposal "^^p'**'- of new shares in the manner specified in the said deed of settlement. 7. It shall be lawful for the directors from time to time as they shall Po^er to borrow see fit in the manner specified in the said deed of settlement to make '"*""'•''■ accept and indorse such promissory-notes or bills of exchange on behalf of the Company for any purposes connected with the affairs and busi- ness of the Company and the making accepting and indorsing of any such promissory-notes or bills of exchange by the chairman of the Company or other person authorized in that behalf by the directors for and on behalf of the Company shall be binding against every share- holder and it shall be also lawful for the directors on behalf of the Company to procure advances and to borrow money and to pay off and discharge such advances in the manner for the purposes and subject to the restrictions specified in the said deed of settlement. 8. AH the lands goods chattels securities covenants debts moneys Property at choses in action property and things at present vested in the trustees trulteeVto be- of the Company or any other person on behalf of the Company shall come vested in immediately after the passing of this Act become vested in the Com- '""Tora ion. pany for the same estate and interest and with the like powers and authorities as the same are now vested in the said trustees or other iperson without any assignment or conveyance whatever. 9. Hothing in this Act contained shall prejudice or be construed to Act not to pre- prejudice any call made or any contract or other act deed matter or j.on5S^"J„ thing entered into made or done by the Company or by any person on already entered behalf of the Company under or by virtue of the said deed of settle- ™'°' ment before this Act shall have come into operation but the same call contract act deed matter or thing shall be as valid and effectual to all intents and purposes and may be enforced by or against the Company in like manner as if the Company had been incorporated before the same call contract act deed matter or thing had been made entered into or done. 10. The shares in the capital of the Company and all the funds and shares to be property of the Company and all shares therein shall be personal estate P^'^^™^'' ^^t^''^- and transmissible as such subject to the restrictions for that purpose contained in the said deed of settlement and shall not be of the nature of real estate. H. Subject to the provisions and restrictions in that behalf and Transfer of with respect thereto in the said deed of settlement contained every deed? " ^ ^ shareholder may sell and transfer all or any of his shares in the capital of the Company (but not a fractional part of a share) and every such transfer shall be by deed and according to a form to be approved of by the directors and the transferee of such shares shall so soon as he has complied with the provisions relative to the transfer of shares and sub- ject to the provisions in that behalf contained in the said deed of settlement become a shareholder in respect of the same shares in every respect. 12. The Company shall not be bound to notice or see to the execu- company not tion of any trust whether express implied or constructive to which any tmeta.'" '^^"^ share may be subject and the receipt of the party in whose name any fiuch share shall stand in the books of the Company or if it stands in 502 GOULBUEN MEAT-PEESEEVI]S"G- COMPANY. The assignee of insolvent share- holder and the trustees of assigned estates to nominate some person to become pro- prietor in respect of shares of such insolvent or assigned estate. Declaration in action for calls. 34 ViCTOEiA. the name of more parties than one the receipt of one of the parties named in the Shareholders' Register Book hereinafter mentioned shall from time to time be a sufficient discharge to the Company for any dividend or other sum of money payable in respect of such share not- withstanding the Company have had notice of such trusts and the Com- pany shall not be bound to see to the application of the money paid upon such receipt or be in any way answerable for the non-application or misapplication thereof. 13. In case the assignees of any insolvent shareholder shall elect to accept the shares of such insolvent or in case the trustees of any estate assigned for the benefit of creditors shall elect to accept the shares belonging to such assigned estate such assignees or trustees shall forth- with nominate some other person to become a proprietor in respect of such shares such nominee to be subject to the approval of the directors But in no case shall such assignees be themselves entitled to become shareholders in respect of the shares of any insolvent shareholder nor shall such trustees be themselves entitled to become shareholders in respect of the shares belonging to any estate assigned for the benefit of creditors. 14. In any action or suit to be brought by the Company against any shareholder to recover the money due for any call made by virtue of this Act or of the said deed of settlement it shall not be necessary to set forth the special matter but it shall be sufficient for the Company to declare that the defendant is the holder of one or more share or shares in the capital of the Company (stating the number of shares) and is indebted to the Company in the sum to which the calls in arrear shall amount in respect of one or more call or calls upon one or more share or shares (stating the number and amount of each of such calls) whereby an action hath accrued to the Company. Matter to be 15. On the trial or hearing of such action or suit it shall be suffi- for caUs" ^°''™ cient to prove that the defendant at the time of mating such call was a holder of one share or more in the capital of the Company and that such call was in fact made and such notice thereof given as is pro- vided for that purpose in the said deed of settlement and it shall not be necessary to prove the appointment of the directors who made such call nor any other matter whatsoever and thereupon the Company shall be entitled to recover what shall be due upon such call with interest thereon. 16. The Company shall keep a book to be called the Shareholders' Eegister Book and in such book shall be fairly and distinctly entered from time to time the names and addresses of the several persons holding shares in the Company together with the number of shares of such shareholders. 17. The production of the Shareholders' Eegister Book shall be admitted in all Courts of civil and criminal jurisdiction as primd facie evidence of the person named therein as a shareholder being such shareholder and of the number of his shares and of the fact of the person being sued for a call or calls being the same person as that mentioned in the said register book as being such shareholder and every shareholder or other person having a judgment at law or a, decree in equity against the Company may at all convenient times peruse the Shareholders' Eegister Book gratis and may require a copy Registry of shareholders. Shareholders' Register Book to be evidence. G-OULBUEN MEAT-PEESEEVINa COMPANY. 503 thereof or any part tliereof and for every one hundred words so 34 Victoeia. required to "be copied the Company may demand a sum not exceeding one shilling. 18. In every case dividends or bonuses shall be declared and paid out Dividend to be of the net gains and profits of the Company and not out of the capital only.''""" '^'°^^^ for the time being of the Company or any portion thereof. 19. If any execution either at law or in equity shall be or shall have Execution been issued against the property or eifects of the Company and if there holders.*'""^''' cannot be found after due diligence sufficient whereon to levy such execution then such execution may subject to the provisions of the twenty -first section of this Act be issued against any of the shareholders for the time being or any former shareholder until such execution shall be fully satisfied Provided that no such execution shall be issued against any shareholder or former shareholder for any amount beyond the sum due by such shareholder in respect of the amount subscribed for and unpaid by him Provided always that no such execution shall issue against any such shareholder or former shareholder except upon an 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 in writing to the person sought to be charged and upon such motion such Court may order execution to issue accordingly Provided further that in case of execution against any former share- holder it shall be shown that such former shareholder was a shareholder of the Company at the time when the contract or engagement was entered into for breach of which contract or engagement such execu- tion shall have been issued or become a shareholder during the time such contract or engagement was unexecuted or unsatisfied or was a shareholder at the time the judgment or decree was obtained upon which judgment or decree such execution shall have issued Provided also that in no case shall such execution be issued against the person property or effects of any former shareholder after the expiration of one year after the person sought to be charged shall have ceased to be a shareholder of the Company. 20. Every shareholder against whom or against whose property or Eeimbureement effects execution upon any judgment decree or order obtained as afore- °' shareholders, said shall have been issued as aforesaid shall be entitled to recover against the Company all loss damages costs and charges which such shareholder may have incurred by reason of such execution and after due diligence used to obtain satisfaction thereof against the property and effects of the Company and failure to obtain such satisfaction either in full or in part such shareholder shall be entitled to contribution for so much of such loss damages costs and charges as shall remain unsatisfied from the several other shareholders against whom execution upon such judgment decree or order obtained against the Company might also have been issued under the provision in that behalf aforesaid and such contribution may be recovered from such shareholders as aforesaid by action at law for money paid for and to the use of such shareholders as and by way of contribution and no defendant in any such action shall be entitled to raise or set up the defence of partner- ship. 21. In the cases provided by this Act for execution on any judgment Execution decree or order in any action or suit against the Company to be issued Sera for con- against the person or against the property and effects of the Company tributions. 504i aOULBUEN MEAT-PEESEEVING COMPANY. M Victoria, at the suit of auy sharetolder or former shareholder in satisfaction o£ any money damages costs and expenses paid or incurred hy him as aforesaid in any action or suit against the Company such execution may be issued by leave of the Court or of a Judge of the Court in which such judgment decree or order shall have been obtained upon motion or summons for a rule to show cause or other motion or summons consistent with the practice of the Court without any suggestion or scire facias in that behalf And it shall be lawful for such Court or Judge to make absolute or discharge such rule or allow or dismiss such motion (as the case may be) and to direct the costs of the application to be paid by either party or to mate such other order therein as to such Court or Judge shall seem fit And in case of the Court or Judge allowing or ordering such writ of execution to issue the same in the form now or from time to time and at any time in use in and according to the practice for the time being of the Courts of Law and Equity respectively shall be sued out at the instance of such shareholder upon leave or order of the Court or Judge And such writs shall be enforced and levies thereon and thereunder made and carried out and the pro- party levied on sold and disposed of in like manner as writs of execu- tions are now or from time to time and at any time shall according to the practice for the time being of such Courts be enforced and the levies thereon and thereunder made and carried out and the property levied on sold and disposed of Provided that any order made by a Judge as aforesaid may be discharged or varied by the Court on appli- cation made thereto by either party dissatisfied with such order. 22. No contribution to the assets of the Company for the purpose of discharging its liabilities or otherwise shall be required from any member exceeding the amount (if any) unpaid on the shares of which he is the holder. 23. In all cases in which by Act of Parliament or of the Colonial Legislature or by any rule or order or the practice of the Supreme Court or any other Court now or hereafter to be in force ia this Colony the plaintiff complainant or defendant in any action suit or other pro- ceeding civil criminal or otherwise or any creditor of an insolvent estate or any person being a party to or interested in any process or proceeding whatsoever is or shall be authorized empowered or required to make any affidavit deposition or information or to sign or present any petition or to do any other act it shall be lawful and competent for the manager or other officer or agent of the Company (where such Company shall be such plaintiff complainant defendant or creditor or be a party to or otherwise interested in any process or proceeding whatsoever as aforesaid) to make sign present or do any such affidavit deposition information petition or other act. 24. The directors for the time being shall have the custody of the common seal of the 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 by the said deed of settlement for the determination of other matters by the directors and the directors present at a board of directors of the Company shall have power to use such common seal or authorize the same to be used for the affairs and concerns of the Company and under such seal to authorize and empower any person without such seal to execute any deeds and do all or any such other matters and things as may be required to be executed and done on behalf of the Company in conformity with the provisions Liability ot shareholders. Power to manager or other officer to do certain acts. Custody and use of corporate seal. aOULBUEN CATTLE SALE-YAUDS. 505 of tttj said deed of settlement and of tHs Act But it stall not be 34 Victoeia. necessary to use the corporate seal in the drawing accepting mating or indorsing any biU. of exchange or promissory-note hut the same shall and may be drawn accepted made or indorsed as provided in the said deed of settlement And it shall not be necessary to use the said cor- porate seal in respect of or for the purpose of transacting any of the ordiaary business of the Company or jfor the appointment of an attorney or solicitor for the prosecution or defence of any action suit or proceeding or of any officer or servant of the Company and such seal may be affixed to any deed or document by the hand of any person whom the directors shall appoint in that behalf and the affixing thereof shall be attested by at least one director and such person so appointed. 25. In citing this Act -in any proceedings or for any purpose it shall Short title. be sufficient to use the expression the " Goulburn Meat-preserving Company's Incorporation Act of 1870." GOULBURN CATTLE SALE-YAEDS. An Act to authorize tlie erection and maintenance of ssvictoeia. Cattle Sale-yards by the Borough Council of Goul- burn on a portion of land dedicated for that purpose. [8 June, 1875.] WHEEEAS certain land containing by admeasurement nine acres Preamble, one rood and two perches more or less and situate within the borough of Goulburn was by notice in the Government Gazette dated the iifteenth day of August one thousand eight hundred and seventy- one dedicated as a site for Cattle Sale-yards And whereas by a notifi- cation in the said Gazette dated the twenty-fourth day of November one thousand eight hundred and seventy-one the Council of the said borough were appointed trustees of the said land And whereas it is expedient that sale-yards for the sale of cattle should be established on the said land and it is necessary that the said Council should for the purpose of holding such sales be empowered to erect and maintain suit- able buildings and yards on the piece or parcel of land in the Schedule to this Act described being the land so dedicated as aforesaid 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. In the construction and for the purposes of this Act — d^se"**''™ The word "cattle" shall include all horses oxen bulls cows horned cattle calves sheep lambs pigs and goats. The word " owner" shall include any agent or other person author- ized by the owner of any cattle or any person in charge thereof. The word " sale-yard" shall include any premises where cattle are customarily exhibited or kept for the purpose of sale exchange or disposal in any other way whatsoever. The word " Council" shaU mean the Borough Council of Goulburn. 506 GOTJLBITElSr GAS AND COKE COMPANY. 38 VicTOKiA. 2. It shall te lawful for the Council for the purpose of making pro- Power to erect vision for the sale of cattle to erect and maintain suitable buildings yS!"^^ ^^^ yards and other premises upon the land in the Schedule to this Act described. Power to charge fees &c. Power to make by-laws. Short title. 3. So soon as such sale-yards shall be established and by-laws shall be made as hereinafter provided it shall be lawful for the said Council to take and demand from the owner of every head of cattle brought to any sale-yards established under this Act or yarded or brought to any' sale-yard or premises withm. the borough of Goulbum if the same he intended for sale by public auction or private contract or for slaughter the fees or charges mentioned in the said by-laws Provided that the fees or charges levied upon cattle yarded or brought to other sale-yards shall not exceed the fees or charges levied upon cattle yarded or brought to' the sale-yards established under this Act. 4. The said Council may from time to time make by-laws for regu- lating the said sale-yards and for determining the fees and charges so to be paid as aforesaid and the times and modes of collecting and en- forcing payment thereof and all the provisions of the Municipalities Act of 1867 relating to the making and confirmation of by-laws made thereunder and the proof and enforcement of such by-laws shall apply to all by-laws made under this Act as fully and effectually as if such provisions were incorporated herewith. 6. This Act shall come into operation immediately upon passing and may be cited as the " G-oulburn Cattle Sale-yards Act of 1875." SCHEDULE. All that piece or parcel of land situated in the city of Goulbum and county of Argyle being sections sixty-five and sixty-six of the published map of the city of Goulburn as approved by the Executive Council together with that part of Bourke- street lying between such sections and containing altogether nine acres one rood and two perches. GOULBURN (CITY OF) GAS AND COKE COM- PANY'S INCORPORATION. 42 VicTOEiA. An .A.ct to incorporate the City of Goulburn Gas and Coke Company (Limited) and to enable, the said City of Goulburn Gas and Coke Company (Limited) to construct Gas-works within the municipal boun- daries and suburbs of the City of Goulburn. [20 March, 1879.] WHEEEAS it is expedient that the City of Goulburn and its suburbs in the Colony of New South "Wales should be supplied and lighted with gas And whereas for the carrying out of the works necessary for such supply of gas a joint stock Company called the City of Goulburn Gas and Coke Company (Limited) has lately been estab- lished at Goulburn in the Colony of New South "Wales under and sub- ject to the rules regulations restrictions and provisions contained in a certain deed of settlement bearing date the first July one thousand eight hundred and seventy-eight and purporting to be and beiag the Preamble. aOTJLBUEN GAS AND COKE COMPANY. 507 deed of settlement of the said Company And whereas by the said 42 Victoria. deed of settlement the several parties thereto have respectively and mutually covenanted and agreed that they whilst holding shares in the said Company should be and continue until the said Company be dis- solved under the provisions in that behalf therein contained a joint stock Company or partnership under the name and style of the City of Groulbum G-as and Coke Company (Limited) for the purpose of creating and establishing and exercising a business for the purpose of producing inflammable air or gas from coal oil tar pitch or other material and for lighting and supplying with gas all public and private places roads streets and buildings within the town of Groulburn and suburbs and also for manufacturing selling and disposing of all and every product refuse and residuum to be obtained from the material used by the said Company in such business and for the said purposes to purchase or lease lands offices and buildings and make erect sink lay place and fix such retorts gasometers meters or gas-holders pipes reser- voirs and buildings of such construction and in such manner as shall be deemed necessary and proper for the purpose of carrying the objects of the said Company into execution And whereas by the said deed of settlement it was further agreed that the capital of the said Company should consist of three thousand pounds to be contributed in three thousand shares of one pound each And whereas by the said deed of settlement provision has been made for the payment of dividends and bonuses for increasing the capital of the Company and for the disposal and application of the profits and also for the due management of the affairs of the said Company And whereas the said Company is desirous of being incorporated and it is expedient that it should be incorporated accordingly and empowered to construct gas-works within the muni- cipal boundaries and suburbs of the City of Groulburn but subject to the provisions hereinafter contained Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South "Wales in Parliament assembled and by the authority of the same as follows : — 1. Such and so many persons as have already become or may in the company incor- manner provided by and subject to the rules regulations and provisions p'"'**^'^- contained in the deed of settlement become proprietors of shares of or in the capital for the time being of the said Company shall for the purposes aforesaid but subject nevertheless to the conditions restric- tions regulations and provisions hereinafter contained be one body politic and corporate in name and in deed by the name of the City of Groulburn Gras and Coke Company (Limited) and by that name shall and may sue any person or persons body or bodies politic or corporate whether a member or members of the said corporation or not and may sue and be sued implead and be impleaded in all Courts whatsoever at law or in equity and may prefer lay or prosecute any indictment inform- ation and prosecution against any person or persons whomsoever for any stealing embezzlement fraud forgery crime or offence and in all indictments informations and prosecutions it shall be lawful to state the money and goods effects bills notes securities or other property of the said Company to be the money goods effects bills notes securities or other property of the said corporation and to designate the said Company or co-partnership by its corporate name whenever for the purpose of any allegation of any intent to defraud or otherwise howso- ever such designation shall be necessary and the said corporation shall 508 GOULBTJEN GAS AND COKE COMPANY. 42 VicioKiA. tave perpetual succession with a common seal wticli may be altered varied and changed from time to time at the pleasure of the said cor- poration. Deed of settle- 2. The several laws rules regulations clauses and agreements con- ment confirmed, twined in the said deed of settlement or to be made under or by- virtue or in pursuance thereof shall be deemed and considered to be 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 be or may be altered varied or repealed by or are or shall be or may be inconsistent or ia- compatible with or repugnant to any of the provisions of this Act or of any of the laws or statutes now or hereafter to be in force in the said Colony but no rule or by-law shall on any account or pretence whatso- ever 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 in the said Colony and the production of a written or printed copy of the said deed of settlement or of any rules by-laws or regula- tions to be made in pursuance thereof or in pursuance of this Act having the common seal of the Company affixed thereto shall be suffi- cient evidence in every Court of civil or criminal jurisdiction of such deed of settlement or of such by-laws rules or regulations. increaseof 3. It shall be lawful for the said corporation from time to time to capital- extend or increase its capital for the time being by the creation and disposal of new shares in the manner speciiied and set forth and subject to the rules regulations and provisions contained in the said deed of settlement. Share register to 4. The Company shall keep a book to be called the Share Eegister ^^ ■ and in such book shall be fairly and distinctly entered from time to time the names and addresses of the several persons entitled to shares in the Company together with the number of shares to which such shareholders shall be respectively entitled. Production of 5. The production of the share register shall be admitted ia all hemim^facil" ^ourts of civil and criminal jurisdiction a's prima facie evidence of the evidence. person liamed therein as a shareholder being such shareholder and of the number of his shares and every shareholder or other person having a judgment at law or a decree in equity against the Company may at all convenient times peruse the share register gratis and may require a copy thereof or any part thereof and for every one hundred words or part of one hundred words so required to be copied the Company :may demand a sum not exceeding one shilling. Capital and 6. The Capital or joint stock for the time being and all the funds sonajty!" ^ ^^ ^^^ property of the said corporation and the several shares therein and the profits and advantages to be derived therefrom shall be and be deemed to be personal estate and be transmissible accordingly subject to the regulations of the said deed of settlement. Trusts or equit- 7. The corporation shall not be bound in any manner by any trusts aaeoUngehares. "^ equitable interests or demands affecting any shares of the capital standing in the name of any person as the ostensible proprietor thereof or be required to take any notice of such trusts or equitable interests or demands but the receipt of the person in whose name the shares shall stand in the books of the said corporation shall notwithstanding such trusts or equitable interests or demands and notice thereof to the GOULBURN G-AS AND COKE COMPANY. 509 said corporation be a good valid and conclusive discharge to the cor- 42 Victokia, poration for or in respect of any dividend or for money payable by the said corporation in respect of such shares and a transfer of the said shares in accordance with the regulations in that behalf contained in the said deed of settlement by the person in whose name such shares shall so stand shall notwithstanding as aforesaid be binding and con- clusive as far as may concern the said corporation against all persons claiming by virtue of such trusts or equitable interests or demands Provided always that nothing herein 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 corporation in respect of any such shares or the trans- fer thereafter of any such shares or to direct the payment of such dividends or other money 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. 8. It shall be lawful for the said corporation any statute or law to the Power to hold contrary notwithstanding to purchase take hold and enjoy to them and °'° °' their successors for any estate term or interest all such houses offices buildings lands and hereditaments as may be necessary or proper for the purpose of managing and conducting and carrying on the affairs concerns and business of the said corporation and to sell convey assign assure lease and otherwise dispose of or act in respect of such houses offices buildings lands and hereditaments as occasion may require for the purpose of the said corporation. 9. It shall be lawful for all persons who are or shall be otherwise Oonveyanoo to competent so to do to grant sell alien convey demise assign and dispose ^ coloration. of unto and to the use of the said corporation and their successors for the purposes 'aforesaid or any of them any such houses offices lands hereditaments and other real estate whatsoever as aforesaid accordingly. 10. No dividend or bonus shall in any case be declared or paid out of Dividend from the subscribers capital for the time being of the said Company or other- "^^ profits. wise than out of the declared surplus capital net gains and profits of the busiaess. 11. In any action or suit to be brought by the said corporation Action or suits against any proprietor of any shares iu the capital of the said corpora- '""^ °''"^- tion to recover any sum of money due and payable to the said corpora- tion for or by reason of any call or the arrears thereof made by virtue of this Act or of the said deed of settlement it shall be sufficient for the corporation to declare and allege that the defendant being the pro- prietor of such or so many shares in. the capital of the said corporation is indebted to the said corporation in such sum of money (as the call ia arrears shall amount to) for such call of such sum of money upon such share or so many shares belonging to the said defendant whereby an action hath accrued to the said corporation without setting forth any special matter and on the trial of such action or in person or by proxy specially given for the occasion shall hold shares representing not less than one-third of the paid-up capital of the Company. 12. If any execution either at law or in equity shall be or shall have Execution been issued against the property or effects of the Company and if there JllJj"^ *""" cannot be found after due diligence sufficient whereon to levy such exe- cution then such execution may be issued against any of the shareholders for the time being or any former shareholder until such execution shall 510 aouLBUiusr gas and coke compattt. 42 Victoria, be fully satisfied Prorided that no such execution shall be issued against any shareholder or former shareholder for any amount beyond the sum due by such shareholder in respect of the amount agreed to be subscribed for towards the capital of the said Company and unpaid by him and no such shareholder or his real or personal estate shall be liable for any debt or demand whatsoeTer due or to become due by the said Company beyond the extent of his shares in the capital of the Company not then paid up Provided always that no such execution shall issue against any such shareholder or former shareholder except upon an 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 in writing to the person sought to be charged And upon such motion such Court may order execution to issue accordingly Provided further that in case of execution against any former share- holder it shall be shown that such former shareholder was a shareholder of the Company at the time when the contract or engagement was entered into for breach of which contract or engagement such execution shall have issued or become a shareholder during the time such contract or engagement was unexecuted or unsatisfied or was a shareholder at the time the judgment or decree was obtained upon which judgment or decree such execution shall have issued. Provided also that in no case shall such execution be issued against the person j)roperty or effects of any former shareholder after the expiration of one year after the person sought to be charged shall have ceased to be a shareholder of the Company. fi£imbursement 13. Evory shareholder against whom or against whose property or iWe/2ain3t a effccts execution upon any judgment decree or order obtained as afore- sharehoider. ' said shall have been issued as aforesaid shall be entitled to recover against the Company all loss damages costs and charges which such shareholder may have incurred by reason of such execution and after due diligence used to obtain satisfaction thereof against the property and effects of the Company such shareholder shall be entitled to con- tribution for so much of such loss damages costs and charges as shall remain unsatisfied from the several other shareholders against whom execution upon such judgment decree or order obtained against the Company might also have been issued under the provision in that behalf aforesaid as and subject to the limitation herein provided and such contribution may be recovered as aforesaid according to the provisions in that behalf in the said deed of settlement contained. Execution 14. In the cases provided by this Act for execution of any judg- hoiderg.^ '^^^' ment decree or order in any action or suit against the Company to be issued against the person or against the property and effects of any shareholder or former shareholder of the Company or against the property and effects of the Company at the suit of any shareholder or former shareholder in satisfaction of any money damages costs or expenses paid or incurred by him as aforesaid in any action or suit against the Company such execution may be issued by leave of the Court or of a Judge of the Court in which such judgment decree or order shall have been obtained upon motion or summons for a rule to show cause or other motion or summons consistent with the practice of the Court without any suggestion or scire facias in that behalf and it shall be lawful for such Court or judge to make absolute or discharge such rule or allow or dismiss such motion (as the case may be) and to -direct the costs of the application to be paid by either party or to make Ci-OULBUE]Sr GAS AND COKE COMPANY. 511 sucli other order therein as to such Court or Judge shall seem fit and 42 Victoeia. in such cases such forms of writs of execution shall he sued out of the Courts of law and equity respectirely for giving effect to the provisions in that hehalf aforesaid as the Judges of such Courts respectively shall from time to time think fit to order and the execution of such writs shall he enforced in like manner as writs of execution are now enforced Provided that any order made by a Judge as aforesaid may be discharged or varied by the Court on application made thereto by either party dissatisfied with such order Provided also that no such motion shall be made nor summons granted for the purpose of charging any share- holder or former shareholder until ten days notice thereof shall have been given to the person sought to be charged thereby. 15. In all cases in which by any Act of Parliament or of the power to secve- Colonial Legislature or by any rule or order of the practice of the *^y °'' °*'»<^'' Supreme Court or any other Court now or hereafter to be in force in this Colony the plaintiff complainant or defendant in any action suit or other proceeding civil criminal or otherwise or any creditor of an insolvent estate or any person being a party to or interested in any process or proceeding whatsoever is or shall be authorized empowered or required to make any affidavit deposition or information or to sign or present any petition or to do any other act it shall be lawful and competent for the secretary or other officer or agent of the Company where such Company shall be such plaintiff complainant defendant or creditor or be a party to or otherwise interested in any process or proceeding whatsoever as aforesaid for and on behalf of the Company to make any such affidavit deposition complaint or information sign or present any such petition or do any such other act as aforesaid. 16. The directors for the time being shall have the custody of the Custody and use common seal of the Company and the form thereof and all other slS!'^'"'^^'' matters relating thereto shall from time to time be determined by the directors in the same manner as is provided by the said deed of settle- ment for the determination of other matters by the directors And the directors present at a board of directors of the Company or a majority of them shall have power to use such common seal or authorize the same to be used for the affairs and concerns of the Company and under such seal to authorize and empower any person without such seal to execute any deeds and do all or any such other matters and things as may be required to be executed and done on behalf of the Company in .conformity with the provisions of the said deed of settlement and of .this Act But it shall not be necessary to use the corporate seal in respect of any of the ordinary business of the Company or for the appointment of an attorney or solicitor for the prosecution or defence of any action suit or proceeding or of any officer or servant of the Company and such seal may be affixed to any deed or document by any director of the said Company or by the hand of any person whom the directors shall appoint in that behalf and the affixing thereof shall be attested by at least one director and such person so appointed. 17. The said corporation is hereby fuUy authorized and empowered Power to erect 'by its servants contractors agents workmen and others from time to ^rlXup roads time to make erect sink lay place and fit such retorts gasometers or streets &c. gasholders meters receivers cisterns engines machines cuts drains sewers watercourses pipes reservoirs buildings and other works and devices of such construction and in such manner as the said corpora- tion shall think necessary or proper for the purpose of carrying out 512 GOULBIJElSr &AS AND COKE COMPAJSTT. 42 Victoria, the operations of the said corporation and also to break up the soil and pavement of any footpath, highway street road way lane passage or other puhlic place or thoroughfare or of any road way thoroughfare or place dedicated to or used by the public as such or any part or parts thereof and to erect posts pillars lamps lamp-irons and other apparatus. in the same highways streets roads ways lanes passages and other thoroughfares and places against any wall or walls erected on or adjoining to any of them and to dig and sink trenches and drains and to lay mains and pipes and put stop-cocks siphons plugs or branches from such mains or pipes in under across or along such highways streets roads ways lanes passages and other thoroughfares and places and also with such consent as hereinafter mentioned to do the like in under across or along any private roads ways lanes passages buildings and places And from time to time to cut stop remove alter repair replace and relay such main-pipes stop-cocks siphons plugs branches or other apparatus Provided always that nothing herein contained shall be deemed to authorize the said corporation its contractors agents or workmen to enter into or upon any private lands buildings or places for any of the purposes aforesaid or thereon to carry out any of the operations of the said corporation without the previous consent of the occupiers thereof And provided also that the corporation or the secretary or other officers agents or servants thereof shall give forty- eight hours' notice in writing to the Town Clerk of the Municipality of Groulburn prior to the opening or breaking up of streets lanes or other- wise as aforesaid. To make con- 18. It shall be lawful for the said corporation to contract with any orgas.'""^ ^"'''''^ persons (whether incorporate or individual) for supplying with gas any such person or persons or any streets ways lanes passages manufactories shops warehouses public or private houses buildings and places and for such purpose from time to time to lay down carry fit up connect and furnish any pipe branch or burner lamp meter or other apparatus from or in connection with any main-pipe or to lay down any new main which for such purposes may be required Provided always that in alt cases (where it is not otherwise expressly stipulated and agreed) the said corporation its contractors workmen or agents shall at its own expense on the expiration or determination of any tenancy of any occupier so giving consent as aforesaid or on nonpayment of the sums payable by the owner or occupier of any building tenement or place for gas sup- Compensation to phed thereto at any time within twelve months from such expiration owners ot determination or default within fourteen days after notice in writing premise £^^ ^-^^^ purpose from or on behalf of the owner or succeeding occupier of such building tenement or place shall have been received by the said corporation enter into and upon such building tenement or place and remove take and carry away or cause to be removed taken or carried away any pipe burner lamp meter or apparatus which shall have been placed and introduced by the said corporation therein and repair and make good such portions of such building tenement or place as may be damaged or defaced by such removal And in case the said corporation shall neglect so to do for fourteen days after receipt of such notice it shall be lawful for such owner or succeeding occupier (provided fre& and reasonable access has been given to the agents servants and work- men of the said corporation for the purpose aforesaid) to remove or cause to be removed all such pipes burners lamps meters or apparatus and to repair and make good the damages and defacements to the said, building tenements or place caused thereby the reasonable costs and G-OULBUEN GAS AND COKE COMPANY, 513 etarges attending wliicli stall immediately be paid by the said corpora- 42 Victoria. tion to the owner or occupier making such repairs as aforesaid and in default of such sum being paid by the said corporation within three days after demand thereof in writing made at the oifices of the said corporation it shall be lawful for the said owner or occupier or his or her agent to make complaint thereof before any Justice who may cause a summons to be issued in the usual form calling on the said cor- poration to show cause before the nearest Court of Petty Sessions of the police district in which such building tenement or place is situated why such demand has not been satisfied And if the said corporation How deter- f ails to show cause accordingly it shall be lawful for the sitting Justices ™"" ' to order or award payment of the demand or any part thereof to such complainant together with such costs and satisfaction for his expense and trouble as to them may seem meet and such order or award to en- force by distress Provided also that if any owner or occupier of any building tenement or place or any person acting for him shall refuse reasonable access to the contractors agents workmen or servants of the said corporation for the purpose of removing any such pipe burner meter or apparatus placed or introduced into any such building tene- ment or place by the said corporation or shall prevent or obstruct such removal then the said owner occupier or person acting for him shall immediately make payment to the said corporation for such pipe burner meter or apparatus And in default of his so doing within three days after demand thereof made at the said building tenement or place or the residence of the party it shall be lawful for the said corporation to make complaint thereof before any Justice of the Peace who may cause to be issued a summons to the person so making default calling on him to show cause before the Court of Petty Sessions of the police district where the building tenements or place is situated why he refuses to pay such demand And thereupon the said Court shall proceed to the adjudication and enforcement of such demand in the manner in this clause set forth And if any person shall place or lay Fraudulent uge a,ny pipe to communicate with any main-pipe meter or other apparatus °* S'^^' already laid placed or erected by the said corporation or shall use addi- tional burners or burners of larger dimensions or of other kind or description than that he has contracted to pay for or shall supply any person with any of thg gas supplied to him by the said corporation without the consent in writing of the said corporation first obtained or if any person shall wantonly or maliciously hinder or interrupt the contractors workmen agents or servants of the said corporation in legally doing or performing any of the works aforesaid or in exercising the powers and authorities by this Act given or if any person shall wilfully negligently or accidentally do or cause to be done any injury or damage to any of the buildings machinery pipes burners lamps meters or apparatus of the said corporation or remove the same or cause a waste or improper use of gas supplied by the said corporation it shall be lawful for the said corporation to make complaint thereof before any Justice of the Peace who may cause to be issued a summons to the person so offending to appear before the Court of Petty Sessions of the police district where such offence shall be committed and being thereof lawfully convicted such person shall forfeit and pay to the said corporation any sum not exceeding five pounds over and above all damages done and over and above all costs to be ascertained by such Court and to be enforced in the manner in this clause before set forth And all proceedings under this Act not herein expressly provided for 2k 514, G-OULBUEN GAS AND COKE COMPANY. Materials of roads &c. broken up to be replaced. 42 VicTOEiA. shall be regulated and conducted in accordance with the powers of the law in force for the time being respecting summary proceedings before Justices of the Peace and all such provisions shall so far as the same are applicable be enforced and observed in all proceedings under this Act not herein expressly provided for. 19. When and so often as the said corporation its contractors agents or workmen shall have broken up or removed any pavement stone or other material of any highway road street way lane passage or other public place or thoroughfare or of any road way thoroughfare or place dedicated to or used by the public as such the said corporation shall make all reasonable despatch in performance of the work to be done and shall on completion of such work forthwith carry away all rubbish and waste or surplus material and to reinstate each pavement stone or other material and render such highway road street way lane passage or other place as nearly as possible in the same condition as it was in previously to the disturbance thereof And during the continuance of such work and until such reinstatement to set up barriers and keep lamps or fires burning at night in order to prevent accidents And also when and so often as any gas pitch waste liquid or other things shall escape or flow from any pipe receiver or drain so as to contaminate the air or water and render the same unhealthy or offensive it shall be lawful for any person to give notice thereof in writing to the said corporation who shall immediately take the most speedy and effectual measures to remedy and prevent the same And if the said corporation shall make default in any of the matters so required by it to be per- formed it shall be lawful for any person to lodge complaint thereof before any Justice of the Peace who may summon the said corporation before the nearest Court of Petty Sessions and on proof of such default the said Court of Petty Sessions shall order and direct that the same shall be done by the said corporation within a reasonable time to be named by such Court and in default of compliance with such order any Justice of the Peace on proof thereof and on proof that the com- plainant or any other person has performed the said work so to be done and of the costs charges and expenses attending the same shall issue a distress warrant against the goods and chattels of the said cor- poration for any amount not exceeding the said charges and expenses and the costs of prosecuting such complaint to be paid to the person per- forming the said work as aforesaid. fecmet/ot *'' ^^' -^^^ ™- °^^® ^^^ body Or bodies corporate commissioners trustees rents. Surveyors or any other person or persons who shall contract with the said corporation or agree to take or shall take or use and enjoy the gas of the said corporation either in private dwellings shops inns taverns or other public or private buildings or manufactories grounds or premises or otherwise shall refuse or neglect to pay the sum or sums of money due under their his or her contract for the same to the said corporation according to the terms and stipulations of the said respective parties with the said corporation it shall be lawful for the said corporation without prejudice to any other remedy to make complaint thereof before any Justice of the Peace who may issue a summons to the party so refusing or neglecting to pay as aforesaid calling on him to show cause before the Court of Petty Sessions in the police district in which such building tenement or place is situated why he refuses to pay such sum or sums And thereupon the said Court shall proceed to the adjudication and enforcement of the said demand and costs charges and. GOULBURN &AS AND COKE COMPANY. 515 expenses incurred in the prosecution thereof by distress and sale of the 42 Victoeia. goods and chattels of the person so neglecting or refusing to pay the same rendering the surplus if any to such person or persons so neglect- ing or refusing And it shall be lawful for the said corporation after seven days notice to cut off and take away the supply of gas from the house or houses inn tavern shop manufactory warehouse or other build- ings premises or places of every such person so making default in payment of such sum or sums of money then due by his her or their contract to the said corporation and thenceforth to discontinue the supply of gas contracted for with the said corporation by such person or persons. 21. No pipe burner lamp meter or other apparatus of the said cor- Apparatus not poration being set up in any building tenement or place shall be sub- Jj?^'^ *°' ject to distress for rent or shall be taken in execution under any tion&c. process or proceeding of any Court of Law of Equity or under any proceedings in bankru^^tcy or insolvency save so far as any processes or proceedings against the promoters are concerned. 22. Any person may appeal from the judgment or conviction of the Appeal. said Court of Petty Sessions under this Act in the form and manner set forth in the Act of Council fifth William Eourth number twenty- two. 23. In the event of the wrongful exercise of any powers given by indictment for this Act nothing in this Act contained shall be construed to prevent any nuiaance. person from indicting or otherwise proceeding against the said corpora- tion for nuisance or otherwise in respect of the works or means used or employed by the said corporation in exercising the privileges hereby on it conferred nor shall anything herein contained limit restrict or in any manner affect the right of any municipality or of any other person or Company hereafter empowered by the Legislature to supply gas to the said city of G-oulburn or to exercise any powers which it may be deemed expedient or necessary to grant for that purpose. 24. The following words and expressions in this Act shall have the inteiTretation meaning hereby assigned to them unless there be something either in <=iause. the subject or context repugnant to such construction The word " corporation " shall mean the City of G-oulburn G-as and Coke Com- pany (Limited) as incorporated by this Act The expression " gas- works " shall mean the gas-works and the works connected therewith by this Act authorized to be constructed The word " street " shall include any square court or alley highway lane road thoroughfare or other passage or place within the limits of this Act The expression " city and suburbs of Groulburn" shall comprise all that district which is included within a radius of ten miles from the centre of the market square of the said city. 25. This Act shall be deemed and taken to be a public Act and shall f-';"b°io^frt™^'^ be taken judicial notice of as such by the Judges of the Supreme Court of New South Wales and by all other Judges Justices and others within the Colony of New South Wales and its dependencies without being specially pleaded and the same whenever cited shall be suffi- ciently described as the City of Groulburn Gas and Coke Company's Incorporation Act. 516 GOULBUEN HOSPITAL SITE SALE. 48 VicTOBiA. An Act to authorize the sale of the site of the Goulburn Hospital and to provide for the expenditure of the money received therefrom in the erection of suitable buUdings for a like purpose on a new site. [31 October, 1884.] Preamble. \\[ HEEEAS the Honorable James Chisholm a member of the W Legislative Council John Thomas G-annon a member of the Legislative Assembly William Pitt Paithf ull J.P. Thomas Marsden J.P. and Charles Gillespie have been duly appointed and now are the trus- tees of the land at Groulburn dedicated as a site for an hospital which said land is more particularly described in the Schedule hereto And whereas the buildings erected on the said land are inadequate and unfit for the requirements of the district and the site has become unsuitable for the purposes of a public hospital And whereas it is expedient that provision should be made upon the acquisition of a better site for the erection thereon of suitable buildings for such hospital and that the trustees for the time being of the said land should be empowered to sell and dispose of the same in order to raise a sum of money to be expended in defraying part of the cost of erecting on such better site suitable buildings for the said hospital 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. It shall be lawful for the trustees for the time being of the said Groulburn Hospital to sell and dispose of the said parcel of land described in the Schedule hereto by public auction or private contract and either in one lot or in several lots as they shall deem expedient for such price or prices as can be reasonably had or obtained for the same and to convey and assure the same or any portion or portions thereof when sold to the purchaser or purchasers thereof in fee simple freed and discharged from all trust affecting the said land And the receipt in writing of the said trustees for the purchase money arising from such sale or sales shall be a sufficient discharge to any and every pur- chaser of the said land or portions thereof and exonerate such purchaser from seeing to the application of the said moneys and from all liability in respect of the misapplication or non-application thereof. 2. It shall be lawful for the trustees and their successors to allow any purchaser or purchasers credit for the payment of the whole or any part or parts of his her or their purchase money upon such terms as to interest or otherwise and generally as the trustees may deem reasonable and expedient. 3. The said trustees and their successors shall stand possessed of the moneys arising from such sale or sales as aforesaid upon trust to apply the proceeds thereof in or towards the erection of a public hospital in the town of or in the vicinity of the town of Groulburn upon a suitable site for that purpose. And the said trustees and their successors shall also stand possessed of any moneys voted or to be voted by Parliament in aid of the building fund of the said hospital and also all other moneys Trustees author- ized to sell. Power to give credit. Application of proceeds of sale. GEAPTON PEESBTTEEIAN CHUECH. 517 coming to their hands as sucli trustees upon the like trusts as are herein- 48 Victoeia. before declared in respect of the proceeds of sale of the said land And the receipts of any- person or persons to whom any moneys shall be paid by the said trustees or their successors under the provisions of this Act shall be a valid and complete discharge to the said trustees and their successors for such moneys. 4. No expenditure of any of the said moneys shall be made upon any Site to be new site unless such new site shall have been approved by the Grovemor Governor. '' with the advice of the Executive Council And all buildings offices and their appurtenances to be erected on the land so approved of shall be constructed according to plans and specifications to be approved of by the Colonial Architect. 5. No trustee or trustees under this Act shall be held responsible for Liability of trus- any involuntary losses or misapplication of any moneys coming to the '^^^" hands of the said trustees under the provisions of this Act unless such loss or misapplication shall have happened through the wilful neglect or default of the trustees under this Act for the time being. 6. This Act may be cited as the " Groulburn Hospital Site Sale Act Short title. of 1884." SCHEDULE. All that piece or parcel of land situate in the county of Argyle parish of Goul- burn city of Goulburn containing two acres two roods or thereabouts Part of sec- tion four Commencing on the north-western side of Sloane-street at a point where it meets the north-eastern side of Clifford-street and bounded thence on the south- east by Sloane-street north-easterly about five chains on the north-east by the south-western boundary of allotment one north-westerly about five chains on the north-west by the south-eastern boundaries of allotments nine ten eleven twelve and thirteen in all south-westerly about five chains to Clifford-street aforesaid and on the south-west by that street south-easterly about five chains to the point of commencement. GEAFTON PRESBYTERIAN CHURCH LAND SALE. An Act to enable William Cowan the younger John 45 Victokia. Edward Chapman Arthur Hyde Samuel Avery and David Kirk Trustees of certain land situate in the town of Grafton to sell the said land and provide for the appropriation of the proceeds thereof. [16 December, 1881.] WHEEEAS by a conveyance bearing date the twenty-fourth May preamble. one thousand eight hundred and fifty-eight and made between Samuel Avery of the one part James Collins William Cowan the younger John Edward Chapman Arthur Hyde Samuel Avery and David Xirk of the second part and Stephen Campbell Brown of the third part the land specified in the Schedule hereto was granted bargained sold aliened released and confirmed unto the said Stephen Campbell Brown and his heirs to the use of the said James Collins William Cowan the younger John Edward Chapman Arthur Hyde Samuel Avery and David Kirk their heirs and assigns upon trust that the said parcel of 518 GRAPTON PEESBTTERIAN CHIJECH. Trustees authorized to 45 VioTOEiA. land should be at all times set apart maintained and used as and for a site for the erection of a Presbyterian Church And whereas the said site is not suitable for the erection of a Presbyterian Church And whereas it is expedient that the said land should be sold and that the proceeds to arise from such sale should be applied in or towards the erection of a Presbyterian Church in Grrafton aforesaid on the site granted by the Grovernment for that purpose and for other the purposes hereinafter mentioned 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. After the passing of this Act it shall be lawful for the said William Cowan the younger John Edward Chapman Arthur Hyde Samuel Avery and David Kirk hereinafter styled trustees their heirs or assigns or other the trustees for the time being of the said indenture of the twenty-fourth of May eighteen hundred and fifty-eight to sell and dis- pose of the said land specified in the Schedule hereto by public auction or private contract and either in one lot or in several lots as they shall deem most expedient for such price or prices as can be had or obtained for the same and when sold to convey the same or any part or parts thereof to the piirchaser or purchasers in fee-simple freed and discharged from the said trusts affecting the same and the receipt in writing of the said trustees their heirs or assigns shall absolutely discharge the purchaser or purchasers of the said land or any part or parts thereof from the purchase money payable by him or them resjiectively and shall exon- erate him or them from seeing to the application of the said purchase money and from all liability as to the misap>plication or non-application thereof. 2. The said trustees their heirs or assigns shall stand possessed of all moneys arising from, any and every such sale or sales as aforesaid upon trust to apply the f)roceeds of such sale in or towards the erection of a Presbyterian Church on the site granted by the Grovernment for that purpose and the receipts of any person or persons to whom any moneys shall be paid under the provisions of this Act shall be a valid and complete discharge to the said trustees their heirs or assigns for such moneys. SCHEDULE. All that allotment or parcel of land in the town of Grafton parish of Marlow county of Clarence and Colony of New South Wales containing by admeasurement two roods be the same more or less being allotment number ten of section number twelve Commencing at the northern corner of allotment number eleven and bounded on the north-west by Mary-street being a line bearing north twenty-six degrees east two chains fifty links to Fitzroy-street on the north-east by Fitzroy- street being a line bearing south sixty-four degrees east two chains to the northern corner of allotment number nine on the south-east by part of the north-western boundary of allotment number nine being a line bearing south twenty-six degrees west two chains fifty links to the eastern corner of allotment number eleven and on the south-west by allotment number eleven being a line bearing north sixty -four degrees west from the eastern corner of that allotment to the commencing point Bemg the allotment sold as lot four in pursuance of the proclamation of thirteenth April one thousand eight hundred and fifty-two. Application ofj proceeds. 519 GEAPTON LIGHTING COMPANY (LIMITED). An Act to enable the Grafton Lighting Company 48 Victoria. (Limited) to construct Gas-works and Electric "Works within the Town and Suburbs of Grafton. [20 June, 1884.] WHEREAS it is expedient that the town of Grrafton and its Preamble, suburbs in tlie Colony of New South Wales should be sup- plied and lighted with gas and with electricity And whereas for the carrying out of the works necessary for such supply of gas and of electricity a joint stock Company called the Grafton Lighting Com- pany Limited has by a memorandum of association lately been estab- lished at Grafton aforesaid in accordance with and subject to the pro- visions of the Companies Act thirty-seven Victoria number nineteen which said memorandum is hereunto appended in the Schedule marked B And whereas the Municipal Council of the borough of Grafton have at the request of the said Company and in consideration of the benefits to arise from the establishment and carrying out of such works consented to the vesting in the said Company of all necessary powers and authorities so far as the right and interest of the said Municipal Council are concerned Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legisla- tive Council and Legislative Assembly of New South "Wales in Parlia- ment assembled and by the authority of the same as follows : — 1. In the construction of this Act the following words shall have iitjrpretationof the meanings assigned to them respectively unless inconsistent with ^^'^^' the context that is to say — " Company" — The Grafton Lighting Company (Limited). " Council" — The Municipal Council of the borough of Grafton. " Person" — Any body whether corporate or individual. " Superintendent of Telegraphs" — The person appointed under the Act twenty Victoria number forty-one to superintend the electric telegraphs of New South Wales. " Town and Suburbs of Graftpn" — AH places which are included within a radius of five miles from the Post Ofiice of Grafton. " Street" — Any square court alley highway lane footpath road thoroughfare or other public place in the town and suburbs of Grafton. " Electricity" — Electricity electric current or any like agency. " Electric Line" — A wire or wires conductor or other means used for the purpose of conveying transmitting or distributing electricity with any casing coating covering tube pipe or in- sulator enclosing surrounding or supporting the same or any part thereof or any apparatus connected therewith for the purpose of conveying transmitting or distributing electricity or electric current. " Works " — ^Any buildings machinery engines works matters or things of whatever description required to generate make or supply gas or electricity and to carry into effect the object of the said Company under this Act. 520 GEAPTON LIGHTING COMPANY. 48 Victoria, PAET I. Provisions respecting the supply of Gas. Authority to 2. The Said Company is hereby authorized and empowered by its breakup^Btreete Servants Contractors agents and workmen from time to time to make roads &c. erect sink lay place fit maintain and repair such retorts gasometers gas meters receivers cisterns engines machines cuts drains sewers water- courses pipes reservoirs buildings and works and devices of such construc- tion and in such manner as the said Company shall think fit necessary or proper for the purpose of carrying out the operations of the said Company in respect of and incidental to the making and supplying of gas in conformity with the said Memorandum of Association And for all such purposes to open and break up the soil and pavement of the streets and bridges within the limits of the town and suburbs aforesaid and to open and break up any sewers drains or tunnels within or under such streets and bridges and to erect posts pillars lamps lamp-irons and other apparatus in and upon the said streets and bridges or against any wall or walls erected on or adjoining any of them and to dig and sink trenches and drains and to lay gas-mains and gas-pipes and to put, stop-cocks syphons plugs or branches from such gas-mains and gas-pipes in under across or along such streets and bridges And also with such consent as is herein provided to do the like in under across or along any private roads ways lanes passages buildings and places and from time to time to cut remove alter repair replace and relay such gas-mains gas-pipes stop-cocks syphons plugs or other apparatus Provided that the said Company shall unless in case of accident give twenty-four hours notice in writing to the Council Clerk of the said municipality prior to the opening or breaking up as aforesaid of any street road pavement sewer drain or tunnel within the said town and suburbs And provided that if in carrying out any of the operations of the said Com- pany it shall be deemed necessary by the said Company to enter upon under across or along any railway or tramway whether public or private it shall be sufficient for the said Company to obtain the consent of the Secretary for Public "Works for the time being of the Colony of New South Wales anything hereinbefore contained to the contrary notwith- standing. To make con- 3, It shall be lawful for the said Company to contract with any su^piyof^i^ and P^rson for supplying with gas any such person or any streets ways to carry out lanes passages manufactories shops warehouses public or private houses purpose" * buildings and places and for such purpose from time to time to lay down carry fit up connect and furnish any gas-pipes branch burner lamps gas-meter or other apparatus from or in connection with any main gas-pipe or to lay down any new gas-main or gas-pipe which for such purposes may be required and to let any such apparatus for hire for such sum as may be agreed upon which sum may be recovered in like manner as any rent or remuneration for the supply of gas. Price purity and 4. The price for the gas shall at no time exceed twenty shillings per powCToUhegas t^o^^^i"! cubic feet and the gas supplied shall be absolutely free from ■ sulphuretted hydrogen and shall be of such minimum quality as to produce from an Argand burner having fifteen holes and a seven-inch chimney consuming five cubic feet of gas per hour a light equal in intensity to the light produced by fifteen sperm candles of six in the pound burning one hundred and twenty grains per hour. GRAPTON LIGHTING COMPANY. 621 5. The said Company shall within twelve months after receiving 48 Victokia. notice from the said council put up at some testing place to be provided provision for hy the said council within the borough suitable apparatus for the testing, purposes following — (i.) Por testing the illuminating power of the gas supplied. (ii.) Por testing the presence of sulphuretted hydrogen in the gas supplied The said apparatus shall be in accordance with the Schedule hereunto annexed and shall at all times be kept and maintained in good repair and working order by the said Company. 6. The said council may from time to time appoint a competent and Appointment oi impartial person to be gas examiner to test the gas at the testing place ^^ examiner. who shall test the illuminating power and purity of the gas supplied on any or every day and the said Company may be represented at the testing if they shall think fit but shall not be entitled, either by them- selves or their representatives to interfere in the testing. 7. The gas examiner shall on the day immediately following that on oas examiner to which the testing was made by him deliver to the said council a report ■■«?<"■' *»• of such testing and shall deliver a copy thereof to the said Company and such report shall be receivable in evidence. 8. Any gas examiner appointed by the said council shall be paid a Gas examiner salary not exceeding one hundred pounds per annum which shall be ^°^ i"^"^' paid one moiety by the said council and the other moiety by the said Company. 9. No gas-meter shall be used for ascertaining the quantity of gas Meters. sold by the said Company unless the same shall have its measuring capacity at one revolution or complete action of the meter and also the quantity per hour it is intended to measure in cubic feet or multiples or decimal parts of a cubic foot denominated or marked on the outside thereof in legible letters or figures and shall have been tested and stamped as correct by the English Warden of Standards or by the inspector of meters appointed from time to time by the said council or other the person or persons who may hereafter be appointed by any Act or Acts of the Parliament of New South Wales or in pursuance thereof in that behalf to test and stamp gas-meters. 10. No gas-meter which shall have been fixed by the said Company Eei?uiation of for use before the expiration of one year of the time when this Act s*^'™^ "^' comes into operation shall be allowed to remain in use after the expiration of five years from that time unless it shall have been tested and stamped as by this Act directed and no meter once tested and stamped under the provisions of this Act shall be allowed to remain in use for more than seven years from the time when it shall have been last so stamped unless and until it shall have been re-tested and re-stamped in manner aforesaid and whenever the said Company shall knowingly allow any gas-meter to be used in contravention of this section they shall be liable to a penalty not exceeding forty shillings for every such ofience. 11. After the expiration of one year from the time when this Act Legal standard, comes into operation the legal standard or unit of measure for the sale of the said Company's gas by meter shall be the cubic foot containing sixty-two and three hundred and twenty-one thousandths (62'321) 522 &EAFTON LIG-HTING- COMPANY. 48 VioTOKiA. pounds avoirdupois weiglit of distilled or rain water weiglied in air at tlie temperature of sixty-two degrees Palirenlieit's thermometer the barometer teing at thirty inches. Pressure oi gas. 12. All gas supplied by the said Company shall except in case of accident be supplied at such pressure as to balance from midnight to sunset a column of water not less than six-tenths of an inch in height and to balance from sunset to midnight a column of water not less than one inch in height. PAET II. Provisions respecting the supply of Tllectricity . Authority to lay 13. The said Company is hereby authorized and empowered by its eieSio'works" servants contractors agents and workmen from time to time to make and lines to and erect such electric works and to sink lay place fit maintain and roads &o. ^ "^^^ repair such electric lines accumiilators storage batteries electric cables mains insulated wires pipes switches connection branches electric meters dynamos engines machines cuts drains water-courses pipes buildings and other devices And to erect and place any electric line cable main insulated wire or other electric apparatus above ground along over or across any street in the said town and suburbs of Grafton and to erect poles for the purpose of placing the same in such manner as the said Company shall think fit necessary or proper for the purpose of carrying out the operations of the said Company in respect of and incidental to the making generating and supplying of electricity in conformity with this Act and with the said Memorandum of Association And also for all such purposes to open and break up the soil and pavement of the streets and bridges within the limits of the town and suburbs aforesaid and to open and break up any sewers drains or tunnels within or under such streets and bridges and to erect posts poles pillars lamps globes or other apparatus in or upon the said streets and bridges or against any wall or walls erected on the same or adjoining thereto and to dig and sink trenches and drains and to lay electric lines cables and mains and to put electric lines wires switches and connection branches from such electric lines cables and mains in under across or along such streets and bridges and also with such consent as is herein mentioned to do the same in under across or along any private roads ways lanes passages buildings and places and from time to time to cut remove alter repair replace and relay such electric lines cables mains wires switches and connection branches or other apparatus Provided that when any electric line cable main insulated wire or other electric apparatus is placed above ground the same shall be done with the consent in writing of the said municipality and with the consent in writing of the Superintendent of Telegraphs and not otherwise but if the said Superintendent of Telegraphs is of opinion that any tele- graph or telephonic line is or may be injuriously affected by such electric line cable main insulated wire or other apparatus or if the said municipality or the said Superintendent of Telegraphs is of opinion that such electric line cable main insulated wire or other apparatus is or is likely to become dangerous to the public safety or a public nuisance the said municipality or the said Superintendent of Telegraphs may by notice in writing require the said Company to remove such electric line cable main insulated wire or other apparatus or any portion thereof and if the said Company do not within eight days of the service on them of such written notice remove the same GEAPTON LIGHTUN-G COMPANY. 623 the said municipality or the said Superintendent of Telegraphs may 48 Viotokia. remove the same and recover the expense of such removal from the said Company in a summary manner And provided that the said Company shall except in case of accident or of any event by which in the opinion of the Company an accident is likely to occur give seven days' notice in writing to the clerk of the said municipality and to the said Superintendent of Telegraphs prior to the opening and breaking up as aforesaid of any street bridge road pavement sewer drain or tunnel within the said town and suburbs And provided that if in carrying out any of the operations in this section authorized to be carried out it shall be deemed necessary by the said Company to enter upon under across or along any railway or tramway whether public or private it shall be sufficient for the said Company to obtain the consent of the Secretary for Public Works for the time being of the Colony of New South "Wales in addition to any other consent by this Act required to be obtained. 14. It shall be lawful for the said Company to contract with any To make con- person for supplying with electricity any such person or any streets guppiVof ^^^ ways lanes passages manufactories shops warehouses public or private electricity and to houses buildings and places and for such purpose from time to time to fo^at^purprae. lay down carry fit up connect and furnish any electric accumulator storage battery electric line cable insulated wire pipe switch connec- tion branch carbon burner lamp meter or other apparatus from or in connection with any electric line main lead or cable or to lay down any new electric line main lead or cable which for such purposes may be required and to let any such apparatus for hire for such sum as may be agreed upon which sum may be recovered in like manner as any rent or remuneration for the supply of electricity. 15. The said Company shall before supplying any person with elec- Provision for tricity put up and erect suitable apparatus at some testing place for ^ "^' the purpose of testing the normal strength and the electro-motive force of electricity supplied by them the said apparatus and the position and construction of the said testing place to be approved by the Superia- tendent of Telegraphs. 16. The said Council may from time to time appoint a competent Appointment oJ and impartial person to be approved of in writing by the Superin- Ixandner. tendent of Telegraphs to be electrical examiner who shall test the normal strength of the current of electricity supplied by the said Company and who shall examine any electric line accumulator storage battery electric cable insulated wire pipe switch connection branch or any other electric apparatus And the said Company may be represented at such testing or examination but shall not be entitled to interfere in the same. 17. The electrical examiner shall within four days of the day on Electrical which the testing or examination was made by him deliver to the said report. Council and to the said Superintendent of Telegraphs a report of such testing and of such examination and shall deliver a copy thereof to the said Council and to the said Superintendent of Telegraphs and such report shall be receivable in evidence. 18. Any electrical examiner appointed by the said Council shall be Electrical paid at the rate of two guineas for every day on which he is so engaged p^f"'™' ^°'^ one moiety to be paid by the said Council and the other moiety by the said Company. 524 GRAPTON LIGHTING COMPANY. 48 Victoria. Electric con- ductors photo- meters and meters. Potential of current. 19. No electric main or conductor shall be used for the supply of electricity and no electric photometer shall be used for ascertaining the illuminating power of electric light and no electric meter shall be used for ascertaining the quantity of electricity supplied by the said Com- pany unless the said main conductor photometer or meter respectively shall be of a pattern approved in writing by the Superintendent of Telegraphs. 20. No continuous electric current shall be supplied by the said Company to any electric line main or cable having an electro -motive force of more than two hundred volts and no alternating current shall be so supplied having an electro-motive force of more than one hun- dred volts Provided that if in the opinion of the said Company it is deemed necessary for the purpose of carrying into effect the provisions of this Act to employ a higher tension of electricity than the said two hundred volts in the case of a continuous current or of one hundred volts in the case of an alternating current a written notice of the same containing a statement of the extent of the proposed increase of electro-motive force shall be served on the Superintendent of Tele- graphs who shall give the said Company notice in writing of the necessary precautions to be taken and things to be done by the said Company in order to secure the safety of the public which said pre- cautions shall be taken and things shall be done by the said Company before they shall supply a continuous electric current of higher electro- motive force than two hundred volts or an alternating electric current of higher electro-motive force than one hundred volts Por every breach of any of the provisions of this section the said Company shall be liable to a penalty not exceeding five hundred pounds and not less than two hundred pounds to be recovered in a summary manner before any two Justices of the Peace and every director manager or officer of the said Company who shall knowingly and wilfully authorize or permit the same to be done shall be liable to the like penalty to be recovered in the manner hereinbefore provided. 21. It shall not be lawful for the said Company to prescribe any special form of lamp or burner to be used by any person or in any way to control or interfere with the manner in which electricity sup- plied by the said Company is used Provided that no person shall be at liberty to use any form of lamp or burner or to use the electricity supplied by the said Company for any purpose or to deal with it in any manner so as to unduly or improperly interfere with the supply of electricity supplied to any other person by the said Company. General Provisions. Private lands not 22. Subject to the provisions of the thirty-first and thirty-second to be trespassed sections herein nothing in this Act contained shall be deemed to authorize the said Company their servants contractors agents or work- men to enter into or upon any private lands tenements or places or thereon to carry out any of the operations of the said Company without the previous consent in writing of the occupier thereof. Procedure when 23. If any owner or occupier of any building tenement or place or pro^rtyrefu6ed!^'^yP®^^°'^.*.°*^'^S for him shall refuse reasonable access in pursuance ' of the provisions of the third fourteenth or thirty-first sections herein contained to the contractors agents workmen or servants of the said Company for the purpose of removing any gas-pipe gas-meter electric- line electric-meter works or other apparatus for the supply of gas or No form of lamp or burner to be preBcribed. GEAPTON LI&HTING COMPANY. 525 electricity placed or introduced into any sucli building tenement or 48Victoeia, place by tlie said Company or shall prevent or obstruct such removal then the said owner occupier or person acting for him shall immedi- ately pay to the said Company the value of such gas-pipe gas-meter electric-line electric-meter works or other apparatus for the supply of gas or electricity and in default of his so doing within three days after demand thereof made at the same building tenement or place or the residence or last known residence of such owner occupier or person it shall be lawful for the said Company to make complaint thereof to any Justice of the Peace who may cause to be issued a summons to the person so making default calling on him to show cause before the nearest Court of Petty Sessions to the place where the said building tenement or place is situated why he refuses to pay such ■demand and thereupon the said Court shall proceed to the adjudication and enforcement of such demand in the manner hereinafter set forth And if any person shall place or lay any gas-pipe to communicate with any main gas-pipe gas-meter or other gas apparatus already laid placed or erected by the said Company or shall place lay connect or erect any electric cable insulated wire electric line switch connection branch carbon electric burner or lamp to communicate with any main electric cable main electric line electric accumulator storage battery electric meter or other electric apparatus already laid placed or erected by the said Company or shall supply any person with any gas or electricity supplied to him by the said Company without the said Company's consent in writing first obtained or if any person shall wantonly or maliciously hinder or interrupt any of the contractors workmen agents or servants of the said Company in legally doing or performing any of the acts by this section authorized to be done by them or in exercising any of the powers and authorities by this Act given or if any person shall wilfully or negligently or accidentally do or cause to be done any injury or damage to auy of the buildings machinery pipes burners gas- meters electric meters electric cables insulated wires lines or other apparatus whether for the generation and supply of gas or electricity of the said Company or remove the same or cause a waste or improper use of gas- or of electricity supplied by the said Company it shall be lawful for the said Company to make a complaint thereof before any Justice of the Peace who may cause to be issued a summons to the person so offending to appear before the Court of Petty Sessions nearest to the place at which such offence shall have been committed and being thereof lawfully convicted such person shall forfeit and pay to the said Company any sum not exceeding five pounds over and above all damages done and over and above all costs necessarily incurred in recovering the same such sum to be ascertained by such Court and to be enforced by distress and all proceedings under this Act not herein expressly provided for shall be regulated and conducted in accordance with the powers of the law in force for the time being respecting summary proceedings before Justices of the Peace and all such pro- Tisions shall so far as the same are applicable be enforced and observed in all proceedings under this Act not herein expressly provided for. 24. No gas-pipe burner lamp gas-meter or other gas apparatus and Apparatus not no electric accumulator storage battery electric cable insulated wire exe'ut\Mf a'"^^^' pole electric line pipe switch connection branch carbon burner lamp electric meter or electric apparatus of the said Company being placed under upon or above any building tenement or place shall be subject to distress for rent or shall be taken in execution under any process or 526 GEAFTON LIGHTINa COMPANY. 48 VioTOEiA. proceeding in any Court of law or equity or under any proceedings in bankruptcy or insolvency save so far as any j^rocess or proceedings against the said Company are concerned. Materials of 25. When and so often as the said Company its servants con- streets &c. tractors agents or workmen shall have opened broken up or removed replaced. the soil or iDavemont of any street or bridge as aforesaid or shall have opened or broken up any sewers drains or tunnels within or under any sixch streets or bridges or shall have erected any poles for the pur- pose of placing any electric line above ground the said Company shall make all reasonable despatch in performance of the work to be done and shall on completion of such work forthwith carry away all rubbish^ and waste or surplus material and render such street or bridge and every such sewer drain and tunnel within or under the same as nearly as possible in the same condition as it was in previously to the disturbance thereof and during the continuance of such work and until such reinstatement the said Company shall set up sufficient iteii™to be'kept barriers and keep lights burning at night in order to prevent acci- up. dents And also when and so often as any gas pitch waste tar waste liquid acid or other things shall escape or flow from any pipe receivers electric generator machine or drain being part of or incidental to the Nuisances. works to be erected under this Act so as to contaminate the air or any stream spring or other water water-course or body of water natural or artificial and render the same unhealthy or offensive or unfit for use it shall be lawful for any person to give notice thereof in writing to the said Company who shall immediately take the most speedy and effectual measures to prevent and remedy the same and if the said Company shall make default in any of the matters so required by it to be performed it shall be lawful for any person to lodge complaint thereof before any Justice of the Peace who may summon the said Company before the nearest Court of Petty Sessions and on proof of such default the said Court of Petty Sessions shall order and direct that the said matters shall be done by the said Company within a reasonable time to be named by such Coiirt and in default of compliance with such order any Justice of the Peace on proof of such default on the part of the said Company and on proof that the complainant or any other person has performed the said work so to be done and of the costs charges and expenses attending the same shall issue a distress warrant against the goods and chattels of the said Company for any amount not exceeding the said charges and expenses and the cost of prosecuting such complaint to be paid to the person performing the said work as aforesaid. Borough Council 26. An inspector of gas-meters and subject to the approval in inay appoint writing of the Superintendent of Telegraphs an inspector of electric meters. meters may from time to time be appointed by the said Council and the said inspector whether of gas or of electric meters shall at all times when authorized by the Council on the application and at the expense of any consumer of gas or of electricity supplied by the said Company be entitled to inspect and test the meters erected by the said Company in the premises of the person making such request after giving forty-eight hours notice of such intended inspection to the said Company and before such inspection the person requiring the same shall deposit in the hands of the inspector all money due or appearing to be due by such person to the said Company on account delivered and in case such deposit shall be in excess of the sum found to be due to the said Company such excess shall be returned to the consumer. GEAPTON LiaHTTNa COMPANY. 527 27. If any person shall forge or counterfeit or cause or procure 48 Viotokia. to be forged or counterfeited or knowingly act or assist in the forging Forging stamps, or counterfeiting of any stamp which may hereafter be used for the stamping of any gas or electric meter under this Act every person so offending shall for every such oifence he liable to a penalty not exceeding fifty pounds or less than ten pounds and if any person shall knowingly sell utter or dispose of let lend or expose for sale any gas or electric meter with such forged stamp thereon every person so ofEending shall for every such offence be liable to a penalty not exceeding ten pounds nor less than forty shillings and all gas or electric meters having forged or counterfeited stamps thereon shall be forfeited and destroyed. 28. In all cases where any damage may be done by the said Damage by Com- Company its servants agents contractors or workmen in the course of good. " ^ "* ** erecting laying do-mi removing or repairing any works gas-pipes electric lines or other apparatus for the supply of gas or electricity the said damage shall be made good at the expense of the said Company and in case the said Company shall delay within a reasonable time to make good such damage the owner of the property or thing damaged may make good the same and recover the expenses thereof from the said Company in the same manner as is herein provided for the recovery of any sum of money payable under the provisions of this Act. 29. Any person who unlawfully and maliciously cuts or injures any injm-ing works electric line gas-pipe or works with intent to cut off any supply of '''* mtent. electricity or gas shall be guilty of felony punishable under section three hundred and seventy-nine of the Criminal Law Amendment Act of 1883. 30. Any person who maliciously or fraudulently abstracts causes to stealing gas or be wasted or diverted consumes or uses any gas or electricity supplied ^'^'^'"city. by the said Company shall be guilty of simple larceny within the meaning of the Criminal Law Amendment Act of 1883. 31. It shall be lawful for the said Company to cut off and take away the Power to cut off supply of gas or electricity from the building tenement or other place ordefauWera"''^ of every person or body making default in payment after giving twenty-four hours notice to the occupier and thenceforth to discon- tinue the supply of gas or electricity contracted for with the said Company by such person or body and to enter by itself its agents or workmen into such building tenement or place between the hours of nine in the forenoon and four in the afternoon and remove and carry away any pipe burners lamp meter electric line or other apparatus for the supply of gas or electricity the property of the said Company and the said Company shall have the like powers with regard to cutting off taking away and discontinuing the supply of gas or electricity in the case of the building tenement or place of any person who shall have been lawfully convicted as hereinbefore provided of any fraudulent injury to any meter or apparatus for the supply of gas or electricity on such premises or fraudulent use of the gas or electricity of the said Company And in case any person or body who shall contract with Remedy for the said Company or agree to take or shall take or use the gas or the orgas Mdec™'^ electricity of the said Company in any building tenement or place or tricity. otherwise shall refuse or neglect to pay the sum or sums of money then due under his or their contract for the same to the said Company according to the terms and stipulations thereof it shall be lawful for the said Company to make complaints of such refusal or neglect before 528 aEAFTON LIGHTING COMPANY. 48 ViOTOKiA. any Justice of the Peace who may cause to be issued a summons to the party or parties so refusing or neglecting calling on him or them to show cause before the Court of Petty Sessions in the police district in which such building tenement or place is situated or such user took place why he or they refuses or refuse to pay such sum or sums and thereupon the said Court shall proceed to the adjudication of the said complaint and enforcement of the said demand and costs charges and expenses incurred in the prosecution thereof by distress and sale of the goods and chattels of the person or persons or body so refusing or neglecting to pay. Right ot officer 32. The secretary engineer or any other officer of the said Company to enter premises jjjg^y ^^ g^j] reasonable times enter any building tenement or place whether public or private lighted with gas or electricity supplied by the said Company in order to inspect the pipes burners lamps meters electric lines or other apparatus for the supply of gas or electricity of or connected with the works of the said Company to regulate the supply of gas or electricity or to ascertain the quantity of gas or electricity consumed or supplied and if any person shall hinder any such oflficer as aforesaid from so entering or making such inspection as aforesaid at any reasonable time such person shall for every such offence forfeit and pay to the said Company a sum of money not exceeding five pounds to be awarded and recovered by the said Company in like manner as the penalties aforesaid. 33. Any person may appeal from the judgment or conviction of any Court of Petty Sessions under this Act in the form and manner set forth in the Act of Council fifth "William the Pourth number twenty-two. 34. Nothing in this Act contained shall be construed to prevent any person from indicting or otherwise proceeding either civilly or crimi- nally against the said Company for nuisance or otherwise in respect of the works or means used or employed by the said Company in exercising the privileges hereby on the said Company conferred or to prevent the said Company or any person from recovering any sum of money or otherwise proceeding in any Court of competent jurisdiction but the said Company or any person to whom any penalty or sum of money may by the provisions of this Act be awarded may elect either to proceed in manner in this Act provided or to proceed for and recover damages or otherwise in any Court of competent jurisdiction. 33. In aU cases in which any Act of Parliament or of the Colonial Legislature or by any rule or order of the practice of the Supreme Court or any other Court now or hereafter to be in force in this Colony the plaintiif complainant or defendant in any action suit or other proceeding civil criminal or otherwise or any creditor of an insolvent estate or any person being a party to or interested in any process or proceeding whatsoever is or shall be authorized empowered or required to make any affidavit deposition or information or to sign or present any petition or to do any other act it shall be lawful and competent for the secretary or any other officer of the said Company with the consent in writing of the directors of the said Company where such Company shall be such plantifi complainant defendant or creditor or be a party to or otherwise interested in any process or proceeding as aforesaid for and on behalf of the Company to make any such affidavit deposition complaint or information sign or present any such petition or do any such other act as aforesaid for or on behalf of the said Company. Right of appeal. Indictment for nuisances. Power to secre- tary or other officers. G-RAFTON LIGHTINa COMPANY. 529 36. The directors for the time heing shall have the custody of the 48 Victokia. common seal of the Company and the directors of the Company or a custody and use majority of them shall have povyer to use such common seal or authorize °' ^^*'- the same to be used for the affairs and concerns of the Company and under such seal to authorize and empower any person or persons vnth- out such seal to execute any deed and do all or any such other matters and things as may be required to be executed and done for or on behalf of the Company But it shall not be necessary to use the corporate seal in respect of any of the ordinary business of the Company or for the appointment of any attorney or solicitor for the prosecution or defence of any action suit or proceeding or of any officer or servant of the Company and such seal may be affixed to any deed or document whatsoever by any one of the directors of the said Company or by the hand of any person whom the directors shall appoint in that behalf and the affixing thereof shall be attested by at least one director and such person so appointed. 37. If it shall be proved to the satisfaction of any two Justices of General penalty, the Peace in Petty Sessions assembled that the said Company or any of its officers have been guilty of any default under this Act not otherwise provided for they shall be liable for each and every such default to a penalty not exceeding five pounds to be recovered in a summary way. 38. Nothing ia this Act contained shall affect the privileges conferred Saving torprivii- upon the Superintendent of Telegraphs by Act twentieth Victoria fn^n^ent'trf ' number forty-one or authorize or enable the said Company to transmit Telegraphs, any telegram or to perform any of the incidental services of receiviag collecting or delivering telegrams or give to the said Company any power authority or facility in connexion with the transmission of telegrams or the performance of any of the incidental services of receiving collecting or delivering telegrams. 39. Nothing in this Act contained shall prevent the said Company Company may being brought under the provisions of any Public Act which may be under general passed by the Parliament of New South Wales applying generally to ^o^- Companies engaged in the manufacture or generating of gas or electricity or in the sale or supply of the same nor entitle the said Company to compensation from the Public Eevenue by reason of the provisions of such Act being made applicable to and binding on the said Company. 40. This Act may be cited as the " G-rafton Lighting Company Short title. (Limited) Act of 1884." SCHEDULE A. PART I. 1. Eegulations in respect of testing apparatus, (a) The apparatus for testing the illuminating power of gas shall consist of the most approved form of photometer known together with a proper meter minute clock governor pressure gauge and balance The burner to be used for testing the gas shall be an Argand burner having fifteen holes and a seven-inch chimney The candles used for testing the gas shall be sperm candles of six to the pound and two candles shall be used together. 2. The apparatus. (b) For testing the presence in the gas of sulphuretted hydrogen A glass vessel containing a strip of bibulous paper moistened with a solution of acetate of lead containing sixty grains of crystallized acetate of lead dissolved in one fluid ounce of water. 2x 530 GEETA COAL AND SHALE MINING COMPANY. 48 Victoria. PART II. 1. Eiiles as to mode of testing gas. (a.) Mode of testing for illuminating power The gas in the photometer is to be lighted at least fifteen minutes before the testings begin and it is to be kept continually burning from the beginning to the end of the tests. Each testing shall include ten observations of the photometer made at intervals of a minute. The consumption of gas is to be carefully adjusted to five cubic feet per hour. The candles are to be lighted at least ten minutes before beginning each testing so as to arrive at their normal rate of burning which is shown when the wick is slightly bent and the tip glowing The standard rate of consumption for the candles shall be one hundred and twenty grains per hour Before and after making each set of ten observations of the photometer the gas examiner shall -weigh the candles and if combustion shall have been more or less per candle than one hundred and twenty grains per hour he shall make and record the calculations requisite to neutralize the effects of this difference The average of each set of ten observations is to be taken as representing the illuminating power of that testing. 2. Mode of testing. {h) For sulphuretted hydrogen The gas has been passed through a glass vessel containing a strip of bibulous paper moistened with the solution of acetate of lead for a period of three minutes or such longer period as may be prescribed and if any discoloration of the test paper is found to have taken place this is held to be conclusive as to the presence of sulphuretted hydrogen in the gas. SCHEDULE B. Memorandum of Association under the Companies Act of the Grafton Lighting Company (Limited) as a Company limited by shares. 1. The name of the Company is the " Grafton Lighting Company (Limited)," 2. The registered office of the Company will be situate in Grafton. 3. The objects for which the Company is formed are — (a) To establish and carry on a business for the purpose of lighting the city of Grafton either by means of gas or electricity or partly by each of such means from whatever materials such gas may be made or by whatever process the power of lighting by electricity may be obtained. (b) To buy or lease land buildings machinery appliances materials goods and chattels to construct and maintain works and to manufacture and sell all products of materials used in the said business. (c) To obtain an Act or Acts of Parliament for enabling the Company to carry into effect all or any of the above objects and to do all such other things as are incidental or conducive to their attainment. 4. The liability of the members is limited. 5. The capital of the Company is six thousand pounds divided into six thousand shares of one pound each. GEETA COAL AND SHALE MINING COMPANY. 37 Victoria. An Act to incorporate the Greta Coal and Shale Mining Company. [16 April, 1874.] Preamble. \ I THERE AS a joint stock Company called the " Greta Coal and W Shale Mining 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 settlement bearing date the first day of December one thousand eight hundred and serenty-three and by the said deed the several parties thereto have respectively covenanted and agreed that they should form and be a joint stock Company under the name of the " Greta Coal and Shale Mining Company" and that the objects and business of the Company should be GEETA COAL AND SHALE MINING COMPANY. 631 to searcli for raise and obtain from certain lands mentioned in the said 37 Victoeia. deed of settlement and from any other land that may thereafter be acquired by the said Company all such coal and kerosene shale and other metals and minerals as may be found therein and the manufacture of coal into coke and of clay and other substances into fire or other bricks and also to wash crush smelt refine or otherwise make market- able any coal shale mineral rocks loam earth or soil and to extract distil and refine any oils or other products therefrom and for any of the purposes aforesaid to purchase hire or otherwise obtain machinery and erect construct and establish all such furnaces steam and other engines machinery buildings and other works as may be proper and necessary for such purposes Also to purchase or hire Tessels and to make or unite with any other persons in making rail or tram roads wharfs and staiths or other conveniences for the transit deposit or shipment of the coal and shale and other property of the Company and to export sell or otherwise dispose of all saleable products which may be obtained by the means aforesaid and generally to make erect construct build and provide all such other works and conveniences as may be deemed necessary for all or any of the purposes aforesaid And whereas it was by the said deed of settlement agreed that the capital of the said Company should until increased as therein provided be fifty thousand pounds and should be divided into five thousand shares of ten pounds each And whereas by the said deed provision has been made for the due management of the affairs of the said Company by directors therein named and by other 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 incor- porated under the provisions herein contained and it is expedient that such Company shall be incorporated for the purposes aforesaid 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 as follows : — 1. Every person who has already become or who shall at any company incor- time hereafter become holders of shares in the said Company in the ported by the •TTT 1 -iiTf T 1 i*ji naiiie of the ' manner provided by the said deed of settlement and subject to the "Greta Coai and provisions therein contained and their several and respective successors company"'"'^ executors administrators and assigns shall for the purposes aforesaid be one body corporate by the name and style of the " Greta Coal and Shale Mining Company" and by that name shall have perpetual succession and a common seal and shall and may sue and be sued plead and be impleaded answer and be answered unto defend and be defended in all Courts and places whatsoever. 2. It shall be lawful for the said Company to purchase take hold Company may and enjoy to them and their successors for any estate term of years or '"'''* '*°'^^- interest or under license any coal or other mineral lands whatsoever and all such houses offices buildings and other lands and hereditaments as may be necessary and proper for the purpose of managing conducting and carrying on the affairs concerns and business of the said Company and to sell convey and assign assure lease and otherwise dispose of or act in respect of such coal or other mineral lands houses offices build- ings and other lands and hereditaments as occasion may require without incurring any penalties or forfeitures. 3. The several rules regulations clauses provisions and agreements Deed of settie- contained in the said deed of settlement or to be made under or by ™™' conflnned. virtue or in pursuance thereof or of this Act shall be deemed and 532 GEETA COAL AND SHALE MININQ COMPANY. 37 Victoria, considered to be and shall be the by-laws^ for the time being of the said Company and shall be of the same force and effect as if the same had been herein specially enacted Saye and except in so far as any of them are or shall be altered varied or repealed by or are or shall be inconsistent or incompatible with or repugnant to any of the provisions of this Act or of any laws now or hereafter to be in force in the said Colony. All property be- 4. All lands railways mining plant rolling stock and machinery now Coln'"an *° o^be belonging to the mines mentioned in the said deed of settlement or used vested in the in Connection therewith and all other property belonging to or held by hereb™incorpor- ^W trustee for the said Company according to the estate and interest ated. therein and the nature and quality thereof respectively shall be and is hereby transferred to and vested in the said Company as hereby incorporated. Entorcement of 5. If at the time appointed for the payment of any call any share- caiis by action, holder shall fail to pay the amount of such call it shall be lawful for the Company to sue such shareholder for the amount thereof in any Court of law or equity having competent jurisdiction and to recover the same with interest thereon and in any action or suit for the recovery Declaration in thereof it shall be sufficient for the Company to declare that the ciib *° '^'^''°'"" defendant is the holder of so many shares (stating the number) and is indebted to the Company in such sum of money as the calls in arrear shall amount to in respect thereof (stating the number and amount of Matter to be each of such calls) whereby an action or suit liath accrued to the Oom- fOToaiis!" °'°"°" V^^J ^i^'i 0^ ^'l^s t'"!^! 0^ hearing of such action or suit it shall be sufficient to prove that the defendant at the time of making such call was a holder of so many shares in the Company and that such call was in fact made by persons acting as directors of the Company and such notice thereof given as is directed by the said deed of settlement and it shall not be necessary to prove the appointment of the directors who made such call nor any other matter whatever and thereupon the Company shall be entitled to recover what shall be due upon such call and interest thereon and the production of the Register of Share- holders shall be prima facie evidence of such defendant being a share- holder and of the number and amount of his shares. Contracts by 6. The power of the directors to make contracts on behalf of the be^enteredlinto" Company may lawfully be exercised as follows (that is to say) : — • With respect to any contract which if made between private persons would be by law required to be in writing and under seal the directors may make such contract on behalf of the Company in writing and under the common seal of the Company and in the same manner may vary or discharge the same. "With respect to any contract which if made between private persons would be by law required to be in writing and signed by the parties to be charged therewith the directors may make such contract on behalf of the Company in writing signed by any two of the directors and in the same manner may vary or discharge the same. "With respect to any contract which if made between private persons would by law be valid although made by parol only and not reduced into writing the directors may make such contract on behalf of the Company by parol only without writing and in the same manner may vary or discharge the same. GRETA COAL AND SHALE MINING- COMPANY. 533 And all contracts made according to the provisions herein contained 37 Victoria. shall be effectual in law and shall be binding upon the Company and their successors and all other parties thereto their heirs executors or administrators as the case may be and on any default in the execution of any such contract either by the Company or any other party thereto such action or suit may be brought either by or against the Company as might be brought had the same contracts been made between private parties only. 7. Before any person entrusted with the custody or control of Security to be moneys belonging to the Company whether treasurer collector or ^cersen'trusted other of&cer of the Company shall enter upon his office the directors with money, shall take sufficient security from him for the faithful execution of his office. 8. Every officer employed by the Company shall from time to time officers to ae- when required by the directors make out and deliver to them or to any mand.""''^' person appointed by them for that purpose a true and perfect account in writing under his hand of all moneys received by him on behalf of the Company and such account shall state how and to whom and for what purpose such moneys shall have been disposed of and to- gether with such account such officer shall deliver the vouchers and receipts for such payments and every such officer shall pay to the directors or to any person appointed by them to receive the same all moneys which shall appear to be owing from him on the balance of such accounts. 9. If any such officer fail to render such account or to produce and Summary' deliver up all the vouchers and receipts relating to the same in his ptrties^tamng to possession or power or to pay the balance thereof when thereunto "^o"""*- required or if for three days after being thereunto required he fail to deliver up to the directors or to any person appointed by them to receive the same all papers and writings property effects matters and things in his possession or power relating or belonging to the Com- pany then on complaint thereof being made to a Justice such Justice shall summon such officer to appear before two or more Justices at a time and place to be set forth in such summons to answer such charge and upon the appearance of such officer or in his absence upon proof that such summons was personally served upon him or left at his last known place of abode such Justices may hear and determine the matter in a sijmmary way and may adjust and declare the balance owing by such officer and if it appear either upon the confession of such officer or upon evidence or upon inspection of the account that any moneys of the Company are in the hands of such officer or owing by him to the Company such Justices may order such officer to pay the same and if he fail to pay the amount it shall be lawful for such Justices to grant a warrant to levy the same by distress or in default thereof to commit the offender to gaol for a period not exceeding three months unless the said amount be sooner paid. 10. If any such officer refuse to make out such account in writing officers refusing or to produce and deliver to the Justices the several vouchers doraments'&c. and receipts relating thereto or to deliver up any books papers or tobeimprisoned. writings property effects matters or things in his possession or power belonging to the Company such Justices may lawfully commit such offender to gaol there to remain until he shall have delivered up all the vouchers and receipts (if any) in his possession or power relating to 534 QEETA COAL AND SHALE MINING- COMPANY. Power to make and alter by- laws. Evidence of by-laws. Execution against shareholders. 37 Victoria, sucli accounts and have delivered up all books papers writings property effects matters and things (if any) in his possession or power belonging to the Company. 11. Por the purpose of regulating the conduct of the officers and servants of the Company and for providing for the due management of the affairs of the Company in all respects whatsoever it shall be lawful for the Company subject to the provisions herein mentioned from time to time to make such by-laws and regulations as they think fit Pro- vided that such by-laws be not repugnant to the laws of the Colony or to the provisions of this Act or to any resolution of any general meeting of shareholders and such by-laws shall be reduced into writing and shall have aifixed thereto the common seal of the Company and a copy of such by-laws shall be given to every officer and servant of the Company affected thereby. 12. The production of a printed or written copy of the by-laws of the Company having the common seal of the Company affixed thereto shall be sufficient evidence of such by-laws in all proceedings under the same. 13. If any execution either at law or in equity shall have been issued against the property or effects of the Company and if there cannot be found sufficient whereon to levy such execution then such execution may be issued against any of the shareholders to an amount equal to the amount of their shares respectively in the capital of the Company in addition to the amount of the said shares Provided always that no such execution shall issue against any shareholder except upon an 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 in ^vriting 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 the shareholders' register required by the said deed of settlement to be kept in the office of the Company without fee Provided further that nothing herein contained shall extend to charge or make liable any shareholder of the Company or his real or personal estate with or for any debt or demand whatever due or to become due from or by the Company or in anywise relating to the said undertaking for any of the matters or things authorized by the said deed of settlement or this Act to be made done or completed to a greater extent than the amount of their subscribed shares and a further amount equal to their said subscribed shares any law to the contrary thereof in anywise notwithstanding. 14. If by means of any such execution any shareholder shaU have paid any sum of money beyond the amount then due from him in respect of calls he shall forthwith be reimbursed such additional sum by the directors out of the funds of the Company. 15. The directors shall have the custody of the common seal and the form thereof and all other matters relating thereto shall from time to time be determined at meetings of directors and the directors present at any meeting shall have power to use the common seal for the affairs and concerns of the Company and under such seal to authorize and empower any person without such seal to execute any deed and do all or any other such matters and things a' may be required to be executed Shareholders not liable beyond the amount of their subscribed shares and on an amount equal to such shares. Shareholders to be reimbursed amount paid beyond calls due. Custody and use corporate seal. HAMILTON'S TEUST. 535 and done on behalf of the Company but it stall not be necessary to use 37 Victoria. the corporate seal in respect of any of the ordinary business of the Company or for the appointment of any attorney or solicitor for the prosecution of any action suit or other proceedings or of any officer or servant of the Company and such seal may be affixed to any deed or document by the hand of any person whom the directors shall appoint in that behalf and the affixing thereof shall be attested by one director and such person so appointed and in case any conveyance or other instrument under seal shall be executed wherein it appears that such conveyance or other instrument is executed in consideration of a money payment therein stated to have been made to the Company such execu- tion shall have no operation in law or shall operate only as an escrow (according as may be indicated in the attestation aforesaid) until the treasurer or other officer charged with the receipts of moneys on behalf of the Company shall have certified under his hand at the foot thereof that such consideration money has been duly paid. HAMILTON'S TEUST ACT. An Act to enable tlie trustees of the settlement made 22 Victoria. on the marriage of Hiigh Hamilton with Margaret Clunes Innes to sell part of the trust property and invest the proceeds of sale on real Securities. [13 August, 1868.] WHEREAS by an indenture bearing date the twenty-second day Preamble, of August one thousand eight hundred and fifty-three and made between Hugh Hamilton of the district of Lachlan in the Colony of New South Wales Esquire of the first part Margaret Clunes Innes of Parramatta in the county of Cumberland in the same Colony spinster of the second part and Greorge Macleay of Brownlow Hill in the county of Camden in the same Colony and John Stirling of Mossman's Bay in the said county of Cumberland Esquires of the third part after reciting among other things that a marriage was intended shortly to be solemnized between the said Hugh Hamilton and Margaret Clunes Innes the said Hugh Hamilton did assign transfer and set over unto the said George Macleay and John Stirling and the survivor of them his executors and administrators among other things five hundred head of cattle and five brood mares then depasturing at Tommanbil Boyde in the district of Lachlan in the said Colony of New South Wales being all then the property of and in the possession of the said Hugh Hamilton together with all the increase progeny produce profits benefits and advantages of and from the said cattle and mares from time to time respectively arising and accruing upon trust from time to time and at any time or times to sell exchange or otherwise dispose of such and so many of the said cattle and of the said brood mares respectively and of the increase progeny and produce thereof respectively as to them should seem most expedient and for the benefit of the persons interested under the trusts therein expressed and declared but so nevertheless as to main- tain as nearly as may be during the continuance of all or any of the said trusts the same number of brood mares as aforesaid and a 536 HAMILTON'S TEFST. 22 VicTOEiA. miinber of cattle equal to the number thereof thereby assigned or a proportionate number according to the trusts from time to time sub- sisting and from time to time at proper and convenient seasons of the year by public sale or otherwise to convert into money the excess of such cattle and the increase progeny and produce thereof over and above such full and proportionate number as the case may be whether of cattle or brood mares and out of such money and all or any other the proceeds from time to time coming to their hands by way of profits or otherwise of the said cattle or their increase and progeny or the increase and progeny of any such mares to supply any deficiency which may occur by accident or otherwise among such full or proportionate number of cattle or mares as aforesaid and to pay all necessary and proper charges salaries expenses and outgoings of and incident to the management superintendence and due maintenance of all cattle and mares and their respective increase and progeny from time to time in the possession or power of the said trustees and otherwise incident to the trusts thereby expressed and declared con- cerning the same and upon trust to carry the clear balance of such moneys proceeds or profits after such deductions as aforesaid to a fund to be called the Trust Pund and by the said indenture certain trusts were declared of the said Trust Pund and the other property in the hands of the said trustees including the said cattle and mares for the benefit of the said Hugh Hamilton and Margaret Clunes Innes and their children respectively And whereas the said intended marriage between the said Hugh Hamilton and Margaret Clunes Innes was duly had and solemnized shortly after the date of the said indenture And whereas the said Hugh Hamilton and Margaret Clunes Hamilton are still living and there is issue of the said marriage three children (that is to say) Hugh Montgomerie Greorge Innes and an infant daughter unnamed And whereas the trusts for the manage- ment superintendence and maintenance of the said cattle and mares have been found inconvenient and burdensome and it would be ad- vantageous to all the parties beneficially interested under the trusts of the said indenture if the trustees of the said indenture had power at their discretion to sell and absolutely dispose of the said cattle and horse stock and to invest the money to arise from such sale on real securities upon the trusts of the said indenture but the said indenture does not contain any power enabling the said trustees so to do 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. It shall be lawful for the said G-eorge Macleay and John Stirling or the survivor of them or other the trustees or trustee for the time being of the said indenture with the consent in writing of the said Hugh Hamilton and Margaret Clunes Hamilton his wife or of the survivor of them and after the decease of such survivor at the absolute discretion of such trustees or trustee to sell and dispose of the whole of the said cattle and horse stock and their respective increase and progeny by public auction or private contract and either in one lot or in several lots and at one or more time or times as they or he shall think most expedient for such price or prices as can reasonably be obtained for the same and to assign and transfer the same to the pur- chaser or respective purchasers thereof freed and discharged from the trusts created and declared by the said indenture and the receipt or Trustees may sell cattle and horse stock. HANSON'S TEFST. 537 receipts ia writing of the said George Maoleay and John Stirling or 22 Victoeia, the survivor of them or other the trustees or trustee for the time being of the said indenture shall absolutely discharge the purchaser or purchasers of the said cattle and horse stock or any part or parts thereof from the purchase money payable by him or them respectively and shall exonerate him or them from seeing to the application of the said purchase money and from all liability as to the misapplication or non-application thereof. 2. It shall be lawful for the said George Macleay and John Stirling ^^'sTmon^-f ro- or the survivor of them or other the trustees or trustee for the time ceeds of sales being of the said indenture with the consent in writing of the said J^^?^ '^*' ^^™' Hugh Hamilton and Margaret Clunes Hamilton his wife or the sur- vivor of them and after the decease of such survivor at the absolute discretion of such trustees or trustee to invest the moneys to arise from such sale or sales at interest upon real securities in New South Wales and also from time to time with the like consent or at the like discretion to alter vary and transpose the securities upon which the said money shall be invested for other securities of the same descrip- tion and the said securities and the interest of the moneys invested thereon shall go and be payable and paid to such person and persons and applied to for and upon such trusts intents and purposes as are in and by the said indenture respectively mentioned and declared in relation to the said Trust Pund and the said cattle and mares in the said indenture mentioned as if this Act had not been passed. 3. In citing this Act in any instrument document or proceeding it Title of Act. shall be sufficient to use the expression " Hamilton's Trust Act." HANSON'S TRUST. An Act to enable the Trustees of the Will of Alcander 39Tioioeia. Charles Hanson deceased to sell or join with the proper persons in selling certain Trust Heal Estate. [26 May, 1876.] WHEREAS Joseph Samuel Hanson late of the Colony of New Preamble. South Wales on the first day of August one thousand eight hundred and forty-seven duly made and executed his last will and testament of that date by which he gave devised and bequeathed all his real and personal estate of what nature kind or description soever and wheresoever the same might be situated unto his dear wife Mary Hanson and his friends Erancis Mitchell Charles Mitchell and John Campbell their heirs executors administrators and assigns according to the nature and quality thereof respectively To hold the same unto the said Mary Hanson Erancis Mitchell Charles Mitchell and John Campbell and the survivors and survivor of them and the heirs executors administrators and assigns of such survivor upon trust and to the uses following that was to say upon trust in the first place to pay satisfy and discharge all his just debts funeral and testamentary expenses and legacies and afterpayment thereof to pay the rents interests and proceeds of his said real and personal estate for her support and for the maintenance education and advancement in life of all his children by his said wife during such time as she might remain a widow and 538 HANSON'S TEUST. 39 VicTOBiA. unmamed and iipoii his said wife being married to pay his said wife one- eightli part of the annual rents interests and proceeds of his said real and personal estate but declared that the same should not be liable to the debts and control of any future husband whom she might marry And to pay and apply a sufficient part of the residue rents interests and proceeds of his said real and personal estate for and towards the maintenance and education and advancement in life of all his said children during their minorities and upon his said children attaining the age of twenty-one years upon trust to pay convey and assure his said real and personal estate unto and amongst all his said children in equal shares and proportions share and share alike with benefit of sur- vivorship between and amongst them if any or either of them should die without issue under the age of twenty-one years and if all of them should die without issue under the age of twenty-one years to the use of his own right heirs for ever and after bequeathing a legacy to his mother and naming a guardian^ of his children during their minorities appointed his said wife executrix and Francis Mitchell Charles Mitchell and John Campbell executors of his said will And whereas the said Joseph Samuel Hanson died on the seventh day of June one thousand eight hundred and fifty-two without having in any way revoked or altered his said will And whereas Alcander Charles Hanson a son of the said Joseph Samuel Hanson on the fourth day of January one thousand eight hundred and seventy duly made and executed his last will and testament of that date by which after directing the payment of all his just debts funeral and testamentary expenses and appointing Albert George Hanson and his dear wife Elizabeth Esther Hanson trustees and executors of his said will and making a bequest in favour of his said wife devised all estates vested in him as mortgagee unto and to the use of his said trustees their heirs executors administrators and assigns respectively subject to the equities and trusts affecting the same respectively and so far as he was beneficially interested as mortgagee to be disposed of as thereinafter mentioned And the said testator by his said will gave de- vised and bequeathed unto his said trustees the rents and all other moneys and property he was or which he might be at any time there- after entitled to under his father's will and also the interests to be derived from money invested by him on mortgage or otherwise upon the following trusts and directed his trustees or trustee therein mentioned to pay the said rents and interest to his said wife during her life the same to be had and received by her for her own sole and separate use and benefit and free from the debts control or engage- ments of any husband with whom she might intermarry after his decease and directed that his said wife should out of the income so as aforesaid to be received by her maintain educate and bring up his children being sons until the age of twenty-one years and being daughters until that age or marriage and in the event of any of the property in which he was interested under his father's will being sold by the persons beneficially interested therein or in the event of any of the moneys then invested by him on mortgage or otherwise being repaid or remaining in hand he directed his said trustees to invest all and every the said moneys in or upon any of the public funds or securities of the Colony of New South "Wales or any real or leasehold securities in the said Colony with liberty to the said trustees or trustee to vary and transpose the investment from time to time for any other investment of the description aforesaid and directed that his said HAJSrSON'S TEFST. 639 trustees should stand possessed of and interested in the said trust 39 Victoria. estate upon trust to pay the interest of the moneys so invested to his said wife during her life for her own sole separate and exclusive use and henefit and after the decease of his said wife directed his trustees or the trustee or trustees for the time being of his said will to stand seized of all the said money so payable to his wife during her life upon trust to pay to each child of his who being a male should attain the age of twenty-one years or being a female should attain that age or marry his or her share of the said rents and other money the share or shares of such child or children being a daughter or daughters to be for her or their sole and separate use Provided always that if any child of his should be an infant at the death of his said wife his trustees or trustee should apply the income of the expectant share of such infant for or towards his or her maintenance and education or should accumulate the said income if and so far as the same should not be required for the purposes aforesaid by investing the same and the resulting income thereof to the intent that such accumulation might be added to the principal of the said share and follow the destination thereof and on the youngest of his children attaining the age of twenty-one years or being a daughter attaining that age or marrying then the said testator directed his said trustees or the trustee or trustees for the time being of his said wiU to sell and convert into money all the property real and personal of which he might so die seized for the best prices that could be gotten for the same by public auction or private contract as to his said trustees or trustee might seem fit and after paying all necessary expenses attending such sale and reimbursing to themselves all necessary charges and expenses which they might incur with reference to the trusts of his said will to divide the proceeds equally between his children and "the share of any such child being a daughter being had and received by her at all times for her own sole separate and exclusive use and benefit and the said testator em2)owered his trustees or trustee for the time being of his said will to give receipts for all moneys and effects to be paid or to be delivered to them by virtue of his will and declared that such receipts should exonerate the persons taking the same from all liability to see to the application or disposition of the moneys or efEects thereiu mentioned and the said testator declared that if the trustees thereby appointed or either of them should die in his life time or if they or either of them or any future trustee or trustees of his said will should die or desire to retire from or refuse or become incapable to act in the trusts of his said will before the same should be fully performed then and in every such case it should be lawful for his said wife during her life and after her decease for the continuing trustee or trustees for the time being of his said will or if there should be no continuing trustee then for the retiring or refusing trustees or trustee or the executors or administrators of the last acting trustee to appoint any other person or persons to be a trustee or trustees in the place of the trustee or trustees so dying or desiring to retire or refusing or becoming incapable to act as aforesaid with liberty upon any such appointment to increase or diminish the original number of trustees and apon every such appointment the trust premises should be so conveyed and transferred that the same might become vested in the new trustee or trustees either jointly with the continuing trustee or trustees or solely as the case might require and every such new trustee (as well before as after the trust premises should have become vested in him) should have aU the powers and authorities of a trustee 540 HANSON'S TErST. 39 Victoria, in whose place he should be suhstituted and the said testator exempted every trustee of his said will from liability or losses occurring without his own wilful neglect or default and authorized him to retain and allow to his co-trustee all expenses incidental to the trusteeship and lastly revoked all former and other wills And whereas the said Alcander Charles Hanson died on the twenty-ninth day of May one thousand eight hundred and seventy -three without having in any way revoked or altered his said will And whereas by an indenture bearing date the seventeenth day of November one thousand eight hundred and seventy-four and made between the said Elizabeth Esther Hanson of the first part Albert G-eorge Hanson of Sydney aforesaid gentleman and the said Elizabeth Esther Hanson of the second part and William Henry Peisley the younger of Orielton Park of the third part reciting in part the said will of the said Alcander Charles Hanson and reciting that the said Albert G-eorge Hanson was desirous of being discharged from the trusts of the thereinbefore and hereinbefore mentioned will and that the said Elizabeth Esther Hanson was desirous of appointing the said William Henry Peisley the younger to be a trustee of the said will in the place and stead of the said Albert Q-eorge Hanson The said Elizabeth Esther Hanson in exercise of the power given to her by the thereinbefore and hereinbefore recited will and of every other power or authority in anywise enabling her in that behalf did thereby nominate and appoint the said William Henry Peisley the younger to be a trustee of the said recited will in the place and stead of Albert G-eorge Hanson And the said Albert G-eorge Hanson and Elizabeth Esther Hanson did and each of them did thereby grant bargain sell release and confirm unto the said William Henry Peisley the younger and his heirs all the lands here- ditaments and real estates then vested in the said Albert G-eorge Hanson and the said Elizabeth Esther Hanson upon and subject to the trusts powers and provisions of the said recited will and all the estate right title interest property claim and demand whatsoever both at law and in equity of them the said Albert Greorge Hanson and Elizabeth Esther Hanson and each of them of in to or out of the said hereditaments and premises to have and to hold the said lands hereditaments and premises thereby released or otherwise assured or expressed and intended so to be unto the said William Henry Peisley the younger and his heirs to the use of the said Elizabeth Esther Hanson and to William Henry Peisley the younger their heirs and assigns upon and for the trusts intents and purposes and with under and subject to the powers provi- soes and declarations in and by the said thereinbefore and hereinbefore recited will expressed declared and contained of and concerning the same And whereas the youngest of the children of the said Alcander Charles Hanson has not attained or married under the said age of twenty-one years And whereas all the persons beneficially interested under the said will of the said Joseph Samuel Hanson except the said trustees of the said will of the said Alcander Charles Hanson are capable of joining in selling the said real estate so as aforesaid devised by such will of the said Joseph Samuel Hanson and are desirous of selhng the same And whereas such sales cannot be made and carried out by reason only that the said trustees of the said will of the said Alcander Charles Hanson have not now power of selling or joining in selling and conveying any such real estate And whereas it would be for the benefit and advantage of the several persons beneficially entitled under the said will of the said Alcander Charles Hanson that the trustees of such will should at once and before the youngest of HANSON'S TEUST. 541 the said Aleander Charles Hanson's children being a son attaining the 39 Victoeia. age of twenty-one years and being a daughter attaining or marrying Tinder that age have power to sell and concur with those interested under the said will of the said Joseph Samuel Hanson in selling the real estate devised by such will And whereas the said sale and joining in selling. by the said trustees of the said will of the said Aleander Charles Hanson cannot be carried out without an Act in that behalf of the Legislature of New South "Wales And whereas it is expedient that such trustees of the said will of the said Aleander Charles Hanson should have such power to sell or to join with the proper persons in sel- ling the said real estate devised by the said will of the said Joseph Samuel Hanson and to invest the moneys or proportion of moneys coming to them upon any such sale Be it 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 authority of the same as follows : — 1. It shall be lawful for the trustees or trustee for the time being Power to sell. of the said will of the said Aleander Charles Hanson from time to time and at any time to sell or to join with all proper and necessary parties in selling either together or in parcels and either by public auction or private contract the real estate to which the said Aleander Charles Hanson was at the time of his death entitled under the said will of the said Joseph Samuel Hanson and upon any such sale or sales to make or join or concur in making any stipulations or conditions as to title or evidence or commencement of title or otherwise and to buy in or rescind or vary any contract for sale and to resell without being responsible for any loss arising or being occasioned thereby. 2. It shall also be lawful for the said trustees or trustee for the time Power to concur being of the said will of the said Aleander Charles Hanson to concur aireed\o'o!^^ in the carrying out and completing any sale of the said real estate mide. devised by the said will of the said Joseph Samuel Hanson or any part of it in which the said Aleander Charles Hanson was at the time of his death interested which may have been or may be before or after the passing of this Act agreed to be made and carried out by the parties interested in the land so agreed to be sold other than the said trustees or trustee and under whatever contracts terms stipulations or conditions such sale may have been agreed to be made or carried out if the carrying out and completing of such sale shall in the abso- lute discretion of the said trustees or trustee appear proper. 3. It shall be lawful for the said trustees or trustee for the time Power to join in being of the said will of the said Aleander Charles Hanson to execute <=oi"'eyance. and do and to join and concur with any proper or necessary parties in executing and doing any deed instrument or thing for effectuating any sale hereby authorized and vesting in any purchaser or purchasers the said real estate or any part or parts of the same. 4. Upon the execution by the said trustees or trustee for the time Estatesconveyed being of the said will of the said Aleander Charles Hanson of any J,',^fg^g^g" '^"'" conveyance of land sold under the power in that behalf hereby con- ferred the person or persons to whom the same shall be conveyed -shall so ,far as concerns the estate and interest therein of the said Aleander Charles Hanson and the said trustees or trustee and the persons beneficially entitled under the will of the said Aleander Charles Hanson have the same estate as if such conveyance had been executed by the said Aleander Charles Hanson in his life time or as if the said trustees or trustee had a now immediate power of sale. 542 HAETLET KEEOSENE OIL AND PAEAEFINE COMPANY. Direction to invest. 39 VicTOEiA. 5. The said trustees or trustee for the time being of the said will of the said Alcander Charles Hanson shall invest their proportion of the net moneys arising from every such sale or sales after payment of all the expenses of and attendant upon the same in and upon such securities as are authorized by the said will of the said Alcander Charles Hanson and with power to vary any such investment as in the said will declared and the said trustees or trustee shall stand possessed of the securities in or into which the said moneys shall be invested or transposed upon the same trusts as are declared in the said will of the said Alcander Charles Hanson with respect to his trust' estate therein mentioned. 6. The receipts for the purchase moneys of any property hereby authorized to be sold in which the said trustees or trustee of the said will of the said Alcander Charles Hanson shall join shall effectually discharge the person or persons paying the same therefrom so far as concerns the share and proportion of the said trustees or trustee and the persons beneficially interested under the said will of the said Alcander Charles Hanson and from being bound to see to the applica- tion or being answerable for the loss or misapplication thereof so far as concerns such share and proportion as aforesaid. Short title. 7. This Act may be cited as the " Hanson's Trust Act 1876." Receipt clause. HAETLEY KEROSENE OIL AND PARAPEINE COMPANY. 30VICTOEIA. An Act to incorporate the Hartley Kerosene Oil and Parafl&ne Company Limited. [6 November, 1866.] Preamble. \ITHEEEAS a joint stock Company called "The Kerosene Oil and Vt Paraffine Company Limited" 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 settle- ment bearing date the thirty-first day of July one thousand eight hundred and sixty-five purporting to be the deed of settlement of the said Company And whereas by the said deed of settlement the several parties thereto have respectively and mutually covenanted and agreed that they whilst holding shares in the capital of the said Com- pany should become remain and continue until dissolved under the provisions in that behalf therein contained a joint stock Company for the express object of carrying on the business thereof under the name style and title of " The Hartley Kerosene Oil and Paraf&ne Company Limited" for the purpose of working or contracting for the working of the mines of the said Company whether coal shale or bituminous mineral and all other the lodes veins and strata of metalUo or other ores and minerals upon or under the surface of certaiu lands and hereditaments in the said deed of settlement mentioned and such other lands and hereditaments as might be thereafter purchased or taken on lease or license by the said Company under the provisions of the said deed of settlement and also for the purpose of extracting the oils naphtha benzole paraifine and all other products obtainable from the said coal shale or other minerals and of refining such oils and of erecting all such machinery as might be necessary for that purpose and also if deemed advisable to carry on the business of sulphuric acid HARTLEY KEEOSENE OIL AND PAEAPPINE COMPANY, 54,3 manufacturers or to manufacture all such other products as might 30 Victoria. he necessary in their business and calling of manufacturers of oil and other products ohtainahle from the said coal and other minerals and to lease or sell any such lands and to construct railways roads and wharves and to do all other matters necessary for the promotion of the objects of the said Company and to purchase any metallic ores or minerals and to make advances on deposit or consignment thereof and to wash stamp or otherwise render merchantable the ores and minerals so gotten purchased or obtained and to smelt and refine such ores and minerals and also to sell export or otherwise dispose of all or any such coal shale ores and other minerals in such con- dition in such market and generally in such manner and form as the board of directors of the said Company should think most beneficial to the interest of the said Company and also if deemed expedient to carry on the business of smelting or otherwise preparing for market any ores or minerals belonging to other persons or bodies upon such terms as should be deemed advisable And whereas it was by the said deed of settlement agreed that the capital of the Company should until increased under the provisions in the said deed of settlement contained consist of thirty thousand pounds sterling to be divided into thirty thousand shares of the amount of one pound each And whereas by the said deed of settlement provision has been made for the due management of the affairs of the said Company by certain directors and auditors already appointed and by other directors and auditors to be from time to time elected and appointed as their successors by the shareholders of the said Company And whereas the whole of the capital of thirty thousand pounds has been subscribed for And whereas the said Company is 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 following words and expressions in the Act shall have the interpretation several meanings hereby assigned to them unless there be something in ° ^"^*~ the subject or the context repugnant to such construction (that is to say)— The expression " the Company" shall mean the Company incor- The Company. porated by this Act. The expression "the directors" shall mean the board of directors The directors, of the Company duly appointed under the provisions of the deed of settlement of the Company. The word " shareholder" shall mean shareholder proprietor or shareholder. member of the Company. The expression "deed of settlement" shall mean the deed of settle- Deed of settle- ment of the Company and any addition to alteration or amend- ™™ ' ment thereof which maybe made in pursuance of the provisions thereof. 2. Such and so many persons as have already become or at any ^°^1^^^ '"™'^' time or times hereafter shall or may in the manner provided by and subject to the rules regulations and provisions contained in the said deed of settlement become holders of shares of or in the capital for the time being of the Company shall subject nevertheless to the con- ditions regulations and provisions hereinafter contained be one body 644 HAETLET KEROSENE OIL AND PAEAEEINE COMPANY. 30 VioTOEiA. politic and corporate by name and in deed by tlie name of " The Hartley Kerosene Oil and Paraffine Company Limited" and by that name shall and may grant and receive and shall and may sue and implead any person whether a member of the Company or not and may be sued and impleaded by any person whether a member of the Company or not in all Courts whatsoever at law or in equity and may prefer lay and prosecute any indictment information or prosecution against any person whomsoever whether a shareholder or not for any crime or offence whatsoever and in all indictments informations and prosecutions it shall be lawful to state the money goods effects bills notes securities or other property of whatsoever nature of the Company relative to which such indictment information or prosecution is pre- ferred laid or prosecuted to be the money goods effects bills notes securities or other property of the Company and generally to designate the Comj)any by its corporate name whenever for any purpose what- soever such designation shall be necessary and the Company shall have perpetual succession with a common seal which may be altered varied and changed from time to time at the pleasure of the Company. Deed of settle- 3. The several laws rules regulations clauses and agreements con- arfdciau^sesXa* taiucd in the said deed of settlement or to be made in pursuance therein to be tlie of the provisions for that purpose therein contained are and shall be timeTeing'of the the by-laws for the time being of the Company save and except in so Company. far as any of them are or shall or may be altered varied or repealed by or are or shall or may be inconsistent with or repugnant to any of the provisions of this Act or of any of the laws or statutes now or here- after to be in force in the said Colony subject nevertheless to be and the same may bs amended altered or repealed either wholly or in part in the manner provided by the said deed of settlement But no rule or by-law shall on any account or pretence whatsoever be made by the Company 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 the said deed of settlement or of this Act or of any of the laws or statutes in force in the said Colony. Evidence of by- 4. The production of a written or printed copy of the said deed ^™- of settlement or of any rules by-laws or regulations to be made in pursuance thereof or in pursuance of this Act having the common seal of the Company affixed thereto shall be sufficient evidence in every Court of civil or criminal jurisdiction of such deed of settle- ment or of such rules by-laws or regulations. General business 5. It shall be lawful for the Company subject to the restrictions of the Company, ^nd provisions herein and in the said deed of settlement contained to work or contract for the working of the present mines of the said Company whether coal shale or bituminous mineral and all other the lodes veins and strata of metallic or other ores and minerals upon or under the surface of the lands and hereditaments in the said deed of settlement mentioned and such other lands and hereditaments as may hereafter be purchased or taken on lease or license by the said Com- pany under the provisions hereinafter and in the said deed of settle- ment contained and also to extract the oils naphtha benzole paraffine and all other products obtainable from the said coal shale or other minerals and to refine such oil and to erect all such machinery as may be necessary for that purpose and also if deemed advisable to carry on the business of sulphuric acid manufacturers and to manufacture all such other products as may be necessary in their business and calling HAETLET KEROSENE OIL AND PAEAEEINE COMPANY. 54,5 of manufacturers of oil and other products obtainable from the said 30 Victoria. coal and other minerals and to construct railways roads and wharves and to do all other matters necessary for the promotion of the objects of the said Company and to purchase any metallic ores or minerals and to make advances on deposit or consignment thereof and to wash stamp or otherwise render merchantable the ores and minerals so gotten purchased or obtained and to smelt and refine such ores and minerals and also to sell export or otherwise dispose of all or any such coal shale ores and other minerals and the oils and other products thereof in such condition in such market and generally in such manner and form as the board of directors shall think most beneficial to the interests of the Company and also if deemed expedient to carry on the business of smelting or otherwise preparing for market any ores or minerals belonging to other persons or bodies upon such terms as shall be deemed advisable. 6. It shall be lawful for the Company notwithstanding any statute or Power to use cer- law to the contrary to keep and use any retorts stills or other apparatus ^™ app^'fa us. used and employed in the process of distillation for the purpose of retorting distilling manufacturing or refining mineral and other oils from coal shale or other bituminous mineral. 7. It shall be lawful for the Company notwithstanding any statute Power t° Fur- or law to the contrary to purchase take hold and enjoy to them and landa &c. their successors for any estate term of years or interest or under license any mineral or other lands mines houses offices buildings and hereditaments as may be necessary or proper for the purpose of managing conducting and carrying on the affairs concerns and business of the Company And to sell convey assign assure demise or otherwise dispose of or act in respect of such lands mines houses of&ces buildings and hereditaments as occasion may require. 8. It shall be lawful for any person who is competent so to do to Power to sell to grant sell alien and convey assign assure demise and dispose of unto '""p^"''' and to the use of the Company and their successors for the purposes aforesaid or any of them any such mineral or other lands mines houses offices buildings and hereditaments or to grant to the Company a license for working any such mineral or other lands mines and hereditaments. 9. It shall be lawful for the Company from time to time to extend increase of or increase its capital for the time being by the creation and disposal of <^P'**1- new shares in the manner specified in the said deed of settlement. 10. It shall be lawful for the directors from time to time as they Power to borrow shall see fit in the manner specified in the said deed of settlement to ™°°''y- make accept and endorse such promissory notes or bills of exchange on behalf of the Company for any purposes connected with the affair and business of the Company and the making accepting and indorsing of any such promissory notes or bills of exchange by the chairman of the Company or other person authorized in that behalf by the directors for and on behalf of the Company shall be binding against every share- holder and it shaU be also lawful for the directors on behalf of the Company to procure advances and to borrow money and to pay ofE and discharge such advances in the manner for the purposes and subject to the restrictions specified in the said deed of settlement. 11. All the land mines securities covenants debts moneys choses in Property at action and things at present vested in the trustees of the Company or f/„|j"gg j" any other person on behalf of the Company shall immediately after become vested in the passing of this Act become vested in the Company for the ^n""**'™- 2 M 546 HAETLET KEEOSENE OIL AND PAEAEEINE COMPANY. Act not to prejudice any contract &c. already entered into. Shares to be personal estate. Transfer of shares to be by deed. 30 Victoria, same estate and interest and with the like powers and authorities as the same are now vested in the said trustees or other person without any assignment or conveyance whatever. 12. Nothing in this Act contained shall prejudice or be construed to prejudice any call made or any contract or other act deed matter or thing entered into made or done by the Company or by any person on behalf of the Company under or by virtue of the said deed of settle- ment before this Act shall come into operation but the same call contract act deed matter or thing shall be as valid and effectual to aU intents and purposes and may be enforced in like manner as if the Company had been incorporated before the same call contract act deed matter or thing had been made entered into or done. 13. The shares in the capital of the Company and all the funds and property of the Company and all shares therein shall be personal estate and transmissible as such subject to the restrictions for that purpose contained in the said deed of settlement and shall not be of the nature of real estate. 14. Subject to the restrictions for this purpose in the said deed of settlement contained every shareholder may sell and transfer all or any of his shares in the capital of the Company (but not a fractional part of a share) and every such transfer shall be by deed and according to a form to be approved of by the directors and the transferee of such shares shall so soon as he has complied vsdth the jDrovisions relative to the transfer of shares contained in the said deed of settlement become a shareholder in respect of the same shares in every respect. 15. The Company shall not be bound to notice or see to the execu- tion of any trust whether express implied or constructive to which any share may be subject and the receipt of the party in whose name any such share shall stand in the books of the Company or if it stands in the name of more parties than one the receipt of one of the parties named in the Shareholders' Eegister Book hereinafter mentioned shall from time to time be a sufficient discharge to the Company for any dividend or other sum of money payable in respect of such share not- withstanding any trust to which such share may then be subject and notwithstanding the Company have had notice of such trusts and the Company shall not be bound to see to the application of the money paid upon such receipt. 16. In case the assignees of any insolvent shareholder shall elect to accept the shares of such insolvent or in case the trustees of any estate assigned for the beneiit of creditors shall elect to accept the shares belonging to such assigned estate such assignees or trustees shall forthmth nominate some other person to become a proprietor in respect of such shares such nominee to be subject to the approval of the directors But in no case shall such assignees be themselves entitled to become shareholders in respect of the shares of any insol- vent shareholder nor shall such trustees be themselves entitled to become shareholders in respect of the shares belonging to any estate assigned for the benefit of creditors. 17. In any action or suit to be brought by the Company against any shareholder to recover the money due for any call made by virtue of this Act or of the said deed of settlement it shall not be necessary to set forth the special matter but it shall be sufficient for the Company to declare that the defendant is the holder of one share or more in the , Company not bound to regard trusts. The assignee of insolvent share holder and the trustees of as- signed estates to nominate some person to become proprie- tor in respect of shares of such insolvent or as- signed estate. Declaration in action for calls. HAETLET KEEOSENE OIL AND PAEAEPINE COMPANY. 547 capital of the Company (stating the numher of shares) and is indebted 30 Victoria, to the Company in the sum to which the calls in arrear shall amount ia respect of one call or more upon one share or more (stating the number and amount of each of such calls) whereby an action hath accrued to the Company. 18. On the trial or hearing of such action or suit it shall be suffi- Matter to be cient to prove that the defendant at the time of making such call ^ calls." *' was a holder of one share or more in the capital of the Company and that such call was in fact made and such notice thereof given as is provided for that purpose in the said deed of settlement and it shall not be necessary to prove the appointment of the directors who made such call or any other matter whatsoever and thereupon the Company shall be entitled to recover what shall be due upon such caU. with interest thereon. 19. The Company shall keep a book to be called "The Shareholders' Registry of Eegister Book " and in such book shall be fairly and distinctly entered ^ *''^'>°''^^''5- from time to time the najnes and addresses of the several persons entitled to shares in the Company together with the number of shares to which such shareholders shall be respectively entitled. 20. The production of the Shareholders' Register Book shall be Shareholders" admitted in all Courts of civil and criminal jurisdiction as 'prima facie to^be^evMence. evidence of the person named therein as a shareholder being such shareholder and of the number of his shares and every shareholder or other person having a judgment at law or a decree in equity against the Company may at all convenient times peruse the Shareholders' Eegister Book gratis and may require a copy thereof or any part thereof and for every one hundred words so required to be copied the Company may demand a sum not exceeding one shilling. 21. In every case dividends or bonuses shall be declared and paid Dividend to be out of the net gains and profits of the Company and not out of the only.'™™ ^"^'^ capital for the time being of the Company or any portion thereof. 22. If any execution either at law or in equity shall be or shall have Execution been issued against the property or effects of the Company and if SeS.^''*"' there cannot be found after due diligence sufficient whereon to levy such execution then such execution may be issued against any of the shareholders for the time being or any former shareholder until such execution shall be fully satisfied Provided that no such execution shall be issued against any shareholder or former shareholder for any amount beyond the sum due by such shareholder in respect of the amount subscribed for and unpaid by him Provided always that no such execution shall issue against any such shareholder or former share- holder except upon an 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 in writing to the person sought to be charged and upon such motion such Court may order execution to issue accordingly Provided farther that in case of execution against any former shareholder it shall be shown that such former shareholder was a shareholder of the Company at the time when the contract or engagement was entered into for breach of which contract or engagement such execution shall have issued or become a shareholder during the time such contract or engagement was unexecuted or unsatisfied or was a shareholder at the time the. 548 HAETLET KEEOSENE OIL AND PAEAEFINE COMPANY. Reimbursement of shareholders. Execution against share- holders for con- tributions. 30 ViCTOBiA. judgment or decree was obtained upon whicli judgment or decree such execution shall have issued Provided also that in no case shall such execution be issued againt the person property or effects of any former shareholder after the expiration of one year after the person sought to be charged shall have ceased to be a shareholder of the Company. 23. Every shareholder against whom or against whose property or effects execution upon any judgment decree or order obtained aa aforesaid shall have been issued as aforesaid shall be entitled to recover against the Company all loss damages costs and chargea which such shareholder may have incurred by reason of such execu- tion and that after due diligence used to obtain satisfaction thereof against the property and effects of the Company such shareholder shall be entitled to contribution for so much of such loss damages, costs and charges as shall remain unsatisfied from the several other shareholders against whom execution upon such judgment decree or order obtained against the Company might also have been issued under the provision in that behalf aforesaid -and that such contribution may be recovered from such shareholders as aforesaid in like manner as contribution in ordinary cases of copartnership. 21. In the cases provided by this Act for execution or any judg- ment decree or order in any action or suit against the Company to be issued against the person or against the property and effects of any shareholder or former shareholder of the Company or against the property and effects of the Company at the suit of any shareholder or former shareholder in satisfaction of any money damages costs and expenses paid or incurred by him as aforesaid in any action or suit against the Company such execution may be issued by leave of the Court or of a Judge of the Court in which such judgment decree or order shall have been obtained upon motion or summons for a rule to show cause or other motion or summons consistent with the practice of the Court without any suggestion or scire facias in that behalf And that it shall be lawful for such Court or Judge to make absolute or discharge such rule or allow or dismiss such motion (as the case may be) and to direct the costs of the application to be paid by either party or to make such other order therein as to such Court or Judge shall seem fit and in such cases such forms of writs of execution shall be sued out of the Courts of law and equity respectively for giving effect to the provisions in that behalf aforesaid as the Judges of such Courts respectively shall from time to time think fit to order and the execution of such writs shall be enforced in like manner as writs of execution are now enforced Provided that a,ny order made by a Judge as aforesaid may be discharged or varied by the Court on application made thereto by either party dissatisfied with such order Provided also that no such motion shall be made nor summons granted for the purpose of charging any shareholder or former shareholder until ten days' notice thereof shall have been given to the person sought to be charged thereby. 25. Each shareholder in the said Company for the time being shall be liable to contribute to the assets of the Company or to meet its liabilities to an amount not exceeding the amount of the shares held by him or her and no shareholder shall at any time be liable with respect to the transactions or liabilities of the Company beyond such amount. Liability of shareholders. HARTLEY VALE COLLIEET EAILWAT. 549 26. In all cases in which by any Act of Parliament or of the Colonial 30 Victoeia. Legislature or by any rule or order or practice of the Supreme Power to Court or any other Court now or hereafter to be in force in this oac^^t^°i°^^^''. Colony the plaintiff complainant or defendant in any action suit or tain acta. other proceeding civil criminal or otherwise or any creditor of an insolvent estate or any person being a party to or interested in any process or proceeding whatsoever is or shall be authorized empowered or required to make any affidavit deposition or information or to sign or present any petition or to do any other act it shall be lawful and competent for the manager or other officer or agent of the Company (where such Company shall be such plaintiff complainant defendant or creditor or be a party to or otherwise interested in any process or proceeding whatsoever as aforesaid) for and on behalf of the Company to make any such affidavit deposition or information sign present any such petition or do any such other act as aforesaid. 27. The directors for the time being shall have the custody of the custody and use common seal of the Company and the form thereof and all other °^ '=°'^p°"'** seal, matters relating thereto shall from time to time be determined by the directors in the same manner as is provided by the said deed of settlement for the determination of other matters by the directors And the directors present at a board of directors of the Company ehall have power to use such common seal or authorize the same to be used for the affairs and concerns of the Company and under such seal to authorize and empower any person without such seal to execute any deeds and do all or any such other matters and things as may be required to be executed and done on behalf of the Company in con- formity with the provisions of the said deed of settlement and of this Act But it shall not be necessary to use the corporate seal in respect of any of the ordinary business of the Company or for the appoint- ment of an attorney or solicitor for the prosecution or defence of any action suit or proceeding or of any officer or servant of the Company And such seal may be affixed to any deed or document by the hand of any person whom the directors shall appoint in that behalf and the affixing thereof shall be attested by at least one director and such person so appointed. 28. In citing this Act in other Acts of Parliament and in legal short title of instruments it shall be sufficient to use the expression " The Hartley ■*^'='- Xerosene Oil and Paraffine Company's Incorporation Act 1866." HARTLEY YALE COLLIERY RAILWAY. An Act to enable James Brown Alexander Brown and 31 viciobia. Stephen Foyle to construct a Railway from cer- tain collieries near Newcastle to and to connect the same with the Great Northern Railway. [23 December, 1867.] ^'^ WHEEEAS James Brown Alexander Brown and Stephen Eoyle Preamble, hereinafter designated the promoters have opened coal mines and established collieries on certain lands situate near Newcastle in the county of Northumberland and in order to facilitate communication between the same and the G-reat Northern Railway are desirous of (a) Vide Waratah Coal Company (Railway Extension) Act of 1875, 38 Vic. 550 HAETLET VALE COLLIEET EAILWAT. • 31 Victoria, constructing certain railways that is to say a railway from the said coal mines and collieries to the said Great Northern Eailway from the northern boundary of James Brown and Alexander Brown's three hundred and twenty acres (situate in the parish of Newcastle) and passing in a north-easterly direction through Crown lands thence through fifty -four and three hundred and ten acres leased to the said James Brown and Alexander Brown and known as the Hartley Vale Colliery thence through Crown land thence through land sold by the Crown to the late Henry Dangar and now belonging or supposed to belong to his representatives thence through a portion of the Australian Agricultural Company's land to the G-reat Northern Eailway inter- secting the same at a point terminating two miles seventy-eight chains or thereabouts from the city of Newcastle and at such termination to effect a junction to and with the said Great Northern Eailway And also a branch line from the line above described commencing at the northern boundary line of the said three hundred and ten acres and running south-westerly through a portion of the said three hundred and ten acres and thence continuing through James and Alexander Brown's two hundred and eighty acres to the western boundary thereof And whereas the said coal mines and collieries are likely to prove beneficial to the Colony and the public are concerned in promoting such an increase in and facilities for the supply of coal for local con- sumption steam navigation and export as would result from the con- struction of the said proposed railway and the traffic on the Great Northern Eailway would be increased thereby it is therefore desirable to authorize by legislative enactment the construction of the said railway subject to the provisions hereinafter contained upon payment of compensation to the several parties through whose lands the same shall pass for such portions of their respective lands as may be required to be occupied thereby 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. It shall be lawful for the promoters to make and construct the following railway that is to say to make and construct a railway from the northern boundary of James Brown and Alexander Brown's three hundred and twenty acres (situate in the parish of Newcastle) and passing in a north-easterly direction through Crown lands thence through fifty-four and three hundred and ten acres leased to the said James Brown and Alexander Brown and known as the Hartley Vale Colliery thence through Crown lands thence through land sold by the Crown to the late Henry Dangar and now belonging or supposed to belong to his representatives thence through a portion of the Australian Agricultural Company's land to the G-reat Northern rail- way intersecting the same at a point terminating two miles seventy- eight chains or thereabouts from the city of Newcastle and at such termination to effect a junction to and with the said G-reat Northern Eailway And also a branch line from the line above described commencing at the northern boundary line of the said three hun- dred and ten acres and running south-westerly through a portion of the said three hundred and ten acres and thence continuing through James and Alexander Brown's two hundred and eighty acres to the western boundary thereof Provided that the said junction herein- before authorized shall be effected in accordance with section ninety- nine of the Q-ovemment Eailways Act of 1858 and that the said Authority to construct rail HAETLET VALE COLLIEET EAILWAT. 551 railway by this Act authorized to be constructed shall be the line 31 Viotoeia. described in the Schedule hereto but so that the said railway shall not occupy a greater space in breadth than two chains excepting the portions at and about the C and D pits where for a length of thirty chains at each pit the breadth may be five chains and provided also that the said railway shall be constructed and brought into use within the term of six years from the passing of this Act and that the pro- moters in constructing and connecting the same with the Great Northern Eailway shall do so in a proper and workmanlike manner and shall repair all damage caused by so doing. 2. Such land as shall be taken under the provisions of this Act for Site of railway the purpose of the said railway together with such right of ingress f„tjie promoters egress and regress upon the adjacent land as may be necessary for the without con- making and repair thereof shall be vested by virtue of this Act and ™y™°^' without the necessity of any conveyance in the promoters for the purpose of the said railways Provided that no lands vested in the Commissioner for Railways shall by virtue of this Act be vested in the promoters Provided also that nothing herein contained shall prevent the said owners from carrying on any mining operations beneath the said railways which shall not interfere with the safety of the said road and the traffic thereon and the promoters shall have no further right to the son of the said lands beneath the surface than shall be requisite for the formation and repair of the said road by cutting embanking or otherwise and also that the promoters shall at all times keep open to the satisfaction of the Minister for Lands proper communications for the passage of cattle and other live stock between the portions of the Newcastle Town Pasturage Reserve severed by the said railway Pro- vided also that if in the exercise of the powers hereby granted it be found necessary to cross cut through raise sink or use any part of any road whether carriage road or horse road so as to render it impassable for or dangerous or inconvenient to the persons entitled to the use thereof the promoters shall before the commencement of any such operations cause a sufficient road to be made instead of any road inter- fered with and shall at their own expense maintain such substituted road in a state as convenient as the road interfered with or as nearly as may be and the promoters before they use the said lands of the said owners of land respectively and the said Crown land for any of the purposes aforesaid shall if required so to do separate the same by a sufficient fence from the land adjoining thereto with such gates as may be required for the convenient occupation of such land and shall also to all private roads used by them as aforesaid put up fences and gates in like manner in all cases where the same may be necessary to prevent the straying of cattle from or upon the lands traversed by such roads and in case of any difference between the owners or occupiers of such roads and lands and the promoters as to the necessity for such fences and gates such fences and gates shall be put up by the promoters as any two Justices of the Peace shall deem necessary for the purposes aforesaid on application being made to them. 3. The railways and locomotives shall be open to public use upon Railway open to payment of a toll to the promoters of three-pence per ton per mile "'^ p"Wio. the party seeking transit supplying and loading his own trucks or wag- gons and all trucks when emptied shall be conveyed on their return free of cost. 4. And be it enacted that it shall be lawful for the owners or occu- Branch rail- piers of the lands traversed by the said railway to lay down upon ™''^- 552 HAETLET VALE COLLIEET RAILWAY. 31 VicTOKiA, their own lands any collateral branches of railway to communicate with the said railway for the purpose of bringing carriages to or from or upon the said railway and the promoters shall if required at the ex- pense of such owners or occupiers make openings in the rails and such additional lines of railway as may be necessary for effecting such communication in places where the communication can be made with safety to the public and without injury to the said railway and with- out inconvenience to the traffic thereupon and the promoters shall not take any rate or toll or other moneys for the passing of any passengers goods or other things along any branch so to be made by any such owner or occupier or other person but this enactment shall be subject to the following restrictions and conditions (that is to say) — ■ Wo such railway shall run parallel to the said railway the pro- moters shall not be bound to make any such openings in any place which they shall have set apart for any specific purpose with which such communication would interfere nor upon any incliaed plane exceeding one in fifty or bridge nor in any tunnel The persons making or using such branch railways shall be sub- ject to all by-laws and regulations of the promoters from time to time made with respect to passing upon or crossing the railway and otherwise and the persons making or using such branch railways shall be bound to construct and from time to time as need may require to renew the off- set jplates and switches according to the most approved plan adopted by the promoters under the direction of their engineer. 5. Por the purposes and subject to the provisions hereinafter con- tained it shall be lawful for the promoters their deputies agents ser- vants and workmen and all other persons by them authorized and em- powered to divert or alter the course of any road or way crossing the railway or to raise or sink any road or way in order the more con- veniently to carry the same over or under or by the side of the railway. 6. If the promoters do not cause another sufficient road to be so made before they interfere with any such existing road as aforesaid they shall forfeit twenty pounds for every day during which such sub- stituted road shall not be made after the existing road shall have been interrupted and such penalty shall be paid to the trustees commis- sioners surveyor or other persons having the management of such road if a public road and shall be applied for the purposes thereof or in case of a private road the same shall be paid to the owner thereof and every such penalty shall be recoverable with costs by action in the Supreme Court. 7. If in the course of making the railway the promoters shall use or interfere with any road they shall from time to time make good all damages done by them to such road and if any question shall arise as to the damage done to any such road by the promoters or as to the repair thereof by them such question shall be referred to the deter- mination of two Justices and such Justices may direct such repairs to be made in the state of such road in resjiect of damage done by pro- moters and within such period as they may think reasonable and may impose on the promoters for not carrying into effect such repairs any penalty not exceeding ten pounds per day as to such Justices shall seem fit and any such penalty shall be paid to the surveyor or other Power fo divert or alter roads. Penalty for not substituting a ruad. Boad repairs. HARTLEY VALE COLLIERY RAILWAY. 553 person having tlie management of the road interfered with by the pro- 31 Victoria. meters if a public road and be applied for the purposes of such road or if a private road the same shall be paid to the owner thereof Pro- vided always the said Justices shall have regard to and shall make full allowance for any tolls that may have been paid by the promoters on such road in the course of the using thereof. 8. If the line of railway cross any public highway or parish road ^Jngf^cted'^ then either such road shall be carried over the railway or the railway where railway shall be carried over such road by means of a bridge of the height and "^^^^^^ highway, width and with the ascent or descent by this Act in that behalf here- inafter provided And such bridge with the immediate approaches and all other necessary works connected therewith shall be executed by and be at all times thereafter maintained at the expense of the promoters Provided that with the consent of the G-overnor with the advice of the Executive Council it shall be lavpful for the promoters to carry the railway across any highway on the level. 9. Until the promoters shall have made the bridges or other proper Owners ciosaing. communications which they shall under the provisions herein con- tained' have been required to make between lands intersected by the railway and no longer the owners and occupiers of such lands and any other persons whose right-of-way shall be affected by the want of such communications and their respective servants may at all times freely pass and repass with carriages horses and other animals directly but not otherwise across any part of the railway made in or through their respective lands solely for the purpose of occupying the same lands or for the exercise of such right-of-way and so as not to obstruct the passage along the railway or to damage the same nevertheless if the owner or occupier of any such lands have in his arrangements with the promoters received or agreed to receive compensation for or on account of any such communications instead of the same being formed such owner or occupier or those claiming under him shall not be entitled so to cross the railway. 10. If the railway cross any public highway or parish road on a Prorfsionsin level the promoters shall erect and at all times maintain good and roads are crossed sufficient gates across such road on each side of the railway where the °° » '<^™'- same shall communicate therewith and shall employ proper persons to open and shut such gates and such gates shall be kept constantly closed across such roads on both sides of the railway except during .^ the time when horses cattle carts or carriages passing along the same shall have to cross such railway and such gates shall be of such dimensions and so constructed as when closed to fence in the railway and prevent cattle or horses passing along the road from entering upon the railway and the person entrusted with the care of such gates shall cause the same to be closed as soon as such horses cattle carts or carriages shall have passed through the same under a penalty of forty shillings for every default therein Provided always that it shall be lawful for the Secretary for Public "Works in any case in which he shall be satisfied that it will be more conducive to the public safety that the gate on any level crossing over any such road shall be kept closed across the railway to order that such gates shall be kept so closed instead of across the road and in such case such gates shall be kept constantly closed across the railway except when engines or carriages passing along the railway shall have occasion to cross such road in the same manner and under the like penalty as above directed ■with respect to the gates being kept closed across the road. 554 HAETLET VALE COLLIEET RAILWAY. 31 ViCTOKIA. Power to enter upon adjoining lands to repair accidents subject to certain res- trictions. Construction of bridges over roads. Construction of bridges over railroad. 11. In case of accidents or slips happening or being apprehended to the cuttings embankments or other works of the said railway it shall be lawful for the promoters and their workmen and servants to enter upon the land adjoining thereto at any time whatsoever for the purpose of repairing or preventing such accidents and to do such works as may be necessary for the purpose but in every such case the pro- moters shall within forty-eight hours after such entry make a report to the Secretary for Public Worts specifying the nature of such accident or apprehended accident of the works necessary to be done and such powers shall cease and determine if the said Secretary shall after con- sidering the said report certify that their exercise is not necessary for the public safety Provided also that such works shall be as little injurious to the said adjoining lands as the nature of the accident or apprehended accident will admit of and shall be executed with all possible dispatch and full compensation shall be made to the owner and occupier of such lands for the loss or injury or inconvenience sustained by them respectively by reason of such works the amount of which compensation in case of any dispute about the same shall be settled by arbitrators in the manner hereinafter mentioned And provided also that no land shall be taken permanently for any such works otherwise than is herein provided with respect to the lands originally taken for the purpose of making the said railway. 12. Every bridge to be erected for the purpose of carrying the railway over any road shall be built in conformity with the following regula- tions (that is to say) — The width of the arch shall be such as to ' leave thereunder a clear space of not less than thirty feet if the arch be over a public highway and of twenty feet if over a parish road and of twelve feet if over a private road The clear height of the arch from the surface of the road shall not be less than sixteen feet for the space of twelve feet if the arch be over a turnpike road and fifteen feet for the space of ten feet if over a public carriage road and in each of such cases the clear height at the springing of the arch shall not be less than twelve feet the clear height of the arch for a space of nine feet shall not be less than fourteen feet over a private road The descent made in the road in order to carry the same under the bridge shall not be more than one foot in thirty feet if the bridge be over a public highway one foot in twenty feet if over a parish road and one foot in sixteen if over a private road not being a tramroad or railroad or if the same be a tramroad or railroad the descent shall not be greater than the ruling gradient of such tramroad or railroad. 13. Every bridge erected for carrying any road over the railway shall be built in conformity with the following regulations (that is to say) — There shall be a good and sufficient fence on each side of the bridge of not less height than four feet and on each side of the immediate approaches of such bridge of not less than three feet The road over the bridge shall have a clear space between the fence thereof of thirty-five feet if the road be a public highway and twenty-five feet if a parish road and twelve feet if a private roaid HAETLET YALE COLLIEET EAILWAT. 555 The ascent shall not be more than one foot in thirty feet if the 31 Victoria. road be a turnpike road one foot in twenty feet if a parish road and one foot in sixteen feet if a private road not being a tramroad or railroad or if the same be a tramroad or railroad the ascent shall not be greater than the ruling gradient of such tramroad or railroad. 14. Provided always that in all cases when the average available The width of the width for the passing of carriages of any existing road within fifty Sc'lldthf'^dth yards of the points of crossing the same is less than the width herein- °i the road in before prescribed for bridges over or under the railway the width "^'^"^ '^^' of such bridges need not be greater than such average available width of such roads but so nevertheless that such bridges be not of less width in case of a public highway or parish road than twenty feet Provided also that if at any time after the construction of the railway the average available width of any such road shall be increased beyond the width of such bridge on either side thereof the promoters shall be bound at their own expense to increase the width of the said bridge to such extent as they may be required by the trustees or surveyors of such road not exceeding the width of such road as so widened or the maximum width herein prescribed for a bridge in the like case over or under the railway. 15. Provided also that if the mesne inclination of any road within E]dsting inciina- two hundred and fifty yards of the point of crossing the same or crossedoT^^ the inclination of such portion of any road as may be required to diverted need be altered or for which another road shall be substituted shall be ""* e improve , steeper than the inclination hereinbefore required to be preserved by the promoters then the promoters may carry any such road over or under the railway or may construct such altered or substituted road at an inclination not steeper than the mesne inclination of the road so to be crossed or of the road so requiring to be altered or for which another road shall be substituted. 16. The promoters shall make and at all times thereafter maintain woricstorheneflt the following works for the accommodation of the ovmers and occu- °* owns™. piers of lands adjoining the railway (that is to say) — Such and so many convenient gates bridges arches culverts and Gates bridges &c. passages over under or by the sides of or leading to or from the railway as shall be necessary for the purpose of making good any interruptions caused by the railway to the use of the lands through which the railway shall be made and such works shall be made forthwith after the part of the railway passing over such lands shall have been laid out or formed or during the formation thereof All sufficient posts rails hedges ditches mounds or other fences Fences. for separating the land taken for the use of the raUway from the adjoining lands not taken and protecting such lands from trespass or the cattle of the owners or occupiers thereof from straying thereon by reason of the railway together with all necessary gates made to open towards such adjoining lands and not towards the railway and all necessary stiLes and such posts rails and other fences shall be made forthwith after the taking of any such lands if the owners thereof shall so require and the said other works as soon as conveniently may be 556 HARTLEY YALE COLLIERY RAILWAY. 31 Victoria. Drains. Watering-placef Penalty on per- Bons omitting to fasten gates. Minerals not to pass. Compensation clause. Appointment of arbitrators. Also all necessary arches tunnels culverts drains or other passages either over or under or by the sides of the railway of such dimensions as will be sufiicient at all times to convey the water as clearly from the lands lying near or affected by the railway as before the making of the railway or as nearly so as may be and such works shall be made from time to time as the railway works proceed Also proper watering-places for cattle or compensation in lieu thereof where by reason of the railway the cattle of any person occupying any lands lying near thereto shall be deprived of access to their former watering-places and such watering-places shall be so made as to be at all times sufficiently supplied with water as theretofore and as if the railway had not been made or as nearly so as may be and the said promoters shall make all necessary water-courses and drains for the purpose of conveying water to the said watering-places Provided always that the promoters shall not be required to make such accommodation works in such a manner as would prevent or obstruct the working or using of the railway nor to make any accommodation works with respect to which the owners and occupiers of the lands shall have agreed to receive and shall have been paid compensation instead of the making them. 17. If any person omit to shut and fasten any gate set up at either side of the railway for the accommodation of the owners or occupiers of the adjoining lands so soon as he and the carriage cattle or other animals under his care have passed through the same he shall forfeit for every such offence any sum not exceeding ten pounds. 18. The promoters shall not be entitled to any mines of coal iron- stone slate or other minerals under any land whereof the surface is vested in them by virtue of this Act except only such parts thereof as shall be necessary to be dug or carried away in the construction of the works hereby authorized and such mines shall not be deemed to vest in the said promoters. 19. If within twenty-eight days after the passing of this Act the said persons through whose lands the railway shall pass or any of them and the promoters shall not agree as to the amount of com- pensation to be paid by them for the said lands belonging to the said parties or any of them or for any damage that may be sustained by them or him by reason of the execution of the works or if any other question as to compensation shall arise under this Act the amount of such compensation shall be settled by arbitrators in manner hereinafter mentioned (that is to say) — unless both parties shall concur in the appointment of a single arbitrator each party on the request of the other party shall nominate and appoint an arbitrator to whom such dispute or other matter shall be referred and every appointment of an arbitrator shall be under the hand of such party and such appointment shall be delivered to the arbitrator or arbitrators and shall be deemed a sub- mission to arbitration on the part of the party by whom the same shall be made and after any such appointment shall have been made neither party shall have power to revoke the same without the consent of the other nor shall the death of either party operate as a revocation and if for the space of fourteen days after any such dispute or other matter shall have arisen and after a request in writing shall have been served HAIITLET YALE COLLIEET EAILWAT. 557 ty the one party on the other party to appoiiit an arbitrator such last- 31 Victokia. mentioned party fail to appoint such arbitrator then upon such failure it shall be lawful for the Attorney Q-eneral for the time being of the said Colony on the application of the party who has himself appointed an arbitrator to appoint such arbitrator to act on behalf of both parties and such arbitrator may proceed to hear and determine the matters which shall be in dispute and in such case the award or determination of such single arbitrator shall be final and conclusive. 20. If before the matter so referred shall be determined any arbi- Vacancy of trator appointed by either party shall die or become incapable or be^'suppUed!" refuse or for fourteen days neglect to act as arbitrator the party by whom such arbitrator was appointed may nominate and appoint in writing some other person to act in his place and if for the space of seven days after notice in \^'riting from the other party for that purpose he fail to do so the remaining or other arbitrators may proceed alone and every arbitrator so to be substituted as aforesaid shall have the same powers and authorities as were vested in the former arbitrator at the time of such his death refusal neglect or disability as aforesaid. 21. "Where more than one arbitrator shall have been appointed Appointment of such arbitrators shall before they enter upon the matters referred to ^^p"^' them nominate and appoint by writing under their hands an umpire to decide any matters on which they shall differ or which shall be referred to them under the provisions of this Act and if such umpire shall die or refuse or for seven days neglect to act after being called upon to do so by the arbitrators they shall forthwith after such death refusal or neglect appoint another umpire in his place and the decision of every such umpire on the matters so referred to him shall be final. 22. If in either of the cases aforesaid the arbitrators shall refuse or Attorney Gere- for seven days after request of either party to such arbitration neglect umptre'on"'' to appoint an umpire it shall be lawful for tlie Attorney General neglect. for the time being on the application of either party to such arbitration to appoint an umpire and the decision of such umpire on the matters on which the arbitrators shall differ or which shall be referred to him under this Act shall be final. 23. If when a single arbitrator shall have been appointed such in case of death arbitrator shall die or become incapable or shall refuse or for fourteen trato'r'thematter days neglect to act before he shall have made his award the matters to begin de nom. referred to him shall be determined by arbitration under the provisions of this Act iu the same manner as if such arbitrator had not been appointed. 24. If where more than one arbitrator shall have been appointed either h either arbitra- of the arbitrators shall refuse or for seven days neglect to act the other the othTr^to" '"^' arbitrator may proceed alone and the decision of such other arbitrator v^oceedexpwte. shall be as effectual as if he had been the single arbitrator appointed by both parties. 25. If when more than one arbitrator shall have been appointed if arbitrators and where neither of them shall refuse or neglect to act as aforesaid ^w"°ji™?itJ;*^^"^ such arbitrators shall fail to make their award within twenty-one days fv'™'-^:?"''.'''''''^ after the day on which the last of such arbitrators shall have been to the'umpire.^" appointed or within such extended time (if any) as shall have been appointed for that purpose by both of such arbitrators under their hands the matters referred to them shall be determined by the umpire to be appointed as aforesaid. 558 HAETLET VALE COLLIEET RAILWAY. 31 VioTOKiA. 26. The said arbitrators or their umpire may call for the production Powers of of any documents ia the possession or power of either party which arbitrators to they or he may think necessary for determining the question in dispute ' and may e:^amine the parties or their witnesses on oath and administer the oaths necessary for that purpose. Arbitrator or 27. Before any arbitrator or umpire shall enter into the consideration a"d^'iaration for °-^ ^^J matters referred to him he shall in the presence of a Justice faithful dis- of the Peace make and subscribe the following declaration (that is charge of duty. 4-„ A, B. Penalty for^ misconduct. Cost of arbitra- tion how to be borne. Award to be delivered to the promoters. Submission may be made a rule of Court. Proviso. Award not void through error in form. Compensation for temporary permanent or recurring injuries. I A. B. do solemnly and sincerely delare that I will faithfully and honestly and to the best of my skill and ability hear and determine the matters referred to me under the pro- visions of the Hartley Vale Colliery Railway Act 1867. Made and subscribed in 7 the presence of j And such declaration shall be annexed to the award when made and if any arbitrator or umpire having made such declaration shall wilfully act contrary thereto he shall be guilty of a misdemeanour. 28. All the costs of any such arbitration and incident thereto to be settled by the arbitrators shall be borne by the promoters unless the arbitrators shall award the same or a less sum than shall have been offered by the promoters in which case each party shall bear his own costs iacident to the arbitration and the cost of the arbitrators shall be borne by the parties in equal proportions unless the amount awarded shall be one-fourth less than the amount in which case the whole cost shall be paid by the claimant Provided that if either party shall be dissatisfied with the cost allowed by the arbitrators as afore- said the costs may be taxed by the Prothonotary or other proper officer of the Supreme Court and the amount allowed by such officer shall be the amount of costs to be paid. 29. The arbitrators shall deliver their award in writing to the pro- moters who shall retain the same and shall forthwith on demand at their own expense furnish a copy thereof to the other party and shall at all times on demand produce the said award and allow the same to be inspected or examined by such rparty or any person appointed by him for that purpose and the apiount awarded shall be paid within sixty days after the publication of such award. 30. The submission to any ,6uch arbitration may be made a rule of the Supreme Court on the application of either of the parties Provided always that it shall in the first instance have been agreed by both parties that the submission to the arbitration may be so made a rule of the Supreme Court. 31. No award made with respect to any question referred to arbitra- tion under the provisions of this Act shall be set aside for irregularity or error in matter of form. 32. The promoters shall make compensation and satisfaction to the said owners and occupiers the amount of such compensation and satisfaction to be ascertained and recovered in case of difference in the manner hereby provided for temporary permanent or recurring injury and all other damage loss costs charges and inconvenience which may in anywise be occasioned to the said owners or occupiers by the non- performance by the said promoters of any of the matters and things hereby required to be performed by them or otherwise. HAETLET VALE COLLIEET RAILWAY. 559 33. In every ease where tte promoters shall take temporary pos- 31 Victoeia. session of lands by virtue of the powers hereby granted it shall be compensation to incumbent on them within one month after their entry upon such ^ "*d^ '""^ lands upon being required so to do to pay to the occupier of the said occupation. lands the value of any crop or dressing that may be thereon as well as full compensation for any other damage of a temporary nature which he may sustain by reason of their so taking possession of their lands and they shall also from time to time during their occupation of the said lands pay half-yearly to such occupier or to the owner of the lands as the case may require a rent to be fixed by two Justices in case the parties differ and shall also within six months after the com- pletion of the railway pay to such owners and occupiers or deposit in the bank for the benefit of all parties interested as the case may require compensation for all permanent or other loss damage or injury that may have been sustained by them by reason of the exercise as regards the said lands of the powers hereby granted including the full value of all clay stone gravel sand and other things taken from such lands. 34. The following words and expressions ia this Act shall have the interpretation meaning hereby assigned to them unless there be something either in ''*'^^- the subject or context repugnant to such construction The word "promoters " shall mean the said James Brown Alexander Brown and Stephen Eoyle their representatives or assigns owners for the time being of the said coal-mines and collieries. The word " railways" shall mean the railways hereby authorized to be constructed and in citing this Act it shall be sufilcient to use the expression "The Hartley Vale Colliery Railway Act 1867 " The word " Justice " shall mean Justice of the Peace in and for the territory of New South "Wales and where any matter shall be authorized or required to be done by two Justices the expression " two Justices " shall mean two Justices assembled and acting together in Petty Sessions and where under the provisions of this Act any notice shall be required to be given to the owner of any land or where any act shall be authorized or required to be done with the consent of any such owner — the word "owner" shall be understood to mean any person or corporation who under the provisions of this Act would be able to sell land to the promoters. 35. This Act shall be deemed and taken to be a public Act and shall Act to be deemed be judicially taken notice of as such by the Judges of the Supreme ^ p"^''''° '^°'' Court of New South "Wales and by all other Judges Justices and others within the Colony of New South "Wales and its Dependencies without being specially pleaded. THE SCHEDULE HEREESTBEFOEE REFEERED TO. Commencing on the north boundary line of James and Alexander Brown's three hundred and twenty acres at a point sixteen chains west or thereabouts from the north-east comer and passing thence diagonally through the south-east portion of three hundred and twenty acres of Crown laud a length of twenty-eight chains or thereabouts thence through James and Alexander Brown's fifty-four acres a length of nine chains or thereabouts thence through James and Alexander Brown's three hundred and ten acres proceeding north-easterly and northerly passing C and D pits for a length of one hundred and ten chains or thereabouts thence into Crown lands being an allotment a length of seventeen chains or thereabouts thence into Crown land being another allotment crossing the road from Newcastle to Wallsend thence through the same allotment crossing a reserved road into a third Crown 560 HAWKESBIJEY BENEVOLENT SOCIETY. 31 Victoria, allotment passing diagonally through its north-west part into land belonging to the representatives of the late Henry Dangar at a point in the boundary of the said land nine chains or thereabouts from its south-west comer and through the said land curving to the north-east into the land of the Australian Agricultural Com- pany passing through it in an easterly direction a length of two chains or there- abouts until it meets the fence of the Great Northern Railway and terminating there at a point two miles and seventy-four chains or thereabouts from the city of Newcastle And also a branch line from the said Hartley Vale Colliery Railway commencing at the northern boundary line of the said three hundred and ten acres and running south-westerly through a portion of the said three hundred and ten acres thence continuing through James and Alexander Brown's two hundred and eighty acres to the western boundary thereof. HAWKESBUEY BENEVOLENT SOCIETY. 23 Victoria. An Act to amend the Hawkesbxiry Benevolent Society's Act of Incorporation. [19 June, I860.] '■'''> Preamble. 4 Vic. No. .3. s- 6 in part repealed. Society author- ized to hold lands other than grants from the Crown. Proviso. Act to be deemed a public Act. WHEEEAS an Act was passed by the Governor and Legislative Coiiucil of New South Wales in the fourth year of the reign of Her present Majesty intituled An Act to enable the Members of a certain Society in the Colony of New South Wales denominated The Hawkesbury Benevolent Society to sue and be sued in the name of their Treasurer and for other purposes therein mentioned And whereas by the sixth section of the said Act the said Society is disenabled from holding any estates in lands unless granted from the Crown except what may be absolutely required for the purpose of building a house or houses for .receiving the persons to be relieved by the said Society And whereas it is expedient to alter and amend the said sixth section of said Act 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. So much of the said sixth section of the said Act of Council as disenables the members of the said Society by and in the names of the trustees thereof to accept take and hold any estate or estates in lands tenements or hereditaments granted to them by any grantor or person but the Crown shall be and is hereby repealed. 2. It shall be lawful for the members of the said Society and they are hereby empowered by and in the name of the trustees thereof for the time being to accept take and hold any estate or estates in lands tenements or hereditaments conveyed or granted to them by any person or persons whomsoever either absolutely or upon mortgage or otherwise howsoever Provided that if the same be made without valuable consideration by deed or by will such deed or will be executed in the presence of two or more credible witnesses twelve calendar months at least before the death of such grantor testator or donor (including the days of the transfer and death). 3. That this Act shall be deemed and taken to be a public Act. {a) Vide 4 Vie. No. 3. 561 HELEY'S ESTATE. An Act to enable Edward Joseph Ruble and Thomas 46 Victobia. O'Connor the Trustees of the will of the late Michael Heley and the duly appointed committee of Albina Heley an insane patient and also the Trustees of a certain indenture of settleraent dated the twenty- sixth day of April one thousand eight hundred and seventy -five to sell certain lands and hereditaments in the Schedules A and B hereto described and to provide for the application of the proceeds of such sale and for other purposes therein mentioned. [27 April, 1883.] WHEREAS Ttomas Heley late of Sydney was at the time of liis Preamble, death seized in fee-simple of the lands and hereditaments in Schedule A hereto described and set forth And whereas the said Thomas Heley died on or about the twenty-ninth day of November one thousand eight hundred and sixty-seven intestate leaving him surviving his widow Mary Heley and five children and no more that is to say Mary Ann Ellen Eliza Albina and Michael Heley And whereas administration of the estate of the said Thomas Heley was duly granted by the Supreme Court of New South "Wales in its ecclesiastical jurisdiction to the said Michael Heley on the fifth day of February one thousand eight hundred and sixty-eight And whereas by divers conveyances and assurances in the law the said Mary Ann Ellen and Eliza Heley have duly conveyed granted and released all their right title and interest in the said lands and hereditaments as next of kin of the said Thomas Heley to the said Michael Heley absolutely And whereas the said Michael Heley thereupon became and at the time of his death still was entitled to four-fifths of the fee-simple of the said lands and hereditaments subject only to the right and claim of the said Mary Heley the widow of the said Thomas Heley as dowress as hereinafter mentioned And whereas the said Michael Heley duly made and executed his last will and testament in writing bearing date the third day of May one thousand eight hundred and sevenl^-nine whereby he devised and bequeathed all his property real and personal unto his children in equal shares and he appointed John Magner and Thomas O'Connor trustees and executors thereof And whereas the said testator died on the fourth day of May one thousand eight hundred and seventy-nine without having altered or revoked his said will and leaving him surviving two children and no more that is to say Mary Teresa and Ellen Clotilda Heley both infants And whereas probate of the said will was duly granted by the said Supreme Court in its ecclesiastical jurisdiction on the thirtieth day of June one thousand eight hundred and seventy-nine to the said executors therein named And whereas the said Albina Heley for the past eighteen years has been and now is an inmate of the Hospital for the Insane at G-lades- ville And whereas the said Albina Heley is entitled as one of the next of kin of the said Thomas Heley (subject only to the said right of her 2k 562 HELET'S ESTATE. 46 Victoria, motlier the said Mary Heley as dowress) to one-fifth of the fee-simple of the said lands and hereditaments And whereas by an order of the Supreme Court of New South Wales in its lunacy jurisdiction made the twentieth day of February one thousand eight hundred and eighty- three the said Albina Heley was duly declared to be a person of unsound mind and incapable of managing her affairs and Edward Joseph Eubie and the said Thomas O'Connor were thereby duly appointed the committee of her estate and leave was given to them as such com- mittee to apply to the Parliament of New South Wales for an Act to enable them to sell the said lands and hereditaments And whereas on the death of the said Thomas Heley his widow the said Mary Heley became entitled during her life-time to one-third of the rents and profits of the said lands and hereditaments in respect of her dower And whereas she is desirous that the said lands and hereditaments should be sold and that her right to dower should be satisfied and paid as hereinafter provided And whereas at the date of the indenture of settlement next hereinafter mentioned the said Michael Heley was also seized in fee-simple of the lands and hereditaments in Schedule B hereto annexed more particularly described and set forth And whereas by an indenture of settlement made the twenty-sixth day of April one thousand eight hundred and seventy-five between the said Michael Heley of the first part and Mary Heley his wife of the second part and William Ahern and James Sheridan therein described as the said trustees of the third part in consideration of the sum of ten shillings paid by the said trustees to the said Michael Heley and also for and in consideration of the natural love and affection which the said Michael Heley had and bore towards his wife the said Mary Pleley and for divers other good and valuable causes and considerations him thereunto moving the said Michael Heley appointed granted and released unto the said trustees the said lands and hereditaments in Scliedule B hereto described to hold unto the said trustees and their heirs to the use of the said trustees during the natural life of the said Mary Heley upon trust to pay the rents issues and profits thereof unto such person or persons for such intents and purposes and in such manner as the said Mary Heley by any writing or writings under her hand when and as the same should become due but not by way of assignment charge or anticipation thereof should notwithstanding her then or any future coverture direct and appoint and in default of any such direction or appointment or so far as the same if incomplete should not extend into her proper hands for her sole and separate use free from and independent of the debts control or engagements of any husband she might have and so that her receipt alone should be a good and sufficient discharge for the same to any person or persons whomsoever and from and immediately after the decease of the said Mary Heley to the use of all and every the children if more than one of the said Michael Heley and Mary Heley their heirs and assigns for ever as tenants in common and not as joint tenants and should there be but one such child then to the use of such one or only child his or her heirs and assigns for ever and should there be no such child then to the use of the said Michael Heley his heirs and assigns for ever And whereas the said Edward Joseph Eubie and Thomas O'Connor are now the duly appointed trustees of both the said vnU of the said Michael Heley and also of the said settle- ment And whereas the buildings erected upon the said parcels of land described in the Schedules A and B hereto which are adjoining HELEY'S ESTATE. 563 allotments have been duly condemned under the provisions of the Citj 46 Victoeia. Improvement Act forty-second Victoria number twenty-five And whereas the said trustees have no power under the said will or settle- ment either to sell the said lands or to expend any trust moneys in rebuilding thereon And whereas the said lands are now wholly un- productive and it would be therefore expedient and gi'eatly for the benefit of the persons beneficially interested in the said lands that they should be sold Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembljr of New South Wales in Parliament assembled and by the authority of the same as follows : — 1. It shall be lawful for the said Edward Joseph Eubie and Thomas power to sell O'Connor or other the trustees for the time being of the said will Jf^crifed in to sell and dispose of the lands and hereditaments specified in Schedule Schedule a. A hereto by public auction or private contract and either in one lot or in several as they shall deem most expedient for such price or prices as can be reasonably had or obtained for the same and when sold to convey the same or any part or parts thereof to the purchaser or purchasers thereof in fee-simple freed and discharged from all right claim estate and interest whatsoever in or to the same and to receive the purchase money thereof. 2. The proceeds of the sale of the said lands and hereditaments Power to invest comprised in Schedule A to this Act or of any part or parts thereof shall satlsfy'dow'ei'. be held by the said Edward Joseph Hubie and Thomas O'Connor or other the trustees for the time being of the said will upon trust to invest the same iu their joint names in G-overnment or real securities in Great Britain or in any of the Australian Colonies as they shall think fit and the dividends interest and income arising therefrom shall be held by them upon trust to pay one-third thereof to the said Mary Heley widow of the said Thomas Heley during her lifetime in satis- faction and payment of her said right to dower her receipt in writing to be a full discharge to the said Edward Joseph Ruble and Thomas O'Connor in respect thereof And subject to such satisfaction and payment of dower as aforesaid upon trust to apply four-fifths of the said dividends interest, and income or such part thereof as the said Edward Joseph Eubie and Thomas O'Connor or other the trustees for the time being of the said will shall think fit for the maintenance and education or otherwise for thebenefit of the said Mary Teresa Heley and EUen Clotilda Heley and to lay out and invest the surplus thereof (if any) in the aforesaid investments the dividends interest and income there- of to be held and applied by them upon like trusts as are hereinbefore expressed concerning the dividends interest and income of the said four-fifths share in respect of the said Mary Teresa Heley and Ellen Clotilda Heley And as to the remaining one-fifth share of the said dividends interest and income subject to the satisfaction and payment of dower as aforesaid upon trust to apply the same in such manner as the Master in Lunacy shall direct for the maintenance and otherwise for the benefit of the said Albina Heley. 3. It shall also be lawful for the said Edward Joseph Hubie and power to sell Thomas^ O'Connor or other the trustees for the time being of the said !™^^^'^^°,J^*^'^ indenture of settlement with the consent in writing of the said Mary Heley widow of Michael Heley deceased to sell and dispose of the lands and hereditaments specified in Schedule B hereto either by pub- lic auction or private contract and either in one lot or in several as 564 HELET'S ESTATE. Power to invest proceeds. Receipt of trustees a discliELrge to purchaser. 46 Victoria, they stall deem most expedient for such price or prices as can be reasonably had or obtained for the same and when sold to convey the same or any part or parts thereof to the purchaser or purchasers thereof in fee simple freed and discharged from the trusts created by the said indenture of settlement. 4. It shall be lawful for the said Edward Joseph Eubie and Thomas O'Connor or other the trustees for the time being of the said indenture of settlement to invest the proceeds of sale of the lands and heredita- ments comprised in Schedule B or of any part thereof upon the like investments as are hereinbefore provided in respect of the proceeds of the sale of the lands and hereditaments comprised in Schedule A or in- such of them as the said Edward Joseph Eubie and Thomas O'Connor or the trustees for the time being of the said indenture of settlement shall think fit and the proceeds and the investments thereof shall be subject to the trusts of the said settlement so far as such trusts shall be applicable thereto. 5. The receipts in writing for the purchase money of the whole or any part of the said lands and hereditaments comprised in both the said Schedules A and B signed by the said Edward Joseph Eubie and Thomas O'Connor or other the trustees for the time being of the said will or settlement shall absolutely discharge the purchaser or purchasers of the said lands and hereditaments or any part or parts thereof from the purchase money payable by him or them respectively and shall exonerate him or them from seeing to the application of the said pur- chase money and from all liability as to the misapplication or non- application thereof. SCHEDULE A. All that piece or parcel of land situate lying and being in the parish of St. Phillip city of Sydney county of Cumberland and Colony of New South Wales and com- mencing at a point on the building-line of the eastern side of George-street at its intersection with the .southern side of Queen's-place and bounded on the west by George-street along said building-line eighteen feet bearing southerly on the south by a line bearing easterly passing partly through the centre of a wall forty-three feet six inches to a lane eight feet wide on the east by that lane bearing northerly twenty-four feet six inches to Queen's-place and on the north by said Queen's-place bearing westerly forty-four feet to the point of commencement. SCHEDULE B. All that piece or parcel of laud situate lying and being in the parish of St. Phillip city of Sydney county of Cumberland and Colony of New South Wales and com- mencing at a point on the eastern side of George-street eighteen feet southerly from Queen's-place and bounded on the west by the building-line of said George- street bearing southerly sixteen feet seven and a quarter inches on the south by a line bearing easterly forty-three feet six inches to a lane eight feet -wide on the east by that lane bearing northerly sixteen feet seven and a quarter inches and on the north by lot one and a line passing partly through the centre of a wall forty- three feet six inches to the commencing point. 565 HILL'S ESTATE. An Act to authorize the Trustees of the Marriage 45 Yictoeia. Settlement of Mrs. Sophia Mary Hill formerly Sophia Mary Atkinson to sell mortgage and lease certain lands in the village of Collingwood near Liverpool in the Colony of New South Wales and to invest the proceeds thereof. [19 December, 1881.] WHEREAS by an indenture dated tlie first day of March in the Preamble, year of our Lord one thousand eight hundred and fifty-eight and made between James Henry Atkinson thereinafter styled the settlor of the first part Rowland Brodhurst Hill of the second part Sophia Mary Atkinson now Sophia Mary Hill of the third part and Thomas Blackett Stephens and Edward Wrench thereinafter styled the trustees of the fourth part reciting that a marriage was intended shortly to be solemnized between the said Rowland Brodhurst Hill and the said Sophia Mary Atkinson and upon the treaty for the said marriage it had been agreed between the parties thereto that the lands and hereditaments set forth and described in the Schedule to this Act whereof or whereto the settlor was seized and possessed or well entitled in fee simple should be conveyed and settled as thereinafter contained the settlor granted sold aliened and released unto the trustees and their heirs all the lands tenements and hereditaments set forth and describedin the said Schedule hereto to hold the same to the trustees their heirs and assigns for ever to the uses and upon the trusts and for the intents hereinafter declared and expressed concerning the same that is to say to the use of the settlor his heirs and assigns until the solemnization of the said then intended marriage and immediately thereafter to the use of the trustees their heirs and assigns upon trust at their discretion either to receive and pay to the said Sophia Mary Atkinson or to permit her to receive during the term of her natural life the rents and profits of the thereby released lands tenements hereditaments and premises subject to ■certain deductions for premiums of insurance and the costs of necessary Tepairs if any such payment to the said Sophia Mary Atkinson by the trustees or such receipt by herself to be to and for her own sole and separate use free from the control debts or engagements of her said intended or any future husband and every such payment to be made to her sole receipt notwithstanding coverture and from and immediately after the death of the said Sophia Mary Atkinson upon the following trusts respectively according to the several states of circumstances there- inafter mentioned that is to say if the said Sophia Mary Atkinson should have lawful issue of the said intended or any future marriage but no liusband her surviving then in trust for such issue equally share and share alike upon their respectively attaining the age of twenty-one years with benefit of survivorship if any should die under that age And if the said Sophia Mary Atkinson should leave any such issue and also a husband her surviving then in trust for and among such issue in manner and subject to the provisions aforesaid in that behalf but with the deduction by the trustees and their payment to such husband for iis natural life of so much of the rents and profits aforesaid as should 566 HILL'S ESTATE. 45 VicTOBiA. he equivalent to one eqnal share calculated on tlie footing of such husband taking share and share alike with such issue Provided that the amount so paid to such hushand should in no one year exceed the sum of five hundred pounds and that the surplus of his calculated share if any over the said sum should fall into division share and share alike among such issue And if the said Sophia Mary Atkinson should die without lawful issue or if leaving any all such issue should die under the age of twenty-one years then to tlae use of the children as joint tenants or of the child if only one then living of the settlor their or his heirs or assigns for ever And if no child then living then to the use o£ the settlor his heirs and assigns for ever And it was thereby agreed and declared that the trustees should after the death of the said Sophia Mary Atkinson have full power and discretion to appropriate to the support maintenance and education of any or all of such issue as afore- said or if none such or upon failure as aforesaid then if any and every such child of the settlor the whole or such part of the trustees should deem necessary or proper of the rents and profits of the respective presumptive shares of such issue or of such children during their respective minorities And that the trustees should have all necessary powers of managing and letting but in no case for a longer term than three years the thereby released hereditaments and premises And it was thereby further agreed and declared that the word trustees wherever therein used should extend and apply to the survivor of the trustees therein named either alone or jointly with any new trustee to be appoinled as thereinafter mentioned and also to any and every such new trustee and also during any and every entire vacancy of the trust but no longer to the executors or administrators of the last surviving trustee And that upon any and every vacancy in the trust by the death resig- nation refusal to act residence out of the Australian Colonies or absence therefrom for twelve months insolvency or other inability or incapacity to act of any trustee it should be lawful for the said Sophia Mary Atkinson if living or for the continuing or surviving or retiring ttustee or trustees or if none such then for the executors or administrators of the last surviving trustee by any instrument in writing under her his or their hand or hands to appoint a new trustee or trustees who should thereupon and by virtue of such instrument and without other assurance in the law become and be invested with all the estate and interest uses trusts powers and authorities thereby vested in the trustees therein named as fully and effectually as if such new trustee or trustees had been so therein named And whereas the said Sophia Mary Atkinson (hereinafter called Sophia Mary Hill) on the second day of March in the year of our Lord one thousand ei ght hundred and fifty-eight intermarrried with the said Rowland Brodhurst Hill and there are issue of such marriage living And whereas the said Eowland Brodhurst Hill died on the twenty-first day of September in the year of our Lord one thousand eight hundred and seventy-three And whereas the said Thomas Blackett Stephens died on the twenty-sixth day of August in the year of our Lord one thousand eight hundred and seventy-seven And whereas the said Edward Wrench in the month of November in the year of our Lord one thousand eight hundred and sixty retired from the said trusts And whereas the said Sophia Mary Hill by an in- strument in writing under her hand duly appointed "Joseph Atkinson Holdsworth and Henry Moncur Atkinson trustees of the said inden- ture of settlement And whereas the said indenture does not em- power the trustees to sell or mortgage or demise except as aforesaid HILL'S ESTATE. 567 for the period not exceeding three years the said lands and heredita- 45 Viotokia, ments in the said Schedule hereto set forth and described And whereas it wonld be advisable and of great advantage to all parties interested in the said lands that powers to sell mortgage and lease for a longer period than three years the said lands and hereditaments should be conferred on the trustees for the time being of the said indenture of settlement for the benefit of the persons interested under the said indenture of settlement and that the proceeds of the sale of such of the lands and hereditaments as should from time to time be sold and the moneys raised by mortgage of such of the said lands and hereditaments as should from time to time be mortgaged and the interest thereof and the rents and profits arising from the lease of such of the said lands and hereditaments as should from time to time be leased should be held in trust for the parties interested in the said lands and hereditaments according to their respective estates and interest therein And whereas the said objects cannot be attaiaed without an Act of the Legislature 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. It shall be lawful for the said Joseph Atkinson Holdsworth and Trustees em- Henry Moncur Atkinson or the trustees or trustee for the time and comey.^^" being of the said indenture of settlement hereinbefore referred to to sell and absolutely dispose of all and singular the said lands and hereditaments set forth and described in the Schedule to this Act or any or either of them or any part of the same by public auction or private contract either in one or more lot or lots and in such manner generally and upon and subject to such terms and conditions as the said trustees or trustee shall deem expedient with power to buy in the said lands and hereditaments or any or either of them or any part thereof at any sale by auction and to rescind or vary any contract for sale either on terms or gratuitously and to re-sell without being responsible for any loss occasioned thereby and upon any sale or sales to convey the land so sold to the purchaser or purchasers thereof his her or their heirs and assigns or as such purchaser or purchasers may direct freed and discharged from all trusts affecting the same and the receipts in writing of the said trustees or trustee for the purchase money of any lands and hereditaments so sold shall be full and sufficient discharges to any purchasers irom the same and from being bound to see to the application of the same and from any liability for the loss non-application or misapplication of the same or any part thereof. 2. It shall be lawful for the said trustees or tnistee to allow any power to give purchaser or purchasers credit for the payment of the whole or part °^^g*g° ''"''" of his her or their purchase money upon such terms as to interest or otherwise and generally as the said trustees or trustee may deem reasonable and expedient Provided that the land in respect oi which such credit shall be given shall remain unconveyed or shall by a proper mortgage with full powers of entry and sale and other usual and proper provisions be made a security for the payment of the purchase money remaining unpaid Provided further that in the event of any such security being taken the vendors lien for the said purchase money and every part thereof shall not be thereby affected or lost. 3. It shall be lawful for the said trustees or trustee from time to Po™- to borrow time for the purpose of raising any sum or sums of money which buildings &c, 568 HILL'S ESTATE. Power to grant 45 Victoria, in their or his opinion it may be desirable to borrow for the pur- pose of erecting any buildings or repairing or rebuilding any exist- ing buildings upon or otherwise improving any part or parts of the lands and hereditaments set forth and described in the Schedule hereto to execute any mortgage or mortgages in fee or for any term or terms of years of such part or parts of the said lands and heredita- ments with power of sale and all other usual powers provisions and covenants Provided that no person who shall advance money upon the security of any mortgage purporting to be made under the power hereby given shall be bound to enquire as to the advisability or pro- priety of the raising of such money when raised or advanced and the receipt of the said trustees or trustee for the moneys so advanced shall effectually discharge the person advancing the same from any liability in respect of the non-application or misapplication thereof. 4. It shall be lawful for the said trustees or trustee from time to time by deed or writing to demise and lease all or any part of the said lands and hereditaments to any person or persons for any term of years not exceeding twenty-one years to take effect in possession at the best yearly rent that can be reasonably obtained for the same without any fine premium or foregift And also from time to time by deed to demise and lease any part of the said lands and hereditaments to any person or persons who shall covenant to improve the same by repairing any building or buildings now standing or which shall hereafter be standing on any part of the land hereby leased or by erecting or building any house or houses building or buildings on such land or any part thereof or by otherwise expending in improvement such moneys as shall be deemed by the said trustees or trustee adequate to the interest to be parted with but so that every lease under this last-mentioned power shall be for a term not exceeding fifty years to take effect in possession or within one year from the date thereof and shall be at such rent as the said trustees or trustee shall having regard to the terms and conditions of such lease think reasonable and proper so however that nothing be taken by way of fine premium or foregift Provided that every indenture of lease made under the provisions of this section shall contain a covenant by the lessee to pay the rent thereby reserved and for insurance against fire of any building erected or to be erected on the land thereby demised and also a con- dition of re-entry on non-payment of rent within a time to be therein specified and so also that a counterpart of such lease be executed by the lessee Any lessee paying any rent reserved by any such lease to the said trustees or trustee shall not be bound to see to the application thereof and shall be free from all liability for the non-application or misapplication of the same or any part thereof. 5. The said trustees or trustee shall stand seized and possessed of the said lands and hereditaments or of such jjortion thereof as may from time to time remain unsold subject to any leases granted and to any other estates rights or interests created under the authority of this Act upon the trusts and subject to the provisions in the said indenture of settlement expressed and declared concerning the same respectively And from and after the sale of any portion of the said lands and here- ditaments shall stand possessed of the moneys arising from such sale upon trust in the first place to pay all costs and expenses of and incidental to the procuring and passing this Act and also of all deeds instruments acts dealings and proceedings subsequently to thp passing Tnista of unsold land and pur- chase money. HILL'S ESTATE. 569 of this Act executed eigned done or undertaken for the purpose of 45 Victobia. enabling the said trustees or trustee to carry out advantageously any sale hereby authorized And in the next place to pay and satisfy all costs and expenses incurred in and about the said sale And after such payment as aforesaid upon trust to invest the net surplus of such moneys in any debentures or Government securities of any kind of any of the Colonies of New South Wales Victoria or Queensland or upon freehold securities in the said Colony of 'N&w South Wales or upon deposit at interest in any bank carrying on business in the said last- mentioned Colony with power from time to time and at any time to vary or transpose any such investment or security into or for any other investment or security of the kind hereby authorized. 6. The said trustees or trustee shall stand possessed of such invest- Trusts of invest- ments and securities and the net dividends income and annual produce "™'^ "°^ *"■ arising therefrom and also of the net rents arising from and payable under any lease made under the authority of this Act upon such trusts and with and subject to such powers provisions and declarations as shall as nearly correspond with the uses trusts provisions and declara- tions in the said indenture of settlement expressed and contained con- cerning the said lands and hereditaments or any part or parts thereof ; respectively or such of them as shall be subsisting or capable of taking effe.ct as the different nature and quality of the premises and the rules of law and equity will admit Provided that it shall be la'wful for the said trustees or trustee at any time or from time to time to apply the whole or any part of the rents and profits of any portion or portions of the said lands and hereditaments in and towards payment or in and towards providing a sinking fund for the payment of the principal and interest due or owing on the security of any mortgage or mortgages of such portion or portions executed under the power herein contained. 7. It shall be lawful for the said trustees or trustee to make and power to make alter and concur in the making and altering of any roads streets or ''"^^^ *°- ways on and over any part or parts of the said lands and hereditaments And also to erect make and carry out and concur in the erecting making and carrying out of any walls sewers drains watercourses or other works which may in the discretion of the said trustees or trustee conduce to the better laying improving or selling of the said lands and hereditaments or the convenience and enjoyment of those persons who shall have purchased or shall purchase any part thereof The costs of any such works on the part of the said trustees or trustee or their proportion of any costs for such works and any costs and expenses of and incidental to the bringing of the said lands and hereditaments or any part thereof under the provisions of the Eeal Property Act (which they are hereby authorized to incur) may be deducted and retained by the said trustees or trustee in the same way as they are hereby authorized to deduct and retain the costs and expenses of and incidental to sales hereunder Eor any of the purposes of this section the said trustees or trustee may reserve or dedicate either absolutely or upon any conditions any part or parts of the said lands and hereditaments. 8. This Act may be cited as the " Hill's Estate Act of 1881." short title. 570 HOSKING-'S TRUST. 45 VicTOBiA. SCHEDULE ABOVE EEFEEEED TO. All that piece or parcel of land situate and being in the village of CoUingwood in the parish of Saint Luke near to and to the south of the town of Liverpool in the county of Cumberland Colony of New South "Wales and being that portion of the said village marked on the plan thereof as Collingwood Terrace with the garden ground attached Commencing at a point on the northern side of Atkinson-street videlicit the point of its intersection with the western side of CoUingwood-street and bounded on its eastern side by CoUingwood-street being a line bearing north four degrees forty-five minutes east three hundred and forby-seven feet on its northern side by the School Reserve being a line bearing south eighty-six degrees west two hundred and forty-seven feet on its eastern side by a line bearing south three degrees ten minutes east three hundred and forty-five feet and on its southern side by Atkinson-street being a line bearing north eighty-six degrees east two hundred feet to the point of commencement on which are erected twenty cottages known as CoUingwood-terrace of brick covered with slates in four blocks of five houses each having detached kitchens &c. The southern block has also at its south end an additional building of weatherboards covered with iron and stabling of slabs. HOSKING'S TEUST. 24 VicTOEiA. An Act to authorize the Sale and Exchange of Property- held in trust for Mrs. Martha Poxlowe Hosking and her issue. [9 May, 1861.] Preamble. WHEREAS "by an indenture "bearing date tlie twenty-sixth day of May in the year one thousand eight hundred and forty-five and made between Eosetta Terry of the City of Sydney in the Colony of New South Wales widow now deceased of the first part John Hosking of the same place Esquire and Martha Eoxlowe his wife of the second part and Francis Clarke and Henry Terry Sheldon both of the City of Sydney aforesaid Esquires of the third part After reciting that the said Eosetta Terry was seized in her demesne as of fee of and in the lands hereditaments and premises thereinafter particularly described And further reciting that the said Eosetta Terry was desirous of settKng the said hereditaments upon her daughter the said Martha Eoxlowe Hosking and the children of the said Martha Eoxlowe Hosking in manner thereinafter mentioned ia consideration of the natural love and affection which the said Eosetta Terry bore towards- the said Martha Eoxlowe Hosking the said Eosetta Terry did grant bargain sell alien release and confirm unto the said Erancis Clarke and Henry Terry Sheldon and their heirs certain pieces or parcels of land in the Colony of New South Wales viz. — one thousand one hundred and five acres eight hundred and eight acres six hundred and forty acres one thousand three hundred acres six hundred and forty acres six hundred and forty acres six hundred and forty acres and one thousand acres of land in the county of Murray in the said Colony two roods two roods and two roods of land in the town of Queanbeyan in the said county respectively eighty acres and one hundred acres of land in the county of Cumberland respectively six hundred and forty acres and eight hundred acres of land in the county of Murray and fifty acres in the district of Evan in the said Colony All which several pieces or parcels of land with the abuttals and boundaries thereof were in such indenture particularly mentioned, and described upon trust to receive the rents and profits thereof during the life of the said Martha HOSKING'S TRTJST. 57I Foxlowe Hosking and to pay the same unto such person or persons as 24 Victokia. sie the said Martha Poxlowe Hosking should from time to time appoint And in default of appointment into her own hands for her own separate use free from the debts control or engagements of her then present or any future husband and after the decease of the said Martha Poxlowe Hosking upon trust to stand possessed of the said hereditaments and premises for the first son of the body of the said Martha Poxlowe Hosking to be begotten and for the heirs male of the body of such first son and for default of such issue then upon trust for the second third fourth and all and every other son and sons of the body of the said Martha Poxlowe Hosking to be begotten severally successively and in remainder one after another according as they should be in seniority of age and priority of birth and for the several and respective heirs male of the body and bodies of all and every such son and sons the elder of such sons and the heirs male of his body always to be preferred and to take before the younger of such sons and the heirs male of his and their body and bodies and in default of such issue upon trust for all and every the daughters of the said Martha Poxlowe Hosking begotten and to be begotten as tenants ia common i£ more than one and the heirs of their respective bodies issuing and if any one or more of such daughter or daughters should depart this life and there should be a failure of issue of her or their body or respective bodies then as to for and concerning as well the original share or shares of such child or children who should so die and whose issue should so fail as to the share or shares which should survive or accrue to any such daughter or daughters or to their or any of their issue by the decease and failure of issue of any other or others of the said daughter or daughters upon trust for the sur- vivors or survivor or others or other of the said daughter or daughters to be divided between or among them (if more than one) in equal shares as tenants in common and the heirs of their respective bodies issuing and if all such daughters (save one) shall die without issue or if there should be but one such daughter then upon trust for such one or only daughter and the heirs of her body issuing and in default of such issue then upon trust for the heirs and assigns of the said Martha Poxlowe Hosking And it was thereby agreed and declared that the said trustees or trustee for the time being should after the decease of the said Martha Foxlowe Hosking and during the minority of any child of the said Martha Foxlowe Hosking pay and apply the rents issues and profits of the said hereditaments and prem- ises or of his or her share therein unto and for his or her main- tenance education and benefit and should sufEer the residue (if any) of the rents issues and profits of the said hereditaments or share to accumulate in the way of compound interest for the benefit of the person or persons who should become ultimately entitled to the said hereditaments or share from which the same should have proceeded And whereas the said Henry Terry Sheldon one of the trustees of the said indenture of settlement departed this life and the said Martha Poxlowe Hosking by virtue and in exercise of the power reserved to her by such indenture of settlement did by indenture bearing date the sixth day of January one thousand eight hundred and forty-eight and made between the said Martha Poxlowe Hosking of the first part the said Prancis Clarke of the second part and Prancis Mitchell of Sydney aforesaid merchant of the third part appoint the said Prancis Mitchell to be a trustee of such indenture 572 HOSKINQ'S TRUST. 24 Victoria, in the place and stead of tlie said Henry Terry Sheldon deceased and by such indenture all and singular the said trust premises were conveyed unto the said Prancis Mitchell and Prancis Clarke their heirs and assigns as joint tenants and as trustees of the said indenture of settlement And whereas the said indenture of settlement contains no power enabling the trustees thereof for the time being to sell the said several pieces or parcels of land or any part or parts thereof and for investing the proceeds of any sale or sales thereof in the purchase of any other lands or hereditaments And whereas the said John Hosking and Martha Poxlowe his wife are both stUl living and there is issue of their marriage two children only that is to say two daughters both of whom are infants under the age of twenty-one years And whereas the lands comprised in the said indenture of settlement have been for many years past rendered available as a farming and grazing establishment under the management of John Hosking the husband of the said Martha Poxlowe Hosking conjointly with adjacent lands belonging to the said John Hosking and which have hitherto formed together therewith one consolidated property under the designation of the Foxlowe Estate And whereas the said lands comprised in the said settlement and those belonging to the said John Hosking are so connected as to be of much greater value as a whole than in distinct portions and are also greatly dependent on personal management for yielding a profitable return And whereas the said John Hosking being about to relinquish the active management of the said property has determined to sell his own portion thereof And whereas a separate sale of his portion thereof would greatly deteriorate the value of the settled portion and would render the continuance thereof as an investment of trust property far less advantageous than could be obtained through the exercise of the powers of sale and exchange usual in settlements of real estate And whereas the said Martha Pox- lowe Hosking is entitled for her separate use and subject to her own absolute control and appointment to other property of much greater pecuniary value than the property comprised in the said recited settle- ment and is willing to substitute the same by way of exchange for the lands comprised in the said settlement in order that the last-mentioned lands may be more advantageously disposed of in connection with the said land of the said John Hosking adjacent thereto And whereas there is good reason to believe that the vesting in the said trustees of power to effect such sale substitution or exchange will be greatly for the advantage of all parties interested in the trusts of the said inden- ture of settlement and it is therefore expedient that the same be sanctioned by Legislative authority 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 — Trustees of Mrs. 1, It shall be lawful for the said Prancis Mitchell and Prancis ment'authorized Clarke or the survivor of them or other the trustees or trustee for the exchange *™® being of the said indenture with the consent in writing of the '^^^''' said Martha Poxlowe Hosking during her life and after her decease and during the minority of any person or persons by the said inden- ture of settlement made tenant in tail of the hereditaments thereby granted and released at the discretion of the trustee or trustees for the time being of the said indenture to dispose of and convey either by way of absolute sale or in exchange for other lands the whole or any HosKiisra's tetjst. 573 part or parts of the said hereditaments either by public auction or 24 Victoria- private contract and either in one lot or in several lots and subject or not at their or his absolute discretion to any special conditions or stipulations as to title evidence of title expense compensation indemnity arbitration postponement of payment of and security for purchase money or otherwise with power for them or him to buy in the said hereditament at any auction or auctions or to rescind abandon or vary any contract for sale or exchange and to resell any heredita- ments bought in or as to which any contract shall be rescinded or abandoned without being answerable for any loss to be occasioned thereby and to convey and transfer the same to the purchaser or respective purchasers thereof or person or respective persons taking the same in exchange freed and discharged from the trusts created and declared by the said indenture and the receipt or receipts in writing of the said Prancis Mitchell and Prancis Clarke and the survivor of them or other the trustees or trustee for the time being of the said inden- ture shall absolutely discharge the purchaser or purchasers of the said hereditaments or any part or jjarts thereof for the purchase money payable by him or them respectively and shall exonerate him or them from seeing to the application of the said purchase money or moneys and from all liability as to the misapplication or non-application thereof. 2. It shall be lawful for the said Prancis Mitchell and Francis investment of Clarke or the survivor of them or other the trustees or trustee for the p™™'' ^ ° ^"^ "• time being of the said indenture with such consent as aforesaid to invest the moneys to arise from such sale or sales in the purchase of any freehold messuages lands tenements or hereditaments in the said Colony and to cause the same when so purchased to be conveyed and assured unto and to the use of the said Prancis Mitchell and Prancis Clarke or the survivor of them or other the trustees or trustee for the time being of the said indenture their heirs and assigns to be held by them or him upon trust at any time or times with such consent as aforesaid to sell and absolutely dispose of the whole or any part or parts of the said hereditaments in the manner and with the several powers and authorities hereinbefore provided. 3. In case any of the lands and hereditaments to be purchased or Master in Equity taken in exchange as aforesaid shall be purchased or taken in exchange o? propert™ pur- from the said Martha Poxlowe Hosking being parts of her separate chased &o from estate as aforesaid the sufEciency of the value of the property shall of Mrs. Hosking. be referred to the Master in Equity for the time being of the Supreme Court of New South Wales whose determination in this behalf certified under his hand shall be a sufficient authority to the said trustees or trustee to effect a sale or exchange in conformity therewith. 4. The said Prancis Mitchell and Prancis Clarke or the survivor Trusts of lands of them or other the trustees or trustee for the time being of the fxchanged.""^ said indenture shall hold the said hereditaments so to be purchased or taken in exchange and the rents issues and profits thereof in the mean- time until the sale thereof and the money to arise from such sales upon and subject to such of the several trusts provisoes and directions of the said indenture of settlement as shall be then subsisting or capable of taking effect. 5. In citing this Act in any instrument document or other pro- Title of Act. ceeding it shall be sufficient to use the expression " Hosking's Trust Act." 574 HUNTER RIVER STEAM NAVIGATION COMPANY. 5 Victoria, Preamble. Actions at law &c. to be in the name of the secretary. An Act for facilitating proceedings by and against the Hunter's River Steam Navigation Company and for other purposes therein mentioned. [1 September, 1841.] WHEREAS several persons have formed themselves into a joint stock Company or Society established at Sydney in the Colony of New South Wales under the name style or firm of the Hunter's River Steam Navigation Company for the purpose of trading with steam vessels between Sydney and Hunter's River and the rivers adjacent thereto in the said Colony and whereas for such purposes the said Company have subscribed amongst themselves by way of capital or joint stock the sum of forty thousand pounds in four thousand shares of ten pounds each the whole of which capital stock or sum of forty thousand pounds has been paid up and whereas difficulties may arise in recovering debts due to the said Company and in maintaining actions or proceedings for damages done to their property and also in prosecuting persons who may steal or embezzle the bills notes bonds moneys goods chattels or effects of the said Company and whereas it would be convenient and just that persons having demands against the said Company should be entitled to sue some member thereof in place and stead of the whole but as these purposes cannot be effected without the authority of the Legislature Be it therefore enacted by His Excellency the G-overnor of New South Wales with the advice of the Legislative Council thereof That from and after the passing of this Act all actions and suits and all proceedings at law or in equity to be commenced instituted prosecuted or carried on by or on behalf of the said Company or wherein the said Company is or shall be in any way concerned against any body or bodies politic or corporate or against any person or persons whether a member or members of the said Company or otherwise shall and may be lawfully commenced insti- tuted and prosecuted or carried on in the name of the person who shall be the secretary of the said Company at the time any such action suit or proceeding shall be commenced or instituted as the nominal plaintiff complainant or petitioner for or on behalf of the said Company and that all actions suits or proceedings as aforesaid to be commenced instituted or prosecuted against the said Company shall be commenced instituted and prosecuted against the secretary for the time being of the said Company as the nominal defendant for and on behalf of the said Company and that in all criminal prosecutions to be instituted or carried on by or on behalf of the said Company for fraud upon or against the said Company or for embezzlement robbery or stealing the bills notes bonds moneys goods chattels effects or any other property of the said Company or for any felony misdemeanour or other offence in which the said Company shall sustain any loss or damage it shall be lawful to state such bills notes bonds moneys goods chattels effects or any other property of the said Company to be the property of such secretary for the time being of the said Company notwithstanding it shall be proved at the trial that the same belongs to the said Company and any offence HUNTEE EIVEE STEAM NAVIGATION COMPANY. 575 committed with tlie intent to injure or defraud the said Company shall 5 Victoeia. and lawfully may in any prosecution for the same be stated or laid to have heen committed with intent to injure or defraud such secretary for the time being of the said Company and any offender or offenders may thereupon be lawfully convicted of any such offence and the death resignation or removal or other act of such secretary shall not abate Proceedings not any such action suit or prosecution but the same may be continued account o°the where it left off and be prosecuted and carried on in the name of or death &o. ot the agaiast any person who may be or become the secretary of the said Com- ^""'^^ '"''' pany for the time being and that where it shall be necessary for any person to serve any summons notice writ or other proceeding at law or in equity upon the said Company service thereof respectively shall be made upon such secretary for the time being or at his usual place of abode. 2. Provided always and be it enacted That the said Company shall ^™Sy*notto not either by the directors or by any member or members thereof or be employed in by their agent or by any other person on their behalf employ any funds discounting, whatever of the said Company in discounting bills of exchange or promissory -notes payable in the Colony under penalty or forfeiture of ^cMe Sfe'sum"* treble the sum or sums so discounted lent or advanced by or on behalf so advanced or of the said Company to be recovered in the Supreme Court or any discounted o. Circuit Court of the said Colony by action of debt bill plaint or infor- mation and one moiety or half of such penalty or forfeiture when recovered shall after deducting the charges of prosecution be paid to the Colonial Treasurer of the said Colony for the use of Her Majesty her heirs and successors for the public uses of the said Colony and in support of the Government thereof and the other moiety shall be paid to the informer suing for the said penalty. 3. And be it enacted That a memorial of the name of the secretary Memorial of the of the said Company in the form or to the effect for that purpose set g ™etary to be forth in the Schedule to this Act annexed signed by the said secretary recorded in the and by a majority of the directors of the said Company shall be recorded ot'Ne^^South'^' upon the oath of the secretary of the said Company for the time being waies and in the Supreme Court of New South Wales within thirty days from any^new secre- and after the passing of this Act and when and as often as any person tary shall be shall be duly elected secretary of the said Company a memorial of the name of such newly elected secretary in the same form or to the same effect as the hereinbefore mentioned memorial signed by such newly elected secretary and by a majority of the several persons who shall be directors of the said Company at the time of the election of such newly elected secretary shall in like manner be recorded upon the oath of the secretary of the said Company for the time being in the said Supreme Court within thirty days next after such secretary shall be elected. 4. Provided always and be it enacted That untO. such memorial of No action to bo thename of the secretary for the time being of the said Company be noemoria™*' recorded in manner hereinbefore directed no action suit or other pro- recorded. ceeding shall be brought or continued by or on behalf of the said Company under the authority of this Act. 5. And be it enacted That in all actions suits petitions or other Secretary and proceedings at law or in equity in which the said secretary for propri°eto'rs'^of'"'^ the time being shaU be on behalf of the said Company and under and tiie "^o^p^s' by virtue of this Act plaintiff complainant petitioner or defendant it ^tnesses. shall and may be lawful for the said secretary for the time being or 576 HUNTEE EIVEE STEAM If AVIGTATION" COMPANY. 5 Victoria. Execution upon any judgment may be issued against any member of the Company who shall have his remedy against the other mem- bers &c. Names of the then existing members of the Company and their places of abode to be recorded on oath in the office of the Registrar of the Supreme Court within thirty days from the passing of this Act and in January in every year. Lists to be open for inspection at reasonable times. Persons whose names are so recorded to be considered mem- bers of the Com- pany until new list made out or notice given in the Government Gazette. for a director auditor treasurer clerk or any other officer engaged in the executive duties of the said Company or for any proprietor of the said Company to give evidence in such action suit petition or other pro- ceeding notwithstanding the name of such secretary for the time being shall be used as plaintiff complainant petitioner or defendant and not- withstanding that such person giving evidence as aforesaid shall or may be interested in the result of such action as a member of the said Company. 6. And be it enacted That execution upon any decree order or judg- ment in any such action suit petition or other proceeding obtained against the secretary for the time being of the said Company whether he be plaintiff or defendant therein may be issued against and levied upon the goods and chattels lands and tenements of any member or members ^whomsoever of the said Comjjany for the time being in like manner and not otherwise than as if such decree or judgment had been obtained against such member or members personally Provided always that the body or goods lands or tenements of such secretary shall not by reason of his being defendant in any such action suit or proceeding be liable to be arrested seized or taken in execution And provided further that every such secretary in whose name any such action suit petition or other proceeding shall be commenced prosecuted carried on or defended and every such member or members against whose goods chattels lands or tenements execution upon any judgment or decree shall be issued or levied as aforesaid shall always be reimbursed and paid out of the funds of the said Company all such damages dues expenses costs and charges as by the event of any such proceedings such secre- tary or member or members shall or may be put unto or become charge- able with and all such remedies shall be allowed as between the several members of the said Company for the time being as if this Act had not been passed. 7. And be it enacted That the secretary or other principal of&cer for the time being of the said Company shall within thirty days from the passing of this Act and thereafter in the month of January in each and every year cause a true list of the names of all the then existing mem- bers of such Company with their respective places of abode and desig- nation to be recorded upon oath in the olfice of the Eegistrar of the Supreme Court and that the same shall be open for inspection at all reasonable times by any person requiring the same on payment of a fee of one shilling and if any such secretary or principal officer of the said Company shall fail to cause such list to be recorded in manner aforesaid he shall be liable to a penalty of one hundred pounds to be recovered by action of debt in the said Supreme Court by any person or persons suing for the same Provided always that nothing herein contained shall make liable such secretary or other principal officer to the pay- ment of such penalty for any omission on account of any member changing his name or place of abode or any female member marrying or any member becoming bankrupt or insolvent or departing this life t£ such secretary or principal officer shall not have received notice of the same respectively. 8. And be it enacted That every person whose name shall be so recorded shall be considered a member of the said Company and be liable to be sued as such until a new list of the members names shall be recorded as aforesaid or until he or she shall have given notice in the New South Wales Grovernment Grazette of his or her retirement from the said Company. HUNTEE EIVEE STEAM NAVIG-ATION COMPANY. 577 9. And be it enacted That the provisions in this Act contained shall 5 Victoria. extend and be construed deemed and taken to extend to the said Act to be at all Company at all times during the continuance of the same whether the withstaudii™'" said Company he now or hereafter composed of some or all or any of 5;''^"^?^?' ™^™' the persons who were the original or are the present members thereof company. or of all or some of those persons together with some other person or persons or shall be composed altogether of persons who were not original nor are now members of the same. 10. Provided always and be it enacted That nothing herein contained Company not shall extend or be deemed taken or construed to incorporate the tMs Act. m.embers or proprietors of the said Company or to relieve or discharge them or any of them from any responsibility duties contracts or obligations whatsoever which by law they now are or at any time here- after shall be subject or liable to either between the said Company and others or between the iudividual members of the said Company or any of them and others or among themselves or in any other manner what- soever except so far as the same is affected by the provisions of this Act and the true intent and meaning of the same. 11. And be it enacted That all bonds covenants warrants of attorney Bonds and other and other securities not being assignable in law which have been or pu^j™ mir&c. ^ which shall or may at any time hereafter be taken in the name of any i" the name of ,■' 'J.! J! j'j. j-i c ix. the secretary tor person as secretary or m the name ot any director or directors or the the time being said Company for or on account of the said Company shall and may be *^°''^^^in such put in suit and be held sued or prosecuted upon at law or in equity in security, the name of the secretary for the time being of the said Company notwithstanding the name of any such secretary be not inserted in such bond covenant warrant of attorney or other security as an obligee covenantee mortgagee assignee or payee of the sum or sums of money therein respectively secured and the death resignation removal or other act of any such secretary of the said Company for the time being shall not abate any action suit or other proceeding but the same may be contiuued where it left off and be prosecuted and carried on in the name of any person who may succeed to that office or be or become the secretary of the said Company and all legal rights and capacities in respect of the said Company shall become vested in such new secretary as aforesaid to all intents and purposes immediately upon the recording of the memorial of the name of the new secretary in the said Supreme Court and so on toties quoties whenever any new appointment or election of a secretary for the time being of the said Company shall take place and such new memorial thereof shall be recorded as aforesaid. 12. And be it enacted That in any action to be brought by any Plaintiff not to secretary of the said Company by virtue of this Act the plaintiff want "rproof ot therein shall not be nonsuit nor shall a verdict be given against the *he memorial, plaintiff for want of proof of the record of such memorial or memorials as hereinbefore mentioned but in case the defendant in any such action shall make it appear on such trial that no such memorial or memorials tas or have been recorded then a nonsuit shall be entered in such action. 13. Provided always and be it enacted That if any part of the capital h any part ot stock of the said Company be withdrawn or any of the said shares in dra™ or my^' that capital be cancelled or if any further number of shares be created *^'«8 canoeiied after the passing of this Act then and in such case all the rights " "'^"'^ " ^' 2o 578 HTJISTTEE EIVEE STEAM NAVI&ATIOlSr COMPAjSTT. advajitagea thereby con- ferred to cease and determine. Rig:ht3 of the Crown not affected. 5 VioTOEiA. privileges and advantages conferred by this Act on the said Company- ail priyiieges and shall cease and determine Provided nevertheless that subject to the several restrictions hereinbefore contained it shall be lawful for the said Company at any time to increase their joint stock or capital to any sum not exceeding sixty thousand pounds by an addition to each of the said existing shares of any sum or sums not exceeding five pounds payable in one or more instalments. 14. Provided always and be it enacted That nothing in this Act contained shall be deemed to affect or apply to any right title or interest of Her Majesty her heirs or successors or of any body or bodies politic or corporate or of any person or persons except such as are mentioned herein or of those claiming by or under him her or them. This Act not to 15. And be it enacted That this Act shall not commence or take the"same°shaii effect until the same shall have received the Eoyal approbation and have received the notification of such approbation shall have been made in the New oya assen . gQ^^^j-j^ "Wales Grovernment Gazette by order of His Excellency the Grovernor for the time being of the said Colony. This Act to be! 16. And be it enacted That this Act shall be deemed and taken deemed a public .j-q ^g ^ public Act and shall be judicially taken notice of as such by the Judges of the Supreme Court of New South "Wales and by all other Judges Justices and others within the Colony of New South "Wales and its dependencies without being specially pleaded. SOHED"[JLE EEEEEEED TO. Memorial of the name of the secretary of the Hunter's River Steam Navi- gation Company to be recorded in the Supreme Court of New South Wales pursuant to an Act of the Governor of New South Wales with the advice of the Legislative Council thereof passed in the fifth year of the reign of Her Majesty Queen "Victoria intituled An Act for facilitating Proceedings by and against the Hunter's Kiver Steam Navigation Company and for other purposes therein men- tioned. A.B. Secretary. CD. ) ( J.K. E.P. } Directors. \ L.M. G.H. ) ( N.O. P. Q of Sydney gentleman of the above-named Company maketh oath and saith that he was present and did see the foregoing memorial signed by the above-named secretary and directors respectively whose names appear thereto. Sworn this day of 1 18 . HUNTER RIVER STEAM NAVIGATION OOMPANT, levioTOKiA. An Act to incorporate the Proprietors of a certain Company called the " Hunter River New Steam Navigation Company " and for other purposes therein mentioned. [21 December, 18^2.] Preamble. llTHEEEAS a Joint Stock Company called the Hunter Eiver New W Steam Navigation Company has been lately established at Maitland in the Colony of New South "Wales under and subject to HUNTEE EIVEE STEAM NAVIGATION COMPANY. 579 the rules regulations and provisions contained in a certain indenture 16 Victoeia. or deed of settlement bearing date the eighth day of September one thousand eight hundred and fifty-two purporting to be a deed of settle- ment of the said Company And whereas by the said indenture or deed of settlement the several parties thereto have respectively and mutually covenanted and agreed to be and continue (until dissolved under the provisions in that behalf therein contained) a joint stock Company or partnership under the name style and title of the Hunter Eiver New Steam Navigation Company for the purpose of carrying on the business of trading with steam and other vessels to and from Morpeth and Sydney in the said Colony and to and from other ports and places with full power to the directors for the time being of the Company to engage hire build or purchase suitable premises for the carrying on of all such operations and works and from time to time to hire and employ all necessary agents clerks officers apprentices and servants and to pay salaries and wages to the same And whereas it was by the said indenture or deed of settlement further agreed that the capital of the Company should consist of fortv thousand pounds to be con- tributed in four thousand shares of ten pounds each and of such further sum not exceeding the sum of one hundred thousand pounds as a majority in number and value of the shareholders for the time being might determine to be raised by the creation and allotment or sale of new shares of the like amount as therein provided And whereas by the said indenture or deed of settlement provision has been made for the payment of dividends and bonuses and for the disposal and application of the profits and also for the due management of the affairs of the said Company And whereas the said Company is de- sirous of being incorporated accordingly but subject to the provisions hereinafter contained Be it therefore enacted by His Excellency the Grovernor 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 time company in- or times hereafter shall or may in the manner provided by and subject to orporated. the rules regulations and provisions contained in the said indenture or deed of settlement become proprietors of shares of or in the capital for the time being of the said Company shall for the purposes afore- said but subject nevertheless to the conditions restrictions regulations and provisions hereinafter contained be one body politic and corporate in name and in deed by the name of the Hunter Eiver New Steam Navigation Company and by that name shall and may sue any person or persons body or bodies politic or corporate whether a member or members of the said corporation or not and may be sued implead and be impleaded in all Courts whatsoever at law and in equity and may prefer lay and prosecute any indictment information and pros- ecution against any person or persons whomsoever for any stealing embezzlement fraud forgery crime or offence and in all indictments informations and prosecutions it shall be lawful to state the money and goods effects bills notes securities or other property of the said Company to be the money goods effects bills notes securities or other property of the said corporation and to designate the said Company or copartnership by its corporate name whenever for the purpose of any allegation of an intent to defraud or otherwise however such designa- tion shall be necessary and the said corporation shall have perpetual succession with a common seal which may be altered varied and changed from time to time at the pleasure of the said corporation. 580 HUNTEE EIVEE STEAM NAVIQATION COMPANY. 16 Victoria. Confirmation of provisions of deed of settle- ment as by-laws of the Company subject to this Act and the general laws. Increase of capital. 2. The several laws rules regulations clauses and agreements con- tained in the said indenture or deed of settlement or to be made under or by virtue or in pursuance thereof are and shall be deemed and considered to be 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 incompatible with or repugnant to any of the provisions of this Act or of any of the laws or statutes now or hereafter to be in force in the said Colony subject nevertheless to be and the same may be amended altered or repealed either wholly or in part in the manner provided in and by the said indenture or deed of settlement 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 indenture or deed of settlement or by this Act in opposition to the general scope or true intent and meaning of the said indenture or deed of settlement or of this Act or of any of the laws or statutes in force for the time being in the said Colony. 3. It shall be lawful for the said corporation from time to time to extend or increase their capital for the time being by the creation allotment and disposal of new shares in the manner specified and set forth and subject to the rules regulations and provisions contained in the hereinbefore in part recited indenture or deed of settlement but so nevertheless that the total amount of all the new shares to be so from time to time created shall not together with the original capital exceed one hundred thousand pounds. 4. The capital or joint stock for the time being and all the funds and property of the said corporation and the several shares thereia and the profits and advantages to be derived therefrom shall be and be deemed personal estate and be transmissible accordingly subject to the regulations of the said indenture or deed of settlement. coi-poration not 5. The corporation shall not be bound in any manner by any trusts trusts or"equft- ov equitable interests or demands affecting any share or shares of the ^'■We interests capital standing in the name of any person or persons as the ostensible ec mg s ar . pj,ppj.jg^(,j. thereof or be required to take any notice of such trusts or equitable interests or demands but the receipt of the person or persons in whose name or names the share 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 corporation for or in respect of any divi- dend or other money payable by the said corporation in respect of such shares and a transfer of the said shares by the person or persons in whose name or names such shares shall so stand shall notwithstand- ing as aforesaid be binding and conclusive as far as may concern the said corporation against all persons claiming by virtue of such trusts or equitable interests or demands Provided always that nothing herein 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 corporation in respect of any such shares or the transfer thereafter of any such shares or to direct the payment of such dividends or other money by the corporation or the transfer of such shares by the person or persons in whose name or names they may stand to such other person- or piersons as such Court may think fit. Capital and shares to be personalty. HUNTEE EIVEE STEAM NAVIG-ATION COMPANY. 581 6. It stall be lawful for the said corporation notwithstanding any 16 Victoiiia. statute or law to the contrary and notwithstanding any clause or pro- Limited power vision herein contained to purchase take hold and enjoy to them and {an*d*^&c"'' ^°^^ their successors for any estate term of years or interest any houses oifices buildings lands and other hereditaments necessary or proper for the purpose of managing conducting and carrying on the affairs con- cerns and business of the said corporation and also to take hold and enjoy all houses offices buildings lands and hereditaments held by the said Company before the passing of this Act and also to take and to hold until the same can be advantageously disposed of for the purpose of reimbursement only and not for profit any lands houses and other real estate which may be so taken by the said corporation in satisfac- tion liquidation or discharge of any debt due to the corporation or in security for any debt or liability bond fide incurred or come under previously and not in anticipation or expectation of such security but not for any other purposes and to sell convey assign assure and dispose of such houses offices buildings lands hereditaments and other real estate as occasion may require. 7. It shall and may be lawful to and for all and every person or Power to other persons bodies politic or corporate who are or shall be otherwise vey^reai'estat"' competent to grant sell alien and convey assure and dispose of unto to the corpora- and to the use of the said corporation and their successors for the *"""■ purposes aforesaid or any of them any such houses offices lands here- ditaments and other real estate whatsoever as aforesaid accordingly. 8. No dividend or bonus shall in any case be declared or paid No dividend to out of the subscribed capital for the time being of the said corporation the'capUa°'but' or otherwise than out of the net gains and profits of the business. from the profits 9. In any action or suit to be brought by the said corporation™'''. ,'' ., ., P ''i i*j_i Provisions as to against any proprietor or proprietors ot any share or shares m the actions or suits capital of the said corporation to recover any sum or sums of money for calls and in- due and payable to the said corporation for or by reason of any instal- menj; or instalments call or calls made by virtue of this Act or of the said indenture or deed of settlement it shall be sufficient for the said corporation to declare and allege that the defendant or defendants being a proprietor or proprietors of such or so many share or shares in the capital of the said corporation is or are indebted to the said corpo- ration in such sum or sums of money as the instalment or instalments call or calls in arrear shall amount to for such and so many instal- ment or instalments call or calls of such or so many sum or sums of money upon such or so many share or shares belonging to the said defendant or defendants (as the case may be) whereby an action hath accrued to the said corporation without setting forth any special matter and on the trial of such action or suit it shall not be necessary to prove how or in what manner such instalment or instalments call or calls became or were made payable or any other matter except that the defendant or defendants was or were a holder or proprietor or holders or proprietors of one or more share or shares in the capital of the said corporation and that such instalment or instalments call or calls was or were in fact due" and that the time fixed for the payment thereof was given as is directed by the said indenture or deed of settlement and the said corporation shall thereupon be entitled to recover what shall appear due. 10. Nothing herein contained shall prejudice or be deemed to Calls and instai- prejudice any instalment due contract or other act deed matter or ™c"made'or*°'^ thing entered into made or done by the said Company under or by done under the 582 HTJTCHINSON'S ESTATE. 16 VicTOBiA. virtue of the said indenture or deed of settlement before this Act shall deed of settle- come into operation but the same instalment call contract act deed Ac™in''opemti?n matter or thing shall be as valid and effectual to all intents and not to be preju- purposes as if this Act had not been passed and maybe enforced in diced by it. ^^-^^ manner as if the said Company had been incorporated before the same instalment call contract act deed matter or thing had been made entered into or done. Limit of 11. In the event of the assets of the said corporation being in- iiabiiitieg. sufficient to meet its engagements then and in that case the share- holders respectively shall be responsible to the amoimt of their sub- scribed shares only in addition to such subscribed shares. In wimt matters 12. It shall not be necessary to use the corporate seal in respect S^'required'to °-^ ^^J °^ ^^^ ordinary business of the Company or for the appointment be used. of an attorney or a solicitor for the prosecution or defence of any action suit or proceeding and any person duly authorized and empowered under the corporate seal may without such seal execute any deed and do all such other acts matters and things as may be required to be executed and done on behalf of the said corporation and in conformity with the provisions of the deed of settlement and of this Act. vmgjevighta 13. Nothing in this Act contained shall be deemed to affect or an?ot othe^rper- ^PP^J *° ^'^J ^ight title or interest of Her Majesty her heirs or Bonsnotmen- successors or of any body or bodies politic or corporate or of any Aot.^** '" *'"^ person or persons except such bodies politic or corporate and other persons as are mentioned in this Act and claiming by from or under them. HUTCHINSON'S ESTATE. 47 VicTOEii. An Act to enable William Matthew Hntcliinson Gibbons Bjicliard Hutchinson Roberts and Arthur Huf&ng- ton or other the Trustees for the time being of the will of William Hutchinson deceased to sell certain land and houses in York-street and Clarence-street in the City of Sydney and to provide for the appli- cation of the proceeds thereof. [6 March, 18S4.] Preamble. "VX/ HEREAS William Hutchinson duly made and executed his last W will dated the twentieth day of December one thousand eight hundred and forty -five and thereby gave and devised unto his trustees namely John Eose Holden G-eorge Allen and John Henry Black all those three brick-built houses situate in Tork-street south qi the "Wesleyan Centenary Chapel and also all those two houses in Clarence- street adjoining Mr. Blaxland's south of the gateway dividing the said two houses from the houses on which an annuity to his daughter Sarah Nichols was charged and made payable with other hereditaments to hold the same unto the said trustees their heira and assigns for and during the life of the said testator's daughter Martha Lackey in the will called Martha Eoberts upon trust that the said Trustees and the survivors and the survivor of them their and his heirs and assigns should during the life of the said Martha Lackey receive the rents HUTCHINSON'S ESTATE. 583 issues and profits of the said hereditaments and premises and should 47 Victoria. pay the same as and when the same should be receiyed unto such person or persons only and for such intents and purposes only as the said Martha Lackey should from time to time by writing under her hand direct or appoint but not so as to dispose of or affect the same by sale mortgage charge or otherwise in the way of anticipation and in default of such direction or appointment into her own hands for her own sole separate and peculiar use exclusively of her then present or any future husband and without being in anywise subject to his debts control interference or engagements and the receipts in writing of the said Martha Lackey whether she should be single or married should be sufficient discharges for the same and after the decease of the said Martha Lackey the said testator gave and devised the said heredita- ments and premises to the use of all the children if more than one then born or thereafter to be born of the said Martha Lackey by her then present husband in equal shares and proportions as tenants in common in tail with cross remainders between them in tail And whereas the said testator made a codicil to his said will dated the sixth day of Eeb- ruary one thousand eight hundred and forty-six which did not affect the devise hereinbefore stated And whereas the said testator died on the twenty-sixth day of July one thousand eight hundred and forty-six without having revoked or altered his said will and codicil and the same were shortly after his death duly proved in the Supreme Court in its ecclesiastical jurisdiction by the said John Eose Holden one of the executors named in the said will leave being reserved to the other executors named in the said will to come in and prove the same And whereas by an indenture dated the sixteenth day of November one thousand eight hundred and forty-six the said Greorge Allen and John Henry Black the other executors named in the said will absolutely and irrevocably renounced and disclaimed unto the said John Rose Holden his heirs executors administrators and assigns all the real and personal estates given devised and bequeathed and all the trusts powers and authorities whatsoever by the said will and codicil given devised or bequeathed to or vested in them the said Greorge Allen and John Henry Black in conjunction with the said John Eose Holden as aforesaid And whereas by virtue of divers mesne assurances and acts in the law and ultimately by an indenture dated the fifth day of April one thousand eight hundred and seventy-one and made between Arthur Huffington at that time the sole surviviug or acting trustee of the said will of the first part Andrew Hardie McCuUoch of the second part and the said Arthur Huffington and William Matthew Hutchiason Gribbons and Eichard Hutchinson Eoberts of the third part the said "William Matthew Hutchinson G-ibbons and Eichard Hutchinson Eoberts were appointed trustees of the said will and codicil and of all the real and personal estates thereby given devised and bequeathed as aforesaid jointly with the then existing trustee the said Arthur Huffington upon the trusts and with under and subject to the powers and authorities expressed and declared in the will and codicil of the said William Hutchinson deceased And whereas the said Martha Lackey formerly Martha Eoberts had by her first husband Joseph Eoberts who died in the year one thousand eight hundred and forty-nine seven children and no more namely Jane Neich wife of Augustus Neich Eichard Hutchinson Eoberts Eanny Eliza Houison wife of Alexander Houison Mary Elizabeth Love wife of James G-raham Love James Joseph Eoberts Joseph James Eoberts and Martha Eoberts wife of John 584 HUTCHINSON'S ESTATE. 47 Victoria. G-eorge Eoberts And whereas on the marriage of the said Augustus. Neich and Jane Neich there was made no settlement or agreement for a settlement of the share of the said Jane Neich in the said heredita- ments and premises And whereas the said share of the said Jane Neich is charged with certain sums in favour of Thomas Salter and is also subject to a subsidiary charge of two thousand six hundred pounds in favour of Charles Henry Myles and the said Thomas Salter being a. further security which is also charged upon the share of the said Mary Elizabeth Love in the said hereditaments and premises And whereas: by an indenture dated the twenty-fifth day of July one thousand eight hundred and seventy-eight and made between the said Alexander Houison of the first part the said Eanny Eliza Houison his wife of the second part and the said Joseph James Eoberts and John Greorges Lackey (trustees) of the third part the said Alexander Houison granted and released and the said Eanny Eliza Houison appointed and assured unto the said trustees their heirs executors and administrators {inter alia) all the interest or share of the said Eanny Eliza Houison or of the said Alexander Houison in her right in and to the said hereditaments and premises so devised as aforesaid together with full and irrevocable- power and authority unto the said trustees their executors and admin- istrators and other the trustees or trustee for the time being of" the indenture now in statement to use the name and act as the attorney of the said Alexander Houison his executors and administrators in {inter alia) making and executing or joining in making and executing^ all releases and other documents which might be required in any matter connected with the said hereditaments and premises to hold, the same unto and to the use of the said trustees their heirs executors administrators and assigns upon the trusts in the said indenture- declared for the benefit of the said Eanny Eliza Houison and her children And whereas on the marriage of the said James Graham Love and Mary Elizabeth Love there was made no settlement or agreement for a settlement of the share of the said Mary Elizabeth: Love in the said hereditaments and premises And whereas previously to the year one thousand eight hundred and eighty the said shar& of the said Mary Elizabeth Love was charged with considerable sums- in favour of the said Charles Henry Myles and Thomas Salter And whereas by an indenture dated the ninth day of October one thousand eight hundred and eighty and made between the said James G-raham Love and Mary Elizabeth Love of the first part the said Martha, Lackey wife of the Honorable John Lackey of the second part the- said Augustus Neich and Jane Neich his wife of the third part and Charles Henry Myles and Thomas Salter of the fourth part for the- considerations mentioned in the said deed the various sums charged on the said share of the said Mary Elizabeth Love were settled at the sum of two thousand six hundred pounds and the same share was accordingly charged, with payment of that sum to the said Charles Henry Myles and Thomas Salter And whereas by divers assurances and acts in the law and ultimately by virtue of an indenture dated the thirtieth day of June one thousand eight hundred and seventy-three- and made between Thomas Bately Rolin and Thomas Salter (being- then mortgagees) of the one part and Andrew Hardie M'Culloch of the' other part the shares of the said James Joseph Eoberts and Joseph James Eoberts in the said hereditaments and premises were conveyed and assured to the said Andrew Hardie M'Culloch his heirs and assigns And whereas by an indenture of mortgage dated the fourteenth daj HUTCHINSON'S ESTATE. 585 of September one thousand eight hundred and seventy-six and made 47 Victoeia. between the said Andrew Hardie M'Culloch of the one part and the Australian Mutual Provident Society of the other part the said shares of the said James Joseph Eoberts and Joseph James Roberts were ■with other property mortgaged to the said Australian Mutual Provi- dent Society to secure payment of the sum of five thousand pounds and interest And whereas on the marriage of the said John George Roberts and Martha Roberts there was made no settlement or agreement for a settlement of the share of the said Martha Roberts in the said here- ditaments and premises And whereas the said share of the said Martha Roberts is charged with certain sums in favour of the said Charles Henry Myles And whereas the said gateway mentioned in the said will is in fact part of the said two houses in Clarence-street aforesaid being the entrance to a passage leading from Clarence-street aforesaid to the back of the said houses which passage has always been used and enjoyed by the owners and occupiers of the said houses and by no other persons except that the owners and occupiers of the house in Clarence-street on the north side of the said passage have opened a door into and have been permitted to use the same And whereas the said piece of land on which the said houses in Clarence-street and Tork-street aforesaid devised by the said will stand including the said passage is described in the Schedule hereto And whereas all the houses and buildings on the said piece of land are in a ruinous condition and there is no fund provided by the said will for the repair of the same and there is no power in the said will to sell the said premises or to let the same on a building or repairing lease or otherwise than for a term not exceeding twenty-one years at the best rent that can reasonably be gotten and it is in consequence impossible to sell or let the said premises and the same will become vacant and unproductive And whereas it will be for the benefit of all parties interested therein and they are desirous that the said premises should be sold And whereas the said Martha Lackey is desirous of releasing her life interest in the proceeds of sale of the said premises to the intent that the same may be divided among her said children according to their respective interests And whereas the said premises cannot be sold without the authority of the Legislature 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. It shall be lawful for the said "William Matthew Hutchinson Grib- Power to bons Richard Hutchinson Roberts and Arthur Huffington or other the aSdconv^Und. trustees or trustee for the time being of the will of the said William Hutchinson deceased with the consent of all mortgagees and encum- brancers of the land described in the Schedule hereto or of any part or share thereof to sell and dispose of the said land with the houses and buildings thereon and all appurtenances thereto by public auction or private contract and either together or in parcels as the trustees or trustee for the time being of the said will shall think most expedient for such price or prices as can be reasonably had or obtained for the same and upon every such sale it shall be lawful for the trustees or trustee for the time being of the said wiU to convey and assure the said land or any part thereof to the purchaser or purchasers thereof and thereupon the same shall vest absolutely in the said purchaser or purchasers his or their heirs and assigns freed and discharged from all mortgages charges and encumbrances and from the said trusts 586 HUTCHINSOIf'S ESTATE. Sale moneys to be applied in paying expenses. 47 VicTOEiA. affecting the same and from all estates tail of aU and every of the said children of the said Martha Lackey in the same premises and all re- mainders reversions estates rights interests and powers to take effect after the determination or in defeasance of such estates tail or any of them And the receipt in writing of the trustees or trustee for the time being of the said will shall absolutely discharge the purchaser or purchasers of the said land or any part thereof from the purchase money payable by him or them and from aU liability to see to the application thereof. 2. The trustees or trustee for the time being of the said will shall stand possessed of all moneys arising from any such sale as aforesaid upon trust after payment thereout of all expenses of and incidental to the said sales and of and to the obtaining of this Act to apply the same in manner hereinafter mentioned. And subject 3. The trustees or trustee for the time being of the said will shall pa^enrof ?n- P^J ^0 or apply for the benefit of each of the said seven children of the cumbrances to said Martha Lackey or their respective assigns a sum equal to one- tween chiidreen Seventh part of the amouut of such purchase money after deducting of Mrs. Lackey, and paying to incumbrancers upon the share in question according to their priorities the amounts due in respect of their respective incum- brances or if the said sum shall not be sufficient to discharge the amounts due to such incumbrancers then the said sum shall be applied in paying such amounts so far as the same sum will extend. 4. The amounts payable under this Act by the trustees or trustee for the time being of the said will to or for the benefit of the said Jane Neich Mary Elizabeth Love and Martha Roberts shall be paid into their proper hands respectively and their respective receipts shall notwith- standing coverture be sufficient discharge for the same. 5. The amount payable under this Act by the trustees or trustee for the time being of the said will to or for the benefit of the said Panny Eliza Houison shall be paid to the said Joseph James Eoberts and John Greorge Lackey or other the trustees of the said settlement to hold the same upon the trusts and subject to the powers provisoes agreements and declarations contained in the said indenture of settlement of the twenty-fifth day of July one thousand eight hundred and seventy-eight or such of the same trusts powers provisoes agreements and declara- tions as are now subsisting or capable of taking effect and the receipt of the said Joseph James Eoberts and John George Lackey or other the trustees of the said settlement shall be a sufficient discharge for the same. 6. This Act may be cited as the " Hutchinson Estate Act of 1884." Receipts of married women to be sufficient discharges. Share of Mi-s. Houison to be paid to the trus- tees of her settle- ment. Short title. SCHEDULE. All that piece or parcel of land containing by admeasurement one rood twelve perches or thereabouts situated in the parish of St. Andrew county of Cumberland and Colony of New South Wales being part of allotment number eleven of section number twenty-seven in the city of Sydney originally granted to William Hutchin- son Commencing at a point on the building-line on the south-west side of York- street bearing south-easterly and distant two hundred and seventy-four feet two inches from the intersection of the building-line on the south-west side of York- street with the building-line on the south-east side of King-street and bounded thence on the north-east by the building-line . of York-street aforesaid bearing south-easterly eighty-three feet six inches to the north-east corner of a brick wall thence on the south-east by the northern side of said brick wall and by the ILLAWAEEA STEAM NAVIGATION COMPANY. 587 southern side of a stone wall to its south-west corner being in all a line bearing 47 Victoria. south-westerly one hundred and seventeen feet eight inches thence again on the south-east by a line bearing south-westerly fifty-two feet four inches to the build- ing-line on the north-east side of Clarence-street thence on the south-west by the building-line of Clarence-street aforesaid bearing north-westerly eighty-two feet and thence on the north-west by a line passing along the southern side of a brick wall and the southern side of a stone wall bearing in all north-easterly one hundred • and seventy feet four inches to the point of commencement. ILLAWAERA STEAM NAVIGATION COMPANY. («) An Act to incorporate the Pi^oprietors of a certain 17 Victoria. Company called tne " Kiama Steam Navigation Company" and for other purposes herein mentioned. [3 October, 1853.] WHEEEAS a Joint Stock Company called the Kiama Steam Navi- Preamble, gation Company has heen lately established at Kiama in the Colony of New South Wales under and subject to the rules regulations and provisions contained in a certain indenture dated the tenth day of March last and purporting to be" a deed of settlement of the said Com- pany And whereas by the said deed of settlement the several parties thereto have respectively and mutually covenanted and agreed to be and continue (until dissolved under the provisions in that behalf con- tained) a joint stock Company or partnership under the name style and title of the Kiama Steam Navigation Company for the purjjose of carrying on the business of trading with steam and other vessels between the ports of Sydney and Kiama and also such other places as may be determined upon at a meeting of proprietors duly convened for that purpose with power also for the directors to hire or charter any steam or other vessel And whereas it was by the said deed of settlement further agreed that the capital of the Company shall consist of seven thousand pounds to be contributed in fourteen hundred shares of five pounds each and of such further sum or sums not exceeding the sum of fifty thousand pounds as may hereafter be raised by the creation allotment and sale of new shares of the like amount as therein pro- vided And whereas the said sum of seven thousand pounds has been subscribed in the manner mentioned in the said deed of settlement And whereas by the said deed of settlement provision has been made for the payment of dividends and bonuses and for the disposal and application of the profits and also for the due management of the affairs of the said Company And whereas the said Company is desirous of being incorporated and it is expedient that it should be incorporated accordingly but subject to the provisions hereinafter contained Be it therefore enacted by His Excellency the G-overnor of New South Wales by and 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 time Company incor- or times hereafter shall or may in the manner provided by and subject p°'^^^- to the rules regulations and provisions contained in the said deed of settlement become proprietors of shares of or in the capital for the time being of the said Company shall for the purposes aforesaid but subject nevertheless to the conditions restrictions regulations and pro- visions hereinafter contained be one body politic and corporate in name (o) The name of the Company altered from " Kiama" to "Illawarra," by 22 Vic, sec. 1, post. 588 ILLAWARRA STEAM NAViaATION COMPANY. 17 VlCTOEIA, Confirmation of provisions of deed of settle- ment as by-lawa of the Company subject to this Act and the general laws. Increase of capital. Capital and shares to be personalty. Corporation not bound to notice trusts or equitable in- terests affecting shares. and in deed by the name of the Kiama Steam Navigation Company and by that name shall and may sue any person or persons body or bodies politic or corporate whether a member or members of the said corporation or not and may sue and be sued implead and be impleaded in all Courts whatsoever at law or in equity and may prefer lay and prosecute any indictment information or prosecution against any person or persons whomsoever for any stealing embezzlement fraud forgery crime or offence and in all indictments informations and pro- secutions it shall be lawful to state the money and goods effects bills notes securities or other property of the said Company to be the money goods effects bills notes securities or other property of the said corporation and to designate the said Company or copartnership) 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 with a common seal which 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 con- tained in the said deed of settlement made or to be made under or by virtue or in j)ursuance thereof are and shall be deemed and considered to be 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 statutes now or hereafter to be in force in the said Colony subject nevertheless to be and the same may be amended altered or repealed either wholly or in part in the manner provided in and by the said deed of settlement 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 the said deed of settlement or of this Act or of any of the laws or statutes in force for the time being in the said Colony. 3. It shall be lawful for the said corporation from time to time to extend or increase their capital for the time being by the creation allotment and disposal of new shares in the manner specified and set forth and subject to the rules regulations and provisions contained in the hereinbefore in part recited deed of settlement but so nevertheless that the total amount of all the new shares to be so from time to time created shall not together with the original capital exceed fifty-seven thousand pounds. 4. The capital or joint stock for the time being and all the funds and property of the said corporation and the several shares therein and the profits and advantages to be derived therefrom shall be and be deemed personal estate and be transmissible accordingly subject to the regulations of the said deed of settlement. 5. The corporation shall not be bound in any manner by any trusts or equitable interests or demands affecting any share or shares of the capital standing in the name of any person or persons as the ostensible proprietor thereof or be required to take any notice of such trusts or equitable interests or demands but the receipt of the person or persons in whose name or names the share 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 ILLAWAEEA STEAM NAVIGATION COMPANY. 589 conclusive discharge to the corporation for or in respect of any divi- 17 Victoria. dend or other money payable by the said corporation in respect of such shares and a transfer of the said shares by the person or persons in whose name or names such shares shall so stand shall notwithstand- ing as aforesaid be binding and conclusive as far as may concern the said corporation against all persons claiming by virtue of such trusts or equitable interests or demands Provided always that nothing herein 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 corporation in respect of any such shares or the transfer thereafter of any such shares or to direct the payment of such dividends or other money by the corporation or the transfer of such shares by the person or persons in whose name or names they may stand to such other person or persons as such Court may think fit. 6. It shall be lawful for the said corporation notwithstanding any Limited power statute or law to the contrary and notwithstanding any clause or pro- hoid'Snda'^&c. vision herein contained to purchase take hold and enjoy to them and their successors for any estate term of years or interest any houses offices buildings lands and other hereditaments necessary or proper for the purpose of managing conducting and carrying on the affairs con- cerns and business of the said corporation and also to take hold and enjoy all houses offices buildings lands and hereditaments held by the said Company before the passing of this Act and also to take and to hold until the same can be advantageously disposed of for the purpose of reimbursement only and not for profit any lands houses and other Teal estate which may be so taken by the said corporation in satisfac- tion liquidation or discharge of any debt due to the corporation or in aecurify- for any debt or liability bona fide incurred or come under pre- viously and not in anticipation or expectation of such security but not for any other purposes and to sell convey assign assure and dispose of such houses offices buildings lands hereditaments and other real estate as occasion may require. '7. It shall and may be lawful to and for all and every person and Power to other persons bodies politic or corporate who are or shall be otherwise com- conteyVeai petent to grant sell alien and convey assure and dispose of unto and to ?ftate to the the use of the said corporation and their successors for the purpose ^ aforesaid or of any of them any such houses offices lands hereditaments and other real estate whatsoever as aforesaid accordiagly. 8. The total amount of debts engagements and liabilities of the said Restriction on corporation shall not in any case exceed the amount of capital stock UabUities. subscribed and actually paid up. 9. No dividend or bonus shall in any case be declared or paid out of No dividend to the subscribed capital for the time being of the said corporation or the capM but otherwise than out of the net gains and profits of the business. ^^°p ^^^ profits 10. In any action or suit to be brought by the said corporation against Provisions as to .J .. _pi T -ji ^if actions or suits any proprietor or proprietors or any share or shares in the capital or for calls, the said corporation to recover any sum or sums of money due and payable to the said corporation for or by reason of any call or calls made by virtue of this Act or of the said deed of settlement it shall be sufficient for the said corporation to declare and allege that the defend- ant or defendants being a proprietor or proprietors of such or so many share or shares in the capital of the said corporation is or are indebted 590 ILLAWAHEA STEAM JVAViaATION COMPANY. 17 Victoria, Calls contracts &c. made or done under tha deed of settlement before this Act in operation not to 1 be prejudiced by it. Execution af^^ainst shareholders. Register of shareholders to be kept and authenti- cated yearly by Company's common seal. to the said corporation in sucli sum or sums of money as tie call or calls in arrear shall amount to for such, and so many call or calls of such or so many sum or sums of money upon such or so many share or shares belonging to the said defendant or defendants (as the case may be) whereby an action hath accrued to the said corporation 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 or any of them who made such call or calls or any other matter except that the defendant or defendants at the time of making such calls was or were a holder or proprietor or holders or proprietors of one or more share or shares in the capital of the said corporation and that such call or calls was or were in fact made and that such notice thereof and of the time fixed for the payment thereof was given as is directed by the said deed of settlement and the said corporation shall thereupon be entitled to recover what shall appear due. 11. Nothing herein contained shall prejudice or be deemed to pre- judice any call made or any contract or other act deed matter or thing entered into made or done by the said Company under or by virtue of the said deed of settlement before this Act shall come into operation but the same call contract act deed matter or thing shall be as valid and effectual to all intents and purposes as if this Act had not been passed and may be enforced in like manner as if the said Company had been incorporated before the same call contract act deed matter or thing had been made entered into or done. 12. If any execution either at law or in equity shall have been issued against the property or effects of the said corporation and if there can- not be found sufficient corporate property whereon to levy such execu- tion then such execution may be issued against any of the shareholders for the time being of the said corporation Provided always that no such execution shall issue against any such 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 sufiicient notice in writing 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 up on their respective shares it shall be lawful to any person entitled to such execution at all reason- able times to inspect without fee the register of shareholders required by this Act to be kept in the ofiioe of the said corporation and so much of the share account of such shareholders as shall be sufELcient to show the amount of their respective shares -so remaining to be paid up. 13. The corporation shall keep a book to be called " The E/Cgister of of Shareholders " and in such book shall be fairly and distinctly entered from time to time the names of the several corporations and the names and additions of the several persons entitled to shares in the Company together with the number of shares to which such shareholders shall be respectively entitled distinguishing each share by its number and the amount of the subscriptions paid on such shares and the surnames or corporate names of the said shareholders shall be placed in alpha- betical order and such book shall be authenticated by the common seal of the Company being afiixed thereto and such authentication shall take place at the first yearly general meeting of the said corporation which shall take place after the passing of this Act or at the next subsequent meeting of the corporation and so from time to time at each yearly general meeting of the Company. ILLAWAEEA STEAM NAVIGATION COMPANY. 591 14. In addition to the said register of shareholders the Company 17 Victoria. shall provide a book to be called " The Shareholders' Address Book " shareholders' in which the secretary or manager shall from time to time enter in ^g'^]J|pj''°°'^*'' alphabetical order the corporate names and places of business of the several shareholders of the Company being corporations and the sur- names of the several other shareholders with their respective christian names places of abode and descriptions so far as the same shall be known to the Company and every shareholder or if such shareholder be a corporation the clerk or agent of such corporation or any person or persons haviag a judgment at law or a decree in equity against the said corporation may at all convenient times peruse such book gratis and may require a copy thereof or of any part thereof and for every one hundred words so required to be copied the Company may demand a sum not exceeding one shilling. 15. The production of the register of shareholders shall be prima As to prooi ot facie evidence of such defendant being a shareholder and of the number holder^ **'^° and amount of his shares. 16. In the event of the assets of the said corporation being insuih- Limit to liaWU- cient to meet its engagements then and in that case the shareholders *'^'' respectively shall be responsible to an amount equal to the amount of their subscribed shares only in addition to such subscribed shares. 17. It shall not be necessary to use the corporate seal in respect in what matters of any of the ordinary business of the Company or for the appoint- no?'r°e'quired°'to ment of an attorney or a solicitor for the prosecution or defence of '^^ ™ed. any action suit or proceeding and any person duly authorized and em- powered under the corporate seal may without such seal execute any deeds and do all such other acts matters and things as may be required to be executed and done on behalf of the said corporation and in con- formity with the provisions of the deed of settlement and of this Act. An Act to alter the title of the Kiama Steam Naviga- 22 Victoeia. tion Company to that of the " lUawarra Steam Navigation Company" and in other respects to amend and extend the provisions of the Act of Incorporation of the said Company. [7 October, 1858.] WHEREAS by an Act of Council passed in the seventeenth year preamble, of the reign of her present Majesty and assented to on the third day of October one thousand eight hundred and fifty-three the Kiama Steam Navigation Company was incorporated for the purposes and with the powers therein contained And whereas the business of the said corporation has greatly increased and its sphere of action and objects have become much enlarged and extended And whereas it would therefore tend to promote the interests of the said corporation and its utility to the public to extend the powers of the said corpora- tion and to alter the name thereof as hereinafter mentioned And for these and other reasons it becomes necessary to amend and extend the provisions of the said Act of Council Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent 592 ILLAWAEEA STEAM NAVIGATION COMPANY. Corporation to be "Thellla- warra Steam Navigation Company." Surplus coal may be sold. Power to borrow. 2 ViCTOEiA, of tte Legislative Council and Legislatiye Assembly of New Soutli "Wales in Parliament assembled and by tlie authority of tbe same as follows : — 1. Prom and after tlie passing of this Act tie name of the Kiama Steam Navigation Company shall be "The Illawarra Steam Naviga- tion Company" hereinafter styled "the corporation" and all the pro- visions of the said recited Act except so far as they are altered amended or extended by this Act shall apply to the said corporation And subject as aforesaid the said recited Act and this Act shall be read as one Act and everything lawfully done or commenced previously to such passing under the said recited Act may be acted upon continued and completed in the said new name of the corporation as if done or commenced under this Act. 2. Whenever there shall be any surplus of any coal purchased by the said corporation beyond the quantity required for their own con- sumption the said corporation may sell and dispose thereof to any person or Company willing to buy the same Provided that the actual purchase money shall in every such case be carried to and form part of the capital of the said corporation. 3. It shall be lawful for the said corporation by any order of any general meeting for any lawful purpose of the said corporation to borrow and take up at interest any money not at any one time ex- ceeding in the whole the amount of ten thousand pounds nor being more than one-third jDart of the amount of capital then actually paid up and to mortgage the property of the Company as security for re- payment of such money and interest And every such mortgage shall be executed under the common seal of the said corporation and shall operate to charge with such money and interest the whole property then possessed or thereafter acquired by the said corporation any rule of law to the contrary notwithstanding And an entry of every such mortgage and of all particulars thereof shall within one week after the date thereof be entered in a book to be kept at each of the head offices of the said corporation in Sydney and in Illawarra open at all reason- able times for inspection without fee by any proprietor or creditor or person negotiating for any loan to the said corporation. 4. Every such mortgage may be lawfully transferred And the transfer shall be produced within fourteen days after the date thereof at one of the said head offices and a like entry thereof in both such offices as of the original mortgage shall be made within one week thereafter And from and after such production of which any such entry shall be evidence in all Courts the whole right and title of the transferrer shall become vested in the transferee his executors adminis- trators and assigns. Interest on mort- 5. All interest due on all moneys so raised by mortgage shall be marTcha?ges''on P^i^ half-yearly in preference to any dividend to any shareholder and profits. shall be fully discharged or provided before paying to or setting apart for any shareholder any such dividend. Mortgag-e not to 6. No such mortgagee nor any transferree of any such mortgage giveng t to vote ^-^^^-^ fcy reason of his mortgage be deemed a proprietor or acquire thereby any right or claim to vote or take part at any meeting of the said corporation. Short title. 7. The Said recited Act of Council and this Act may together be cited as " The Illawarra Steam Navigation Act." Mortgages may be transferred. 593 INYERELL PEEE CHUECH OE EASTERN AUSTRALIA LAND SALE. An Act to enable Angus Eletclier "William Wilberforce 4i Tictoma. Eraser Charles Campbell Colin Ross Peter M'Gregor and William Cameron to sell suburban allotment six of section one in tbe town of Inverell in tbe Colony of New South Wales held by them as Trustees of the Eree Church of Eastern Australia and to provide for the appropriation of the proceeds thereof. [7 June, 1878.] WHEEEAS by deed of grant from the Crown bearing date the preamble, twenty-fourth day of August in the year of our Lord one thousand eight hundred and fifty-nine under the hand of His Excel- lency Sir William Thomas Denison Knight Commander of the Most Honorable Order of the Bath Grovernor- General in and over all the Colonies of New South Wales Tasmania Victoria South Australia and Western Australia and Captain- Greneral and Grovernor-in-Chief of the Territory of New South Wales and its dependencies and the seal of the said Colony suburban allotment number six of section one in the parish of Inverell town of Inverell in the Colony of New South Wales was granted to Angus Fletcher WiUiam Wilberforce Eraser Charles Campbell CoUn Eoss Peter M'G-regor and William Cameron as trus- tees of the Eree Church of Eastern Australia and their heirs and assigns for ever And whereas the said allotment being the land des- cribed in the Eirst Schedule hereto is unsuitably situated for the pur- poses of the trusts upon which it is held And whereas since the date of the said grant the Eree Church of Eastern Australia has been amalgamated with other Presbyterian Churches under the title of the Presbyterian Church of New South Wales and all properties held by any trustees in connection with any of such churches are now held by them in connection with the General Assembly of the Presbyterian Church of New South Wales And whereas by a certain other deed of grant from the Crown under the hand of His Excellency Sir Hercules ■G-eorge Eobert Eobinson and the seal of the said Colony all that piece or parcel of land allotment one of section seventy-one in the said town of Inverell being the lands described in the Second Schedule hereto was for the consideration therein mentioned granted unto Andrew Eoss James Campbell James Jackson Eae Gibson John M'Gregor and Thomas Mather their heirs and assigns for ever upon trust for the erection and maintenance thereon of a church in connection with the General Assembly of the Presbyterian Church of New South Wales And whereas the said lands in the Second Schedule described are suit- able for the purposes for which the said lands in the Eirst Schedule described were granted And it is expedient that the lands in the Eirst Schedule hereto should be sold and that the proceeds of such sale should he laid out in the erection of a church in connection with the General Assembly of the Presbyterian Church of New South Wales upon the said lands in the Second Schedule described Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and 2p 594 INVEEELL EEEE CHURCH OE EASTERN AUSTRALIA. 41 Victoria. Power to sell lands. Power to dis- pose of proceeds, consent of the Legislative Council and Legislative Assembly of ISTew South Wales in Parliament assembled and by the authority of the same as follows : — 1. It shall be lawful for the said Angus Pletcher "William Wilber- force Eraser Charles Campbell Colin Ross Peter M'Gregor and Wil- liam Cameron or the survivors or survivor of them to sell and dispose of the lands described in the Eirst Schedule hereto by public auction or private contract and either in one lot or several lots for such price or prices as can be reasonably had or obtained for the same and to convey the same or any part or parts thereof to the purchaser or pur- chasers thereof in fee-simple freed and discharged from all trusts affecting the same and to receive the purchase money thereof And the receipt in writing of the said trustees their heirs or assigns shall absolutely discharge the purchaser or purchasers of the said land or any part or parts thereof from the purchase money payable by him or them respectively and shall exonerate him or them from seeing to the application of such purchase money and from all liability as to the misapplication or non-application thereof. 2. The said trustees their heirs or assigns shall stand possessed of all moneys arising from any and every sale or sales as aforesaid upon trust to lay out the same in the erection of a church in connection with the General Assembly of the Presbyterian Church of ISTew South Wales upon the said land described in the said Second Schedule. EIEST SCHEDULE. All that piece or parcel of land in the Colony of New South Wales containing by admeasurement one acre three roods thirty-two perches be the same more or less situated in the county unnamed parish of Inverell town of Inverell being suburban allotment six of section one Commencing at the east corner of the section and bounded thence on the south-east by Byron-street south-westerly two chains on the south-west by the north-east boundary-line of allotment five north-westerly at right angles to Byron-street nine chains and seventy-five links on the north-west by a line north-easterly parallel with Byron-street two chains to Vivian-street on the north-east by that street south-easterly nine chains and seventy-flve links t& the point of commencement. SECOND SCHEDULE. All that piece or parcel of land in the Colony of New South Wales containing by admeasurement one acre situate in the county of Gough parish of Inverell town of Inverell allotment one of section seventy-one Commencing at the southern comer of the section and bounded thence on the south-east by Granville-street north-easterly two chains on the north-east by the south-western boundary-line of allotment two appropriated for a Presbyterian manse north-westerly at right angles to Granville-street five chains to Henderson-street on the north-west by that street south-westerly parallel with Granville-street two chains to Vivian-street and on the south-west by that street south-easterly five chains to the point of commencement. 595 ISLER'S ESTATE. An Act to enable tlie Trustees of the will of Henry 36 Victoria, Isler deceased to sell certain lands situate at Grlades- Tille on the Parramatta River near Sydney being part of the real estate of the said Henry Isler and to invest the money to arise from such sale for the benefit of the parties severally interested in the said real estate under the said will. [25 April, 1873.] WHEEEAS Henry Isler late of Gladesville on the Parramatta Preamble. Eiver near Sydney deceased by his last will and teistainent bearing date the twenty-second day of August one thousand eight hundred and sixty-three after appointing John Dawson of Sydney solicitor his wife Jane Isler and his son Henry Isler trustees and executors of his said will gave and bequeathed unto them all his per- sonal estate and property wheresoever the same might be upon trust as therein mentioned to convert such portion thereof as should not consist of money or bank or insurance shares into money and after payment thereout of all his just debts and funeral and testamentary expenses to invest the same in such G-overnment real or other securities as his said trustees should deem most advisable and during the minority of his children to pay and apply the income derivable from such investments and from such portion of his estate as at the time of his death consisted of bank or insurance shares towards the maintenance and support of his said wife (so long as she should remain his widow) such part or parts thereof as should be deemed necessary to the support main- tenance education and advancement in life of his children in equal shares and proportions and upon arrival at age of the youngest of his; said children or such youngest being a female being married with the: consent of the guardian of his said children for the time being then, upon trust to divide such investments bank and insurance shares and. premises amongst his said wife and children equally the shares of his daughters thereof to be for their sole separate and individual use and. benefit and also gave and devised the real estate of which he should die seized of or' entitled to unto his said trustees and their heirs and assigns upon trust during the minority of his said children to pay and apply the rents issues and profits thereof in the same manner and upon and for the like trusts intents and purposes as were by his said will declared with respect to the application of the interests dividends and. profits to arise from his personal estate and on the arrival of his youngest of his said children at the age of twenty-one years or being a. female being married such consent as aforesaid upon trust to convey his said real estate to his said wife (if she should so long continue his. widow) and his said children share and share alike as tenants in common And the said Henry Isler declared that if his said wife- should again marry she should forfeit aU interest she took under hisi said wiU And the said Henry Isler empowered his said trustees or trustee at any time during the minority of any of his said children to sell and dispose of any unproductive part of his said real estate and 596 ISLEE'S ESTATE. 36 VicioBiA. directed that tlie proceeds derivable therefrom should he invested ia like manner as the moneys to arise from the conversion into money of his personal estate were directed to he invested and also empowered his said trustees to execute all necessary assurances for vesting the land when sold in the purchaser or purchasers thereof And the said Henry Isler authorized his said trustees to apply the whole or any part of the income of the presumptive share or shares of any child or chil- dren of his who being a son or sons should be under the age of twenty- one years or being a daughter or daughters under that age or un- married towards his her or their maintenance education or advance- ment in life And whereas the said Henry Isler died on the third day of Eehruary one thousand eight hundred and sixty-five without having revoked or altered his said will leaving his wife and five children two of whom to wit Emily Jane Isler and Elorence Marie Isler are still infants under the age of twenty-one years him surviving And whereas the residuary estate consists among other particulars of certain freehold land and hereditaments situate at GrladesviLle aforesaid and more particularly described in the Schedule hereto And whereas the aforesaid land is not unproductive land within the meaning of the before recited will so as to be affected by and subject to the power of sale thereby given over unproductive land And whereas negotiations have taken place and are still pending between the said John Dawson Jane Isler and Henry Isler as such trustees as aforesaid and the Governor with the advice of the Ex- ecutive Council with reference to the sale and purchase of the said lands in the Schedule hereto described for the purposes of the Lunatic Asylum at Grladesville aforesaid And whereas such a sale cannot be carried out without the sanction of an Act enabling the trustees in that behalf And whereas it would be advantageous to the interests of all the parties entitled to the said lands that the same should be so sold and the proceeds arising from such sale invested in the manner and upon the trusts in the said will declared with reference to the proceeds arising from the sale of the unproductive land 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. It shall be lawful for the said John Dawson Jane Isler and Henry Isler as trustees of the said will of the said Henry Isler or other the trustees for the time being of the said will to sell and dispose of the land described ia the Schedule hereto either by public auction or private contract and either in one lot or in several lots as they he or she shall think most expedient for such price or prices as they he or she shall consider most advantageous to accept for the same and when sold to do and execute all necessary and proper acts and assurances for vesting the same in the purchaser thereof freed and discharged from the trusts of the said will and the receipts of the said trustees for the moneys to arise from such sales under the powers hereby conferred shall effect- ually discharge the person paying the same thereupon and from seeing to the application thereof or from liability as to the misapplication or. non-application thereof. Moneys to arise 2. The Said John Dawson Jane Isler and Henry Isler or other invested! ° persons selling under the powers hereby conferred shall with all con- venient speed invest the moneys to arise from the sale of the said land (after deducting therefrom all the expenses attendant on such Trustees to sell and convey. JEANNEEET'S TEAMWAT. 597 sale) in like manner and upon such trusts for the widow and children 36 Victoma. of the said Henry Isler as are hy the said will declared concerning the proceeds that should arise from the sale of any unproductive part of the real estate of the said Henry Isler in the exercise of the power of sale thereby given in respect thereof. 3. This Act may be cited as " Isler's Estate Act." Title of Act. SCHEDULE. All that parcel of land containing by admeasurement three roods thirteen perches situate in the county of Cumberland parish of Hunter's Hill at Gladesville Com- mencing on the eastern side of the road from the Old Ferry to Gladesville and Ryde at the south-western corner of Folkard's land and bounded thence on the north-east by the south-western boundary-line of that land bearing south-easterly two chains and eighty links to a road dividing it from part of the Lunatic Asylum grounds on the south-east by that road bearing south-westerly five chains and forty-three links on the south-west by a line bearing north-westerly forty-one links to the first-mentioned road and on the west by that road bearing northerly five chains and fifty-four links to the point of commencement. Also all that parcel of land containing by admeasurement two acres one rood twenty-three perches situate in the county of Cumberland parish of Hunter's Hill at Gladesville Commencing at the junction of the eastern side of the road from the Old Ferry to GladesviUe and Ryde with the southern side of a proclaimed road from Gladesville to Hunter's Hill and bounded thence on the north by the last-mentioned road bearing easterly eight chains and forty links to a road dividing it from part of the Lunatic Asylum grounds on the south-east by that road bearing south-westerly five chains and thirty-six links on the south-west by the north- eastern boundary-line of Folkard's land bearing north-westerly four chains and eleven links to the first-mentioned road and on the west by that road bearing northerly three chains and ninety-nine links to the point of commencement. JEANNERET'S TEAMWAY. An Act to authorize tlie construction and maintenance 45 VicroELi. of a Tramway along George-street Parramatta. [9 August, 1881.] WHEEEAS Charles Edward Jeanneret of Hunter's Hill in the Preamble. Colony of New South Wales is the proprietor of a certain line of steamers and of certain wharves or landing places for steamers on -the Parramatta Eiver in the vicinity of the termination of George-street Parramatta And whereas for the purpose of facilitating communica- tion between the said wharves or landing places and the western end of the town of Parramatta the said Charles Edward Jeanneret is desirous of constructing a tramway from the said river along G-eorge-street Parra- matta as far as the extreme western termination thereof And whereas the Borough of Parramatta have consented to the construction of such ■proposed tramway but such tramway cannot be made without legisla- tive authority And whereas the increased facilities of communication and traffic which would result from the construction of the said pro- posed tramway would be for the public convenience and benefit and it is desirable to authorize by legislative enactment the construction of the said proposed tramway subject to the provisions hereinafter con- tained Be it therefore enacted by the Queeu's Most Excellent Majesty by and with the advice and consent of the Legislative Council and 598 JEANNEEET'S TEAMWAT. Authority to construct tramway. Entry upon street &c. 45VICT0EIA. Legislative Assembly of New South Wales in Parliament assembled and by authority of the same as follows : — 1. It shall be lawful for the said Charles Edward Jeanneret his heirs execators administrators or assigns upon the terms and conditions and subject to the provisions hereinafter contained to make and construct a tramway for conveying passengers and their luggage and other goods and merchandise from the said wharves or landing places on the Parra- matta Eiver from the said river along Q-eorge-street Parramatta afore- said as far as the extreme western termination of the said street and to take and use so much of the said street as may be required for the purjjoses of such tramway but so that the same shall not occupy in any part thereof a greater space in breadth than eight feet six inches including the support and foundations thereof Provided that the said tramway shall be constructed and brought into use within two years from the passing of this Act and the same shall be constructed in a proper and workmanlike manner. 2. The said Charles Edward Jeanneret his heirs executors adminis- trators or assigns shall have all necessary rights of ingress and egress to and over the surface of Greorge-street aforesaid as are required for the construction repair completion and use of the said tramway Pro- vided that nothing herein contained shall impair or be held to impair the lawful authority of the Borough of Parramatta or of any other cor- poration Company or person to make all entries and exercise all other powers necessary for the construction maintenance and preservation of gas-works water-works sewerage-works and other works lawfully con- structed underground. 3. The gauge of the said tramway shall be the same gauge as the Government tramways. 4. The tramway shall throughout its course be laid at about the general level of Q-eorge-street with rails subject to the approval of the Borough Council of Parramatta and the said Charles Edward Jeanneret his heirs executors administrators or assigns may with the consent of the said Council alter and improve the levels of the said street Pro- vided that all expenses incurred in the re-formation of the said street so altered and improved shall be borne by the said Charles Edward Jeanneret his heirs executors administrators or assigns unless other- wise agreed upon. 5. The said tramway shall be open to public use upon payment of the tolls or charges following that is to say : — ■ Eor passengers a sum not exceeding threepence per head each way. Eor goods a sum not exceeding one shilling per ton. 6. The said Charles Edward Jeanneret his heirs executors adminis- trators and assigns shall maintain in perfect order and repair the said tramway and the pavements of the same between the rails of the said tramway and for the space of one foot six inches on each side of such rails. 7. The said Charles Edward Jeanneret his heirs executors adminis- trators and assigns shall immediately repair any damage which may during or by reason of the construction of the said tramway be occa- sioned to any sewer or drain or gas or water main or other property and shall also repair all damages which may be occasioned by the working of the said tramway. 8. It shall be lawful for the said Charles Edward Jeanneret his heirs executors administrators and assigns subject as aforesaid to use Gauge. Level. Tramway to be open to public. Maintenance of roads. Repair of damage to sewers &c. Locomotives to be employed. JEANNEEET'S TEAMWAT. 599 and employ locomotive engines or other moving power and carriages 45 "Victokia. and waggons to be drawn or propelled thereby and to carry and convey upon the said tramway all such passengers and goods as shall be offered for that purpose and to charge the tolls and charges in. respect thereof as above specified Provided that all such tolls and charges be at all times charged equally to all persons and after the same rate in respect of all passengers and of all goods of the same description and no reduction or advance in any such tolls shall be made either directly or indirectly in favour of or against any particular Company or person travelling upon or using the said tramway. 9. Nothing in this Act contained shall extend to charge or make Liability of liable the said Charles Edward Jeanneret his heirs executors adminis- ''''™®"- trators and assigns further or in any other case than where according to the laws of this Colony stage-coach proprietors and common carriers would be liable nor shall extend in any degree to deprive the said Charles Edward Jeanneret his heirs executors administrators and assigns of any protection or privilege which common carriers or stage- coach proprietors may be entitled to but on the contrary the said Charles Edward Jeanneret his heirs executors administrators and assigns shall at all times be entitled to the benefit of every such pro- tection and privilege. 10. The tolls shall be paid to such persons and at such places upon Toils to be paid or near to the tramway and in such manner and under such regulations ^ as the said Charles Edward Jeanneret his heirs executors adminis- trators or assigns shall appoint. 11. It shall be lawful for the said Charles Edward Jeanneret his Regulations for heirs executors administrators or assigns from time to time subject to the approval of the Borough Council of Parramatta and subject to the provisions and restrictions in this Act contained to make regulations for the following purposes that is to say — Eor regulating the times of the arrival and departure of the cars and carriages. Eor regulating the loading or unloading of such cars and carriages. Eor preventing the smoking of tobacco and the commission of any nuisance in or upon such ears or carriages or any of the tramway stations waiting-rooms or premises. And generally for regulating the travelling upon or using and working the said tramway and the maintenance of good order and for regulating the conduct of the tramway officers and servants and for providing for the due management of the said tramway and the protection thereof and the cars carriages and waiting-rooms offices and premises from trespass and injury. But no such regulation shall authorize the closing of the said tramway between sunrise and sunset except at any time when in consequence of any of the works being out of repair or from any other sufficient cause it shall be necessary to close the said tramway or any part thereof. 12. It shall be lawful for the Secretary for Public Works on behalf Power for the of the Grovernment and also for the Borough Council of Parramatta Borough Council at any time by notice in writing to require the said Charles Edward pufehisrtram-*^ Jeanneret his heirs executors administrators or assigns to sell and way. thereupon the said Charles Edward Jeanneret shall sell to the Q-overn- ment or Borough Council of Parramatta as the case may be the said 600 JEWISH STFAGOGFE AND SCHOOLS. 45 VicTOBiA. tramway upon the terms of paying the then value (exclusive of any allowance for past or future profits of the said tramway or any comr pensation for compulsory sale or other consideration whatsoever) of the said tramway and all lands buildings works materials and plant of the said Charles Edward Jeanneret his heirs executors administrators op assigns suitable to and used by him or them for the purposes of the said tramway such value in case of difference to be ascertained by appraisement in manner directed by the twenty-third section of the Crown Lands Occupation Act 1861 and subject to the terms and con- ditions therein contained Provided that the word " Minister" in the said Act shall for purpose of appraisement ,under this Act mean the Secretary for Public Works for the time being in case of a sale to the Grovemment as hereinbefore provided and shall mean the Mayor or the Council Clerk or any Alderman or Of&cer of the Borough Council of Parramatta appointed by such Council in case of a sale to the said Borough of Parramatta And when any such sale shall have been made to the said G-overnment the said tramway lands buildings works materials plant and premises shall vest in the Commissioner of Rail- ways who shall have all the rights powers and authorities of the said Charles Edward Jeanneret his heirs executors administrators and assigns in respect to the said tramway so sold and shall also have thg: rights powers and authorities and be subject to the provisions con- ditions and obligations conferred and imposed by the Eedfern to Hunter-street Tramway Act of 1879 Provided always that the words "Borough of Parramatta" shall for such purposes be read as substi^ tuted for the words "Municipal Council of the City of Sydney" whenever the said words occur in the said last-mentioned Act And when any such sale shall have been made to the said Borough of Par- ramatta the said tramway lands buildings works materials plant and premises shall vest in the said Borough of Parramatta and the said borough shall have all the rights powers and authorities and be subject to the conditions provisions and obligations conferred and imposed by this Act including the liability to sell to the Government if so required by notice under this section. Short title. 13. This Act may be cited for all purposes as " Jeanneret's Tram- way Act." JEWISH SYNAGOGUE AND SCHOOLS. 36 VicTOKiA. An Act to make provision for the sale and disposition and for the application of the proceeds of certain lands and hereditaments in the City of Sydney held upon trusts for a Jewish Synagogue and School and for the appointment of Trustees for such purposes and to declare the trusts of lands and premises appropriated for a Jewish Synagogue and School. [12 Augiist, 1872.] WHEEEAS by a deed of grant bearing date the seventh day of May one thousand eight hundred and fifty under the hand of His Excellency Sir Charles Augustus Fitz Eoy Knight Captain- General and Governor-in-Chief of the Colony of New South Wales and the seal Preamble. JEWISH SYNAaO&UE AND SCHOOLS^ 601 of the said Colony Her Majesty Queen Victoria did thereby grant unto 36 Victoria. Isaac Levey Moses Josepli Lawrence Spyer and Elias Moses their heirs and assigns All that piece or parcel of land mentioned and described in Schedule A hereunder upon trust for the erection thereon of a school- house for the use of the members of the Jewish faith and for no other purposes whatsoever And whereas by an indenture bearing date the first day of December one thousand eight hundred and forty-two made between Moses Joseph of the first part Lewis Barnett a trustee for the purpose thereinafter mentioned of the second part and the said Moses Joseph Isaac Simmons John Isaacs Israel Solomon and Abra- ham Elias thereinafter designated trustees of the third part reciting that the said Isaac Simmons John Isaacs Israel Solomon and Abraham Elias for and on behalf of themselves and of all other the members of the Jewish persuasion in the Colony aforesaid with and out of certain moneys placed in their hands for that purpose by various members of the said Jewish persuasion had contracted with the said Moses Joseph for the purchase of the land thereinafter described or appointed and released the said Moses Joseph thereby appointed and also granted bargained sold released and confirmed all those several and respective parcels of land and hereditaments mentioned and described in Schedule B hereunder unto the said Lewis Barnett and his heirs to the use of the said trustees their heirs and assigns for ever biit nevertheless upon the trusts and for the ends intents and purposes and with under and subject to the powers provisions declarations and agreements therein- after expressed and declared concerning the same that is to say upon trust as a site for the erection of a building or synagogue thereon for the performance of public worship according to the ritual of the Jewish persuasion and for such other purposes matters and things connected therewith as are usual and customary and when and so soon as such building and other erections appurtenant thereto should have been made thereon then in trust for themselves the said trustees and all other the members of the Jewish persuasion in the Colony of New South Wales aforesaid as a synagogue for the performance of public worship according to the rites of the Jewish persuasion for ever And whereas by a deed of grant bearing date the thirtieth day of March one thousand eight hundred and forty under the hand of His Excellency Sir George Gipps Knight Captain- General and Governor-in-Chief of the Colony of New South Wales and the seal of the said Colony Her Majesty Queen Victoria did thereby grant unto Simon Lear of Macquarie-street Sydney his heirs and assigns all that parcel of land therein mentioned and described hereunder And whereas by an in- denture bearing date the seventeenth day of May one thousand eight hundred and forty-two made between the said Simon Lear of the one part and Jean Malcolm of the other part the parcel of land comprised in the lastly hereinbefore recited deed of grant with the appurtenances were granted and released unto and to the use of the said Jean Malcolm her heirs and assigns subject to a proviso for redemption contained in the said reciting indenture upon payment on the seven- teenth day of May one thousand eight hundred and forty-three of the sum of three hundred pounds with interest thereon as therein mentioned And the now reciting indenture contains a proviso enabling the said Jean Malcolm her heirs executors administrators or assigns upon default in payment of the principal money or interest thereby secured to sell and dispose of the land and hereditaments hereby assured or any part thereof by public auction or private contract as she or they should think 602 JEWISH STNAGOG-TJE AND SCHOOLS. 36 Victoria, fit And wliereas the said Simon Lear hj his last will and testament bearing date the seventeenth day of September one thousand eight hun- dred and forty-seren devised unto Abraham Polaek James Simmons and the said Moses Joseph and their heirs (amongst other hereditaments) All that the said parcel of land mentioned and described in the Sched- ule C hereunder upon trust for the benefit of his wife Elizabeth Lear for life and after her death as to the said land mentioned and described in Schedule C in trust for the trustees or trustee for the time being of the Jewish synagogue in Sydney for the maintenance of the said synagogue and the public worship therein And whereas the said Simon Lear died on or about the eighteenth day of September one thousand eight hundred and forty-seven without having revoked or altered his said will and the said Elizabeth Lear the wife of the said Simon Lear died in or about the month of January one thousand eight hundred and fifty And whereas by another indenture bearing date the twenty-first day of May one thousand eight hundred and forty-nine made between the said Jean Malcolm of the one part and Isaac Levey and Elias Moses of the other part reciting that there was then due and owing to the said Jean Malcolm under and by virtue of the hereinbefore recited indenture of mortgage the sum of two hundred and fifty-two pounds ten shillings for principal and interest in consideration of the sum of two hundred and fifty-two pounds ten shillings expressed to have been paid by the said Isaac Levey and Elias Moses to the said Jean Malcolm all and singular the lands and hereditaments comprised in and assured by the hereinbefore recited indenture of mortgage were granted and released unto and to the use of the said Isaac Levey and Elias Moses their heirs and assigns subject to the equity of redemption subsisting therein And whereas the moneys expressed to have been paid in the lastly hereinbefore recited indenture by the said Isaac Levey and Elias Moses were moneys paid by them belonging to the Sydney Synagogue Tork-street or contributed by the members thereof And whereas by another indenture bearing date the eleventh day of January one thousand eight hundred and fifty-one made between the said Isaac Levey and Elias Moses of the one part and John "Williams of the other part a portion of the land and hereditaments comprised in the lastly hereinbefore recited deed of grant were in exercise of the power of sale contained in the hereinbefore recited indenture of mortgage granted and released unto and to the use of the said John Williams his heirs and assigns leaving the premises comprised in the Schedule C hereunder subject to the trust declared by the will of the said Simon Lear deceased And whereas by a memorandum of transfer under the Heal Property Act bearing date the twenty-eighth day of Eebruary one thousand eight hundred and seventy-one and numbered five thousand eight hundred and twenty-two under the hands of James Tabar and Greorge Tabar in consideration of the sum of two thousand pounds paid to them by John Solomon Moses Moss and David Lawrence Levy the piece or parcel of land and hereditaments mentioned and described in the Schedule D hereunder situate in Elizabeth and Castlereagh Streets Sydney were transferred to the said John Solomon Moses Moss and David Lawrence Levy their heirs and assigns and a certificate of title bearing date the twenty-first day of March one thousand eight hundred and seventy-one registered volume one hundred and seventeen folio seventy-seven has been issued under the Heal Property Act to the said John Solomon Moses Moss and David Lawrence Levy as the registered proprietors in joint tenancy of the said land and hereditaments JEWISH SYNAGOGUE AND SCHOOLS. 603 And AYhereas tlie purchase money of the said lands and heredita- 36 Victoeia. ments has been paid by the said John Solomon Moses Moss and David Lawrence Levy partly with certain trust moneys being a sum voted by the Legislative Assembly of New South "Wales on the twelfth day of April one thousand eight hundred and seventy as a compen- sation to the Jewish community for certain lands and hereditaments in Kent-street Sydney some years since appropriated by the Govern- ment of New South Wales as a site for the erection thereon of a synagogue but subsequently otherwise granted by the Crown and partly out of moneys contributed by members of the Jewish community towards the erection of a new synagogue building or buildings and the said land and hereditaments mentioned and described in the Schedule D hereunder were so purchased and transferred to the said John Solomon Moses Moss and David Lawrence Levy as trustees for the Jewish community in the Colony of New South Wales of the said land and hereditaments for the erection of a new synagogue building or build- ings thereon And the nomination of the said John Solomon Moses Moss and David Lawrence Levy was confirmed and their appointment as such trustees determined by a resolution adopted at a public meeting of the Jewish community held at the Masonic Hall York- street Sydney on the thirteenth day of March one thousand eight hundred and seventy-one at which meeting the promoters of this Bill were also appointed a committee with power to add to their number for carrying out a resolution adopted at such meeting for the erection of a place of worship upon the said land and hereditaments mentioned and described in the said Schedule D hereunder And whereas Isaac Levey one of the trustees named in the hereinbefore recited deed of grant of the said land mentioned and described in the said Schedule A hereunder died on or about the thirtieth day of May one thousand eight hundred and sixty and Moses Joseph and Lawrence Spyer other trustees named in the said deed of grant have been for some time past and now are permanently resident out of the Colony of New South Wales and the said Elias Moses the other trustee named in the said deed of grant has long been resident out of the Colony or distant from Sydney aforesaid And whereas the said Moses Joseph and Israel Solomon two of the said trustees of the said parcels of land mentioned and described in the said Schedule B hereunder have been for some time past and now are permanently resident out of the said Colony And the said Isaac Simmons another of the said trustees never accepted or acted in the trusts of the said indenture of the first day of December one thousand eight hundred and forty-two And the said John Isaacs another of the said trustees is willing to be discharged from the trusts of the said indenture And the said Abraham Elias the other trustee named therein died on or about the eighteenth day of August one thousand eight hundred and fifty-six and there has been no appoint- ment of any new trustee or trustees under the power contained in the said indenture And whereas the said land mentioned and described in the said Schedule A hereunder is ineligible as a site for a school- house for members of the Jewish faith and it would be for the benefit and advantage of all members of the Jewish faith in the Colony of New South Wales that the said land should be sold and the proceeds applied in or towards procuring suitable school premises or that the same should be exchanged for other more suitable premises And whereas the said parcels of land mentioned and described in the Schedule B hereunder and the buildings erected thereon are now 604 JEWISH SYNAGOGUE AND SCHOOLS. 36 Victoria. insuiEcient in accommodation for the purposes of a synagogue and members of the Jewish community in the city of Sydney have recently contributed largely and subscribed funds for the erection of a new synagogue building or buildings on the site of land mentioned and described in the Schedule D hereunder and it has been determined to proceed forthwith with the erection thereof And whereas it is desir- able and expedient and it would be for the benefit and advantage o£ the members of the Jewish community in the said Colony that the said parcels of land and hereditaments respectively mentioned and described in the said Schedules B and C and the buildings and erections on the said hereditaments mentioned in the said Schedule B should be disposed of and that the proceeds or value thereof should be applied in or towards the erection of the said new synagogue building or buildings but there is no power under the hereinbefore recited in- denture of the first day of December one thousand eight hundred and forty -two to dispose of the said properties And whereas it may be found more advantageous to exchange and it would be for the benefit of all members of the Jewish faith in the Colony of New South Wales that the trustees hereinafter mentioned should have the power of exchanging the said parcel of land mentioned and described in the said Schedule A hereunder for the said parcels of land mentioned and described in the said Schedule B hereunder and the buildings and erections thereon in order that the said lastly-mentioned premises might thenceforth be held for a Jewish School for the members of the Jewish faith in the said Colony for which purpose such lastly-mentioned premises are specially adapted and should also have the power in the event of making such exchange of selling the said parcel of land mentioned and described in the said Schedule A hereunder and of applying the moneys to arise from any such sale in or towards the erection of the said new synagogue building or buildings And whereas it is expedient that the vacancies in the trusts of the said several hereditaments should be filled up and other trustees appointed in lieu of those absent from the said Colony and residing at a distance from Sydney as aforesaid and that for the purposes of carrying out all the said objects hereinbefore men- tioned it is expedient to appoint one set of trustees for all the said several parcels of land and premises mentioned and described in the said several Schedules A B and C hereunder And whereas it is ex- pedient to declare fully and effectually the trusts upon which any Jewish school-house and school premises should be held And to declare fully and effectually the trusts upon which the trustees herein- after mentioned should hold the said land and hereditaments mentioned and described in the Schedule D hereunder and the building or build- ings to be erected thereon And to declare the trusts of all future pro- perties given devised or bequeathed upon trusts not fully expressed to or for the maintenance of the said new synagogue And also to make provision for filling up all future vacancies in the offices of trustees of all and every the said properties 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 : — Appointment of 1- John Solomon of Alberto-terrace Sydney Esquire Moses Moss of new trustees. Wynyard-lane Sydney merchant and David Lawrence Levy of Pitt- street Sydney solicitor shall henceforth be trustees of all the several parcels of land mentioned and described in the said several Schedules JEWISH SYNAGOGUE AND SCHOOLS. 605 A B and C hereunder and of all buildings erections and appurtenances 36 Victoeia. ttereon and thereunto appertaining in lieu of tlie several persons respectively named in tte hereinbefore recited deed of grant indenture and will respectively and the said several lands hereditaments and premises shall henceforth be vested in the said John Solomon Moses Moss and David Lawrence Levy their heirs and assigns for an absolute estate of inheritance in fee-simple upon the trusts and to and for the ends intents and purposes and with under and subject to the powers and provisoes herein expressed and contained. 2. It shall and may be lawful for the said trustees at any time after Powers of sale the passing of this Act to sell and dispose of all and singular the here- inbefore mentioned lands and premises or any or either of them by public auction or private contract either in one or several lots as the said trustees shall deem most expedient for such price or prices as can be reasonably had or obtained for the same and upon such terms and conditions of sale as they the said trustees shall deem expedient with power to buy in the said lands hereditaments and premises or any or either of them or any part or parts thereof at any auction sale or to rescind or vary the terms of any contract for sale without being responsible for any loss to be occasioned thereby and when sold to convey the said lands hereditaments and premises or any or either of them or any part or parts thereof to the purchaser or purchasers of the same in fee-simple freed and discharged from the trusts affecting the said lands hereditaments and premises sold or disposed of And the receipt or receipts in writing of the said trustees shall absolutely discharge the purchaser or purchasers of the lands hereditaments and premises sold for the purchase money payable by him her or them respectively and shall exonerate him her or them from seeing to the application of the purchase money for the same and from liability for the misapplica- tion or non-application thereof. 3. It shall and may be lawful for the said trustees to allow any power to sell on purchaser or purchasers of all or any of the said lands hereditaments <"'^'i>'- and premises hereinbefore described or any part or parts thereof credit for any period not exceeding three years for the payment of the whole or part of his her or their purchase money upon such terms as to in- terest or otherwise as the said trustees may deem reasonable and proper Provided that such lands hereditaments and premises shall remain unconveyed or shall be rendered a security by charge mortgage or otherwise for so much of the purchase money thereof as shall remain unpaid together with interest thereon until payment thereof in lien of the said trustees as vendors continuing notwithstanding any arrange- ment as to or security for the purchase money or any part thereof remaining unpaid. 4. The said trustees shall stand possessed of the net moneys to arise Application of from any sale of the said lands hereditaments and premises mentioned p™'"^^'!^ "' ^'^^^ and described in the said Schedule B hereunder or any part thereof (in the event of the same premises or any part thereof being sold) and also ■of the net moneys to arise from the sale of the said parcel of land hereditaments and premises mentioned and described in the said Schedule hereunder upon trust to apply the same at such time or i;imes as they shall think fit in or towards the erection of a new syna- gogue building or buildings subject in all respects to the direction and control of the said committee appointed at the said public meeting 606 JEWISH STNAGOaUE AND SCHOOLS. Power of exchange. 36 VicTOKiA. teld on the thirteentli day of Marcli one thousand eight hundred and seventy-one And in the event of the said parcel of land hereditaments and premises mentioned and described in the said Schedule B hereunder- and the said buildings thereon not being exchanged and substituted for the said parcel of lands and hereditaments mentioned and described in the Schedule A hereunder then the said trustees shall stand possessed of the net moneys to arise from any sale of the said land and heredita- ments mentioned in the said Schedule A or any part thereof upon trust to apply the same at such time or times as they shall deem expedient in or towards the purchase of other lands and hereditaments with or without buildings thereon as a site for or for the purposes of a school-house for members of the Jewish faith in the city of Sydney and also in or towards the erection upon any land so purchased of a school-house or also in the alteration or adaptation to the purposes of such school-house of any buildings upon any land so purchased or if required by the said committee shall apply such proceeds of sale in providing suitable school-rooms or premises in connection with a new synagogue building. 5. If the said trustees shall be required so to do by the said com- mittee it shall be lawful for the said trustees their heirs and assigns to exchange and substitute the said parcels of land hereditaments and premises mentioned and described in the said Schedule B and the buildings and erections thereon for the said parcel of land and heredit- aments mentioned and described in the said Schedule A and in the event of such exchange the said parcels of land hereditaments and premises mentioned and described in the said Schedule B shall be applied and used for the purposes of a school-house or school premises for members of the Jewish faith in the said city of Sydney. 6. Any such school-house and premises whether purchased or pro vided under and according to the provisions of the fourth section of this Act or established on the said parcels of land hereditaments and premises mentioned and described in the said Schedule B shaU be held in trust for the purposes of a Jewish school subject to the immediate control of the duly constituted Local Board of the Jewish Denomina- tional School in Sydney or in the district of the city of Sydney within which the said premises may be situate and subject to the regulations for the time being of the said Board in accordance with the Public Schools Act thirtieth Victoria number twenty-two and subject in all respects to the regulations of the Council of Education appointed under the said Act And in the event of there being at any time no certified Jewish Denominational School in Sydney then such school premises shall be held in trust for the purposes of a Jewish School subject to any regulations which may from time to time be made by subscribers of the Jewish faith in support thereof. Appiicatio^n of^^ 7. In the event of the said parcels of land and hereditaments men- on°church Hu" tioned and described in the said Schedule B and the buildings and LxchanTe™* °' erections thereon being exchanged and substituted for the said parcel of land mentioned and described in the said Schedule A the said trustees shall stand possessed of the net moneys to arise from any and every sale or sales of the said lands hereditaments and premises mentioned and described in the said Schedule A upon trust to apply the same in or towards the erection of a new synagogue building or buildings in manner and subject as aforesaid. Trust of school premises. JEWISH SYNAGOGUE AND SCHOOLS. 607 8. The said land and hereditaments mentioned and described in the 36 Victoria. Schedule D hereunder shall be held by the said trustees upon trust as Trusts of land in a site for the erection thereon of a new synagogue building or buildings cSereLh"^ according to the directions of the committee constituted by the said streets Sydney public meeting held on the thirteenth day of March one thousand eight synago^ur hundred and seventy-one And from and after the erection of such buildings, building or buildiags and the consecration of the said new synagogue the said land hereditaments and premises shall subject to the provisions of section six of this Act as to any school premises provided in con- nection therewith be held upon trust as a synagogue for the members of the Jewish community of the Colony of New South Wales and for the performance of public worship therein by members of the Jewish faith subject to the direction and control and subject to the laws and regulations made from time to time by the Board of Management for the time-being of the said new synagogue to be elected after the first election hereinafter provided for by the seatholders thereof in accord- ance with such laws and regulations the first Board of Management of the said new synagogue for the current Jewish year to consist of a president treasurer and eight committee-men elected by ballot and by a majority of votes by the subscribers of the Jewish faith to the said fund taken personally or by proxy at a public meeting to be convened three months prior to the consecration of the said synagogue by fourteen days previous notice published in two Sydney newspapers such election to be made from the persons nominated for election to such Board of Management at a public meeting of the said subscribers to be held one month previous to the said meeting for election and to be convened by seven days previous notice in two Sydney newspapers and in taking the votes at such meeting for election every individual subscriber to the amount of one pound shall be entitled to a vote and every subscriber contributing to the amount of ten pounds shall be entitled to two votes and also to a further vote for every additional ten pounds con- tributed. 9. AU properties real and personal hereafter given devised or be- Trust of future queathed to or for the said new synagogue shall unless there be the or°i3equ'4\hed to expression of anv contrary intention in the deed of gift will or other synagogue with . \ , . . •' T . . '^ ^ XI • J.1 • ■ power of sale. instrument giving devising or bequeathing the same or any provision therein inconsistent herewith be conveyed assigned or otherwise assured to the said trustees and unless otherwise provided for by the said deed of gift wUl or other instrument shall be applied towards the erection of or the support or maintenance of the said new synagogue according or subject to the direction of the said Board of Management and subject to any provisions in any deed wHl or instrument conveying assigning devising or bequeathing the same and so far as shall not be inconsistent with any such deed will or instrument it shall and may be lawful for the said trustees at any time when required so to do by the said com- mittee and after the consecration of the said new synagogue when re- quired to do so by the Board of Management for the time being of the said synagogue elected as aforesaid to sell and dispose in manner here- inbefore mentioned of any such real or personal property or of any part or parts thereof with power to convey assign or otherwise assure the same when sold to the purchaser or purchasers thereof with the like full and discretionary powers upon the sale or sales of any such property as are hereby conferred as to the lands and hereditaments described in the Schedules A B and C hereunder with the like power to give receipts to any purchaser or purchasers which shall in like 608 JEWISH STNAGOaUE AND SCHOOLS. Appointment from time to time of new trustees. 36 ViCTOBiA. manner discharge Mm her or them for the purchase money payable and shall exonerate him her or them from seeing to the application or from liability for the misapplication or non-application thereof. 10. Whenever and so often as any one or more of the said trustees or any trustee appointed under the provisions of this Act shall die or resign his ofiBce of trustee or shall go to reside out of the Colony of New South Wales or reside one hundred miles distant from Sydney for a period of twelve months it shall be lawful for the surviving or other continuing trustees or trustee or for the last retiring trustee or for the acting executors or administrators of the last surviving or contiauing trustee by instrument in writing to appoint any person or persons nominated for the purpose by the said committee and after the conse- cration of the said new synagogue by the Board of Management for the time being of the said synagogue to be a new trustee or new trustees in the place of the trustee or trustees so dying resigning going to reside out of the Colony or residing so distant from Sydney as aforesaid and so often as any new trustee or trustees shall be so appointed as afore- said the trust premises which for the time being shall be vested in the surviving or continuing trustees or trustee or the last retiring trustee or the heirs executors or administrators of any such surviving or continuing trus- tee shall by virtue of such appointment and without other assurance in the law become and be conveyed and transferred so that the same shall there- upon become and be legally and effectually vested in such new trustee or trustees either solely or jointly with the surviving or continuing trustees or trustee as the case may require and every new trustee to be appointed as aforesaid shall have the like powers authorities and dis- cretions and shall and may in all respects act as if he had been originally appointed a trustee by this Act. 11. Wherever the expression " the said trustees" occurs or is used in this Act such expression shaU be construed and taken to mean and include any trustees of the said trust premises whether original or substituted. Title of Act. 12. This Act may be cited as the "Jewish Synagogue and Schools Act of 1872." Construction of word*'truBtee." SCHEDULES. SCHEDULE A. All that piece or parcel of land in the Colony of New South Walea containing hy admeasurement sixteen and one quarter perches be the same more or less situated in the county of Cumberland parish of St. Philip and city of Sydney being allotment number twenty-iive and part of number twenty-six on Church Hill Commencing at the intersection of Charlotte-place with Princes-street and bounded on the south by Charlotte-place bearing west fifteen degrees south sixty-seven feet three inches on the west by a lane sixteen feet wide bearing north fifteen degrees west fifty -nine feet on the north by a line bearing east fifteen degrees north eighty-six feet three inches and on the east by the building-line of Princes-street sixty-two feet southerly to the commencing comer. SCHEDULE B. All that parcel of land situated in York-street in the parish of St. Andrew in the city of Sydney being lot V Commencing at the building-line of that street and bounded on the south by lot B bearing westerly ninety-six feet six inches to Market-row on the west by Market-row bearing northerly eighteen feet on the north by lot D being a line bearing easterly ninety-four feet eight inches to the building-line in York-street on the east by the said building-line in York-street bearing about south to the north-east corner of lot B eighteen feet which corner is the point of commencement And also all that parcel of land situate in York-street JOADJA CEEEK EAILWAT. g09 aforesaid being lots A and B according to a plan exhibited at the sale thereof con- 36 Victoeia. taming eleven perches and one half of a perch bounded on the south by the pro- perty of Mr. Joseph Nobbs commencing at the building-line in York-street bearing according to the deed of grant west' eleven degrees south one hundred feet six inches on the west by Market-row bearing north eleven degrees fifty minutes west thirty feet ten inches or twenty-nine feet two inches from the northern side of the wall on the rorth by lot C bearing east fourteen degrees forty-five minutes north ninety-six feet six inches to the building-line in York-street and on the east by the said building-line bearing according to the deed of grant south fifteen degrees fifteen minutes east thirty-eight feet six inches to the commencing point. SCHEDULE C. All that allotment or parcel of land in the Colony of New South Wales contain- ing by admeasurement twenty-one perches situated in the town of Sydney parish of St. James and county of Cumberland allotment number five of section number forty-one and bounded on the east by the building-line of Macquarie-street bearing north three degrees fifteen minutes west seventy-nine links on the north by allot- ment number six bearing west four degrees north one hundred and thirty-eight links on the west by allotments numbers twenty-five and twenty-six bearing south three degrees thirty minutes west eighteen and a quarter links then west thirty links then south three degrees thirty minutes west sixty-two links and on the south by allotment number four bearing east one hundred and seventy-six links being the allotment advertised in the name of Simon Lear as number six in the Govern- ment notice dated the tenth day of February one thousand eight hundred and forty less All that parcel of land being portion of the above-mentioned allotment bounded on the east by Macquarie-street commencing at the north-east corner of lot four and bearing north three degrees fifteen minutes west two feet ten inches on the north by a line bearing west one hundred and sixteen feet on the west by a line bearing southerly two feet ten inches to the north-west corner of the said lot number four and on the south by a line bearing east being the north boundary of lot four aforesaid one hundred and sixteen feet one inch to the point of commence- ment being the land conveyed to the said John Williams by the indenture of the eleventh day of January one thousand eight hundred and fifty-one hereinbefore mentioned. SCHEDULE D. All that piece of land situated in the city of Sydney parish of St. James and county of Cumberland containing thirty-five perches or thereabouts Commencing on the western side of Elizabeth-street at the south-eastern corner of land of the Oddfellows Society and bounded on the north by that land bearing westerly two hundred and twenty-eight links to Castlereagh-street on the west by that street bearing southerly ninety -six links to land of the lateT. Flood on the south by that land bearing easterly two hundred and twenty-eight links to Elizabeth-street aforesaid and on the east by that street bearing northerly ninety-seven links to the point of commencement being allotment number fifteen of section thirty-three delineated on the public map of the said city deposited in the office of the Surveyor- General originally granted to Thomas Taber the elder by Crown grant dated the twelfth day of July one thotisand eight hundred and thirty-nine. JOADJA CREEK RAILWAY., An Act to enable the-' Austraiompeteffrosene (^T^nd 43 Ticrosii Mineral Company (Liniitr[J^J®g®''*construct a Rail- way to connect the Jo^^^r-^^Jreek Tramway with the Great Southern Railway and for other purposes. [18 March, 1880.] / WHEEEAS the Australian Kerosene Oil and Mineral Company preamble. (Limited) being a joint stock Company duly registered and incorporated under and in accordance, with the provisions of the Com- panies Act (hereinafter called the said Company) is possessed of or entitled to certain large tracts of land situate on and near Joadja Creek 2q 610 JOADJA CEEEK RAILWAY. 43 VicTOEiA. in the parish of Joadja in the county of Camden in the Colony of New South Wales containing valuable deposits of coal and kerosene mineral and has constructed and executed extensive works and machinery for the purpose of working such deposits and extracting kerosene oil therefrom And whereas the said Company has constructed upon land belonging to or occupied by the said Company a tramway in order to facilitate communication between their said works and the Great Southern Railway And whereas the said Company is desirous for the purpose of further facilitating such communication of constructing a railway in the line described in the Schedule to this Act from the east- ern boundary of measured portion number seventy in the parish of Joadja county of Camden to the Grreat Southern Railway but such proposed railway is intended to be made upon and pass through lands believed to be the property of the Crown and of certain private persons and the same cannot therefore be made without Legislative authority And whereas the working of such coal and kerosene mineral deposits is likely to prove beneficial to the Colony and the public is interested in promoting such an increase in and facilities for the supply of such coal and kerosene mineral and the oil manufactured therefrom for local consumption gas manufacturing and export as would result from the construction of the said proposed railway and the traffic on the Great Southern Railway would be largely increased thereby and it is desirable to authorize by Legislative enactment the construction of the said proposed railway subject to the provisions hereinafter contained and upon payment to the several parties through whose lands the same shall pass the compensation for such portions of their respective lands as may require to be occupied thereby Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and con- sent of the Legistative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows : — Authority to oon- J j^ gjiall be lawful for the said Company upon the terms and con- ditions and subject to the provisions and other enactments hereinafter contained to make and construct a railway from the eastern boundary of measured portion number seventy in the parish of Joadja county of Camden in the line described in the Schedule to this Act to the Great Southern Railway and at such termination /to effect a junction between the said railway and the Great Southerj/Railway in accordance with section ninety-nine of the " Governmmift Railways Act of 1858" and to take and use so much of the sajd^^nds as the said Company may require for the purposes of such railway Such railway to be in the line described in the Sc^iedule to tiis Act but so that the same shall not v^ooupj in «"?«' lighted with gas supplied by the said Company in order to inspect the ^'^ pipes burners lamps meters or other apparatus of or connected with the works of the said Company to regulate the supply of gas or to ascertain the quantity of gas consumed or supplied and if any person shall hinder any such officer as aforesaid from so entering or making such inspection as aforesaid at any reasonable time such person shall for every such offence forfeit and pay to the said Company a sum of money not exceeding five pounds to be awarded and recovered by the said Company in like manner as the penalties aforesaid. 18. Any person may appeal from the judgment or conviction of any RteM of appeal. Court of Petty Sessions under this Act in the form and manner set forth in the Act of Council fifth William the Fourth number twenty-two. 676 MANLY QAS-LIGHT AND COKE COMPANY. 48 VioTOKiA. 19. Ill the event of the wrongful exercise of any powers given hy Indictment for this Act nothing in this Act contained shall be construed to prevent nuisances. g^^j pej-gQ^ from indicting or otherwise proceeding either civilly or criminally against the said ComjDany for nuisance or otherwise in respect of the works or means used or employed by the said Company in exercising the privileges hereby on the said Company conferred or to prevent the said Company or any person from recovering any sum of money or otherwise proceeding in any Court of competent jurisdiction but the said Company or any person to whom any penalty or sum of money may by the provisions of this Act be awarded may elect either to proceed in manner in this Act provided or to proceed for and recover damages or otherwise in any Court of competent jurisdiction. Tar* oVother"^' ^^' ^^ ^^^ °^^®^ ™ which by any Act of Parliament or of the Colonial officers. Legislature or by any rule or order of the practice of the Supreme Court or- any other Court now or hereafter to be in force in this Colony the plaintifi complainant or defendant in any action suit or other proceeding civil criminal or otherwise or any creditor of an insolvent estate or any person being a party to or interested in any process or proceeding whatso.ever is or shall be authorized empowered or required to make any affidavit deposition or information or to sign or present any petition or to do any other act it shall be lawful and competent for the secretary or any other officer of the said Company with the consent in writing of the directors of the said Company where such Company shall be such plaintiff complainant defendant or creditor or be a party to or otherwise interested in any process or proceeding whatsoever as aforesaid for and on behalf of the Company to make any such affidavit deposition complaint or information sign or present any such petition or do any such other act as aforesaid for or on behalf of the said Company. Custody and use 21. The directors for the time being shall have the custody of the common seal of the Company and the directors present at a board of directors of the Com.pany or a majority of them shall have power to use such common seal or authorize the same to be used for the affairs and concerns of the Company and under such seal to authorize and empower any person or persons without such seal to execute any deeds and do all or any such other matters and things as may be required to be executed and done for or on behalf of the Company But it shall not be necessary to use the corporate seal in respect of any of the ordinary business of the Company or for the appointment of any attorney or solicitor for the prosecution or defence of any action suit or proceeding or of any officer or servant of the Company and such seal may be affixed to any deed or document whatsoever by any one of the directors of the said Company or by the hand of any person whom the directors shall appoint in that behalf and the affixing thereof shall be attested by at least one director and such person so appointed. 22. Nothing contained in this Act shall prevent the said Company being brought under the provisions of any general Act which may be assed by the Parliament of New South Wales applying equally to Companies engaged in the manufacture of gas in the said Colony with reference to the manufacture and sale of gas nor entitle the said Com- pany to compensation from the Public Eevenue by reason of the pro- visions of such general Act for the purpose aforesaid being made applic- able to and binding upon the said Company. Companj" may be brought under General Act. MANLY GAS-LIGHT AND COKE COMPANY. 677 23. If it shall be proved to the satisfaction of any two Justices of 48' Victokia. the Peace in Petty Sessions assembled that the said Company or any of General penalty, its officers have been guilty of any default under this Act not other- wise provided for under this Act they shall be liable for each and every such default to a penalty not exceeding five pounds to be recovered in a summary way. 24. The following words and expressions in this Act shall have the interpretation several meanings hereby assigned to them unless there be something ''^^^^°' either in the subject or the context repugnant to such construction that is to say — The expression " Company" shall mean the Manly Gas-light and Cote Company (Limited) The expression "gasworks" shall mean the gasworks and works connected therewith by this Act authorized to be constructed The expression " directors" shall mean the directors for the time being of the said Manly Gas-light and Coke Company (Limited) The word " street " shall include any square court or alley highway railway tramway lane footpath road thoroughfare or other passage footpath or place whether public or private within the limits of this Act The expression " town and suburbs of Manly" shall comprise all those districts which are included within a radius of five miles from the post-oflace of the said borough. 25. In case the Borough Council shall at the expiration of ten years Power ot from the passing of this Act be desirous to purchase the .works pro- pSrohlse works, perty and effects of the said Company it shall be lawful for it so to do upon giving to the said Company or by leaving at its office or works six months notice of such wish or desire and the price or consideration to be paid for the said works property and effects shall be ascertained and fixed by two disinterested persons to be chosen within one month before the expiration of such notice one of such persons being chosen by the said Company and the other of them by the Council And in case such two referees shall differ in opinion as to the value of the said works property and effects then such value shall be ascertained and fixed by such one person as the two referees shall for that purpose previously to their entering on the business of the said valuation nominate and appoint And the said Company will upon payment of the sum of money to be fixed and ascertained as aforesaid as the price for the purchase of the said works property and effects upon the request and at the costs and charges of the Council convey assign and assure the same unto the said Council or otherwise as it shall direct. 26. This Act may be cited as the " Manly Gas-light and Coke Com- short title, pany (Limited) Act of 1884." SCHEDULE. PART I. (1.) Regulations in respect of testing apparatus. (a) The apparatus for testing the illuminating power of the gas shall consist of the most improved form of photometer known together with a proper meter minute clock governor pressure gauge and balance The burner to be used for testing the gas shall be an Argand burner having fifteen holes and a seven-inch chimney The candles used for testing the gas shall be sperm candles of six to the pound and two candles shall be used together. (2.) The apparatus. (h) For testing the presence in the gas of sulphuretted hydrogen A glass vessel containing a slip of bibulous paper moistened with a solution of acetate of lead containing sixty grains of crystallized acetate of lead dissolved in one fluid ounce of water. 678 MES. MANN'S TEUSTEE. 48 VioTOELA, PART 11. Eules as to mode of testing gas. (a) Mode of testing for illuminating power The gas in the photometer is to be lighted at least fifteen minutes before the testings begin and it is to be kept con- tinually burning from the beginning to the end of the tests. Each testing shall include ten observations of the photometer made at intervals of a minute. The consumption of gas is to be carefully adj listed to five cubic feet per hour. The candles are to be lighted at least ten minutes before beginning each testing so as to arrive at their normal rate of burning which is shown when the wick is slightly bent and the tip glowing The standard rate of consumption for the candles shall be one hundred and twenty grains each per hour Before and after making each set of ten observations of the photometer the gas examiner shall weigh the candles and if combustion shall have been more or less per candle than one hundred and twenty grains per hour he shall make and record the calculations requisite to neutralize the effects of this difference The average of each set of ten observations is to be taken as representing the illuminating power of that testing. (2. ) Mode of testing. (b) For sulphuretted hydrogen The gas shall be passed through the glass vessel containing the strip of bibulous paper moistened with the solution of acetate of lead for a period of three miautes or such longer period as may be prescribed and if any discolouration of the test paper is found to have taken place this is held to be conclusive as to the presence of sulphuretted hydrogen in the gas. MRS. MANN'S TRUSTEE. 21 Victoria. An Act to enable Charles Boydell or the Trustees or Trustee for the time being under a certain Indenture of Settlement bearing date the second day of January one thousand eight hundred and thirty-eight made between James Mitchell and Georgina Hely of the first part Gother Kerr Mann of the second part and Mary Hely of the third part and Robert Scott and Charles Boydell of the fourth part to sell and dispose of certain lands mentioned and referred to in the said settlement and to invest the money to arise from such sale in Government or real securities upon the trusts of the said settlement. [15 December, 1857.] Preamble. "TYTHEEEAS one Frederick Augustus Hely now deceased did on tHe V T third day of December one thousand eight hundred and thirty being then seized in fee of the lands messuage hereditaments and premises hereinafter mentioned and referred to duly make his last will and testament and thereby after bequeathing as therein mentioned gave devised and bequeathed all and singular other his property whether real or personal unto James Mitchell and Eobert Eutter (in the said will described) their heirs executors and administrators upon trust to pay the rents issues and profits thereof to G-eorgina Hely his wife until some or one of his children being a son should have attained the age of twenty-one years or being a daughter should have attained that age or be married with the consent of his said wife and from and after the happening of either of the two last-mentioned events then as MES. MANN'S TErSTEE. 6^9 to two full third parts of the value of his said property hoth real and 21 Victokia. personal (the whole into three parts being divided) in trust to pay and transfer one-fifth share of the said two full third parts unto and for the use of each of his five children on attaining the age of twenty-one years or being married with such consent as aforesaid if a daughter And whereas subject to the life interest of the said G-eorgina Hely in the remaining one-third part of the said real and personal estate the same is by the testator's said will limited and made payable to and amongst the said five children of the said Erederick Augustus Hely and G-eorgina his wife in the same manner and proportions as are limited and devised as to the said two full third parts of the said property And whereas the said Erederick Augustus Hely duly made and published a codicil to his said will bearing date on or about the thirtieth day of November one thousand eight hundred and thirty-five and thereby devised to the said G-eorgina Hely for her life all that messuage called Engehurst and also all those nine acres of land more or less whereon the same is built and which is situated on the north side of the South Head Eoad with remainder to the said James Mitchell and Robert Eutter their heirs and assigns upon the same trusts and for the same ends and purposes as are in the said will mentioned limited and appointed with respect to the rest of his real and personal property And whereas the said Erederick Augustus Hely departed this life some time in the month of September one thousand eight hundred and thirty-six with- out having revoked or altered his said will except by his said codicil And whereas the said Eobert Eutter disclaimed and refused to act under the trusts of the said will and codicil And whereas the said testator left five children him surviving that is to say Mary Johanna Hely (now Mary Johanna Mann) G-eorgina Eanny Hely (now G-eor- gina Eanny Strickland) Hovenden Hely G-ertrude Jane Hely (now Grertrude jane Drew) and Henry Lindsey Hely And whereas by a certain indenture of settlement bearing date the second day of January one thousand eight hundred and thirty-eight and made between James Mitchell and the said G-eorgina Hely of the first part G-other Kerr Mann of the second part the said Mary Johanna Hely (therein described as Mary Hely) of the third part and Eobert Scott and Charles Boydell of the fourth part (after reciting that upon a -treaty for a marriage between the said G-other Kerr Mann and the said Mary Hely it was agreed that the whole of the real and personal property to which the said Mary Hely was entitled under the will of her said father should be settled upon her for life with remainder to the said G-other Kerr Mann her intended husband for his life with remainder to the issue of the said intended marriage in equal shares and after further reciting that the said Mary Hely as one of the five children of the said Erederick and G-eorgina Hely was entitled to one-fifth part of two undivided parts of the real and personal pro- perty of her said father deceased) the said James Mitchell at the request of the said Mary Johanna Hely and G-other Kerr Mann and with the consent of the said G-eorgina Hely granted assigned and transferred unto the said Eobert Scott and Charles Boydell their heirs executors administrators and assigns all that one undivided equal fifth part or share of and in all the real and personal property of the said Erederick Augustus Hely deceased devised and bequeathed by his will to the said James Mitchell and Eobert Eutter as aforesaid (subject nevertheless to the said life interest of the said Georgina Hely therein) upon the trusts in the said indenture of settlement 680 MES. MANN'S TEUSTEE. 21 VicTOEiA. particularly mentioned And whereas tte said intended marriage was afterwards duly tad and solemnized with the consent of the said Georgina Hely and there is issue of the said marriage nine children that is to say Gother Erederick Georgina Alice Mary Caroline Eanny Maria Theresa Elsie Leslie Gordon Kate Emily Ellen Eeginald Eyers and Gertrude Bessie infants under the age of twenty-one years And whereas by an indenture of partition bearing date the third day of January one thousand eight hundred and forty- eight and made between the said James Mitchell of the first part the said Georgina Hely of the second part the said Gother Kerr Mann and Mary Johanna his wife of the third part the said Edward Strickland and Georgina Eanny his wife of the fourth part Eobert Eamsay the younger of the fifth part the said Hovenden Hely of the sixth part the said Charles BoydeU of the seventh part and Campbell Drummond Eiddell of the eighth part after in part reciting a decree pronounced in the Supreme Court of New South Wales in Equity bearing date on or about the twenty-first day of October one thousand eight hundred and forty-six whereby it was amongst other things ordered and decreed that subject to the estate which the said Georgina Hely had for her life in the messuage and hereditaments known as Engehurst aforesaid a partition should be made of all the lands tenements and hereditaments (except those situate in the town or district of Maitland Hunter's Eiver containing one hundred acres or thereabouts) of which the said Erederick Augustus Hely died possessed into three equal parts and that a division should be made of two of such three parts in five equal parts the said parties, to the said indenture of partition of the first second third fourth fifth sixth and eighth parts granted released and confirmed unto the said Charles Boydell (party thereto of the seventh part) and his heirs all the lands hereditaments and premises with the appurtenances particularly mentioned and described in the Schedule marked A to this Act annexed to hold the same upon the trusts mentioned in and declared by the aforesaid indenture of settlement of the second day of January one thousand eight hundred and thirty-eight of and concerning the said undivided one-fifth part or share of all the real and personal pro- perty of the said Erederick Augustus Hely deceased so devised and bequeathed by his said will as aforesaid And whereas by the same indenture of partition the parties thereto of the second third fourth fifth sixth seventh and eighth parts granted released and confirmed unto the said James Mitchell and his heirs all the lands hereditaments and premises with the appurtenances particularly mentioned and described in the Schedule B to this Act annexed to hold the same upon the trusts declared concerning the residue of the said lands and hereditaments devised by the said will after deducting therefrom the said two third parts or shares by the testator directed to be limited to his children And whereas the said Eobert Scott departed this life some time in the month of November one thousand eight hundred and forty-four And whereas the messuage lands and hereditaments known as Engehurst as aforesaid have become of considerable value and it would be greatly to the advantage of all parties beneficially interested under the aforesaid mar- riage settlement as well therein as in the lands hereditaments and pre- mises described in the Schedules to this Act annexed if the trustee or trustees for the time being of the said marriage settlement were authorized and empowered to sell and dispose of the said messuage lands heredita- ments and premises according to the respective estates and interests of the cestuis que trust under the said marriage settlement in the said messuage MES. MANN'S TEUSTEE. 681 lands tereditaments and premises and to invest the money to arise from 21 Victoria. sucli sale in Grovernment or real securities upon the trusts of the said settlement but the said trustee or trustees have no power to sell the same Be it therefore enacted by the Queen's Most Excellent Majesty by and vsith 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. It shall be lawful for the said Charles Boydell as such surviving Trustees may trustee as aforesaid or the trustees or trustee for the time being of ^'' the said indenture of settlement with the consent in writing of the said Grother Kerr Mann and Mary Johanna Mann or the survivor of them to sell and dispose of the lands hereditaments and premises in the Schedule A to this Act annexed and all the estate right title and interest of the said Grother Kerr Mann and Mary Johanna Mann and their issue in and to the lands hereditaments and premises described in the Schedule B to this Act annexed and in and to the messuage heredita- ments and premises known as Engehurst by public auction or private contract and either in one lot or in several lots as he or they shall think most expedient for such price or prices as can be reasonably obtained for the same and when sold to convey the same or any part or parts thereof to the purchaser or purchasers their his or her heirs and assigns freed and discharged from the trusts created and declared by the said indenture of settlement and the receipt of the said Charles Boydell or of the trustee or trustees for the time being of the said settlement shall be a sufficient discharge to the purchaser or purchasers of the said lands hereditaments and premises or of any estate or interest therein or any part thereof for the purchase money payable by him or them respect- ively and shall wholly exonerate him or them from seeing to the application thereof and from all liability as to the misapplication or non-application thereof. 2. It shall be lawful for the said Charles Boydell or the trustees or Trustees may trustee for the time being of the said settlement with the consent in cre°(Ut1for"the'' writing of the said Grother Kerr Mann and the said Mary Johanna purchase money Mann or the survivor of them to allow to any purchaser or purchasers on mongag™^' of the said lands hereditaments premises estates and interests or any part thereof credit for any number of years not exceeding five years for payment of his her or their purchase money or any part thereof upon such terms as to interest or otherwise as may seem expedient Provided that no conveyance shall be executed of the said lands here- ditaments and premises or any part thereof or of any estate or interest therein or in any part thereof until the whole of the purchase money together with the interest due thereon shall have been paid Provided further nevertheless that either as a part of the contract of purchase or otherwise it shall be lawful for the said Charles Boydell or the trustees or trustee for the time being of the said settlement with such consent as aforesaid to lay out and invest any part of the proceeds of the sale of the said lands hereditaments and premises estates and interests or of any other lands originally comprised in the trusts of the said settlement upon mortgage of the same or of any part of the said lands hereditaments and premises to be taken from any purchaser or purchasers thereof or his her or their heirs or assigns. 3. It shall be lawful for the said Charles Boydell or the trustees or Trustees may trustee for the time being of the said settlement with such consent as a'Juefr'om'saie*'' aforesaid to invest the money to arise from such sale or sales as afore- in other real or • 1 ... J • , , "^ ,1 1 'j_- -J.* in Government said either at interest upon other real securities or upon securities securities. 682 MES. MANN'S TETJSTEE. 21 VicTOEiA. of tte GoTernment of New South Wales and also from time to time with such consent as aforesaid to alter vary and transpose such securities for other securities of the same or a like nature and the dividends interest annual profits and proceeds which shall from time to time arise in respect of such securities shall go and be payable and be paid to such person and persons and be applied to and for such uses intents and purposes as the rents and profits of the hereditaments to be sold as aforesaid may be payable or applicable unto under and by virtue of the trusts declared in the said indenture of settlement. Trustees may grant rights of way. Short title of Act. 4. It shall be lawful for the said Charles Boydell or the trustee or trustees for the time being of the said indenture of settlement with the consent in writing of the said G-other Kerr Mann and the said Mary Johanna Mann or the survivor of them to grant to the purchaser or purchasers of any part or parts of the lands hereditaments and premises by this Act authorized to be sold a right-of-way or rights-of-way in over or through any other part or parts of the said lands hereditaments and premises in as full ample and beneficial a manner as if the said Charles Boydell or the trustee or trustees for the time being of the said indenture of settlement were the absolute and beneficial owners of the said lands hereditaments and premises And the right or rights of way so granted shall be delineated on a plan to be contained or mentioned or referred to in the conveyance which shall be executed to the purchaser to whom such right or rights of way shall be granted. 5. In citing this Act in any instrument document or proceeding it shall be sufficient to use the expression " Mrs. Mann's Trust Act." SCHEDULE A. All that piece or parcel of land being lot number thirteen on a plan prepared by Commissioners of Partition duly appointed under and by virtue of a decree of the Supreme Court bearing date the twenty-first October one thousand eight hundred and forty-six marked A containing by admeasurement three hundred acres more or less lying and situate at Brisbane Water in the county of Northumberland and Colony of New South Wales Commencing at a point on the west side of Narara Creek at the south-east corner of Wilson's (now Hely's) land and bounded on the north by that land being a line bearing west ninety-seven chains on the west by a line bearing south forty-one chains and on the south by a line bearing east fifty- three chains to Narara Creek and on the east by that creek to the commencing point Also all that piece or parcel of land being lot fourteen on the said plan marked A containing by admeasurement one hundred acres more or less lying and situate at Brisbane Water aforesaid commencing on the small creek and bounded on the north by that creek to its confluence with Narara Creek on the east by Narara Creek aforesaid on the south by a line west thirty-seven chains and on the west by a line bearing north forty-one chains to the commencing point And also all that piece or parcel of land being lot number fifteen on the said plan marked A containing by admeasurement twelve acres more or less lying and situate at Brisbane Water aforesaid commencing on Nai-ara Creek at a point sixteen chains south from the south-east corner of lot fourteen and bounded on the north by a line west three chains on the west by a line south sixteen chains on the south bya line east fourteen chains to Narara Creek and on the east by that creek to the commencing point And also all that piece or parcel of land being lot number four on the said plan marked B containing by admeasurement seven hundred and thirty acres more or less bein| portion of one thousand one hundred and thirty-two acres lying and situate at Wyong in the county of Northumberland aforesaid com- mencing on Wyong Creek at the north-west corner of the one thousand one hun- dred and thirty-two acres and bounded on the west by a line south one hundred and twenty-six chains on the south by a line east fifty-one chains seventy-five links on the east by a line north one hundred and thirty-six chains to Wyong Creek and on the north by Wyong Creek to the commencing point. MEECANTILE BANK OE SYDNEY. 683 SCHEDULE B. 21 Victoeia. All that piece or parcel of land being lot number seven on a plan prepared by Commissioners of Partition duly appointed under and by virtue of a decree of the Supreme Court bearing date the twenty-first October one thousand eight hundred and forty-six marked A containing by admeasurement three hundred and forty acres more or less being portion of one thousand three hundred and forty acres granted to the said Frederick Augustus Hely lying and situate at Brisbane Water in the county of Northumberland and Colony of New South Wales commencing at a point on the east side of Narara Creek opposite the north-east corner of the said Frederick Augustus Hely's three hundred acres and bounded on the south by a line bearing east sixty-seven chains on the east by a line bearing north eighty-six chains to the south-west comer of Cox's grant on the north by a line bearing west seventy- six chains to Narara Creek and thence by the said creek to the commencing point Also all that piece or parcel of land being lot number sixteen on the plan marked D containing by admeasurement twenty acres more or less lying and situate at Manly Cove at the North Harbour in the county of Cumberland and Colony afore- said commencing at a marked tree at the North Harbour and bounded on the west by a line south twenty chains fifty links on the south by a line east twenty chains to Dobroyd Point North Harbour and on the north by the waters of that harbour to the marked tree aforesaid. MERCANTILE BANK OE SYDNEY. An Act to incorporate tlie sliareliolders of a certain 37 Victoeia Banking Company called the "Mercantile Bank of Sydney" and for other purposes therein mentioned. [20 November, 1873.] WHEREAS a Joint Stock Banking Company called tte Mercan- Preamble, tile Bank of Sydney was established at Sydney in the Colony of New South "Wales in the year one thousand eight hundred and sixty- nine and the same has heen recently reconstructed under and subject to the rules regulations and provisions contained in a certain indenture or deed of settlement bearing date the first day of July in the year of our Lord one thousand eight hundred and seventy-three And whereas the said Company is desirous of being incorporated and it is expedient that it should be iacorporated accordingly but subject to the provisions hereinafter contained Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legisla- tive Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows : — 1. The following words and expressions in the Act shall have the interpretation several meanings hereby assigned to them unless there be something in ° ™^^' the subject or the context repugnant to such construction (that is to say)— The words "the corporation" shall mean the Company incor- The corporation. porated by this Act. The words " the directors " shall mean the board of directors of The directors. the corporation. The word " shareholder" shall mean shareholder of the corporation, shareholder. The words " deed of settlement" shall mean the said recited deed Deed of settle- of settlement of the iirst day of July one thousand eight hun- ™™'' dred and seventy-three as originally subsisting or as from time to time altered or amended by virtue of the provisions thereof. 684 lilEECANTILE BANK OF SYDNEY. 37 VlCTOEIA. Company incor- porated. Power to other persons to con- vey real estate to the Company and vice versa. Confirmation of provisions of deed of settle- ment as by-laws of the Company subject to this Act and the general laws. Evidence of by- laws. Nature of general business. 2. Sucli and so many persons as have already become or at any time or times hereafter shall or may in the manner provided by and subject to the rules regulations and provisions contained in the deed of settle- ment become holders of shares of or in the capital for the time being of the corporation shall subject nevertheless to the conditions restrictions regulations and provisions hereinafter contained be one body politic and- corporate in name and in deed by the name of the Mercantile Bant of Sydney and by that name shall and may sue and implead any person or persons body or bodies politic or corporate whether a member or members of the corporation or not and maybe sued and be impleaded in all Courts whatsoever at law or in equity and may prefer lay and prosecute any indictment information or prosecution against any person or persons whomsoever whether a shareholder or not for any stealing embezzlement fraud forgery crime or offence and in all indictments informations and prosecutions it shall be lawful to state the money and goods effects bills notes securities or other property of whatsoever nature of the corporation to be the money goods effects bills notes securities or other property of the corporation and to designate the corporation by its corporate name whenever for the purpose of any allegation of an intent to defraud or otherwise howsoever such designa- tion shall be necessary and the corporation shall have perpetual succes- sion with a common seal which maybe altered varied and changed from time to time at the pleasure of the corporation and shall have power to hold lands subject nevertheless to the restrictions hereinafter contained. 3. It shall and may be lawful to and for all and every person and persons bodies politic or corporate (not being otherwise incompetent) to grant sell alien and convey assign assure and dispose of any lands or other real estate or chattels real unto and to the use of the corporation and their successors for any of the purposes contemplated by this Act or any of them and the corporation shall have full power to sell enfeoff release convey demise assign exchange or otherwise dispose of any lands or property vested or to be vested in the corporation. 4. The several laws rules regulations clauses covenants and agree- ments contained in the deed of settlement or to be made under or by virtue or in pursuance thereof are and shall be deemed and considered to be and shall be the by-laws for the time being of the 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 statutes in force in the said Colony subject nevertheless to being and the same may be amended altered or repealed either wholly or in part in the manner provided in and by the deed of settle- ment but no rule or by-law shall on any account or pretence whatsoever be made by the corporation either under or by virtue of the deed of settlement or of this Act in opposition to the general scope or true intent and meaning of this Act or any of the laws or statutes in force in the said Colony. 5. The production of a written or printed copy of the deed of settle- ment or of any by-laws to be made in pursuauce thereof or in pursuance of this Act having the common seal of the corporation affixed thereto shall be suiEcient evidence in every Court of civil or criminal jurisdic- tion of such deed of settlement or of such by-laws. 6. The whole of the capital of one hundred and twenty thousand pounds having been subscribed for and actually paid up it shall be la,wful for the corporation subject to all the restrictions and provisions .MEECANTILE BANK OP SYDNEY. 685 herein contained to carry on the business of a bank of issue discount ,37 Victoeia. and deposit in the Colony of New South Wales and elsewhere and to make loans of money on cash credit accounts promissory-notes bills of exchange letters of credit and on any personal or other security and it shall also be lawful for the corporation to deal in money bullion and specie and in exchanges of and with all countries and in notes bills or other securities for money and generally to transact all such other business as it is or shall or may at any time hereafter be usual and lawful for establishments carrying on banking in all its branches to do or transact and to establish agencies branch banks or connexions in relation to the said business in any part of the Australasian Colonies the British Dominions or elsewhere and to give letters of credit there- on but that it shall not be lawful for the corporation to advance or lend money solely upon the security of lands or houses or ships nor to own ships except as hereinafter provided and the corporation shall not hold shares in its own stock nor advance or lend to any shareholder or proprietor of shares in the corporation any sum or sums of money on the security of his share or shares nor invest lay out employ advance or embark any part of the capital or funds of the corporation in the purchase of any lands houses or other real or leasehold property what- soever (save and except as herein specially provided) nor of any share or shares in the capital stock for the time-being of the corporation nor in any trading or mercantile speculation or business whatsoever not usually considered as falling within the ordinary and legitimate pur- poses and operations of banking establishments Provided always that nothing nerein contained shall invalidate any lien claim interest or title acquired or to be acquired by the corporation by way of equitable mortgage or by deposit of deeds or other documents or by mortgage of lands or other property taken or to be taken by the corporation or any person or persons on their behalf as security collateral to any bill promissory-note bond or other security or any right claim or title to lands or other property thence to arise or the lien secured ■ by the deed of settlement to the corporation over the shares belonging to any shareholder becoming indebted or coming under engagements to the corporation or making default in the fulfil- ment of any covenant in the deed of settlement contained or prevent the corporation from holding the shares forfeited by such default for the purpose of sale as provided in the deed of settlement or from taking security by the hypothecation of merchandise or bills of lading thereof for the payment of any bill or bills of exchange drawn against any shipment of wool tallow or any other merchandise shipped for exportation either to or from any port or place beyond the sea or from one port to another within the Australasian territories or from taking any mortgage or lien on any stations runs sheep or cattle their increase progeny wool and other produce or from taking holding and enjoying to them and their successors for any estate term of years or interest for purpose of reimbursement only and not for profit any lands houses or other hereditaments or any merchandise or ships which may be taken by the corporation in satisfaction liquidation or discharge of or &s security for any debt then due or thereafter to become due to the corporation or from selling conveying and assuring the same as occa- sion may require And it is hereby declared that all such liens mort- gages securities rights claims and holdings shall be valid accordingly. 7. It shall be lawful for the corporation nothwithstanding any pro- Limited power risions herein contained to the contrary to purchase take hold and '" '*"'''* '''"'*^- 686 MEECANTILE BANK OF SYDNEY. Property at pre- sent in trustees to become vested in corporation. Power to issue and circulate banlc notes during twenty- one years. 37 ViCTOEM. enjoy to them and their successors for any estate term of years or interest any houses offices buildings or lands necessary or expedient for the purpose of managing conducting and carrying on the affairs con- cerns and business or the corporation also to build suitable offices on land purchased for that purpose or otherwise acquired under the provisions of this Act. 8. All the lands leases or leasehold interests mortgages securities bonds covenants debts moneys choses in actions things and property vested in the trustees of the Company at the time of incorporation hereby effected or in any other person on behalf of the Company shall immediately on the passing of this Act become vested in the corpora- tion for the same estate and interest and vrith the like power and authorities as the same are now vested in the said trustees or other person without any assignment or conveyance whatsoever and all such mortgages and securities shall be valid and effectual to protect the corporation in respect of all operations made or to be made and all moneys advanced or to be advanced thereunder whether represented by promissory-notes or on open account and whether such operations or moneys shall be or shall not have been made or advanced in the name of the Mercantile Bank of Sydney or of any person in trust for or on behalf of such bank notwithstanding any past or future changes ia the members or shareholders thereof and notwithstanding the incor- poration thereof. 9. The whole of the capital of the corporation having been subscribed for and paid it shall be lawful for the corporation for and during the term of twenty-one years to commence from the time of the passing of this Act or until the Legislature shall make other provisions in that behalf unless the corporation be sooner dissolved by virtue of the provisions of the deed of settlement on that behalf to make issue and circulate at and from any city town or place in which they may open or establish or may have opened or established any bank branch bank or agency any bank notes or biUs for one pound or five pounds sterling each or for any greater sum than five pounds sterling each but not for any fractional part of a pound and from time to time during the said term of twenty-one years to reissue any such notes or bills where and so often as the corporation shall think fit but such privilege shall cease in case of a suspension of specie payments on demand for the space of sixty days in succession or for any number of days at intervals which shaU amount together to sixty days within any one year or in case the corporation shall not well and truly maintain abide by perform and observe all and every the rules orders provisions and directions herein contained and set forth upon which the corpora- tion is empowered to open banking establishments or to issue and circulate promissory-notes. 10. All such notes shall bear date at the city town or place at and from which the same respectively shall be made and issued and the same respectively shall in all cases be payable in specie on demand at the place of date and also the principal establishment of the corpora- tion at Sydney and the total amount of the promissory-notes payable on demand issued and in circulation may extend to but shall not at any one time exceed the amount of its actual paid-up capital and any such further amount in excess of the said capital as the corporation shall hold in coin or gold bullion assayed by some person duly authorized by the G-overnment for the time being of the said Company or partly Form of bank notes. MERCANTILE BANK OE SYDNEY. 687 coin and partly gold tuUion assayed as aforesaid separate and apart 37 Victobia. from the coin and gold buUion used in the ordinary operations of the said corporation. 11. No branch bank nor any establishment or agency of the cor- only the princi- poration other than and except the principal banking establishment menTreqiJredto shall be liable to be called upon to pay any notes of the corporation pay notes dated other than and except such as shall have been originally made and than those of pre- issued at or from such particular branch bank or establishment or sentation. agency. 12. It shall be lawful for the corporation from time to time to increase of cap- extend or increase their capital for the time being by the creation ''^' allotment and disposal of new shares in the manner specified and set forth and subject to the rules regulations and provisions contained in the deed of settlement so that the total amount of all the new shares to be so from time to time created shall not together with the original capital exceed five hundred thousand pounds and that at least half the amount of the increased capital shall be actually paid up before any extension of the dealings of the corporation in respect to such new capital shall be commenced Provided that no such extension or increase of the capital of the said corporation shall be made or take place without the previous sanction and approbation in writing of the Grovernor for the time being of the said Colony from time to time and for that purpose first had and obtained. 13. The shares or other interest of the shareholders in the cor- capital and poration shall be and be deemed to be personal estate and be trans- sonarestete ^^'' missible as such subject to the regulations of the deed of settlement. 14. The corporation shall not be bound in any manner by any corporation not trusts or equitable interests or demands affecting any shares of the ''™'J* *" ""^jjf capital standing in the name of any person as the ostensible proprietor able interests thereof or be required to take any notice of such trusts or equitable "^'^'='"'2 shares, interests or demands but the receipt of the person in whose name any shares shall stand in the books of the corporation or if they stand in the name of more persons than one the receipt of the person recogniz- able as a shareholder under the provisions of the deed of settlement shall notwithstanding such trusts or equitable interests or demands and notice thereof to the corporation be a good valid and conclusive discharge to the corporation for or in respect of any dividend or other money payable by the corporation in respect of such shares and the corporation shall not be bound to see to the application of the money paid on such receipt and a transfer of the said shares by the person in whose name such shares shall so stand shall notwithstanding as afore- said be binding and conclusive as far as may concern the corporation against all persons claiming by virtue of such trusts or equitable interests or demands Provided always that it shall be competent to the directors of the corporation if they shall think fit so to do to with- hold payment of the dividends on any such shares and to refuse to sanction the transfer of such shares in any case in which the corpora- tion shall have had notice of any claims under an alleged trust or equitable interest or demand and when such claim shall appear to the directors to be well founded And provided also that nothing herein 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 corporation in respect of any such shares or the transfer by the corporation of any 688 MEECANTILE BANK OF SYDNEY:. 37 ViCTOEiA. sucli shares or to direct the payment of sucli dividends or other money by the corporation or the transfer of such shares by the person or persons in whose name or names they may stand to such other person or persons as such Court may think fit. Amount to 15. The total amount of the debts engagements and liabilities of UabimfeTto be ^^^ Corporation within the Colony of New South Wales whether jimited. upon bonds bills promissory-notes or otherwise contracted other than their liabilities on account of the ordinary cash deposits of customers and on account of bills of exchange drawn by or on behalf of the corporation upon any banker or banking Company or agency out of the Colony of New South "Wales within the amount or value of the remit- tances made to such banker or banking Company respectively to pro- vide for payment of the said bills of exchange may extend to but shall not in any case exceed three times the amount of the actual paid-up capital stock of the corporation. What deemed 16. All debentures issued or which may hereafter be issued by the public secuntiea Q-Qvernment of any of the Australian Colonies or of New Zealand such debentures being secured upon the general territorial or casual revenues of the Colony where the same are or shall be issued and every public debt contracted or which may hereafter be contracted by the Grovern- ment of any such Colony under the authority of the Legislature thereof shall be deemed and taken to be public securities within the meaning of this Act. Limits to dis- 17. The discounts and advances by the corporation on promissory- secSitfes'be^r- notes bills of exchange or other securities bearing the name as maker ing the name of drawer acceptor or endorser of any person or of the firm or partner of offlcer?"^ °' ^I'^y person who shall for the time being be a director or other ofilcer of the corporation shall not at any time exceed in amount one-third of the total advances and discounts of the corporation. No dividend to 18. No dividend shall in any case be declared or paid out of the sub- the*capita°'imt* scribed capital for the time being of the corporation or otherwise than from the profits out of the net gains and profits of the business. Periodical 19- Periodical accounts or statements and general abstracts of the accounts. assets and liabilities of the corporation shall be prepared made out and published according to the provisions of the Act of the G-overnor and Council passed in the fourth year of the reign of her present Majesty intituled An Act to provide for the periodical publication of the liabilities and assets of banks in New South Wales and its depend- encies and the registration of the names of the proprietors thereof. Auditors to be 20. General half-yearly meetings of the shareholders shall be held examhie and ° iu the months of January and July in every year and at such meetings of Com^an*^"'" ^^ every year two shareholders shall be elected auditors of the accounts ompany. ^^ ^-^^ Corporation for the year next ensuing and within three weeks next before every such half-yearly meeting the auditors for the time being shall fuUy examine into the state of the accounts and affairs of the corporation in manner provided by the deed of settlement and shall make a just true and faithful report thereon which shall be submitted by them to the directors one week previously to such meeting and which shall be by the directors submitted to the shareholders at such meeting and the said auditors shall and they are hereby required to make a declaration before a Justice of the Peace that such report is to the best of their several and respective knowledge and belief a just true and faithful report of the statement of the accounts and affairs of the MEECANTILE BANK OF SYDNEY, 689 corporation and that the same is made by them after diligent and care- 37 Victoria. ful examination into the state of such accounts and affairs as aforesaid and a duplicate copy of such report signed by the auditors and every Duplicate of other report (if any) which shall be made to the shareholders at any to beTenttSthe half-yearly or other general meeting by such auditors or by any other Colonial secre- auditors specially appointed to inquire into the state of the accounts or '^'^' affairs of the corporation shall be transmitted to the oiEce of the Colonial Secretary at Sydney for inspection thereof ■within thirty days from the making of such report. 21. If such examination into or report on the state of the accounts Penalty for or affairs of the corporation as hereinbefore required to be made by "plot oVaudlts the auditors shall be neglected to be made or if a duplicate copy of any such report shall be omitted to be transmitted to the office of the Colonial Secretary as hereinbefore required the said corporation shall for every such offence forfeit and pay to Her Majesty for the public uses of the Colony the sum of one hundred pounds to be recovered by action of debt in the Supreme Court And if any such auditor shall And for false or at any time knowingly make or concur in a false or deceptive report on reports.^^ the state of the accounts or affairs of the corporation such auditor shall for every such offence forfeit and pay to Her Majesty for the public nses of the Colony the sum of two hundred pounds to be recovered in the said Supreme Court and if any such auditor shall make a declara- tion to any such false or deceptive report knowing the same to be false and deceptive he shall be deemed guilty of perjury and shall be liable to all the pains and penalties provided by the law for such offence. 22. In any action or suit to be brought by the corporation against Provision as to any shareholder or other person to recover any money due and payable ^or'caiis?"^ ^™'^ to the corporation for or by reason of any call made by virtue of this Act or of the deed of settlement it shall be sufficient for the corpora- tion to declare and allege that the defendant is the holder of shares in the capital of the corporation stating the number of such shares and that he is indebted to the corporation in the sum to which the call in arrear shall amount whereby an action hath accrued to the corporation ■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 directors or any of them who made such call or any other matter except that the defendant at the time of making such call was a holder of shares in the capital of the corporation and that such call was in fact made and that such notice thereof was given as is directed by the deed of settlement and the corporation shall thereupon be entitled to recover what shall be due upon such call with interest thereon. 23. The production of the shareholders register shall be ^WOTa/acJe proof of evidence of such defendant being a shareholder and of the number of propnetorsinp. his shares. 24. Nothing herein contained shall prejudice or be deemed to pre- oaiis contracts judice any call made or any contract or other act deed matter or thing *o°„"underthe entered into made or done by the Company under or by virtue of the deed of settle- deed of settlement before this Act shall come into operation but the SS" Act^n"^" same call contract act deed matter or thing shall be as valid and operation not to effectual to all intents and purposes as if this Act had not been passed by it.'^''" "''^ and may be enforced in like manner as if the Company had been incor- porated by this Act before the same call contract act deed matter or thing had been made entered into or done. 2x 690 MERCANTILE BANK OE SYDNEY. shareholders Manag^er to do certain acts. 37 VicTOEiA. 25. lu the event of the assets of the corporation being insufficient to Liahiiity of meet its engagements each shareholder shall over and above the shares subscribed for by him be liable only to a further additional amount equal thereto. 26. In all cases in which by any Act of Parliament or by any rule or order of the Supreme Court or any other Court now or hereafter to be in force in this Colony the plaintiff or defendant in any action suit or other proceeding or any person being a party to or interested in any process or proceeding whatsoever is or shall be authorized empowered or required to make any affidavit or to sign or present any petition or to do any other act it shall be lawful and competent for the manager acting manager or other officer or agent of the corporation (when such corporation shall be such plaintiff defendant or party to or otherwise interested in any process or proceeding whatsoever as aforesaid) for and on behalf of the corporation to make any such affidavit sign or present any such petition or do any such other act as aforesaid. Custody and use 27. The directors for the time being shall have the custody of the seai"'^'""^^** common seal of the corporation 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 deed of settle- ment for the determination of other matters by the directors and the directors present at a board of directors of the corporation shall have power to use such common seal for the affairs and concerns of the corporation and to authorize and depute the manager or any one o£ their body to use or affix the same provided the affixing of such seal be evidenced by the signature opposite thereto of at least two directors and under such seal to authorize and empower any person without such seal to execute any deeds and do all or any such other matters and things as may be required to be executed and done on behalf of the corporation and in conformity wich the provisions of the deed of settle- ment and of this Act but it shall not be necessary to use the corporate seal in respect of any of the ordinary business of the corporation or for the appointment of an attorney or solicitor for the prosecution or defence of any action suit or proceeding. Saving the rights 28. Provided always and be it enacted that nothing in this Act con- an(?of Sr'^ tained shall be deemed to affect or apply to any right title or interest persons not of Her Majesty her heirs and successors or of any body or bodies Sis Aot.^'^ '° politic or corporate or of any person or persons except such bodies' politic or corporate and other persons as are mentioned in this Act and those claiming by from or under them. Short title of Act. 29. In citing this Act in other Acts of Parliament and in legal instru- ments or otherwise it shall be sufficient to use the expression the; " Mercantile Bank of Sydney Act." 691 MEERIWA CHURCH AND PEESBYTERY LAND SALE. An Act to enable the Right ReTerend James Murray the 43 Victoeia Reverend Patrick Purcell Ryan and Charles Joseph Gallagher Trustees of certain Land situate in the Village of Merriwa to sell the said Land and to provide for the appropriation of the proceeds thereof. [20 May, 1880.] WHEREAS by a grant from the Crown bearing date the fourth Preamble day of December in the year of our Lord one thousand eight hundred and seTenty-nine the land specified in the Eirst Schedule hereto was granted unto the said Eight Reverend James Murray the Reverend Patrick Purcell Ryan and Charles Joseph Gallagher their heirs and assigns upon trust for the erection thereon of a Roman Catholic church And whereas by a grant from the Crown bearing date fourth December in the year of our Lord one thousand eight hundred and seventy-nine the land speciiied in the Second Schedule hereto wag granted unto the Right Reverend James Murray the Reverend Patrick Purcell Ryan and Charles Joseph G-allagher their heirs and assigns upon trust for the appropriation thereof as the site of a dwelling-house garden and other appurtenances for the clergyman duly appointed to oiEciate in the Roman Catholic church Merriwa And whereas it has been found that the said sites for a church and presbytery are unsuitable for the purposes for which they were re- spectively granted and it is expedient that the said land should be sold and that the proceeds to arise from such sale should be applied in or towards the purchase of another piece of land in the said village of Merriwa in a more suitable position as a site for a Roman Catholic church and presbytery and the erection of such church and presbytery thereon and for other purposes hereinafter mentioned Be it there- fore 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. After the passing of this Act it shall be lawful for the said Powev to sell. James Murray Patrick Purcell Ryan and Charles Joseph Gallagher (hereinafter styled trustees) their heirs or assigns or other the trustees for the time being of the said grants bearing date respectively the fourth December in the year of our Lord one thousand eight hundred and seventy-nine to sell and dispose of the. said land specified in the Schedules hereto by public auction or private contract and either in one lot or in several lots as they shall deem most expedient for such price or prices as can be had or obtained for the same and when sold to convey the same or any part or parts thereof to .the purchaser or purchasers in fee-simple freed and discharged from the said trusts affecting the same and the receipt in writing of the said .trustees their heirs or assigns shall absolutely discharge the purchaser or purchasers of the said land or any part, or parts thereof from the purchase money 692 METHODIST MISSIONAEIES TEUSTEES. Disposal of pro- ceeds. 43 VioTOEiA, payable by him or them respectively and shall exonerate him or them from seeing to the application of the said purchase money and from all liability as to the misapplication or non-application thereof. 2. The said trustees their heirs or assigns shall stand possessed of all moneys arising from any and every such sale or sales as aforesaid upon trust to apply the proceeds of such sale in or towards the purchase of another piece or pieces of land in the said village of Merriwa as a site or sites for the erection of a Eoman Catholic church and pres- bytery thereon and to apply the remainder of the said moneys if any which shall not be required for the purposes aforesaid in or towards the erection of a Roman Catholic church and presbytery upon the land to be purchased as aforesaid and the receipts of any person or persons to whom any moneys shall be paid under the provisions of this Act shall be valid and ^complete discharges to the trustees their heirs and assigns for such moneys. EIEST SCHEDULE. All that piece or parcel of land containing by admeasurement one acre be the same more or less situated in the covmty of Brisbane and parish of Merriwa village of Merriwa allotments thirteen and fourteen of section three Commencing at the south-western corner of the section and bounded thence on the west by Vennacher- street northerly five chains on the north by the southern boundary-line of allotment twelve easterly at right angles to Vennacher-street two chains on the east by the western boundary-line of allotment fifteen appropriated for a Eoman Catholic presbytery southerly parallel with Vennacher-street five chains to Bettington- street and on the south by that street westerly two chains to the point of com- mencement. SECOND SCHEDULE. All that piece or parcel of land containing by admeasurement two roods be the same more or less situated in the county of Brisbane and parish of Merriwa village of Merriwa allotment fifteen of section three Commencing on the northern side of Bettington-street at the south-western corner of allotment sixteen and bounded thence on the south by that street westerly one chain on the west by the eastern boundary-lines of allotments fourteen and thirteen appropriated for a Roman Catholic church in all northerly at right angles to Bettington-street five chains on the north by the southern boundary-line of allotment ten easterly parallel with Bettington-street one chain and on the east by the western boundary-line of allot- ment sixteen aforesaid southerly at right angles to Bettington-street five chains to the point of commencement. METHODIST MISSIONAEIES TRUSTEES. s wm. ly. Preamble. An Act for enabling the Missionaries of the people called Methodists to sell a certain piece of ground in Macquarie-street Sydney for the purpose of purchasing other land in a more central situation to erect a new Chapel thereon. [7 October, 1834.] WHEEEAS by a certain deed of grant bearing date on or about the ninth day of January one thousand eight hundred and twenty-one His Excellency Lachlan Macquarie then Captain- G-eneral and Grovernor-in- Chief and under and by virtue of the power and METHODIST MISSIONAEIES TRUSTEES. 693 authority in iim vested did give and grant unto Benjamin Carvosso 5 Wm. IV. Walter Lawry and Ealpli Mansfield Missionaries of the people called Methodists their assigns and successors for ever in trust for the use of the Missionaries appointed and to be thereafter appointed by the yearly conference of Methodists late in connection with the Reverend John Wesley deceased for the purpose of erecting a Methodist chapel thereon all that piece or parcel of ground con- taining sixty- six rods lying and situate in the town of Sydney bounded on the east by Macquarie-street bearing north two and two-third degrees west one hundred and sixty-six feet on the north side by a line bearing west two and one-third degrees south one hundred and seven feet on the west by a line bearing south one quarter of a degree east one hundred and sixty-six feet and on the south by a line bearing east two and a half degrees north one hundred and thirteen feet reserving at all times the right of appro- priating such parts as might be deemed necessary by the Governor for the time being for making and improving the streets and paying to the Crown an annual quit-rent of one pound fifteen shillings and four-pence And whereas a chapel was duly erected on such piece of ground for the use of the people called Methodists And whereas such chapel being in an inconvenient situation it is deemed expedient to sell the said piece of land and to purchase other land in a more central situation in the town of Sydney and erect a chapel on such purchased land for the use of the people called Methodists And whereas the said Benjamin Carvosso and Walter Lawry have been recalled to England by the conference of the people called Methodists and the said Ralph Mansfield has ceased to act as Missionary of the said society or people called Methodists And whereas Joseph Orton William Schofield and William Simpson Missionaries of the said society or people now residing in New South Wales have been regularly ap- pointed by the yearly conference of the Methodists as the successors of the said Benjamin Carvosso Walter Lawry and Ralph Mansfield and are now in possession of the said piece of land and the chapel erected thereon And whereas for the purpose of effecting the above inten- tions it is expedient that the said Joseph Orton William Schofield and William Simpson should be enabled and authorized to sell and dispose of the said piece of land in Maequarie-street and to purchase other land and to erect another chapel out of the proceeds to arise from such sale for the use of the people called Methodists And whereas it is ex- pedient that all doubts should be removed as to the persons in whom the legal estate of the said piece of land in Maequarie-street is now and in whom the legal estate of the land to be so purchased as aforesaid shall be vested but as such objects cannot be accomplished without the aid and authority of the Legislative Council Be it therefore enacted Legal estate by His Excellency the Grovernor of New South Wales with the advice Mfggtonaries^for of the Legislative Council thereof That from and after the passing of the time being, this Act the legal estate of the said piece or parcel of ground so granted by His Excellency Grovernor Macquarie by the hereinbefore recited grant shall be considered and the same is hereby declared to be vested in the said Joseph Orton William Schofield and William Simpson Missionaries appointed by the conference of the said society of people called Methodists and that the legal estate in such piece or parcel of ground or in any other piece or parcel of ground to be purchased out of the moneys to arise from the sale of the said land in Maequarie- street under the provisions of this Act shall vest iu the said Missionaries 694 METHODIST MISSIONAEIES TEUSTEES. 5 Wm. IV. Missionaries authorized to sell and execute deeds. Proceeds of sale to be paid into the Treasury. Power to con- tract for pur- chase of land. To cause esti- mates to be made and sub- mitted to His Excellency. for the time being and tlieir successors who shall be regularly appointed by the conference of the people called Methodists in England late in connection with the said John Wesley deceased. 2. And be it further enacted That from and immediately after the passing of this Act it shall be lawful for the said Joseph Orton "William Schofield and William Simpson or their successors Missionaries for the time being appointed by the conference of the said society of people called Methodists by public sale to sell and dispose of the said piece or parcel of land in Macquarie-street together with the materials of the chapel now erected thereon and to execute to the purchaser or pur- chasers thereof respectively a deed or deeds of sale and conveyance of the same. 3. And be it further enacted That the moneys to arise from the sale of the said land and of the materials of the said chapel shall be paid into the hands of the Colonial Treasurer to the credit of the said Joseph Orton William Schofield and William Simpson and their successors Missionaries for the time being appointed by the conference of the said society called Methodists and that the receipt of the Colonial Treasurer shall be a sufficient discharge to the purchaser or purchasers of the said piece or parcel of land and of the materials of the said chapel. 4. And be it further enacted That from and after the passing of this Act it shall be lawful for the said Joseph Orton William Schofield and William Simpson or their successors for the time being Missionaries as aforesaid to contract for the purchase of any piece or parcel of ground in the town of Sydney for the purpose of erecting a chapel thereon for the use of the people called Methodists in the room or stead of the said chapel erected on the said piece or parcel of ground in Macquarie- street. 5. And be it further enacted That it shall be lawful for the said Missionaries or their successors appointed by the conference as afore- said for the time being to cause estimates of the expense of erecting and building such intended chapel to bo made and upon such estimate being approved of by His Excellency the G-overnor of New South Wales to cause such intended new chapel to be erected and built and it shall be lawful for the said G-overnor from time to time by warrant under his hand to direct the Colonial Treasurer to pay to the said Missionaries or their successors appointed as aforesaid the amount of all such sum or sums of money to become due for or on account of the purchase money of the said land and of the expense of erecting the said chapel Provided that the moneys so to be drawn for do not exceed in amount and value the moneys paid into the hands of the Colonial Treasurer on account of moneys received from the sale of the said land in Macquarie-street and the materials of the said chapel and the receipt or receipts of the said Missionaries or of the Missionary or Missionaries for the time being appointed by the conference aforesaid shall be a sufficient discharge to the Colonial Treasurer for all moneys which shall be paid by him as aforesaid on account of such land so to be purchased or on account of the building erecting and finishing of such new chapel And provided further that no sum or sums of money shall be so drawn out of the hands of the said Treasurer vmless it shall appear to His Excellency the G-overnor for the time being that the amount of such sum or sums so required to be with- drawn from the said Treasurer has or have been fully and bond fide expended in the purchase of the said land and in the erection of the said new chapel for the purposes aforesaid. MINMI AND HEXHAM RAILWAY. 695 6. And be it further enacted That the land to be purchased as afore- S Wm. IV. . said and the said chapel when built and erected and the several pews Purchased land and seats within the same and the rents profits and proceeds thereof ^^t ta^MiL^on- shall be and the same are hereby declared to be vested in the said aries or trustees. Joseph Orton William Schofield and William Simpson and their successors for the time being Missionaries appointed by the conference of the people called Methodists or in such other persons as may be hereafter chosen as trustees thereof under and in conformity with the rules and regulations of the said conference of Methodists with full power and authority for the said Joseph Orton William Schofield and William Simpson or their successors as aforesaid to transfer such land and chapel to such trustees who are respectively to execute the usual deed of trust framed and recommended by the said conference for the use of the said people called Methodists. 7. And be it further enacted That in case no sale of the said land in case no sale and chapel in Macquarie-street shall take place under the provisions Misg'ionaries'"'^ of this Act then the said Joseph Orton William Schofield and enabled to trana- William Simpson or their successors Missionaries appointed by the &c. "^"^ '^^^ conference as aforesaid shall be and they are hereby empowered and enabled to transfer the same unto trustees under and in conformity with the rules and regulations of the said conference of Methodists and such trustees are respectively to execute the usual deed of trust recommended by the said conference for the use of the said people called Methodists. 8. And be it further enacted That nothing in this Actor Ordinance Reserving right contained shall be deemed to affect or apply to any right title or &c^'^ Majesty interest of His Majesty his heirs or successors or of any body cor- porate or politic or of any other person or persons excepting such as are mentioned herein or of those claiming by or under him or them. 9. And be it further enacted That this ordinance shall not com- when this Act mence or take effect until the same shall have received the Royal '^ *° ^^^ ^^^'^*- approbation and the notification of such approbation shall have been made by His Excellency the Grovernor in the New South Wales G-ov- emment Gazette. MINMI AND HEXHAM RAILWAY. An Act to authoriz^oc4 ''■continuation of a Railway from i8 Vioioeia. Minmi to J h^vfam. [7 November, 1854.] WHEREAS Johsv' ^res and John Christian of Berry Park in the Preamble, county of NorthvAnberland Esquires have opened coal-mines and established collieries at Minmi in the said county and in order to facili- tate communication between the said coal-mines and collieries and the Huater River are constructing a railway between Minmi and Hexham to be called the Minmi and Hexham Railway And whereas part of the said railway must be made upon and pass through land situate in the said county the property of John Malcolm of the city of Sydney gentleman but over which the said railway cannot be continued without Legislative authority And whereas the other proprietors interested namely William Dougall Christie William Charles Wentworth and 696 MINMI AND HEXHAM RAILWAY. 18 Victoria. James Mitchell Esquires have each conceded to the said John Eales and John Christian the land required from them respectively for the proposed railway under the conviction that it would improve the value of their properties and otherwise benefit them And whereas the said coal-mines and collieries of the said John Eales and John Christian are likely to prove beneficial to the Colony and the public are concerned in promoting such an increase in and facilities for the supply of coal for local consumption steam navigation and export as would result from the completion of the said railway And whereas the Minmi and Hexham Railway cannot be continued to the terminus at Hexham without crossing the Hunter River Railway Company's line on the level and the Hunter River Railway Company have consented to such crossing on the conditions hereinafter expressed And whereas it is desirable to authorize by Legislative enactment the continuation of the Minmi and Hexham railway subject to the provisions hereinafter contained upon payment of compensation to the said John Malcolm for such portion of his land as may be required to be occupied thereby Be it therefore enacted by His Excellency the Grovernor G-eneral of New South Wales with the advice and consent of the Legislative Council thereof — Continuing rail- 1. It shall be lawf ul f Or the promoters to make and continue a railway JZi Ml5c'oim.°' ^°^ t^e south boundary of the said John Malcolm's land in the line described in the Schedule hereunto annexed but so that such railway shall not occupy in any part thereof a greater space in breadth than sixty-six feet including the supports abutments and foundations thereof Provided also that the railway shall be constructed and brought into use within the term of five years from the passing of this Act. Site of railway 2. The ground and soil of so much of the site of the railway as passes thepromofeS'" o^er the land of the said John Malcolm together with such right of without convey- ingress egress and regress upon the adjacent land as may be necessary for anoe. ^-^^ making and repair thereof shall be vested by virtue of this Act and without the necessity of any conveyance in the promoters for the pur- poses of the railway Provided that if in the exercise of the powers hereby granted it be found necessary to cross cut through raise sink or use any part of any road whether carriage-road or horse-road so as to render it impassable for or dangerous or inconvenient to the persons entitled to the use thereof the promoters shall before the commencement of any such operations cause a sufficient road to be made instead of any road interfered with and shaJl at their own expense maintain such substituted road in a siate ■aS'cOTiveurent as^he road interfered with or as nearly so as may be And the promoters before"tll|ij»-^jj,"i the said land of the said John Malcolm for any of the purposes at^j fd shall if required so to do separate the same by a sufficient fence f'fcals'dl-'-^-'^'^ adjoining thereto with such gates as may be required for ■^^Tfevries ''iiieii''' occupation of such land and shall also to all private roads ii^'3(| y them as aforesaid put up fences and gates in like manner in all cases where the same may be necessary to prevent the straying of cattle from or upon the lands traversed by such roads and in case of any difference between the owners or occupiers of such roads and lands and the promoters as to the necessity for such fences and gates such gates shall bo put up by the promoters as any two Justices of the Peace shall deem necessary for the purposes aforesaid on application being made to them. Railway open to 3. The railway shall be at all times open to the public upon payment the public. of a toll to the promoters of sixpence per ton per mile in respect of every ton of goods for every transit the party seeking transit supplying- MINMI AND HEXHAM EAILWAT. 697 Ms own trucks or waggons and the promoters supplying locomotive power 18 Victobia, (being thereunto required by the party seeking transit twenty-f our hours at least previously) and such supply of locomotive power shall not be compulsory on the promoters unless the party seeking transit guarantee and bring two hundred tons at the least during the twelve working hours to be mentioned in such notice But it shall be compulsory on the pro- moters to carry any quantity not less than forty tons if the locomotive be actually at work and all trucks when emptied shall be conveyed on their return free of cost The railway shall be at all times open to the public upon payment of a toll to the promoters of four-pence per ton per mile in respect of every ton of goods for every transit if the party seeking transit supply the locomotive power as well as trucks or wagons Provided that so long as the promoters shall supply locomotive power no other person shall use locomotive power on the line Provided that if the railway shall be damaged by parties who shall themselves use the railway for transit and supply locomotive power the promoters shall be entitled to compensation for such damage to be recovered either by action in the Supreme Court of New South "Wales or if such damage do not exceed the sum of twenty pounds summarily before two Justices and in estimating such damage the promoters shall be entitled not only to compensation for the cost of repairing and restoring the railway but to the consequential damage (if any) sustained by reason of the suspension of transit After the railway shall have been opened for transit the promoters shall continue to provide the locomotive power required for using the same (accidents excepted) until twenty- eight days notice shall have been given by them by advertisement in the New South Wales Grovernment G-azette that they intend after the expiration of a day to be named in such notice to suspend or discontinue working the line or supplying the necessary locomotive power thereon whereupon it shall be lawful for any person entitled to use the railway to provide locomotive power such person paying the toll hereinbefore mentioned to be payable in such event Provided that any person interested in using the railway upon giving three calendar months previous notice in writing of his intention so to do to the promoters may make applica- tion to the Executive Council of New South "Wales to reduce the tolls limited by this Act and to create a new scale applicable to the traffic on the said railway such new scale being below the scale limited by this Act and it shall thereupon be lawful for the said Council to reduce the tolls as in the judgment of the said Council shall be reasonable Provided that the clear divisible proiits of the railway shall be annually made good to the promoters at the rate of twenty pounds for every one hundred pounds by the year of the capital proved by the promoters to have been expended by them in or about the construction of the railway after debiting the railway with the cost of maintaining the line in proper working order and crediting the railway with the carriage obtained by the promoters at the rates aforesaid. 4. Eor the purposes and subject to the provisions hereinafter con- Power to divert tained it shall be lawful for the promoters their deputies agents ""^ ^it^r roads, servants and workmen and all other persons by them authorized and empowered to divert or alter the course of any road or way crossing the railway or to raise or sink any road or way in order the more con- veniently to carry the same over or under or by the side of the railway. 698 MINMI AND HEXHAM RAILWAY. 18 Victoria. 5. If the line of railway cross any public higliway or iDarist road Bridges to be then either such road shall be carried over the railway or the railway where'raiiway shall be Carried over such road by means of a bridge of the height crosses highway, and width and with the ascent or descent by this Act in that behalf hereinafter provided and such bridge with the immediate approaches and all other necessary works connected therewith shall be executed by and be at all times thereafter maintained at the expense of the promoters Provided that with the consent of two Justices as after mentioned it shall be lawful for the promoters to carry the railway across any highway on the level. Provisions in 6. If the railway cross any public highway or parish road on a roads Secrossed -^^^^^ *^® promoters shall erect and at all times maintain good and on a level. sufficient gates across such road on each side of the railway where the same shall communicate therewith and shall employ proper persons to open and shut such gates and such gates shall be kept constantly closed across such roads on both sides of the railway except during the time when horses cattle carts or carriages passing along the same shall have to cross such railway and such gates shall be of such dimen- sions and so constructed as when closed to fence in the railway and prevent cattle or horses passing along the road from entering upon the railway and the person entrusted with the care of such gates shall cause the same to be closed as soon as such horses cattle carts or carriages shall have passed through the same under a penalty of forty shillings for every default therein Provided always that it shall be lawful for the Grovernment Inspector of Railways (if any) in any case in which he shall be satisiied that it will be more conducive to the public safety that the gates on any level crossing over any such road should be kept closed across the railway to order that such gates shall be kept so closed instead of across the road and in such case such gates shall be kept constantly closed across the railway except when engines or carriages passing along the railway shall have occasion to cross such road in the same manner and under the like penalty as above directed with respect to the gates being kept closed across the road. Power to enter 7. In case of accidents or slips happening or being apprehended to lands to''re"a?r *^® cuttings embankments or other works of the said railway it shall accidents subject be lawful for the promoters and their workmen and servants to enter restricMoEs. upon the land adjoining thereto at any time whatsoever for the pur- pose of repairing or preventing such accidents and to do such works as may be necessary for the purpose but in every such case the promoters shall within forty-eight hours after such entry make a report to the G-overnment Inspector of railways if any and if not then to the nearest bench of Magistrates specifying the nature of such accident or apprehended accident and of the works necessary to be done and such powers shall cease and determine if the said Grovernment Inspec- tor or Bench of Magistrates shall after considering the said report certify that their exercise is not necessary for the public safety Pro- vided also that such works shall be as little injurious to the said adjoining lands as the nature of the accident or apprehended accident will admit of and shall be executed with all possible dispatch and full compensation shall be made to the owners and occupiers of such lands- for the loss or injury or inconvenience sustained by them respectively by reason of such works the amount of which compensation in case of any dispute about the same shall be settled by arbitrators, in the^ MINMI AND HEXHAM EAILWAT. 699 manner hereinafter mentioned And provided also that no land shall 18 Victoria^ be taken permanently for any such works otherwise than is herein provided with respect to the lands originally taken for the purpose of making the said railway. 8. Every bridge to be erected for the purpose of carrying the rail- Constniction of way over any road shall be built in conformity with the following roacS?^ °™' regulations (that is to say) — The width of the arch shall be such as to leave thereunder a clear space of not less than thirty-five feet if the arch be over a public highway and of twenty-five feet if over a parish road and of twelve feet if over a private road. The clear height of the arch from the surface of the road shall not be less than sixteen feet for a space of twelve feet if the arch be over a turnpike road and fifteen feet for a Space of ten feet if over a public carriage road and in each of such cases the clear height at the springing of the arch shall not be less than twelve feet the clear height of the arch for a space of nine feet shall not be less than fourteen feet over a private road. The descent made in the road in order to carry the same under the bridge shall not be more than one foot in thirty feet if the bridge be over a public highway one foot in twenty feet if over a parish road and one foot in sixteen feet if over a private road not being a tramroad or railroad or if the same be a tramroad or railroad the descent shall not be greater than the ruling gradient of such tramroad or railroad. 9. Every bridge erected for carrying any road over the railway shall construction ot be built in conformity with the following regulations (that is to say) — raifS."™"^ There shall be a good and sufficient fence on each side of the bridge of not less height than four feet and on each side of the immediate approaches of such bridge of not less than three feet. The road over the bridge shall have a clear space between the fences thereof of thirty-five feet if the road be a public high- way and twenty-five feet if a parish road and twelve feet if a private road. The ascent shall not be more than one foot in thirty feet if the road be a turnpike road one foot in twenty feet if a parish road and one foot in sixteen feet if a private road not being a tramroad or railroad or if the same be a tramroad or rail- road the ascent shall not be greater than the ruling gradient of such tramroad or railroad. 10. Provided always that in all cases where the average available The width of width for the passing of carriages of any existing road within fifty l^^t e^ceeitiie yards of the points of crossing the same is less than the width herein- J^^^'j^'^.^'Jj^i^ before prescribed for bridges over or under the railway the width of cases. such bridges need not be greater than such average available width of such roads but so nevertheless that such bridges be not of less width in case of a public highway or parish road than twenty feet Provided also that if at any time after the construction of the railway the aver- age available width of any such road shall be increased beyond the width of such bridge on either side thereof the promoters shall be 700 MINMI AND HEXHAM EAILWAY. 18 Victoria, bound at their own expense to increase the width of the said bridge to such extent as they may be required by the trustees or surveyors o£ such road not exceeding the width of such road as so widened or the maximum width herein prescribed for a bridge in the like case over or under the railway. Existing inciina- 11. Provided also that if the mesne inclination of any road within crossed ott"*^ two hundred and fifty yards of the point of crossing the same or the diverted need inclination of such portion of any road as may require to be altered or e improve . ^^^ -wrhich another road shall be substituted shall be steeper than the inclination hereinbefore required to be preserved by the promoters then the promoters may carry any such road over or under the railway or may construct such altered or substituted road at an inclination not steeper than the said mesne inclination of the road so to be crossed or of the road so requiring to be altered or for which another road shall be substituted. Worics tor 12. The promoters shall make and at all times thereafter maintain owners." the following works for the accommodation of the owners and occupiers of lands adjoining the railway (that is to say) — Gates bridgea Such and SO many convenient gates bridges arches culverts and *"■ passages over under or by the sides of or leading to or from the railway as shall be necessary for the purpose of making good any interruptions caused by the railway to the use of the lands through which the railway shall be made and such works shall be made forthwith after the part of the railway , passing over such lands shall have been laid out or formed or during the formation thereof. Fences. Also sufficient posts rails hedges ditches mounds or other fences for separating the land taken for the use of the railway from the adjoining lands not taken and protecting such lands from trespass or the cattle of the owners or occupiers thereof from straying thereon by reason of the railway together with all necessary gates made to open towards such adjoining lands and not towards the railway and all necessary stiles and such posts rails and other fences shall be made forthwith after the taking of any such lands if the owners thereof shall so require and the said other works as soon as conveniently may be. Drains. Also all necessary arches tunnels culverts drains or other passages either over or under or by the sides of the railway of such dimensions as will be sufficient at all times to convey the water as clearly from the lands lying near or affected by the railway as before the making of the railway or as nearly so as may be and such works shall be made from time to time as the railway works proceed. Watering places. Also proper watering places for cattle or compensation in lieu thereof where by reason of the railway the cattle of any person occupying any lands lying near thereto shall be de- prived of access to their former watering places and such watering places shall be so made as to be at all times suffi- ciently supplied with water as theretofore and as if the rail- way had not been made or as nearly so as may be and tha said promoters shall make all necessary watercourses and drains for the purpose of conveying water to the said water- ing places. MINMI AND HEXHAM EAILWAT. 701 Provided always that the promoters shall not be required to make such is Victoria. accommodation works in such a manner as would prevent or obstruct the working or using of the railway nor to make any accommodation works with respect to which the owners and occupiers of the lands shall have agreed to receive and shall have been paid compensation instead of the making them. 13. If any person omit to shut and fasten any gate set up at either penalty on per- side of the railway for the accommodation of the owners or occupiers fastencates"" *° of the adjoining lands so soon as he and the carriage cattle or other animals under his care have passed through the same he shall forfeit for every such offence any sum not exceeding forty shillings. 14. If within twenty-eight days after the passing of this Act the Compensation said John Malcolm and the promoters shall not agree as to the amount "''^"^''• of the compensation to be paid by them for the said land belonging to the said John Malcolm or for any damage that may be sustained by him by reason of the execution of the works the amount of such com- pensation shall be settled by arbitrators in manner hereinafter mentioned. 15. The promoters shall (subject to the provisions hereinafter con- company's pro- tained) have power to cross the Company's railway on the level in such tection clause, manner as shall be directed by the engineer of the Company for the time being and the rails for such crossing shall be laid down by the promoters or by the Company if they shall think fit at the expense of the promoters under and subject to the direction of such engineer Provided that the promoters shall before they shall be at liberty to cross the said railway erect upon their own land and at all times there- after maiutain a suitable station or lodge at the place where the said railway shall cross the Company's railway on the level and shall also erect and maintain good and suificient gates across the railway on each side of the Company's railway where the same shall communicate there- with such gates to be erected in accordance with and under the direc- tion and to the satisfaction of the Company's engineer And the pro- moters shall employ and constantly keep employed at their own ex- pense at the said station or lodge fit and proper persons to open and shut such gates and the persons so employed shall be under the con- trol of the engineer and officers of the Company And the pro- moters shall make compensation and satisfaction to the Company (the amount of such compensation and satisfaction to be ascertained and recovered in case of difference in the manner hereinafter pro- vided) for temporary permanent or recurring injury and all other damage loss costs charges and inconvenience which may be in anywise occasioned to the Company by such crossing or by the laying or repair of the said rails or the non-performance by the said promoters of any of the matters and things hereby required to be performed by them or otherwise and if the promoters and the Company shall not agree as to the amount of compensation to be paid by the promoters to the Company for laying down such rails or for or in respect of or in relation to any of the matters and things aforesaid then such amount shall be ascertained by arbitrators in the manner hereinafter provided in case the said John Malcolm and the promoters shall not agree as to the amount to be paid by them for the land belonging to the said John Malcolm Provided that the costs of such arbitration shall be borne by the promoters and if such amount when ascertained be not paid by the promoters to the Company on demand the same may be arbitrators. 702 MINMI AND HEXHAM EAILWAT. IS VicTOBiA. recovered from tlie promoters by the Company in an action of debt or by any other proceeding for enforcing performance of awards in the Supreme Court of New South. Wales. Appointment of 16. Unless both parties shall ;oncur in the appointment of a single arbitrator each party on the requo^', of the other party shall nominate and appoint an arbitrator to whom such dispute or other matter shall be referred and every appointment of an arbitrator shall be under the hand of such party and such appointment shall be delivered to the arbitrator or arbitrators and shall be deemed a submission to arbitration on the part of the party by whom the same shall be made and after any such appointment shall have been made neither party shall have power to revoke the same without the consent of the other nor shall the death of either party operate as a revocation and if for the space of fourteen days after any such dispute or other matter shall have arisen and after a request in writing shall have been served by the one party on the other party to appoint an arbitrator such last-mentioned party fail to appoint such arbitrator then upon such failure the party making the request and having himself appointed an arbitrator may appoint such arbitrator to act on behalf of^ both parties and such arbitrator may proceed to hear and determine the matters which shall be in dispute and in such case the award or determination of such single arbitrator shall be final and conclusive. Vacancy of arbi- 17. If before the matter so referred shall be determined any arbi- ^vTjDiied" ''^ trator appointed by either party shall die or become incapable or refuse or for fourteen days neglect to act as arbitrator the party by whom such arbitrator was appointed may nominate and appoint in writing some other person to act in his place and if for the space of seven days after notice in writing from the other party for that purpose he fail to do so the remaiiaing or other arbitrator may proceed alone and every arbitrator so to be substituted as aforesaid shall have the same powers, and authorities as were vested in the former arbitrator at the time of such hia death refusal neglect or disability as aforesaid. Appointment of 18. "Where more than one arbitrator shall have been appointed umpire. such arbitrators shall before they enter upon the matters referred to them nominate and appoint by writing under their hands an umpire to decide any matters on which they shall differ or which shall be referred to them under the provisions of this Act and if such umpire shall die or refuse or for seven days neglect to act after being called upon to do so by the arbitrators they shall forthwith after such death refusal or neglect appoint another umpire in his place and the decision of every such umpire on the matters so referred to him shall be final. One of the 19. If in either of the cases aforesaid the arbitrators shall refuse ov Supfemf Court shall for seven days after request of either ]5arty to such arbitration to ajjpoint neglect to appoint an umpire it shall be lawful for any of tlie Judges of neglect. "^ the Supreme Court on the application of either party to such arbitration to appoint an umpire and the decision of such umpire on the matters on which the arbitrators shall differ or which shall be referred to him under this Act shall be final. In case of death 20. If when a single arbitrator shall have been appointed such tratoTthem^Jtter arbitrator shall die or become incapable or shall refuse or for fourteen to begin d« now. days neglect to act before he shall have made his award the matters referred to him shall be determined by arbitration under the provisions of this Act in the same manner as if such arbitrator had not been appointed. MINMI AND HEXHAM EAILWAT. 703 21. If where more than one arbitrator shall have heen appointed either 18 Victoeia. of the arbitrators shall refuse or for seven days neglect to act the other if either arwtra- arhitrator may proceed alone and the decision of such other arbitrator theothei^o""'' shall be as effectual as if he had been the single arbitrator appointed proceedexparte. by both parties. 22. If where more than one arbitrator shall have been appointed if arbitratora and where neither of them shall refuse or neglect to act as aforesaid Iwi^'^thta °'' such arbitrators shall fail to make their award within twenty-one days twenty-one days after the day on which the last of such arbitrators shall have been to'the'umpire.^° appointed or within such extended time (if any) as shall have been appointed for that purpose by both of such arbitrators under their hands the matters referred to them shall be determined by the umpire to be appointed as aforesaid. 23. The said arbitrators or their umpire may call for the production Powers of arbi- of any documents in the possession or power of either party which (^'books &c'^ they or he may think necessary for determining the question in dispute and may examine the parties or their witnesses on oath and administer the oaths necessary for that purpose. 24. Before any arbitrator or umpire shall enter into the consideration Arbitrator or of any matters referred to him he shall in the presence of a Justice of ™eciaration'£or the Peace make and subscribe the following declaration (that is to say) — faithful dis- I A.B. do solemnly and sincerely declare that I will faithfully and honestly and to the best of my skill and ability hear and determine the matters referred to me under the provisions of the Minmi and Hexham Railway Act. Made and subscribed in the presence of A.B. And such declaration shall be annexed to the award when made and if penalty for any arbitrator or umpire having made such declaration shall wilfully misconduct, act contrary thereto he shall be guilty of a misdemeanor. 25. All the costs of any such arbitration and incident thereto to be cost of arbitra- gettled by the arbitrators shall be borne by the promoters unless the borne"'' *° ^ arbitrators shall award the same or a less sum than shall have been offered by the promoters in which case each party shall bear his own costs incident to the arbitration and the costs of the arbitrators shall be borne by the parties in equal proportions unless the amount awarded shall be one-fourth less than the amount in which case the whole costs shall be paid by the claimant Provided that if either party shall be dissatisfied with the costs allowed by the arbitrators as aforesaid the costs may be taxed by the Prothonotary or other proper officer of the Supreme Court and the amount allowed by such officer shall be the amount of costs to be paid. 26. The arbitrators shall deliver their award in writing to the pro- Award to be de- moters who shall retain the same and shall forthwith on demand at pJomotera'^^ their own expense furnish a copy thereof to the other party and shall at all times on demand produce the said award and aUow the same to be inspected or examined by such party or any person appointed by him for that purpose. 27. The submission to any such arbitration may be made a rule of SubmiBsion may the Supreme Court on the application of either of the parties. o^Siurt.'' '^'^^ 28. No award made with respect to any question referred to arbi- Award not void tration under the provisions of this Act shall be set aside for irregu- jg™"^* ^"°'' " larity or error in matter of form. 704 MINMI AND HEXHAM EAILWAT. 18 Victoria. Interpretation clause. 29. The following words and expressions in this Act shall have the meaning hereby assigned to them unless there be something either in the subject or context repugnant to such construction The word " promoters " shall mean the said John Eales and John Christian their heirs and assigns The word " railway " shall mean the Minmi and Hexham Railway The word " Company " shall mean the Hunter Eiver Eailway Company and in citing this Act it shall be sufficient to use the expression the Minmi and Hexham Ilailway Act The word " Justice " shall mean Justice of the Peace in and for the territory of New South "Wales and who shall not be interested in the matter requiring the cognizance of such Justice and where any matter shall be authorized or required to be done by two Justices the expression " two Justices " shall mean two Justices assembled and acting together in Petty Sessions and where under the provisions of this Act any notice shall be required to be given to the owner of any land or where any act shall be author- ized or required to be done with the consent of any such owner the word " owner " shall be understood to mean any person or corporation who under the provisions of this Act would be enabled to sell land to the promoters. SCHEDULE. Commencing on the south boundary-line of the said John Malcolm's six hundred and forty acres being the north boundary-line of William Charles Wentworth's six hundred and forty acres being a line bearing north thirty-seven degrees east or thereabouts and continuing in that direction for a distance of one thousand three hundred and seventy-five yards (more or less) to the east boundary-line of the said John Malcolm's said six hundred and forty acres which said last-mentioned boundary-line divides the same from the said William Charles Wentworth's one thousand acres. Preamble. 18 Vic. Minmi and Hexham Railway Act. 24 VicTOKiA, An Act to amend the Minmi and Hexham Railway Act. [10 May, 1861.] WHEEEAS in the eighteenth year of the reign of Her present Majesty an Act was passed which it was thereby enacted might be cited as the Minmi and Hexham Eailway Act and in which the word "promoters" was to mean John Eales and John Christian their heirs and assigns And whereas by an indenture dated on or about the fourteenth day of December one thousand eight hundred and fifty- nine and made between the said John Eales and Jane his wife of the first part the said John Christian of the second part and James Brown and Alexander Brown therein mentioned to carry on business together in partnership under the firm of James and Alexander Brown of the third part they the said John Eales and John Christian did grant bar- gain sell alien release and confirjn unto the said James Brown and Alexander Brown and their heirs (amongst other things) the land described in the Schedule to the said Act and all the legal equitable beneficial and other estate right title and interest whatsoever of the said John Eales and John Christian and of each of them under or by virtue of the said Act And whereas further land in the vicinity of the said railway is required for the purposes thereof but there are no persons in this Colony competent to sell and convey the said land so as to make a good title thereto Be it therefore enacted by MINMI AND HEXHAM EAILWAT. 705 tlie Queen's Most Excellent Majesty by and witli tlie advice and con- 24 Victoria. sent of tlie Legislative Council and Legislative Assembly of 'New South Wales in Parliament assembled and by the authority of the same as f oUowB : — 1. Upon payment at any time within one year after the passing of Land vested in this Act into the hands of the Master- in Equity of the compensation hereinafter referred to the fee-simple in possession of the lands described iu the Schedule to this Act shall by virtue of this Act and without the necessity of any conveyance be vested in the said James Brown and Alexander Brown their lieirs and assigns. 2. The amount for the compensation for the said lands to be paid by compensation, the said James Brown and Alexander Brown their heirs or assigns shall be determined in manner hereinafter specified. 3. Upon application by the said James Brown and Alexander Brown Appointment of their heirs or assigns to a Judge of the Supreme Court seven days ™'"^*°"^- notice of the intention to apply on a day therein named having first been given in the Gazette such Judge shall by order in writing appoint some competent person to be valuator for the purposes of this Act. 4. The valuator shall determine the amount of the said compensation Valuator to Provided that if he shall estimate the compensation at less than that peusation sum which would be the price of the whole of the land taken by this —Minimum. Act upon a calculation of eighty pounds per acre for every part thereof then such sum calculated at eighty pounds per acre shall be the amount of the compensation. 5. The valuator shall annex to his valuation a certificate in writing Valuator's subscribed by him of the correctness thereof and he shall before com- declaration?" mencing the valuation make and subscribe in the presence of one Justice of the Peace a declaration to be written at the foot of the said order and to be to the following effect viz. — 1 A.B. do solemnly and sincerely declare that I have no interest directly or indirectly in the property to which the above order relates nor in the matter of the valuation thereof and that I wiU honestly faithfully and impartially according to the best of my skiU and ability execute the duty of making the valuation by the said order referred to me. A.B. Declared and subscribed in the presence of And if the declarant shall corruptly make such declaration or having i^mishment for made such declaration shall wilfully act contrary thereto he shall be "'' ■^«'=°°' eldest child, minority of the said Wilhelmina Q-osling Moore and from time to time during such minority to sell the lands described in the first Schedule to this Act or any part or parts thereof by public auction or private contract in such lots and upon such terms and conditions as the said trustees with the consent of the Master in Equity shall deem most expedient and for such price or prices as can reasonably be obtained for the same and when sold to convey the same or any part or parts thereof to the purchaser or purchasers his or their heirs and assigns or to such uses and in such manner as such purchaser or pur- chasers may direct and thereupon the said lands or such part or parts thereof as shall be so conveyed by the said trustees shall vest abso- lutely in the person or persons to whom the same shall have been so con- veyed his or their heirs and assigns or go and remain to such uses and in such manner as aforesaid freed and discharged from the trusts of the said will And the receipts in writing of the said trustees for the purchase money of the said lands or any part thereof shall be valid and effectual discharges to the purchaser or purchasers thereof and shall relieve such purchaser or purchasers from all responsibility for the misapplication or non-application of such purchase money. 2. It shall be lawful for the said trustees with the consent of the power to give Master in Equity to give credit to any purchaser or purchasers of the chlse'mone"'^ said lands or any part or parts thereof for any number of years not exceeding five for the payment of so much of his or their purchase money as shall not exceed two-thirds of the whole upon such terms as to interest as maybe deemed proper provided that the lands so sold shall remain unconveyed or be otherwise rendered a security for so much of the purcase money as may remain unpaid together with interest thereon until the same shall have been wholly satisfied. 3. It shall be lawful for the said trustees with such consent as Power to grant aforesaid during such minority by deed to lease any part or parts of provlng^i^™." the unsold lands described in the first and second Schedules to this Act to any person or persons who shall covenant to improve the same by erecting thereon any house or building or by repairing or rebuild- ing any house or building which may be now or shall be hereafter standing thereon or by otherwise expending in improvements such moneys as shall be deemed adequate But so that every such lease shall be for a term not exceeding ninety-nine years to take effect in posr session and shall be at the best rent that can be reasonably obtained for the same having regard to the covenants to be performed on the part of the lessee but without taking anything in the nature of a fine or premium and so also that every lease executed under this power shall contain a covenant by the lessee to pay the rent thereby reserved and 728 MOOEE'S ESTATE. 42 VicTOEiA. a condition o£ re-entry on non-payment thereof or on non-observance by the lessee of tbe other covenants therein contained and so also that a counterpart of such lease be executed by the lessee. Power to grant 4. It shall be lawful for the said trustees with such consent and tien yeare.'"""' during such minority as aforesaid to lease either the whole or any part or parts of the said lands described in the first and second Schedules of this Act for any term not exceeding fourteen years from the time of making such leases so as there be reserved on every such lease the best rent that can reasonably be obtained without taking any fine or premium for the granting thereof and so also that there be contained in every lease executed under this power a covenant by the lessee to pay the rent thereby reserved and a condition of re-entry on non-payment thereof or non-observance of the other covenants therein contained and so also that a counterpart of the lease be executed by the lessee. Trestgof the 5. The said trustees shall stand possessed of the rents and profits of and'^ro"cted3°of ' *^^ ^^^'^ lands and of the proceeds of every sale under the power herein sale. contaiued upon trust in the first place to pay the costs and expenses of and incidental to such sale And subject thereto upon trust to pay and apply the said moneys ia and towards the payment of the annuities bequeathed by the said will and towards the maintenance and repair of any houses or buildings now standing or hereafter to be erected on the said lands and to invest the residue at interest upon such security of freehold lands in the city of Sydney or upon such debentures or secu- rities of the Government of the said Colony in the said Colony with power to vary the said investments from time to time for others of the jiind hereby authorized as the Master in Equity shall approve of And the said investments shall be subject to the same trusts in all respects as if they had formed part of the estate of which the said William Grosling Moore was possessed at the time of his death. Short title. 6. This Act shall be styled the " Moore Estate Act of 1879." SCHEDULES. THE FIRST SCHEDULE. The "Woolpack Inn." All that parcel o£ land containing by admeasurement one rood and four perches and situated in the city of Sydney parish of Saint Lawrence county of Cumberland and Colony of New South Wales bounded on the east by Andrew Byrnes' allot- ment bearing east thirty-eight degrees north one hundred and eighty links and an allotment bearing east fifty degrees north one hundred and forty-eight links on the north by Susannah Adams' allotment bearing west forty-six degrees thirty minutes north eighty-one links on the west by George Richards' and Thomas Ryan's allot- ments bearing south forty-six degrees thirty minutes west three hundred and ten links on the south by George-street bearing south thirty-one degrees thirty minutes east eighty-three links being allotment number two of section number two described in the Government notice of the eighth day of June one thousand eight hundred and thirty Together with the messuage or inn erected on the said land known as the "Woolpack Inn" which said parcel of land with the appurtenances was vested in the said William Gosling Moore for an estate of inheritance in fee simple in possession. WlLDFBLL. All that piece or parcel of land situate lying and being at Potts Point WooUoo- mooloo in the parish of Alexandria county of Cumberland in the Colony of New South Wales Commencing at the south-east comer of Mr. S. F. Milford's purchase and bounded on the north-west by Mr. Milford's fence bearing north-easterly five MOOEE'S ESTATE. 729 hundred and twenty-five links to the sea-wall on the north-east by the sea-wall 42 Victoria. sixty-seven links and a continued line to the centre of the door of the bathing- house sixty-one links on the south-east by a line separating it from Mr. W. G. Moore's purchase bearing southerly four hundred and seventy-five links to a stake near the ledge of the rock upon which the present stable stands then by an irregular line formed by the rock which curves inwards about six feet to a post- hole in the rock the distance between the two last points in a straight line being ninety-two links on the south-west by the road bearing northerly twenty-nine links to the commencing point containing two roods or thereabouts also one- half of the bathing-house which said parcel of land with the appurtenances was vested in the said William Gosling Moore for an estate of inheritance in fee simple in possession. BERBYJflELD. All that piece or parcel of land situate lying and being at Potts Point WooUoo- mooloo in the parish of Alexandria in the county of Cumberland in the Colony of New South Wales Commencing at the south-west angle of Mrs. Kelly's property and bounded on the south-east by Mrs. Kelly's wall and fence bearing north- easterly to the sea-wall on the north-east by the sea-wall bearing westerly seventy- two links and a continued line of sixty-one links to the centre of the door of the bathing-house on the north-west by a line separating it from Mr. Layoock's pur- chase bearing south-westerly four hundred and seventy-five links to a stake near the ledge of rock upon which the stable stands then by an irregular line formed by the rook which curves outwards about six feet to a post hole in the rock on the roadside on the south by the road bearing easterly forming the segment of a circle rising twelve links from a base line of one hundred and ninety-two links to Mrs. Kelly's corner-post containing three roods and ten perches or thereabouts which said parcel of land was vested in the said William Gosling Moore for an estate of inheritance in fee simple in possession. THE SECOND SCHEDULE. The "Ship Inn." All that allotment or parcel of land in the said Colony containing by admeasure- ment two perches and one quarter of a perch be the same more or less situated in the county of Cumberland parish of Saint Philip city of Sydney and being allot- ment number three (a) of section number one hundred Commencing on the eastern building-line of Pitt-street north at the north-western comer of allotment three and bounded thence on the west by that building-line northerly eighteen feet on the north-east by a line south-easterly sixty-nine feet nine inches to the north-east comer of allotment three aforesaid and on the south by the northern boundary-line of that allotment westerly at right angles to Pitt-street sixty-seven feet three inches to the point of commencemeut being the allotment sold as lot M nnder the advertisement dated the thirty-first day of December one thousand eight hundred and sixty-six which said parcel of land with the appurtenances was vested in the said William Gosling Moore for an estate of inheritance in fee simple in possession. Newtown. All that parcel of land being lot thirteen of the land mentioned in certain inden- tures of lease and release dated the twenty-eighth and twenty-ninth days of July one thousand eight hundred and forty-one the latter made between Charles Hal- lett and Felix Slade of the first part John Kettle of the second part and John Davis of the third part Commencing at the south-east comer of lot eleven and bounded on the south by the Newtown Eoad being a line bearing east twenty- eight degrees north forty feet on the east by lot fifteen being a line bearing north twenty-eight degrees west one hundred feet on the north by lot fourteen being a line bearing west twenty-eight degrees south forty feet and on the west by lot eleven being a line bearing south twenty -eight degrees east one hundred feet to the point of commencement which said parcel of land with the appurtenances was vested in the said William Gosling Moore for an estate of inheritance in fee- simple in possession. Campekdown. All that piece or parcel of land forming part of Camperdown-terrace in the parish of Petersham in the county of Cumberland and Colony of New South Wales Commencing at the north-east corner of lot eighteen and bounded on the 730 MOORE'S ESTATE. 42 Victoria, west by that lot being a line bearing south twenty-eight degrees east one hundred feet on the south by lot nineteen being a line bearing east twenty-eight degrees north forty feet on the east by lot twenty-two being a line bearing north twenty- eightdegrees west onehundred feetto Campbell-street andon the north by Campbell- street being a line bearing west twenty-eight degrees south forty feet to the com- mencing point which said parcel of land was vested in the said William Gosling Moore for an estate of inheritance in fee-simple in possession. Camperdown. All that piece or parcel of land at Camperdown-terrace in the parish of Peter- sham in the county of Cumberland and Colony of New South Wales Commencing at the south-east corner of lot nine and bounded on the south by the Newtown Road being a line bearing east twenty-eight degrees north forty feet on the east by lot thirteen being a line bearing north twenty-eight degrees west one hundred feet on the north by lot twelve being a line bearing west twenty-eight degrees south forty feet on the west by lot nine being a line bearing south twenty-eight degrees east one hundred feet to the point of commencement be the said several dimen- sions a little more or less which piece or parcel of land forms lot eleven of Cam- perdown-terrace aforesaid on a plan thereof by William Henry "Wells And aU that piece or parcel of land situate lying and being near Sydney aforesaid being part of the Camperdown Estate and lot number twelve in Camperdown-terrace parish of Petersham Commencing at the north-east corner of lot ten and bounded on the west by lot ten being a line bearing south twenty-eight degrees east one hundred feet on the south by lot eleven being a line east twenty -eight degrees north forty feet on the east by the original lot fourteen being a line north twenty- eight degrees west one hundred feet to Campbell-street and on the north by Campbell-street being a line bearing west twenty-eight degrees south forty feet to the point of commencement which said pieces of land were vested in the said William Gosling Moore for an estate of inheritance in fee-simple in possession. Macleat-street. All that piece or parcel of land situate lying and being in the parish of Alexan- dria city, of Sydney county of Cumberland and Colony of New South Wales and being allotment number nine of the subdivision of the Elizabeth Bay estate part of fifty-four acres granted to Alexander Macleay on the nineteenth day of October one thousand eight hundred and thirty-one and .commencing on the east side of Macleay-street five hundred and forty-seven feet southerly from its junction with Wylde-street and bounded on the west by said Macleay-street bearing south one degree east sixty feet on the south by the northern boundary of lot ten bearing east one degree north one hundred and twenty feet on the east by a line bearing north one degree west sixty feet and on the north by the southern boundary of lot eight bearing west one degree south one hundred and twenty feet to the point of commencement and containing an area of twenty-six perches be the said several dimensions a little more or less and which said piece of land is now held under lease from George Macleay for a term of ninety-nine years from the fifteenth day of December one thousand eight hundred and sixty-five at a yearly ground rent of twenty-five pounds payable half-yearly on the fifteenth day of June and the fifteenth day of December in each year. 731 MOEEHEAD AND YOUNG'S RAILWAY. An Act to enable Robert Archibald Alison Morebead 26 Victobia. and Mattbew Young to construct a Railway from land near Newcastle leased by them from the Crown to and to connect the same with the Great Northern Railway. [9 December, 1862.] {") WHEEEAS Eobert Archibald Alison Moretead and Matthew Preamble. Toung hereinafter designated the promoters have opened a coal-mine and established a colliery on a parcel of land situate near Newcastle in the county of Northumberland and in order to facilitate communication between the said coal-mine and colliery and the Grreat Northern Eailway are desirous of constructing a railway from the said coal-mine to the said Great Northern Railway but as part of such proposed railway is intended to be made upon and pass through lands m the said county believed to be as to a part thereof the property of the devisees or representatives of Henry Dangar deceased and as to other part thereof the property of the Crown the same cannot be made without Legislative authority And whereas the said coal-mines and colliery are likely to prove beneficial to the Colony and the public are concerned ia promoting such an increase in and facilities for the supply of coal for local consumption steam navigation and export as would result from the construction of the said proposed railway and the traffic on the Great Northern Railway would be increased thereby it is therefore desirable to authorize by Legislative enactment the con- struction of the said railway subject to the provisions hereinafter contained upon payment of compensation to the several parties through whose lands the same shall pass for such portions of their res- pective lands as may be required to be occupied thereby Be it there- fore 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. It shall be lawful for the promoters to make and construct a Authority to railway from the eastern boundary of land leased by them from the way^and comect Crown and passing in a north-easterly direction through Crown land same with Great known as the Newcastle Town Pasturage Eeserve thence through other way. '™ Crown land measured for sale in allotments thence through land sold by the Crown to the late Henry Dangar and now belonging or sup- posed to belong to his representatives to the Great Northern Eailway intersecting the same at a point terminating two miles seventy-eight chains or thereabout from the city of Newcastle and at such termina- tion to effect a junction between the said line and the Great Northern Railway in accordance with section ninety -nine of the Government Railway Act of 1858 such railway to be in the line described in the Schedule but so that the same shall not occupy in any part thereof a greater space in breadth than ninety-nine feet excepting as to the portion thereof within the distance of not more than fifteen chains from the junction with the Great Northern Railway where the width (a) Vide Waratah Coal Company (Railway Extension) Act of 1875 — 38 Vio. 732 MOEEHEAD AND YOUNG'S EAILWAT. 26 Victoria, may be one hundred and thirty-two feet including the supports abut- ments and foundations thereof Provided that the railway shall be constructed and brought into use within the term of five years from the passing of this Act and that the promoters in constructing and connecting the same with the Great Northern Eailway shall do so in a proper and workmanlike manner and repair all damages caused by so doing. Site of railway 2. Such land as shall be taken under the provisions of this Act for thepromotera'" *^^ purpose of the Said railway together with such right of ingress without convey- egrcss and regress upon the adjacent land as may be necessary for the """^^ making and repair thereof shall be vested by virtue of this Act and with- out the necessity ef any conveyance in the promoters for the purposes of the railway Provided that no lands vested in the Commiesioner for Eailways shall by virtue of this Act be vested in the promoters Provided also that nothing herein contained shall prevent the said owners from carrying on any mining operations beneath the said railway which shall not interfere with the safety of the said road and the traffic thereon and the promoters shall have no further right to the soil of the said lands beneath the surface than shall be requisite for the formation and repair of the said road by cutting embanking or otherwise and also that the promoters shall at all times keep open to the satisfaction of the Minister for Lands proper communication for the passage of cattle and other live stock between the portions of the Newcastle Town Pasturage Eeserve severed by the said railway Provided also that if in the exercise of the powers hereby granted it be found necessary to cross cut through raise sink or use any part of any road whether carriage road or horse road so as to render it impass- able for or dangerous or inconvenient to the persons entitled to the use thereof the promoters shall before the commencement of any such operations cause a sufficient road to be made instead of any road interfered with and shall at their own expense maintain such substi- tuted road in a state as convenient as the road interfered with or as nearly as may be and the promoters before they use the said lands of the said owners of land respectively and the said Crown land for any of the purposes aforesaid shall if required so to do separate the same by a sufficient fence from the land adjoining thereto with such gates as may be required for the convenient occupation of such land and shall also to all private roads used by them as aforesaid put up fences and gates in like manner in all cases where the same may be necessary to prevent the straying of cattle from or upon the lands traversed by such roads and in case of any difference between the owners or occu- piers of such roads and lands and the promoters as to the necessity for such fences and gates such fences and gates shall be put up by the promoters as any two Justices of the Peace shall deem necessary for the purposes aforesaid on application being made to them. Railway open to 3. The railway and locomotives shall be open to public use upon the pubhc. payment of a toll to the promoters of three-pence per ton per mile the party seeking transit supplying and loading his own trucks or wagons and all trucks when emptied shall be conveyed on their return free of cost. Branch railways. 4. And be it enacted that it shall be lawful for the owners or occu- piers of the lands traversed by the said railway to lay down upon their own lands any collateral branches of railway to communicate with the said railway for the purpose of bringing carriages to or from MOEEHEAD AND TOFNO'S EAILWAT. 733 or upon the said railway and the promoters shall if required at the 26 Victokia. expense of such owners or occupiers make openings in the rails and such additional lines of railway as may be necessary for effecting such communication in places where the communication can be made mth safety to the public and without injury to the said railway and without inconvenience to the traffic thereupon and the promoters shall not take any rate or toll or other moneys for the passing of any passengers goods or other things along any branch so to be made by any such owner or occupier or other person but this enactment shall be subject to the following restrictions and conditions (that is to say) — No such railway shall run parallel to the said railway the pro- moters shall not be bound to make any such openings in any place which they shall have set apart for any specific purpose with which such communication would interfere nor upon any inclined plane exceeding one in fifty or bridge nor in any tunnel. The person making or using such branch railways shall be subject to all by-laws and regulations of the promoters from time to time made with respect to passing upon or crossing the railway and otherwise and the persons making or using such branch railways shall be bound to construct and from time to time as need may require to renew the ofE-set plates and switches according to the most approved plan adopted by the promo- ters under the direction of their engineer. 5. For the purposes and subject to the provisions hereinafter con- Power to divert tained it shall be lawful for the promoters their deputies agents ""^ " " " ^' servants and workmen and all other persons by them authorized and empowered to divert or alter the course of any road or way crossing the railway or to raise or sink any road or way in order the more conveniently to carry the same over or under or by the side of the railway. 6. If the promoters do not cause another sufficient road to be so Penalty for not made before they interfere with any such existing road as aforesaid ,0^^''*"'"^ * they shall forfeit twenty pounds for every day during which such sub- stituted road shall not be made after the existing road shall have been interrupted and such penalty shall be paid to the trustees commissioners surveyor or other persons having the management of such road if a public road and shall be applied for the purposes thereof or in case of a private road the same snail be paid to the owner thereof and every such penalty shall be recoverable with costs by action in the Supreme Court. 7. If in the course of making the railway the promoters shall use ^oad repairs or interfere with any road they shall from time to time make good all damage done by them to such road and if any question shall arise as to the damage done to any such road by the promoters or as to the repair thereof by them such question shall be referred to the determi- nation of two Justices and such Justices may direct such repairs to be made in the state of such road in respect of damage done by promoters and within such period as they may think reasonable and may impose on the promoters for not carrying into effect such repairs any penalty not exceeding ten pounds per day as to such Justices shall seem fit and any such penalty shall be paid to the surveyor or other person having the management of the road interfered with by the promoters 734 MOEEHEAD AND TOIING'S EAILWAT. 26 Victoria, if a public road and be applied for the purposes of such road or if a private road the same shall be paid to the owner thereof Provided always the said Justices shall have regard to and shall make full allow- ance for any tolls that may have been paid by the promoters on such road in the course of the using thereof. Bridges to be g. If the line of railway cross any public highway or parish road where railway then either such road shall be carried over the railway or the railway crosses highway, gliall be carried over such road by means of a bridge of the height and width and with the ascent or descent by this Act in that behalf here- inafter provided and such bridge with the immediate approaches and all other necessary works connected therewith shall be executed by and be at all times thereafter maintained at the expense of the pro- moters Provided that with the consent of the Grovernor with the advice of the Executive Council it shall be lawful for the promoters to carry the railway across any highway on the level. Owners crossing. 9. Until the promoters shall have made the bridges or other proper communications which they shall under the provisions herein contained have been req^uired to make between lands intersected by the railway and no longer the owners and occupiers of such lands and any other persons whose right-of-way shall be affected by the want of such com- munications and their respective servants may at all times freely pass and repass with carriages horses and other animals directly but not otherwise across any part of the railway made in or through their respective lands solely for the purpose of occupying the same lands or for the exercise of such right-of-way and so as not to obstruct the passage along the railway or to damage the same nevertheless if the owner or occupier of any such lands have in his arrangements with the promoters received or agreed to receive compensation for or on account of any such communications instead of the same being formed such owner or occupier or those claiming under him shall not be entitled so to cross the railway. Provisions in 10. If the railway cross any public highway or parish road on a level rofldsare^orossed the promoters shall erect and at all times maintain good and sufficient on a level. gates across such road on each side of the railway where the same shall communicate therewith and shall employ proper persons to open and shut such gates and such gates shall be kept constantly closed across such roads on both sides of the railway except during the time when horses cattle carts or carriages passing along the same shall have to cross such railway and such gates shall be of such dimensions and so constructed as when closed to fence in the railway and prevent cattle or horses passing along the road from entering upon the railway and the person entrusted with the care of such gates shall cause the same to be closed as soon as such horses cattle carts or carriages shall have passed through the same under a penalty of forty shillings for every default therein Provided always that it shall be lawful for the Secre- tary for Public Works in any case in which he shall be satisfied that it will be more conducive to the public safety that the gate on any level crossing over any such road shall be kept closed across the railway to order that such gates shall be kept so closed instead of across the road and in such case such gates shall be kept constantly closed across the railway except when engines or carriages passing along the railway shall have occasion to cross such road in the same manner and under the like penalty as above directed with respect to the gates being kept closed across the road. MOEEHEAD AND TOUNG-'S EAILWAY. 735 11. In case of accidents or slips happening or being apprehended to 26 Victoeia. the cuttings embankments or other works of the said railway it shall power to enter be lawful for the j^romoters and their workmen and servants to enter gP°,° to''°epaii? upon the land adjoining thereto at any time whatsoever for the pur- accidents sub- pose of repairing or preventing such accidents and to do such works as restrictions!'" may be necessary for the purpose but in every such case the promoters shall within forty-eight hours after such entry make a report to the Secretary for Public Works specifying the nature of such accident or apprehended accident of the works necessary to be done and such powers shall cease and determine if the said Secretary shall after considering the said report certify that their exercise is not necessary for the public safety Provided also that such works shall be as little injurious to the said adjoining lands as the nature of the accident or apprehended acci- dent will admit of and shall be executed with all possible despatch and full compensation shall be made to the owner and occupier of such lands for the loss or injury or inconvenience sustained by them respect- ively by reason of such works the amount of which compensation in case of any dispute about the same shall be settled by arbitrators in the manner hereinafter mentioned And provided also that no land shall be taken permanently for any such works otherwise than is herein provided with respect to the lands originally taken for the purpose of making the said railway. 12. Every bridge to be erected for the purpose of carrying the Construction of railway over any road shall be built in conformity with the following ^g^'^lf^ °^^'' regulations (that is to say) — The width of the arch shall be such as to leave thereunder a clear space of not less than thirty feet if the arch be over a public highway and of twenty feet if over a parish road and of twelve feet if over a private road. The clear height of the arch from the surface of the road shall not be less than sixteen feet for the space of twelve feet if the arch be over a turnpike road and fifteen feet for the space of ten feet if over a public carriage road and in each of such cases the clear height at the springing of the arch shall not be less than twelve feet the clear height of the arch for a space of nine feet shall not be less than fourteen feet over a private road. The descent made in the road in order to carry the same under the bridge shall not be more than one foot in thirty feet if the bridge be over a public highway one foot in twenty feet if over a parish road and one foot in sixteen if over a private road not being a tramroad or railroad or if the same be a tramroad or railroad the descent shall not be greater than the ruling gradient of such tramroad or railroad. 13. Every bridge erected for carrying any road over the railway construction of shall be built in conformity with the following regulations (that is to raiiro^"^'^"^ say) — There shall be a good and sufficient fence on each side of the bridge of not less height than four feet and on each side of the immediate approaches of such bridge of not less than three feet. The road over the bridge shall have a clear space between the fences thereof of thirty-five feet if the road be a public high- way and twenty-five feet if a parish road and twelve feet if a private road. 736 MOEEHEAD AND YOUNG'S EAILWAT. 26 VicTOKiA. The ascent shall not be more than one foot in thirty feet if the road be a turnpike road one foot in twenty feet if a parish road and one foot in sixteen feet if a private road not being a tramroad or railroad or if the same be a tramroad or rail- road the ascent shall not be greater than the ruling gradient of such tramroad or railroad. The width of 14. Provided always that in all cases where the average available not exceed^he^'^ width f or the passing of carriages of any existing road within fifty width of the yards of the points of crossing the same is less than the width herein- road^in certain |,g£Qj,g prescribed for bridges over or under the railway the width of such bridges need not be greater than such average available width of such roads but so nevertheless that such bridges be not of less width in case of a public highway or parish road than twenty feet Pro- vided also that if at any time after the construction of the railway the average available width of any such road shall be increased beyond the width of such bridge on either side thereof the promoters shall be bound at their own expense to increase the width of the said bridge to such extent as they may be required by the trustees or surveyors of such road not exceeding the width of such road as so widened or the maximum width herein prescribed for a bridge in the like case over or under the railway. Existing: inoiina- 15. Provided also that if the mesne inclination of any road within crossed'or di- two hundred and fifty yards of the point of crossing the same or verted need not the inclination of such portion of any road as may be required to be altered or for which another road shall be substituted shall be steeper than the inclination hereinbefore required to be preserved by the promoters then the promoters may carry any such road over or under the railway or may construct such altered or substituted road at an inclination not steeper than the mesne inclination of the road so to be crossed or of the road so requiring to be altered or for which another road shall be substituted. Worics for bene- 16. The promoters shall make and at all times thereafter maintain fit of owners. |.}ie following works for the accommodation of the owners and occupiers of lands adjoining the railway (that is to say)— Gates bridges Such and SO many convenient gates bridges arches culverts and °' passages over under or by the sides of or leading to or from the railway as shall be necessary for the purpose of making good any interruptions caused by the railway to the use of the lands through which the railway shall be made and such works shall be made forthvsdth after the part of the railway passing over such lands shall have been laid out or formed or during the formation thereof Fences All sufEcient posts rails hedges ditches mounds or other fences for separating the land taken for the use of the railway from the adjoining lands not taken and protecting such lands, from trespass or the cattle of the owners or occupiers thereof from straying thereon by reason of the railway together with all necessary gates made to open towards such adjoining lands and not towards the railway and all necessary stiles and such posts rails and other fences shall be made forthwith after the taking of any such lands if the owners thereof shall so require and the said other works as soon as conveniently may be MOEEHEAD AND YOUNG'S EAILWAT. 737 Also all necessary aretes tunnels culverts drains or other passages 26 Victokia. either over or under or by the sides of the railway of such Drama, dimensions as will be sufficient at all times to convey the water as clearly from the lands lying near or affected by the railway as before the making of the railway or as nearly so as may be and such works shall be made from time to time as the railway works proceed Also proper watering-places for cattle or compensation in lieu watering-piaces. thereof where by reason of the railway the cattle of any person occupying any lands lying near thereto shall be deprived of access to their former watering-places and such watering-places shall be so made as to be at all times sufficiently supplied with water as theretofore and as if the railway had not been made or as nearly so as may be and the said promoters shall make all necessary water-courses and drains for the purpose of conveying water to the said watering-places Provided always that the promoters shall not be required to make such accommodation works in such a manner as would prevent or obstruct the working or using of the railway nor to make any accommodation works with respect to which the owners and occupiers of the lands shall have agreed to receive and shall have been paid compensation instead of the making them. 17. If any person omit to shut and fasten any gate set up at either Penalty on side of the railway for the accommodation of the owners or occupiers to Sengatea?^ of the adjoining lands so soon as he and the carriage cattle or other animals under his care have passed through the same he shall forfeit for every such offence any sum not exceeding ten pounds. 18. The promoters shall not be entitled to any mines of coal iron- Minerals not to stone slate or other minerals under any land whereof the surface is ^^^' vested in them by virtue of this Act except only such parts thereof as shall be necessary to be dug or carried away in the construction of the works hereby authorized and" such mines shall not be deemed to vest in the said promoters. 19. If within twenty-eight days after the passing of this Act the Compensation said persons through whose lands the railway shall pass or any of ° ™^^' them and the promoters shall not agree as to the amount of com- pensation to be paid by them for the said lands belonging to the said parties or any of them or for any damage that may be sustained by them or him by reason of the execution of the works or if any other question as to compensation shall arise under this Act the amount of such compensation shall be settled by arbitrators in manner hereinafter Appointment of mentioned (that is to say) — unless both parties shall concur in the ^'arbitrators. appointment of a single arbitrator each party on the request of the other party shall nominate and appoint an arbitrator to whom such dispute or other matter shall be referred and every appointment of an arbitrator shall be under the hand of such party and such appointment shall be delivered to the arbitrator or arbitrators and shall be deemed a sub- mission to arbitration on the part of the party by whom the same shall be made and after any such appointment shall have been made neither party shall have power to revoke the same without the consent of the other nor shall the death of either party operate as a revocation and if for the space of fourteen days after any such dispute or other matter 3a 738 MOEEHEAD AND TOTJN&'S RAILWAY. 26 Victoria. Vacancy of arbi- tration to be supplied. Appointment of umpire. Attorney- General to appoint umpire on neglect. In case of death of single arbitra- tor tile matter to begin de novo. If either arbitra- tor refuse to act the other to pro- ceed exparte. If arbitrators fail to make their award within twenty-one days the matter to go to the umpire. shall have arisen and after a request in writing shall have been served by the one party on the other party to appoint an arbitrator such last- mentioned party fail to appoint such arbitrator then upon such failure it shall be lawful for the Attorney- Greneral for the time being of the said Colony on the application of the party who has himself appointed an arbitrator to appoint such arbitrator to act on behalf of both parties and such arbitrator may proceed to hear and determine the matters which shall be in dispute and in such case the award or determination of such single arbitrator shall be final and conclusive. 20. If before the matter so referred shall be determined any arbitrator appointed by either party shall die or become incapable or refuse or for fourteen days neglect to act as arbitrator the party by whom such arbitrator was appointed may nominate and appoint in writing some other person to act in his place and if for the space of seven days after notice in writing from the other party for that purpose he fail to do so the remaining or other arbitrators may proceed alone and every arbitrator so to be substituted as aforesaid shall have the same powers and authorities as were vested in the former arbitrator at the time of such his death refusal neglect or disability as aforesaid. 21. "Where more than one arbitrator shall have been appointed such arbitrators shall before they enter upon the matters referred to them nominate and appoint by writing under their hands an umpire to decide any matters on which they shall differ or which shall be re- ferred to them under the provisions of this Act and if such umpire shall die or refuse or for seven days neglect to act after being called upon to do so by the arbitrators they shall forthwith after such death refusal or neglect appoint another umpire in his place and the decision of every such umpire on the matters so referred to him shall be final. 22. If in either of the cases aforesaid the arbitrators shall refuse or for seven days after request of either party to such arbitration neglect to appoint an umpire it shall be lawful for the Attorney- Greneral for the time being on the application of either party to such arbitration to appoint an umpire and the decision of such umpire on the matters on which the arbitrators shall differ or which shall be referred to him under this Act shall be final. 23. If when a single arbitrator shall have been appointed such arbitrator shall die or become incapable or shall refuse or for fourteen days neglect to act before he shall have made his award the matters referred to him shall be determined by arbitration under the provi- sions of this Act in the same manner as if such arbitrator had not been appointed. 24. If where more than one arbitrator shall have been appointed either of the arbitrators shall refuse or for seven days neglect to act the other arbitrator may proceed alone and the decision of such other arbitrator shall be as effectual as if he had been the single arbitrator appointed by both parties. 25. If where more than one arbitrator shall have been appointed and where neither of them shall refuse or neglect to act as aforesaid such arbitrators shall fail to make their award within twenty-one days after the day on which the last of such arbitrators shall have been appointed or within such extended time (if any) as shall have been appointed for that purpose by both of such arbitrators under their hands the matters referred to them shall be determined by the umpire to be appointed as aforesaid. MOEEHEAD AND YOUNG'S EAILWAT. 739 26. The said arbitrators or their umpire may call for the production 26 Victoeia. of any documents in the possession or power of either party which Powers of arbi- they or he may think necessary for determining the question in dis- fJr books &c! pute and may examine the parties or their witnesses on oath and administer the oaths necessary for that purpose. 27. Before any arbitrator or umpire shall enter into the considera- Arbitrator or tion of any matters referred to him he shall in the presence of a ""declaration te Justice of the Peace make and subscribe the f oUowins; declaration (that faithful dis- . , ^ o V charge of duty. IS to say) — I A.B. do solemnly and sincerely declare that I will faithfully and honestly and to the best of my skill and ability hear and determine the matters referred to me under the provisions of Morehead and Young's Eailway Act. A.B. Made and subscribed in the presence of And such declaration shall be annexed to the award when made and if Penalty for mis- any arbitrator or umpire having made such declaration shall wilfully act contrary thereto he shall be guilty of a misdemeanour. 28. All the costs of any such arbitration and incident thereto to be 9°^' °^ arbitra- settled by the arbitrators shall be borne by the promoters unless the borne, arbitrators shall award the same or a less sum than shall have been offered by the promoters in which case each party shall bear his own costs incident to the arbitration and the costs of the arbitrators shall be borne by the parties in equal proportions unless the amount awarded shall be one-fourth less than the amount in which case the whole costs shall be paid by the claimant Provided that if either party shall be dissatisfied with the costs allowed by the arbitrators as aforesaid the costs may be taxed by the Prothonotary or other proper officer of the Supreme Court and the amount allowed by such officer shall be the amount of costs to be paid. 29. The arbitrators shall deliver their award in writing to the pro- A™rd to be motors who shall retain the same and shall forthwith on demand at promoters. their own expense furnish a copy thereof to the other party and shall at all times on demand produce the said award and allow the same to be inspected or examined by such party or any person appointed by him for that purpose and the amount awarded shall be paid within sixty days after the publication of such award. 30. The submission to any such arbitration may be made a rule of Submission may the Supreme Court on the application of either of the parties of Comt ^ ™'^ 31. No award made with respect to any question referred to arbi- Award not void tration under the provisions of this Act shall be set aside for irregu- \a^^ error m larity or error in matter of form. 32. The promoters shall make compensation and satisfaction to the Compensation said owners and occupiers the amount of such compensation and p°e'rmMenro7re- satisf action to be ascertained and recovered in case of difference in curring injuries. the manner hereby provided for temporary permanent or recurring injury and all other damage loss costs charges and inconvenience which may in anywise be occasioned to the said owners or occupiers by the non-performance by the said promoters of any of the matters and things hereby required to be performed by them or otherwise. 33. In every case where the promoters shall take temporary pos- compensation to session of lands by virtue of the powers hereby granted it shall be por™y^occup™' incumbent on them within one month after their entry upon such tion. lands upon being required so to do to pay to the occupier of the said lands the value of any crop or dressing that may be thereon as 740 MOEEHEAD AND TOUNG'S EAILWAT. 26 Victoria, well as full compensation for any otter damage of a temporary nature wMcli tie may sustain by reason of their so taking possession of their lands and they shall also from time to time during their occupation of the said lands pay half-yearly to such occupier or to the owner of the lands as the case may require a rent to be fixed by two Justices in case the parties differ and shall also within six months after the completion of the railway pay to such owner and occupier or deposit in the bank for the benefit of all parties interested as the case may require compensation for all permanent or other loss damage or injury that may have been sustained by them by reason of the exer- cise as regards the said lands of the powers hereby granted including the full value of all clay stone gravel sand and other things taken from such lands. Interpretation. 34. The following words and expressions in this Act shall have the meaning hereby assigned to them unless there be something either in the subject or context repugnant to such construction The word " promoters " shall mean the said Robert Archibald Alison Morehead and Matthew Young their representatives or assigns owners for the time being of the said coal-mine and colliery The word "railway" shall mean the railway hereby authorized to be constructed and in citing this Act it shall be sufiicient to use the expression " Morehead and Young's Eailway Act 1862 " The word " Justice " shall mean Justice of the Peace in and for the territory of New South "Wales and where any matter shall be authorized or required to be done by two Justices the expression " two Justices " shall mean two Justices assembled and acting together in Petty Sessions and where under the provisions of this Act any notice shall be required to be given to the owner of any land or where any act shall be authorized or required to be done with the consent of any such o-mier the word " owner" shall be understood to mean any person or corporation who under the provisions of this Act would be able to sell land to the promoters. Act to be deemed 35. This Act shall be deemed and taken to be a public Act and a public Act. ghall be judicially taken notice of as such by the Judges of the Supreme Court of New South Wales and by all other Judges Justices and others within the Colony of New South Wales and its depend- encies without being specially pleaded. THE SCHEDULE HEREINBEFOEE EEEEEEED TO. Commencing at the point on the eastern boundary of Messrs. Morehead and Young's leased land forty-two chains eighty links or thereabouts from its north- eastern comer and crossing the boundary -line between Crown lands the minerals under which are supposed to be leased respectively to Messrs. Morehead and Young and Messrs. J. and A. Brown being a portion of the Newcastle Pasturage Reserve at a ijoint thirty-nine chains twenty-five links or thereabouts from the northern boundary of said lands entering other Crown lands being allotments at a point on their western boundary one chain ten links or thereabouts from the south-western corner of said lands proceeding diagonally across these allotments to a point on their eastern boundary one chain sixty links or thereabouts from the north-eastern comer of said lands thence (crossing a reserved road) into Crown land (being an allotment) at a point on its western boundary seventy-eight links or thereabouts from its north-western comer thence into land belonging to the representatives of the late Henry Dangar Esquire at a point on the southern boundary of the said land one chain or thereabouts from its south-western corner and through the said land until it meets the fence of the Great Northern Eailway at a point on the eastern boundary of said laud ten chains seventy-five links or thereabouts from its south-eastern corner and terminating by a junction with the Great Northern Railway at a point two miles seventy-eight chains or thereabouts from the city of Newcastle. V41 MORT BAY IMPROVEMENT. An Act to enable Mort's Dock and Engineering Com- 47 Victoria. pany (Limited) to close certain streets through their property at Mort Bay and to establish new streets in lieu thereof. [2 May, 1884.] WHEREAS Mort's Dock and Engineering Company (Limited) a Preamble, duly registered Company carrying on business at the head of "Waterview or Mort Bay Balmain near Sydney is seized in fee of cer- tain lands on which the works of the said Company are carried on including the several pieces and parcels of land respectively mentioned and described in Schedules A and B hereto And whereas the several pieces or parcels of land respectively mentioned and described in Schedules C and D hereto are now in use as roads or streets within the Borough of Balmain leading to public wharves used by the Bal- main Steam Perry and other boats and the said streets or roads inter- sect and divide the said lands of the said Company and interfere to some extent with the free and profitable use and enjoyment of the said lands and increase of the said business And whereas the said wharves are not conveniently situated for the use of the passengers by the said steamers and other boats in consequence of and the passage of the said steamers and boats is often impeded by the large and con- stantly increasing number of steam and other vessels resorting to the premises of the said Company for docking repair and other purposes And whereas the closing of the said roads or streets would not create any public loss disadvantage or inconvenience if other roads or streets leading to the shores of the said bay in the immediate neighbourhood of the said existing streets or roads were substituted for the same and wharves and proper approaches constructed and made for the landing of passengers And whereas the Borough Council of Balmain as cus- todian of the said roads is willing to consent to the said existing road or street described in Schedule C being a portion of the continuation of Mort-street from the intersection of New John-street to the waters of Mort Bay being closed and the soil thereof vested in the said Company upon the said Company dedicating to the public and Undertaking to form as a road the said piece or parcel of land de- scribed in Schedule A and to construct a convenient wharf at the junction of the said land with the waters of the said bay with suitable approaches and waiting-rooms in connection therewith and the said Council is also willing to consent to the portion of the said existing road or street known as Teend-street described in Schedule D being closed and the soil thereof vested in the said Company upon the said Company dedicating to the public and undertaking to form as a road the said parcel of land described in Schedule B hereto and to construct a convenient wharf with suitable approaches and waiting-rooms And whereas the several parcels of land described in Schedules A and B hereto are in the immediate neighbourhood of the said existing roads or streets so proposed to be closed as aforesaid and would form more convenient and advantageous public roads or streets to the shores of 742 MOET BAT IMPEOVEMENT. 47 VicioEiA. the said bay than the said existing roads or streets and the said Com- pany is willing to substitute dedicate and form as roads or streets the said several pieces of land described in the said Schedules A and B in lieu of the said existing streets or roads and to construct and make for the public use suitable wharves and waiting-rooms in Ueu of those now in use upon being permitted to close up and have the exclusive use and possession of the said pieces or parcels of land described in Schedules C and D hereto And whereas it is greatly for the benefit of the public and especially of those owning land in the neighbour- hood of the said existing streets or roads that every facility should be given for the extension of the works of the said Company And whereas an Act of the Legislature is necessary for enabling and authorizing the said Company to close up and have the exclusive use and possession of the said pieces or parcels of land respectively described in Schedules C and D hereto Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and con- sent of the Legislative Council and Legislative Assembly of TTew South Wales in Parliament assembled and by the authority of the same as follows : — On dedication of 1. Erom and after the passing of this Act it shall be lawful for the A^and in'^sohS^ Said Mort's Dock and Engineering Company (Limited) upon dedi- uie c to vest in eating the piece or parcel of land described in Schedule A hereto to eS?ng'ro™d the use and purpose of a public road or street to close up and have closed. the exclusive use and possession of the piece or parcel oi land de- scribed in Schedule C hereto and to prevent all persons from coming on passing along or in any way using the same and the said piece or parcel of land shall thereupon become remain and be vested in the said Mort's Dock and Engineering Company (Limited) for an estate in fee-simple free from all rights easements and privileges of any per- son then previously existing or claimed in upon or with respect to such piece or parcel of land. Upon dedication 2. Prom and after the passing of this Act it shall be lawful for the SoheduieB land ^^^'^ Company upon dedicating the piece or parcel of land described in in Schedule D to Schedule B hereto to the use and purpose of a public road or street and road ckisedf to close up and have the exclusive use and possession of the said piece or parcel of land described in Schedule D hereto and to prevent any person from coming on passing along or in any way using the same and the said piece or parcel of land shall thereupon become remain and bo vested in the said Company for an estate in fee-simple free from all rights easements and privileges of any person then previously existing or claimed in upon or with respect to such piece or parcel of land. On dedication of 3. Immediately upon and from and after such dedication as aforesaid A Mi'd B°same w °^ ^^^ ^^^^ Several pieces or parcels of land described in the Schedules be public roads. A and B hereto the same shall be and remain for ever independently of user or non user for such purposes public roads and streets and the sole control and management of the same shall be in and with the persons for the time being having the control and management of the roads ways and streets in the district in and of which such pieces or parcels of land respectively shall form part. Company to 4. The Said Company shall within six months from the passing of erect wharves'' *^is ^ct and before closing up either of the roads hereinbefore men- and waiting- tioned form and make as roads or streets the several pieces or parcels MOET BAT IMPEOVEMENT. 743 of land mentioned in Schedules A and B hereto and shall erect con- 47 Victokia, venient wharves with approaches thereto and waiting-rooms for the conyenience of the public and in default such works may respectively he done or continued as the case may be by or under the direction and to the satisfaction of the Borough Council of Balmaia but at the expense of the said Company and the said Council may sue the said Company for the cost thereof in any Court of competent jurisdiction as money paid by the said Council at the request of the said Company. 5. If any action or suit or other legal proceedings shall be instituted Company may or taken by any person against the said Company after the dedication fssue to^ny'pro- hy the said Company of the said several pieces or parcels of land as needing. aforesaid in respect of the said pieces or parcels of land respectively descrihed in Schedules C and D hereto or of any right easement or privilege in respect thereof it shall be lawful for the said Company and their assigns to plead the general issue and give this Act in evidence thereunder. SCHEDULES. SCHEDULE A. All that parcel of land situate in the Borough of Balmain parish of Petersham county of Cumberland and Colony of New South Wales being portion of the five hundred and fifty acres granted to William Balmain containing by admeasurement one rood and twenty-eight perches Commencing at the junction of the north- eastern side of New John-street with the south-eastern side of Mort-street and bounded on the southern side by a line bearing east thirteen degrees fifty-five minutes north three hundred and ten feet to the waters of Mort Bay thence by the waters of that bay bearing northerly about fifty-one feet thence by a line bearing west thirteen degrees fifty-five minutes south two hundred and one feet thence by a line bearing south forty-seven degrees thirty-three minutes west one hundred and five feet to the point of commencement Be the above-mentioned several dimensions a little more or less. SCHEDULE B. All that parcel of land situate in the Borough of Balmain parish of Petersham county of Cumberland and Colony of New South Wales being a portion of the five hundred and fifty acres granted to William Balmain containing by admeasurement twenty-four and one-third perches Commencing at the junction of the western side of Ronald-street with the waters of Mort Bay (formerly known as Waterview Bay) and bounded by a portion of the western boundary-line of said Eonald-street bearing northerly forty-five feet thence by a line bearing westerly two hundred and sixty-two feet to Yeend-street thence by a portion of the eastern side of that street being a curved line bearing southerly forty-eight feet thence by a line bearing easterly one hundred and eighty-seven feet thence southerly thirteen feet to said Mort Bay and from thence by the waters of that bay being a line bearing easterly fifty feet to the point of commencement. SCHEDULE C. All that portion of land situate in the Borough of Balmain parish of Petersham county of Cumberland and Colony of New South Wales being portion of the five hundred and fifty acres granted to William Balmain and which now forms the lower end of Mort-street containing by admeasurement twenty-six perches and three-quarters of a perch Commencing on the southern side of Mort Bay (formerly called Waterview Bay) and bounded on the northern side by the waters of said bay bearing westerly fifty-five feet thence by a line bearing south forty-seven degrees thirty -two minutes west one hundred and seventy-one feet to the proposed new street thence by a portion of that street being a line bearing east thirteen degrees fifty-five minutes north one hundred and three feet thence by a line bearing north forty-seven degrees thirty -two minutes east one hundred and twenty-two leet to the point of commencement. 744 MOET'S DET DOCK. 47 Victoria. SCHEDULE T>. All that parcel of land situate in the Borough of Balmain parish of Petersham county of Cumberland and Colony of New South Wales being portion of Yeend- street containing by admeasurement fourteen perches and one-half perch Com- mencing at the junction of the eastern side of the said street with the waters of Mort Bay (formerly known as Waterview Bay) and bounded on the eastern side by land belonging to Mort's Dock and Engineering Company being a curved line bearing north and westerly sixty-iive feet thence by a line bearing westerly one hundred and five feet dividing it from the other portion of Yeend-street on the west by land belonging to said Dock and Engineering Company being a curved line bearing easterly and southerly one hundred and twenty feet to the waters of said bay and from thence by the waters of that bay being a line bearing easterly fifty feet to the point of commencement be the said several dimensions a little more or less. MORT'S DEY DOCK. 19 YioTOEiA. An Act to enable Thomas Sutcliffe Mort proprietor of the Waterview Dry Dock in the Hamlet of Balmain near the City of Sydney in the Colony of New South Wales to purchase land for the extension of such dock And also to make and maintain at Waterview Bay aforesaid in connection with such dock a certain quay or wharf fronting to Port Jackson and to make divert alter vary and stop up certain roadways or streets in the vicinity of the said dock. [31 October, 1855.] WHEEEAS Thomas Sutcliffe Mort of the city of Sydney in the Colony of New South Wales Esquire being proprietor of certain land at Waterview Bay in the hamlet of Balmain near the said city has with the consent of the Grovemor and Executive Council at a large cost and expense commenced and made considerable progress in the formation of a dry dock capable of receiving vessels of the largest dimensions and of all classes whether navigated by steam or otherwise And whereas it is essential to the completeness of the said undertaking that the said Thomas Sutcliffe Mort should have power to extend the dimensions thereof and to construct other docks contiguous thereto and also to form and maintain on certain adjacent land of the said Thomas Sutcliffe Mort a quay or wharf to be used in connection with the said docks at Waterview Bay aforesaid for the accommodation of shipping and at which vessels of the largest tonnage may be securely moored and also to make alter and stop up roadways and streets immediately adjacent thereto and to substitute other roadways and streets in lieu thereof And whereas the works so undertaken by the said Thomas Sutcliffe Mort are of great public utility and it will be of the greatest advantage to the commercial interests of the said Colony that he should be enabled to carry into effect the proposals and designs as aforesaid but such objects cannot be effected without the aid of the Legislative Council of New South Wales Be it therefore enacted by His Excel- lency the Grovernor of New South Wales with the advice and consent of the Legislative Council thereof as follows — Preamble. MOET'S DET DOCK. 745 1. It sLall be lawful for the said Thomas Sutcliffe Morfc to make 19 Victoria. divert alter vary and stop up certain roadways or streets situate in proprietor to the hamlet of Balmain near the city of Sydney aforesaid and which said ro^XysS'to roadways and streets are situated in. the immediate vicinity of the said take lands. dry dock at Balmain aforesaid and which said roadways or streets are particularly set forth or described in Schedule B hereunto annexed and to substitute other roadways and streets in lieu thereof and also to take and appropriate to the use of the said Thomas Sutcliffe Mort for the purposes of this Act such lands only as are described in Schedule A to this Act together with the sites of such roadways or streets or intended roadways or streets or parts thereof as are described in Schedule B hereunto annexed and such lands covered with water lying between low-water-mark and the adjoining lands of the said Thomas Sutclifie Mort as are described in Schedule C hereunto annexed and for all or any of the purposes aforesaid to take and appropriate the several lands and hereditaments respectively described in the several Schedules A B and C hereunto annexed the said Thomas Sutcliffe Mort if so required making full compensation in manner hereinafter mentioned to all persons interested in any lands so taken used or injured for all damages to be by them sustained in or by the execution of the powers hereby granted. 2. When any lands which the said Thomas Sutcliffe Mort is by this 'f^'l'^^.'^^'^™ *° Act authorized to take shall have been set out taken and appropriated conveyance. for the purposes herein mentioned and when any roadway street or part thereof shall have been diverted altered varied or stopped up such lands or the portions of roadway or street so diverted altered varied or stopped up and the fee-simple and inheritance thereof and all the estate use trust and interest of all persons therein shall thence- forth be vested in and become the sole property of the said Thomas Sutcliffe Mort and his heirs for the purposes of this Act for ever and all right-of-way of any persons whatever over any roadway or street or portion thereof diverted altered varied or stopped up shall be extinguished and the site thereof shall vest in the said Thomas Sutcliffe Mort. 3. The owners and all persons prejudiced by the said Thomas Mght to com- Sutcliffe Mort under any of the provisions herein contained and all p™*''*'™- persons who shall have sustained any loss or damage whatsoever in or by the execution of this Act shall be entitled to reasonable com- pensation for the loss or injury sustained by them and such compen- sation shall be ascertained assessed and awarded as hereinafter men- tioned Provided that such compensation shall be limited to the value of the land at the time of possession taken by the said Thomas Sutcliffe Mort. 4. And in case the said Thomas Sutcliffe Mort and the claimant Mode of assess- of land shall not agree as to the sum to be paid for such compensa- j,n&^<=o>»penaa- tion as aforesaid it shall be lawful for them or either of them within the space of six calendar months from the passing of this Act to apply to His Excellency the Governor to appoint and ho shall there- upon appoint accordingly commissioners to inquire into and assess the same in like manner as is enacted and directed in the case of a road through private property proclaimed by the Grovernment under and by virtue of An Act of the Grovernor and Legislative Council passed in the fourth year of the reign of His late Majesty King William 4 wiiiiamiv the JFourth intituled an Act for making altering and improving the ^°' '■■'^• roads throughout the Colony of New South Wales and for opening and 746 MOET'S DET DOCK. 19 ■Victoria, improving the streets in the towns thereof and for the purposes of such assessment the said commissioners or any two of them shall have and possess all the powers vested in them or any two of them by the said Act and the like duties powers and regulations shall attach and apply to the parties jurors witnesses and others occupied and con- cerned in relation thereto and in case the price assessed on such inquiry be in excess of the sum offered as compensation by the said Thomas Sutcliffe Mort such excess shall be paid by the said Thomas SutclifEe Mort accordingly together with the costs of inquiry but if the price awarded upon the said inquiry shall not exceed the sum so offered as aforesaid the costs of the inquiry shall be paid by the parties demanding the same the amount of which costs shall be assessed and the person or persons by and to whom the same shall be paid shall be ascertained by the order of the said commissioners and shall be recoverable by action of debt if not paid on demand pursuant to such order. SCHEDULE A. I. — All that piece of land situated in the hamlet of Balmain in the parish of Petersham county of Cumberland containing by admeasurement fifteen perches more or less bounded on the east by part of the west boundary of William-street being a line bearing south-westerly ninety feet on the south by a line bearing north forty-three degrees twenty minutes west thirty-four and a quarter feet on the west by a line bearing north forty-six degrees fifty minutes east to the edge of Waterview Bay and on the north by Waterview Bay to the point of commencement. II. — And all that piece of land situate in Balmain aforesaid containing by admeasurement twenty-five perches more or less bounded on the east by a portion of College-street being a line bearing south forty-six degrees forty minutes west eighty-two feet on the south by a Ime bearing north forty-three degrees twenty minutes west one hundred and twenty feet on the west by a line bearing north forty -four degrees thirty minutes east forty -three feet and on the north by the south boundary of the Crescent being a line bearing south-easterly one hundred and twenty-six feet to the point of commencement. SCHEDULE B. III. — A piece of land forming the north-east end of College-street extending from a new street called John-street to Waterview Bay bounded on either side by land of the said proprietor. IV. — A piece of land constituting John-street aforesaid leading from William- street to College-street aforesaid bounded in like manner. A portion of the sites of certain intended streets now known as the Strand Bay- street Gipps-street and Church-street and the whole of the Crescent boimded in like manner and numbered respectively 5 6 7 and 8. SCHEDULE C. A piece of land at the head of Waterview Bay in Port Jackson commencing at a point on the north side of the said bay where the proprietor's land is bounded by a reserved road leading from a back road to the svater and which said piece of land is bounded by or lies between low-water-mark on the one sid^ from the point before described round to the western pier-head at the entrance to the Waterview Bay Dry Dock and on the in-shore or other side by the land of the proprietor. Also that piece of land forming the sites of ths present and proposed extension of the docks as the same is at present bounded by Church-street the Crescent and College-street and the bay aforesaid and the land of the proprietor. And also all that piece of land bounded on the water side by a line bearing south forty-seven degrees east four chains from the eastern pier-head of the said docks and then by a Kne bearing south fifty-seven degrees east to a point where it would be Intersected by the south-east boundary-line of property purchased to meet it on the south-east by the aforesaid boundary-line produced being a line bearing south-westerly to high-water-mark and bounded on the in-shore side by the north- east boundary of the said purchased land and land of the proprietor to the point of commencement. 747 MOEUYA SILVER-MINING COMPANY. An Act to incorporate the " Moruya Silver-mining 27 Victobia. Company." [11 April, 1864.] WHEE.EAS a Joint Stock Company called the Moruya Silver- preamble, mining Company has been lately established at Sydney in tte Colony of New Soutn "Wales under and subject to the rules regu- lations and provisions contained in a certain deed of settlement bear- ing date the tenth day of July one thousand eight hundred and sixty- two purporting to be a deed of settlement of the said Company And whereas by the said deed of settlement the several parties thereto have respectively and mutually covenanted and agreed that they whilst holding shares in the capital of the said Company would remain and continue until dissolved under the provisions in that behalf therein contained a joint stock Company under the name style and title of the Moruya Silver-mining Company for the purpose of working or contracting for the working of all the lodes veins and strata of metal- lic ore and minerals upon or under the surface of certain lands and hereditaments in the said deed of settlement mentioned or such other lands and hereditaments as might thereafter be taken on lease or license by the said Company under the provisions of the said deed of settlement and to purchase any metallic ores or minerals and to make advances on deposit or consignment thereof wash or otherwise render merchantable the ores and minerals won or obtained therefrom and also to smelt and refine such ores and minerals and to sell export or otherwise dispose of all such ores and minerals either in a natural or manufactured condition And whereas it was by the said deed of set- tlement agreed that the capital of the Company should consist of twenty thousand pounds sterling to be divided into four thousand shares of the amount of five pounds each and of such further sum or sums of money as should or might be raised by the creation of new shares as therein provided And whereas by the said deed of settle- ment provision has been made for the due management of the affairs of the said Company by certain directors and auditors already ap- pointed and by other directors and auditors to be from time to time elected and appointed as their successors by the shareholders of the said Company And whereas the whole of the capital of twenty thou- sand pounds has been subscribed for And whereas the said Company is 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 ■w follows : — 1. The following words and expressions in the Act shall have the interpretation several meanings hereby assigned to them unless there be something in °'^'"®- the subject or the context repugnant to such construction (that is to say)— The expression "the Company" shall mean the Company incor- The company, porated by this Act. ' 748 MOETJTA SILVER-MINING COMPANY. 27 Victoria. The directors. Shareholder. Company incor- porated. The expression " the directors" shall mean the board of directors of the Company duly appointed under the provisions of the said deed of settlement. The word " shareholder" shall mean shareholder proprietor or member of the Company. 2. Every person who has already become or at any time hereafter shall or may in the manner provided by and subject to the rules regu- lations and provisions contained in the said deed of settlement become holders of shares of or in the capital for the time being of the said Company shall for the purposes aforesaid but 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 Moruya Silver-mining Company and by that name shall and may grant and receive sue and implead any person whether a member of the Company or not and may be sued and impleaded in all Courts whatso- ever at law or in equity and may prefer lay and prosecute any indict- ment information or prosecution against any person whomsoever for any crime or ofience whatsoever and in all indictments informations and prosecutions it shall be lawful to state that any property of the Company relative to which such indictment information or prosecution is preferred laid or prosecuted is the property of the Company and generally to designate the Company by its corporate name whenever for any purpose whatsoever such designation shall be necessary and the Company shall have perpetual succession with a common seal which may be altered varied and changed from time to time at the pleasure of the Company. 3. The several laws rules regulations clauses and agreements con- tained in the said deed of settlement and such rules by-laws or regula- lations as from time to time may be made in pursuance of the provisions for that purpose therein contained are and shall be the by-laws for the time being of the Company 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 with or repugnant to any of the provisions of this Act or of any of the laws or statutes in force in the said Colony subject nevertheless as to the rules by-laws or regulations which may from time to time be made in pursuance of the provisions of the said deed of settlement to be and the same may be amended altered or repealed either wholly or in part in the manner provided by the said deed of settlement but no rule or by-law shall on any account or pretence whatsoever be made by the Company 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 the said deed of settlement or of this Act or of any of the laws or statutes in force in the said Colony. 4. The production of a written or printed copy of the said deed of settlement or of any rules by-laws or regulations to be made in pursu- ance thereof or in pursuance of this Act having the common seal of the Company affixed thereto shall be sufficient evidence in every Court of civil or criminal jurisdiction of such deed of settlement or of such rules by-laws or regulations. General business 5. It shall be lavsrful for the Company subject to the restrictions and of the Company, provisions herein and in the said deed of settlement contained to work or contract for working all the lodes veins and strata of metallic ores Deed of settle- ment confirmed and clauses &c. therein to be the by-laws for the time beinjj of the Company. Evidence of by-lawa. MOEUTA SILVER-MINING COMPANY. 749 and minerals upon or under the surface of the lands and hereditaments 27 Victokia. in the said deed of settlement mentioned or such other lands and hereditaments as may hereafter be purchased or taken on lease or license by the said Company under the provisions hereinafter contained and to purchase any metallic ores or minerals and to make advances on deposit or consignment thereof and to wash or otherwise render merchantable the ores and minerals won or obtained therefrom and also to smelt and refine such ores and minerals and to sell export or other- wise dispose of all such ores and minerals either in a natural or manufactured condition. 6. It shall be lawful for the Company notwithstanding any statute power to pur. or law to the contrary to purchase take hold and enjoy to them and chase lands &o. their successors any mineral lands and all such houses offices and buildings and other lands and hereditaments as may be necessary for the purpose of carrying on the business of the Company for any estate term of years or interest or upon any license and to sell demise or otherwise dispose of the same as occasion shall require. 7. It shall be lawful for any person who is competent so to do to Power to sell to sell or demise to the Company any such mineral lands houses offices ^""P^y- buildings lands and hereditaments or to grant a license for working any such mineral lands or hereditaments. 8. It shall be lawful for the Company from time to time to extend increase of oapi- or increase its capital for the time being by the creation and disposal *"'■ of new shares or preference shares in the manner specified in the said deed of settlement. 9. It shall be lawful for the directors from time to time as they Power to borrow shall see fit in the manner specified in the said deed of settlement """'•'y- to make accept and endorse such promissory -notes or bills of exchange on behalf of the Company for any purposes connected with the affairs and business of the Company and the making accepting and endorsing of any such promissory-notes or bills of exchange by the Chairman of the Company or other person authorized in that behalf by the directors for and on behalf of the Company shall be binding against every shareholder and it shall be also lawful for the directors to pro- cure advances and to borrow money and to pay off and discharge such advances in the manner for the purposes and subject to the restrictions specified in the said deed of settlement. 10. All the land securities covenants debts moneys choses in action Property at pre- and things at present vested , in the trustees of the Company or any tobicome vested other person on behalf of the Company shall immediately after the in corporation, passing of this Act become vested in the Company for the same estate and interest and with the like powers and authorities as the same are now vested in the said trustees or other person without any assign- ment or conveyance whatsoever. 11. Every call made and every contract act deed matter or thing Act not to pre- entered into or done by the Company or by any person on behalf of tract afraidy"' the Company under the provisions of the deed of settlement prior to entered into. the passing of this Act shall be as valid and effectual to and for all intents and purposes and may be enforced in like manner as if the Company had been incorporated before such call contract act deed matter or thing had been made entered into or done. 750 MOETJTA SILTEEr-MINING COMPANY. Transfer of shares to be by deed. Company not bound to regard trusts. 27 VicTOBiA. 12. The shares in tlie capital of the Company and all the funds and Shares to be per- property of the Company and all shares therein shall be personal sonai estate. estate and transmissible as such subject to the restrictions for that purpose contained in the said deed of settlement and shall not be of the nature of real estate. 13. Subject to the restrictions for this purpose in the said deed of settlement contained every shareholder may sell and transfer all or any of his shares in the capital of the Company (but not a fractional part of a share) and every such transfer shall be by deed and according to a form to be approved of by the directors and the transferee of such shares shall so soon as he has complied with the provisions relative to the transfer of shares contained in the said deed of settlement become a shareholder in respect of the same shares in every respect. 14. The Company shall not be bound to see to the execution of any trust whether express implied or constructive to which any share may be subject and the receipt of the party in whose name any such share shall stand in the books of the Company or if it stands in the name of more parties than one the receipt of one of the parties named in the shareholders' register book hereinafter mentioned shall from time to time be a sufficient discharge to the Company for any dividend or other sum of money payable in respect of such share notwith- standing any trust to which such share may then be subject and not- withstanding the Company have had notice of such trusts and the Company shall not be bound to see to the application of the money paid upon such receipt. 15. In case the assignees of any insolvent shareholder shall elect to accept the shares of such insolvent or in ease the trustees of any estate assigned for the benefit of creditors shall elect to accept the shares belonging to such assigned estate such assignees or trustees shall forthwith nominate some other person to become a proprietor in respect of such shares such nominee to be subject to the approval of the directors but in no case shall such assignees be themselves entitled to become shareholders in respect of the shares of any insolvent shareholder nor shall such trustees be themselves entitled to become shareholders in respect of the shares belonging to any estate assigned for the benefit of creditors. 16. In any action or suit to be brought by the Company against any shareholder to recover the money due for any call made by virtue of this Act or of the said deed of settlement it shall not be necessary to set forth the special matter but it shall be sufficient for the Com- pany to declare that the defendant is the holder of one share or more in the capital of the Company (stating the number of shares) and is indebted to the Company in the sum to which the calls in arrear shall amount in respect of one call or more upon one share or more (stating the number and amount of each of such calls) whereby an action hath accrued to the Company. ^ovld iS action 1^- O^ the trial or hearing of such action or suit it shall be sufiicient for calls. to prove that the defendant at the time of making such call was a holder of one share or more in the capital of the Company and that such call was in fact made and such notice thereof given as is provided for that purpose in the said deed of settlement and it shall not be necessary to prove the appointment of the directors who made such The assignee of insolvent share- holder and the trustees of as- signed estates to nominate some person to be- come proprietor in respect of shares of such insolvent or assigned estate. Declaration in action for calls. MOEUTA SILYEE-MINING COMPANY. 751 call nor any other matter whatsoever and thereupon the Company 27 Victoeu. shall be entitled to recover what shall be due upon such call with interest thereon. 18. The Company shall keep a book to be called " The Shareholders' Registry of Register Book" and in such book shall be fairly and distinctly entered shareholders. from time to time the names and additions of the several persons entitled to shares in the Company together with the number of shares to which such shareholders shall be respectively entitled. 19. The production of the shareholders' register book shall be shareholders' admitted in all Courts of civil and criminal jurisdiction as prima facie b^evidence.'^ '" evidence of the person named therein as a shareholder being such shareholder and of the number of his shares and every shareholder or other person having a judgment at law or a decree in equity against the Company may at all convenient times peruse the shareholders' register book gratis and may require a copy thereof or any part thereof and for every one hundred words so required to be copied the Company may demand a sum not exceeding one shilling. 20. In every ease dividends or bonuses shall be declared and paid Dividend to be out of the net gains and profits of the Company and not out of the P^d from profits capital for the time being of the Company or any portion thereof. 21. If any execution either at law or in equity shall have been Execution issued against the property or effects of the Company and if there holders.^ '"^^" cannot be found after due diligence sufficient whereon to levy such execution then such execution may be issued against any of the shareholders for the time being or any former shareholder until such execution shall be fully satisfied Provided always that no such execution shall issue against any such shareholder or former share- holder except upon an 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 in writing to the person sought to be charged and upon such motion such Court may order execution to issue accordingly Provided further that in the case of execution against any former shareholder it shall be shown that such former shareholder was a shareholder of the Company at the time when the contract or engagement was entered into for breach of which contract or engagement such execution shall have issued or become a shareholder during the time such contract or engagement was unexe- cuted or unsatisfied or was a shareholder at the time the judgment or decree was obtained upon which judgment or decree such execution shall have issued Provided also that in no case shall such execution be issued against the person property or effects of any former share- holder after the expiration of one year after the person sought to be charged shall have ceased to be a shareholder of the Company. 22. Every shareholder against whom or against whose property or Reimbursement effects execution upon any judgment decree or order obtained as afore- " ^ *''* ° ^'s- said shall have been issued as aforesaid shall be entitled to recover against the Company all loss damages costs and charges which such shareholder may have incurred by reason of such execution and that after due diligence used to obtain satisfaction thereof against the property and effects of the Company such shareholder shall be entitled to contribu- tion for so much or such loss damages costs and charges as shall remain unsatisfied from the several other shareholders against whom execution 762 MOEUTA SILVEEr-MINING COMPANT. Limitation of liability. Power to mana- ger or otlier officer to do cer- tain acta. 27 VicTOBiA. upon sucli judgment decree or order obtained against the Company might also have been issued under the provision in that behalf afore- said and that such contribution may be recovered from such share- holders as aforesaid in like manner as contribution in ordinary cases of co-partnership. 23. In the event of the assets of the Company being insufficient to meet its engagements the shareholders shall in addition to the amount of their subscribed shares in the capital of the Company be responsible to the extent only of a sum equal to the amount of their said shares. 24. In all cases in which by any Act of Parliament or of the Colonial Legislature or by any rule or order or the practice of the Supreme Court or any other Court now or hereafter to be in force in this Colony the plaintifE complainant or defendant in any action suit or other proceeding civil criminal or otherwise or any creditor of an insolvent estate or any person being a party to or interested in any process or proceeding whatsoever is or shall be authorized empowered or required to malie any affidavit deposition or information or to sign or present any petition or to do any other act it shall be lawful and competent for the manager or other officer or agent of the Company (where such Company shall be such plaintifE complainant defendant or creditor or be a party to or otherwise interested in any process or pro- ceeding whatsoever as aforesaid) for and on behalf of the Company to make any such affidavit deposition or information sign present any such petition or do any such other act as aforesaid. 25. The directors for the time being shall have the custody of the_ of corporate seal, cgj^mgu gg^l of the 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 by the said deed of settle- ment for the determination of other matters by the directors and the directors present at a board of directors of the Company shall have power to use such common seal or authorize the same to be used for the affairs and concerns of the Company and under such seal to authorize and empower any person without such seal to execute any deeds and do all or any such other matters and things as may be required to be executed and done on behalf of the Company in con- formity with the provisions of the said deed of settlement and of this Act but it shall not be necessary to use the corporate seal in respect of any of the ordinary business of the Company or for the appoint- ment of an attorney or solicitor for the prosecution or defence of any action suit or proceeding or of any officer or servant of the Company and such seal may be affixed to any deed or document by the hand of any person whom the directors shall appoint in that behalf and the affixing thereof shall be attested by at least one director and such person so appointed. 26. In citing this Act in other Acts of Parliament and in legal instruments it shall be sufficient to use the expression " The Moruya Silver-mining Company's Incorporation Act 1864." Custody and use Short title of Act. 753 MOUNT KEIEA TRAMEOAD. An Act to authorize the completion of a Tramroad from 23 victoma. the Mount Keira Coal-mines to "Wollongong Har- bour. [23 May, I860.] WHEEEAS "William Eobson Thomas "William Jackson Jolin Preamble. Nixon and Andrew Tulip carrying on business together as coalminers and proprietors at Wollongong in this Colony under the style and firm of Eobson and Co. hereinafter designated " the said Company " are joint lessees of certain coal-mines near "Wollongong aforesaid called and known by the name of the Mount Keira "Wall- send Coal-mines hereinafter designated " the said mines " And whereas the said Company have commenced and made considerable progress in the construction of a tramroad for conveying coals from the said mines to the harbour of "Wollongong aforesaid for shipment there And whereas the completion of the said tramroad will be of great public benefit in promoting the supply of coal for local and general consumption And whereas it is essential to such completion that the said Company should be empowered to carry the line of the said tramroad through certain lands being private property hereinafter also described upon terms and conditions to be determined by Parlia- ment 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. It shall be lawful for the said Company upon the terms and con- Eobson and co. ditions and subject to the provisoes and other enactments hereinafter MounTKeira contained to complete the construction of a tramroad from the Tramroad. eastern boundary of the lands whereon the said mines are situated along the whole line commencing continuing and terminating at the eastern boundary of lands belonging to the said Eobson and Co. as described in the Schedule hereto marked A Provided that such tramroad shall not occupy in any part thereof a greater space in breadth than one chain including the supports abutments and found- ations thereof and that the gauge thereof shall be three feet eight inches Provided also that as to so much of the said tramroad as shall pass along any road street or other public way the rails shall not be raised above the level thereof and that sufficient fencing shall be provided for securing the public safety. 2. The ground and soil of so much of the site of the said tramroad Ground and soil as passes over the lands described in the said Schedule A together veBted"i™com-* witn such right of ingress egress and regress upon the adjacent lands pany. as shall be necessary for the making and repair of the said tramroad shall by virtue of this Act and without other assurance in the law become and be vested in the said Company and the members thereof for the purposes of the said tramroad Provided that the said tram- Limit of time for road shall be constructed and brought into use within one year after ''"""p'^*'""' the passing of this Act and that in default thereof or if after its com- pletion the said tramroad shall cease to be used by the said Company for one year continuously all the said lands and all their estate and 3b 764 MOUNT KEIEA TEAMED AD. 23 VioTOEU, interest tliereiii shall revert to the respective owners thereof and all the rights and powers hereby conferred on the said Company shall cease and determine Provided also that at the expiration or sooner determination of the term of lease or renewal of lease which is now held by the Company as lessees of the said mines the tramway shall become the property of the owners of the mines upon their paying to the lessees a sum not exceeding the amount of the original cost of construction of the said tramway or any less sum to be determined by arbitration the arbitrators and umpire to be appointed in like manner and to have all the like powers and authorities as under the sixteenth section of this Act and their decision to be in like manner final Provided also that all sums which have been already paid or which may hereafter be paid by the owners of the said mine towards the amount of the original cost of construction of the said tramway shall be taken into account and allowed for by the said arbitrators or their umpire And it is further provided that if in the exercise of the powers hereby granted it be found necessary to cross cut through raise sink or use any part of any carriage-road or horse-road so as to render it impassable for or dangerous or inconvenient to the persons entitled to the use thereof the said Company shall before the com- mencement of any such operations cause a suf&cient road to be made instead of the road so interfered with and shall at their own expense maintain such substituted road in a state as convenient as the road interfered with or as nearly so as may be practicable and the said Company before they use the said lands respectively for any of the purposes aforesaid shall if required separate the same by a sufficient fence from the land adjoining thereto with such gates as may be re- quired for the convenient occupation of such land and shall also to all private roads used by them as aforesaid put up fences and gates in like manner in all cases where the same may be necessary to pre- vent the straying of cattle from or upon the lands traversed by such roads and in case of any difference between the owners or occupiers of such roads and lands and the said Company as to the necessity for such fences and gates such fences and gates shall be put up by the said Company as any two Justices of the Peace shall deem necessary for the purposes aforesaid on application being made to them. Tramway open to 3. The said tramway shall be open to public use upon payment of the public. g^ j^^n ^q ^[^q ^^[^ Company of any sum not exceeding two-pence per ton per mile the persons seeking transit supplying their own traction power and loading their own trucks or wagons. Power to divert 4. Por the purposcs and subject to the provisions of this Act it or alter roads, ^-^^^l be lawful for the said Company to divert or alter the course of any road or way crossing the said tramroad or to raise or sink any road or way in order the more conveniently to carry the same over or under or by the side of the tramroad Provided that if the said Company do not cause another sufficient road or way to be made before they interfere with any such existing road or way they shall forfeit twenty pounds for every day during which such substituted road shall not be made after the existing road shall have been interrupted and such penalty shall be paid to the surveyor or other person having the management of such road if a public road and shall be applied for the purposes thereof or in case of a private road or way the same shall be paid to the owners thereof and every such penalty shall be recoverable with costs in the District Court of the district. MOUNT KEIEA TEAMEOAD. 755 5. If in tie course of making the said tramroad the said Company 23 Victoria. shall use or interfere with any road they shall from time to time make Eoad repairs. good all damage done by them to such road and if any question shall arise as to the damage done to any such road by the said Company or as to the repair thereof by them such question shall be referred to the determination of two Justices who may direct such repairs to be made within such period as they may think reasonable and may impose upon the said Company for not carrying into effect such repairs any penalty not exceeding ten pounds per day as to such Justices shall seem fit and any such penalty shall be paid to the surveyor or other person having the management of the road interfered with if a public road and be applied for the purposes of such road or if a private road the same shall be paid to the owner thereof Provided that the said Justices shall have regard to and shall make full allowance for any tolls that may have been paid by the said Company on such road in the course of the using thereof. 6. Whenever the said tramroad crosses any public highway or parish Bridges to be road either such road shall be carried over the tramroad or the same where railway shall be carried over such road by a bridge of the height and width crosses highwaj-. and with the ascent or descent hereinafter provided and such bridge with the immediate approaches and all other necessary works connected therewith shall be executed by and be at all times thereafter main- tained at the expense of the said Company Provided that with the consent of the Governor with the advice of the Executive Council it shall be lawful for the said Company to carry the said tramroad across any highway on the level. 7. Until the bridges or other proper communications hereby re- owners crossing. quired between lands intersected by the said tramroad shall have been made and no longer the owners and occupiers of such lauds and any other persons whose right-of-way shall be affected by the want of such communications and their respective servants may at all times freely pass and repass with carriages horses and other animals directly but not otherwise across any part of the said tramroad solely for the pur- pose of occupying such lands or for the exercise of such right-of-way and so as not to obstruct the passage along the said tramroad or damage the same Provided that if the owner or occupier of any such lands have in his arrangements with the said Company received or agreed to receive compensation for or on account of any such communications instead of the same being formed such owner or occupier or those claiming under him shall not be entitled so to cross the said tramroad. 8. Wherever the said tramroad crosses any public highway or Provisions in parish road on a level the said Company shall erect and at all times rcS are crossed maintain good and sufficient gates across such road on each side of the °" ^ i«™i- tramroad where the same shall communicate therewith and shall employ proper persons to open and shut such gates and such gates shall be kept constantly closed across such roads on both sides of the tramroad except during the time when horses cattle carts or car- riages passing along the same shall have to cross such tramroad and such gates shall be of such dimensions and so constructed as when closed to fence in the said tramroad and prevent cattle or horses passing along the road from entering upon the tramroad and the person intrusted with the care of such gates shall cause the same to be closed as soon as such horses cattle carts or carriages shall have passed through the same under a penalty of forty shillings for every default therein Provided that it shall be lawful for the Secretary for Public Works in 756 MOUNT KEIRA TEAMEOAD. 23 Victoria. Power to enter upon adjoining: lands to repair accidents sub- ject to certain restrictions. Construction of bridges over roads. Construction of bridges 07er railroad. any case in which he shall be satisfied that it will be more conducive to the public safety that the gates on any level crossing over any such road shall be kept closed across the tramroad to order that such gates shall be kept so closed instead of across the road and in such case such gates shall be kept constantly closed across the tramroad except when locomotives or carriages passing along the same shall have occasion to cross such road in the same manner and under the like penalty as above directed with respect to the gates being kept closed across the road. 9. In case of accidents or slips happening or being apprehended to the cuttings embankments or other works of the said tramroad the said Company and their workmen and servants may enter upon the land adjoining thereto at any time for the purpose of repairing or pre- venting such accidents and may do such works as may be necessary for the purpose but in every such case the said Company shall vsdthin forty-eight hours after such entry make a report to the Secretary for Public "Works specifying the nature of such accident or apprehended accident and of the works necessary to be done and such powers shall cease and determine if the said Secretary shall after considering the said report certify that their exercise is not necessary for the public safety Provided that such works shall be as little injurious to the said adjoin- ing lands as the nature of the accident or apprehended accident will admit of and shall be executed with all possible dispatch and full com- pensation shall be made to the owners and occupiers of such lands for any loss injury or inconvenience sustained by them respectively by reason of such works Provided also that no land shall be taken per- manently for any such worlds otherwise than is herein provided with respect to the lands originally taken for the purpose of making the said tramroad. 10. Every bridge to be erected for the purpose of carrying the tram- road over any road shall be built in manner following — The width of the arch shall be such as to leave thereunder a clear space of not less than thirty feet if the arch be over a public highway and of twenty feet if over a jiarish road and of twelve feet if over a private road. The clear height of the arch from the surface of the road shall not be less than sixteen feet for a space of twelve feet if the arch be over a turnpike road and fifteen feet for a space of ten feet if over a public carriage road and in each of such cases the clear height at the springing of the arch shall not be less than twelve feet and the clear height of the arch for a space of nine feet shall not be less than fourteen feet over a private road. The descent made in the road in order to carry the same under the bridge shall not be more than one foot in thirty feet if the bridge be over a public highway one foot in twenty feet if over a parish road and one foot in sixteen if over a private road not being a tramroad or railroad or if the same be a tramroad or railroad the descent shall not be greater than the ruling gradient of such tramroad or railroad. 11. Every bridge erected for carrying any road over the tramroad shall be built in manner following : — There shall be a good and suiEcient fence on each side of the bridge of not less height than four feet and on each side of the immediate approaches of such bridge of not less than three feet. MOUNT KEIEA TEAMED AD. 757 The road over tlie bridge shall have a clear space between the 23 Victobia. fences thereof of thirty -five feet if the road be a public high- way and twenty -five feet if a parish road and twelve feet if a private road. The ascent shall not be more than one foot in thirty feet if the road be a turnpike road one foot in twenty feet if a parish road and one foot in sixteen feet if a private road not being a tramroad or railroad or if the same be a tramroad or railroad the ascent shall not be greater than the ruling gradient of such tramroad or railroad. 12. Where the average available width for the passing of carriages Bridges need not of any existing road within fifty yards of the points of crossing the road^in Certain' same is less than the width hereinbefore prescribed for bridges over or ?ases nor exist- under the railway the width of such bridges need not be greater than roldsCTossedor such average available width of such roads but so nevertheless that diverted be such bridges be not of less width in case of a public highway or parish road than twenty feet Provided also that if at any time after the construction of the said tramroad the average available width of any such road shall be increased beyond the width of such bridge on either side thereof the said Company shall at their own expense increase the width of the said bridge to such extent as may be required by the surveyor or other manager of such road not exceeding the width of such road as so widened or the maximum width herein prescribed for a bridge in the like case over or under the tramroad And if the mesne inclination of any road within two hundred and fifty yards of the point of crossing the same or the inclination of such portion of any road as may be required to be altered or for which another road shall be substituted shall be steeper than the inclination hereinbefore required to be preserved the said Company may carry any such road over or under the tramroad or construct such altered or substituted road or an inclination not steeper than the said mesne inclination of the road so to be crossed or of the road so requiring to be altered or for which another shall be substituted. 13. The said Company shall make and at all times thereafter main- Works for bene- tain the following works for the accommodation of owners and occu- ^^ °' °'^"'"- piers of lands adjoining the said tramroad — Such and so many convenient gates bridges arches and passages over under or by the side of or leading to or from the tram- road as shall be necessary for the purpose of making good any interruptions caused thereby to the use of the lands through which the same shall be made and such works shall be made forthwith after the part of the tramroad passing over such lands shall have been laid out or formed or during the foundation thereof. All sufiicient posts rails bridges ditches mounds or other fences Fences. for separating the land taken for the use of the tramroad from the adjoining lands not taken and protecting such lands from trespass or the cattle of the owners or occupiers thereof from straying thereon by reason of the tramroad together with all necessary gates made to open towards such adjoining lands and not towards the tramroad and all necessary stiles and such posts rails and other fences shall be made forth- with after the taking of any such lands if the owners thereof shall so require and the said other works as soon as conve- niently may be. 758 MOFjSTT keiea teameoad. 23 Victoria. Also all necessary arches tunnels culverts drains or other passages Drains. either over or under or by the side of the tramroad of such dimensions as will be sufficient at all times to convey the water as clearly from the lands lying near or affected by the tramroad as before the making thereof or as nearly so as may be and such works shall be made from time to time as the works proceed Watering-places. Also proper watering-places for cattle or compensation in lieu thereof where by reason of the tramroad the cattle of any person occupying any lands lying near thereto shall be deprived of access to their former watering-places and such watering- places shall be so made as to be at all times sufficiently supplied with water as theretofore and as if the said tramroad had not been made or as nearly so as may be and the said Company shall make all necessary watercourses and drains for the purpose of conveying water to the said watering-places. Provided always that the said Company shall not be required to make such accommodation works in such a manner as would prevent or obstruct the working or using of the tramroad nor to make any accom- modation works with respect to which the owners and occupiers of the lands shall have agreed to receive and shall have been paid com- pensation instead of their being made. Penalty on 14. If any person omit to shut and fasten any gate set up at either to Sen gates?^ ^^^^ °f ^^^ tramroad for the accommodation of the owners or occupiers of the adjoining lands so soon as he and the carriage cattle or other animals under his care have passed through the same he shall forfeit for every such offence any sum not exceeding two pounds to be recovered before any two Justices of the Peace. Minerals not to 15. The said Company shall not be entitled to any mines of coal iron P^^' stone slate or other minerals under any land whereof the surface is vested in them by this Act except only such parts thereof as shall be necessary to be dug or carried away in the construction of the works hereby authorized and such mines shall not be deemed to vest in the said Company. Arbitration. 16. If within twenty-eight days after the passing of this Act the said persons through whose lands the tramroad shall pass or any o£ them and the promoters shall not agree as to the amount of compen- sation to be paid by them for the said lands belonging to the said parties or any of them or for any damage that may be sustained by them or him by reason of the execution of the works the amount of such compensation shall be settled by arbitrators in manner herein- after mentioned (that is to say) — Each disputant shall name an arbi- trator and such arbitrators shall before proceeding to arbitrate name an umpire to act in case of their disagreement and such arbitrators and umpire shall have all the usual powers and authorities as to examining parties and witnesses and all other usual powers incident to arbitrations generally and their decisions shall be final. Act to be deemed 17. This Act shall be deemed to be a public Act and shall be styled a public Act. and may be cited as the " Mount Keira Tramroad Act of 1860." SCHEDULE A. A PIECE or parcel of land one chain in width commencing at the Osborne Wallsend Coal Mines at Mount Keira lUawarra In the county of Camden and Colony of New South Wales and extending in over and through lands of the late Henry Osborne MOUNT KEMBLA COAL AND OIL CO.'S EAILWAT. 759 Esquire also passing under a reserved road leading through the Mount Keira 23 Victoria. Estate also in over and through lands of Andrew Thompson Esquire also extending through lands known as Bustle Farm formerly granted to Charles Throsby Smith Esquire and now vested in Michael Hindmarsh and David Johnstone as trustees and hereinafter styled the said trust lands commencing on the west side of BuUi Koad to a point on the east side of the said road four chains and fifty-five links from the north-west comer of the said BuUi Road at its junction with Keira-street thence with a slight curve northward through the said trust lands to a point on the west side of Keira-street aforesaid three chains and forty-five links north of its junction with the BuUi Road thence also through the said trust lands in a direct line to a point on the east side of Corrimal-street four chains and ten links north of its junction with Smith-street with a slight curve to the north to the south-east corner of Campbell-street and thence in an almost direct line through the aforesaid trust lands to a point on the eastern boundary of the said trust lands abutting on the lands belonging to Robson and Company and terminating at a point four chains and fifty links north-west of the north-west corner of Harbour-street. MOUNT KEMBLA COAL AND OIL COMPANY'S EAILWAT. An Act to enable the Mount KemblaCoal and Oil Com- 44Victoeia,, pany (Limited) to construct two lines of Railway from land near Mount Kembla belonging to the said Company and to connect the same with the sea-coast at Red Point and WoUongong respect- ively. [23 March, 1881.] WHEEEAS the Mount Kembla Coal and Oil Company (Limited) preamble a Joint Stock Company duly registered under an Act of tlie Imperial Parliament made and passed in tte twenty-fiftli and twenty- sixth years of Her present Majesty Queen Victoria chapter eighty- nine and the Acts amending the same and hereinafter designated the Company have opened coal-mines on land situated near Mount Kembla in the county of Camden and are desirous of constructing railways from the said coal-mines to the sea-coast at Eed Point and at "WoUongong respectively but as part of such proposed railways are intended to be made upon and pass through lands in the said county not belonging to the said Company but believed to be the property of the representatives of the late William Stafford John Bright Thomas Wilton Eady William Warren Jenkins D'Arcy Wentworth Henry Giles Irvine Thomas John EuUer Mrs. Hubert Waldron Charles Vaughan Waldron Thomas John EuUer the representatives of the late Eobert Owen William Simpson and the Crown being temporary reserves under the control of the Municipal Council of WoUongong and the trustees of the WoUongong Common John Massey Henry Grilbert Smith William Eoemer the trustees of the Eoman Catholic Cemetery and the Eoman Catholic Convent and others or some of them respectively the same cannot be made without Legislative authority And whereas the said coal-mines are likely to prove bene- ficial to the Colony and the public are concerned in promoting such an increase in the facilities for the supply of coal for local consumption steam navigation and export as would result from the construction of the said proposed railways it is therefore desirable to authorize by Legislative enactment the construction of the said railways subject to 760 MOriSTT KEMBLA COAL AND OIL CO.'S EAILWAT. 44 Victoria, the provisions hereinafter contained upon payment of compensation to the several parties through whose lands the same shall pass for such portions of their respective lands as may be required to he used or occupied thereby Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows : — Authority to 1. It shall be lawful for the Company to make and construct rail- ways and to con- ways from the land belonging to the Company through lands granted with the S"*^ by the Crown to Thompson Henry Gilbert Smith William Eoemer coast. John Eeilly Thomas Palmer Thomas Evans J. Drummond E. Jones G-eorge Tait Jemima Jenkins Buckland David Allace G. Clarke Gregory Bladand Wm. Stafford Henry Gordon P. Leahy and Eobert Benjamin and now believed to be the properties of the several persons mentioned in the preamble of this Act and also through Crown Lands and other lands and to take and use so much of the said lands as the said Company may require for the purpose of such railways in the lines described in the Schedule hereto or either of them not exceeding in any part thereof a greater space in breadth than sixty-six feet including the supports abutments and foundations of the said railways Provided that one of the said railways shall be constructed and brought into use within the term of five years from the passing of this Act. Powerto con- 2. It shall be lawful for the Company either in substitution for some do™ or hrrtour" portion of the railways by the first section of this Act authorized to be works. made or in addition to the said railways to make and continue railways through the town of Wollongong and any street thereof for the purpose of connecting the railways or one of them and the works of the Com- pany with the public basin or harbour works and to take and use so much of the said lands as the said Company may require not exceeding in any part thereof a greater space in breadth than sixty-six feet including the supports abutments and foundations of the said lines of railway Provided that before such last-mentioned work shall be com- menced to be made a plan and section thereof shall be laid before and approved of by the Governor and Executive Council. 3. It shall be lawful for the said Company to construct at the terminus of the said railway at Eed Point aforesaid such wharf or wharves jetty or jetties and pier or piers as the directors of the said Company may think necessary for the purpose of shipping the products of the said mines. 4. So much of the lands of the said owners or other persons as shall be taken or used by the Company under the provisions of this Act for the purpose of the said railways with such right of ingress egress and regress upon the adjacent lands as may be necessary for the making and repair of the said railways shall by virtue of this Act and without the necessity of any conveyance be vested in the Company Provided that if in the exercise of the powers hereby granted it be found necessary to cross cut through raise sink shut or use any part of any road whether carriage road or horse road so as to render it im- passable for or dangerous or inconvenient to the persons entitled to the use thereof or to divert the course or direction of any creek or watercourse the Company shall before the commencement of any such operations cause a sufiicient road or new creek or watercourse to be made instead of any road or creek or watercourse interfered with and Power to con- struct wharves. Lands vested in the Company without con- veyance. MOUNT KEMBLA COAL AND OIL CO.'S EAILWAT. 761 shall at their own expense maintain such substituted road in a state as 44 Victoeia. convenient as the road interfered with or as nearly as may be And the Company before they use the said lands for any of the purposes aforesaid shall if required so to do separate the same by a sufficient fence from the land adjoining thereto with such gates as may be required for the convenient occupation of such land and shall also to all private roads used by them as aforesaid put up fences and gates in like manner in all cases where the same may be necessary to prevent the straying of cattle from or upon the lands traversed by such roads And in case of any difference between the owners or occupiers of such roads and lands and the Company as to the necessity for such fences and gates such fences and gates shall be put up by the Company as two Justices of the Peace shall deem necessary for the purposes afore- said on application being made to them. 5. The railway shall be at all times open to the public upon pay- Railways open to ment of a toll to the Company of sixpence per ton per mile in respect *'^^ puWic. of every ton of goods for every transit the party seeking transit supplying his own trucks or waggons and the Company supplying locomotive power (being thereunto required by the party seeking transit twenty-four hours at least previously) And such supply of locomotive power shall not be compulsory on the Company unless the party seeking transit guarantee and bring two hundred tons at the least during the twelve working hours to be mentioned in such notice But it shall be compulsory on the Company to carry any quantity not less than forty tons if the locomotive be actually at work and all trucks when emptied shall be conveyed on their return free of cost The railways shall be at all times open to the public upon payment of a toll to the Company of fourpence per ton per mile in respect of every ton of goods for every transit if the party seeking transit supply the locomotive power as well as trucks or waggons Provided that so long as the Company shall supply locomotive power no other person shall use locomotive power on the line Provided that if the railways shall be damaged by parties who shall themselves use the railways for transit and supply locomotive power the Company shall be entitled to compensation for such damage to be recovered either by action in the Supreme Court of New South "Wales or if such damage do not exceed the sum of twenty pounds summarily before two Justices and in estimating such damage the Company shall be entitled not only to compensation for the cost of repairing and restoring the railway but to the consequential damage (if any) sustained by reason of the suspension of transit After the railways shall have been open for transit the Company shall continue to provide the locomotive power required for using the same (accidents excepted) until twenty-eight days' notice shall have been given by them by advertisement in the New South Wales Grovernment Grazette that they intend after the expiration of a day to be named in such notice to suspend or discon- tinue working the railways or supplying the necessary locomotive power thereon whereupon it shall be lawful for any person entitled to use the railways to provide locomotive power such person paying the toll hereinbefore mentioned to be payable in such event Provided that any person interested in using the railways upon giving to the Com- pany three calendar months' previous notice in writing of his intention so to do may make application to the Executive Council of New South "Wales to reduce the tolls limited by this Act and to create a new scale applicable to the traffic on the said railways such new scale being 762 MOUNT KEMBLA COAL AND OIL CO.'S EAILWAT. 44 VicTOBiA. below tlie scale Hmited by tMs Act and it stall thereupon be lawful for the said Council to reduce the tolls as in the judgment of the said Council shaU be reasonable Provided that the clear divisible profits of the railways shall be annually made good to the Company by the persons using the said railways at the rate of twenty pounds for every one hundred pounds by the year of the capital proved by the Com- pany to have been expended by them in or about the construction of the railways after debiting the railways with the cost of maintaining the line in proper working order and crediting the railways with the carriage obtained by the Company at the rate aforesaid. Branch railways. 6. It shall be lawful for the owners or occupiers of the lands traversed by the said railways to lay down upon their own lands any collateral branchea of railways to communicate with the said railways for the purpose of bringing carriages to or from or upon the said rail- ways and the Company shall if required at the expense of such owners or occupiers make openings in the rails and such additional railways as may be necessary for effecting such communication in places where the communication can be made with safety to the public and without injury to the said railways and without inconvenience to the traffic thereupon and the Company shall not take any rate or toll or other moneys for the passing of any passengers goods or other things along any branch so to be made by any such owner or occupier or other person but this enactment shall be subject to the following restrictions and conditions (that is to say) — No such railways shall run parallel to the said railways the Com- pany shall not be bound to make any such openings in any place which they shall have set apart for any specific purpose with which such communication would interfere nor upon any inclined plane or bridge nor in any tunnel. The persons making or using such branch railways shall be subject to all by-laws and regulations of the Company from time to time made with respect to passing upon or crossing the rail- ways and otherwise and the persons making or using such branch railways shall be bound to construct and from time to time as need may require to renew the off-set plates and switches according to the most approved plan adopted by the Company under the direction of their engineer. Bight to carry 7. It shall be lawful for but not compulsory upon the said Company passengers. from time to time and at any and all times to carry passengers and live stock upon the said railways or any part thereof respectively and to make demand take receive and recover such tolls or dues for carry- ing the same at such rates per mile or other scale of charges as shall be established from time to time by the directors of the Company for or in respect of all such passengers and live stock which shall be con- veyed or transported upon such railways or either of them or any part thereof respectively And the directors are hereby authorized to make such by-laws and regulations not inconsistent with this Act as may be necessary for the regulation of such traffic and such by-laws or regulations shall be binding upon all persons using or travelling upon the said railways and any persons offending against such by-laws or regulations shall be liable to a fine not exceeding ten pounds for each offence to be recovered in a summary way before any two Justices Provided always that if the rates tolls or dues that may be established MOUNT KEMBLA COAL AND OIL CO.'S EAILWAT. 763 as aforesaid under and by virtue of tliis Act sliall be found excessive 44 Victobia. it sliall and may be lawful for the Legislature to reduce the said rates tolls or dues and to revise them in sucb manner as may seem most proper and advisable And it is hereby provided that nothing in this Act contained shall extend to charge or make liable the said Company further or in any other case than where according to the laws of this Colony stage-coach proprietors and common carriers would be liable nor shall extend in any degree to deprive the said Company of any protection or privilege which common carriers or stage-coach proprietors may be entitled to but on the contrary the Company shall at all times be entitled to the benefit of every such protection and privilege. 8. For the purposes and subject to the provisions hereinafter Power to diver contained it shall be lawful for the Company their deputies agents watercourses.™ servants and workmen and all other persons by them authorized and empowered to divert or alter the course of any roadway or water- course crossing the railways or either of them or to raise sink or divert any roadway or watercourse in order the more conveniently to carry the same over or under or by the side of the railways or either of them. 9. If the Company do not cause another sufficient road or new Penalty for not creek or watercourse to be so made before they interfere with any such roadster waW existing creek or watercourse as aforesaid they shall forfeit twenty courses. pounds for every day during which such substituted road creek or water- course shall not be made after the existing road creek or watercourse shall have been interrupted and such penalties shall be paid to the trustees commissioners surveyor or other persons having the manage- ment of such road if a public road and shall be applied for the purposes thereof or in case of a private road the same shall be paid to the owner thereof and every such penalty shall be recoverable with costs by action in any of the superior Courts. 10. If in the course of making the said railways or either of them Repairs of the Company shall use or interfere with any road they shall from time "*^^- to time make good all damage done by them to such road and if any question shall arise as to the damage done to any such road by the Company or as to the repair thereof by them such question shall be referred to the determination of two Justices and such Justices may direct such repairs to be made in the state of such road in respect of damage done by the Company and within such period as they may think reasonable and may impose on the Company for not carrying into effect such repairs any penalty not exceeding ten pounds per day as to such Justices shall seem fit and any such penalty shall be paid to the surveyor or other person having the management of the road interfered with by the Company if a public road and be appHed for the purposes of such road or if a private road the same shall be paid to the owner thereof Provided always the said Justices shall have regard to and shall make full allowance for any tolls that may have been paid by the Company on such road in the course of using thereof. 11. If the railways cross any public highway or parish road then Bridges to be either such road shall be carried over the railways or the railways shall Xerrthe"^ rau- be carried over such road by means of a bridge of the height and ways cross high- width and with the ascent or descent by this Act in that behalf herein- ™^' after provided and such bridge with the immediate approaches and all 764j mount kembla coal and oil CO.'S eailwat. 44 yicTOEiA. other necessary works connected therewith shall be executed by and be at all times thereafter maintained at the expense of the Company Provided that with the consent of two Justices it shall be lawful for the Company to carry the railways across any highway on the level. Owners and 12. Until the Company shall have made the bridges or other occupiers cross- pj.Qpgy communications which they shall under the provisions herein contained have been required to make between lands intersected by the railways and no longer the owners and occupiers of such lands and any other persons whose right-of-way shall be affected by the want of such communications and their respective servants may at all times freely pass and repass with carriages horses and other animals directly but not otherwise across any part of the railways made in or through their respective lands solely for the purpose of occupying the same lands or for the exercise of such right-of-way and so as not to obstruct the passage along the railways or to damage the same nevertheless if the owner or occupier of any such land have in his arrangements with the Company received or agreed to receive compensation for or on account of any such communications instead of the same being formed such owner or occupier or those claiming under him shall not be entitled so to cross the railways. Provisions in 13. If the railways cross any public highway or parish road on a roads ^r tram- l^vel the Company shall if ordered by two Justices so to do erect and ways are crossed at all times maintain good and suf&oient gates across such road on each on a leve . ^^^^ ^^ ^-^^ railways where the same shall communicate therewith and shall if so ordered as aforesaid employ proper persons to open and shut such gates and such gates shall be constantly kept closed across such road on both sides of the railways except during the time when horses cattle carts or carriages passing along the same shall have to cross such railways and such gates shall be of such dimensions and so constructed as when closed to fence in the railways and prevent cattle or horses passing along the road from entering upon the railways and the person entrusted with the care of such gates shall cause the same to be closed as soon as such horses cattle carts or carriages shall have passed through the same under a penalty of forty shillings for every default therein Provided always that it shall be lawful for the Secretary for Public "Works in any case in which he shall be satisfied that it will be more conducive to the public safety that the gates on any level crossing over any such road shall be kept closed across the railways to order that such gates shall be kept so closed instead of across the road and in such case such gates shall be kept constantly closed across the railway except when engines or carriages passing along the railways shall have occasion to cross such road in the same manner and under the like penalty as above directed with respect to the gates being kept closed across the road. Power to enter 14. In case of accidents or slips happening or being apprehended to Eto^""'"^ *^^ cuttings embankments or other works of the said railways it shall repair accidents be lawful for the Company and their workmen and servants to enter restr1ctio°iM!'*"° Upon the land adjoining thereto at any time whatsoever for the purpose of repairing or preventing such accidents and to do such works as may be necessary for the purpose but in every case the Company shall within forty-eight hours after such entry make a report to the Secretary for Public Works specifying the nature of such accident or apprehended accident and of the works necessary to be done and such powers shall MOUNT KEMBLA COAL AND OIL CO.'S EAILWAT. 765 cease and determine if the said Secretary shall after considering the said 44 Victoria. report certify that their exercise is not necessary for the public safety Provided also that such works shall be as little injurious to the adjoining lands as the nature of accident or apprehended accident will admit of and shall be executed with all possible dispatch and full compensation shall be made to the owners and occupiers of such lands for the loss or injury or inconvenience sustained by them respectively by reason of such works the amount of which compensation in case of any dispute about the same shall be settled by arbitrators in the manner hereinafter mentioned and provided also that no land shall be taken permanently for any such works otherwise than is herein pro- vided with respect to the lands originally taken for the purpose of making the said railways. 15. Every bridge to be erected for the purpose of carrying the Construction of railways over any road shall be built in conformity with the following ^^^^^ °™'' regulations that is to say : — The width of the arch shall be such as to leave thereunder a clear space of not less than thirty feet if the arch be over a public highway and of twenty feet if over a parish road and of twelve feet if over a private road. The clear height of the arch from the surface of the road shall not be less than sixteen feet for a space of twelve feet if the arch be over a turnpike road and fifteen feet for a space of ten feet if over a public carriage road and in each of such cases the clear height at the springing of the arch shall not be less than twelve feet the clear height of the arch for a space of nine feet shall not be less than fourteen feet over a private road. The descent made in the road in order to carry the same under the bridge shall not be more than one foot in thirty feet if the bridge be over a public highway one foot in twenty feet if over a parish road and one foot in sixteen if over a private road not being a tramroad or railroad or if the same be a tramroad or railroad the descent shall not be greater than the ruling gradient of such tramroad or railroad. 16. Every bridge erected for carrying any road over the railways construction ot shall be built in conformity with the following regulations that is to j^ifroad"™"^ say- There shall be a good and sufficient fence on each side of the bridge of not less height than four feet and on each side of the immediate approaches of such bridge of not less than three feet. The road over the bridge shall have a clear space between the fences thereof of thirty-five feet if the road be a public highway and twenty-five feet if a parish road and twelve feet if a private road. The ascent shall not be more than one foot in thirty feet if the road be a turnpike road one foot in twenty feet if a parish road and one foot in sixteen if a private road not being a tramroad or railroad or if the same be a tramroad or railroad the ascent shall not be greater than the ruling gradient of such tramroad or railroad. 766 MOTJIN'T KEMBLA COAL AND OIL CO.'S EAILWAT. 44 VicTOBiA. 17. Provided always that in all cases where the average available The width of the width for the passing of carriages of any existing road within fifty excted^he widt°h ya^rds of the points of crossing the same is less than the width herein- of the road in before prescribed for bridges over or under the railways the width of m cases. gmj]j bridges need not be greater than such average available width of such roads but so nevertheless that such bridges be not of less width in case of a public highway or parish road than twenty feet Pro- vided also that if at any time after the oonstructio nof the railways the average available width of any such road shall be increased beyond the width of such bridge on either side thereof the Company shall be bound at their own expense to increase the width of the said bridge to such extent as they may be required by the trustees or surveyors of such road not exceeding the width of such road as so widened or the maximum width herein prescribed for a bridge in the like case over or under the railways. Existing inciin- 18. Provided also that if the mean inclination of any road within crossed or ^ two hundred and fifty yards of the point of crossing the same or the *'<">- and that in default thereof or if after its completion the said tram- road shall cease to be used by the said promoters their heirs or assigns for one year continuously all the said lands and all their estate and interest therein shall revert to the Crown and all the rights and powers hereby conferred on the said promoters shall cease and deter- mine And it is further provided that if in the exercise of the powers hereby granted it be found necessary to cross cut through raise sink or use any part of any carriage road or horse road so as to render it impassable for or dangerous or inconvenient to the public the said promoters shall before the commencement of any such operations cause a sufiicient road to be made instead of the road so interfered with and shall at their own expense maintain such substituted road in a state as convenient as the road interfered with or as nearly so as may be practicable and the said promoters before they use the said lands respectively for any of the purposes aforesaid shall if required by the Secretary for Lands separate the same by a sufiicient fence from the land adjoining thereto with such gates as may be required for the convenient occupation of such land. 3. The tramway hereby authorized to be made shall be open to Tramway open public use upon payment of a toll to the said promoters of any sum *° "'^ pubho. not exceeding two-pence per ton per mile or for any fraction of a mile the persons seeking transit supplying their own traction power and loading their own trucks or waggons and no additional charge shall be made on the return of such trucks or waggons. 4. Por the purposes and subject to the provisions of this Act it Power to divert shall be lawful for the said promoters to divert or alter the course of °' * ^' ^°^ ^' any public road or way crossing the said tramroad or to raise or sink any road or way in order the more conveniently to carry the same across or by the side of the tramroad Provided that if the said pro- moters do not cause another sufficient road or way to be made before they interfere with any such existing road or way they shall forfeit twenty pounds for every day during which such substituted road shall not be made after the existing road shall have been interrupted and such penalty shall be paid to the surveyor or other person or persons having the management of such road and shall be applied for the purposes thereof. 5. If in the course of making the said tramroad tlie said promoters Road repairs, shall us,e or interfere with any public road they shall from time to time 774 MOUNT PLEASANT TEAMEOAD. Proviaiong where roads are crossed on 3. 26 Victoria, make good all damage do]ie hj tliem to siicli road and if any question shall arise as to the damage done to any such road by the said pro- moters or as to the repair thereof by them such question shall be referred to the determination of two Justices who may direct such repairs to be made within such period as they may think reasonable and may impose on the said promoters for not carrying into effect such repairs any penalty not exceeding ten pounds per day as to such Justices shall seem fit and any such penalty shall be paid to the sur- veyor or other person or persons having the management of the road interfered with and be applied for the purposes of such road Pro- vided that the said Justices shall have regard to and shall make full allowance for any tolls that may have been paid by the said promoters on such road in the course of the using thereof. 6. Wherever the said tramroad crosses any public highway or parish road the said promoters shall erect and at all times maintain good and sufficient gates across such road on each side of the tramroad where the same shall communicate therewith and shall employ proper persons to open and shut such gates and such gates shall be kept constantly closed across such roads on both sides of the tramroad except during the time when horses cattle carts or carriages passing along the same shall have to cross such tramroad and such gates shall be of such dimensions and so constructed as when closed to fence in the said tramroad and prevent cattle or horses passing along the road from entering upon the tramroad and the person intrusted with the care of such gates shall cause the same to be closed as soon as such horses carts or carriages shall have passed through the same under a penalty of forty shillings for every default therein Provided that it shall be lawful for the Secretary for Public Works in any case in which he shall be satisfied that it will be more conducive to the public safety that the gates on any level crossing over any such road shall be kept closed across the tramroad to order that such gates shall be kept so closed instead of across the road and in such case such gates shall be kept constantly closed across the tramroad except when locomotives or carriages passing along the same shall have occasion to cross such road in the same manner and under the like penalty as above directed with respect to the gates being kept closed across the road. 7. The said promoters shall make and at all times hereafter maintain fit of the public, ^j^g following works for the accommodation of the public- Such and so many convenient gates bridges arches and passages over under or by the side of or leading to or from the tram- road as shall be necessary for the purpose of making good any interruptions caused thereby to the use of the lands through which the same shall be made and such works shall be made forthwith after the part of the tramroad passing over such lands shall have been laid out or formed or during the formation thereof. Fences. All sufficient posts rails bridges ditches mounds or other fences for separating the land taken for the use of the tramroad from the adjoining lands together with all necessary gates made to open towards such adjoining lands and not towards the tramroad and all necessary stiles and such posts and rails and other fences shall be made forthwith after the taking of any such lands if the Secretary for Lands shall so require and the said other works as soon as conveniently may be. Works for bene- MOUNT PLEASANT TEAMEOAD. 775 Also all necessary aretes tunnels culverts drains or other pas- 26 Victoeia. sages either over or under or by the sides of the tramroad Drains, of such dimensions as will be sufficient at all times to convey the water as clearly from the lands lying near or affected by the tramroad as before the making thereof or as nearly so as may be and such works shall be made from time to time as the works proceed. Provided always that the said promoters shall not be required to make such accommodation works in such a manner as would prevent or obstruct the working or using of the tramroad. 8. If any person omit to shut and fasten any gate set up at either Penaityon per- side of the tramroad for the accommodation of the public so soon as to'fasten gates. he and the carriage cattle or other animals under his care have passed through the same he shall forfeit for every such offence any sum not exceeding two pounds to be recovered before any two Justices of the Peace. 9. It shall be lawful for the Grovernor with the advice of the Terms of uiti- Executive Council at any time after the completion of the tramway ^Govmnm^nt. authorized by this Act to be made to purchase the same with the appurtenances in the name and on behalf of Her Majesty upon giving to the promoters six months' notice in writing of the intention to do so and on payment to them of a sum equal to the whole sum expended in completing the said tramway by this Act authorized to be made and its appurtenances with a premium thereon at ten per cent, re- serving nevertheless to the said promoters their heirs aud assigns the use of the said tramway or any other tram or railway laid down in place thereof for the transit of coal from the said mine to the harbour at WoUongong on such reasonable conditions as to the Secretary for "Works for the time being may seem fit. 10. The said promoters shall within six months after the completion Accounts to be of the tramway authorized by this Act to be made file in the office of '°'^s^- the Colonial Secretary a true and faithful account in detail of all costs and expenses incurred in the making of the said tramway or connected therewith verified by a declaration of the promoters or one of them and the amount of such costs and expenses so verified shall together with such premium as aforesaid be the amount at which the said tramway may be purchased under the power in the foregoing clause contained. 11. The said promoters shall not be entitled to any mines of coal Minerals not to iron stone slate or other minerals under any land whereof the surface p^'- is vested in them by this Act except only such parts thereof as shall be necessary to be dug or carried away in the construction of the works hereby authorized and such mines shall not be deemed to vest in the said promoters. 12. This Act shall be deemed to be a public Act and shall be styled Acttobedeeme and may be cited as the " Mount Pleasant Tramroad Act of 1862." »piibiic Act. 776 MUEEUMBIDGEE TURP CLUB. Preamble. 40 VicTOEiA. An Act to enable the Trustees of certain land at Wagga Waggain the Colony of New South Wales dedicated for purposes of public recreation to grant leases thereof and to enable the members of the Murrum- bidgee Turf Club to sue and be sued in the name of the Chairman for the time being of the Committee and for other purposes. [13 July, 1876.J WHEEEAS by deed-poll or grant from the Crown bearing date the tenth day of September in the year of our Lord one thousand eight hundred and sixty-six under the hand of His Excel- lency Sir John Young then Grovernor-in-Chief of the Colony of New South Wales and under the seal of the said Colony all that piece or Earcel of land in our said Colony containing by admeasurement one undred and sixty-one acres be the same more or less situated in the county of "Wynyard parish of "Wagga "Wagga South at "Wagga "Wagga portion two hundred and nine Commencing at the westerly inter- section of Beckwith and Kincaid Streets and bounded thence on the south-east by Kincaid-street south-westerly thirty-nine chains and twenty-four links on the south-west by the north-eastern boundaries of portions two hundred and six two hundred and seven two hundred and eight and two hundred and ten being in all a line bearing north thirty degrees thirty-seven minutes west forty-two chains and seventy links to a road three chains wide on the west by that road bearing north four chains and thirty links on the north by that road bearing north seventy-two degrees forty-two minutes east twenty-five chains and twenty-iive links and thence south eighty-two degrees thirty-four minutes east fifteen chains and eighty-eight links to Beckwith-street and on the north-east by that street south-easterly thirty chains and fifty links to the point of commencement with all the rights and appurtenances thereto belonging was granted unto Thomas "Wardle Hammond Edward Charles Pearson and Henry Wallace Esquires of Wagga Wagga their heirs and assigns To hold unto the said Thomas Wardle Hammond Edward Charles Pearson and Henry Wallace their heirs and assigns upon trust in their discretion to permit and suffer the said land or any part thereof to be used by such persons clubs or associations at such times and upon such terms and conditions as the said Thomas Wardle Hammond Edward Charles Pearson and Henry Wallace or any other trustees of the said land appointed as therein- after provided should think fit and proper for any of the purposes thereinafter described that is to say — Pirstly — As a racecourse upon which horse-races may be run under the direction of any club or association now existing or which may hereafter be founded for the purpose of horse- racing. Secondly — A s a training-ground for the purpose of training horses intended to race. Racecourse. Training- ground. CrioI ■, the Association, either m ills Own name or m the name 01 a nominee with the said Association any policy or contract for an assurance endowment or annuity and also (subject to the provisions of this Act and of the said by-laws) the assigns or nominees of such persons shall so long as he or they respectively shall have an interest in such policy or contract be a member or members of the Association now incorporated and minors and married women as if single may also (subject to the said by-laws) be members in like manner and the policies held by such married women shall not be subject to the debts or control of their husbands and may be disposed of by them by will Provided that minors shall not become such members without consent of their parents masters or guardians And provided that no policy for life assurance or endow- ment held by any married woman shall be protected against the debts of her husband unless it shall have endured for two years and then only to the extent of two hundred pounds if for five years then to the extent of five hundred pounds if for seven years then to the extent of one thousand pounds and if for ten years then to the extent of two thousand pounds Provided further that no annuity shall be so pro- tected as aforesaid unless the payments made on account thereof shall have been made at annual or more frequent intervals during a period of not less than six years or unless purchased more than six years prior to the commencement of the annuity and such annuity shall not exceed the sum of one hundred and four pounds per annum. Association to 5. The general business of the Association shall (subject to the said duit'e"ma'^n^"^' by-laws and to the lawful control of the meetings of the Association mentofdirec- duly Convened in pursuance thereof) be under the immediate mauage- *""■ ment and superintendence of a board of directors and the directors Who are to have for the time being shall have the custody of the common seal of the custody of seal j^ggQcJation and the form thereof with power to break alter and change the same from time to time and all other matters relating thereto shall from time to time be determined by the said board and the directors present at a board shall have power to use such common seal for the affairs of the said Association and to affix the same to any deed or document and under such seal either by letter of attorney or otherwise to authorize any person or persons to execute without such seal policies deeds and contracts and to do all such other things as may be required to be done on behalf of the said Association in con- formity with the provisions of this Act and of the said by-laws and it shall not be necessary to affix the said seal to any policy or to use it in respect of any of the ordinary business of the said Association or for the appointment of any attorney for the prosecution or defence of any action suit or proceeding. MUTUAL LIFE ASSOCIATION OP AUSTEALASIA. 785 6. The present directors of the said Association namely the Honor- 36 Victokia. able Samuel DeaneG-ordon JohnBayleyDarvall Henry Ealph Francis present dirco- John Frazer Esquires Morris Birkbeck Pell Alexander Haywood to'con°Hnu^untii Eichardson and George "Wigram Allen Esquires shall be the directors changed under and the present officers shall be the officers of the said Association ''y-^*™- until they or any of them shall retire or be changed or shall otherwise cease to be such directors or officers in pursuance of the said by-laws. 7. Within six weeks after the passing of this Act the board shall By-laws to be convene by not less than three weeks notice by advertisement in at members within least three consecutive numbers of two or more of the Sydney news- six weeks after papers a meeting of the Association and shall submit for the approval a^!"^ ° of such meeting the by-laws proposed for the future conduct of the affairs of the Association in which by-laws provision shall be made respecting the following matters that is to say the number change retirement election and appointment of directors auditors and other officers the meetings of the Association the investment of its funds for the periodical valuation of the assets and liabilities of the Asso- ciation the formation of a guarantee fund the division and appro- priation of profits amongst the members the mode of altering or repealing the by-laws and of making others and generally the efficient management of the affairs and business of the Association and at such meeting or at some adjournment thereof the by-laws shall be approved of by a majority of the votes at such meeting each member present in person or by proxy being reckoned as having one vote only unless three members personally present shall require the voting to be according to the following scale that is to say every member whose life is assured for or who contributes for an endowment of one hundred pounds having one vote and every additional one hundred pounds giving an additional vote every member subscribing for or receiving an annuity of five pounds having one vote and every addi- tional five pounds of annuity giving another vote but no member shall be entitled to more than ten votes in all and no minor shall be entitled to vote and any member may by a writing signed by himself appoint any other member as his proxy to vote on his behalf at such meeting or at any adjournment thereof and thereupon within five And confirmed weeks and after the expiration of two weeks another meeting shall be ^^i^infiveweeka convened for the purpose of confirming and finally passing such by- laws but which shall not be so passed except by the like majority of votes as aforesaid and upon such by-laws being so finally passed the same shall be deemed and considered to be and shall be the by-laws for the time-being of the Association 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 incompatible with or repugnant to any of the provisions of this Act. 8. A copy of the said by-laws proved to be such by the solemn By-iaws to be declaration of the secretary shall be registered in the Office for the oa'^'T''^ • Eegistry of Deeds at Sydney and shall be open at all reasonable trj-cfiDe'eds.^ " times to the public and the said by-laws shall not be in force till so registered. 9. The by-laws of the Association or any of them may from time to Powers to alter time be altered or repealed and new by-laws may be made in accord- fOTs"^^"' ^^' ance with any provision in the then existing by-laws Provided that every alteration or repeal of any by-law and every new by-law shall be first approved of by two-thirds of the votes at a meeting of the 3o 786 MUTUAL LIPE ASSOCIATION OF AUSTEALASIA. Evidence of by- laws. Interest of meni' bers how far not Life assurances endowments. 36 VicTOBiA. Society convened for the purpose and shall be finally passed by a like majority of votes at another meeting also convened for the purpose (the votes at every such meeting being taken according to the method prescribed in the eighth section of this Act) but no by-law shall be made by the saijd Association in opposition to the general scope or true intent and meaning of this Act. 10. The production of a written or printed copy of the by-laws of the Association having the common seal of the Association affixed thereto shall be sufficient evidence in any Court of civil or criminal jurisdiction of such by-laws and the production of a minute-book of the Association containing a minute of the proceedings of any meeting of the members of the Association or at any meeting of the board of directors and purporting to be signed by some director therein represented as having presided as chairman at such meeting or having been present thereat shall be prima facie evidence in any court of civ3 or criminal jurisdiction that such meeting was held as therein repre- sented and of the proceedings thereof. 11. The property and interest of every member or of his personal subje^uo'sank- representatives in any policy or contract made or entered into bond rupt Laws. jide for the benefit of such member or his personal representatives or in the moneys payable under or in respect of such policy or contract (including every sum payable by way of bonus or profit) shall be exempt from liability to any law now or hereafter in force relating to bankruptcy or insolvency or to be seized or levied upon by the process of any Court whatever Provided that no poUcy or contract for a life assurance or endowment shall be so protected nor any con- tributions made towards the same until it shall have endured ior at least two years but that after an endurance of two years such protection shall be afforded to the extent of two hundred pounds of assurance or endowment and to the contributions made towards the same and after an endurance of five years to the extent of five hundred pounds and after an endurance of seven years to the extent of one thousand pounds and after an endurance of ten years to the extent of two thousand pounds and that no policy for providing an annuity nor the contributions made towards the same shall be protected until the payments made on behalf of such annuity shall have, extended over a period of six or more years or unless it shall have been purchased at a date more than six years prior to the commencement of the annuity and that such annuity shall not exceed the sum of one hundred and four pounds per annum Provided also that the protection hereby afforded shall in the case of an annuity accrue only to the benefit of the member himself and only to such part thereof as shall be payable after he shall have attained the age of fifty years and in the case of an endowment for the benefit of the nominee only and in the case of a life assurance for the benefit of the personal representatives only of the member and in no case for any assignee of the member. 12. All the funds investments and property for the time being of the Association and the estates and interests of the several members therein and all the profits and advantages thereof shall (as between the members) be deemed personal estate and be transmissible accord- ingly. 13. All the mortgaged and other lands securities covenants debts moneys choses in action and things at present vested in the directors of the Association or any other person or persons on behalf of the Association shall immediately after the passing of this Act become •All property of the Association to be personal estate. Property at ph sent in director &c. to become vested in Association. MTJTUAL LIPE ASSOCIATION OP AUSTEALA8IA. 787 vested in tlie Association hereby incorporated for the same estate and 36 Victoeia. interest and witli the like powers and authorities as the same are now vested in the said directors or other person or persons without any assignment or conveyance whatsoever. 14. It shall be lawful for the board of directors if satisfied that no Certain sums will was left by a deceased member and that no letters of administra- "preseirtativls tion of the goods of such deceased members will be taken out to pay of members any sum not exceeding one hundred pounds together with any sum Td^'ilistration. which may have been added thereto by way of bonus or profit to the widow or widower of such member or to or amongst his or her child or children or other person or persons appearing to the board to be entitled to the effects of the deceased without such letters being taken out. 15. Every summons or notice or writ or other proceeding at law or service of notice in equity requiring to be served upon the Association may be served on Association. by being left at the oifice of the Association in Sydney or given per- sonally to the secretary or in case there be no secretary then to any director of the Association and the place where the said office is situate and the names of the secretary managing or other directors of the Association shall be registered in the Ofiice for the Eegistry of Deeds in like manner as hereinbefore declared in respect of the by-laws and Names of secre- every change in such office and every new appointment of secretary ^'^^ Y"y, '^^'^^'^" managing or other directors shall forthwith be also registered in like cmrded in the manner and notice thereof given in the Government Gazette and Qg^gjarg" Office.. if the Association shall have suspended or discontinued business ser- vice of every such summons or notice or writ or other proceeding at law or in equity personally on the secretary or any director or on some person who was such secretary or director at the time of such suspension or discontinuance of business or by leaving the same in such last-mentioned case with some inmate at the usual abode of such secretary or director or late secretary or director shall be deemed good service of the same on the Association. 16. The Association or the board of directors shall not be bound Notice of assign- to notice the sale mortgage assignment or transfer by any member of ™™* °' p°''"'^'- his policy or of the benefit assured in terms thereof unless notice in writing signed by both the assignor or transferor and assignee or transferee in such sale mortgage assignment or transfer shall have been given to the secretary or other authorized officer within sixty days after the execution thereof. 17. That the Association shall not except so far as allowed by the Association not provisions of the by-laws for the time-being be bound in any manner ^°^^ ^y tmsts. by any trust or equitable interest or demand affecting any policy or contract granted to or effected by any person as the ostensible owner thereof or be required to take notice of any trust or equitable in- terest or demand but the receipt of the person or his representa- tives to- or by whom such policy or contract shall have been granted or effected shall notwithstanding such trust or equitable interest or demand and notice thereof to the Association be a valid and conclusive discharge to the Association in respect of any money payable by the Association in respect of such policy or contract and a transfer thereof in accordance with any provision in that behalf shall be binding and conclusive so far as may concern the Association against all persons whatever Provided that nothing herein contained shall affect the 788 MUTUAL LIFE ASSOCIATION OP AUSTEALASIA. 36 Victoria, power of a Court of Equity to retain or direct as the case may be the payment of any money payable by the Association in respect of any such policy or contract or the transfer thereof thereafter by any person or body other than the Association as such Court may think fit. Dissolution of 18. That in case a majority of not less than three-fourths of members Association. present at a general meeting of the Association specially convened for that purpose shall resolve that it is expedient to dissolve the Association the directors shall as soon as practicable cause a state- ment of the proposed mode of appropriation and distribution of the stock and funds of the Association to be made and to be certified to be an equitable mode by at least one actuary not personally interested in the Association and another general meeting shall then be convened and if the resolution of the previous meeting be then confirmed by a like majority the Association shall be dissolved and its affairs wound Amalgamation np with all Convenient speed And in case by a like majority o£ votes s!je or transfer ^-t g, like meeting it be resolved that it is expedient to dispose of the business. . property and business of the Association or of any branch thereof or to amalgamate the same with any other Association Society or Company or to purchase the stock and business of any other Association Society or Company transacting similar business to that of this Association the directors shall cause a statement to be made of the effect of disposal amalgamation or purchase on the interests of the members of this Association (the same to be certified by at least one actuary not personally interested either in this Assiociation or in the other Associa- tion Society or Company as aforesaid) and then cause another meeting to be held for confirming or disallowing the said disposal amalgama- tion or purchase as the ease may be and if confirmed by the like majority the same shall be completed with all convenient speed but in the event of any member who may not have assented to such disposal ximalgamation or transfer at the meeting at which the same was con- firmed dissenting therefrom at any time before the date on which his Annual premium next after the date of such meeting shall have become ^ue or if he have no annual premium to pay then within twelve '.calendar months after the date of such meeting he shall be entitled to demand from the fund of whatever branch of the Association he may be a member the surrender value of his policy and the same shall be paid to him accordingly on his surrendering such policy. Act to be 19. This Act shall be deemed and taken to be a public Act and deemed a public aJja^ ^g judicially taken notice of as such by the Judges of the Supreme Court of New South Wales and by all other Judges Justices and others within the Colony of New South "Wales and its dependencies without being specially pleaded and the same whenever cited shall be sufficiently described as the " Mutual Life Association of Australasia Act." 789 NEYELL'S LEASING. An Act to enable Elizabeth Nevell and Joseph Nevell 40 Viotobu. interested under the Will of the late John Nevell to lease certain lands near Cudgegong in the Colony of New South Wales. [28 July, 1876.] \\7 HEEEAS John Nevell late of Carwell in the district of Mudgee Preamble. V T in the Colony of New South Wales farmer deceased duly made and executed his last will and testament in writing bearing date the twenty-third day of August one thousand eight hundred and fifty- one whereby the said testator devised all his real estate of whatsoever description and wheresoever the same might be situated to the use of his wife Elizabeth Nevell and her assigns for the term of her natural life for her sole and separate use and benefit freed from the debts con- trol or interference of any husband with whom she might thereafter intermarry And from and immediately after her decease As to all that parcel of land containing one thousand and twenty acres more or less situated in the county of lloxburgh in the Colony aforesaid known as Oakborough on the Cudgegong River purchased by the said testator from Edward Cox and coloured yellow on the plan to the said will annexed to the use of the said testator's son Joseph Nevell and his assigns for the term of his natural life without impeachment of waste And from and immediately after the decease of the said Joseph Nevell to the use of all and every the child and children of the said Joseph Nevell for ever with cross limitations of the shares original and accruing of each of them on his or her dying under the age of twenty- one years without leaving issue to the use of the survivors equally share and share alike as tenants in common And in the event of their being no child or children of the said Joseph Nevell who should attain the age of twenty-one years or die under that age without leaving lawful issue him or her surviving to the use of the said testator's right heirs for ever And whereas the said testator died on the eighth day of October one thousand eight hundred and fifty-four without having revoked or altered his said will And whereas valuable mines of quicksilver and ' other minerals and substances have been dis- covered within upon or under the said lands hereinbefore particularly mentioned or some of them And whereas it is greatly for the benefit of all the parties interested in the said lands that the said Elizabeth Nevell and Joseph Nevell should be empowered to grant leases of the said lands for long terms of years but no power to grant such leases is contained in the said will 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 as follows : — ■ 1. It shall be lawful for the said Elizabeth Nevell and .Joseph Nevell power to grant to grant leases by deed for any term of years not exceeding twenty- mining leases in one years of all or any part of the lands hereinbefore specifically men- devised lands, tioned and described (containing one thousand and twenty acres more or less) for the purposes of mining thereon and of all and every or any of the mines quarries veins strata leads quicksilver and all other minerals whatsoever unopened or opened in under or upon the said 790 NEWCASTLE COAL AND COPPER COMPANY. 40 YioTOBiA. lands together with any part of the same which may be thought neces- sary or convenient to be held for buildings roads or ways or other pur- poses with such mines or quarries together with full liberty and authority to search for work win take use and dispose of all such ores and minerals as shall be found therein and to sink and make such pits- shafts adits and mineral works as may be thought necessary or expedient and to erect and use any smelting refining or other furnaces or mills fire steam or other engines and machinery workmen's and other houses buildings sheds or other conreniences and to use all other lawful ways and means whatsoever not only for finding separating and cleansing- any of the said minerals but for converting any of them into a manu- factured condition and also to take and use sufficient ground-room heap-room and pit-room for placing or manufacturing any of the said minerals and for laying the waste refuse or rubbish to be from time to time produced from the said mines and quarries and also with free and full liberty to use or to make and use all proper and convenient railways tramways or other ways for the carriage of materials and articles to such mines or quarries and for the carriage and delivery of any of the said minerals with horses carts waggons and other carriages and generally upon such terms and with such stipulations as shall be reasonable usual or necessary for any of the purposes aforesaid so that in every such lease there be reserved and made payable the beat and most improved yearly rent dues duties tolls or royalties that can be reasonably obtained for the same without taking any fine premium or f oregif t for the grant- ing thereof and so as there be contained in every such lease proper and reasonable covenants and agreements by every such lessee for the due payment of such rent dues duties tolls or royalties thereby reserved and for the working and management of the said mines quarries and works and a power of re-entry for non-payment of such rents dues duties tolls or royalties and so as the respective lessees duly execute a dupli- cate or counterpart of such leases Provided however that no such lease shall be granted unless the terms and conditions thereof be settled and approved of by the Master in Equity who shall by memorandum under his hand determine what portion of the rent duties tolls and royalties payable under any such lease shall be reserved or invested and if invested in what manner from time to time for the use and benefit of the children of the said Joseph Nevell Provided that no greater portion of the said land than one hundred acres shall be the subject of any lease at any one time during such term of twenty-one years but that all the leases granted shall expire at the expiration of twenty-one years from the passing of this Act. Short title. 2. This Act shall be styled the " Nevell's Leasing Act of 1876." NEWCASTLE COAL AND COPPER COMPANY. 17 Victoria. An Act to incorporate the " Newcastle Coal and Copper Company" and for other purposes therein mentioned. [24 October, 1853.] Preamble. "YT/^HEEEAS a certain Joint Stock Company called the Newcastle V T Coal and Copper Company has been established in the Colony of New South Wales under and subject to the rules regulations and provisions contained in a certain deed of settlement bearing date the NEWCASTLE COAL AND COPPEE COMPANY. 791 first day of September one thousand eight hundred and fifty-three and 17 Victobia.; purporting to be a deed of settlement of the said Company And whereas by the said deed of settlement the several parties thereto have respectively and mutually covenanted and agreed that they and such other persons as should become proprietors in the said Company as therein provided should become a Company under the name of the Newcastle Coal and Copper Company for the purpose of smelting of copper or other metallic ores the manufacture of copper and yellow metal sheathing and bolts the preparation of copper or other metals for sale in any other manner or the purchase and sale of metallic ores without smelting or manufacture if the same shall at any time appear expedient also the working of the present coal-mines of the Company or any other coal-mines which shall be acquired by them hereafter by purchase or lease in manner hereinafter authorized as well for the use of the Company as for the purpose of sale and to enter upon and transact all other business incident or conducive to any of the purposes aforesaid and it was by the said deed of settlement agreed that the capital of the said Company should be one hundred thousand pounds to be contributed in four thousand shares of twenty-five pounds each and of such further sum or sums as should thereafter be raised by the creation and sale of new shares of like amount not exceeding the further sum of five hundred thousand pounds and it was further by the said deed of settlement agreed that after the original capital of one hundred thousand pounds should have been fully paid up but not sooner it should be lawful from time to time for a general meeting specially called for that purpose in manner therein mentioned to create such further and additional shares of twenty-five pounds each as should be deemed advisable but not exceeding five hundred thousand pounds inclusive of the original capital And whereas by the said deed of settle- ment provision has been made for the due management of the affairs of the said Company by certain directors then already appointed and by other directors to be from time to time elected and appointed as their successors by the shareholders of the said Company And whereas the said Company is desirous of being incorporated and it is expedient that the said Company 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 time company inoor- or times hereafter shall or may in the manner provided by and subject p°'''*'s'J- to the rules regulations and provisions contained in the said deed of settlement become proprietors of shares of or in the capital for the time being of the said Company shall subject nevertheless to the condi- tions regulations and provisions hereinafter contained be one body politic and corporate in name and deed by the name of the Newcastle Coal and Copper 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 and goods effects bills notes securities or other property of the said Company to be the money goods effects bills notes securities or other property of the said corporation and to designate the said Company 792 NEWCASTLE COAL AND COPPEE COMPANY. 17 VicTOEM, by its corporate name whenever for the purpose of an allegation of an intent to defraud or otherwise howsoever such designation shall he necessary and the said corporation shall have perpetual succession with a common seal which may be altered varied and changed from time to time at the pleasure of the said corporation. Deed of settle- 2. The several laws rules regulations clauses and agreements con- ° ° ™* ■ tained in the said deed of settlement or made or to be made under or by virtue or in pursuance thereof shall be deemed and considered to be 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 statutes now 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 sco.pe 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 pur- suance thereof shall be enrolled 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. Capital and 3. The capital or joint stock for the time being and all the funds peraonaity^ and property of the said corporation and the several shares therein and the profits and advantages to be derived therefrom shall be and be deemed personal estate and be transmissible accordingly subject " to the regulations of the said deed of settlement. Company not 4. The Corporation shall not be bound to see to the execution of th™xeoutfon*of ^^J trust whether express implied or constructive to which any of trusts. the said shares may be subject and the receipt of the party in whose name any such share shall stand in the books of the said corporation or if it stands in the names of more parties than one the receipt of one of the parties named in the register of shareholders shall from time to time be a sufficient discharge to the corporation for any dividend or other sum of money payable in respect of such share notwithstanding any trusts to which such shares may then be subject and whether or not the corporation have had notice of such trusts and the corporation shall not be bound to see to the application of the money paid upon such receipt. Power to take 5. All leases lands hereditaments mortgages agreements bonds and and hold lands, ^^j^gp securities f Or money whether assignable in law or not and which have heretofore been taken or shall or may at any time hereafter be taken in the name of the directors of the said Company or corporation or by or in the name of any person or persons or by or in the name or on behalf of or for or on account of the said Company or corpora- tion shall be and the same are and shall be vested in the said corpora- tion and may be put in suit and enforced sued for and prosecuted upon at law and in equity in the name of the said corporation and it shall be lawful for the said corporation notwithstanding any statute or law to the contrary to purchase take hold and enjoy to them and their successors for any estate term of years or interest and under license any houses offices buildings lands mines and other heredita- ments necessary or proper for the purpose of managing and conducting NEWCASTLE COAL AND COPPEE COMPANY. 793 and carrying on tte affairs concerns and business of the said corpora- 17 Victoeia. tion and to sell convey assign assure lease and otlierwise dispose of or act in respect of such houses offices buildings lands mines and other hereditaments as occasion may require. 6. It shall and may be lawful to and for all persons who are or conveyance to shall be otherwise competent so to do to demise grant sell alien convey ^^^ corporation, assure and dispose of unto and to the use of the said corporation and their successors for the purposes aforesaid any houses offices lands mines hereditaments and other real or personal estate whatsoever as aforesaid accordingly. 7. In any action or suit to be brought by the said corporation Actions or suits against any proprietor of any shares in the capital of the said corpo- '°' "*'''■ ration to recover any sum of money due and payable to the said corporation for or by reason of any call made by virtue of this Act or of the said deed of settlement or of any regulations or resolutions made or passed in pursuance of the said deed it shall be sufficient for the corporation to declare and allege that the defendant being a proprietor of such or so many shares in the capital of the said corpo- ration is indebted to the said corporation in such sum of money (as the call in arrears shall amount to) for such call of such sum of money upon such or so many shares belonging to the said defendant whereby an action hath accrued to the said corporation 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 making such call was a holder or proprietor of one or more share or shares in the capital of the said corporation 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 is directed by the said deed of settlement or by any regulations or resolutions made and passed in pursuance of the said deed and the said corporation shall thereupon be entitled to recover what shall appear due in respect of the said call or calls and interest thereon. 8. Nothing herein contained shall preiudice or be deemed to pre- Contracts &o. judiee any call made or any contract or other act deed matter or thing of settlement entered into made or done by the said Company prior to or under or be'ore Act. by virtue of the said deed of settlement before this Act shall come into operation but the same call contract act deed matter or thing shall be as valid and effectual to all intents and purposes as if this Act had not been passed and may be enforced in like manner as if the said Company had been incorporated before the same call contract act deed matter or thing had been made entered into or done. 9. The corporation shall keep a book to be called the Eegister of ^^K'ster of Shareholders and in such book shall be fairly and distinctly entered be'kept from time to time the names of the several corporations and the names and additions of the several persons entitled to shares in the corporation together with the number of shares to which such share- holders shall be respectively entitled distinguishing each share by its number and the amount of the subscriptions paid on such shares and the surnames or corporate names of the said shareholders shall be placed in alphabetical order and such book shall be authenticated by and authenti- the common seal of the corporation being affixed thereto and such ^mpa^nT's ram- authentication shall take place at the first yearly general meeting of moi seal. 794 NEWCASTLE COAL AND COPPEE COMPANY. Shareholders' address book to be kept. As to proof of being a share- holder. Execution against share- holders. 17 Victoria, tie said corporation whicli shall take place after tHe passing of this Act or at tlie next subsequent meeting of the corporation and so from time to time at each yearly general meeting of the corporation. 10. In addition to the said register of shareholders the corporation shall provide a book to be called " The Shareholders' Address Book " in which the secretary shall from time to time enter in alphabetical order the corporate names and places of business of the several shareholders of the Company being corporations and the surnames of the several other shareholders with their respective christian names places of abode and description so far as the same shall be knovm to the corporation and every shareholder or if such shareholder be a corporation the clerk or agent of such corporation or any person or persons having a judgment at law or a degree in equity against the said corporation may at all convenient times peruse such book gratis and may require a copy thereof or of any part thereof and for every one hundred words so required to be copied the Company may demand a sum not exceeding one shilling. 11. The production of the register of shareholders shall be prima facie evidence of the person named therein as a shareholder being a shareholder and of the number and amount of his shares. 12. If any execution either at law or in equity shall have been issued against the property or effects of the said corporation and if there cannot be found suificient corporate property whereon to levy such execution then such execution may be issued against any of the shareholders for the time being of the said corporation Provided always that no such execution shall issue against any such 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 in writing 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 up on their respective shares it shall be lawful to any person entitled to such execution at all reasonable times to inspect without fee the register of shareholders required by this Act to be kept in the office of the said corporation and so much of the share account of such share- holders as shall be sufficient to shew the amount of their respective Proviso as to shares so remaining to be paid up Provided that in the event of the limit of liability, assets of the said Company being insufficient to meet its engagements then and in that case the shareholders respectively shall be responsible to the amount of their siibscribed shares only in addition to such subscribed shares. 13. If by means of any such execution any shareholder shall have paid any sum of money beyond the amount then due from him in respect of calls he shall forthwith be reimbursed such additional sum .the directors out of the funds of the corporation. *^t"co°'^orateaeaf ■*■*■ '^^^ directors for the time being shall have the custody of the ' common seal of the said corporation 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 deed of settlement for the determination of other matters by the board of directors and the directors present at a board of directors of the said corporation shall have power to use such common seal for the affairs Reimbursement of shareholders. ]SrEWCASTLE CO-OPEEATITE STEAM-TUG COMPA]^^^. 795 and concerns of the said corporation and under sucl. seal to authorize 17 Victoeia. and empower any person with or without such seal to execute any deeds and do all or any such other matters and things as may be required to be executed and done on behalf of the said corporation in conformity with the provisions of the said deed of settlement and of this Act but it shall not be necessary to use the corporate seal in respect of any of the ordinary business of the said corporation or for the appointment of an attorney or soKcitor for the prosecution or defence of any action suit or proceeding. NEWCASTLE CO-OPEEATIVE STEAM-TUG COMPANY. An Act to incorporate tlie " Newcastle Co-operative si Victoria. Steam-tug Company." [2 September, 1867.] WHEREAS a Joint Stock Company called the Newcastle Co- Preamble, operative Steam-tug Company has been lately established at Newcastle in the Colony of New South "Wales under the provisions contained in a certain indenture bearing date the thirtieth day of September in the year of our Lord one thousand eight hundred and sixty-five purporting to be a deed of settlement of the said Company And whereas by the said deed of settlement the several parties thereto have respectively and mutually covenanted to be and continue until dissolved under the provisions in that behalf therein contained a joint stock Company or partnership under the name style and title oi the Newcastle Co-operative Steam-Tug Company for the purchase build- ing and employment of steam-tug boats for towing vessels into out of and within the port and harbour of Newcastle and the river Hunter in the said Colony of New South "Wales and for making and providing wharfs yards piers and landing-places for the reception of such steam- tug boats and for supplying the same with coals and for the erection of sheds oifices and workshops for carrying out the objects and business of the said Company And whereas it was by the said deed of settlement agreed that the capital of the said Company should consist of six thousand pounds to be contributed in six hundred shares of ten pounds each and of such further sum as might be thereafter raised by the issue and sale of new shares of the like amount 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 certain directors already appointed and by other directors to be from time to time elected and appointed as their successors by the share- holders 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 the Queen's Most Excellent Majesty by and with the advice and consent of the Legis- lative Council and Legislative Assembly of New South Wales in Parliament assembled and be the authority of the same as follows — 1. The following words and expressions in the Act shall have the interpretation several meanings hereby assigned to them unless there be something '''*"^^- in the subject or the context repugnant to such construction (that is to say) — 796 NEWCASTLE CO-OPEEATIVE STEAM-TUG COMPANY. 31 ViCTOEIA. The Company. The directors. Shareholder. Deed of settle- ment. Company incor- porated. Deed of settle- ment confirmed. Evidence of by- laws. Increase of capital. The expression " the Company " shall mean the Company incor- porated by this Act. The expression " the directors " shall mean the board of direc- tors of the Company duly appointed under the provisions of the deed of settlement of the Company. The word " shareholder " shall mean shareholder proprietor or member of the Company. The expression " deed of settlement " shall mean the deed of settlement of the Company and any addition to the same or any alteration or amendment thereof which may be made in pursuance of the provisions of the said deed. 2. Such persons as have already become or at any time hereafter shall become proprietors of shares in the capital for the time being of the said Company shall for the purpose aforesaid but subject never- theless to the provisions hereinafter contained be one body corporate by the name of the Newcastle Co-operative Steam-Tug Company and by that name shall and may sue any person or body corporate whether members of the said corporation or not And may be sued implead and be impleaded in all Courts whatsoever of law and equity And may prefer lay and persecute any indictment information and prose- cution against any person whomsoever for any crime and offence And in all indictments informations and prosecutions it shall be lawful to state the money goods bills notes securities or other property of the said Company to be the money goods bills notes securities or other property of the said Corporation and to designate the said Company by its corporate name whenever for the purpose of any allegation of an intent to defraud or otherwise such designation shall be necessary And the said corporation shall have perpetual succession with a common seal which may be changed from time to time at the pleasure of the said Corporation. 3. The several provisions and regulations contained in the said deed of settlement or to be made in pursuance thereof are 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 or re- pealed by or are or shall or may be inconsistent with or repugnant to any of the provisions of this Act or of any of the laws or statutes now or hereafter to be in force in the said Colony subject neverthe- less to be and the same may be altered and repealed either wholly or in part in the manner provided by the said deed of settlement But no rule or by-law shall be made by the said corporation under the said deed of settlement or this Act in opposition to the general scope or true intent and meaning of the said deed of settlement or this Act or of any of the laws or statutes in force for the time being in the said Colony. 4. The production of a written or printed copy of tho said deed of settlement or of any by-laws to be made in pursuance thereof or in pursuance of this Act having the common seal of the said corporation aiExed thereto shall be sufficient evidence in every Court of civil or criminal jurisdiction of such deed of settlement or of such by-laws. 5. It shall be lawful for the said corporation from time to time to increase its capital for the time being by the creation allotment and disposal of new shares in the manner specified and subject to the pro- visions contained in the said deed of settlement. NEWCASTLE CO-OPEEATIVE STEAM-TUG COMPANY, 797 6. The capital for the time being and all the funds and property 31 Victoria. of the said corporation and the several shares therein and the profits capital and to be deprived therefrom shall be and be deemed to be personal estate perg'^aity^ and be transmissible accordingly subject to the regulations of the said deed of settlement. 7. The said corporation shall not be bound by any trusts or equi- coi-poration not table interests or demands affecting any share or shares in the capital „ equitaWe'in-^ but the person in whose name such share shall stand in the books of the terests affecting corporation shall be taken to be the absolute owner to all intents and **'°^- purposes Provided always that nothing herein contained shall be deemed or taken to interfere with or abridge the power of a Court of Equity to restrain the payment of dividend or other money payable thereafter by the corporation in respect of any shares or the transfer thereafter of any such shares or to direct the payment of such dividend or other money 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. 8. It shall be lawful for the said corporation notwithstanding any Power to take law to the contrary to purchase in fee-simple or for any less estate or ^^_ ^"^^ '^"^ to take upon lease and for any person to convey to the said corpora- tion any suitable premises for the transaction of the business of the Company or to purchase land and erect thereon such buildings as may be necessary for such business and to let sell or exchange or otherwise dispose of any such land houses and premises and to cause the same to be assured accordingly. 9. No dividend or bonus shall in any case be declared or paid out Dividend from of the subscribed capital for the time being of the said corporation *•'' profits. or otherwise than out of the net profits thereof. 10. In any action or suit to be brought by the said corporation Actions or suita against any proprietor of any shares in the capital of the said cor- ^°' <==^'S' poration to recover any sum of money due and payable to the said corporation for or by reason of any instalment or call made by virtue of this Act or of the said deed of settlement it shall be sufficient for the said corporation to allege that the defendant being a proprietor of such or so many shares in the capital of the said corporation is in- debted to the said corporation in such sum of money (as the instal- ment or call in arrear shall amount to) for such instalment or call of such sum of money upon such or so many shares belonging to the said defendant whereby an action hath accrued to the said corpora- tion without setting forth any special matter and on the trial of such action or suit it shall not be necessary to prove how or in what manner such instalment or call became payable or any other matter except that the defendant was a proprietor of one or more share or shares in the capital of the said corporation and that such instalment or call was in fact due and that due notice thereof and of the time fixed for the payment thereof was given and the said corporation shall there- upon be entitled to recover what shall appear due. 11. The said corporation shall keep a book to be called the Share share Eegister Eegister Book and in such book shall be fairly and distinctly en- b° ^vidlnce of '" tered from time to time the names and additions of the several persons ownership. entitled or who shall from time to time hereafter become entitled to shares of the capital of the said corporation together with the number of shares to which such shareholders shall be respectively entitled and 798 JSTEWCASTLE CO-OPEEATIYE STEAM-TTJG COMPANY. 31 ViOTOEiA. such share register boot shall at all times be prima facie evidence to show who are the shareholders for the time being of the capital thereof and the number of shares held by each shareholder. Contracts &c. 12. Nothing herein contained shall prejudice any instalment or call settie'menfbe- ^^^ °'' ^^J contract Or other act deed matter or thing entered into fore Act. made or done by the said Company under or by virtue of the said deed of settlement before this Act shall come into operation but such instal- ment call contract act deed matter or thing shall be as valid and effect- ual to all intents and purposes as if this Act had not been passed and may be enforced in like manner as if the said Company had been incor- porated before such instalment or call became due or such contract act deed matter or thing had been made entered into or done. Liability of 13. In the event of the assets of the said corporation being at any 6 are o era. tjjjjg insuificient to meet its engagements the shareholders shall in addition to the amount of their subscribed shares in the capital of the said corporation be responsible to the extent only of a further sum equal to the amount of their said shares. wiien corporate 14. It shall not be necessary to use the corporate seal in respect of to^e^used?" ^^7 o^ ^^6 Ordinary business of the Company or for the appointment of an attorney or solicitor for the prosecution or defence of any action suit or proceeding or otherwise and any person duly authorized and empowered under the corporate seal may without such seal execute any deed and do all such other acts matters and things as may be required to be executed and done on behalf of the said corporation and in conformity with the deed of settlement and of this Act. Retirement and 15. The directors of the said Company appointed by the said deed directors? of settlement shall go out of ofS.ce in the manner provided by the said deed of settlement and vacancies in the board of directors shall be filled up at the times and in the manner provided by the said deed of settlement and the directors shall otherwise be subject to the several provisions therein in that behalf contained. Corporation may 16. It shall be lawful for the said corporation by any order of any tfonai^sum if" general meeting of the said corporation to borrow in addition to the nfrt ^a'' ^^ money which the said corporation are authorized to raise in extension of their capital as aforesaid any sum not exceeding at any time one- third of the amount of the capital of the said corporation then actually paid up upon such security as the said corporation can produce and the said corporation after an order shall have been made for that pur- pose by any general meeting are hereby authorized to assign the pro- perty of the said corporation as a security for any such sum of money to be borrowed as aforesaid with interest to such person or to his trustee as shall advance the same. Interest of 17. The interest of the money which shall be raised by mortgage as in°preference'to aforesaid shall be paid half-yearly to the several persons entitled thereto dividends. in preference to any interest or dividends due or payable by virtue of this Act to the said shareholders or any of them and shall from time to time be fully paid and discharged or provided for before the yearly or other interest or dividends due to the said shareholders or any of them shall be paid and discharged or provided for. siiort title. 18. This Act shall be styled and may be cited as the " Newcastle Co-operative Steam-tug Company's Act." 799 NEWCASTLE CHURCH LAND SALE. An Act to enable the Most Eeverend John Bede Folding 26 Tictobia. the Right Reverend Henry Gregory Gregory and the Very Reverend John Thomas Lynch as Trustees of certain Land situated in the City of Newcastle to sell the said Land and to provide for the appropria- tion of the proceeds thereof. [13 October, 1862.] WHEREAS by a deed of grant bearing date the second day of Preamble. August one thousand eight hundred and fifty-eight Her Majesty Queen Victoria did grant unto the said Most Reverend John Bede Folding the Right Reverend Henry G-regory Gregory and the Very Reverend John Thomas Lynch being respectively trustees nomi- nated and appointed under and by virtue of an Act of the Grovernor and Legislative Council of New South Wales made and passed in the seventh year of the reign of His late Majesty King William the Fourth intituled An Act to promote the building of Churches and Chapels and to provide for the maintenance of Ministers of Religion in New South Wales and to their heirs and assigns All that piece or parcel of land in the said Colony of New South Wales containing by admeasurement one rood seventeen perches be the same more or less situated in the county of Northumberland and parish of Newcastle city of Newcastle allotments numbers two hundred and seventy-six and two hundred and seventy -seven commencing at the north-westerly intersection of Hunter and Wolfe Streets and bounded thence on the south by Hunter-street westerly two chains and four links on the west by the east boundary line of allotment two hundred and seventy-eight northerly at right angles to Hunter-street one chain seventy-five links on the north by a line easterly parallel with Hunter-street two chains and four links to Wolfe-street and on the east by that street southerly one chain and seventy-five links to the point of commencement with all the rights and appurtenances whatsoever thereto belonging to hold unto them the said trustees their heirs and assigns for ever upon trust for the erection thereon of a Roman Catholic church or chapel in conformity with the provisions of the said Act And whereas all that piece or parcel of land situate in the city of Newcastle county of Northumberland and Colony of New South Wales commencing at a point on the west side of Wolfe- street bounded on the south by the railway fence bearing west about two chains ten links on the west by a line bearing north-easterly about eighty-five links on the north by a line bearing south-easterly to Wolfe- street about two chains three links and on the east by said street bear- ing south-westerly about thirty links to the point of commencement numbered fourteen and containing by admeasurement fourteen perches statute measure being portion of the parcel of land hereinbefore de- scribed has beenduly setout appropriated and taken for railway purposes An d whereas the remaining portion of the land so granted as aforesaid has been thereby rendered unsuitable for the purposes declared in the said recited grant and it is expedient that the said remaining portion should be sold and that the proceeds to arise from such sale should be applied in or towards the purchase of another piece of land in the said city of Newcastle as a site for the erection of a Roman Catholic church 800 NEWCASTLE GAS AND COKE COMPANY. 26 ViCTOEiA. thereon and for otier the purposes hereinafter mentioned Be it there- fore 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 : — M *to leii"''""' -*■■ •^**^®^ *^® passing of this Act it shall be lawful for the said Most Eeverend John Bede Folding Eight Eeverend Henry G-regory Gregory and Very Eeverend John Thomas Lynch as such trustees as aforesaid their heirs or assigns to sell and dispose of the said remaining portion of the land so granted as aforesaid by public auction or private contract and either in one lot or in several lots as they shall deem most expedient for such price or prices as can be reasonably had or obtained for the same and when sold to convey the same or any part or parts thereof to the purchaser or purchasers in fee-simple freed and discharged from the said trusts affecting the same and the receipt in writing of the said trustees their heirs or assigns shall absolutely discharge the purchaser or purchasers of the said land or any part or parts thereof from the purchase money payable by him or them respectively and shall exonerate him or them from seeing to the application of the said purchase money and from all liability as to the misapplication or non-application thereof. 2. The said trustees their heirs or assigns shall stand possessed of Application of all moneys arising from any and every sale or sales as aforesaid upon procee s. trust to apply the proceeds of such sale in or towards the purchase of another piece of land in the said city of Newcastle as a site for the erection of a Eoman Catholic church thereon and to apply the remain- der of the said moneys if any which shall not be required for the pur- poses aforesaid in or towards the erection of a Eoman Catholic church upon the land to be purchased as aforesaid And the receipts of any person or persons to whom any moneys shall be paid under the pro- visions of this Act shall be a valid and complete discharge to the said trustees their heirs or assigns for such moneys. NEWCASTLE (CITY OE) GAS AND COKE COMPANY'S INOORPOEATION. 30 VioTOEiA. An Act to incorporate the " City of Newcastle Gas and Coke Company (Limited)." [22 December, 1866.] Preamble. TTrZHEEEAS a Joint Stock Company called the City of New- VV castle G-as and Coke Company (Limited) has been lately established at Newcastle in the Colony of New South Wales under and subject to the rules regulations restrictions and provisions con- tained in a certain deed of settlement bearing date the eighteenth day of June in the year of our Lord one thousand eight liundred and sixty-six purporting to be the deed of settlement of the said Company And whereas by the said deed of settlement the several parties thereto have respectively and mutually covenanted and agreed that they whilst holding shares in the said Company should be and con- tinue until dissolved under the provisions in that behalf therein contained a joint stock Company or partnership under the name and style of the City of Newcastle G-as and Coke Company (Limited) for NEWCASTLE GAS AND COKE COMPANY. 801 the purpose of creating and establishing and exercising a business for 30 Victoeia. the purpose of producing inflammable air or gas from coal oil tar pitcb or otter material and for lighting and supplying with gas all public and private places roads streets and buildings within the town of Newcastle and suburbs and also for manufacturing selling and disposing of all and every product refuse and residuum to be obtained from the material used by the said Company in such business and for the said purposes to purchase or lease lands offices and buildings and make erect sink lay place and fix such retorts gasometers meters receivers cisterns engines machines cuts drains sewers watercourses pipes reservoirs and buildings of such construction and in such manner as shall be deemed necessary and proper for the purpose of carrying the objects of the said Company into execution And whereas by the said deed of settlement it was further agreed that the capital of the said Company should consist of ten thousand pounds to be contributed in five thousand shares of two pounds each and of such further sum or sums to be raised by the creation allotment and sale of new shares of the like amount as therein provided And whereas by the said deed of settlement provision has been made for the payment of dividends and bonuses and for the disposal and application of the profits and also for the due management of the affairs of the said Company And whereas the said Company is desirous of being incorporated and it is expedient that it should be incorporated accordingly but subject to the provisions hereinafter contained Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows : — 1. Such and so many persons as have already become or may in the Company incor- manner provided by and subject to the rules regulations and provisions P'"^'^''- contained in the deed of settlement become proprietors of shares of or in the capital for the time being of the said Company shall for the purposes aforesaid but subject nevertheless to the conditions restric- tions regulations and provisions hereinafter contained be one body politic and corporate in name and in deed by the name of the City of Newcastle Gas and Coke Company (Limited) and by that name shall and may sue any person or persons body or bodies politic or corporate whether a member or members of the said corporation or not and may sue and be sued implead and be impleaded in all Courts whatsoever at law or in equity and may prefer lay or prosecute any indictment iilformation and prosecution against any person or persons whomsoever for any stealing embezzlement fraud forgery crime or offence and in all indictments informations and prosecutions it shall be lawful to state the money and goods effects bills notes securities or other property of the said Company to be the money goods effects bills notes securities or other property of the said corporation and to designate the said Company or copartnership by its corporate name whenever for the purpose of any allegation of any intent to defraud or otherwise howsoever such designation shall be necessary and the said corporation shall have perpetual succession with a common seal which 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 con- Deed of setue- tained in the said deed of settlement or to be made under or by virtue "™* confirmed 3e 802 NEWCASTLE GAS AND COKE COMPANY. Increase o! capital. Capital and shares to be personalty. Trusts or equit- able interests affecting shares. 30 Victoria, or in pursuance thereof shall be deemed and considered to be 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 be or may be altered varied or repealed by or are or shall be or may be inconsistent or in- compatible with or repugnant to any of the provisions of this Act or of any of the laws or statutes 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 in the said Colony. 3. It shall be lawful for the said corporation from time to time to extend or increase its capital for the time being by the creation and disposal of new shares in the manner specified and set forth and subject to the rules regulations and provisions contained in the said deed of settlement. 4. The capital or joint stock for the time being and all the funds and property of the said corporation and the several shares therein and the profits and advantages to be derived therefrom shall be and be deemed to be personal estate and be transmissible accordingly subject to the regulations of the said deed of settlement. 5. The corporation shall not be bound in any manner by any trusts or equitable interests or demands affecting any shares of the capital standing in the name of any person as the ostensible proprietor thereof or be required to take any notice of such trusts or equitable interests or demands but the receipt of the person in whose name the shares shall stand in the books of the said 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 corporation for or in respect of any dividend or for money payable by the said corporation in respect of such shares and a transfer of the said shares in accordance with the regulations in that behalf contained in the said deed of settlement by the person in whose name such shares shall so stand shall notwithstanding as aforesaid be binding and con- clusive as far as may concern the said corporation against all persons claiming by virtue of such trusts or equitable interests or demands Provided always that nothing herein 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 corporation in respect of any such shares or the transfer thereafter of any such shares or to direct the payment of such dividends or other money 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 any statute or law to the contrary notwithstanding to purchase take hold and enjoy to them and their successors for any estate term or interest all such houses offices buildings lands and hereditaments as may be necessary or proper for the purpose of managing and conducting and carrying on tlieaffairs concerns and business of the said corporation and to sell convey assign assure lease and otherwise dispose of or act in respect of such houses offices buildings lands and nereditaments as occasion may require for the purposes of the said corporation. Power to hold lands. NEWCASTLE GAS AND COKE COMPANY. 803 7. It shall be lawful for all persons -wlio are or shall be otherwise 30 ■Viotokla. competent so to do to grant sell alien convey demise assign and dispose conveyance to of unto and to the use of the said corporation and their successors for "^^ Corporation the purposes aforesaid or any of them any such houses offices lands hereditaments and other real estate whatsoever as aforesaid accordingly. 8. No dividend or bonus shall in any case be declared or paid out of ■'i"''^™flj"™ the subscribers' capital for the time being of the said Company or ^ ^™ othervsdse than out of the declared surplus capital net gains and profits of the business. 9. In any action or suit to be brought by the said corporation Actions or suits against any proprietor of any shares in the capital of the said corpo- ration to recover any sum of money due and payable to the said cor- poration for or by reason of any call or the arrears thereof made by virtue of this Act or of the said deed of settlement it shall be sufficient for the corporation to declare and allege that the defendant being the proprietor of such or so many shares in the capital of the said cor- poration is indebted to the said corporation in such sum of money (as the call in arrears shall amount to) for such call of such sum of money upon such share or so many shares belonging to the said defendant whereby an action hath accrued to the said corporation 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 directors who made such call or any other matter except that the defendant at the time of making such call was a holder or proprietor of one or more share or shares in the capital of the said corporation and that such call or calls was or were in fact made and such notice thereof and of the time fixed for the payment thereof given as directed by the said deed of settlement and the said corporation shall thereupon be entitled to recover what shall appear due upon each call with interest thereon. 10. The share register of the said Company shall at all times be share register prima facie evidence to show who are the proprietors for the time being ownership™"^ ° of the capital thereof and the number and amount of shares held by each proprietor. 11. Nothing herein contained shall prejudice or be deemed to pre- Contracts &e. judice any call made or any compact {a) or other act deed matter or thing of settlement entered into made or done by the said Company prior or under or by "^^^"^^ Act. virtue of the said deed of settlement before this Act shall come into operation but the same call contract act deed matter or thing shall be as valid and effectual to all intents and purposes as if this Act had not heen passed and may be enforced in like manner as if the said Com- pany had been incorporated before the said call contract act deed matter or thing had been entered into and done. 12. In the event of the assets of the said Company being insufficient '^^*''''J'^j°' to meet its engagenients then and in that case the shareholders shaU. he responsible to the extent of twice the amount of their subscribed shares only (that is to say) for the amount subscribed and for a further additional amount equal thereto. 13. The directors for the time being shall have the custody of the 2?'ofco" orate common seal of the said corporation, and the form thereof and all seal. other matters relating thereto shall from time to time be determined by the board of directors in the same manner as is provided in and by the said deed of settlement for the determination of other matters by the board of directors and the directors present at a board of (a) Query : Contract. 804 NEWCASTLE GAS AND COKE COMPANY. Eetirement and election of directors. Power to borrow money on mort- tcage or deben- ture. 30 Victoria, directors of the said corporation shall have power to use such common seal for the affairs and concerns of the said corporation and under such seal to authorize and empower any person without such seal to execute any deeds and to do all or any such other matters and things as may be required to be executed and done on behalf of the said corporation in conformity with the provisions of the said deed of settlement and of this Act but it shall not be necessary to use the said seal in respect of any of the ordinary business of the said corporation or for the appointment of an attorney or solicitor for the prosecution of any action suit or proceeding. 14. The directors of the said corporation appointed under the said deed of settlement shall go out of office in the manner provided by the deed of settlement and vacancies in the board of directors shall be filled up at the times and in the manner provided by the said deed of settlement and shall otherwise be subject to the several provisions therein in that behalf contained. 15. It shall and may be lawful for the directors of the said cor- poration in pursuance of a resolution to that effect to be passed at any special general meeting of the shareholders to be called for the pur- pose from time to time to borrow upon mortgage of the property of the said corporation or upon debentures chargeable on such property issued under the hands of -any two of the directors named in such resolution any sum or sums of money not exceeding in the whole an amount equal to the paid-up capital of the Company Provided always that the shareholders present at any such meeting either in person or by proxy specially given for the occasion shall hold shares representing not less than one-third of the paid-up capital of the Company. 16. The said corporation is hereby fully authorized and empowered by its servants contractors agents workmen and others from time to time to make erect sink lay place and fit such retorts gasometers meters receivers cisterns engines machines cuts drains sewers water- courses pipes reservoirs buildings and other works and devices of such construction and in such manner as the said corporation shall think necessary or proper for the purpose of carrying out the operations of the said corporation and also to break up the soil and pavement of any highway street road way lane passage or other public place or thoroughfare or of any road way thoroughfare or place dedicated to or used by the public as such or any part or parts thereof and to erect posts pillars lamps lamp-irons and other apparatus in the same high- ways streets roads ways lanes passages and other thoroughfares and places against any wall or walls erected on or adjoining to any of them and to dig and sink trenches and drains and to lay mains and pipes and put stop-cocks siphons plugs or branches from such mains or pipes in under across or along such highways streets roads ways lanes pas- sages and other thoroughfares and places and also with such consent as hereinafter mentioned to do the like in under across or along any private roads ways lanes passages buildings and places And from time to time to cut stop remove alter repair replace and relay such main-pipes stop-cocks siphons plugs branches or other apparatus Provided always that nothing herein contained shall be deemed to authorize the said corporation its contractors agents or workmen to enter into or upon any private lands buildings or places for any of the purposes aforesaid or thereon to carry out any of the operations of the said corporation without the previous consent of the occupiers thereof. Power to erect gasometers break up roads streets &c. NEWCASTLE GAS AND COKE COMPANY. 805 17. It shall be lawful for the said corporation to contract with any 30 Victoria. persons (whether incorporate or individual) for supplying with gas To make con- any such person or persons or any streets ways lanes passages manu- tracts lor supply factories shops warehouses public or private houses buildings and places and for such purpose from time to time to lay down carry fit up connect and furnish any pipe branch or burner lamp meter or other apparatus from or in connection with any main-pipe or to lay down any new main which for such purposes may be required Provided always that in all cases (where it is not otherwise expressly stipulated and agreed) the said corporation its contractors workmen or agents shall at its own expense on the expiration or determination of any tenancy of any occupier so giving consent as aforesaid or on non-pay- ment of the sums payable by the owner or occupier of any building tenement or place for gas supplied thereto at any time within twelve months from such expiration determination or default or within four- Compensation to teen days after notice in writing for that purpose from or on behalf premises.' of the owner or succeeding occupier of such building tenement or place shall have been received by the said corporation enter into and upon such building tenement or place and remove take and carry away or cause to be removed taken or carried away any pipe burner lamp meter or apparatus which shall have been placed and introduced by the said corporation therein and repair and make good such portions of such building tenement or place as may be damaged or defaced by such removal And in case the said corporation shall neglect so to do for fourteen days after receipt of such notice it shall be lawful for such owner or succeeding occupier (provided free and reasonable access has been given to the agents servants and workmen of the said corporation for the purpose aforesaid) to remove or cause to be removed all such pipes burners lamps meters or apparatus and to repair and make good the damages and defacements to the said building tenements or place caused thereby the reasonable costs and charges attending which shall immediately be paid by the said corpora- tion to the owner or occupier making such repairs as aforesaid and in default of such sum being paid by the said corporation within three days after demand thereof in writing made at the offices of the said corporation it shall be lawful for the said owner or occupier or his or her agent to make complaint thereof before any Justice who may cause a summons to be issued in the usual form calling on the said corporation to shew cause before the nearest Court of Petty Sessions of the police district in which such building tenement or place is situated why such demand has not been satisfied And if the said How determined corporation fails to shew cause accordingly it shall be lawful for the sitting Justices to order or award payment of the demand or any part thereof to such complainant together with such costs and satisfaction for his expense and trouble as to them may seem meet and such order or award to enforce by distress Provided also that if any ovnier or occupier of any building tenement or place or any person acting for him shall refuse reasonable access to the contractors agents workmen or servants of the said corporation for the purpose of removing any such pipe burner meter or apparatus placed or intro- duced into any such building tenement or place by the said corporation or shall prevent or obstruct such removal then the said owner occupier or person acting for him shall immediately make payment to the said corporation for such pipe burner meter or apparatus. And in default of his so doing within three days after demand thereof made at the 806 NEWCASTLE GAS AND COKE COMPANY. 30 Victoria, said building tenement or place or the residence of the party it shall be lawful for the said corporation to mate complaint thereof before any Justice of the Peace who may cause to be issued a summons to the person so making default calling on him to shew cause before the Court of Petty Sessions of the police district where the building tenements or place is situated why he refuses to pay such demand And thereupon the said Court shall proceed to the adjudication and enforcement of such demand in the manner in this clause set forth And if any person shall place or lay any pipe to communicate with any main-pipe meter or other apparatus already laid placed or erected by the said corporation or shall use additional burners or burners of larger dimensions or of other kind or description than that he has contracted to pay for or shall supply any person with any of the gas supplied to him by the said corporation without the consent in writing of the said corporation first obtained or if any person shall wantonly •or maliciously hinder or interrupt the contractors workmen agents or servants of the said corporation in legally doing or performing any of the works aforesaid or in exercising the powers and authorities by this Act given or if any person shall wilfully negligently or accidentally do or cause to be done any injury or damage to any of the buildings machinery pipes burners lamps meters or apparatus of the said corpo- ration or remove the same or cause a waste or improper use of gas supplied by the said corporation it shall be lawful for the said cor- poration to make complaint thereof before any Justice of the Peace who may cause to be issued a summons to the person so offending to appear before the Court of Petty Sessions of the police district where such offence shall be committed and being thereof lawfully convicted such person shall forfeit and pay to the said corporation any sum not exceeding five pounds over and above all damages done and over and above all costs to be ascertained by such Court and to be enforced in the manner in this clause before set forth And all proceedings under this Act not herein expressly provided for shall be regulated and conducted in accordance with the powers of the law in force for the time being respecting summary proceedings before Justices of the Peace and all such provisions shall so far as the same are applicable be enforced and observed in all proceedings under this Act not herein expressly provided for. Materials of 18. When and so often as the said corporation its contractors uiTto be' ^""^^'^ agents or workmen shall have broken up or removed any pavement replaced. stone or other material of any highway road street way lane passage or other public place or thoroughfare or of any road way thorough- fare or place dedicated to or used by the public as such the said corpo- ration shall make all reasonable despatch in performance of the work to be done and shall on completion of such work forthwith carry away all rubbish and waste or surplus material and to reinstate each pave- ment stone or other material and render such highway road street way lane passage or other place as nearly as possible in the same condition as it was in previously to the disturbance thereof And during the continuance of such work and until such reinstatement to set up barriers and keep lamps or fires burning at night in order to prevent accidents And also when and so often as any gas pitch waste liquid or other things shall escape or flow from any pipe receiver or drain so as to contaminate the air or water and render the same unhealthy or offensive it shall be la-wf ul for any person to give notice thereof in writing to the said corporation who shall immediately take the most NEWCASTLE aAS AND COKE COMPANY. 807 speedy and effectual measures to remedy and prevent the same And 30 Victokia. if the said corporation shall make default in any of the matters so required by it to be performed it shall be lawful for any person to lodge complaint thereof before any Justice of the Peace who may summon the said corporation before the nearest Court of Petty Sessions and on proof of such default the said Court of Petty Sessions shall order and direct that the same shall be done by the said corpora- tion within a reasonable time to be named by such Court and in default of compliance with such order any Justice of the Peace on proof thereof and on proof that the complainant or any other person has performed the said work so to be done and of the costs charges and expenses attending the same shall issue a distress warrant against the goods and chattels of the said corporation for any amount not exceeding the said charges and expenses and the costs of prosecuting such complaint to be paid to the person performing the said work as aforesaid. 19. And in case any body or bodies corporate commissioners trustees Remedy for the surveyors or any other person or persons who shall contract with the rent™'^''' °' said corporation or agree to take or shall take or use and enjoy the gas of the said corporation either in private dwellings shops inns taverns or other buildings or manufactories grounds or premises or otherwise shall refuse or neglect for the space of twenty-one days after demand to pay the sum or sums of money then due under their his or her contract for the same to the said corporation according to the terms and stipulations of the said respective parties with the said cor- poration it shall be lawful for the said corporation to make complaint thereof before any Justice of the Peace who may issue a summons to the party so refusing or neglecting to pay as aforesaid calling on him to show cause before the Court of Petty Sessions in the police district in which such building tenement or place is situated why he refuses to pay such sum or sums And thereupon the said Court shall proceed to the adjudication and enforcement of the said demands and costs charges and expenses incurred in the prosecution thereof by distress and sale of the goods and chattels of the person so neglecting or refusing to pay the sam.e rendering the surplus if any to such person or persons so neglecting or refusing And it shall also be lawful for the said corporation to cut off and take away the supply of gas from the house or houses inn tavern shop manufactory warehouse or other buildings premises or places of every such person so making default in payment of such sum or sums of money then due by his her or their contract to the said corporation for the space of twenty-one days after such demand as aforesaid and thenceforth to discontinue the supply of gas contracted for with the said corporation by such person or persons. 20. Any person may appeal from the judgment or conviction of the Appeal, said Court of Petty Sessions under this Act in the form and manner set forth in the Act of Council fifth "William Fourth number twenty- two. 21. Nothing in this Act contained shall be construed to prevent any indictment for person from indicting or otherwise proceeding against the said cor- ""isance. poration for nuisance or otherwise in respect of the works or means used or employed by the said corporation in exercising the privileges hereby on it conferred nor shall anything herein contained limit restrict or in any manner affect the right of any municipality or of any a public Act. 808 NEWCASTLE GLEBE LEASING. 30 Victoria, other person or Company hereafter empowered by the Legislature to supply gas to the said city of Newcastle or to exercise any powers which it may be deemed expedient or necessary to grant for that purpose. Act to be deemed 22. This Act shall be deemed and taken to be a public Act and shall be taken judicial notice of as such by the Judges of the Supreme Court of New South "Wales and by all other Judges Justices and others within the Colony of New South Wales and its dependencies without being specially pleaded and the same whenever cited shall be sufficiently described as the " City of Newcastle Gas and Coke Company's Incorporation Act 1866." NEWCASTLE GLEBE LEASING. 41 vicTOBiA. An Act to enable the Trustees of the Glebe annexed to Christ Church Newcastle to dispose of the Coal in the Glebe land. [17 April, 1878.] Preamble. XTTHEEEAS by a grant under the hand and seal of His Excellency V T Sir William Thomas Denison Knight then Governor-General of New South Wales and its dependencies bearing date the fifteenth day of February in the year of our Lord one thousand eight hundred and fifty -nine Her Majesty did grant unto the Eight Reverend William Tyrrell Lord Bishop of Newcastle the Eeverend Charles Pleydell Neale Wilton Alexander Walker Scott Simon Kemp and George Tully being respectively trustees nominated and appointed under and by virtue of an Act of the Governor and Legislative Council of the said Colony of New South Wales made and passed in the eighth year of the reign of His late Majesty King William the Fourth intituled An Act to regulate the temporal affairs of Churches and Chapels of the United Church of England and Ireland in New South Wales and to their heirs and assigns subject to the trusts conditions reservations and provisoes thereinafter contained all that piece or parcel of land in the said Colony containing by admeasurement thirty-five acres be the same more or less situated in the county of Northumberland and parish of Newcastle at Mein's Hill commencing at the eastern corner being a point on the west boundary -line of A. W. Scott's four hundred and fifty-six acres distant eighty -five chains north from the south-west corner of that land and bounded thence on the south-east by a line dividing it from James Mitchell's nine hundred and fifty acres bearing south sixty -five degrees west thirty-five chains on the south-west by a line dividing it from James Mitchell's nine hundred and fifty acres aforesaid bearing west sixty-five degrees north ten chains and on the north-west by a line dividing it from the aforesaid nine hundred and fifty acres bearing north sixty-five degrees east thirty-five chains and on the north-east by a line bearing east sixty-five degrees south ten chains to the point of commencement to hold unto the said Eight Eeverend William Tyrrell the Lord Bishop of Newcastle the Eeverend Charles Pleydell Neale Wilton Alexander Walker Scott Simon Kemp and George Tully their heirs and assigns for ever upon trust for the appropriation thereof as the glebe annexed to the church of the United Church of England and Ireland erected at Newcastle and known as Christ Church in con- formity with the provisions of the said Act and of a certain other Act NEWCASTLE GLEBE LEASING. 809 of the Governor and Legislative Council of the said Colony made and 41 Victokia, passed in the seventh year of the reign of His said late Majesty King "William the Fourth intituled An Act to promote the building of Churches and Chapels and to provide for the maintenance of Ministers of Eeligion in New South Wales so far as the same might apply to the trusts of the said grant and for no other purpose whatsoever And whereas the Reverend Arthur Edward Selwyn Edward Parnell Henry Bayes Cotton Erederick Ash and Charles Frederick Stokes are the present trustees of the said lands having been duly nominated and appointed in accordance with the provisions of the said Act eighth William the Fourth number five and the said land is now duly vested in them And whereas the said grant was issued in pursuance of a promise of a grant made in or about the year one thousand eight hundred and thirty-three And whereas by a proclamation under the hand and seal of His Excellency Sir Charles Augustus Fitzroy the then Governor of New South Wales published in the Government Gazette of the twenty-ninth day of January one thousand eight hundred and fifty all reservations of mines of coal contained in grants of land issued during the respective reigns of their Majesties King George the Fourth King William the Fourth and Her present Majesty Queen Victoria were abandoned And whereas a reservation to the Crown of all coal- mines was by inadvertence inserted in the said recited grant of the fifteenth day of February one thousand eight hundred and fifty -nine And whereas on the thirty -first day of July one thousand eight hundred and seventy-seven there was endorsed on the said grant under the hand and seal of His Excellency Sir Hercules Eobinson the Governor of the said Colony a cancellation of the said reservation And whereas doubts have arisen whether such cancellation is valid And whereas there are certain veins strata and seams of coal in or under the said land which can now be advantageously disposed of but the trustees are advised that they cannot lease or sell the said veins strata and seams of coal without the authority of the Legislature And whereas it is expedient that the said trustees or other the trustees for the time being of the said land should be empowered to lease the said veins strata and seams of coal and to apply the proceeds in the manner hereinafter provided 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 reservation of coal and coal-mines and the right to search for Reservation of dig take and carry away the same contained in the said recited grant of ^rantotissa the fifteenth day of February one thousand eight hundred and fifty-nine cancelled. is hereby cancelled released and abandoned. 2. It shall be lawful for the said Eeverend Arthur Edward Selwyn Trustees Edward Parnell Henry Bayes Cotton Frederick Ash and Charles S^eToaf. '° Frederick Stokes or the persons being the trustees of the said land for the time being from time to time to demise by way of lease by deed or deeds for any term of years not exceeding ninety -nine years to take effect in possession all or any of the veins strata and seams of coal in one or more block or blocks in under or upon the .said land whether the same shall or shall not have been hitherto opened or worked together with all such liberties licenses powers and privileges for searching for or working the said veins strata and seams of coal and for getting and disposing of the said coal as to the person or persons for the time being 810 NEWCASTLE LEASING- AND IMPEOYING. Trastees may accept a sum in gross in lieu of royalty. 41 Victoria, exercising the power hereby given shall seem expedient so as there be reserved in every such lease the best rent or rents tolls duties royalties or reservations by the ton or otherwise that can be reasonably gotten and so as there be contained in every such lease a condition for re-entry for non-payment within a reasonable time to be therein specified of the rents tolls duties royalties or reservations thereby reserved and so as the lessee or lessees do execute a counterpart of every such lease and do thereby covenant -for the due payment of the rent or rents tolls duties royalties or reservations thereby reserved Provided that it shall be lawful for the said trustees or the trustees for the time being of the said land to accept the surrender from time to time of any such lease or leases on such terms as to them shall seem expedient. 3. Provided always that it shall be lawful for the said trustees or the trustees for the time being of the said land if they shall think it ex- pedient so to do to accept a sum in gross to be paid on the execution of the said lease or otherwise as shall be agreed upon in lieu of a rent royalty or tonnage for the said coal and the receipt of the said trustees shall absolutely discharge the lessee or purchaser of the said coal from the rent royalty or purchase money as the case may be and shall exone- him or them from seeing to the application of the same and from all liability as to the misapplication or non-application thereof. 4. The said trustees shall stand possessed of all moneys to be received moneys received. \,j them in respect of the said coal whether as rent tolls duties or royalties or a sum paid in gross for the purchase money of the said coal upon trust to apply the same in accordance with the provisions of the Act eight William Fourth number five intituled An Act to regulate the temporal affairs of Churches and Chapols of the United Church of England and Ireland in New South Wales as if the said moneys were the rents issues and profits of the said glebe land. 5. This Act may be cited in any instrument document or proceeding as the " Newcastle Grlebe Leasing Act of 1878." Appropriation of Short title. NEWCASTLE (BOEOUGH OE) LEASING AND IMPROVING. leasing and improving of city [16 December, 45 Victoria. An Act to authorize tlie properties in the City of Newcastle. 1881.] Preamble. "TTTHEREAS certain lands set forth in the Schedules hereto have W been dedicated for public purposes and the Borough Council of Newcastle appointed trustees thereof And whereas doubts exist as to the power of the said Borough Council to grant leases of or improve the various properties and it is expedient to remove such doubts 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 : — • Power to grant 1. It shall be lawful for the said Borough Council of the city of Newcastle to grant from time to time leases of the whole or any part of the aforesaid properties and to improve the same as the Council NEWCASTLE LEASING AND IMPEOVING. 811 may direct Provided tBat the said properties shall be let by public 45 Victoria. competition by way of auction or tender and no lease shall be granted for any term exceeding twenty-one years and that a reasonable yearly rent be reserved to the Council during the currency of the lease and all such leases shall contain the usual and ordinary covenants conditions and provisoes. 2. That all leases or lettings heretofore granted or made or pur- Conflrmation of porting to be granted or made by the said Borough Council shall be KngT^^^ "' and are hereby declared good and valid leases or lettings of the said lands. 3. All moneys arising from the said leases or hereafter to become Appropriation of payable to the said Council on account therefor or arising out of the ™™^y5- said properties shall be paid to the Treasurer of the Municipality of Newcastle and shall be placed by him to the general account of the said municipality for municipal purposes and used as general revenue of the said municipality and all moneys heretofore received by way of rents for the said properties and now in the hands of the said Council shall be paid and appropriated in like manner as moneys received by virtue of this Act. 4. This Act may be styled and cited as the " Borough of Newcastle short title. Leasing and Improving Act of 1881." SCHEDULES. SCHEDULE I. Description — M^arlcet Reserve. All that piece or parcel of land situate in the parish of Newcastle city of New- castle county of Northumberland and Colony of New South Wales containing by admeasurement (2a. Ir.) two acres and one rood Commencing on the northern side of King-street at a point distant two chains (2 0) easterly from its intersection with the eastern side of Wolfe-street and bounded thence on the south by King- street bearing easterly one chain on the east by the western boundary of allot- ment two hundred and seventy -five bearing northerly two chains (2 0) again on the south by the northern boundaries of that allotment and allotments two hundred and seventy-six and two hundred and seventy-seven in all bearing easterly three chains (3 0) on the west by the eastern boundary of the latter allotment bearing southerly two chains (2 0) to King-street again on the south by that street bearing easterly one chain (1 0) again on the east by the western boundaries of allotments ninety-seven ninety-eight ninety-nine one hundred and one hundred and two a line crossing Hunter-street and western boundary of allotment two hundred and fourteen in all bearing northerly seven chains (7) on the north by part of the southern boundary of allotment two hundred and five the southern boundaries of allotments two hundred and six and two hundred and seven a line crossing Market-street and the southern boundaries of allotments two hundred and eight and two hundred and nine in all bearing westerly five chains (5 0) and again on the west by the eastern boundary of allot- ment two hundred and thirteen a line crossing Hunter-street and the eastern boundaries of allotments one hundred and thirty-three one hundred and thirty- two one hundred and thirty-one one hundred and thirty and one hundred and twenty-eight in all bearing southerly seven chains (7) to the point of commence- ment Exclusively of Hunter-street passing through this land in an easterly direction and of Market-street from Hunter-street in a northerly direction the areas of which have been deducted from the total area. SCHEDULE 11. Description — Allotment Newcomen-street. All that piece or parcel of land situate in the parish of Newcastle city of New- castle county of Northumberland and Colony of New South Wales containing by admeasurement four perches ninety-one links part of allotment sixty-three Com- mencing at a point bearing south seven degrees west and distant ninety-one links 812. NEWCASTLE WALLSEND COAL COMPANY, 45 YlCTOBlA. from the intersection o£ the southern side of Hunter-street with, the eastern side of Newcomen-street and bounded thence on tlie west by Newcomen-street bearing south seven degrees west thirty links on the south and east by lines dividing it from the remainder of allotment sixty-three bearing south eighty-three (83) degrees east ninety-one links and thence north seven degrees east thirty links and on the north by part of the southern boundary of allotment sixty-one bearing north eighty-thi-ee degrees west ninety-one links to the point of commencement. SCHEDULE III. Description — Allotments Watt-st. All that piece or parcel of land situate in the parish of Newcastle city of New- castle county of Northumberland and Colony of New South Wales containing by admeasurement one rood and twelve perches allotment twenty-seven Commencing on the eastern side of Watt-street at the south-western corner of allotment twenty- two and bounded thence on the west by that street bearing southerly one chain seventy- eight links on the south by part of the northern boundary of allotment twenty-eight bearing easterly one chain fifty links on the east by the western boundary of allotment twenty-six bearing northerly one chain again on the south by part of the northern boundary of that allotment bearing easterly seventy-five links again on the east by part of the western boundary of allotment twenty-three bearing northerly seventy-eight links and on the north by the southern boundary of allotment twenty-two (22) aforesaid bearing westerly two chains twenty-five links to the point of commencement. SCHEDULE IV. Description— Boat Harbour Market Wharf, The Boat Harbour situate in the parish of Newcastle city of Newcastle county of Northumberland vested in the Council by Government Gazette notice dated twenty-fifth day of January one tliousand eight hundred and seventy-seven. SCHEDULE V. Description — Water Reserve Hunter-sireet. The Water Reserve Hunter-street situate in the parish of Newcastle city of New- castle county of Northumberland containing thirty-six (36) jierohes vested in the Council by Gazette notice, dated fifth June one thousand eight hundred and sixty- NEWCASTLE WALLSEND COAL COMPANY. 23 VicTOEiA. An Act to incorporate the " Newcastle Wallsend Coal Company." [6 Eebmary, I860.] Preamble. "rTTHEEEAS a Joint Stock Company called the Newcastle "Walla- W end Coal CompaBy has been lately established at Sydney in the Colony of Now South Wales under and subject to the rules regu- lations and provisions contained in a certain deed of settlement bearing date the twentieth day of January in the year of our Lord one thousand eight hundred and fifty-nine purporting to be a deed of settlement of the said Company And whereas by the said deed of settlement the several parties thereto have respectively and mutually covenanted and agreed that they whilst holding shares in the capital of the said Company should be and continue until dissolved under the pro- visions in that behalf therein containeda joint stock Company or partner- ship under the name and title of the Newcastle Wallsend Coal Com- pany for working the coal or other mines in or upon any land of which the said Company might from time to time be owners or lessees NEWCASTLE WALLSEND COAL COMPANY. 813 for the purchase or leasing of coal or other mineral lauds for follow- 23 Victoria. ing up and acting upon any trade or purpose mentioned in any regulations for the management or conduct of coal or other mines in the said Colony then promulgated or thereafter to be promulgated for purchasing the necessary machinery for working the said mines or for testing the mining capabilities of any land purchased or intended to be purchased by the Company or for draining any mines or any other purpose in connection therewith for exporting selling or otherwise disposing of all coal or other minerals to be raised from any land belonging to or leased by the said Company for disposing of the timber on any such land for leasing or selling any such lands and for constructing railways roads wharves and other matters necessary for the promotion of the objects of the said Company and it was by the game deed of settlement agreed that the capital of the said Company should consist of one hundred thousand pounds to be contributed in ten thousand shares of ten pounds each and of such further sum or sums as might thereafter be raised by the creation and sale of new shares of the like amount as therein provided And whereas by the said deed of settlement provision has been made for the due manage- ment of the affairs of the Company by certain directors already appointed and by other directors to be from time to time elected and appointed as their successors by the shareholders of the said Company And whereas the said Company is desirous of being incorporated and it is expedient that the said Company should be incorporated accordingly subject to the provisions hereinafter contained Ee 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. Such and so many persons as have already become or at any company incor- time or times hereafter shall and may in the manner provided by and PO''''*ed. subject to the rules regulations and provisions contained in the said deed of settlement become proprietors of shares of or in the capital for the time being of the said Company shall (subject nevertheless to the conditions regulations and jjrovisions hereinafter contained) be one body politic and Tiorporate in name and in deed by the name of the Newcastle Wallsend Coal 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 whom- soever 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 and goods effects bills notes securities or other property of the said Company to be the money goods effects bills notes seaurities or other property of the said corporation and to designate the said Company by its corporate name whenever for the purpose of any allegation of an intent to defraud or otherwise how- soever such designation shall be necessary and the said corporation shall have perpetual succession with a common seal which 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 con- Deed o( setOe- tained in the said deed of settlement or to be made under or by virtue "*"' confirmed. 814, 23 ViCTOEIA. Increase of capital. Capital and shares to be personalty. Trusts or equit- able interests affecting shares. Power to take and hold lands NEWCASTLE WALLSEND COAL COMPAISTT. or in pursuance thereof shall be deemed and considered to be 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 be 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 statutes now or hereafter to be in force in the said Colony but no rule or by-laws 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. 3. It shall be lawful for the. said corporation from time to time to extend or increase its capital for the time being by the creation and disposal of new shares in the manner specified and set forth and subject to the rules regulations and provisions contained in the herein- before in part recited deed of settlement. 4. The capital or joint stock for the time being and all the funds and property of the said corporation and the several shares therein and the profits and advantages to be derived therefrom shall be and be deemed personal estate and be transmissible accordingly subject to the regulations of the said deed of settlement. 5. The corporation shall not be bound in any manner by any trusts or equitable interests or demands affecting any shares of the capital standing in the name of any person as the ostensible proprietor thereof or be required to take any notice of such trusts or equitable interests or demands but the receipt of the person in whose name the shares shall stand in the books of the corporation shall notwithstand- ing such trusts or equitable interests or demands and notice thereof to the said corporation be a good valid and conclusive discharge to the corporation for or in respect of any dividend or other money payable by the said corporation in respect of such shares and a transfer of the said shares in accordance with the regulations in that behalf contained in the said deed of settlement T3y the person in whose name such shares shall so stand shall notwithstanding as aforesaid be binding and conclusive as far as may concern the said corporation 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 corporation in respect of any such shares or the transfer thereafter of any such shares or to direct the payment of such dividends or other money 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 notwithstanding any statute or law to the contrary to purchase take hold and enjoy to them and their successors for any estate term of years or interest and under license any coal or other mineral lands whatsoever and all such houses ofiices buildings and other lands and hereditaments as may be neces- sary or proper for the purpose of managing and conducting and carry- ing on the affairs concerns and business of the said corporation and to sell convey assign assure lease and otherwise dispose of or act in respect of such coal or other mineral lands houses offices buildings and other lands and hereditaments as occasion may require. NEWCASTLE "WALLSEND COAL COMPANY. 815 7. It shall and may be lawful to and for all persons wiio are or shall 23 Victoria. be otberwise competent so to do to grant sell alien and convey demise Conveyance to assign assure and dispose of unto and to the use of the said corpora- *^^ corporation, tion and their successors for the purposes aforesaid or any of them any such houses offices lands mines hereditaments and other real estate ■whatsoever as aforesaid accordingly. 8. No dividend or bonus shall in any case be declared or paid out of Dividendfrom the subscribed capital for the time being of the said Company or **'' v^o&ts. otherwise than out of the declared surplus capital net gains and profits of the business. 9. In any action or suit to be brought by the said corporation Actions or suits against any proprietor of any shares in the capital of the said corpora- ^°'^ ''*"^' tion to recover any sum of money due and payable to the said cor- poration for or by reason of any call made by virtue of this Act or of the said deed of settlement it shall be sufficient for the corporation to declare and allege that the defendant being a proprietor of such or so many shares in the capital of the said corporation is indebted to the said corporation in such sum of money (as the call in arrears shall amount to) for such call of such sum of money upon such or so many shares belonging to the said defendant whereby an action hath accrued to the said corporation 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 making such call was a holder or proprietor of one or more share or shares in the capital of the said corporation 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 is directed by the said deed of settlement and the said corporation shall thereupon be entitled to recover what shall appear due. 10. The share register of the said Company shall at all times be share register to prima facie evidence to shew who are the proprietors for the time o^n^ghl'p^ °' being of the capital thereof and the number of shares held by each proprietor. 11. Nothing hereiu contained shall prejudice or be deemed to preju- contracts &o. dice any call made or any contract or other act deed matter or thing ""settlement'' entered into made or done by the said Company prior to or under or before Act. by virtue of the said deed of settlement before this Act shall come into operation but the same call contract act deed matter or thing shall be as valid and effectual to all intents and purposes as if this Act had not been passed and may be enforced in like manner as if the said Company had been incorporated before the same call contract act deed matter or thing had been made entered into or done. 12. In the event of the assets of the corporation being insufficient Liability oi to meet its engagements the shareholders shall in addition to the shareholders. amount of their subscribed shares in the capital of the said corpora- tion be responsible to the extent only of a sum equal to the amount of their said shares. 13. The directors for the time being shall have the custody of the Custody and use common seal of the said corporation and the form thereof and all ''''=°''P°''''*''^^*'- 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 816 NEWCASTLE "WALLSEND COAL COMPANY. 23 Victoria, deed of settlement for the determination of other matters by the board of directors and the directors present at a board of directors of the said corporation shall have power to use such common seal for the affairs and concerns of the said corporation and under such seal to authorize and empower any person without such seal to execute any deeds and do all or 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 deed of settlement and of this Act but it shall not be necessary to use the corporate seal in respect of any of the ordinary business of the Company or for the appointment of an attorney or solicitor for the prosecution or defence of any action suit or proceeding. Retirement and 14. The directors and secretary of the said Company appointed by election o£ direo- ^-j^^ ^^:^^ deed of settlement shall go out of office at the general meeting of the shareholders of the said Company to be held in the month of January one thousand eight hundred and sixty and thereupon a new board of directors shall be elected of the number and in the manner provided by the said deed of settlement And thereafter the said board of directors shall be changed and all vacancies therein filled up at the times and in manner provided by the said deed of settlement. Power to borrow 15. It shall and may be lawful for the directors in pursuance of a deb'enturel'' ""^ resolution to that effect to be passed at special general meetings of the shareholders to be called for the purpose from time to time to borrow upon mortgage of the property of the Company or upon debentures chargeable thereon issued under the hands of any two of the directors named in such resolutions any sum or sums of money not exceeding in the whole an amount equal to one-half of the paid-up capital of the Company Provided always that the shareholders present at any such meeting either in person or by proxy specially given for the occasion shall hold shares representing not less than one-third of the paid-up capital of the Company. Actto be deemed 16. This Act shall be deemed and taken to be a public Act and shall a pu 10 c . ^g judicially taken notice of as such by the Judges of the Supreme Court of New South Wales and by all other Judges Justices and others within the Colony of New South Wales and its dependencies To be cited as without being specially pleaded and the same whenever cited shall be wan'se^d"Si"° sufficiently described as the " Newcastle Wallsend Coal Company's Company's Act." Incorporation Act 1859." Interpretation 17. And be it enacted that in this Act the following words shall '' ^""^ have the following meanings hereby assigned to them unless there be something in the subject or context repugnant to such construction (that is to say) words importing the plural number shall include the singular number and words importing the masculine gender shall include females and bodies corporate as well as individuals. 817 NEWCASTLE WALLSEND COAL COMPANY'S RAILWAY. An Act to enable certain persons carrying on business at 23 Victowa. Sydney nnder the name or style of the " Newcastle Wallsend Coal Company" to construct a railway from land near Newcastle belonging to them to and to connect the same with the Great Northern Rail- way. [12 June, I860.] "TTTHEEEAS certain persons trading in Sydney nnder tlie name Preamble. VV and style of tlie Newcastle Wallsend Coal Company have opened coal-mines and estabUslied collieries on a parcel of land situate near Newcastle in tie county of Northumberland and in order to facilitate communication between the said coal-mines and collieries and the G-reat Northern Railway are desirous of constructing a railway from their said coal-mines to the said Great Northern Eailway but as part of such proposed railway is intended to be made upon and pass through lands in the said county believed to be the property of Messrs. Cowper and Miller as trustees for Mrs. Brooks John "Whitehill Stevens Esquire the Crown and the Australian Agricultural Company respect- ively the same cannot be made without legislative authority And whereas the said coal-mines and collieries are likely to prove beneficial to the Colony and the public are concerned in promoting such an increase in and facilities for the supply of coal for local consumption steam navigation and export as would result from the construction of the said proposed railway and the traific on the Great Northern Eail- way would be increased thereby it is therefore desirable to authorize by legislative enactment the construction of the said railway subject to the provisions hereinafter contained upon payment of compensation to the several parties through whose lands the same shall pass for such portions of their respective lands as may be required to be occupied thereby Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice of the Legislative Council and Legis- lative Assembly of New South Wales in parliament assembled and by the authority of the same as follows : — • 1. It shall be lawful for the promoters to make and construct a Authority to railway from the northern boundary of. their said land unto and ^°"y and'connect through the land known as the grant to Messrs. Cowper and Miller same with Great as trustees for Mrs. Brooks unto and through land known as Weller's Northern Eaii- grant and now belonging or supposed to be belong to the said J. W. Stevens unto and through Crown land known as Commonage Eeserve unto and through land known as Piatt's grant now the property of the Australian Agricultural Company and terminating at a point four miles fifty-three and a half chains or thereabouts from Newcastle at such termination to effect a junction between the said line and the G-reat Northern Eailway in accordance with section ninety -nine of the G-overnment Railways Act of one thousand eight hundred and fifty- eight such railway to be in the line described in the. Schedule and as shown on the plan hereunto annexed but so that the same shall not occupy in any part thereof a greater space in breadth than ninety -nine Si 818 NEWCASTLE WALLSEND COAL COMPANY'S EAILWAT. 23 VicTOHiA. feet excepting at a creek on the Australian Agricultural Company's property at twenty-eigit chains from the junction with the Great Northern Eailway where the width will be one hundred and fifty feet including the supports abutments and foundations thereof Provided that the railway shall be coiistructed and brought into use within the term of five years from the passing of this Act and that the promoters in constructing and connecting the same with the G-reat Northern Railway shall do so in a proper and workmanliie manner and repair all damages caused by so doing. Site of railway 2. The ground and soil of so much of the site of the railway as in the'promoters passos over the lands of the said owners of land respectively and over ■without convey- Crown land together with such right of ingress egress and regress upon the adjacent land as may be necessary for the making and repair thereof shall be vested by virtue of this Act and without the necessity of any conveyance in the promoters for the purposes of the railway Provided that no lands vested in the Commissioner for Railways shall by virtue of this Act be vested in the Company Provided also that if the promoters their heirs and assigns shall cease to use the said rail- way for the space of one year at any one time the ground and soil shall revert to and become revested in the said owners and nothing herein contained shall prevent the said owners from carrying on any mining operations beneath the said railway which shall not interfere with the safety of the said road and the traffic thereon and the pro- moters shall have no further right to the soil of the said lands beneath the surface than shall be requisite for the formation and repair of the said road by cutting embanking or otherwise Provided also that if in the exercise of the powers hereby granted it be found necessary to cross cut through raise sink or use any part of any road whether car- riage-road or horse-road so as to render it impassable for or dangerous or inconvenient to the persons entitled to the use thereof the pro- moters shall before the commencement of any such operations cause a sufficient road to be made instead of any road interfered with and shall at their own expense maintain such substituted road in a state as convenient as the road interfered with or as nearly as may be and the promoters before they use the said land of the said owners of land respectively and the said Crown land for any of the purposes aforesaid shall if required so to do separate the same by a sufficient fence from the land adjoining thereto with such gates as may be required for the convenient occupation of such, land and shall also to all private roads used by them as aforesaid put up fences and gates in like manner in all cases where the same may be necessary to prevent the straying of cattle from or upon the lands traversed by such roads and in case of any diiference between the owners or occupiers of such roads and lands and the promoters as to the necessity for such fences and gates such fences and gates shall be put up by the promoters as any two Justices of the Peace shall deem necessary for the purposes aforesaid on application being made to them. Eailway open to 3. The railway and locomotives shall be open to public use upon the pubUo. payment of a toll to the promoters of three-pence per ton per mile the party seeking transit supplying and loading his own trucks or wagons and all trucks when emptied shall be conveyed on their return free of cost. Branch railways. 4. And be it enacted that it shall be lawful for the owners or occu- piers of the lands traversed by the said railway to lay down upon their NEWCASTLE WALLSEND COAL COMPANY'S EAILWAT. 819 own lands any collateral brandies of railway to communicate with the 23 Victoeia. said railway for the purpose of bringing carriages to or from or upon the said railway and the promoters shall if required at the expense of such owners or occupiers make openings in the rails and such additional lines of railway as may be necessary for effecting such communication in places where the communication can be made with safety to the public and without injury to the said railway and with- out inconvenience to the traffic thereupon and the promoters shall not take any rate or toll or other moneys for the passing of any passengers goods or other things along any branch so to be made by any such owner or occupier or other person but this enactment shall be subject to the following restrictions and conditions (that is to say) — No such railway shall run parallel to the said railway the promoters shall uot be bound to make any such openings in any place which they shall have set apart for any specific purpose with which such communication would interfere nor upon any inclined plane or bridge nor in any tunnel. The persons making or using such branch railway shall be subject to all by-laws and regulations of the promoters from time to time made with respect to passing upon or crossing the railway and otherwise and the persons making or using such branch railways shall be bound to construct and from time to time as need may require to renew the off-set plates and switches according to the most approved plan adopted by the promoters under the direction of their engineer. 5. Eor the purposes and subject to the provisions hereinafter con- poi-.-er to divert tained it shall be lawful for the promoters their deputies agents °"" *'*'"' '■°*^^- servants and workmen and all other persons by them authorized and empowered to divert or alter the course of any road or way crossing the railway or to raise or sink any road or way in order the more con- veniently to carry the same over or under or by the side of the railway. 6. If the promoters do not cause another sufficient road to be so penalty for not made before they interfere with any such existing road as aforesaid j"^d'''"*'°^ ^ they shall forfeit twenty pounds for every day during which such substituted road shall not be made after the existing road shall have been interrupted and such penalty shall be paid to the trustees commissioners surveyor or other persons having the management of such road if a public road and shall be applied for the purposes thereof or in case of a private road the same shall be paid to. the owner thereof and every such penalty shall be recoverable with costs by action in any of the superior Courts. 7. If in the course of making the railway the promoters shall Road repairs, use or interfere with any road they shall from time to time make good all damage done by them to such road and if any question shall arise as to the damage done to any such road by the promoters or as to the repair thereof by them such question shall be referred to the deter- mination of two Justices and such Justices may direct such repairs to be made in the state of such road in respect of damage done by pro- moters and within such period as they may think reasonable and may impose on the promoters for not carrying into effect such repairs any penalty not exceeding ten pounds per day as to such Justices shall seem fit and any such penalty shall be paid to the surveyor or other person having the management of the road interfered with by the promoters 820 NEWCASTLE WALLSEND COAL COMPANY'S EAILWAT. 23 VicTOBiA. if a putlic road and be applied for the purposes of suoli road or if a. private road the same shall be paid to the owner thereof Provided. always the said Justices shall have regard to and shall make full allowance for any tolls that may have been paid by the promoters on such road in the course of the using thereof. Bridges to be 8. If the line of railway cross any public highway or parish road where^KSwaT i-^i^n either such road shall be carried over the railway or tlie railway crosses highway, shall be carried over such road by means of a bridge of the height and width and with the ascent or descent by this Act in that behalf hereinafter provided and such bridge with the immediate approaches and all other necessary works connected therewith shall be executed by and be at all times thereafter maintained at the expense of the promoters Provided that with the consent of the Grovernor with the advice of the Executive Council it shall be lawful for the promoters to carry the railway across any highway on the level. Owners crossing. 9. Until the promoters shall have made the bridges or other proper communications which they shall under the provisions herein con- tained have been required to make between lands intersected by the railway and no longer the owners and occupiers of such lands and any other persons whose right-of-way shall be affected by the want of such communications and their respective servants may at all times freely pass and repass with carriages horses and other animals directly but not otherwise across any part of the railway made in or through their respective lands solely for the purpose of occupying the same lands, or for the exercise of such right-of-way and so as not to obstruct the passage along the railway or to damage the same nevertheless if the owner or occupier of any such lands have in his arrangements with, the promoters received or agreed to receive compensation for or on account of any such communications instead of the same being formed such owner or occupier or those claiming under him shall not be entitled so to cross the railway. Proviaionain 10. If the railway cross any public highway or parish road on a rMdsIre"?osBod level the promoters shall erect and at all times maintain good and on a level. sufficient gates across such road on each side of the railway where the same shall communicate therewith and shall employ proper persons to open and shut such gates and such gates shall be kept constantly closed across such roads on both sides of the railway except during the time when horses cattle carts or carriages passing along the same shall have to cross such railway and such gates shall be of such dimen- sions and so constructed as when closed to fence in the railway and prevent cattle or horses passing along the road from entering upon the railway and the person instructed with the care of such gates shall cause the same to be closed as soon as such horses cattle carts or car- riages shall have passed through the same under a penalty of forty shillings for every default therein Provided always that it shall be lawful for the Secretary for Public "Works in any case in which he shall be satisfied that it will bo more conducive to the public safety that the gates on any level crossing over any such road shall be kept closed across the railway to order that such gates shall be kept so closed instead of across the road and in such case such gates shall be Itept constantly closed acl-oss the railway except when engines or car- riages passing along the railway shall have occasion to cross such road in the same manner and under the like penalty as above directed with respect to the gates being kept closed across the road. :^EWCASTLE "WALLSEND COAL COMPANY'S EAILWAT. 821 11. In case of accidents or slips lia^jpening or being apprehended 23 Victoria. to the cuttings embankments or other works of the said railway it Power to enter shall be lawful for the promoters and their workmen and servants to Jlnd" to''repa?r ' enter upon the land adjoining thereto at any time whatsoever for the accidents subject purpose of repairing or preventing such accidents and to do such striotions". ^^' works as may be necessary for the purpose but in every such case the promoters shall within forty-eight hours after such entry make a re- port to the Secretary for Public "Works specifying the nature of such accident or apprehended accident and of the works necessary to be done and such powers shall cease and determine if the said Secretary shall after considering the said report certify that their exercise is not necessary for the public safety Provided also that such works shall be as little injurious to the said adjoining lands as the nature of the accident or apprehended accident will admit of and shall be executed with all possible dispatch and full compensation shall be made to the owners and occupiers of such lands for the loss or injury or incon- venience sustained by them respectively by reason of such works the amount of which compensation in case of any dispute about the same shall be settled by arbitrators in the manner hereinafter mentioned and provided also that no land shall be taken permanently for any such works otherwise than is herein provided with respect to the lands originally taken for the purpose of making the said railway. 12. Every bridge to be erected for the purpose of carrying the Construction oi railway over any road shall be built in conformity with the following roadf.^^"™' regulations (that is to say) — The width of the arch shall be such as to leave thereunder a clear space of not less than thirty feet if the arch be over a public highway and of twenty feet if over a parish road and of twelve feet if over a private road. The clear height of the arch from the surface of the road shall not be less than sixteen feet for a space of twelve feet if the arch be over a turnpike road and fifteen feet for a space of ten feet if over a public carriage road and in each of such eases the clear height at the springing of the arch shall not be less than twelve feet the clear height of the arch for a space of nine feet shall not be less than fourteen feet over a private road. The descent made in the road in order to carry the same under the bridge shall not be more than one foot in thirty feet if the bridge be over a public highway one foot in twenty feet if over a parish road and one foot in sixteen if over a private road not being a tramroad or railroad or if the same be a tramroad or railroad the descent shall not be greater than the ruling gradient of such tramroad or railroad. 13. Every bridge erected for carrying any road over the railway construction of shall be built in conformity with the following regulations (that bridges over is to say) — There shall be a good and sufficient fence on each side of the bridge of not less height than four feet and on each side of the immediate approaches of such bridge of not less than three feet. The road over the bridge shall have a clear space between the fences thereof of thirty-five feet if the road be a public highway and twenty -five feet if a parish road and twelve feet if a private road. 822 NEWCASTLE WALLSEND COAL COMPANY'S EAILWAT. 23 Victoria, The ascent stall not be more than one foot in thirty feet if the road be a turnpike road one foot in twenty feet if a parish road and one foot in sixteen feet if a private road not being a tramroad or railroad or if the same be a tramroad or rail- road the ascent shall not be greater than the ruling gradient of such tramroad or railroad. The width of the 14. Provided always that in all cases where the average available exceed\he width width for the passing of carriages of any existing road within fifty of the road in yards of the points of crossing the same is less than the width herein- before prescribed for bridges over or under the railway the width of such bridges need not be greater than such average available width of such roads but so nevertheless that such bridges be not of less width in. case of a public highway or parish road than twenty feet Provided also that if at any time after the construction of the railway the average available width of any such road shall be increased beyond the width of such bridge on either side thereof the promoters shall be bound at their own expense to increase the width of the said bridge to such extent as they may be required by the trustees or surveyors of such road not exceeding the width of such road as so widened or the maximum width herein prescribed for a bridge in the like case over or under the railway. Existing inciina- 15. Provided also that if the mesne inclination of any road within croMed'or ^'^ hundred and fifty yards of the point of crossing the same or the diverted need inclination of such portion of any road as may be required to be no e improve . g^]^^-gj,g(j ^^ f^j, ^}ii(;]i another road shall be substituted shall be steeper than the inclination hereinbefore required to be preserved by the promoters then the promoters may carry any such road over or under the railway or may construct such altered or substituted road at an inclination not steeper than the said mesne inclination of the road so to be crossed or of the road so requiring to be altered or for vrhich another road shall be substituted. Works for bene- 16. The promoters shall make and at all times thereafter maintain fit of owners. .(.j^g following works for the accommodation of the owners and occu- piers of lands adjoining the railway (that is to say) — Gates bridges Such and SO many convenient gates bridges arches culverts and *"■ passages over under or by the sides of or leading to or from the railway as shall be necessary for the purpose of making good any interruptions caused by the railway to the use of the lands through which the railway shall be made and such works shall be made forthwith after the part of the railway passing over such lands shall have been laid out or formed or during the formation thereof TencM- All sufficient posts rails hedges ditches mounds or other fences for separating the land taken for the use of the railway from the adjoining lands not taken and protecting such lands from trespass or the cattle of the owners or occupiers thereof from straying thereon by reason of the railway together with all necessary gates made to open towards such adjoining lands and not towards the railway and all necessary stiles and such posts rails and other fences shall be made forthwith after the taking of any such lands if the owners thereof shall so require and the said other works as soon as conveniently may be NEWCASTLE WALLSEND COAL COMPANY'S EAILWAT. 823 Also all necessary arches tunnels culverts drains or otlier passages 23 Victoria, either over or under or by the sides of the railway of such Drains, dimensions as will be sufficient at all times to convey the water as clearly from the lands lying near or afEected by the rail- way as before the making of the railway or as nearly so as may be and such works shall be made from time to time as the railway works proceed Also proper watering-places for cattle or compensation in lieu Watenng-piacea. thereof where by reason of the railway the cattle of any per- son occupying any lands lying near thereto shall be deprived of access to their former watering-places and such watering- places shall be so made as to be at all times sufficiently supplied with water as theretofore and as if the railway had not been made or as nearly so as may be and the said pro- moters shall make all necessary watercourses and drains for the purpose of conveying water to the said watering-places Provided always that the promoters shall not be required to make such accommodation works in such a manner as would prevent or obstruct the working or using of the railway nor to make any accommodation works with respect to which the owners and occupiers of the lands shall have agreed to receive and shall have been paid compensation instead of the making them. 17. If any person omit to shut and fasten any gate set up at either Penalty on per- side of the railway for the accommodation of the owners or occupiers to"a8teii gates of the adjoining lands so soon as he and the carriage cattle or other animals under his care have passed through the same he shall forfeit for every such offence any sum not exceeding ten pounds. 18. The promoters shall not be entitled to any mines of coal iron- Mineraianot to stone slate or other minerals under any land whereof the surface is ^^'' vested in them by virtue of this Act except only such parts thereof as shall be necessary to be dug or carried away in the construction of the works hereby authorized and such mines shall not be deemed to vest in the said promoters. 19. If within twenty-eight days after the passing of this Act the Compensation said persons through whose lands the railway shall pass or any of o'*™^- them and the promoters shall not agree as to the amount of compen- sation to be paid by them for the said lands belonging to the said parties or any of them or for any damage that may be sustained by them or him by reason of the execution of the works or if any other question as to compensation shall arise under this Act the amount of such compensation shall be settled by arbitrators in manner herein- Appointment of after mentioned (that is to say) — Unless both parties shall concur in arbitrators. the appointment of a single arbitrator each party on the request of the other party shall nominate and appoint an arbitrator to whoin Buch dispute or other matter shall be referred and every appointment of an arbitrator shall be under the hand of such party and such appointment shall be delivered to the arbitrator or arbitrators and snail be deemed a submission to arbitration on the part of the party by whom the same shall be made and after any such appointment shall have been made neither party shall have power to revoke the same without the consent of the other nor shall the death of either party operate as a revocation and if for the space of fourteen days after any such dispute or other matter shall have arisen and after a 824 NEWCASTLE WALLSEND COAL COMPANY'S EAILWAT: 23 Victoria, request in -writiug shall tave been served by the one party on the other party to appoint an arbitrator such last-mentioned party fail to appoint such arbitrator then upon such failure it shall be lawful for the Attorney-G-eneral for the time being of the said Colony on the application of the party who has himself appointed an arbitrator to appoint such arbitrator to act on behalf of both parties and such arbi- trator may proceed to hear and determine the matters which shall be in dispute and in such case the award or determination of such single arbitrator shall be final and conclusive. Vacancy of art!- 20. If before the matter so referred shall be determined any arbi- BuppUed." trator appointed by either party shall die or become incapable or refuse or for fourteen days neglect to act as arbitrator the party by whom such arbitrator was appointed may nominate and appoint in writing some other person to act in his place and if for the space of seven days after notice in writing from the other party for that pur- pose he fail to do so the remaining or other arbitrators may proceed alone and every arbitrator so to be substituted as aforesaid shall have the same powers and authorities as were vested in the former arbi- trator at the time of such his death refusal neglect or disability as aforesaid. Appointment ot 21. "Where more than one arbitrator shall have been appointed such ^^^™- arbitrators shall before they enter upon the matters referred to them, nominate and appoint by writing under their hands an umpire to decide any matters on which they shall differ or which shall be referred to them under the provisions of this Act and if such umpire shall die or refuse or for seven days neglect to act after being called upon to do so by the arbitrators they shall forthwith after such death refusal or neglect appoint another umpire in his place and the decision of every such umpire on the matters so referred to him shall be final. Attorney- 22. If in either of the cases aforesaid the arbitrator shall refuse or poinTumpire'on io^ seven days after request of either party to such arbitration neglect neglect. to appoint an umpire it shall be lawful for the Attorney-General for the time being on the application of either party to such arbitration to appoint an umpire and the decision of such umpire on the matters on which the arbitrator shall differ or which shall be referred to him under this Act shall be final. In case of death 23. If when a single arbitrator shall have been appointed such to/ thematterTo arbitrator shall die or become incapable or shall refuse or for fourteen begin de novo, days neglect to act before he shall have made his award the matters referred to him shall be determined by arbitration under the pro- visions of this Act in the same manner as if such arbitrator had not been appointed. If either arbitra- 24. If where more than one arbitrator shall have been appointed the oth"rto pro- either of the arbitrators shall refuse or for seven days neglect to act ceed exparu. the other aibltrator may proceed alone and the decision of such other arbitrator shall be as effectual as if he had been the single arbitrator appointed by both parties. If arbitrators 25. If where more than one arbitrator shall have been appointed their°award ^^^ where neither of them shall refuse or neglect to act as aforesaid within twenty- guch arbitrators shall fail to make their award within twenty-one days matter'togoto after the day on which the last of such arbitrators shall have been the umpire. appointed or within such extended time (if any) as shall have been J^EWCASTLE WALLSEND COAL COMPANY'S EAILWAT, 825 appointed for that purpose by both of such arbitrators tinder their 23 Victoria, hands the matters referred to them shall be determined by the umpire to be appointed as aforesaid. 26. The said arbitrators or their umpire may call for the production Powers of arbi- of any documents in the possession or power of either party which joJ books &o. they or he may think necessary for determining the question in dis- ■pute and may examine the parties or their witnesses on oath and administer the oaths necessary for that purpose. 27. Before any arbitrator or umpire shall enter into the considera- ■^''''''f '"^ake tion of any matters referred to him he shall in the presence of a a declaration for Justice of the Peace make and subscribe the following declaration char'e'of duty. (that is to say) — - I A.B. do solemnly and sincerely declare that I will faithfully and honestly and to the best of my skill and ability hear and determine the matters referred to me under the provisions of the Newcastle "Wallsend Coal Company's Eailway Act. A.B. Made and subscribed in the presence of And such declaration shall be annexed to the award when made and if Penalty for mia- any arbitrator or umpire having made such declaration shall wilfully act contrary thereto he shall be guilty of a misdemeanor. 28. All the costs of any such arbitration and incident thereto to be ^.°^°^ '"?''h'' settled by the arbitrators shall be borne by the promoters unless the borne, arbitrators shall award the same or a less sum than shall have been offered by the promoters in which case each party shall bear his own costs incident to the arbitration and the costs of the arbitrators shall be borne by the parties in equal proportions unless the amount awarded shall be one-fourth less than the amount in which case the whole costs shall be paid by the claimant Provided that if either party shall be -dissatisfied with the costs allowed by the arbitrators as aforesaid the costs may be taxed by the Prothonotary or other proper of&cer of the Supreme Court and the amount allowed by such officer shall be the amount of costs to be paid. 29. The arbitrators shall deliver their award in writing to the pro- ^T^'^'^'??^th meters who shall retain the same and shall forthwith on demand at promoters. their own expense furnish a copy thereof to the other party and shall at all times on demand produce the said award and allow the same to be inspected or examined by such party or any person appointed by him for that purpose and the amount awarded shall be paid within sixty days after the publication of such award. 30. The submission to any such arbitration may be made a rule of Submission may the Supreme Court on the application of either of the parties. of Court. 31. No award made with respect to any question referred to arbitra- Award not void tion under the provisions of this Act shall be set aside for irregularity fg^_^^ ^"°' '° or error in matter of form. 32. The promoters shall make compensation and satisfaction to the compensation said owners and occupiers the amount of such compensation and p°erm™enror' satisfaction to be ascertained and recovered in case of difference in recurring the manner hereby provided for temporary permanent or recurring '"J""'^'- injury and all other damage loss cost charges and inconvenience which may in anywise be occasioned to the said owners or occupiers by the non-performance by the said promoters of any of the matters and things hereby required to be performed by them or otherwise. 826 ISTEWCASTLE WALLSEND COAL COMPANY'S EAILWAT. ?3 Victoria. 33. In every case where tlie promoters shall take temporary posses- Compensation gion of lands by virtue of the powers hereby granted it shall be tempomy ocou- incumbent on them within one month after their entry upon such patioD. lands upon being required so to do to pay to the occupier of the said lands the value of any crop or dressing that may be thereon as well as full compensation for any other damage of a temporary nature which he may sustain by reason of their so taking possession of their lands and they shall also from time to time during their occupation of the said lauds pay half-yearly to such occupier or to the owner of the lands as the case may require a rent to be fixed by two Justices in case the parties differ and shall also within six months after the completion of the railway pay to such owner and occupier or deposit in the bank for the benefit of all parties interested as the case may require compensa- tion for all permanent or other loss damage or injury that may have been sustained by them by reason of the exercise as regards the said lands of the powers hereby granted including the full value of all clay stone gravel sand and other things taken from such lands. Interpretation 34. The following words and expressions in this Act shall have the clause. meaning hereby assigned to them unless there be something either in the subject or context repugnant to such construction The word " promoters " shall mean the said Newcastle Wallsend Coal Company The word " railway " shall mean the railway hereby authorized to be constructed and in citing this Act it shall be sufBcient to use the expression the Newcastle "Wallsend Coal Company's Eailway Act 1859 The word " Justice " shall mean Justice of the Peace in and for the territory of New South Wales and where any matter shall be authorized or required to be done by two Justices the expression " two Justices " shall mean two Justices assembled and acting together in Petty Sessions and where under the provisions of this Act any notice shall be required to be given to the owner of any land or where any act shall be authorized or required to be done with, the consent of any such owner the word " owner" shall be understood to mean any person or corporation who under the provisions of this Act would be able to sell land to the promoters. Act to be deemed 35. This Act shaU be deemed and taken to be a public Act and a public Act. ^-^^-^-^ ^^ judicially taken notice of as such by the Judges of the Supreme Court of New South Wales and by all other Judges Justices and others within the Colony of New South Wales and its dependencies without being specially pleaded and the same whenever cited shall be sufficiently described as the " Newcastle Wallsend Coal Company's Eailway Act 1859." THE SCHEDULE HEEEINBBEOEE EEEEEEED TO. Commencing at a point on the northern boundary of the land of the promoters and going in a north-easterly direction through land believed to he the property of Messrs. Cowper and Miller as trustees for Mrs. Srooks until it meets the land late "Weller's " and now belonging or supposed to belong to John Whitehill Stevens Esquire through which it passes in a similar direction to the boundary of land the property of the Crown known as Commonage Reserve through which it also passes in a similar direction to and through tne land of the Australian Agricultural Company and in the same direction to the Great Northern Bailway at a point seven chains short of the 4| mile-post. 827 NEW SOUTH WALES CO-OPERATIVE COAL- MINING COMPANY. An Act to incorporate the New South Wales Co-opera- 26 Victobia, tive Coal-mining Company and to enable the said Company to connect a Railway proposed to be constructed over land belonging to them with a certain Railway belonging to the Newcastle Walls- end Coal Company. [9 December, 1862.] WHEEEAS a Joint Stock Company called tlie New South "Wales preamble. Co-operative Coal-mining Company lias been lately established at Newcastle in tbe Colony of New South "Wales under and subject to the rules regulations and provisions contained in a certain deed of settlement bearing date the twenty-fifth day of November one thousand eight hundred and sixty-one purporting to be a deed of settlement of the said Company And whereas by the said deed of settlement the several parties thereto have respectively and mutually covenanted and agreed that they should whilst holding shares in the capital of the said Company be and continue until dissolved under the provisions in that behalf therein contained a joint stock Company or part- nership under the name and title of the New South "Wales Co-operative Coal-mining Company for working or contracting for the working of the coal or other mines in or upon any lands of which the said Company might from time to time be owners or lessees for the purchase or leasing of coal or other mineral lands for following up or acting upon any trade or purpose mentioned in any regulations for the management or conduct of coal or other mines in the said Colony then promulgated or thereafter to be promulgated for purchasing the necessary machinery for working the said mines or for testing the mining capabilities of any land purchased or intended to be purchased by the Company or for draining any mines or any other purpose in connection therewith for exporting selling or otherwise disposing of all coal or other minerals to be raised from any land belonging to or leased by the said Company for leasing or selling any such lands and for constructing railways roads wharfs and other matters necessary for the promotion of the object of the said Company and it was by the same deed of settlement agreed that the capital of the said Company should consist of thirty thousand pounds sterling to be contributed in six thousand shares of five pounds each and of such sum or sums of money as might thereafter be raised by the creation and sale of new shares of the like amount as therein provided And whereas by the said deed of settlement provision has been made for the due manage- ment of the affairs of the Company by certain directors already appointed and by other directors to be from time to time elected and appointed as their successors by the proprietors of the shares of the said Company And whereas the said Company is desirous of being incorporated and it is expedient that the said Company should be incorporated accordingly subject to the provisions hereinafter contained Be it therefore enacted by the Queen's Most Excellent Majesty by and 828 NEW SOUTH WALES CO-OPEEATIVE COAL-MINING- CO. Compnay incorporated. 26 VicTOKiA. 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. All persons who have already or at any time hereafter shall in the manner provided by the said deed of settlement become proprietors of shares in the capital for the time being of the said Company shall (subject nevertheless to the provisions hereinafter contained) be one body corporate by the name of the New South Wales Co-operative Coal-mining Company and by that name shall have perpetual succession and a common seal and shall and may grant and receive and sue and be sued plead and be impleaded in all Courts whatsoever at law and in equity and may prefer lay and prosecute any indictment information and prosecution against any person whomsoever for any crime or offence whatsoever and in all indictments informations and prosecutions it shall be lawful to state that any property of the Company relative to which such indictment information or prosecution is preferred laid or prosecuted is the property of the Company and generally to designate the Company by its corporate name whenever for any purpose whatso- ever such designation shall be necessary. 2. The several laws rules regulations clauses and agreements con- tained in the said deed of settlement or to be made in pursuance of the provisions thereof shall be the by-laws for the time being of the said Company save and except in so far as any of them may be altered varied or repealed by or may be inconsistent or incompatible with or may be repugnant to any of the provisions of this Act or of any of the laws or statutes now or hereafter to be in force in the Colony. 3. The production of a written or printed copy of the by-laws of the Company having the common seal of the Company affixed thereto shall be sufficient evidence of such by-laws in all Courts whatsoever at law and in equity. 4. It shall be lawful for the Company from time to time to extend or increase its capital for the time being by the creation and disposal of new shares in the manner specified by the by-laws. Shares to be per- 5. All shares in the capital of the Company shall be personal estate and transferable as such and shall not be of the nature of real estate. Proprietors may 6. Subject to the regulations in the by-laws contained every pro- rans er s area. pj.j[g-(;Qj. ^g^y ggj]^ g^jj^ transfer all or any of his shares in the capital of the Company and every such transfer shall be by deed in which the consideration shall be duly stated. Deed of settle- ment to be the hy-lawa of the company. Evidence of by- laws. Increase of capital. Transmission of shares by other means than transfer. Company not bound to regard trust. 7. If the interest in any shares shall have hecome transmitted in consequence of the death or bankruptcy or insolvency of any pro- prietor or in consequence of the marriage of a female proprietor or by any other lawful means than by a transfer according to the provisions ©f this Act and the by-laws such transmission shall be subject to the provisions for that purpose in the by-laws contained. 8. The Company shall not be bound to see to the execution of any trust whether express implied or constructive to which any of the said shares may be subject and the receipt of the party in whose name any such share shall stand in the books of the Company or if it stands in the names of more parties than one the receipt of one of the parties NEW SOUTH WALES CO-OPEEATIVE COAL-MINING CO. 829 named in the register of proprietors shall from time to time be a suiS- 26 Viotoeia. cient discharge to the Company for any dividend or other sum of money payable in respect of snch share notwithstanding any trust to which such share may be subject and whether or not the Company have had notice of such trust and the Company shall not be bound to see to the application of the money paid upon such receipt. 9. It shall be lawful for the Company to purchase and to hold to Power to pur- them and their successors any coal or other mineral lands and all such '^'^^'^ '""''^ *°" houses offices and buildings and other lands and hereditaments as may be necessary for the purpose of carrying on the business of the Com- pany for any estate term of years or interest and to sell demise or otherwise dispose of the same as occasion shall require. 10. It shall be lawful for any person who is competent so to do to Power to sell sell or demise to the Company any such coal or mineral lands houses *° Company, offices buildings lands and hereditaments. 11. In all cases dividends or bonuses shall be declared and paid out Dividend to be of the net gains and profits of the Company and not out of the capital ^Jly/™" p"^"**' for the time being of the Company or any portion thereof. 12. On the trial or hearing of any action or suit that may be Matters to be brought by the Company against any proprietor of any shares in the f^rSs!" *°''°° capital of the Company for the recovery of any sum of money due to the Company for any call made by virtue of this Act or of the by-laws it shall be sufficient to prove that the defendant at the time of making such call was a holder of one share or more in the capital of the Com- pany and that such call was in fact made and such notice thereof given as is required by the by-laws and it shall not be necessary to prove the appointment of the directors who made such call nor any other matter whatsoever and thereupon the company shall be entitled to recover what shall be due upon each call with interest thereon unless it shall appear that any such call exceeds the amount prescribed by the by-laws or that due notice of the call was not given. 13. The production of the register of proprietors shall be prima Proof of pro- facie evidence of such defendant being a proprietor and the number P"«tor8hip. and amount of his shares. 1-i. It shall be lawful for the Company from time to time to borrow Power to borrow upon mortgage or upon debentures such sums of money as shall by a JebTntufeF " resolution of a special general meeting of the Company from time to time be authorized to be borrowed not exceeding in the whole an amount equal to one-half the paid-up capital of the Company and for securing the repayment of the money so borrowed with interest to mortgage the property of the Company or to issue debentures chargeable upon such property under the hands of any two of the directors named in such resolution Provided always that the persons present at any such meeting either in person or by proxy specially given for the occasion shall hold shares representing not less than one-third of the paid-up capital of the Company. 15. The directors for the time being shall have the custody of the Custody and use common seal of the Company and the form thereof and of all other °'™'p°'^=''"^^^'- matters relating thereto shall from time to time be determined at meetings of directors and the directors present at any such meeting shall have power to use the common seal for the affairs and concerns 830 NEW SOUTH WALES CO-OPERATIVE COAL-MINING CO. ?6 Victoria, of the Compaiij and under such seal to empower any person ■without such seal to execute any deed and to do all or any other such matters and things as may be required to be done or executed in behalf of the Company but it shall not be necessary to use the common seal in respect of any of the ordinary business of the Company or for the appointment of any attorney or solicitor for the prosecution of any action suit or other proceeding or of any officer or servant of the Company and such seal may be affixed to any deed or document by the hand of any person whom the directors shall appoint in that behalf and the affixing thereof shall be attested by one director and the person so appointed. Retirement and 16. The directors and auditors of the Company appointed by the directors"* deed of settlement shall go out of office at the general meeting of the proprietors of the Company to be held in the month of January one thousand eight hundred and sixty-three and thereupon new directors and new auditors shall be selected of the members and in the manner provided by the by-laws and thereafter the directors shall be changed and all vacancies therein filled up at the times and in manner provided by the by-laws. Calls made and l7. Every Call made and every contract act deed matter or thing entered into entered into or done by the Company under the provisions of the deed before Act valid of settlement prior to the passing of this Act shall be as valid and effectual to and for all intents and purposes and may be enforced in like manner as if the Company had been incorporated before such call contract deed matter or thing had been made entered into or done. Limitation of 18. In the event of the assets of the Company being insufficient to liability. meet its engagements each proprietor shall only be responsible to the amount of his shares in the capital of the Company as appearing from the register of proprietors. Eecites New- 19. And whereas an Act of Council was passed in the twenty-third Coti^cSpany^ J"®^^ °* ^®^ Majesty's reign entitled the Newcastle "Wallsend Coal- Eaiiway Act 1859 mining Company's Railway Act 1859 by the fourth section whereof it secTioii.*"' is enacted as follows and in the words following "that it shall be lawful for the owners and occupiers of the lands traversed by the said railway to lay down upon their own lands any collateral branch of railway to communicate with the said railway for the purpose of bringing carriages to or from or upon the said railway and the promoters shall if required at the expense of such owners or occupiers make openings in the rails and such additional lines of railway as may be necessary for effecting such communication in places where the communication can be made with safety to the public and without injury to the said railway and without inconvenience to the traffic thereupon and the promoters shall not take any rate or toll or other moneys 'for the passing of any passengers goods or other things along any branch so to be made by any such owner or occupier or other person but the enactment shall be subject to the following restrictions and conditions (that is to say)— " No such, railway shall run parallel to the said railway the promoters shall not be bound to make any such openings in any place which they shall have set apart for any specific purpose with which such communication would interfere nor upon any inclined plane or bridge nor in any tunnel. NEW SOUTH WALES CO-OPEEATIVE COAL-MINING CO. 831 " The persons making or using such brancli railways shall be 26 Victoria. subject to all by-laws and regulations of the promoters from time to time made with respect to passing upon or crossing the railway and otherwise and the persons making or using such branch railways shall be bound to construct and from time to time as need may require to renew the ofi plates and switches according to the most approved plan adopted by the promoters under the directions of their engineer." And whereas the Company are the occupiers of lands traversed by the Eecitai of inten- railway of the said Newcastle Wallsend Coal Company and are desirous to°makeT^S to lay down upon their own lands a collateral branch of railway to way over land in communicate with the railway of the Newcastle Wallsend Coal Com- ^"^""""P* '°°- pany for the purpose of bringing carriages to or from or upon -the said railway And whereas in consequence of the whole of that Reoiui that portion of the railway of the Newcastle Wallsend Coal Company frisen^aa'^to the which traverses the lands in the occupation of the Company being construction of upon an incline doubts have arisen as to whether the said Newcastle waiisend coai Wallsend Coal Company can be compelled to make openings in their Company's Act. rails for the purpose of allowing the railway of the Company to be placed in communication with the railway of the said Newcastle Wallsend Coal Company and inasmuch as the railway of the Company is not intended to be made parallel to the railway of the Newcastle Wallsend Coal Company and such communication can be made with . safety to the public without injury to the railway of the said New- castle Wallsend Coal Company and without inconvenience to the traffic thereupon Be it therefore enacted by the authority and with the advice and consent aforesaid as follows : — ■ 20. The Newcastle Wallsend Coal Company shall immediately The Newcastle upon the request and at the expense of the Company make all fit and company to"" proper openings in the rails of the railway of the Newcastle Wallsend P*)?|= openings Coal Company and such additional lines of railway as may be necessary for the effecting a communication from the railway intended to be constructed by the Company with the railway of the said Newcastle Wallsend Coal Company such openings to be made and additional lines of railway constructed in and upon that portion of the railway of the Newcastle Wallsend Coal Company which traverses the land occupied by the Company at the angle formed by the intersection of the eastern boundary -line of the land occupied by the promoters with the north-west side of the Newcastle Wallsend Coal Company's railway notwithstanding that at such place the railway of the said Newcastle Wallsend Coal Company is upon an inclined plane. 21. The Company shall be subject to all by-laws and regula- Company to be tions of the Newcastle Wallsend Coal Company from time to time lawfof Newcas- made with respect to passing upon or crossing the railway of the tieWaiisend Newcastle Wallsend Coal Company and the Company shall construct to°opening^'iM and from time to time as need may require renew the off-set plates '^''• and switches according to the most approved plan adopted by the New- castle Wallsend Coal Company under the directions of their engineer. 22. The said Company shall have the same powers to cross roads in Powers to cross the line of the said railway as are by the said Newcastle Wallsend Company's recited Act conferred upon the said last-named Company subject nevertheless to the conditions and restrictions in the said recited Act. 832 NEW SOUTH WALES SHALE AND OIL COMPANY. Interpretation clause. 26 Victoria. 23. In this Act words importing tlie singular number only shall include the plural number and words importing the plural number only shall include the singular number and words importing the masculine gender only shall include the feminine and the expression " the Company " shall mean the Company intended to be by this Act incorporated and the expression " the by-laws " shall mean the several laws rules regulations clauses and agreements contained in the deed of settlement and all laws rules regulations and agreements to be made in pursuance thereof unless there be something in the subject or the context repugnant to such construction. 24. This Act shall be deemed and taken to be a public Act and shall be judicially taken notice of as such by the Judges of the Supreme Court of New South Wales and by all other Judges Justices and others within the Colony of New South Wales and its dependencies without being specially pleaded and the same whenever cited shall be suiEciently described as the " New South Wales Co-operative Coal- mining Company Incorporation Act 1862." Act to be deemed a public Act. Short title of Act. NEW SOUTH WALES SHALE AND OIL COMPANY. 36 VicTOKiA. An Act to incorporate the " New South Wales Shale and Oil Company (Limited)." [10 Eebruary, 1873.] Preamble. "TTTHEEEAS a Joint Stock Company called the New South VV Wales Shale and Oil Company (Limited) 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 settlement Isearing date the first day of November one thousand eight hundred and seventy-one purporting to be the deed of settlement of the said Company And whereas by the said deed of settlement the several parties thereto have respectively and mutually covenanted and agreed that they whilst holding shares in the capital of the said Company should become remain and continue until dis- solved under the provisions in that behalf therein contained a joint stock Company for the express object of carrying on the business thereof under the name style and title of the New South Wales Shale and Oil Company (Limited) for the purpose of working or contracting for the working of the mines of the said Company whether of coal shale or bituminous mineral and all other the loads veins and strata of metallic or other ores and minerals upon or under the sur- face of certain lands and hereditaments in the said deed of settlement mentioned and such other lands and hereditaments as might be there- after purchased or taken on lease or license by the said Company under the provisions of the said deed of settlement and also for the purpose of extracting the oils naphtha benzole paraf&ne and all other products obtainable from the said coal shale or other minerals and of refining such oils and of erecting all such machinery as might be necessary for that purpose and also if deemed advisable to carry on the business of sulphuric acid manufacturers or to manufacture all such other products as might be necessary in their business and calling NEW SOUTH WALES SHALE AND OIL COMPANY. 833 of manufacturers of oil and other products obtainable from the said 36 Victoria. eoal and other minerals and to lease or sell any sucb lands and to construct railways roads and wharfs and to do all other matters necessary for the promotion of the objects of the said Company and to purchase any metallic ores or minerals and to make advances on deposit or consignment thereof and to wash stamp or otherwise render merchantable the ores and minerals so gotten purchased or obtained and to smelt and reflue such ores and minerals and also to sell export or otherwise dispose of all or any such coal shale ores and other minerals in such condition in such market and generally in such manner and form as the board of directors of the said Company should think most beneficial to the interest of the said Company and also if deemed expedient to carry on the business of smelting or otherwise preparing for market any ores or minerals belonging to other persons or bodies upon such terms as should be deemed advisable And whereas it was by the said deed of settlement agreed that the capital of the Company should until increased under the provisions in the said deed of settlement contained consist of one hundred thousand pounds sterKng to be divided into one hundred thousand shares of the amount of one pound each And whereas by the said deed of settlement provision has been made for the due manage- ment of the affairs of the said Company by certain directors and auditors already appointed and by other directors and auditors to be from time to time elected and appointed as their successors by the shareholders of the said Company And whereas the whole of the capital of one hundred thousand pounds has been subscribed for And whereas the said Company is desirous of being incorporated and it is expedient that the said Company should be incorporated ac- cordingly Be it therefore enacted by the Queen's Most Excellent Majesty by and with the 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 following words and expressions in this Act shall have the interpretation several meanings hereby assigned to them unless there be something <=iause. in the subject or the context repugnant to such construction (that is to say) — The expression " the Company " shall mean the Company incor- porated by this Act. The expression " the directors " shall mean the board of direc- tors of the Company duly appointed for the time being under the provisions of the deed of settlement of the Company. The word " shareholder " shall mean shareholder proprietor or member of the Company. The expression " deed of settlement " shall mean the deed of settlement of the Company and any addition thereto or alteration or amendment thereof which may be made in pursuance of the provisions thereof. 2. Such and so many persons as have already become or at any company in- time or times hereafter shall or may in the manner provided by and corporatei subject to the rules regulations and provisions contained in the said deed of settlement become holders of shares of or in the capital for the time being of the Company shall subject nevertheless to the condi- tions regulations and provisions hereinafter contained be one body 3& 834 NEW SOUTH "WALES SHALE AND OIL COMPANY. 36 VicTOEiA, politic and corporate by name and in deed by the name of tbe New Soutb "Wales Shale and Oil Company (Limited) and by that name shall and may grant and receive and shall and may sue and implead any person whether a member of the Company or not and may be sued and impleaded by any person whether a member of the Company or not in all Courts whatsoever at law or in equity and may prefer lay and prosecute any indictment information or prosecution against any person whomsoever whether a shareholder or not for any crime or offence whatsoever and in all indictments informations and prosecu- tions it shall be lawful to state the money goods effects bills notes securities or other property of whatsoever nature of the Company relative to which such indictment information or prosecution is preferred laid or prosecuted to be the money goods effects biUs notes securities or other property of the Company and generally to designate the Company by its corporate name whenever for any purpose whatsoever such designation shall be necessary or expedient and the Company shall have perpetual succession with a common seal which may be altered varied and changed from time to time at the pleasure of the Company or of the directors thereof. Deed of settle- 3. The several laws rules regulations clauses and agreements con- and"ciauses™c'! Gained in the said deed of settlement or to be made in pursuance o£ therein to be the the provisions for that purpose therein contained are and shall be time'bein'gofthe ^^6 by-laws for the time being of the Company save and except in so Company. far as any of them are or shall or may be altered varied or repealed by or are or shall or may be inconsistent with or repugnant to any o£ the provisions of this Act or of any of the laws or statutes now or hereafter to be in force in the said Colony subject nevertheless to be and the same may be amended altered or repealed either wholly or in part in the manner provided by the said deed of settlement But no rule or by-law shall on any account or pretence whatsoever be made by the Company 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 mean- ing of the said deed of settlement or of this Act or of auy of the laws or statutes in force in the said Colony. Evidence of 4. The production of a written or printed copy of the said deed of r-iaws. settlement or of any rules by-laws or regulations to be made in pur- suance thereof or in pursuance of this Act having the common seal of the Company affixed thereto shall be sufficient evidence in every Court of civil or criminal jurisdiction of such deed of settlement or of such rules by-laws or regulations. General business 5. It shall be lawful for the Company subject to the restrictions e Company. ^^^^ provisions herein and in the said deed of settlement contained to work or contract for the working of the present mines of the said Company whether of coal shale or bituminous mineral and all other the lodes veins and strata of metallic or other ores and minerals upon or under the surface of the lands and hereditaments in the said deed of settlement mentioned and such other lands and hereditaments as may hereafter be purchased or taken on lease or license by the said Company under the provisions hereinafter and in the said deed of settlement contained and also to extract the oils naphtha benzole par- affine and all other products obtainable from the said coal shale or other minerals and to refine such oil and to erect all such machinery as may be necessary for that purpose and also if deemed advisable to, .NEW SOUTH WALES SHALE AND OIL COMPANY. S3 5 carry on the business of sulphuric acid manufacturers and to manu- 36 Victoria. facture all such other products as may be necessary in their business and calling of manufacturers of oil and other products obtainable from the said coal and other minerals and to construct railways roads and wharfs and to do all other matters necessary for the promotion of the objects of the said Company and to purchase any metallic ores or minerals and to mate advances on deposit or consignment thereof and to wash stamp or otherwise render merchantable the ores and minerals so gotten purchased or obtained and to smelt and refine such ores and minerals and also to sell export or otherwise to dispose of all or any such coal shale ores and other minerals and the ores and other pro- ducts thereof in such condition in such market and generally in such manner and form as the board of directors shall think most beneficial to the interests of the Company and also if deemed expedient to carry on the business of smelting or otherwise preparing tor market any ores or minerals belonging to other persons or bodies upon such terms as shall be deemed advisable and also to purchase lease or rent any patent right for any manufacture art process or invention in force in the said Colony or elsewhere for aiding or promoting the distillation or manufacture of any oil or other product of any coal shale or other mineral employed or operated on by the said Company in its said busi- ness or calling and also to dispose of lease or relet any such patent right as aforesaid to any person or persons on such terms and in such manner as to the said directors shall seem fit. 6. It shall be lawful for the Company notwithstanding any statute Power to use or law to the contrary to keep and use any retorts stills or other ^i'„g|" ^p""*' apparatus used and employed in the process of distillation for the pur- pose of retorting distilling manufacturing or refining mineral and other oils from coal shale or other bituminous mineral. 7. It shall be lawful for the Company notwithstanding any statute Power to pur- er law to the contrary to purchase take hold and enjoy to them and°a^3&". ° their successors for any estate term of years or interest or under license any mineral or other lands mines houses ofiaces buildings and hereditaments as may be necessary or proper for the purpose of man- aging conducting and carrying on the affairs concerns and business of the Company And to sell convey assign assure demise or otherwise dis- pose of or act in respect of such lands mines houses offices buildings and hereditaments as occasion may require. 8. It shall be lawful for any person who is competent so to do to power to sell to' grant sell alien and convey assign assure demise and dispose of unto Company. the Company and their successors for the purposes aforesaid or any of them any such mineral or other lands mines houses offices buildings and hereditaments or to grant to the Company a license for working any such mineral or other lands mines and hereditaments. 9. It shall be lawful for the Company from time to time to extend increase of or increase its capital for the time being by the creation and disposal ''^p''*'- of new shares in the manner specified in the said deed of settlement. 10. It shall be lawful for the Company from time to time to diminish Eeduotion and the capital of the Company to the amount and in the manner specified release of surplus, in the said deed of settlement and to cause the same amount to be power to recaiL paid back to the several shareholders but the amount so paid back may again be called for by the directors in the same manner as if the amount had never been brought into the capital stock. 836 NEW SOUTH WALES SHALE AND OIL COMPANY. corporation. Act not to pre- judice any contract &c. already entered into. Shares to be personal estate. 36 Victoria. 11. It shall be lawful for the directors on tehalf of the Company- Power to borrow to procure advances and to borrow money and to pay off and dis- money. charge such advances in the manner for the purposes and subject to the restrictions specified in the said deed of settlement. Promissory- 12. Every promissory-note or bill of exchange shall be deemed to exohauge'whe'n T^i^^G been made accepted or endorsed on behalf of the Company under deemed to have this Act if made accepted or endorsed in the name of the Company been accepted. •, j_T_L_cxir^ i j..' by any two directors ot the Company as such. Property at 13. All the lands mines securities covenants debts moneys choses trusteesTo ii action and things at present vested in the trustees of the Company become vested in qj- any other person on behalf of the Company shall immediately after the passing of this Act become vested in the Company for the same estate and interest and with the like powers and authorities as the same are now vested in the said trustees or other person without any assign- ment or conveyance whatever. 14. Nothing in this Act contained shall prejudice or be construed to prejudice any call made or any contract or other act deed matter or thing entered into made or done by the Company or by any person on behalf of the Company under or by virtue of the said deed of settlement before this Act shall come into operation but the same call contract act deed matter or thing shall be as valid and effectual to all intents and purposes and may be enforced in like manner as if the Company had been incorporated before the same call contract act deed matter or thing had been made entered into or done. 15. The shares in the capital of the Company and all the funds and property of the Company and all shares therein shall be personal estate and transmissible as such subject to the restrictions for that purpose contained in the said deed of settlement and shall not be of the nature of real estate. Transfer of 16. Subject to the restrictions f Or this purposo in the said deed of dS^ ^° ^"^ ^^ settlement contained every shareholder may sell and transfer all or any of his shares in the capital of the Company (but not a fractional part of a share) and every such transfer shall be by deed and according to a form to be approved of by the directors and the transferee of such shares shall so soon as he has complied with the provisions relative to the transfer of shares contained in the said deed of settlement become a shareholder in respect of the same shares in every respect. 17. The Company shall not be bound to notice or see to the execu- tion of any trust whether express implied or constructive to which any share may be subject and the receipt of the party in whose name any such share shall stand in the books of the Company or if it stands in the name of more parties than one the receipt of one of the parties named in the shareholders register-book hereinafter mentioned shall from time to time be a suiEcient discharge to the Company for any dividend or other sum of money payable in respect of such share not- withstanding any trust to which such share may then be subject and notwithstanding the Company have had notice of such trusts and the Company shall not be bound to see to the application of the money paid upon such receipt. 18. In case the assignees of any insolvent shareholder shall elect to accept the shares of such insolvent or in case the trustees of any estate assigned for the benefit of creditors shall elect to accept the 'Company not^ bound to regard trusts. The assignee of insolvent share- holder and the trustees of NEW SOUTH WALES SHALE AND OIL COMPANY. 837 shares belonging to such assigned estate suoli assignees or trustees 35 Victoria. shall forthwitli nominate some other person to become a proprietor in assigned estates respect of such shares such nominee to be subject to the approval of t" nominate the directors But in no case shall such assignees be themselves beconfe^pro" entitled to become shareholders in respect of the shares of any insolvent ^[3^^^^" of such shareholder nor shall such trustees be themselves entitled to become insolvent or shareholders in respect of the shares belonging to any estate assigned ■'^^^'S"'"^ estate. for the benefit of creditors. 19. In any action or suit to be brought by the Company against any neoiaratien in shareholder to recover the money due for any call made by virtue of action for calls, this Act or of the said deed of settlement it shall not be necessary to set forth the special matter but it shall be suificient for the Company to declare that the defendant is the holder of one share or more in the capital of the Company (stating the number of shares) and is indebted to the Company in the sum to which the calls in arrear shall amount in respect of one call or more upon one share or more (stating the number and amount of each of such calls) and interest if any due thereon whereby an action hath accrued to the Company. 20. On the trial or hearing of such action or suit it shall be suffi- Matter to be cient to prove that the defendant at the time of making such call was P™^^f[ '" ^'^'''°° a holder of one share or more in the capital of the Company and that such call was in fact made and such notice thereof given as is provided for that purpose in the said deed of settlement and it shall not be necessary to prove the appointment of the directors who made such call nor any other matter whatsoever and thereupon the Company shall be entitled to recover what shall be due upon such call with interest thereon. 21. The Company shall keep a book to be called the Shareholders' Registry of Eegister-bools: and in such book shall be fairly and distinctly entered shareholders, from time to time the names and addresses of the several persons entitled to shares in the Company together with the number of shares to which such shareholders shall be respectively entitled. 22. The production of the shareholders register-book shall be shareholders admitted in all Courts of civil and criminal jurisdiction as prima facie register-book to evidence of the person named therein as a shareholder being such shareholder and of the number of his shares and every shareholder or other person having a judgment at law or a decree in equity against the Company may at all convenient times peruse the shareholders register-book gratis and may require a copy thereof or any part thereof and for every one hundred words so required to be copied the Company may demand a sum not exceeding one shilling. 23. In every case dividends or bonuses shall be declared and paid Dividends to out of the net gains and profits of the Company and not out of the '"j" p™"'^ capital for the time being of the Company or any portion thereof. 24. If any execution either at law or in equity shall be or shall have Execution been issued against the property or effects of the Company and if ^^5J"Jg *^^' there cannot be found after due diligence sufficient whereon to levy such execution then such execution may be issued against any of the shareholders for the time being or any former shareholder until such execution shall be fully satisfied Provided that no such execution shall be issued against any shareholder or former shareholder for any amount beyond the sum for which such shareholder shall be liable under section twenty-seven of this Act Provided always that no such 838 NEW SOUTH WALES SHALE AND OIL COMPANY. 36 VicTOEiA. execution shall issue against any such shareholder or former share- holder except upon an 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 in writing to the person sought to be charged and upon such motion such Court may order execution to issue accordingly Provided further that in case of exe- cution against any former shareholders it shall be shown that such former shareholder was a shareholder of the Company at the time when the contract or engagement was entered into for breach of which contract or engagement such execution shall have issued or become a shareholder during the time such contract or engagement was unexe- cuted or unsatisfied or was a shareholder at the time the judgment or decree was obtained upon which judgment or decree such execution shall have been issued Provided also that in no case shall such exe- cution be issued against the person property or effects of any former shareholder after the expiration of one year after the person sought to be charged shall have ceased to be a shareholder of the Company. Reimbursement 25. Every shareholder against whom or against whose property or of shareholders. pe i_ ,• -i .i ^ t j_ ■ ^ ir eftects execution upon any judgment decree or order obtained as afore- said shall have been issued as aforesaid shall be entitled to recover against the Company all losses damages costs and charges which such shareholder may have incurred by reason of such execution and that after due diligence used to obtain satisfaction thereof against the property and effects of the Company such shareholder shall be entitled to contribution for so much of such loss damages costs and charges as shall remain unsatisfied from the several other shareholders against whom execution upon such judgment decree or order obtained against the Compauy might also have been issued under the provisions in that behalf aforesaid and that such contribution may be recovered from such shareholders as aforesaid in like manner as contribution in ordinary cases of co-partnership. 26. In the cases provided by this Act for execution or any judgment decree or order in any action or suit against the Company to be issued against the person or against the property and effects of any share- holder or former shareholder of the Company or against the property and effects of the Company at the suit of any shareholder or former shareholder in satisfaction of any money damages costs and expenses paid or incurred by him as aforesaid in any action or suit against the Company such execution maybe issued by leave of the Court or of a Judge of the Court in which such judgment decree or order shall have been ob- tained upon motion or summons for a rule to show cause or other motion or summons consistent with the practice of the Court without any sug- gestion or scire facias in that behalf And that it shall be lawful for such Court or Judge to make absolute or discharge such rule or allow or dismiss such motion (as the case may be) and to direct the costs of the application to be paid by either party or to make such other order therein as to such Court or Judge shall seem fit and in such cases such forms of writs of execution shall be sued out of the Courts of law and equity respectively for giving effect to the provisions in that behalf aforesaid as the Judges of such Courts respectively shall from time to time think fit to order and the execution of such writs shaU be enforced in like manner as writs of execution are now enforced Provided that any order made by a Judge as aforesaid may be discharged or varied by the Court on application made thereto by either party dissatisfied with such order Provided Execution against share- holder for con- tributions. NEW SOUTH WALES SHALE AND OIL COMPANY. 839 also that no such motion shall be made nor summons granted for the 36 Victobia. purpose of charging any shareholder or former shareholder until ten days' notice thereof shall have been given to the person sought to be charged thereby. 27. Each shareholder in the said Company for the time being shall ¥''''''''y,°' subject to the proviso next hereinafter contained be liable to contribute ^ to the assets of the Company or to meet its liabilities to such an amount only as (if any) shall be then actually unpaid on the shares held by him or her Provided always that in the event of the assets of the Company being insufficient to meet its engagements the share- holders shall in addition to the amount already paid and to be paid upon their shares in the capital of the said Company be Liable for a further or additional amount of one pound for every share held by him or her in the Company and no shareholder shall at any time be liable with respect to the transactions or liabilities of the Company beyond such unpaid amount and such additional amount to the extent lastly before- mentioned. 28. In all cases in which by any Act of Parliament or of the Power to man- Colonial Legislature or by any rule or order or the practice of the o^oer'^j^'do' Supreme Court or any other Court now or hereafter to be in force in certain acta, this Colony the plaintiff complainant or defendant in any action suit or other proceeding civil criminal or otherwise or any creditor of an insolvent estate or any person being a party to or interested in any process or proceeding whatsoever is or shall be authorized empowered or required to make any affidavit deposition or information or to sign or ptesent any petition or to do any other act it shall be lawful and competent for the manager or other officer or agent of the Company (where such Company shall be such plaintiff complainant defendant or creditor or be a party to or otherwise interested in any process or proceeding whatsoever as aforesaid) for and on behalf of the Company to make any such affidavit deposition or information sign or present any such petition or do any such other act as aforesaid. 29. The directors for the time being shall have the custody of Custody and use the common seal of the Company and the form thereof and all other seau"^"™ matters relating thereto shall from time to time be determined by the directors in the same manner as is provided by the said deed of settlement for the determination of other matters by the directors And the directors present at a board of directors of the Company shall have power to use such common seal or authorize the same to be used for the affairs and concerns of the Company and under such seal to authorize and empower any person without such seal to execute any deeds and do all or any such other matters and things as may be required to be executed and done on behalf of the Company in conformity with the provisions of the said deed of settlement and of this Act but it shall not be necessary to use the corporate seal in respect of any of the ordinary business of the Company or for the appointment of an attorney or solicitor for the prosecution or defence of any action suit or proceeding or of any officer or servant of the Company and such seal may be affixed to any deed or document by the hand of any person whom the directors shall appoint in that behalf and the affixing thereof shall be attested by at least one director and such person so appointed. 30. In citing this Act in other Acts of Parliament and in legal short title of instruments it shall be sufficient to use the expression "The New ■'^°'" South Wales Shale and Oil Company's Act 1873.'^ 840 NEWTOWN OMNIBUS COMPANY'S (LIMITED) INCORPORATION. 37 Victoria. An Act to incor]3orate the " Newtown Omnibus Com- pany (Limited)" and for other purposes therein mentioned. [10 March, 1874.] Preamble. "VTTHEEEAS a Joint Stock Company called the Newtown Omnibus VV Company has lately been established in Newtown in the Colony of New South Wales in accordance with and subject to the rules regulations and provisions contained in a certain deed of settle- ment bearing date the twenty-first day of October one thousand eight hundred and seventy-one and purporting to be the deed of settlement of the said Company for the purpose of running and employing omni- buses and other vehicles in carrying passengers goods and other traffic to and from Sydney Marrickville Stanmore and Cook's Eiver And whereas by the said deed of settlement the several parties thereto have respectively and mutually convenanted and agreed that they should whilst holding shares in the capital of the said Company become and continue until dissolved under the provisions in that behalf therein contained a joint stock Company under the name style and title of the Newtown Omnibus Company And whereas it was by the said deed of settlement agreed that the capital of the said Company should (until increased under the provisions in the said deed of settlement contained) consist of six thousand pounds sterling to be contributed in six thousand shares of one pound each And whereas by the said deed provision hag been made for the due manage- ment of the affairs of the said Company by certain directors and auditors already appointed and by other directors and auditors to be from time to time elected and appointed as their successors by the shareholders of the said Company And whereas the said Company is desirous of being incorporated as a Company with limited liability 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 SouthWales in Parliament assembled and by the authority of the same as follows : — 1. The following words and terms within inverted commas shall throughout this Act have the several meanings hereby assigned to them unless such meanings should be respectively inconsistent with the context or subject matter (that is to say) — The word " Company " shall mean the Company incorporated by this Act. The word " directors " shall mean the board of directors of the Company duly appointed under the provisions of the deed of settlement of the Company. The word " shareholder " shall mean shareholder proprietor or member of a Company. The term " deed of settlement " shall mean the deed of settlement of the Company and any addition to alteration or amendment thereof which may be made in pursuance of the provisions o£ the said deed. Interpretation of terms. Company. Directors. Shareholder. Deed of settle- ment. NEWTOWN OMNIBUS COMPANY. S4<1 2. The persons who have already become or who at any time or times 37 Victoeia. hereafter shall (in manner provided by and subject to the rules incorporation of regulations and provisions contained in the said deed of settlement) Company. become holders of shares of or in the capital for the time being of the Company and who shall have executed the said deed of settle- ment shall subject to the conditions regulations and provisions in this Act and in the said deed of settlement contained become and be a body politic and corporate with limited liability as hereinafter provided under the name style and title of the Newtown Omnibus Company (Limited) and by that name shall and may take and grant assurances (absolute or otherwise) demises or assignments of any lands hereditaments goods chattels and effects whatsoever And shall and may sue and implead and present or make any petition or motion and institute carry on and conclude any proceeding at law or in equity and in any branch or jurisdiction of the Supreme Court and in any other Court whatsoever either now or hereafter to be established against any person whether a member of the Company or not and may be sued and impleaded by any person whether a member of the Com- pany or not in all Courts whatsoever at law or in equity and may prefer lay and prosecute any indictment information or prosecution against any person whomsoever whether a shareholder or not for any crime or offence whatsoever and in all indictments informations and prosecutions it shall be lawful to state the money goods effects bills notes securities or other property of whatsoever nature of the Com- pany relative to which such indictment information or prosecution is preferred laid or prosecuted to be the money goods effects bills notes securities or other property of the Company and generally to designate the Company by its corporate name whenever for any purpose what- soever such designation shall be necessary and expedient And the Company shall have perpetual succession and a common seal which may be altered varied or changed from time to time at the pleasure of the Company or of the directors thereof. 3. The several rules regulations covenants stipulations and agree- Confii™ation of ments contained in the said deed of settlement or which may be made ment whereof in pursuance of the provisions in that behalf therein contained are and made^jMaw™ shall be the by-laws for the time being of the Company except in so for the time far as any of the same are or may be altered varied or repealed by or company."^ are or shall be inconsistent with or repugnant to any of the pro- visions of this Act or of any of the laws or statutes now or hereafter : to be in force in the said Colony Provided nevertheless that such rules regulations covenants stipulations and agreements may be amended altered or repealed either wholly or in part in the manner provided by the said deed of settlement But no rule or by-laws shall on any account or pretence whatsoever be made by the Company either underorby virtue of the said deed of settlement or of this Act in opposition to the general scope or true intent and meaning of the said deed of settlement or of this Act or of any of the laws or statutes in force in the said Colony Provided always that no clause in the deed of settle- ment or any by-law made in pursuance of the said deed or of this Act shall be taken to affect any person who has not executed the said deed or to affect the cestui que trust of any share in the Company. 4. The production of a written or printed copy of the said deed of settle- Evidence of ment or of any rules by-laws or regulations which may be made in pur- ^'" ^™' suance thereof or in pursuance of this Act having the common seal of 842 NEWTOWJSr OMNIBUS COMPANY. 37 "Victoria, the Company affixed thereto shall be sufficient evidence in every Court of civil or criminal jurisdiction of such deed of settlement or of such rules by-laws or regulations of the said Company for the time being And at the time of the affixing thereto of the said seal of the Company and the certificate of the manager for the time being of the time at which the said seal shall have been affixed to the said printed copy shall be evi- dence of the fact of the seal having been affixed at the date or time at which it purports to have been affixed And the provisions rules by- laws and regulations contained in such printed copy shall be taken and held in any and every Court in which the same shall be produced to be the then continuing existing and unaltered rules by-laws and regula- tions unless the contrary shall be proved. Increase of capital. Power to pur- chase and hold lands &c. 5. It shall be lawful for the Company from time to time to extend or increase its capital for the time being by the creation and disposal of new shares in the manner and subject to the conditions specified in the said deed of settlement. 6. It shall be lawful for the Company to purchase take hold and enjoy to them and their successors for any estate term of years or interest or under license any lands houses offices buildings or hereditaments as may be necessary or proper for the purpose of managing conducting and carrying on the business of the Company and to sell mortgage convey assign assure demise or otherwise dispose of or act in respect of such lands houses offices buildings and hereditaments as occasion may require And no person purchasing or taking any assurance (absolute or otherwise) demise or assignment of any property real or personal from the Company shall be bound to inquire as to the neces- sity or advisability of any such assurance demise or assignment and the receipt of the manager for the time being of the said Company for any money paid on or with respect to any such assurance demise or assign- ment shall absolutely discharge the person taking the same from seeing to the application of any such money paid by him thereon or with respect to the same and from being in any way answerable or account- able for any non-application or misapplication thereof Provided that such person was not at the time of the giving of any such receipt a party to or cognizant of any such non-application or misapplication or contemplated or intended non-application or misapplication of any such money or any part thereof. Power to borrow. 7. It shall be lawful for the directors from time to time as they shall see fit in the manner specified in the deed of settlement to make accept and indorse such promissory-notes or bills of exchange on behalf of the Company for any purposes connected with the affairs and business of the Company and the making accepting and indorsing of any such promissory-notes or bills of exchange by the chairman of the Com- pany and at least one other director authorized in that behalf by the directors for and on behalf of the Company shall be binding on the Company And it shall be also lawful for the directors on behalf of the Company to procure advances and to borrow money and to pay off and discharge such advances in the manner for the purposes and subject to the restrictions specified in the said deed of settlement. Devestment of 8. All the lands goods chattels securities covenants debts moneys teera"d"ieSg d^oses in action property and things at present vested in the trustees of same in cor-° of the Company or any other person on behalf of the Company shall poration. immediately after the passing of this Act become vested in the NEWTOWN OMNIBUS COMPANY. 843 Company for the same estate and interest and with the like powers 37 Victokia. and authorities as the same are now vested in the said trustees or other person without any assignment or conveyance whatever. 9. It shall and may be lawful to and for all and every person or power to other persons bodies politic or corporate who are or shall be otherwise com- ^ly^toCompany. petent to grant sell alienate and convey assure and dispose of unto and to the use of the said corporation and their successors for the purposes aforesaid or any of them any houses lands hereditaments and other real estate whatsoever as aforesaid. 10. Nothing in this Act contained shall extend to prejudice or affect Act not to pre- any call made or any contract or other act deed matter or thing j^^^re^v"'"'^ entered into made or done by the Company or by any person or entered into, persons on behalf of the Company under or by virtue of the said deed of settlement before this Act shall have come into operation but such call contract act deed matter and thing shall be as valid and effectual to all intents and purposes and may be enforced by or against the Company in like manner as if the Company had been incorporated before such call contract act deed matter or thing had been made entered into or done. 11. Each shareholder in the said Company for the time-being shall Liability of be liable to contribute to the assets of the Company or to meet its shareholders, liabilities to an amount not exceeding the amount of the shares held by him or her and no shareholder shall at any time be liable with respect to the transactions or liabilities of the Company beyond such amount. 12. The shares in the capital of the Company and aU the funds shares to be and property of the Company and all shares therein and the profit and personal estate. advantage to be derived therefrom shall be personal estate and trans- missible as such subject to the provisions and restrictions contained in the said deed of settlement. 13. Subject to the provisions and restrictions in that behalf con- Transfer of tained in the said deed of settlement every shareholder may sell and ^^^^^ *" ''^ ^^ transfer all or any of his shares in the capital of the Company (but not a fractional part of a share) and every such transfer shall be by deed and according to a form to be approved of by the directors and the transferee of such shares shall so soon as he has complied with the requirements and provisions relative to the transfer of shares and subject to the conditions restrictions and provisions in that behalf con- tained in the said deed of settlement become a shareholder in respect of the same shares to all intents and purposes. 14. The Company shall not be bound to notice or see to the execu- company not tion of any trust whether express implied or constructive to which bound to regard any share may be subject and the receipt of the person in whose name any such share shall stand in the books of the Company or if the same shall stand in the names of more persons than one then the receipt of one of the persons named in the shareholders register-book hereinafter mentioned shall from time to time be a sufficient discharge to the Company for any dividend or other sum of money payable in respect of such share notwithstanding the Company have had notice of such trusts And the Company shall not be bound to see to the application of the money paid upon such receipt or be in any way answerable for the non-application or misapplication thereof. 844 NEWTOWN OMNIBUS COMPANY. 37 Victoria. Assignee of in- solvent sliare- holder and trustees of assigned estates to nominate pro- prietor of shares in insolvent or assigned estates. Pleading in aetion against sliareholder for calls. Proof in action for calls. 15. In case the assignees of any insolvent shareholder shall elect to accept the shares of such insolvent or in case the trustees of any estate assigned for the benefit of creditors shall elect to accept the shares belonging to such assigned estate such assignees or trustees shall ■forthwith nominate some other person to become a proprietor in respect of such shares (such nominee to be subject to the approval of the directors) But in no case shall such assignees be themselves entitled to become shareholders in respect of the shares of any insolvent share- holder nor shall such trustees be themselves entitled to become share- holders in respect of the shares belonging to any estate assigned for the benefit of creditors. 16. In any action or suit which shall be brought by the Company against any shareholder to recover the money due upon any call made by virtue of this Act or of the said deed of settlement it shall not be necessary to set forth the special matter but it shall be sufficient for the Company to declare that the defendant is the holder of one or more share or shares in the capital of the Company (stating the number of shares) and is indebted to the Company in the same to which the calls in arrear shall amount in respect of one or more call or calls upon one or more share or shares (stating the number and amount of each of such calls) whereby an action has accrued to the Company. 17. On the trial or hearing of such action or suit it shall be sufficient to prove that the defendant at the time of making such call as afore- said was. a holder of one share or more in the capital of the Com- pany and that such call was in fact made and such notice thereof given as is provided in that behalf by the said deed of settlement And it shall not be necessary to prove the appointment of the directors nor the making of such call by any person or persons nor any other matter whatsoever And thereupon the Company shall be entitled to recover the amount due upon such call together with interest thereon. 18. The Company shall keep a book to be called the " Shareholders Eegister-book " and in such book shall be fairly and distinctly entered from time to time the names and addresses of the several persons holding shares in the Company together with the number of shares held by such shareholders. Shareholders 19. The production of the shareholders register-book shall be ad- be evidence. mittted ill all Courts of civil and criminal jurisdiction as prima facie evidence of the person named therein as a shareholder being such shareholder and of the number of his shares and of the fact of the person sued for a call or calls being the person mentioned in the said register-book as such shareholder And every shareholder or other person having a judgment at law or a decree in equity against the Com- pany may at all convenient times peruse the shareholders register-book gratis and may require a copy thereof or of any part thereof and for every one hundred words so required to be copied the Company may demand a sum not exceeding one shilling. Dividends to be 20. In every case dividends or bonuses shall be declared and paid Sniy.'"^"" P™^*^ out of the net profits made by the Company from time to time and not out of the capital for the time being of the Company or any portion thereof. 21. If any execution either at law or in equity shall be or shall have been issued against the property or effects of the Company and if there cannot be found after due diligence sufficient whereon to levy such execution . then such execution may subject to the provisions of the Shareholders register-book. Execution against share- holders. JSTEWTOWN OMNIBUS COMPANY. 845 twenty-tMrd section of tliis Act be issued against any of the share- 37 Viotokia. holders for the time being or any former shareholder imtil such esecu- tion shall be fully satisfied Provided that no such execution shall be issued against any shareholder or former shareholder for any amount beyond the sum due by such shareholder in respect of the amount subscribed for and unpaid by him and a further sum equal to the amount so subscribed for Provided always that no such execution shall issue against any such shareholder or former shareholder exeept upon an order of the Court in which the action suit or other pro- ceeding shall have been brought or instituted made upon motion in open Court after suf&cient notice in writing to the person sought to be charged And upon such motion such Court may order execution to issue accordingly Provided further that in case of execution against any former shareholder it shall be shown that such former shareholder was a shareholder of the Company at the time when the contract or engagement was entered into for breach of which contract or engage- ment such execution shall have issued or became a shareholder during the time such contract or engagement was unexecuted or unsatisfied or was a shareholder at the time the judgment or decree was obtained upon which judgment or decree such execution shall have issued Provided also that in no case shall such execution be issued against the person property or effects of any former shareholder after the expiration of one year after the person sought to be charged shall have ceased to be a shareholder of the Company. 22. Every shareholder against whom or against whose property or Eeimbursementa eif ects execution upon any judgment decree or order obtained as afore- °* shareholders. said shall have issued as aforesaid shall be entitled to recover from the Company all loss damages costs and charges incurred by him by reason of such execution And after due diligence used to obtain satisfaction therefore against the property and effects of the Company and failure to obtain the same either wholly or in part such shareholder shall be entitled to contribution for so much of such loss damages costs and charges as shall remain unsatisfied from the several other shareholders against whom execution upon, such judgment decree or order as afore- said might also have issued under the provisions in that behalf herein- before contained And the amount of such contribution may be recovered from such shareholders as aforesaid by action at law for money paid for and to the use of such shareholders as and by way of contribution And no defendant in any such action shall be entitled to raise or set up the defence of partnership. 23. In any of the aforesaid cases of execution on any judgment Execution decree or order as aforesaid issued against the person or property and holders for'^' effects of the Company at the suit of any shareholder or former share- contributions. holder in satisfaction of any money damages costs and expenses paid or incurred by him in any action or suit against the Company as afore- said such execution may be issued by leave of the Court or a Judge of the Court in which such judgment decree or order shall have been obtained upon motion or summons for a rule to shew cause or other motion or summons according to the practice of the Court without any ■suggestion or scire facias in that behalf And it shall be lawful for such Court or Judge to make absolute or discharge such rule or allow or dismiss such motion (as the case may be) and to direct the costs of the application to be paid by either party or to make such other order therein as to such Court or Judge shall seem fit And in case sm NEWTOWN OMNIBUS COMPANY, Power to manager and others to do certain acts. 37 Victoria, the Court or Judge shall order or allow such writ of execution to issue such writ shall in the form and according to the practice in use for the time being of the respective Court be sued out at the instance of such shareholder upon leave or order of the Court or Judge And every such writ shall be enforced and levy thereunder made and carried out and the property levied on sold and disposed of in like manner as writ of execution levies thereunder and property levied are now or from time to time and at any time shall be according to the practice for the time being of such Court of law or equity enforced made and carried out and disposed of respectively Provided that any order made as aforesaid may be discharged or varied by the Court on appli- cation made thereto by either party dissatisfied with such order. 24. In all cases in which by any Act of Parliament Imperial or Colonial or by any rule or order or by the practice of the Supreme or any other Court now or hereafter to be in force in this Colony the plaintiff complainant or defendant in any action suit or other proceed- ing civil criminal or otherwise or any creditor of an insolvent estate or any person being a party to or interested in any process or proceeding whatsoever is or shall be authorized empowered or required to make any affidavit deposition or information or to sign or present any petition or to do any other act it shall be lawful for the manager or other officer or agent of the Company (where the Company shall be such plaintiff complainant or defendant or creditor or be a party to or other- wise interested in any process or proceeding as aforesaid) to make sign present or do any such affidavit deposition information petition or other act respectively. 25. The directors shall have the custody of the common seal of the 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 by the said deed of settlement for the determina- tion of other matters by them And the directors present at a board meeting of the Company shall have power to use such common seal or to authorize the same to be used for the affairs and concerns of the Company and under such seal to authorize and empower any person without such seal to execute any deed and to do all or any such other matters and things as may be required to be executed and done on behalf of the Company in conformity with the provisions cf the said deed of settlement and of this Act But it shall not be necessary to use the corporate seal in the drawing accepting maldng or endorsing any bill of exchange or promissory-note but the same shall and may be drawn accepted made or indorsed as provided in the said deed of settlement And it shall not be necessary to use the said corporate seal in resjDect of or for the purposes of transacting any of the ordinary busineas of the Company or for the appointments of an attorney or solicitor for the prosecution or defence of any action suit or proceed- ing or of any officer or servant of the Company and such seal may be affixed to any deed or document by the hand of any person whom the directors shall appoint in that behalf and the affixing thereof shall be attested by at least one director and such person so appointed. 26. This Act may be cited for all purposes as the " Newtown Omni- bus Company's (Limited) Incorporation Act 1874" And in every instrument or document whatsoever executed or issued by the Com- pany the word " Limited " shall be added to and form part of the designa- tion of the Company. Custody and use of corporate Short title of Act &c. 847 NOETH SHOEE GAS. An Act to enable Charles Watt and James "Walter Eell 39 Victoria. to construct Gasworks within the Municipalities of East Saint Leonards Victoria Saint Leonards and North Willoughby. [23 February, 1876.] WHEREAS it is expedient that the Municipalities of East Saint preamble. Leonards Victoria Saint Leonards and North Willoughby being suburbs of the city of Sydney in ihe Colony of New South Wales should be supplied and lighted with gas And whereas Charles Watt and James Walter Eell hereinafter designated the promoters desire to establish and carry out works for such purposes and other purposes incidental thereto in the said municipalities 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 promoters are hereby fully authorized and empowered them- Authority to selves or by their servants contractors agents workmen and others from toTrea^up^'"'^' time to time to make erect sink lay place fit maintain and repair such streets roads &c. retorts gasometers meters receivers cisterns engines machines cuts drains sewers watercourses pipes reservoirs buildings and other works and devices of such construction and in such manner as the promoters shall think necessary or proper for the purpose of carrying out the operations of the promoters in respect of and incidental to the making and supplying of gas in conformity with this Act and also for all such purposes to open and break up the soil and pavement of the several streets and bridges within the limits of the municipalities aforesaid and to open and break up any sewers drains or tunnels within or under such streets and bridges and to erect posts pillars lamps lamp-irons and other apparatus in or upon the same streets and bridges or against any wall or walls erected on or adjoining to any of them and to dig and sink trenches and drains and to lay mains and pipes and put stop-cocks siphons plugs or branches from such mains or pipes in under across or along such streets and bridges and also with such consent as hereinafter mentioned to do the like in under across or along any private roads ways lanes passages buildings and places and from time to time to cut stop remove alter repair replace and relay such main-pipes stop-cocks siphons plugs branches or other apparatus Provided always that nothing in this section Contained shall be deemed to authorize the promoters their servants contractors agents or workmen to enter into or upon any private lands buildings or places for any of the purposes aforesaid or thereon to carry out any of the operations of the promoters without the previous consent in writing of the owners and occupiers thereof except that the promoters may at any reasonable time by them- selves their servants agents or workmen enter upon any land or place wherein any pipe hath already been lawfully laid down or placed in pursuance of this Act and repair or alter the existing pipe or lay or place any new pipe in the stead thereof And provided also that the promoters shall give forty-eight hours notice in writing to the Council 848 NOETH SHOEE GAS. 39 ViCTOKIA. Power to make contracts for the supply of gaa. And carrj' out works for that purpose. Occupier ohstructing removal of apparatus. Fraudulent use of gas obstruc- tion of workmen damages to apparatus. Clerk of the municipality prior to the opening or breaking up as aforesaid of any street road pavement sewer drain or tunnel within the said municipality. 2. It shall be lawful 'for the promoters to contract with any person (whether incorporate or iadividual) for supplying with gas any such person or any street way lane passage manufactory shop warehouse public or private house building or place and for such purpose from time to time to lay down carry fit up connect and furnish any pipe branch or burner lamp meter or other apparatus from or in connection with any main pipe or to lay down any new main which for such purposes may be required and to let any such apparatus for hire for such sum as may be agreed upon which sum may be recovered in like manner as any rent or remuneration for the supply of gas Provided always that in all cases where damage may be done by the promoters their agents workmen or others in the course of laying on or removing apparatus the said damage shall be made good at the expense of the promoters and in case they shall delay within a reasonable time to make good such damage the owner or occupier of such premises may make good the same and recover the expense thereof from the said promoters in the same manner as is herein provided for the recovery of any sum of money payable under the provisions of this Act Provided also that if any owner or occupier of any building tenement or place or any person acting for him shall refuse reasonable access in pursu- ance of the provisions of this section or the fifth section of this Act to the contractors agents workmen or servants of the promoters for the purpose of removing any such pipe burner meter or apparatus placed or introduced into any such building tenement or place by the pro- moters or shall prevent or obstruct such removal then the said owner occupier or person acting for him shall immediately make payment to the promoters for such pipe burner meter or apparatus and in default of his so doing within three days after demand thereof made at the same building tenement or place or the residence of the party it shaU. be lawful for the promoters to make complaint thereof before any Justice of the Peace who may cause to be issued a summons to the person so making default calling on him to show cause before the Court of Petty Sessions of the police district where the building tenement or place is situated why he refuses to pay such demand and thereupon the said Court shall proceed to the adjudication and enforcement of such demand in the manner hereinafter set forth And if any person shall place or lay any pipe to communicate with any main-pipe meter or other apparatus already laid placed or erected by the said promoters or shall use additional burners or burners of larger dimensions or of other kind or description than that he has contracted with the promoters to use or shall keep the gas supplied by the promoters burning for a longer time than he has contracted with the promoters to pay for or shall supply any person with any of the gas supplied to him by the promoters without their consent in writing first obtained or if any person shall wantonly or maliciously hinder or interrupt the contractors workmen agents or servants of the promoters in legally doing or performing any of the acts aforesaid or in exercising the powers and authorities by this Act given or if any person shall wilfully negligently or accidentally do or cause to be done any injury or damage to any of the buildings machinery pipes burners lamps meters or apparatus of the promoters or remove the same or cause a waste or improper use of gas supplied by the promoters it shall be lawful for the promoters to make a NORTH SHOEE GAS. 849 complaint thereof before any Justice of tlie Peace who may cause to be 39 Victoria. issued a summons to the person so offending to appear before the Court of Petty Sessions of the police district where such offence shall be committed and being thereof lawfully convicted such person shall forfeit and pay to the promoters any sum not exceeding five pounds over and above all damages done and over and above all costs such sum to be ascertained by such Court and to be enforced by distress and all proceedings under this Act not herein expressly provided for shall be regulated and conducted in accordance with the powers of the law in force for the time being respecting summary proceedings before Justices of the Peace and all such provisions shall so far as the same are appli- cable be enforced and observed in all proceedings under this Act not herein expressly provided for. 3. No pipe burner lamp meter or other apparatus of the promoters Apparatus not being set up in any building tenement or place shall be subject to dis- execution &c. tress for rent or shall be taken in execution under any process or pro- ceeding of any Court of law or equity or under any proceedings in bankruptcy or insolvency save so far as any processes or proceedings against the promoters are concerned. 4. When and so often as the promoters their servants contractors Materials of agents or workmen shall have opened broken up or removed the soil or \,roicen to be pavement of any street or bridge as aforesaid or shall have opened or replaced, broken up any sewers drains or tunnels within or under any such streets - or bridges the promoters shall make all reasonable despatch in perform- ance of the work to be done and shall on completion of such work forthwith carry away all rubbish and waste or surplus material and rein- state such pavement stone or other material and render such street or bridge and every such sewer drain and tunnel within or under the same as nearly as possible in the same condition as it was in previously to the disturbance thereof and during the continuance of such work and Barriers and until such reinstatement the promoters shall set up sufficient barriers ^^^^ '° ^^ ''^p*' and keep lights burning at night in order to prevent accidents And Nuisances. also when and so often as any gas pitch waste tar waste liquid or other things shall escape or flow from any pipe receivers or drain being part of or incidental to the works to be erected under this Act so as to con- taminate the air or any stream springer other watercourse or body of water natural or artificial and render the same unhealthy or offensive or unfit for use it shall be lawful for any person to give notice thereof in writing to the promoters who shall immediately take the most speedy and effect- ual measures to prevent or remedy the same and if the promoters shall make default in any of the matters so required by him to be performed it shall be lawful for any person to lodge complaint thereof 'before any Justice of the Peace who may summon the promoters before the nearest Court of Petty Sessions and on proof of such default the said Court of Petty Sessions shall order and direct that the said matters shall be done by the promoters within a reasonable time to be named by such Court and in default of compliance with such order any Justice of the Peace on proof of such default on the part of the promoters and on proof that the complainant or any other person has performed the said work so to be done and of the costs charges and expenses attending the same shall issue a distress warrant against the goods and chattels of the pro- moter for any amount not exceeding the said charges and expenses and the cost of prosecuting such complaint to be paid to the person per- forming the said work as aforesaid. 3 H 850 NORTH SHOEE GAS. 39 Victoria. 5. It shall he lawful for the promoters to cut off and take away the Power to cut off supply of gas from the building tenement or other place of every person gas of defaulter, qj, ])odLj making default in payment after giving twenty-four hours' notice to the occupier and thenceforth to discontinue the supply of gas contracted for with the promoters by such person or body and to enter by himself his agents or workmen into such building or tenement or place between the hours of nine in the forenoon and four in the after- noon and remove and carry away any pipe burners lamp meter or other apparatus the property of the promoters and the promoters shall have the like powers with regard to cutting off taking away and discontinu- ing the supply of gas in the case of the building tenement or place of any person who shall have been lawfully convicted as hereinbefore provided of any fraudulent injury to any meter or apparatus on such Remedy for premises or fraudulent use of the gas of the promoters And in case recovery of rents ^ny person or body who shall contract with the promoters or agree to take or shall take or use the gas of the promoters in any building tenement or place or otherwise shall refuse or neglect to pay the sum or sums of money then due under his or their contract for the same to the promoters according to the terms and stipulations thereof it shall be lawful for the promoters to make complaint of such refusal or neglect before any Justice of the Peace who may cause to be issued a summons to the party so refusing or neglecting calling on him or them to show cause before the Court of Petty Sessions in the police district in which such building tenement or place is situated or such user took place why he or they refuses or refuse to pay such sum or sums and thereupon the said Court shall proceed to the adjudica- tion of the said complaint and enforcement of the said demand and costs charges and expenses incurred in the prosecution thereof by distress and sale of the goods and chattels of the person or body so refusing or neglecting to pay. Right of officer 6. The clerk engineer or other officer duly appointed for such toenterpremisea p^jpQgg "[jy ^]^q promoters may at all reasonable times enter any building tenement or place lighted with gas supplied by the promoters in order to inspect the pipes burners lamps meters or other apparatus of or connected with the works of the promoters to regulate the supply of gas or to ascertain the quantity of gas consumed or supplied and if any person shall hinder any such officer as aforesaid from so entering or making such inspection as aforesaid at any reasonable time such person shall for every such offence forfeit and pay to the promoters a sum of money not exceeding five pounds to be awarded and recovered by the promoters in like manner as the penalties aforesaid. Appeal. 7. Any person may appeal from the judgment or conviction of any Court of Petty Sessions under this Act in the form and manner set forth in the Act of Council fifth William the Eourth number twenty- two. General rights 8. Nothing in this Act contained shall be construed to prevent motere reserved. ^'°-J Person from indicting or otherwise proceeding either civilly or ' criminally against the promoters for nuisance or otherwise in respect of the works or means used or employed by the promoters in exercising the privileges hereby on them conferred or to prevent the promoters or any person from recovering any sum of money or otherwise proceeding in any Court of competent jurisdiction but the promoters or any person to whom any penalty or sum of money made by the provisions of this Act be awarded may elect either to proceed in manner in this Act O'DOTJD'S ESTATE LEASING. 851 provided or to proceed for and recover damages or otherwise in any 39 Victoeia, Court of competent jurisdiction nor shall anything herein contained limit restrict or in any manner affect the right of any municipality or of any other person or Company hereafter empowered by the Legislature to supply gas to the said municipalities or other place or to exercise any power which it may be deemed expedient or necessary to grant for that purpose. 9. The following words and expressions in this Act shall have interpretation the meaning hereby assigned to them unless there be something either ° ™^^' in the subject or context repugnant to such construction The word " promoters" shall mean the said Charles Watt and James Walter Eell their representatives or assigns owners for the time being of the North Shore Q-asworks The expression " North Shore G-asworks" shall mean the gasworks and the works connected therewith by this Act authorized to be constructed The word " street" shall include any square court or alley highway lane road thoroughfare or other passage or place within the limits of this Act The expression " Muni- cipalities of East Saint Leonards Victoria Saint Leonards and North Willoughby" shall comprise all those districts which are included within the proclaim.ed boundaries of the said municipalities. Provided that it shall be lawful for the G-overnor at any time by proclamation in the G-azette to order that this meaning of the expression last aforesaid may for the purposes of this Act be extended to include any such other place or places as in such proclamation may be named and defined. 10. The said promoters shall within two years from the passing of this Act erect suitable gasworks and premises in one or other of the said municipalities and manufacture gas otherwise the powers con- ferred by this Act shall cease and determine. 11. This Act may be cited as the " North Shore Gas Act of 1875." short title. O'DOUD'S ESTATE LEASING. An Act to authorize Patrick O'Doucl and Robert Butclier 48 Victoeia. or other the Trustees or Trustee for the time being of the Will of the late Mary O'Doud deceased to lease portion of the real estate of the said Mary O'Doud. [21 July, 1884.] WHEE.EAS by an indenture bearing date the sixth day of October Preamble, one thousand eight hundred and sixty-six and made between Mary Morris of the first part Patrick O'Doud of the second part and Thomas Edward Barry of the third part the hereditaments described in the Schedule hereto were assured unto and to the use of the said Thomas Edward Barry and his heirs upon trust after the death of the said Mary Morris for such person or persons and for such estate or estates interest or interests and in such manner as the said Mary Morris should by any deed or deeds writing or writings or by will or codicil appoint And whereas the said Mary Morris afterwards inter- married with and became the wife of the said Patrick O'Doud And whereas the said Mary O'Doud departed this life on or about the tenth day of November one thousand eight hundred and eighty having first 852 O'DOUD'S ESTATE LEASING. 48 Victoria, made her last will bearing date the fifteenth day of December one thou- sand eight hundred and seventy-seven whereby she appointed and devised all lands and hereditaments over which she might have any power of disposition at the time of her death unto and to the use of the said Patrick O'Doud and Thomas Edward Barry upon certain trusts for the benefit of the said Patrick O'Doud of her daughters Florence Maria Morris and Charlotte O'Doud of her son by a former marriage "William Henry Allen and of her brother the said Thomas Edward Barry and by the said wiU the trustees thereof were empowered to grant leases of the real estate thereby appointed for any term not exceeding seven years in possession and no longer And whereas by an indenture bearing date the twenty-sixth day of July one thousand eight hundred and eighty-two and made between the said Patrick O'Doud of the first part and the said Thomas Edward Barry of the second part and Eobert Butcher of the third part the said B,obert Butcher was duly appointed a trustee of the will of the said Mary O'Doud in the place of the said Thomas Edward Barry And whereas the houses erected on the land described in the Schedule hereto have lately become ruinous and unfit for human habitation and have been condemned as being so unfit by the Mayor of Sydney in pursuance of the statute in that case made and provided And whereas the said Patrick O'Doud and Eobert Butcher nave no funds belonging to the estate of the said Mary O'Doud where- with to repair or rebuild the said houses And whereas the said land described in the Schedule hereto can now be let on a building lease or building leases for a large ground rent and upon favourable conditions as to building and otherwise and it is desirable that the said Patrick O'Doud and Eobert Butcher or other the trustees or trustee for the time being of the said will should be empowered to grant such building lease or leases for any period not exceeding twenty-one years 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. It shaU be lawful for the said Patrick O'Doud and Eobert Batcher or the trustees or trustee for the time being of the said will of the said Mary O'Doud to execute and make a lease or leases of the said lands described in the Schedule hereto to any person or persons who shall covenant to improve the same by erecting thereon any house or building or by repairing or rebuilding any house or building which may be now or hereafter shall be standing thereon or by otherwise expend- ing in improvements such moneys as shall be deemed adequate by the trustees or trustee for the time being of the said will but so that every such lease shall be for a term not exceeding twenty-one years to take effect in possession and shall be at the best rent that can be reasonably obtained for the same having regard to the covenants to be performed on the part of the lessee or lessees but without taking anything in the nature of a fine or premium for the making thereof and so that there be contained in every such lease a covenant by the lessee or lessees for the payment of rent thereby reserved and a condition of re-entry for non-payment thereof within a reasonable time to be therein specified for non-observance or non-performance of covenants by the lessee or lessees and so that the lessee or lessees do execute a counterpart thereof. 2. This Act may be cited as the " O'Doud's Estate Leasing Act of 1884." Power to lease. Short title. OEANaE CATTLE SALE-TAEDS. 853 SCHEDULE. 48 Victoria. All that piece or parcel of land with the cottages or dwelling-houses thereupon standing and being situate in the parish of Saint Andrew in the town of Sydney aforesaid bounded on the east by the west side of George-street fifty-three feet two inches on the north by the southern boundary of Mr. Bodenham's allotment one hundred and eight feet on the west by a southerly line of twenty-four feet and four inches and on the south by an easterly line dividing the land hereby re-leased from the residue of lands comprised in certain indentures of lease and re-lease bearing date the twenty-fourth and twenty-fifth days of August one thousand eight hundred and thirty-eight and made between James Black and Sarah his wife of the one part and George Humphrey and William Dwyer of the other part. OUANGE CATTLE SALE-TAEDS. An Act intituled " An Act to authorize the Erection and 40 Victoria Maintenance of Cattle Sale-yards by the Borough Council of Orange within the said Borough." [23 May, 1877.J "TT7 HEUE AS by a deed of grant dated the twenty-fif tli day of Preamble. Y V March, anno domini one thousand eight hundred and seventy- five under the great seal of the Colony of New South Wales the land in the Schedule hereto more specifically described was granted to the schedule. Municipal Council of Orange and their successors for ever subject to the quit-rent therein reserved upon trust to use the said land as a cattle market and for no other purpose whatsoever And whereas by notice in the G-overnment G-azette dated the third day of August anno domini one thousand eight hundred and seventy-five the said land was duly dedicated as a site for cattle sale-yards And whereas it is expedient that yards for the sale of cattle should be established on the said land and it is necessary for such purpose that full power should be given to the Borough Council of Orange to erect and maintain suitable buildings and yards on such land and for such purpose to borrow money and to chargs fees and make by-laws for the main- tenance and regulations of such sale-yards Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows : — • 1. For the purpose of this Act the word "cattle" wherever used interpretation ot ehall be taken to include all horses mares geldings foals bulls cows ""'^ "cattle." steers heifers calves pigs sheep lambs and goats. 2. It shall be lawful for the Borough Council of Orange to erect council may and maintain suitable buildings yards and other premises upon -the ^T"* ^'^^ F*'"- land in the Schedule hereto set forth for the purpose of making pro- vision for the sale of cattle therein. 3. To provide funds for the erection and maintenance of buildings Borrowing yards and premises as aforesaid it shall be lawful for the said Borough p"''*'^- Council to borrow any sum of money not exceeding one thousand pounds at a rate of interest not exceeding eight pounds per centum per annum by debentures secured upon a mortgage of the rates fees and tolls to be levied as hereinafter provided or the general revenue of the borough from whatever source arising as in the opinion of the said Borough Council may be deemed most expedient Provided that the proceeds to arise from such rates fees or tolls and all other profits 854 OEANGE CATTLE SALB-TAEDS. 40 ViCTOBiA. accruing from the use of suet sale-yards and premises received hj the said Borough Council shall after payment of all current expenses incident to the maintenance of such premises be appropriated towards the payment of the principal sum so borrowed and any interest thereon accrued and an account to be called the " Cattle Sale-yards Fund " shall be kept by the said Council. By-laws. 4. The said Council may from time to time appoint officers and servants and make by-laws for the maintenance regulation and manage- ment of the said sale-yards and premises and of all persons buying or selling therein or resorting thereto and generally for carrying out the purpose of this Act And such by-laws shall clearly set forth what pecuniary or other penalty or forfeiture shall be incurred by any exceed Ave *° breach thereof respectively Provided always that no such pecuniary pounds. penalty shall in any case exceed the sum of five pounds. Proof of by-laws 5. All such by-laws shall after approval by the Grovernor with the advice of the Executive Council be published in the Grazette and in one local newspaper And the production of the Q-azette purporting to contain a copy of any such by-laws shall be sufficient evidence in any proceeding in any Court of Justice that such by-laws have been duly made and approved in accordance with the provisions of this Act. Powertodemand 6. So soon as any such sale-yards shall be established and by-laws and take fees, approved and published the said Council may demand and take in respect of any cattle brought to any such sale-yards or yarded in or brought to any other sale-yards within the Borough of Orange or within one mile thereof if such cattle be intended for sale by public auction or private contract the fees or charges mentioned in the said by-laws Provided that the fees or charges levied upon cattle brought to other sale-yards shall not exceed those levied upon cattle yarded m or brought to the sale-yards established under this Act. Kecovery of fees 7. AU sums of money which shall be imposed or made payable and pena les 0. ^-^ penalties and forfeitures incurred under this Act or any by-laws hereunder may be recovered at the suit of the said Council or the Clerk of the said Council in a summary way before any Justice of the Peace under the provisions of the Act or Acts for the time being in force regulating proceedings on summary convictions and if any such sum of money be not paid either immediately after the order or con- viction or within the time appointed by such order or conviction the same shall be levied by distress and sale of the goods and chattels of the offender or person directed by such order to pay any such sum as aforesaid and on failure of distress shall be enforced in the manner Appeal. directed by the said Act or Acts Subject however to an appeal in the manner provided by the Act or Acts for the time being in force regu- lating appeals from Justices of the Peace. Shorttitie. 8. This Act may be cited as the " Orange Cattle Sale-yards Act of 1877." SCHEDULE. All that piece or parcel of land in the said Colony of New South Wales contain- ing by admeasurement five acres (be the same more or less) situated in the county of Bathurst parish of Orange town of Orange Commencing at a point where the southern side of Torpy-street meets the eastern side of Anson-street and bounded thence on the north by Torpy-street bearing easterly ten chains and one link on the east by Lord's-placo bearing southerly fire chains on the south by part of the northern boundary of J. Moulder's six hundred and forty acres bearing west ten minutes north nine chains and ninety-nine links to Anson-street and on the west by that street bearing northerly five chains to the point of commencement. 855 OEANGE GASLIGHT. An Act to enable tlie Orange Gaslight Company (Lim- ioVioxoEiA ited) to construct Gasworks within the Town and Suburbs of Orange. [7 February, 1877.J \\l HERE AS it is expedient that tlie town and suburbs of Orange Preamble. Vt ia tlie Colony of New South Wales should be supplied and lighted with gas And whereas the Orange G-aslight Company (Limited) hereinafter designated the Company desires to establish and carry out works for such purposes and other purposes incidental thereto in the said town and suburbs And whereas the Municipal Council of the said town has at the request of the Company and in consideration of the benefits to arise from the establishment and carrying out of such works consented to the vesting in the Company of all necessary powers and authorities so far as the rights and interests of the said Municipal Council are concerned Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legisla- tive Council and Legislative Assembly of New South "Wales in Parliament assembled and by the authority of the same as follows : — 1. The Company is hereby fully authorized and empowered by its Authority to servants contractors agents workmen and others from time to time to break^p°Sreete make erect sink lay place fit maintain and repair such retorts gasom- roads &o. eters meters receivers cisterns engines machines cuts drains sewers watercourses pipes reservoirs buildings and other works and devices of such construction and in such manner as the Company shall think neces- sary or proper for the purpose of carrying out the operations of the Company in respect of and incidental to the making and supplying of gas ia conformity with this Act and also for all such purposes to open and break up the soil and pavement of the several streets and bridges within the limits of the town and suburbs aforesaid and to open and break up any sewers drains or tunnels within or under such streets and bridges and to erect posts pillars lamps lamp-irons and other apparatus in or upon the same streets and bridges or against any wall or walls erected on or adjoining to any of them and to dig and sink trenches and drains and to lay mains and pipes and put stop-cocks siphons plugs or branches from such mains or pipes in under across or along such streets and bridges and also with such consent as hereinafter mentioned to do the like in under across or along any private roads ways lanes passages buildings and places and from time to time to cut stop remove alter repair replace and relay such main-pipes stop-cocks siphons plugs branches or other apparatus Provided always that nothing in this section contained shall be deemed to authorize the Company its servants contractors agents or workmen to enter into or upon any private lands buildings or places for any of the purposes aforesaid or thereon to carry out any of the operations of the Company without the previous consent in writing of the occupiers thereof except that the Company may at any reasonable time by its servants agents or workmen enter upon any land or place wherein any pipe hath already been lawfully laid down or placed in pursuance of this Act and repair or alter the existing pipe or lay or place any new pipe in the stead thereof. 856 OEANGE GASLIGHT. 40 Victoria. Power to make contracts for supply of gas. And carry out works for that purpose. Occupier obstructing removal of apparatus. Fraud ulentuse of gas obstruction of workmen damages to apparatus. 2. It stall he lawful for the Company to contract with any person (wither incorporate or individual) for supplying with gas any such person or any street way lane passage manufactory shop warehouse public or private house building or place and for such purpose from time to time to lay down carry fit up connect and furnish any pipe branch or burner lamp meter or other apparatus from or in connection with any main pipe or to lay down any new main which for such purposes may be required and to let any such apparatus for hire for such sum as may be agreed upon which sum may be recovered in like manner as any rent or remuneration for the supply of gas Provided always that in all cases where damage may be done by the Company its agents workmen or others in the course of laying on or removing apparatus the said damage shall be made good at the expenses of the Company and in case the Company shall delay within a reasonable time to make good such damage the owner or occupier of such premises may make good the same and recover the expense thereof from the Company in the same manner as is herein provided for the recovery of any sum of money payable under the provisions of this Act Provided also that if any owner or occupier of any building tenement or place or any person acting for him shall refuse reasonable access in pursuance of the provisions of this section or the fifth section of this Act to the contractors agents workmen or servants of the Company for the purpose of removing any such pipe burner meter or apparatus placed or introduced into any such building tenement or place by the Company or shall prevent or obstruct such removal then the said owner occupier or person acting for him shall immedi- ately make payment to the Company for such pipe burner meter or apparatus and in default of his so doing within three days after demand thereof made at the same building tenement or place or the residence of the party it shall be lawful for the Company to make complaint thereof before any Justice of the Peace who may cause to be issued a summons to the person so making default calling on him to shew cause before the Court of Petty Sessions of the police district where the building tenement or place is situated why he refuses to pay such demand and thereupon the said Court shall proceed to the ad- judication and enforcement of such demand in the manner hereinafter set forth And if any person shall place or lay any pipe to communicate with any main-pipe meter or other apparatus already laid placed or erected by the Company or shall use additional burners or burners of larger dimensions or of other kind or description than that he has contracted with the Company to use or shall keep the gas supplied by the Company burning for a longer time than he has contracted with the Company to pay for or shall supply any person with any of the gas supplied to him by the Company without the consent of the Company in writing first obtained or if any person shall wantonly or maliciously hinder or interrupt tlie contractors workmen agents or servants of the Company in legally doing or performing any of the acts aforesaid or in exercising the powers and authorities by this Act given or if any person shall wilfully negligently or accidentally do or cause to be done any injury or damage to any of the buildings machinery pipes burners lamps meters or apparatus of the Company or remove the same or cause a waste or improper use of gas supplied by the Company it shall be lawful for the Company to make a complaint thereof before any Justice of the Peace who may cause to be issued a summons to the person so offending to appear before the Court of Petty Sessions of ORANGE GASLIGHT. 857 the police district where such offence shall be committed and being 40 Viotoeia. thereof lawfully convicted such person shall forfeit and pay to the Company any sum not exceeding five pounds over and above all damages done and over and above all costs such sum to be ascertained by such Court and to be enforced by distress and all proceedings under this Act not herein expressly provided for shall be regulated and conducted in accordance with the powers of the law in force for the time being respecting summary proceedings before Justices of the Peace and all such provisions shall so far as the same are applicable be enforced and observed in all proceedings under this Act not herein expressly provided for. 3. No pipe burner lamp meter or other apparatus of the Company Apparatus not being set up in any building tenement or place shall be subject to execution &c"^ distress for rent or shall be taken in execution under any process or proceeding of any Court of law or equity or under any proceedings in bankruptcy or insolvency save so far as any process or proceedings against the Company are concerned. 4. "When and so often as the Company its servants contractors Materials of agents or workmen shall have opened broken up or removed the soil broken ^' be or pavement of any street or bridge as aforesaid or shall have opened replaced. or broken up any sewers drains or tunnels within or under any such streets or bridges the Company shall make all reasonable despatch in performance of the work to be done and shall on completion of such wort forthwith carry away all rubbish and waste or surplus material and reinstate such pavement stone or other material and render such street or bridge and every such sewer drain and tunnel within or under the same as nearly as possible in the same condition as it was in previously to the disturbance thereof and during the continuance of Barriers and such work and until such reinstatement the Company shall set up Jj^hts to be kept sufficient barriers and keep lights burning at night in order to prevent accidents And also when and so often as any gas pitch waste tar Nuisances. waste liquid or other things shall escape or flow from any pipe receivers or drain being part of or incidental to the works to be erected under this Act so as to contaminate the air or any stream spring or other water-course or body of water natural or artificial and render the same unhealthy or offensive or unfit for use it shall be lawful for any person to give notice thereof in writing to the Company who shall immediately take the most speedy and effectual measures to prevent or remedy the same and if the Company shall make default in any of the matters so required by it to be performed it shall be lawful for any person to lodge complaint thereof before any Justice of the Peace who may summon the Company before the nearest Court of Petty Sessions and on proof of such default the said Court of Petty Sessions shall order and direct that the said matters shall be done by the Company within a reasonable time to be named by such Court and in default of compliance with such order any Justice of the Peace on proof of such default on the part of the Company and on proof that the complainant or any other person has performed the said work 80 to be done and of the costs charges and expenses attending the same shall issue a distress warrant against the goods and chattels of the Company for any amount not exceeding the said charges and expenses and the cost of prosecuting such complaint to be paid to the person performing the said work as aforesaid. 5. It shall be lawful for the Company to cut off and take away the Power to out ofl supply of gas from the building tenement or other place of every ^^ °' defaulter. 858 OEANGE GASLIGHT. 40 ViCTOEIA. Remedy for re- covery of rents of gas. Eight of officer to enter pre- mises. Appeal. General rights against Com- pany reserved. person, or body making default in payment after giving twenty-four hours' notice to the occupier and thenceforth to discontinue the supply of gas contracted for with the Company by such person or body and to enter by its agents or workmen into such building tenement or place between the hours of nine in the forenoon and four in the after- noon and remove and carry away any pipe burners lamp meter or other apparatus the property of the Company and the Company shall have the like powers with regard to cutting off taking away and dis- continuing the supply of gas in the case of the building tenement or place of any person who shall have been lawfully convicted as hereinbefore provided of any fraudulent injury to any meter or apparatus on such premises or fraudulent use of the gas of the Company And in case any person or body who shall contract vrith the Com- pany or agree to take or shall take or use the gas of the Company in any buUding tenement or place or otherwise shall refuse or neglect to pay the sum or sums of money then due under his or their contract for the same to the Company according to the terms and stipulations thereof it shall be lawful for the Company to make complaint of such refusal or neglect before any Justice of the Peace who may cause to be issued a summons to the party so refusing or neglecting calling on him or them to show cause before the Court of Petty Sessions in the police district in which such building tenement or place is situated or such user took place why he or they refuses or refuse to pay such sum or sums and thereupon the said Court shall proceed to the adjudi- cation of the said complaint and enforcement of the said demand and costs charges and expenses incurred in the prosecution thereof by dis- tress and sale of the goods and chattels of the person or body so refusing or neglecting to pay. 6. The secretary engineer or other officer duly appointed for such purpose by the Company may at all reasonable times enter any build- ing tenement or place lighted with gas supplied by the Company in order to inspect the pipes burners lamps meters or other apparatus of or connected with the works of the Company to regulate the supply of gas or to ascertain the quantity of gas consumed or supplied-and if any person shall hinder any such officer as aforesaid from so enter- ing or making such inspection as aforesaid at any reasonable time such person shall for every such offence forfeit and pay to the Company a sum of money not exceeding five pounds to be awarded and recovered by the Company in like manner as the penalties aforesaid. 7. Any person may appeal from the judgment or conviction of any Court of Petty Sessions under this Act in the form and manner set forth in the Act of Council Pifth William the Fourth number twenty- two. 8. Nothing in this Act contained shall be construed to prevent any person from indicting or otherwise proceeding against the Company for nuisance or otherwise in respect of the works or means used or employed by the Company in exercising the privileges hereby on it conferred or to prevent the Company or any person from recovering any sum of money or otherwise proceeding in any Court of competent jurisdiction but the Company or any person to whom any penalty or sum of money may by the provisions of this Act be awarded may elect either to proceed in manner in this Act provided or to proceed for and recover damages or otherwise in any Court of competent jurisdiction nor shall anything herein contained limit restrict or in OEAISTGE TOWN HALL. 859 any manner affect the right of any municipality or of any other person 40 Victokia. or Company hereafter empowered by the Legislature to supply gas to the said town of Orange or suburbs or other place or to exercise any power which it may be deemed expedient or necessary to grant for that purpose. 9. The following words and expressions in this Act shall have the interpretation meaning hereby assigned to them unless there be something either ° *™^" in the subject or context repugnant to such construction The word " Company" shall mean the Orange G-aslight Company (Limited) its successors or assigns owners for the time being of the Orange Gras- works The expression "Orange Gas-works" shall mean the gas- works and the works connected therewith by this Act authorized to be constructed The word "street" shall include any square court or alley highway lane road thoroughfare or other passage or place within the limits of this Act The expression " town and suburbs of Orange" shall comprise all that district which is included within a radius of three miles from the intersection of the north side of Summer-street with the east side of Sale-street in the said town Provided that it shaU be lawful for the Governor at any time by proclamation in the Gazette to order that this meaning of the expression last aforesaid may for the purposes of this Act be extended to include any such other place or places as in such proclamation may be named and defined. 10. This Act may be cited as the " Orange Gaslight Act of 1877." Short title. ORANGE TOWN HALL SITE SALE. An Act to enable the Municipal Council of Orange to 42 Victoria. sell the present and provide another Site for a Town Hall. [20 March, 1879.] WHEEEAS by a deed of grant under the hand of Sir Hercules Preamble. George Eobert Eobinson dated the twenty-fifth day of March one thousand eight hundred and seventy-five the land more par- ticularly described in Schedule A hereto was granted to the Municipal Schedule A. Council of Orange and their successors as a site for a town hall and for no other use or purpose whatsoever and upon the further trusts in the said deed of grant declared And whereas the said land is now lying vacant and unproductive by reason of the said Council having no funds available for the erection of a town hall upon the said land And whereas the said land is now of some considerable value and would be likely if sold to realise a sum of money sufiicient to enable the said Council to acquire another site in an equally convenient though less valuable position and have a surplus in hand which would form a fund for building a town hall in accordance with the original intention and object of the said grant And whereas the said deed of grant contains no power of sale or exchange and it is desirable that authority should be given to the said Council to sell the said land and apply the proceeds as hereinafter mentioned Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and 860 ORANGE TOWN HALL. 42 VicTOKiA. consent of the Legislative Council and Legislative Assembly of New South. Wales in Parliament assembled and by the authority of the same as follows : — ■ Powerto Council 1. It shall be lawful for the Municipal or Borough Council of ^o se presen Orange to sell and dispose of the land described in Schedule A hereto Schedule A. ^J public auction and either in one lot or several lota for such prices as can be reasonably obtained for the same with power to the said Council at any such auction sale to buy in the same and sell the same again without being answerable for any loss thereby occasioned. How land to be 2. Upon every such sale as aforesaid it shall be lawful for the said conveyed. Council to convey and assure the said land or any part thereof to the purchaser by a deed in or as near as may be to the form set forth in Schedule B. Schedule B hereto to be executed under the common seal of the said Council and every such deed shall be a sufficient discharge to any purchaser and shall exonerate him from seeing to the application of the purchase moneys paid by him and from all liability in respect of the misapplication or non-application thereof. Application of 3. The Said Council shall stand possessed of the moneys arising procee so sa e. £j,qjjj ^^^j g-,j(,}j gales as aforesaid upon trust after payment thereout of all expenses of and incidental to the said sales and of and to the obtaining of this Act to apply the said moneys in the first instance in the purchase of such freehold lands within the said Borough of Orange as the said Council may deem suitable as a site for a town hall and in the next place in or towards the erection of suitable buildings or the extension repair or completion of any buildings already erected upon the lands so purchased as aforesaid for use as a town hall and for no other purpose whatsoever And the receipt in writing of any person to whom any moneys shall be paid by the said Council or their suc- cessors under the provisions of this Act shall be an absolute discharge to the said Council or their successors for such moneys. SCHEDULE A. All that piece or parcel of land containing by admeasurement one rood and eleven perches and one-half of a perch (be the same more or leas) situated in the county of Wellington parish of Orange town of Orange allotment fourteen of section forty Commencing at the north-eastern corner of the section and bounded thence on the north by Summer-street westerly one chain and forty links on the west by an eastern boundary-line of allotment thirteen southerly two chains and thirty links on the south by a line easterly parallel with Summer-street one chain and forty links to Lord's-place and on the east by Lord's-place northerly two chains and thirty links to the point of commencement. SCHEDULE B. This indenture made the day of a.d. 18 between the Municipal Council of Orange in the Colony of New South Wales of the one part and of of the other part Witnesseth that the said Council in consideration of the sum of sterling paid to them which they hereby acknowledge sell and convey to the said his (or her) heirs and assigns (or their successors) for ever All that parcel of land described in the Schedule hereunder written. Schedule. Witness A.B. Council Clerk. (l.s.) 861 OSBOENE WALLSEND COAL COMPANY. An Act to incorporate the Osborne Wallsend Coal Com- 25 Victoria. pany. [20 January, 1862.] WHEREAS a Joint Stock Company called tbe Osborne "Wallsend Preamble Coal Company has been lately established in the Colony of New South "Wales under and subject to the rules regulations and provisions contained in a certain deed of settlement bearing date the first day of July in the year of our Lord one thousand eight hundred and sixty-one purporting to be a deed of settlement of the said Com- pany And whereas by the said deed of settlement the several parties thereto have respectively and mutually covenanted and agreed that they whilst holding shares in the capital of the said Company should be and continue until dissolved under the provisions in that behalf therein con- taiaed a joint stock Company or partnership under the name and title of the Osborne "Wallsend Coal Company for working the coal or other mines in or upon any land of which the said Company might from time to time be owners or lessees for the purchase or leasing of coal or other mineral lands for following up and acting upon any trade or purpose mentioned in any regulations for the management or con- duct of coal or other mines in the said Colony then promulgated or thereafter to be promulgated for purchasing the necessary machinery for working the said mines or for testing the mining capabilities of any land purchased or intended to be purchased by the Company or for draining any mines or any other purpose in connection therewith for exporting selling or otherwise disposing of all coal or other minerals to be raised from any land belonging to or leased by the said Company for disposing of the timber on any such land for leasing or selling any such lands and for constructing railways roads wharves and other matters necessary for the promotion of the objects of the said Com- pany and it was by the same deed of settlement agreed that the capital of the said Company should consist of fifty thousand pounds to be con- tributed in ten thousand shares of five pounds each and of such further sum or sums as might thereafter be raised by the creation and sale of new shares of the like amount as therein provided And whereas by the said deed of settlement provision has been made for the due manage- ment of the affairs of the Company by certain directors already appointed and by other directors to be from time to time elected and appointed as their successors by the shareholders of the said Company And whereas the said Company is desirous of being incorporated and it is expedient that the said Company should be incorporated 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. Such and so many persons as have already become or at any Company inoor- time or times hereafter shall and may in the manner provided by and P°'^*«<^- subject to the rules regulations and provisions contained in the said deed of settlement become jjroprietors 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 862 OSBOENE WALLSEND COAL COMPANY. 25 ViCTOEu, body politic and corporate in name and in deed by the name of the Osborne "Wallsend Coal 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 what- soever at law or in equity and may prefer lay and prosecute any indict- ment 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 and goods effects bills notes securities or other property of the said Company to be the money goods effects bills notes securities or other property of the said corporation and to designate the said Company by its corporate name whenever for the purpose of any alle- gation of an intent to defraud or otherwise howsoever such designation shall be necessary and the said corporation shall have perpetual succes- sion with a common seal which may be altered varied and changed from time to time at the pleasure of the said corporation. Deed of settle- 2. The several laws rules regulations clauses and agreements con- ment confirmed, {joined in the said deed of settlement or to be made under or by virtue or in pursuance thereof shall be deemed and considered to be and shall be the by-laws for the time being of the said corporation save and exceept in so far as any of them are or shall be or may be altered varied or repealed by or are or shall or may be inconsistent or incompatible with or repugnant to any of the provisions of this Act or of any of the laws and statutes 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 settle- ment 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. Increase of 3. It shall be lawful for the said corporation from time to time to capital. extend or increase its capital for the time being by the creation and dis- posal of new shares in the manner specified and set forth and subject to the rules regulations and provisions contained in the hereinbefore in part recited deed of settlement. Capital and 4. The Capital or joint stock for the time being and all the funds and shares to be property of the said corporation and the several shares therein and the profits and advantages to be derived therefrom shall be and be deemed personal estate and be transmissible accordingly subject to the regulations of the said deed of settlement. Trusts or equit- 5. The Corporation shall not be bound in any manner or by any trusts affeVttog' shares, o^ equitable interests or demands affecting any shares of the capital standing in the name of any person as the ostensible proprietor thereof or be required to take any notice of such trusts or equitable interests or demands but the receipt 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 and a transfer of the said shares in accordance with the regulations in that behalf contained in the said deed of settlement by the person in whose name such shares shall so stand shall notwithstanding as aforesaid be binding and con- clusive as far as may concern the said corporation against all persons claiming by virtue of such trusts or equitable interests or demands OSBORNE WALLSEND COAL COMPANY. 863 Provided always that nothing therein contained shall he deemed or 25 Victoria. taken to interfere with or ahridge the right and power of a Court of equity to restrain the payment of any such dividend or other money payable thereafter by the corporation in respect of any such shares or the transfer thereafter of any such shares or to direct the payment of such dividends or other money 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 notwithstanding any Power to take statute or law to the contrary to purchase take hold and enjoy to them &c. and their successors for any estate term of years or interest or under license any coal or other mineral lands whatsoever and all such houses offices buildings and other lands and hereditaments as may be necessary or proper for the purpose of managing and conducting and carrying on the affairs concerns and business of the said corporation And to sell convey assign assure lease and otherwise dispose of or act in respect of such coal or other mineral lands houses offices buildings and other lands and hereditaments as occasion may require. 7. It shall and may be lawful to and for all persons who are or shall Conveyance to be otherwise competent so to do to grant sell alien and convey demise ^ '^°'^p<"* ' assign assure and dispose of unto and to the use of the said corporation and their successors for the purposes aforesaid or any of them any such houses offices lands mines hereditaments and other real estate what- soever as aforesaid accordingly. 8. No dividend or bonus shall in any case be declared or paid out of Dividend from the subscribed capital for the time being of the said Company or other- ^^^ p™*^*^- wise than out of the declared surplus capital net gains and profits of the business. 9. In any action or suit to be brought by the said corporation against Actions or suits any proprietor of any shares in the capital of the said corporation to °'^ "^ '" recover any sum of money due and payable to the said corporation for or by reason of any call made by virtue of this Act or of the said deed of settlement it shall be sufficient for the corporation to declare and allege that the defendant being a proprietor of such or so many shares in the capital of the said corporation is indebted to the said corporation in such sum of money (as the calls in arrears shall amount to) for such call of such sum of money upon such or so many shares belonging to the said defendant whereby an action hath accrued to the said corpora- tion 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 making such call was a holder or proprietor of one or more share or shares in the capital of the said corporation 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 is directed by the said deed of settlement and the said corporation shall thereupon be entitled to recover what shall appear due. 10. The share register of the said Company shall at all times be share register to prima, facie evidence to show who are the proprietors for the time ownership.'' °' being of the capital thereof and the number of shares held by each proprietor. 11. Nothing herein contained shall prejudice or be deemed to pre- contracts &o. judice any call made or any contract or other act deed matter or thing ""^e^tiement^'' entered into made or done by the said Company prior to or under -or beiore Act. 864 OSBOENE WALLSEND COAL COMPANY. 25 VicTOEiA. ^J virtue of the said deed of settlement before this Act shall come into operation but the same call contract act deed matter or thing shall be as valid and efEectual to all intents and purposes as if this Act had not been passed and may be enforced in like manner as if the said Company had been incorporated before the same call contract act deed matter or thing had been made entered into or done. Liability of 12. In the event of the assets of the corporation being insufficient to Bharehoiders. j^gg^ j[^.g engagements the shareholders shall in addition to the amount of their shares in the capital of the said corporation be responsible to the extent only of a sum equal to the amount of their said shares. Custody and use 13- The directors for the time being shall have the custody of the ofuorpomteseai. common seal of the said corporation 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 provided in and by the said deed of settlement for the determination of other matters by the board of directors and the directors present at a board of directors of the said corporation shall have power to use such common seal for the affairs and concerns of the said corporation and under such seal to authorize and empower any person without such seal to execute any deeds and do all or 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 deed of settlement and of this Act but it shall not be necessary to use the corporate seal in respect of any of the ordinary business of the Company or for the appointment of an attorney or solicitor for the prosecution or defence of any action suit or proceeding. Retirement and 14. The directors of the said Comjiany appointed by the said deed election of direc- ^f settlement shall go out of oifice at the general meeting of the share- holders of the said Company to be held in the month of July one thousand eight hundred and sixty-two and thereupon a new board of directors shall be elected of the number and in the manner provided by the said deed of settlement And thereafter the said board of directors shall be changed and all vacancies therein filled up at the times and in manner provided by the said deed of settlement. Power to borrow 15. It shall and may be lawful for the directors in pursuance of a on mortgaue or resolution to that effect to be passed at special general meetings of the shareholders to be called for the purpose from time to time to borrow upon mortgage of the property of the Company or upon debentures chargeable thereon issued under the hands of any two of the directors named in such resolutions any sum or sums of money not exceeding in the whole an amount equal to the paid-up capital of the Company Provided always that the shareholders present at any such meeting either in person or by proxy specially given for the occasion shall hold shares representing not less than one-third of the paid-up capital of the Company. Act to be deemed 16. This Act shall be deemed and taken to be a public Act and shall a public Act. ijg judicially taken notice of as such by the Judges of the Supreme Court of New South Wales and by all other Judges Justices and others S?e''"oiborr6 ""^ithin tlie Colony of New South Wales and its dependencies without waiisend Coal _^ being specially pleaded and the same whenever cited shall be suiSciently Company a Act. (^gg^pj^gj a,g ^jjg " Osborne Wallseud Coal Company's Incorporation Act 1862." 865 OSBOENE'S LEASING. An Act to enable tlie Trustees of the will of Henry 45Victoeia. Osborne deceased to grant building and mining leases for ninety-nine years. [4 October, 1881.] WHEREAS Henry Osborne late of Marshall Mount in tlie dis- Preamble, trict of Illawarra Esquire being at the time of his death seised and possessed of (amongst other lands) the lands and hereditaments described in the schedule hereto duly made and executed his last will and testament in ^v^lting bearing date the thirtieth day of December one thousand eight hundred and fifty-eight whereby after certain bequests and devises not material to be here set forth devised unto his sons Henry Hill Osborne Patrick Hill Osborne Alick Osborne Benjamin Marshall Osborne and John King Osborne the trustees of his will all his lands situated in the county of Northumberland in the said Colony containing about two thousand eight hundred acres Also all the moiety or share purchased by him from Mr. Hale in land on the west side of the BuUi Eoad Also the whole of the land containing forty-eight acres situate in the district of Bulli lately purchased by him from Hicks Also the fifty-one acres of land situate in the said district lately purchased by him from Orgam Also the five hundred and fifty-seven acres of land situate in the said district lately purchased by him from Gaunt Also the land lately bought by him of Mr. Henning Also all those one hundred and sixty-seven acres two roods and fifteen perches lately purchased by Mm from James Collins but not then conveyed to him And also all his property on the Bulli Mountain comprising six hundred and fourteen acres purchased by him in several allotments from the Crown all of which parcels of land are described in the Schedule to this Bill together with the railways plant machinery and fixtures or parts and shares of railways plant machinery and fixtures thereto belonging And the benefit of all leases of any portions of the said land and the covenants therein contained and the right of pre-emption of the residue of any lands or share or moiety whereof was thereby devised to his said trustees and particularly with respect to land in which he was jointly interested with Mr. Hale To hold unto and to the use of his said sons Henry HUl Osborne Patrick Hill Osborne Alick Osborne Benjamin Marshall Osborne and John Eing Osborne their heirs and assigns upon trust that his said sons or the survivors or survivor of them or the heirs of such survivor their or his assigns or other the trustees or trustee for the time being of his will should during the lives of all his sons and daughters except his sons James and Francis to whom he had given his Mount Keira property and the lives and life of the survivors and survivor of them demise and lease or join in demising and leasingthe said several lands or parts or shares of land thereinbefore devised to his said trustees or any of the said lands or such part or parts thereof as they might deem advisable for any term or terms of years not exceeding twenty-one years in possession at the best rent that could be obtaiued and without taking any premium therefor as well for the purposes of mining for coal or other minerals as for farming and other purposes and Bubject to such conditions and reservations as they or he should think 3i 866 OSBOENE'S LEASING. 45 Victoria, fit And he directed that during the lives of all his sons and daughters (except his said sons James and Prancis) and the lives and life of the survivors and survivor of them his said trustees or trustee should pay the annual rents proceeds dues and profits to arise from the said lands or parts or shares of lands to and amongst all and every his sons and daughters except his said sons James and Francis vi^ho should he alive and the executors or administrators of such of them except his said sons James and Prancis as should happen to die the representatives of any deceased son or daughter to receive the part or share which such son or daughter if living would he entitled And from and after the decease of all his said sons and daughters except his said sons James and Francis he declared that his said trustees or trustee should stand seised of the said several parcels of land and parts and shares of land upon trust to divide the same into as many shares as there should be then families being issue of all his said sons and daughters except of his said sons James and Francis (the whole of the issue of every such son or daughter whether children grandchildren or more remote issue being deemed and considered to be one family) and as to each of such shares in trust for such members or member of one of such families and in such parts and proportions as the son or daughter from whom such family should descend should by writing under his or her hand and if a daughter whether she be covert or sole direct or appoint And in default of any such direction or appointment or so far as any partial direction or appointment should not extend in trust for the child or children of the son or daughter making such default or partial appointment living at his or her decease and the issue th^n living of his or her child or children then deceased as tenants in common in fee- simple but so that such issue should take only the share or shares which the deceased parent or parents would if living have taken And whereas the said Henry Osborne duly made and published a codicil to his said will dated the sixteenth day of February one thousand eight hundred and fifty-nine which did not in any way affect the before-men- tioned devise And whereas the said Henry Osborne died on the twenty-ninth day of March one thousand eight hundred and fifty- nine without having altered or revoked his said will so far as the same related to the said devise to the said Henry HiU Osborne Patrick Hill Osborne Alick Osborne Ben Marshall Osborne and John King Osborne leaving him surviving the following children Henry Hill Osborne Patrick Hill Osborne Alick Osborne Ben Marshall Osborne John King Osborne G-eorge Osborne Hamilton Osborne Jane MacCabe wife of Francis Peter MacCabe Charlotte Eeddall wife of Thomas Alexander Eeddall and Ann Osborne the first beneficiaries entitled for life to the rents and profits of the said lands and heredita- ments And whereas John King Osborne died on or about the , fifteenth day of April one thousand eight hundred and fifty-nine intestate without having been married And whereas the said will was on the seventh day of June one thousand eight hundred and fifty-nine duly proved in the Supreme Court of New South "Wales by the said Henry Hill Osborne Patrick Hill Osborne Alick Osborne and Ben Marshall Osborne Sarah Osborne the executrix appointed by the said will having re- nounced probate thereof And whereas the said Charlotte Eeddall died on the thirtieth day of April one thousand eight hundred and seventy-five having previously made her will whereby sne appointed that the rents and profits derived from the said lands and hereditaments should be equally divided amongst her children and she appointed the said Alick OSBOENE'S LEASING. 867 Osborne and Greorge Osborne trustees and executors of her will wbicb 45 Victoria, will was duly proved in tbe Supreme Court of New Soutb "Wales on tlie fourth, day of November one thousand eight hundred and seventy- eight And whereas the said land and hereditaments are at present of little value by reason of the limited scope afforded by the power of leasing contained in the said will of Henry Osborne deceased And whereas the said land and hereditam.ents are peculiarly adapted for and would become of considerably greater value than they are at pre- sent if building and mining leases could be granted for a longer term than twenty-one years and it would be for the benefit of all parties interested in the said lands and hereditaments that there should be a power of granting such longer building and mining leases accordingly Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legis- lative Afsembly of New South "Wales in Parliament assembled and by the authority of the same as follows : — 1. It shall be lawful for the said Henry Hill Osborne Patrick Hill General power to Osborne Alick Osborne and Ben Marshall Osborne or other the S'™"^'^^"- trustees of the said will and codicil for the time being to grant leases of all or any of the lands and hereditaments described in the Schedule hereto or any of them or any part thereof and also all or any part of the lands or real estate of the said Henry Osborne deceased now vested or to become invested in the said Henry Hill Osborne Patrick Hill Osborne Alick Osborne and Ben Marshall Osborne or other the trustees for the time being of the said vdll and codicil for building purposes or other purposes of improvement for terms not exceeding ninety-nine years to take effect in possession and not in reversion or by way of future interest so as there be reserved in every such lease the best rent that can be reasonably obtained for the said lands and heredita- ments or any of them or any part thereof without taking any fine premium or foregift for the granting thereof and so as there be con- tained in every such lease proper and reasonable covenants and agree- ments by every such lessee for the due payment of the rent reserved thereby and a power of re-entry for non-payment of such rents and so as the respective lessees duly execute a duplicate or counterpart of such lease. 2. Subject to the reservations and conditions if any contained in the power to grant grants referred to in this Act and without prejudice to any then existing mineral leases, rights it shall be lawful for the said Henry Hill Osborne Patrick Hill Osborne Alick Osborne and Ben Marshall Osborne or other the trustees of the said will and codicil for the time being to grant leases by deed for any term of years not exceeding ninety -nin'e years to take effect in possession and not in reversion or by way of future interest of all and every or any of the mines lodes ores quarries veins strata and seams of copper lead iron coal stone clay and all other minerals and substances whatsoever in one or more block or blocks unopened as well as opened in under or upon the said lands and hereditaments and whether the surface of the lands and hereditaments in or under which the same or any part thereof respectively shall be or shall not have been already leased together with any part of such surface which may be thought necessary or convenient to be held for buildings roads or ways or other purposes with such mines or quarries together with full liberty and authority to search for work win take use and dispose of all such ores coals and minerals as shall be found therein and to sink and make shafts 868 OSBORNE'S LEASINa. 45 Victoria, pits levels drifts trenches air-gates way-gates and watercourses and to erect and use any smelting refining or other furnaces or mills fire steam or other engines and machinery workmen's and other houses buildings sheds or other conveniences and to use all other lawful ways and means whatsoever not only for finding separating and cleansing any of the said minerals hut for converting any of them into a manufactured con- dition and also to take and use sufficient ground room heap room and pit room for placing or manufacturing any of the said ores coals and minerals and for laying the waste refuse or rubhish to be from time to time produced from the said mines and quarries and also with free and full liberty to use or make and use all proper and convenient railways and other ways for the carriage of materials and articles to such mines or quarries and for the carriage or delivery of any of the said ores coals and minerals with horses carts waggons and other carriages and generally upon such terms and with such stipulations as shall be reason- able usual or necessary for any of the purposes aforesaid so that in every such lease there be reserved and made payable the best and most improved yearly rent dues duties tolls or royalties that can be reason- ably obtained for the same without taking any fine premium or fore- gift for the granting thereof and so as that there be contained in every such lease proper and reasonable covenants and agreements by every such lessee for the due payment of such rents dues duties tolls or royalties thereby reserved and for the working and management of the said mines quarries and works and a power of re-entry for non-payment of such rents dues duties tolls or royalties and so as the respective lessees duly execute a duplicate or counterpart of such leases Pro- vided always that out of the gross income to be derived from such rents dues duties tolls or royalties there shall be set apart (upon the payment thereof from time to time to the said Henry Hill Osborne Patrick Hill Osborne Alick Osborne and Ben Marshall Osborne or other the trustees of the said wUl and codicil) by the said Henry HiL. Osborne Patrick HiU Osborne Alick Osborne and Ben Marshall Osborne or other the trustees a sum equal to twenty -five per cent, of every such amount so paid to them . during the life- time of the said Henry HiU Osborne Patrick HiU. Osborne Alick Osborne and Ben Marshall Osborne G-eorge Osborne Hamilton Osborne Jane MacCabe and Ann Osborne or the survivors or survivor of them And the sums so to be set apart shall with all accumulations of interest be invested from time to time in Government securities or on mortgage of real estate in the Colony of New South Wales for the benefit of the person or persons who shall be ultimately entitled to the said lands and hereditaments with power to the said Henry Hill Osborne Patrick Hill Osborne Alick Osborne and Ben Marshall Osborne or other the trustees to alter vary and transfer such securities for others of the like nature And the remaining three-fourths part of such sums so to be derived .■as aforesaid shall be payable to the parties entitled thereto in the same way and subject to such conditions and restrictions as income derivable from the said lands and hereditaments under the said will and codicil And after the death of the survivor of them the said Henry Hill Osborne Patrick Hill Osborne Alick Osborne Ben Marshall Osborne G-eorge Osborne Hamilton Osborne Jane MacOabe and Ann Osborne the proceeds of the sums so invested shall be divided and paid in man- ner as is provided by the Said will and codicil in respect to the said lands and hereditaments. 3. It shall be lawful for the said Henry Hill Osborne Patrick Hill Osborne Alick Osborne and Ben Marshall Osborne or other the trustees Power as to roads J OSBOENE'S LEASING. 869 of the said will and codicil for the time being to make lay out and 45 Viotokia. alter and concur in the making laying out and altering of any roads streets or ways on and over any part or parts of the said lands here- ditaments and premises and also to undertake and concur in under- taking any works for and to make erect and carry out and concur in making erecting and carrying out any erections sewers drains water- courses lamps lighting or any other works which may in their discre- tion conduce to the better laying out or letting of the said lands and hereditaments or the convenience and enjoyment of those persons who may have taken on lease any part thereof The cost of any such works on the part of the said person or persons acting under the powers given by this section or their proportion of such cost shall for the pur- pose of this Act be held to be costs and expenses of and incidental to leases hereunder and retainable accordingly For any of the purposes of this section such person or persons may reserve and dedicate either absolutely or upon any condition any part or parts of the said lands hereditaments and premises. SCHEDULE. All that piece or parcel of land situate in the parish of Hexham in the county of Northumberland in the Colony of New South Wales containing ty admeasure- ment six hundred and eighty acres be the same more or less Commencing at the eastern extreme of the north boundary-line of a surveyed portion of one thousand and seventy acres of land and bounded on the south by eighty-five chains of that boundary-line bearing west on the west by a north line of eighty chains dividing it from a surveyed portion of eight hundred and thirty acres on the north by eighty-five chains of the south boundary-line of William Sparkes' grant bearing east and on the east by a south line of eighty chains to the eastern extreme of the north boundary-line of the aforesaid surveyed portion of one thousand and seventy acres Being the land sold as lot five pursuant to advertisement of twenty-sixth July one thousand eight hundred and thirty-six. All that piece or parcel of land containing by admeasurement fifty acres of land be the same more or less situate lying and being in the county of Northumber- land and parish of Alnwick in the said Colony of New South Wales Commenc- ing at the south extreme of the east boundary-line of Cummins' one thousand acres grant and bounded on the west by sixty chains of that boundary-line bear- ing north on the north by eight chains and fifty links of the south boundary-line of Eales' grant bearing east on the east by a south line of sixty chains and on the south by eight chains and fifty links of the north boundary-line of Sparkes' grant bearing west to the south extreme of the east boundary-line of Cummins' grant aforesaid Being the land p^'omised to James Nowlan of which he was authorized to take possession on sixth December one thousand eight hundred and thirty as a small grant in lieu of the like quantity of which he received possession on sixth September one thousand eight hundred and thirty but now granted to the said John Terry Hughes and John Hosking in accordance with the report on memorial number seven hundred and fifty made on the tenth day of November one thousand eight hundred and thirty-five by the Commissioners appointed under the Act of the Colonial Legislature fourth William Fourth number nine. All that piece or parcel of land in the said Colony containing by admeasure- ment six hundred and forty acres be the same more or less situated in the county of Northumberland and parish of Stockrington Commencing on a line .eighty chains south by compass of the south-west corner of the parish of Alnwick and bounded on the east by a south line by compass of eighty chains on the south by a west line by compass of eighty chains and on the north by a west line by com- pass of eighty chains to the point of commencement Being the land promised to Thomas Lusoombe and of which he was authorized to take possession on twelfth March one thousand eight hundred and thirtv as a primary grant Being also the land advertised in favour of the said John Terry Hughes at the request of the promisee as number seventy-six in the Government notice dated tenth September one thousand eight hundred and forty-one and the deed now prepared in his name in pursuance thereof. 870 OSBOENE'S LEASING. 45 Victoria, All that piece or parcel of land in the said Colony containing by admeasure- ment sixty-one acres be the same more or less situated in the county of Northum- berland and parish of Maitland Commencing at the north-west corner of a mea- sured portion of sixty-one acres and bounded on the south by the north boundary- line of that land bearing east thirty-tliree chains on the east by a road one chain wide dividing it from a measured portion of forty-six acres one rood and S. Cliffs sixty acres bearing north eighteen chains fifty links on the north by a road one chain wide dividing it from a measured portion of sixty-one acres bearing west thirty -three chains and on the west by a line bearing south eighteen chains fifty links to the north-west corner of the sixty-one acres aforesaid Being the land sold as lot eight in pursuance of the proclamation of twenty-seventh February one thousand eight hundred and fifty-five. All that piece or parcel of land in the said Colony containing by admeasurement sixty-one acres be the same more or less situated in the county of Northumberland and parish of Maitland Commencing at the south-west corner of a measured por- tion of sixty-one acres and bounded on the north by the south boundary-line of that land bearing east thirty-three chains on the east by a road one chain wide dividing it from a measured portion of forty-six acres one rood bearing south eighteen chains fifty links on the south by a line bearing west thirty-three chains and on the west by a line bearing north eighteen chains fifty links to the south- west corner of the sixty-one acres aforesaid Being the land sold as lot nine in pursuance of the proclamation of twenty-seventh February one thousand eight hundred and fifty-five. All that piece or parcel of land in the said Colony containing by admeasurement sixty-one acres be the same more or less situated in the county of Northumberland and parish of Maitland Commencing at a point one chain west of the south-east corner of J. A. Browne's sixty acres and bounded on the north by the south boun- dary-line of that land and its westerly prolongation being a line in all bearing west thirty-three chains on the west by a line bearing south eighteen chains fifty links to a road on the south by that road one chain wide dividing it from a measured portion of sixty-one acres bearing east thirty-three chains and on the east by a road one chain wide dividing it from Samuel Cliffs sixty acres and part of John Stewart's sixty-seven acres bearing north eighteen chains fifty links to the point one chain west from J. A. Browne's sixty acres portion aforesaid Being the land sold as lot seven in pursuance of the proclamation of twenty-seventh February one thousand eight hundred and fifty-five. All that piece or parcel of land in the said Colony containing by admeasure- ment twenty acres be the same more or less situated in the county of Northumber- land and parish of Maitland Commencing at the north-west 'corner of a measured portion of twenty -two acres and bounded on the east by the west boundary-line of that land bearing south twenty-one chains on the south by a road one chain wide dividing it from a measured portion of twenty -two acres and a measured portion of twenty-one acres bearing north forty-three degrees west twenty -nine chains and on the north by part of the south boundary -line of a measured portion of fifty-six acres bearing east nineteen chains sixty links to the north-west corner of the twenty -two acres aforesaid Being the land sold as lot five in pursuance of the proclamation of twenty-seventh February one thousand eight hundred and fifty-five. All that piece or parcel of land in the said Colony containing by admeasure- ment twenty-two acres be the same more or less situated in the county of Nor- thumberland and parish of Maitland Commencing at the south-east corner of a measured portion of fifty-six acres and bounded on the north by part of the south boundary of that land being a line bearing west nine chains sixty links on the west by the east boundary-line of a measured portion of twenty acres bearing south twenty-one chains on the south by a road one chain wide dividing from a measured portion of twenty -two acres bearing south sixty- two and a half degrees east ten chains seventy-five links on the east by a line bearing north twenty-five chains eighty links to the south-east corner of the fifty -six acres aforesaid Being the land sold as lot six in pursuance of the proclamation of the twenty-seventh February one thousand eight hundred and fifty-five. All that piece or parcel of land in the said Colony containing by admeasurement fifty-six acres be the same more or less situate in the county of Northumberland and parish of Maitland Commencing at the north-east corner of a measured por- tion of twenty -two acres and bounded on south by the north boundary-line of that land and the north boundary-line of a measured portion of twenty acres bearing west twenty-nine chains twenty links on the west by a road one chain wide OSBOENE'S LEASING-. 871 dividing it from George Weller's sixty acres bearing north nineteen chains thirty 45 Victoria. links on the north by part of the south boundary-line of Edward Ferraby's one thousand and eighty acres bearing east twenty -nine chains twenty links and on the east by a line bearing south nineteen chains thirty links to the north-east comer of the twenty-two acres aforesaid Being the land sold as lot fifteen in pursuance of the proclamation of twenty-seventh February one thousand eight hundred and fifty-five. All that piece or parcel of land in the said Colony containing by admeasurement forty-six acres and one rood be the same more or less situated in the county of Northumberland and parish of Maitland Commencing at the south-west corner of a measured portion of forty-seven acres and bounded on the east by the west boundary-line of that land bearing north twenty-nine chains on the north by a road one chain wide dividing it from Samuel Cliff's sixty acres bearing west sixteen chains on the west by a road one chain wide dividing it from two measured portions of sixty -one acres each bearing south twenty-nine chains and on the south by a line bearing east sixteen chains to the south-west corner of the forty-seven acres aforesaid Being the land sold as lot ten in pursuance of the proclamation of twenty-seventh February one thousand eight hundred and fifty- five. All that piece or parcel of land containing by admeasurement one thousand and eighty acres of land be the same more or less situate lying and being in the county of Northumberland and parish of Maitland in the said Colony of New South Wales Commencing at the south-east comer of F. Wickham's six hundred and forty acre farm and bounded on the east by eighty chains of the west boundary-line of the parish of Alnwick bearing south by compass on the south by a west line by com- pass of one hundred and thirty-five chains on the west by a north line by compass of eighty chains and on the north by an east line by compass of one hundred and thirty-five chains to the south-east corner of Wickham's farm as aforesaid being a portion of the one thousand two hundred and eighty acres of land promised to the said Edward Ferraby and of which said portion he was authorized to take possession on sixteenth December one thousand eight hundred andtwenty-nine as a primary grant being also the land advertised as number thirty-six in the Govern- ment notice dated eighth January one thousand eight hundred and thirty-eight. All that piece of land situated at Bellambi in the parish of Wonona county of Camden and Colony of New South Wales containing twenty-six acres two roods or thereabouts Commencing on the northern side of Bellambi Road at its intersection with a road one chain wide and bounded thence on the south by Bellambi Road bearing easterly ten chains to another road one chain wide on the east by that road bearing northerly twenty-seven chains sixty-seven links to Bellambi Creek on the north by that creek bearing westerly to the first-mentioned road one chain wide and on the west by that road bearing southerly twenty-six chains thirty links to the point of commencement. Also that other piece of land situated as aforesaid containing fifty acres or thereabouts Commencing on the northern side of Bellambi Road at its intersection with Thomas-street and bounded thence on the south by that road bearing westerly twenty-one chains to a road one chain wide on the west by that road bearing northerly twenty-eight chains seven links to Bellambi Creek on the north- east by that creek and Bellambi Haven bearing south-easterly to Bay-street on the south-east by that- street bearing south-westerly five chains to Thomas-street aforesaid and on the east by that street bearing southerly ten chains thirty links to "the point of commencement. Also that other piece of land situated as aforesaid containing eleven acres three roods seven perches or thereabouts Commencing on the northern side of Bellambi Road at its intersection with Thomas-street and bounded thence on the south by that road bearing easterly seven chains seventy-three links to land of A. Lorking on the east by that land bearing northerly four chains fifty-eight links on the south-west by that land a continued line and land of Mr. Dunlop being a curved line bearing south-easterly and easterly to the wharf reserve again on the east by that reserve bearing northerly five chains twenty-three links to Bellambi Haven on the north-east by that haven bearing north-westerly to Bay-street on the north-west by that street bearing south-westerly five chains to Thomas-street aforesaid and on the west by that street bearing southerly nine chains fifty links to the point of commencement. Also that other piece of land situated as aforesaid containing ten acres or there- abouts Commencing on the northern side of Bellambi Road at its intersection with 872 OSBOENE'S LEASING}-. 45 ViCTOKlA. the wharf reserve and bounded thence on the west by that reserve bearing north eight chains four links to Bellambi Haven on the north-east by that haven bearing north-easterly to land of Mrs. Miller on the north-east again on the norbh-west and on the south-west by that land bearing south-easterly a curved line bearing north-easterly and a line bearing north-westerly to Bellambi Haven aforesaid again on the north-west and on the east by that haven and the South Pacific Ocean bearing north-easterly and southerly to Bellambi iioad aforesaid and on the south, by that road bearing westerly seven chains eighty links to the point of commence- ment. Also all that other piece of land situated as aforesaid containing forty-five acres two roods ten perches or thereabouts Commencing on the southern side of Bellambi Road at its intersection with Thomas-street and bounded thence on the west by that street bearing southerly six chains to a water reserve on the south again on the west and on the north by that reserve bearing easterly five chains southerly two. chains and westerly five chains to Thomas-street aforesaid again on the west by that street bearing southerly twenty-six chains thirty links to the South Pacific Ocean on the south-east by that ocean bearing north-easterly to Bellambi Road aforesaid and again on the north by that road bearing westerly twenty-four chains fifty links to the point of commencement. Also that other piece of land situated as aforesaid containing thirty-six acres three roods or thereabouts Commencing on southern side of Bellambi Road at its intersection with Thoi^^as-street and bounded thence on the north by that road bearing westerly twenty -oile chains to a road one chain wide on the west by that road bearing southerly twelve chains eighty links to a creek on the south by that creek downwards to Bellambi Lake on the east on the south on the west on the north-west and on the south-west by that lake bearing northerly easterly southerly south-westerly and south-easterly to the South Pacific Ocean on the south-east by that ocean bearing north-easterly to Thomas-street aforesaid and again on the east by that street bearing northerly thirty -five chains thirty links to the point of commencement. Also that other piece of land situated as aforesaid containing fourteen acres twa roods or thereabouts Commencing on the southern side of Bellambi Road at its intersection with a road one chain wide and bounded thence on the north by Bellambi Road bearing westerly ten chains to another road one chain wide on the west by that road bearing southerly seventeen chains forty links to a creek on the south-east by that creek downwards to the first-mentioned road one chain wide and on the east by that road bearing northerly twelve chains twenty links to the point of commencement. Also that other piece of land situated as aforesaid containing fnrty-three acres or tliereabouts Commencing on the eastern side of a road fifty links wide at its intersection with another road fifty links wide and bounded thence on the west by the first-mentioned road bearing southerly fourteen chains fifty links to a creek on the south-west and on the north-west by that creek downwards to Towradgi Creek on the south and on the south-east by that creek downwards to the South Pacific Ocean again on the south-east by that ocean bearing north-easterly to the other road fifty links wide and on the north by that road bearing westerly twenty- four chains to the point of commencement. Also that other piece of land situated as aforesaid containing thirty-four acres or thereabouts Commencing on the north side of a road fifty links wide at the south-eastern corner of Fritz Zeinis' land and bounded thence on the west by that, land bearing northerly seventeen chains thirty-eight links to Towradgi Creek on the north and on the east by that creek and the South Pacific Ocean bearing; easterly and southerly to the road fifty links wide aforesaid and on the south by that road bearing westerly twenty-four chains to the point of commencement. Also that other piece of land situated as aforesaid containing thirty-three acres or thereabouts Commencing on the eastern side of a road fifty links wide at the north-eastern corner of M. Parson's land and bounded thence on the west by that road bearing northerly ten chains fifty links to a road one chain wide on the north by that road bearing easterly fifteen chains seventy-six links again on the west by that road bearing northerly fifty links to another road fifty links wide again on the north by that road bearing easterly fourteen chains forty-eight links to another road fifty links wide on the east by that road bearing southerly eleven chaina twenty-eight links to M. Parson's land aforesaid and on the south by that laud bearing westerly thirty chains thirty -four links to the point of commencement. OSBOENE'S LEASING. 873 All that piece o£ land situated in the pariah of Wonona and county of Camden 45 ViCTOMA. and Colony of New South Wales containing twenty-six acres or' thereabouts Commencing on the western side of the road from WoUongong to Sydney at the south-east corner of R. Black's land and bounded thence on the north by that land bearing westerly seven chains seventy links to Sir Thomas Mitchell's pro- posed road on the west by that road bearing southerly thirty-one chains fifty -two links to land of Mr. Farragher on the south by that land bearing easterly seven chains ten links to a road from WoUongong to Sydney aforesaid on the south-east on the north-east and on the east by that road bearing north twenty-six degrees twenty-two minutes east six chains nine links north six degrees east three chains thirteen links north fifteen degrees twenty minutes west ten chains sixteen links north five minutes west seven chains fifteen links and north twenty-five minutes east to school land again on the north again on the east and again on the south by that land bearing westerly two chains northerly one chain fifty-three links and easterly two chains to the road from WoUongong to Sydney aforesaid again on the east by that road bearing north twenty-fiye minutes east and north seven degrees west seventy-five links to the point of commencement Being part of lots one two and three of the Bellambi Estate and also part of one thousand nine hundred and twenty acres originally granted to Robert Campbell and Charles Campbell by Crown grant dated the thirtieth day of April one thousand eight hundred and forty-three. All that piece or parcel of land in the said territory containing by admeasure- ment sixty -four acres be the same more or less situated in the county of Camden and parish of at lUawarra Commencing at the north-west corner of Harriett Spearing's grant of two thousand acres and bounded on the east by part of the west boundary of that land being a line bearing south thirty-two chains on the south by the north boundary of a measured portion of fifty acres being a line bearing west twenty chains on the west by a line bearing north thirty-two chains and on the north by part of the south boundary of a measured portion of seventy- five acres being a line bearing east twenty chains to the north-west corner of Harriett Spearing's grant of two thousand acres aforesaid Being the land sold as lot nine in pursuance of the advertisement of the thirtieth May one thousand eight hundred and forty. All that piece or parcel of land in the said territory containing by admeasure- ment sixty-seven acres be the same more or less situated in the county of Camden parish unnamed at lUawarra Commencing at the north-west comer of Henry Bale's purchase of sixty-four acres and bounded on the east by the western boun- dary of that land being a line bearing south thirty,-two chains on the south by the northern boundary of K. M. Westmacott's purchase of one hundred and five acres being a line bearing west twenty-one chains on the west by a line bearing north thirty-two chains and on the north by the southern boundary of a measured portion of fifty-two acres being a line bearing east twenty-one chains Being the first portion of land which John Vaughan Thompson was permitted to purchase at the upset price of one pound sterling per acre under the regulations of the first March one thousand eight hundred and forty-three with part of the remission of three hundred pounds authorized for him as a Deputy Inspector-General of Hospitals upwards of twenty-five years' service under the regulations of first August one thousand eight hundred and thirty-eight being also the land proclaimed as lot seven on tenth February one thousand eight hundred and forty -four. All that piece or parcel of land in the said Colony containing by admeasurement two hundred acres be the same more or less situated in the county of Camden parish unnamed near Bulli below the Woonona Mountain lUawarra Commencing at the north-east corner of Mr. Bryan's fifty acres and bounded on the south by the north boundary of that fifty acres thence by a line bearing west twenty-five chains ten links on the west by a line bearing north fifty -eight chains on the north by a line bearing east thirty -five chains ten links to the north-west corner of J ohn Vaughan Thompson's northern fifty-two acres and on the east by the west boun- dary of J. V. Thompson's two farms of fifty-two acres each bearing south to the Borth-east corner of Mr. Bryan's fifty acres aforesaid Reserving for public use the road passing through this land near the south-west comer thereof from WoUongong to Appin the area of which has been allowed for in the total area Being the land sold as lot twelve in pursuance of the proclamation of eighteenth June one thousand eight hundred and fifty-three. All that piece or parcel of land in the said Colony containing by admeasurement forty-eight acres be the same more or less situated in the county of Camden and parish of Wonona Commencing at a stake being the south-west corner 874 OSBOENE'S LEASIlSrG. 45 ViCTOBIA. of H. Dixon'a two hundred acres and bounded on the east by part of the west boundary-line of that land bearing north thirty-three chains fifty -six links on the north by a line bearing west fourteen chains ninety links on the west by a line bearing south thirty-three chains fifty-six links to the north-west corner of a measured portion of forty -eight acres and on the south by part of the north boun- dary-line of that land bearing east fourteen chains ninety links to the point of commencement Reserving for public use two existing roads each one chain wide passing through this land in a southerly direction the one communicating with Sydney and Wollongong via Mount Keira the other connecting Wollongong with Appin the areas of which are deducted from the total area Being the land sold as lot four in pursuance of the proclamation of twenty-sixth July one thousand eight hundred and fifty-four. All that piece or parcel of land containing by admeasurement fifty-one acres be the same more or less situated in the county of Camden and parish unnamed near BuUi Illawarra in the Colony aforesaid Commencing at the south-east comer one chain west from the north-west corner of J. V. Thompson's northern fifty -two acres and bounded on the east by a line bearing north being the west side of a road one chain wide twenty-five chains and twenty-five links to the south-east corner of a measured portion of fifty acres on the north by the south boundary of a measured portion to the south-west corner of said fifty acres on the west by a line bearing south twenty-five chains and twenty-five links to the north boundary of a measured portion of two hundred acres on the south by part of the north boundary of that two hundred acres bearing east twenty chains and twenty links to the south-east corner thereof Being the land sold sold as lot fifteen in pursuance of the pro- clamation of the eighteenth day of June one thousand eight hundred and fifty -three. All that piece or parcel of land in the said Colony containing by admeasurement eighty-six acres be the same more or less situated in the county of Camden and parish of at the source of the Cataract River near Korimul Commencing at the south-west corner of R. Owen's fifty-eight acres at the summit of the Illa- warra Range and bounded on the south by part of the north boundary of J. Buck- land's one thousand nine hundred and twenty acres being a line bearing west seventeen chains and fifty links to the north-west corner of that land on the west by a line bearing north thirty chains on the north by part of the south boundary of a measured portion of two hundred and thirty -six acres being a line bearing east forty-two chains to the north-west corner of F. M'Chrauan's forty-five acres on the summit of the Illawarra Range and from thence on the east by the west boundary of F. M'Chranan's forty -five acres and the west boundary of R. Owen's fifty-eight acres to the point of commencement Exclusively of a road one chain wide passing through this land the area of which has been deducted from the total area Being the land sold as lot seven in pursuance of the proclamation of the third July one thousand eight hundred and fifty-five. All that piece or parcel of land in the said Colony containing by admeasurement two hundred and thirty-six acres be the same more or less situated in the county of Camden and parish of at the source of the Cataract River near Korimul Commencing at the north-west corner of a measured portion of eighty-six acres and bounded on the west by a line bearing north fifty chains on the north by the south boundary of a measured portion of two hundred and thirty-five acres being a line bearing forty-eight chains on the east by the west boundary of Lewis Gordon's two hundred and fifty acres being a line bearing south fifty chains and on the south by part of the north boundary of F. M 'Chranan's forty-five acres and the north boundary of the aforesaid measured portion of eighty-six acres being a line in all bearing west forty-eight chains to the point of commencement Exclusively of a road one chain wide passing the south-east portion of this land the area of which has been deducted from the total area Being the land sold as lot eight in pursuance of the proolama- ion of third July one thousand eight hundred and fifty-five. All that piece or parcel of land in the said Colony containing by admeasurement two hundred and thirty-five acres be the same more or less situated in the county of Camden and parish of at the source of the Cataract River near Korimul Commencing at the north-west corner of a measured portion of two hun- dred and thirty-six acres and bounded on the west by a line bearing north fifty chains on the north by the south boundary of a measured portion of one hundred and fifty acres being a line bearing east forty-eight chains on th? east by the west boundary of James Collins' forty-eight acres and forty-seven acres two roods re- spectively being a line in all bearing south fifty chains and on the south by the north boundary of the aforesaid measured portion of two hundred and thirty-six OSBOENE'S LEAsma. 875 acres being a line bearing west forty-eight chains to the point of commencement 45 VICTORIA. Exoluseively of Rixon's Koad and part of the coast line of road passing through the north-east portion of this land east one chain wide the areas of which have been deducted from the total area Being the land sold as lot nine in pursuance of the proclamation of third July one thousand eight hundred and fifty-iive. All that piece or parcel of land in the said Colony containing by admeasurement one hundred and fifty acres be the same more or less situated in the county of Camden and parish of at the source of the Cataract River near Korimul Commencing at the north-west corner of a measured portion of two hundred and thirty-five acres and bounded on the west by a line bearing north thirty-three chains and fifty-six links on the north by the south boundary of a measured por- tion of sixty-three acres one rood six perches and part of the south boundary of a measured portion of seventy-nine acres being a line in all bearing east forty-eight chains on the east by the west boundary of Thomas Hules' forty-eight acres being a line bearing south thirty-three cliains and fifty-six links and on the south by the north boundary of the aforesaid measured portion of two hundred and thirty-five acres being a line bearing west forty-eight chains to the point of commencement Exclusively of three lines of road each one chain wide passing through this land the area of which has been deducted from the total area Being the land sold as lot ten in pursuance of the proclamation of third July one thousand eight hundred and fifty-five. All that piece or parcel of land at Illawarra near Fairy Meadow in the county of Camden and Colony of New South Wales containing by admeasurement sixty-six acres one rood and fifteen perches more or less being a portion of two hundred and fifty acres granted by the Crown to Lewis Gordon by letters patent or grant bear- ing date on or about the fifth day of October in the year one thousand eight hun- dred and forty Commencing at the south boundary of the said two hundred and fifty acres of land granted to the said Lewis Gordon as aforesaid at a pomt distant sixteen chains sixteen links in a westerly direction from the west side of the road along the east boundary of the two hundred and fifty acres aforesaid and bounded on the south by a line bearing west thirty-three chains thirty-four links on the west by a line bearing north nineteen chains ninety links being part of the west boundary of the two hundred and fifty acres aforesaid on the north by a line bear- ing east thirty-three chains thirty-four links dividing it in part from Collins' land and a roadway and on the east by a line bearing south nineteen chains ninety links to the point of commencement. All that piece or parcel of land in the territory of New South Wales containing by admeasurement one hundred acres a little more or less situated in the county of Camden parish unnamed at Mount Commal near Fairy Meadow Illawarra Commencing on the north boundary of Lewis Gordon's grant of two hundred and fifty acres at a point distant sixteen chains sixteen links from the north-east cor- ner thereof and bounded on the north by a west line of thirty-three chains thirty- ionr links on the west by a south line of thirty chains and ten links on the south by an east line of thirty-three chains thirty-four links to Doncaster's land and on the east by a north line of thirty chains ten links to the commencing corner which piece of land above described is part of two hundred and fifty acres of land origin- ally granted by the Crown to the said Lewis Gordon by deed of grant dated fifth October one thousand eight hundred and forty Subject to a reservation of a right-of-way referred to in an indenture dated twentieth August one thousand eight hundred and fifty-one made between Lewis Gordon of the one part and James Collins of the other part. All that piece or parcel of land in the said Colony containing by admeasurement ninety-three acres and three roods be the same more or less situated in the county of Camden and parish of at the source of the Cataract River near Wonona Commencing at the south-west corner of a measured portion of sixty- three acres one rood and six perches and bounded on the south by the north side of a road one chain wide bearing west forty chains on the west by a line bearing north twenty-three chains and forty-four links on the north by a line bearing east forty chains and on the east by the west boundary of the aforesaid measured por- tion of sixty-three acres one rood and six perches being a line bearing south twenty-three chains and forty-four links to the point of commencement Being the land sold as lot thirteen in pursuance of the proclamation of third July one thousand eight hundred and fifty-five. All that piece or parcel of land in the said Colony containing by admeasurement two hundred and sixty-six acres one rood and sixteen perches be the same more or less situated in the county of Camden and parish of at the source of 876 OSBOENE'S LEASING. 45 ViCTOEiA. the Cataract River near Wonona Commencing at the north-west corner of a measured portion of one hundred and sixty-two acres and bounded on the west by a line bearing north seventy-seven chains on the north by a line bearing east thirty-seven chains on the east by the west boundary-line of a measured portion of one hundred and thirty-seven acres being a line bearing south five degrees west thirty chains and twenty links then on the east by the west boundary of a measured portion of one hundred and sixty-five acres being a line bearing south forty-seven chains and on the south by the north boundary of the aforesaid measured portion of one hundred and sixty-two acres being a line bearing west thirty-five chains to the point of commencement Exclusive of the coast road one chain wide leading from Mount Keira to Bottle Forest &c. passing through this land the area of which has been deducted from the total area Being the land sold as lot sixteen in pur- suance of the proclamation of third July one thousand eight hundred and fifty -five. All that piece or parcel of land in the said Colony containing by admeasurement one hundred and sixty-two acres be the same more or less situated in the county of Camden and parish of at the source of the Cataract River near Wonona Commencing at the north-east corner of a measured portion of one hundred and twenty-nine acres two roods and sixteen perches and bounded on the west by the east boundary of that land being a line bearing south forty-eight chains on the south by the north boundary of a measured portion of seventy -nine acres being a line bearing east thirty-five chains on the east by the west boundary of Michael Keefe's seventy-one acres bearing south to its north-east corner and on the north by the south boundary of a measured portion of two hundred and sixty- six acres one rood and sixteen perches being a line bearing west thirty-five chains to the point of commencement Exclusive of the coast road one chain wide leading from Mount Keira to Bottle Forest &c. passing through this land the area of which has been deducted from the total area Being the land sold as lot fifteen in pursuance of the proclamation of third July one thousand eight hundred and fifty-five. All that piece or parcel of land in the said Colony containing by admeasurement one hundred and twenty-nine acres two roods and sixteen perches be the same more or less situated in the county of Camden and parish of at the source of the Cataract River near Wonona Commencing at the north-west corner of a measured portion of sixty -three acres one rood and sixteen perches and bounded on the west by a line bearing north forty-eight chains on the north by a line bearing east twenty-seven chains on the east by the west boundary of a measured portion of one hundred and sixty-two acres being a line bearing south forty-eight chains and on the south by the north boundary of the aforesaid measured portion o£ sixty-three acres one rood and six perches being a line bearing west twenty-seven chains to the point of commencement Being the land sold as lot fourteen in pursuance of the proclamation of third July one thousand eight hundred and fifty-five. Excepting from the two last described parcels of one hundred and sixty-two acres and one hundred and twenty-nine acres two roods sixteen perches a parcel of land sold by the said Henry Osborne to George Cox and conveyed by deed registered as number eight hundred and twenty -two book one hundred and eighty-eight which last-mentioned parcel of land is described as follows : — All that piece or parcel of land situate lying and being in the parish of Wonona in the county of Camden Colony of New South Wales and be the hereinafter mentioned several dimensions a little more or less being part of Henry Osborne's grant of one hundred and twenty-niue acres two roods and sixteen perches and part of Henry Osborne's one hundred and sixty-two acres grant at the source of the Cataract River near Wonona Commencing at a, point on the eastern boun- dary of H. Osborne's one hundred and sixty-two acres grant twelve chains north from the south-east corner thereof and bounded on the east by part of the western boundary of Michael Harper's seventy-one acres grant bearing north twenty-four chains on the north by other part of the said Henry Osborne's one hundred and sixty-two acres grant and part of Henry Osborne's one hundred and twenty-nine acres two roods and sixteen perches bearing west sixty-two chains on the west by part of the western boundary of the said one hundred and twenty-nine acres two roods and sixteen perches bearing south twenty-four chains and on the south by other portions of the said one hundred and twenty-nine acres two roods and sixteen perches and one hundred and sixty-two acres bearing east sixty-two chains to the point of commencement and containing an area of one hundred and forty-eight acres three roods and eight perches. PACIFIC EIEE AND MAEINE INSUEANCE COMPANY. 877 _ All that piece or parcel of land in the said Colony containing by admeasurement 45 VlcroBiA. sixty-three acres and one rood and six perches be the same more or less situated in the county of Camden and parish of at the source of the Cataract River near Korimul Commencing at the north-west corner of a measured portion of one hundred and fifty acres and bounded on the west by a line bearing north twenty- three chains and forty-four links on the north by a line bearing east twenty-seven chains on the east by the west boundary of a measured portion of seventy -nine acres being a line bearing south twenty-three chains and forty-four links and on the south by part of the north boundary of the aforesaid measured portion of one hundred and fifty acres being a line bearing west twenty-aeven chains to the point of commencement Being the land sold as lot eleven in pursuance of the proclamation of third July one thousand eight hundred and fifty-five. All that piece or parcel of land in the said Colony containing by admeasurement seventy-nine acres be the same more or less situated in the county of Camden and parish at the source of the Cataract River near Korimul Commencing at the north-east comer of a measured portion of sixty-three acres one rood and six perches and bounded on the west by the east boundary of that land being a line bearing south twenty -three chains and forty -four links on the south by part of the north boundary of a measured portion of one hundred and fifty acres and the north boundary of Thomas Hule's forty-eight acres being a line in all bearing east thirty-five chains on the east by part of the west boundary of H. Dixon's two hundred acres being a line bearing north twenty-three chains and forty-four links and on the north by a line bearing west thirty-five chains to the point of com- mencement Exclusively of the coast road one chain wide to be reserved through this land the area of which has been deducted from the total area Being the land sold as lot twelve in pursuance of the proclamation of third July one thousand eight hundred and fifty-five. PACIEIO FIRE AND MARINE INSURANCE COMPANY. An Act to incorporate the Pacific Eire and Marine 26 Vicioeia. Insurance Company. [9 December, 1862.] W HEE.EAS a Joint Stock Company called the Pacific Eire and preamble. Marine Insurance 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 settle- ment bearing date the eighth day of August one thousand eight hun- dred and sixty-two purporting to be a deed of settlement of the said Company And whereas by the said deed of settlement the several parties thereto have respectively and mutually covenanted and agreed that they whilst holding shares in the capital of the said Company should remain and continue until dissolved under the provisions in that behalf therein contained a joint stock Company under the name style and title of the Pacific Eire and Marine Insurance Company for the purpose of effecting either alone or jointly with any other Com- pany or individual insurances against fire and marine risks of all kinds upon ships vessels and goods on board in harbour and at sea and also against risk by fire upon houses warehouses and other buildings goods -wares merchandises stock effects and all other kinds of property And whereas it was by the said deed of settlement agreed that the capital of the Company should consist of five hundred thousand pounds sterling to be divided into ten thousand shares of the amount of fifty jiouuds each And whereas by the said deed of settlement provision 878 PACIFIC FIEE AND MARINE INSURANCE COMPANY, 26 Victoria. Interpretation clause. The Company. The directors. Shareholder. Company incorporated. Deed of settle- ment confirmed and clauses &c. therein to be the by-laws for the time being of the Company tas been made for the due management of the affairs of the said Com- pany by certain directors and auditors already appointed and by other directors and auditors to be from time to time elected and appointed as their successors by the shareholders of the said Company And whereas the whole of the capital of five hundred thousand pounds has been subscribed for and a deposit of two pounds per share has been paid up And whereas the said Company is desirous of being incorporated and it is considered that it will be advantageous not only to the said Company but also to the mercantile and shipping interests of New South Wales that it 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 following words and expressions in the Act shall have the several meanings hereby assigned to them unless there be something in the subject or the context repugnant to such construction (that is to say)— The expression " the Company" shall mean the Company incor- porated by this Act. The expression "the directors" shall mean the board of directors of the Company duly appointed under the provisions of the said deed of settlement. The word " shii.reholder" shall mean shareholder proprietor or mernber of the Company. 2. Every person who has already become or at any time hereafter shall or may in the. manner provided by and subject to the rules regu- lations and provisions contained in the said deed of settlement become holders of shares of or in the capital for the time being of the said Company shall for the purposes aforesaid but 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 Paciiio Eire and Marine Insurance Company and by that name shall and may sue any person whether a member of the Company or not and may be sued implead and be impleaded in all Courts whatso- ever at law or in equity and may prefer lay and prosecute any indict- ment information or prosecution against any person whomsoever for any stealing embezzlement fraud forgery crime or offence and in all indictments informations and prosecutions it shall be lawful to state the money and goods effects bills notes securities or other property of whatsoever nature to be the money goods effects bills notes securities or other property of the Company and to designate the Company or copartnership by its corporate name whenever for the purpose of any allegation of an intent to defraud or otherwise however such designa- tion shall be necessary and the Company shall have perpetual succes- sion with a common seal which may be altered varied and changed from time to time at the pleasure of the Company. 3. The several laws rules regulations clauses and agreements con- tained in the said deed of settlement or to be made in pursuance of the provisions for that purpose therein contained are and shall be the by-laws for the time being of the Company 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 with or repugnant to any of the PACIFIC FIEE AND MARINE INSFHANCE COMPANT. 879 provisions of this Act or any of the laws or statutes in force in the said 26 Victoria. Colony subject nevertheless to be and the same may be amended altered or repealed either wholly or in part in the manner provided by the said deed of settlement but no rule or by-law shaU on any account or pretence whatsoever be made by the Company 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 the said deed of settlement or of this Act or of any of the laws or statutes in force in the said Colony. 4. The production of a written or printed copy of the said deed of Evidence ot settlement or of any by-laws to be made in pursuance thereof or in pur- ^y-^^^^- suance of this Act having the common seal of the Company affixed thereto shall be sufficient evidence in every Court of civil or criminal jurisdiction of such deed of settlement or of such by-laws. 5. It shall be lawful for the Company subject to the restrictions and General business provisions herein contained either alone or jointly with any other °' *^^ *^°™P™^' Company or individual to carry on the business of effecting insurances against fire and marine risks of all kinds upon ships vessels and goods on board in harbour and at sea and also against risk by fire upon houses warehouses and other buildings goods wares merchandises stock effects and all other kinds of property and also with the capital advanced and with the accumulating premiums and in the corporate name of the Com- pany to invest in Grovernment securities or on or in the shares deben- tures or stock of any public or private Company or upon a mortagage of land or other property and in such other way consistently with the provisions hereof as to the directors may seem best for the interests of the Company. 6. The shares in the capital of the Company and all the funds and shares to be per- property of the Company and all shares therein shall be personal estate ^°™ ^^'^ ^' and transmissible as such subject to the restrictions for that purpose contained in the said deed of settlement and shall not be of the nature of real estate. 7. Subject to the restrictions for this purpose in the said deed of Transfer of settlement contained every shareholder may sell or transfer all or any ^^^^f *° ^^ ^^ of his shares in the capital of the Company (but not a fractional part of a share) and every such transfer shall be by deed and according to a form to be approved of by the directors. 8. Upon the assignees or trustees of any bankrupt or insolvent The assignees or shareholder or of any estate assigned for the benefit of creditors t^k^pt orto- electing to accept the shares of any bankrupt or insolvent shareholder solvent to nomi- or of any such assigned estate such assignees or trustees shall forth- "o becomepYo-™ with nominate some other person or persons to become a proprietor or prietor in res- ,, I t> T ^ 1 • * j_ X, p6Ct 01 SnEirCS 01 proprietors m respect ot such shares such nominee or nominees to be such bankrupt subject to the approval of the directors but in no case shall such assig- °'^ insolvent. nees ortrusteesbe themselves entitled to become shareholders in respect of the shares of any bankrupt or insolvent shareholder or of any estate assigned for the benefit of creditors. 9. The Company shall not be bound to see to the execution of any company not trust whether express implied or constructive to which any share may ^™°^ *° ''^B^'^ be subject and the receipt of the party in whose name any such share shall stand in the books of the Company or if it stands m the name of more parties than one the receipt of one of the parties named in the shareholders' register book hereinafter mentioned shall from time to time be a sufficient discharge to the Company for any dividend or 880 PACIFIC FIEE AND MAEINE INSTJEANCE COMPANY. 26 ViCTOEiA. Gtlier sum of money payable in. respect of sueli share notwithstanding any trust to which such share may then be subject and whether or not the Company have had notice of such trusts and the Company shall not be bound to see to the application of the money paid upon such receipt. aoHOT fOToaUg ■^^' ^^ ^^^^ action or suit to be brought by the Company against any shareholder to recover the money due for any call made by virtue of this Act or of the said deed of settlement it shall not be necessary to set forth the special matter but it shall be suiEcient for the Company to declare that the defendant is the holder of one share or more in the capital of the Company (stating the number of shares) and is indebted to the Company in the sum to which the calls in arrear shall amount in respect of one call or more upon one share or more (stating the number and amount of each of such calls) whereby an action hath accrued to the Company. ^ravedta action "'•■'■• 0^. tlie trial or hearing of such action or suit it shall be suffi- for caUs. cient to prove that the defendant at the time of making such call was a holder of one share or more in the capital of the Company and that such call was in fact made and such notice thereof given as is provided for that purpose in the said deed of settlement and it shall not be necessary to prove the appointment of the directors who made such call nor any other matter whatsoever and thereupon the Company shall be entitled to recover what shall be due upon such call with interest thereon. toreUp' ^'°P™' 12. The production of the shareholders' register-book shall be prima facie evidence of such defendant being a shareholder and of the number of his shares. outo^uhe'profits ^^- '^° dividend shall in any case be declared or paid out of the only. subscribed capital for the time being of the Company or otherwise than out of the net gains and profits of the business. h°Jd'i™d X^ ^^' •"■* shall be lavsrful for the Company notwithstanding any statute or law to the contrary to purchase take hold and enjoy to them and their successors for any estate term of years or interest any houses of&ces buildings or lands necessary or expedient for the purpose of managing conducting and carrying on the affairs concerns and business of the Company or to build a suitable office on land purchased for that purpose and also to take and to hold until the same can be advan- tag"eously disposed of for the purpose of reimbursement only any lands merchandise and ships which may be so taken by the Company in satisfaction liquidation or discharge of any debt due to the Company or in security for any debt or liability and to sell convey demise assign exchange or otherwise dispose of such houses offices buildings and lands merchandise and ships as occasion may require. corporation.*" 15. It shall and may be lawful for every person who is or shall be otherwise competent to grant sell alien and convey assign assure demise and dispose of unto and to the use of the Company and their successors for the purpose aforesaid or any of them any such houses offices or lands. Bomwing 16. It shall be lawful for the directors from time to time as occasion shall arise for raising money for the purposes of the business of the Company to negotiate such of the bills or promissory-notes for the time being held by the Company as they may consider advisable or to PACIFIC EIRE AND MAHINE INSUEANCE COMPANY. §81 assign or sell any security belonging to the Company and the indorse- 26 Viotobia. ment of such bills or promissory-notes by the chairman of the Com- pany or other person authorized in that behalf by the directors for and on behalf of the Company shall be binding against every member thereof. 17. Allthe lands securities covenants debts moneys choses in action Property at pre- and things at present vested in the trustees of the Company or any tobUomevested other person on behalf of the Company shall immediately after the in corporation, passing of this Act become vested in the Company for the same estate and interest and with the like powers and authorities as the same are now vested in the said trustees or other person without any assignment or conveyance whatsoever. 18. Nothing in this Act contained shall be construed to prejudice Act not to preju- any call made or any contract entered into by the Company or by any airead'/ente'red' person on behalf of the Company before this Act shall have come into into- operation but the same call or contract shall be as valid to all intents and purposes as if this Act had not been passed and may be enforced in like manner as if the Company had been incorporated before such call was made or such contract was entered into. 19. The Company shall keep a book to be called the Shareholders' Registry of Eegister-book and in such book shall be fairly and distinctly entered ^^'^^'^oi'^s'^- .from time to time the names and additions of the several persons entitled or who shall from time to time hereafter become entitled to shares in the Company together with the number of shares to which such shareholders shall be respectively entitled. 20. The production of the shareholders' register book shall be ad- shareholders mitted in all Courts of civil and criminal jurisdiction as prima facie be^^fXince'' '° evidence of the person named therein as a shareholder being such shareholder and of the number of his shares and every shareholder or other person having a judgment at law or a decree in equity against the Company may at all convenient times peruse the shareholders' register book gratis and may require a copy thereof or any part thereof and for every one hundred words so required to be copied the Company may demand a sum not exceeding one shilling. 21. If any execution either at law or in equity shall have been Execution issued against the property or effects of the Company and if there hlideri^''*'^^' cannot be found sufficient whereon to levy such execution then such execution may be issued against any of the shareholders for the time being or any former shareholder of the Company Provided always that no such execution shall issue against any such shareholder or former 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 in writing to the person sought to be charged and upon such motion such Court may order execution to issue accordingly Provided further that in the case of execution against any former shareholder it shall be shewn that such former shareholder was a shareholder of the Company at the time when any contract or engagement was entered into for breach of which contract or engagement such execution shall have issued or become a shareholder during the time such contract or engagement was unexecuted or unsatisfied or was a shareholder at the time the judg- ment or decree was obtained upon which judgment or decree such execution shall have issued Provided also that in no case shall such 3k 882 PACIFIC MEE AND MAEINE INSURANCE COMPANY. Keimbursement of shareholders. Execution against share- holders for con- tributions. 26 Victoria, execution be issued against tte person property or effects of any former shareholder after tte expiration of two years after the person sought to be charged shall have ceased to be a shareholder of the Company. 22. Every person against whom or against whose property or effects execution upon any judgment decree or order obtained as aforesaid shall have been issued as aforesaid shall be entitled to recover against the Company all loss damages costs and charges which such person may have incurred by reason of such execution and that after due diligence used to obtain satisfaction thereof against the property and effects of the Company such person shall be entitled to contribution for so much of such loss damages costs and charges as shall remain unsatisfied from the several other persons against whom execution upon such judgment or decree obtained against the Company might also have been issued under the provision in that behalf aforesaid and that such contribution may be recovered from such persons as aforesaid in like manner as contribution in ordinary cases of co- partnership. 23. In the cases provided by this Act for execution or any judgment decree or order in any action or suit against the Company to be issued against the person or against the property and effects of any share- holder or former shareholder of the Company or against the property and effects of the Company at the suit of any shareholder or former shareholder in satisfaction of any money damages costs and expenses paid or incurred by him as aforesaid in any action or suit against the Company such execution may be issued by leave of the Court or of a Judge of the Court in which such judgment decree or order shall have been obtained upon motion or summons for a rule to shew cause or other motion or summons consistent with the practice of the Court without any suggestion or scire facias in that behalf and that it shall be lawful for such Court or Judge to make absolute or discharge such rule or allow or dismiss such motion (as the case may be) and to direct the costs of the application to be paid by either party or to make such other order therein as to such Court or Judge shall seem fit and in such cases such form of writs of execution shall be sued out of the Courts of law. and equity respectively for giving effect to the provisions in that behalf aforesaid as the Judges of such Courts respectively shall from time to time think fit to order and the execution of such writs shall be enforced in like manner as writs of execution are now enforced Provided that any order made by a Judge as aforesaid may be discharged or varied by the Court on application made thereto by either party dissatisfied with such order Provided also that no such motion shall be made nor summons granted for the purpose of charging any shareholder or former shareholder until ten days' notice thereof shall have been given to the person sought to be charged thereby. o"co°''orate ^° ^^' '^^^ directors for the time being shall have the custody of the seal '^° common seal of the Company and the form thereof and all other mat- ters relating thereto shall from time to time be determined by the directors in the same manner as is provided by the said deed of settle- ment for the determination of other matters by the directors and the directors present at a board of directors of the Company shall have power to use such common seal for the affairs and concerns of the Company and under such seal to authorize and empower any person PAHISTELL'S TEUST. 883 witliout such seal to execute any deeds and do all or any such other 26 Victoeia, matters and things as may be required to be executed and done on be- half of the Company in conformity with the provisions of the said deed of settlement and of this Act but it shall not be necessary to use the corporate seal in respect of any of the ordinary business of the Com- pany or for the appointment of an attorney or solicitor for the pros- ecution or defence of any action suit or proceeding. 25. In citing this Act in other Acts of Parliament and in legal short title ottho instruments it shall be suificient to use the expression the " Pacific Pire and Marine Insurance Company's Incorporation Act 1862." PARNELL'S TRUST. An Act to enable "William Parnell and Charles Parnell 27 Victokia. the surviving Trustees of the will of Thomas Parnell deceased to sell certain sheep and cattle stations and stock being part of the trust property and to invest the money to arise from such sale upon the trusts of the said will. [30 January, 1864.] WHEEBAS Thomas Parnell late of Eichmond Bottoms in the Preamble county of Cumberland and of Osterley in the county of North- umberland grazier deceased by his last wiLl and testament bearing date the eighteenth day of October one thousand eight hundred and fifty- two and of which he appointed his wife Elizabeth Parnell since deceased and his sons Wniiam Parnell of Eichmond and Charles ParneU of Osterley iu the said Colony to be executors and trustees gave and be- queathed to his said trustees the residue of his live stock upon trust in the events which have happened for all and every his children living at his decease (except as therein mentioned) as should have attained the age of twenty-one years or been married or as should afterwards live to attain the age of twenty-one years or marry before that age to be divided between or amongst them in equal shares And he directed that the shares of such of his said children as should be a son or sons of and in the residue of his said live stock should be delivered to him or them respectively at his or their respective ages of twenty-one years and that the share or shares of such of his said children as should be a daughter or daughters of and in the residue of his said live stock should be de- livered to her or them respectively at her or their respective ages of twenty-one years or day or respective days of marriage which should first happen and he directed that a partition and division of the said live stock should be made when and as each of his said children should become entitled to his or her share and that such partitions and divisions should be made by the trustees or trustee for the time being of his will in such manner as they or he or she in their his or her discretion should think proper And the said testator by his said will authorized his said trustees or trustee in their her or his discretion to convert into money by sale or mortgage and apply not more than one-half of the expectant share or shares of any of his said children for his her or their advancement in life And the said testator gave and bequeathed ail his estate title and interest in and to all the sheep and cattle stations or 88 i PAENELL'S TEUST. 27 VicTosiA. runs that he might be possessed of at the time of his decease unto his two youngest children that should be living at the time his youngest child should attain the age of twenty-one years as tenants in common And whereas the said testator died on the eleventh day of September in the year one thousand eight hundred and fifty-six without having revoked or altered his said will save only in so far as the said will was revolted or altered by two codicils thereto neither of which codicils in any way affected thedispositions hereinbefore mentioned And whereas the sheep and cattle stations or runs and live stock of which the said testator was possessed at the time of his death and which are subject to the trusts of the said will hereinbefore mentioned consisted of the sheep and cattle stations or runs described in the Schedules to this Act together with the stock thereon that is to say two stations or runs ad- joining to each other situate in the district of Liverpool Plains and called or known respectively by the names of the Burrell or Wetalibah and Tulcumbah runs and in the Pirst Schedule to this Act particularly de- scribed together with the stock thereon and seven runs adjoining to each other situate on the Eiver Darling and called respectively G-eera or Wyaberry WilloiUlouri Back Willoi Back UlouriG-ingeand Back Q-inge and in the Second Schedule to this Act particularly described together with the stock thereon And whereas all the children of the said testator who were beneficially interested in the said stations or runs and stock under the trusts of the said will have with the exception of four of such children attained the age of twenty-oneyears And whereas the children of the said testator who have attained the age of twenty-one years have received a portion of their shares of the said live stock of the said testator and the remainder of such shares are now being mustered for the purpose of being delivered to them and removed from the said runs And whereas the said AVilliam Parnell and Charles Parnell as the surviving trustees of the said will of the said testator are now holding and managing the said sheep and cattle stations or runs together with the stock thereon belonging to the infant children of the said testator for the benefit of the said infant children as being the parties now beneficially inter- ested therein as aforesaid And whereas it will be advantageous to the said infant children of the said testator as so beneficially interested under the trusts of the said will as aforesaid that the said William Parnell and Charles Parnell as the surviving trustees of the said will should be at liberty to sell and absolutely dispose of the said sheep and cattle stations and stock now held and managed by them as aforesaid and to invest the money to arise from such sale upon the trusts of the said will but the said will does not contain any power enabling the said trustees so to do 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 : — Trustees to sell 1. It shall be lawful for the said William Parnell and Charles and convey. Parnell or other the trustees or trustee of the said will to sell and dispose of the said sheep and cattle stations or runs and the stock thereon by public auction or private contract and either in one lot or in several lots as they shall think most expedient for such prices as they or he shall consider advantageous to the trusts to accept for the same and when sold to do all necessary and proper acts for vesting the same in the purchaser or purchasers thereof freed and discharged from the trusts created and declared by the said will and the receipt of the PAENELL'S TEUST. 885 trustees or trustee of tte said will stall be a sufficient discHarge to the 27 Victokia. purchaser or purchasers of the said stations or runs and stock or any part or parts thereof for the purchase money payable by him or them respectively and shall wholly exonerate him or them from seeing to the application thereof and from all liability as to the misapplication or non-application thereof. 2. The moneys to arise from the sale of the said stations or runs and Moneys to arise stock shall with all convenient speed be apportioned by the said Ip^ruined.''* "William Parnell and Charles Pamell or other the trustees or trustee of the said will into two parts one of such parts being the moneys estimated to have arisen from the sale of the said stations or runs exclusive of the said stock and the other of such part being the moneys estimated to have arisen from the sale of the said stock exclusive of the said stations or runs. 3. The moneys estimated to have arisen from the sale of the said Moneys arising stations or runs exclusive of the said stock shall with all convenient y°™^^^^* ^'^" speed be laid out and invested by the said William Parnell and Charles invested. Parnell or other the trustees or trustee of the said will in the purchase of lands in the Colony of New South "Wales for an estate in fee- simple or in bank shares or in Government or real securities or on mortgage of freehold estates And the said William Parnell and Charles Parnell or other the trustees or trustee of the said will shall forthwith settle and assure or cause to be settled and assured the said hereditaments and premises bo to be purchased and the accamulated Tents issues and profits thereof upon such and the same trusts for the two youngest children of the said testator that shall be living at the time his youngest child shall attain the age of twenty-one years as are by the said will expressed and declared of and concerning the said testator's right title and interest in and to all the sheep and cattle stations or runs that he might be possessed of at the time of his decease or as near thereto as the deaths of the parties or other contingencies may admit And in the meantime and until the moneys estimated to have arisen from the sale of the said stations or runs exclusive of the said stock shall be invested as aforesaid the said William Tarnell and Charles Parnell or other the trustees or trustee of the said will shall place out such moneys at interest in bank shares or in Grovemment securities and also from time to time alter vary and transfer such securities for other securities of the same or like nature And the dividends interest and annual proceeds which shall from time to time arise in respect of such securities shaU be accumulated by the said William Parnell and Charles Parnell or other the trustees or trustee of the said will and be treated in the same way as the principal moneys out of which the same have arisen. 4. The moneys estimated to have arisen from the sale of the said Moneys arising «tock exclusive of the said stations or runs shall with all convenient g™^ to'^e'in- speed be laid out and invested by the said William Pamell and Charles vested. IParnell or other the trustees or trustee of the said will in the purchase of lands in the Colony of New South Wales for an estate in fee-simple or in bank shares or in Government or real securities or on mortgage of freehold estates And the said William Parnell and Charles Parnell or other the trustees or trustee of the said will shall forthwith settle and assure or cause to be settled and assured the said hereditaments and premises so to be purchased and the accumulated rents issues and 886 PAENELL'S TEUST. 27 ViCTOBM. profits thereof upon sucli and the same trusts for the said four remain- ing children of the said testator who have not attained the age of twenty-one years as are hy the said will expressed and declared of and concerning the residue of the said testator's live stock or as near thereto as the deaths of the parties or other contingencies may admit And in the meantime and until the moneys estimated to have arisen from the sale of the said stock exclusive of the said stations or runs shall be in- vested as aforesaid the said William Parnell and Charles Parnell or other the trustees or trustee of the said will shall place out such money at interest in hank shares or in G-overnment securities and also from time to time alter vary and transfer such securities for other securities of the same or like nature and the dividends interest and annual pro- ceeds which shall from time to time arise in respect of such securities shaU. he accumulated by the said "William Parnell and Charles Parnell or other the trustees or trustee of the said will and be treated in the same way as the principal moneys out of which the same have arisen. Title of Act. 5. In citing this Act in any instrument document or proceeding it shall be sufficient to use the expression " Parnell's Trust Act." PIEST SCHEDULE WITHIN EEFEEEED TO Description of " Burrell "or " Wetalihah " Hun, Bounded on the west by a marked tree-line commencing on the right bank of the River Namoi at a tree marked T and W about one mile above Burburgate head station thence about jnorth-east by a compass until it strikes a tree marked T and LL situate on the Gunnibal Plain about two miles from the commencing point thence by a line by compass about north-east by north until it strikes a tree marked T in the centre of the Little Gap north of Parnell's Big Gap in the Main Dividing Range about six or seven miles thence on the north by the crest of the Main Dividing Range to a tree marked TH at the foot of that range and thence to a tree similarly marked in the Gap Creek at the foot of the Cow Mountain con- tinued along the summit of the Cow Mountain to a rook called Nobby under the peak of the aforesaid mountain On the east from the Nobby Rock by a line by compass running about south by west until it strikes a tree marked HO and T situate on the north bank of the River Namoi about two miles from Mr. Thomas Parnell's present hut and stockyard thus separating the Burrel run from Mr. Howe's station Carroll thence on the south by the Namoi River downwards about ten miles to the starting point. Description of" Tukitmiah" Run on the north side of the Namoi. Bounded as follows : — At the south-west extremity from the gully on the north side of the Namoi adjoining to Lamach's sheep station called Gunnum- bene to the mountain half a mile thence along the top of the main mountain range on the western side of the Tulcumbah Valley bearing northerly across the Big Gap commonly called Parnell's Gap at the point of the ridge thence along the main mountain range bearing north-easterly across the Little Gap as far as the Borah mountains thence along the mountain range dividing the Borah waters from the Burundi waters as far as the head of Tarpaulin Creek thence along the western bank of Tarpaulin Creek to the point of a range forming part of the main range that runs into Borah Gap thence across the Borah Gap as far as a point on the west side of Baldwin's Mountains opposite to the mouth of a gully considered as the boundary between Baldwin and Larnaoh thence up the said gully to the range dividing Bell's run on the north side of the Namoi from Lamach's and along the same chain of hills between Bell and Larnach to a point on the north bank of the Namoi fixed by Commissioner AUman thence across the Namoi to the south bank along the opposite ridge also fixed by Commissioner Allmann and continued along Bell's and Cobcroft's side lines to a point on the Peel River fixed by Commissioner Mitchell and thence down the north side of the Peel to its junction with the Namoi and along the north bank of the Namoi to the aforesaid gully adjoining to the Gurmumbeue station. PAENELL'S TiiUST. 887 THE SECOND SCHEDULE "WITHIN EEEEEEED TO. 27 Victobia. Description of "Oeera" or " Wyaherry" Run. Bounded on the east by Breewan run (Mr. Lawaon's station) bearing northerly five miles striking the Barwin River at a point a quarter of a mile above the Wyaberry hut thence on the north by the Barwin River bearing westerly ten miles to a point within a quarter of a mile of Boree (Mr. Chapman's station) on the west by a line bearing southerly five miles dividing it from that station and on the south by a line bearing easterly ten miles to the point of commencement. Description of " Willoi " Run. Bounded on the west by the Mara Creek commencing at a point on the eastern side thereof at its junction with the southern boundary of Geera or Wyaberry run and bearing southerly five miles on the south by a line bearing easterly five miles dividing it from Ulouri and Ginge Plains on the east by a line bearing northerly five miles dividing it from Back Willoi to the southern boundary of the Geera or Wyaberry run aforesaid and on the north by portion of the southern boundary of said run bearing westerly five miles to the point of commencement. Description of " Ulouri" Run. Bounded on the west by the Mara Creek commencing at a point on the eastern side thereof being the south-west corner of the Willoi run and bearing southerly five miles on the south by a line bearing easterly five miles dividing it from Ginge run on the east by a line bearing northerly five miles dividing it from Back Ulouri run and on the north by a line bearing westerly five miles dividing it from Willoi run aforesaid to the point of commencement. Description of "Back Willoi" Run. Bounded on the west by a line bearing southerly five miles (commencing at a point in the southern boundary of the Geera or Wyaberry run distant five miles easterly from the Mara Creek being the north-cast comer of the Willoi run) dividing it from the said Willoi run on the south by a line bearing easterly five miles dividing it from Back Ulouri run on the east by a line bearing northerly to the southern boundary of Townsend's run Willore on the north-east by a line bearing north-westerly two miles dividing it from a portion of said Willore run and on the north by a line bearing westerly three miles to the point of commence- ment dividing it from the Geera or Wyaberry run. Description of'BacTc Ulouri" Run. Bounded on the west by Ulouri run commencing at the north-east corner thereof by a line bearing southerly five mUes dividing it from said run on the south by a line bearing easterly five miles dividing it from Back Ginge on the east by a line bearing northerly five miles and on the north by a line bearing westerly five miles dividing it from Back Willoi to the point of commencement. Description of "Ginge" Run. Bounded on the west by the Mara Creek commencing at a point on the eastern side thereof being the south-west corner of Ulouri run and bearing southerly five miles on the south by a line bearing easterly five miles dividing it from Lower Willi run on the east by a line bearing northerly five miles dividing from Back Ginge and on the north by a line bearing westerly five miles to the point of comm enoemeut. Description of "Bach Ginge" Run. Bounded on the west by Ginge run commencing at the north-east corner thereof being a line bearing southerly five miles dividing it from said run on the south by a line bearing easterly five miles dividing it from Wapoon run on the east by a line bearing northerly five miles aud on the north by a line bearing westerly five miles dividing it from Ulouri run to the point of commencement. 888 Preamble. PAENELL'S LEASING. 37 VicTOEiA. An Act to enable Sarah Eliza Matilda ParneU formerly Sarah Eliza Matilda Clift) the wife of Charles ParneU of Edithville MUler's Eorest in the Colony of New South Wales and after her decease during the minority of her children to enable the trustees of the will and codicils of Samuel Clift deceased formerly of West Maitland to lease certain lands for building or other purposes and also all or any of the mines seams or strata of coal and other minerals within upon or under all or any of the said lands devised by the said will and codicils of the said Samuel Clift to the use of his daughter the said Sarah Eliza Matilda ParneU during her natural life and after her decease to her children share and share alike. [1 May, 1874-.] WHEEEAS Samuel Clift late of West Maitland in the Colony of New South Wales landholder deceased duly made and executed his last will and testament in writing bearing date the thirteenth day of January one thousand eight hundred and fifty-four And whereas the said testator duly made and executed four several codicils to his said will And whereas by the second of the said codicils bearing date the ninth day of June one thousand eight hundred and sixty certain persons were appointed trustees and executors of the said will and codicils and by the fourth of the said codicils bearing date the eight- eenth day of July one thousand eight hundred and sixty-two the said testator devised among other things the several pieces of land more particularly described in the Schedule to this Act to the use of the said testator's daughter Sarah Eliza Matilda ParneU the wife of Charles ParneU during her natural life for her own benefit free from the debts and control of her present or any future husband and after her decease to her children lawfully begotten share and share alike and if only one child then to such one child And whereas the said testator died on the nineteenth day of July one thousand eight hundred and sixty -two without having revolted or altered his said will or codicils so far as related to the said devise of the said land and the appointment of the said trustees And whereas valuable mines of coal and other minerals and substances have been discovered within upon or under the said lands so devised as hereinbefore mentioned or some of them And whereas it is greatly for the benefit of all the parties interested in the said lands so devised that the said Sarah Eliza Matilda ParneU should be empowered to grant leases of the said lands for long terms of years but no power to grant such leases was contained in the said will or codicils 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 as follows : — ■ 1. It shaU be lawful for the said Sarah Eliza Matilda ParneU subject to any formalities and requirements of law which may apply to her as Power to lease lands (excepting mines) for PAENELL'S LEASING-. 889 a married woman and after her decease where any of her children not of 37 Victokia. full age is in the actual possession of or entitled to the rents and building and profits of the lands devised by the said will and codicils and described fo^Snety^ntae in the Schedule hereto for the trustees of the said will and codicils for years, the time being to grant leases of all or any of the said lands for build- ing purposes or other purposes of improvement for terms not exceeding ninety-nine years to take effect in possession and not in reversion or by way of future interest so as there be reserved in every such lease the best rent that can reasonably be obtained for the said lands without taking any fine premium or f oregift for the granting thereof and so as there be contained in every such lease proper and reasonable covenants and agreements by every such lessee tor the due payment of the rent reserved thereby and a power of re-entry for non-payment of such rent and so as the respective lessees duly execute a duplicate or counterpart of such lease. 2. It shall be lawful for the said Sarah Eliza Matilda Parnell subject Power to grant to any formalities and requirements of law which may apply to her as &orin upm"? a married woman and after her decease where any of her children not under deviaed of full age is in the actual possession of or entitled to the rents and t™o years."' ^" profits of the lands devised by the said will and codicils and described in the Schedule hereto for the trustees of the said will and codicils for the time being to grant leases by deed for any term of years not exceeding forty -two years to take effect in possession and not in rever- sion or by way of future interest of all and every or any of the mines quarries veins strata and seams of copper lead iron coal stone clay and all other other minerals . whatsoever unopened as well as opened in under or upon the said lands together with any part of the same which may be thought necessary or convenient to be held for buildings roads or ways or other purposes with such mines or quarries together with full liberty and authority to search for work win take use and dispose of all such ores and minerals as shall be found therein and to sink and make shafts pits levels drifts trenches air-gates way-gates and water- courses and to erect and use any smelting refining or other furnaces or mills fire steam or other engines and machinery workmen's and other houses buildings sheds or other conveniences and to use all other lawful ways and means whatsoever not only for finding separating and cleansing any of the said minerals but for converting any of them into a manufactured condition and also to take and use sufficient ground room heap room and pit room for placing or manufacturing any of the said minerals and for laying the waste refuse or rubbish to be from time to time produced from the said mines and quarries and also with free and full liberty to use or to make and use all proper and conve- nient railways and other ways for the carriage of materials and articles to such mines or quarries and for the carriage and delivery of any of the said minerals with horses carts waggons and other carriages and generally upon such terms and with such stipulations as shall be rea- sonable usual or necessary for any of the purposes aforesaid so that in every such lease there be reserved and made payable the best and most improved yearly rent dues duties tolls or royalties that can be reason- ably obtained for the same without taking any fine premium or fore- gift for the granting thereof and so as there be contained in every such lease proper and reasonable covenants and agreements by every such lessee for the due payment of such rent dues duties tolls or royalties thereby reserved and for the working and management of the eaid mines quarries and works and a power of re-entry for non-payment 890 PAENELL'S LEASING. .37 Victoria, of sucli rents dues duties tolls or royalties and so as the respec- tive lessees duly execute a duplicate or counterpart of suci leases Provided always that of the gross income to be derived from such rents dues duties tolls or royalties there shall be set apart (upon the pay- ment thereof from time to time to the trustees of the said will and codicils) by such trustees a sum equal to one-fourth of every such amountsopaid to themduringthe lifetime of the said Sarah Eliza Matilda Parnell And the sums so to be set apart shall with all accumulations of interest be invested from time to time in G-overnment securities for the benefit of the child or children of the said Sarah Eliza Matilda Parnell lawfully begotten with power to such trustees to alter vary and transfer such securities for others of the like nature And the remain- ing three-fourths part of such sums so to be derived as aforesaid shall be payable to the said Sarah EUza Matilda Parnell in the same way and subject to such conditions and restrictions as income under the said will and codicils And after the death of the said Sarah Eliza Matilda Parnell the proceeds of the sums so invested in G-overnment securities shall be paid to such child or children as aforesaid share and share alike in like manner as is provided by the said will and codicils in respect of the proceeds or income derivable from any property devised to such child or children in remainder. Short title. 3. This Act shall be styled the " Parnell's Leasing Act of 1874." SCHEDULE. All that piece or parcel of land situate in the parish of Branxfcon and county of Northumberland and Colony of New South Wales Commencing at the north-west corner of the village of Greta which is the south-west corner of Wyndham's nine hundred and sixty acres and the south-east corner of Wyndham's six hundred and forty acres and bounded on the north by a line bearing west dividing it from Wyndham's six hundred and forty acres and part of the south boundary of the Church and School land one hundred and eighteen chains more or less to a fence bounding the eastern side of Dewsnap's occupation Then by that fence to the northern side of the present Government high road from Singleton to Maitland Then on the south by that side of the said high road south-easterly towards Mait- land to where it meets Holden's six acres purchase Then on the east by the west- ern side of that purchase bearing north thirteen degrees east fifteen chains Again on the south by the north boundary of Holden's six acres and the Government reserve bearing easterly eight chains sixty links to the west boundary of the village of Greta and on the east by that boundary bearing north fifty-eight chains to the commencing point the said measurements being more or less This description includes the five lots of six acres each purchased by the late Mr. Samuel Clift. And all that piece orparcel of land situate in the parish of Branxton in theoounty of Northumberland and Colony of New South Wales being the land origihally granted to J. T. Hughes two hundred and thirty-five acres and ten acres three roads of W. Harpur's two hundred acres Commencing at the south-east corner of Hughes' two hundred and thirty-five acres at its junction with the west boundary of the Oswald Estate whicli is Harpur's two thousand acres and the north-east corner of Harpur's five hundred and sixty acres and bounded on the south by the line dividing it from Harpur's five hundred and sixty acres bearing west and crossing the Great Northern Railway forty-five chains to a fence On the west by the east boundary of Flood's one hundred acres bearing north to Anvil Creek On the north by that creek downwards bounding Flood's one hundred acres and Baylis's fifty acres to the south boundary of the village of Greta as shown in the Government chart Then on the north by the south boundary of the village of Greta to a gum-tree at the south-east comer of the village Then on the west by part of the east boundary of the village of Greta bearing north twenty-seven chains fifty links to the high road from Singleton to Maitland Then on the north by that high road bearing south- easterly to where it cuts the south boundary of Harpur's two hundred acres Then by that boundary east to its junction with the west boundary of Harpur's two PAENELL'8 LEASING. 891 thousand acres Oswald Estate And on the east by that boundary of the Oswald 37 Victoria. Estate bearing south to the commencing point This land includes ten acres and three roods of Harpur's two hundred acres on the south-west side of the said high road. And all that piece or parcel of land in the Colony of New South Wales contain- ing by admeasurement eight acres and eighteen perches be the same more or less situated in the county of Northumberland and parish of Branxton village of Greta suburban allotment number one of section number twenty -five Commencing on Anvil Creek at the west comer of allotment number two and bounded on the south- east by the north-west boundary-line of that allotment bearing north-east eighteen chains forty links to Clift-street On the north-east by five chains to the south- west side of Clift-street bearing north-west to Nelson-street On the north-west by fifteen chains of the south-east side of Nelson-street bearing south-west to Anvil Creek And on the south-west by Anvil Creek upwards to the west corner of allot- ment number two aforesaid Being the land sold as lot thirty-seven in pursuance of the proclamation of fourth February one thousand eight hundred and fifty-six. And all that piece or parcel of land in the Colony of New South Wales contain- ing by admeasurement four acres one rood ten perolies be the same more or less situated in the county of Northumberland and parish of Branxton village of Greta suburban allotment number two of section number twenty-three Commencing on Anvil Creek at the south corner of allotment number one and bounded on the north-west by the south-east boundary-line of that allotment bearing north-east five chains eighty-five links to Clift-street On the north-east by five chains of the south-west side of Clift-street bearing south-east to Nelson-street On the south- east by fourteen chains sixty links of the north-west side of Nelson-street bearing south-west to Anvil Creek and on the west by the Anvil Creek downwards to the south comer of allotment number one aforesaid Being the land sold as lot thirty- five in pursuance of the proclamation of the fifth March one thousand eight hundred and fifty-six. And all thatpieoe or parcel of land in the Colony of New South Wales containing by admeasurement seven acres ope rood and eighteen perches be the same more or less situated in the county of Northumberland and parish of Branxton village of Greta suburban allotment number four of section number twenty-five Commencing on Anvil Creek at the south corner of allotment number three and bounded on the north-west by the south-east boundary-line of that allotment bearing north-east fifteen chains forty-two links to Clift-street On the north-east by five chains of the south-west side of Clift-streetbearingsouth-east to Florence-street On the south- east by fourteen chains eight links of the north-west side of Florence-street bear- ing south-west to Anvil Creek on the south-west by Anvil Creek downwards to the south corner of allotment number three aforesaid Being the land sold as lot forty in pursuance of the proclamation of fourth February one thousand eight hundred and fifty-six. And all that piece or parcel of land in the Colony of New South Wales contain- ing by admeasurement eight acres be the same more or less situated in the county of Northumberland and parish of Branxton village of Greta suburban allotment number three of section number twenty-five Commencing on Anvil Creek at the south corner of allotment number two and boimded on the north-west by the south- east boundary-line of that allotment bearing north-east seventeen chains forty links to Clift-street On the north-east by five chains of the south-west side of Clift- street bearing south-east On the south-east by the north-west boundary-line of allotment number four bearing south-west fifteen chains forty-two links to Anvil Creek And on the south by Anvil Creek downwards to the south corner of allotment number two aforesaid Being the land sold as lot thirty-nine in pursu- ance of proclamation of fourth February one thousand eight hundred and fifty -six. And all that piece or parcel of laud in the Colony of New South Wales contain- ing by admeasurement nine acres and twenty perches be the same more or less situated in the county of Northumberland and parish of Branxton village of Greta suburban allotment number two of section number twenty-five Commencing on Anvil Creek at the south corner of allotment number one and bounded on the north- west by the south-east boundary-line of that allotment bearing north-east eighteen chains forty-links to Clift-street On the north-east by five chains of the south- west side of Clift-street bearing south-east On the south-east by the north-west boundary-line of allotment number three bearing south-west seventeen chains forty links to Anvil Creek And on the south-west by Anvil Creek downwards to the south corner of allotment number one aforesaid Being the land sold as lot thirty-eight in pursuance of the proclamation of the fourth February one thousand eight hundred and fifty-six. 892 PAEEAMATTA EIVEE STEAM COMPANY. 37 ViCTOElA. And also all that piece or parcel of land in the Colony of New South Wales containing by admeasurement three acres three roods thirty perches be the same more or less situated in the county of Northumberland and parish of Branxton village of Greta suburban allotment number one of section number twenty-three Commencing on Anvil Creek at the west corner of allotment number two and bounded on the south-east by the north-west boundary-line of that allotment bearing north-east five chains eighty-five links to Clift-street on the north-east by five chains of the south-west side of Clift-street bearing north-west to Hunter- street on the north-west by nine chains forty links of the south-east side of Hunter-street bearing south-west to Anvil Creek And on the south by Anvil Creek upwards to the west corner of allotment number two aforesaid being the land sold as lot thirty-four in pursuance of the proclamation of the fifth March one thousand eight hundred and fifty-six. All that piece or parcel of land in the Colony of New South Wales containing by admeasurement three hundred and eighteen acres be the same more or less situated in the county of Northumberland and parish of Maitland Commencing at the western extreme of the south boundary-line of Miss Merritt's three hundred and twenty acres grant (marriage portion) and bounded on the north by that boundary-line bearing east eighty chains on the east by a south line of forty chains on the south by a west line of eighty chains and on the west by forty chains of the east boundary-line of Maughan's farm bearing north to the western extreme of the south boundary-line of Miss Merritt's grant aforesaid. Note : The parish road which passes through this land comprising two acres is not included in the area thereof being the laud sold as lot sixteen in pursuance of the advertisement of eighteenth September one thousand eight hundred and thirty -nine. All that piece or parcel of land in the Colony of New South Wales containing by admeasurement sixty acres be the same more or less situated in the county of Northumberland and parish of Maitland at the Four-mile Creek near Maitland Commencing at the west extremity of the south boundary-line of J. Stewart's sixty-seven acres and bounded on the north bj' that line bearing east twenty-five chains on the east by a line bearing south twenty-four chains on the south by a line bearing west twenty-five chains and on the west by a line bearing north twenty -four chains to the south-west (jorner of Stewart's sixty-seven acres aforesaid being the land sold as lot twelve in pursuance of the proclamation of twenty-third July one thousand eight hundi'ed and fifty-three. PAEEAMATTA EIVEE STEAM COMPANY. aoTioTOEiA. An Act to incorporate tlie Parramatta Eiver Steam Company. [7 April, 1866.] Preamble. "TT7HEEEAS a Joint Stock Company called tlie Parramatta Eiver W Steam Company has been lately established in the Colony of New South Wales under and subject to the rules regulations and pro- visions containfed in a certain deed of settlement bearing date the twelfth day of October in the year of our Lord one thousand eight hundred and sixty-iive purporting to be a deed of settlement of the said Company And whereas by the said deed of settlement the several parties thereto have respectively and mutually covenanted and agreed that they whilst holding shares in the capital of the said Company should be and continue until dissolved under the provisions in that behalf therein contained a joint stock Company under the name and title of the Parramatta Eiver Steam Company for the purpose o£ trading with steam vessels between Sydney and such place or places on the Parramatta Eiver as the directors of the said Company might from time to time determine and it was by the same deed of settlement agreed that the capital of the said Company should consist of fire thousand pounds in one thousand shares of five pounds each and of PAEEAMATTA EIVEE STEAM COMPANY. 893 such further sum and sums of money as might thereafter he raised hy 29 Victoria. the creation and sale of new shares of the like amount as therein pro- vided And whereas hy the said deed of settlement provision has heen made for the due management of the affairs of the Company And whereas the said Company is desirous of being incorporated and it is expedient that the said Company should be incorporated Be it there- fore 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. Such and so many persons as have already become or at any time Company incor- or times hereafter shall and may in the manner provided by and sub- P<»''*<=<1- ject to the rules regulations and provisions contained in the said deed of settlement become proprietors of shares of or in the capital for the time being of the said Company shall (subject nevertheless to the con- ditions regulations and provisions hereinafter contained) be one body politic and corporate in name and in deed by the name of the Parra- matta Eiver Steam 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 whatso- ever at law or in equity and may prefer lay and prosecute any indict- ment 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 steam-ships or vessels wharves money goods effects bills notes securities or other property of the said Company to be the steam-ships or vessels wharves money goods effects bills notes securities or other property of the said corporation and to designate the said Company 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 with a common seal which may be altered varied and changed from time to time at the pleasure of the said corporation. 2. The several laws regulations clauses and agreements contained in Deed of settie- the said deed of settlement or to be made under or by virtue or in ™''"' """fi^^sd pursuance thereof shall be deemed and considered to be and shall be the by-laws for the time being of the said corporation save and except ia so far as any of them are or shall be or may be altered varied or repealed by or are or shall or may be inconsistent or incompatible with or repugnant to any of the provisions of this Act or of any of the laws and statutes 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. 3. It shall be lawful for the said corporation from time to time to increase of extend or increase its capital for the time being by the creation and capital, disposal of new shares in the manner specified and set forth and sub- ject to the rules regulations and provisions contained in the hereinbe- fore in part recited deed of settlement. 4. The capital or joint stock for the time being and all the fund and capital and property of the said corporation and the several shares therein and the pe*^n*|°y ® 894 PAEEAMATTA EIVEE STEAM COMPANY. 29 ViCTOEiA. profits and advantages to he derived therefrom shall be and be deemed personal estate and be transmissible accordingly subject to the regula- tions of the said deed of settlement. SbTe'inteSs ^- '^.^® Corporation shall not be bound in any manner by any trusts affecting aharea. or equitable interests or demands affecting any shares of the capital standing in the name of any person as the ostensible proprietor thereof or be required to take any notice of such trusts or equitable interests or demands but the receipt 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 corporation for or in respect of any dividend or other money payable by the said corporation in respect of such shares and a transfer of the said shares in accordance with the regulations in that behalf contained in the said deed of settlement by the person in whose name such shares shall so stand shall notwithstanding as aforesaid be binding and conclusive as far as may concern the said corporation 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 by the corporation in respect of any such shares or the transfer of any such shares or to direct the payment of such dividends or other money 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. ■^TvT M i^'^d ^' -'■^ shall be lawful for the said corporation to purchase lease take &c. hold and enjoy to them and their successors for any estate term of years or interest any steam-ships or vessels lands houses offices build- ings and other real or personal estate necessary or proper for the pur- pose of managing conducting and carrying on the affairs concerns and business of the said corporation and to sell convey assign assure lease and otherwise dispose of or act in respect of such steam-ships or vessels lands houses oflices buildings and other real and personal estate as occasion may require. Conveyance to 7_ j^ ghall and may be lawful to and for all persons who are or shall "be otherwise competent so to do to grant sell alien and convey demise assign assure and dispose of unto and to the use of the said corporation and their successors for the purposes aforesaid any real or personal estate. SieproMa'"™" ^- ^° dividend or bohus shall in any case be declared or paid out of the subscribed capital for the time being of the said Company or other- wise than out of the net gains and profits of the business. Aotiona or suits 9 jjj any action or suit to be brought by the said corporation against any proprietor of shares in the capital of the said corporation to recover any sum of money due and payable to the said corporation for or by reason of any call made by virtue of this Act or of the said deed of settlement it shall be sufficient for the corporation to declare and allege that the defendant being a proprietor of such or so many shares in the capital of the said corporation is indebted to the said corporation in such sum of money (as the call in arrears shall amount to) for such call of such sum of money upon such or so many shares belonging to the said defendant whereby an action hath accrued to PAHEAMATTA EIVEE STEAM COMPANY. 895 the said corporation without setting forth any special matter and on 29 Victoria, the trial of such action or suit it shall not be necessary to proTe the appointment of the directors who made such call or any other matters except that the defendant at the time of making such call was a holder or proprietor of one or more share or shares in the capital of the said corporation 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 is directed by the said deed of settlement and the said corporation shall thereupon be entitled to recover what shall appear due. 10. The share register of the said Company shall at all times be share register to primd facie evidence to show who are the proprietors for the time g^ynersMp* °' being of the capital thereof and the number of shares held by each proprietor. 11. Nothing herein contained shall j)rejudice or be deemed to pre- contracts &o. judice any call made or any contract or other act deed matter or thing "J"^^*''^ ^^^ entered into made or done by the said Company prior to or under or by before Act. virtue of the said deed of settlement before this Act shall come into operation but the same call contract act deed matter or thing shall be as valid and effectual to all intents and purposes as if this Act had not been passed and may be enforced in like manner as if the said Company had been incorporated before the same call contract act deed matter or thing had been made entered into or done. 12. In the event of the assets of the corporation being insufficient to Liability of meet its engagements the shareholders shall in addition to the amount shareholders. of their subscribed shares in the capital of the said corporation be responsible to the extent only of a sum equal to the amount of their fvjaid shares. 13. It shall and may be lawful for the directors subject to the pro- Power to borrow visions of tie deed of settlement from time to time to borrow upon aeb'entMef ^ ""^ mortgage ^f the property of the Company or upon debentures charge- able therepn issued under the common seal of the Company any sum or sums of mwefty-^sigtiexce^'/g-half the amount of the paid-up capital of the Compjjlny for th^^y'being. 14. The directors ay aB^® ^un.Q being shall have the custody of the Custody and use common seal of the sa, ^^^rporation and the form thereof and all other geai.°'^°™*° matters relating theret ' '^ from time to time be determined by the directors in the same '^^J P®'^so%)Tovided in and by the said deed of settlement for the dete-*^'^*-!;-'- °^ J of other matters by the board of directors and the directi^l^^^^'^^/it at a board of directors of the said corporation shall have pr-^® ^j^fase such common seal for the affairs and concerns of the said'^SSf^^'c^.o ^nd under such seal to authorize and empower any persoi^^?^„ #^ ^ seal to execute any deeds and do all or any such other m^o'C^'^-'?''things as may be required to be executed and done on behalf of the said Company in conformity with the provisions of the said deed of settlement and of this Act but it shall not be necessary to use the corporate seal in respect of any of the ordinary business of the Company or for the appointment of an attorney or solicitor for the prosecution or defence of any action suit or proceeding. 896 PAEEAMATTA MARKET— PAEEAMATTA G-AS CO. PAREAMATTA MAEKET. 30 ViOTOBIA. Preamble. Parraraatta Market transfer- red to munici- pality. Short title. An Act to transfer the Parramatta Market to the Council of the Municipality of Parramatta. [6 December, 1866.] WHEEBAS it is expedient to transfer to the municipality of Par- ramatta the market established in the town of Parramatta in the year of our Lord one thousand eight hundred and forty-one 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 market established in the town of Parramatta in the year of our Lord one thousand eight hundred and forty-one under the Act third Victoria number nineteen and all land estate and all personal property of whatsoever kind belonging thereto or usually held and enjoyed therewith or held in trust therefor or for the purposes thereof are hereby transferred to and vested in the Council of the munici- pality of Parramatta in trust for and subject to the several purposes and provisions of the Municipalities Act of 1858. 2. This Act shall be styled and may be cited as the " Parramatta Markat Act of 1866." PAEEAMATTA 4S COMPANY'S INCOEPOEA- TION. 36VIOTOBIA. An Act to incorporate the Parrafc^q,tta 0- 3 .s jG / jLTnuanv (Limited.) [13 Augus^J^^^^-ra.] | Preamble. "^THEEEAS a Joint Stock Company calk ,ae Parramatta G-as T V Company (Limited) has been lately; per^olished at Parramatta in the Colony of New South "Wales it'sell alien* subject to the rules regulations and provisions contained q the use'-^'ii deed of settlement bearing date the sixth day of October aforesaid^a-^id eight hundred and seventy-one purporting to be the deed ^rement of the said Com- pany And whereas by the said deed o?, -, nent the several parties thereto have respectively and mutually co-,.^ianted and agreed that they whilst holding shares in the capital of the Company should become remain and continue until dissolved under the provisions in that behalf therein contained a joint stock Company for the express object of carrying on the business thereof under the name style and title of the Parramatta G-as Company (Limited) for the purpose of producing inflammable air or gas from coal oil tar pitch or other material and for lighting and supplying with gas all public and private places roads streets and buildings within the town of Parramatta in the Colony of New South Wales and its suburbs and also for manufactur- ing gelling or disposing of all and every product refuse or residuum to be obtained from the material used in such business And for the purposes aforesaid to purchase or lease lands offices and buildings and PAEEAMATTA QAS COMPANY. 897 mate erect sink lay place and fix sncli retorts gasholders meters re- 36 Victoria. ceivers cisterns engines machines cuts drains sewers water-courses pipes reservoirs and buildings of such construction and in such manner as should he deemed necessary and proper for the purpose of carrying the objects of the said Company into execution And whereas by the said deed of settlement it was further agreed that the capital of the Company should consist of nine thousand pounds to be contributed in shares of five pounds each and of such further sum and sums of money as should be raised by the creation allotment and sale of new shares for the like amount as therein provided And that the said Company should commence its operations so soon as two-thirds of the shares of the Company should have been taken up and the proprietors thereof should have executed the said deed of settlement And whereas by the said deed of settlement provision has been made for the due manage- ment of the affairs of the said Company by certain directors already appointed and by other directors to be from time to time elected and appointed as their successors by the shareholders of the said Company and also for the disposal and application of the profits and the pay- ment of dividends and bonuses And whereas the said Company is desirous of being incorporated and it is expedient that the said Com- pany should be incorporated accordingly Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and con- sent 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 following words and expressions in this Act shall have the interpretation several meanings hereby assigned to them unless there be something '^'™^^- in the subject or the context repugnant to such construction that is to say — The expression " the Company" shall mean the Company incor- porated by this Act The expression " the directors" shall mean the board of directors of the Company duly appointed under the provi- sions of the deed of settlement of the Company The word " share- holder" shall mean shareholder proprietor or member of the Company The expression " deed of settlement" shall mean the deed of settle- ment of the Company and any addition to alteration or amendment thereof which may be made in pursuance of the provisions thereof. 2. Such and so many persons as have already become or at any companyjncor- time or times hereafter shall or may in the manner provided by and ported, subject to the rules regulations and provisions contained in the said deed of settlement become holders of shares of or in the capital for the time being of the Company shall subject nevertheless to the conditions regulations and provisions hereinafter contained be one body politic and corporate by name and in deed by the name of " The Parramatta G-as Company (Limited)" and by that name shall and may grant and receive and shall and may sue and implead any person whether a member of the Company or not and may be sued and impleaded by any person whether a member of the Company or not in all Courts whatsoever at law or in equity and may prefer lay and prosecute any indictment information or prosecution against any person whomsoever whether a shareholder or not for any crime or offence whatsoever and in all indictments informations and prosecutions it shall be lawful to state the money goods effects bills notes securities or other property whatsoever nature of the Company relative to which such indict- ment information or prosecution is preferred laid or prosecuted to be 3l 898 PAEEAMATTA GAS COMPANY. 36 Victoria, tlie money goods effects bills notes securities or other property of the Company and generally to designate the Company by its corporate name whenever for any purpose whatsoever such designation shall be necessary and the Company shall have perpetual succession with a common seal which may be altered varied and changed from time to time at the pleasure of the Company. Deed of settle- 3_ The Several laws rules regulations clauses and agreements con- ' tained in the deed of settlement or to be made in pursuance of the provisions for that purpose therein contained are and shall be the by- laws for the time-being of the Company 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 with or repugnant to any of the provisions of this Act or any of the laws or statutes now or hereafter to be in force in the said Colony subject nevertheless to be and the same may be amended altered or repealed either wholly or in part in the manner provided by the said deed of settlement But no rule or by-law shall on any account or pretence whatsoever be made by the Company 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 the said deed of settlement or of this Act or of any of the laws or statutes in force in the said Colony for the time-being Provided always that no clause in the deed of settlement or any by-law made in pursuance of the said deed or of this Act shall be taken to affect any person who has not executed the said deed or the cestui que trust of any share in the said Company. Evidence of by- 4>. The production of a written or printed copy of the said deed of '™^* settlement or of any rules by-laws or regulations to be made in pursuance thereof or in pursuance of this Act having the common seal of the Company affixed thereto shall be sufficient evidence in every Court of civil or criminal iurisdiction of such deed of settlement or of such by-laws rules or regulations. *^fThrc''m'ar^ ^' ■"■* ^^^ ^^ lawful for the Company subject to the restrictions ompany. ^^^ provisions herein and in the said deed of settlement contained to produce or extract inflammable air or gas from coal oil tar pitch or other material And to light and supply with gas all public and private places roads streets and buildings within the town of Parra- matta in the Colony of New South Wales and its suburbs and to manufacture sell or otherwise dispose of all and every product refuse or residuum to be obtained from the material used in such business And for the purposes aforesaid to purchase and contract for the pro- curing of coal and other materials as aforesaid and to purchase or lease lands offices and buildings and make erect sink lay place and fix such retorts gasholders meters receivers cisterns engines machines cuts drains sewers water-courses pipes reservoirs and buildings of such con- struction and in such manner as shall be deemed necessary and proper for the purpose of carrying the objects of the said Company into execution. capital? °* ^- -'-* ^^^^ ^® lawful for the Company from time to time to extend or increase its capital for the time being by the creation and disposal of new shares in the manner specified and set forth and subject to the rules regulations and provisions contained in the said deed of settlement. i^onf *° '""™'^ ^' ^^ ^^^"^ ^® lawful for the directors from time to time as they shall "™^^' see fit in the manner specified in the deed of settlement to make accept PAREAMATTA GAS COMPANY. 899 and endorse such promissory-notes or bills of exchange on behalf of the 36 Victokia. Company for any purposes connected with the affairs and business of the Company and the making accepting and endorsing of any such promissory-notes or bills of exchange by the chairman of the Company and at least one other director authorized in that behalf by the directors for and on behalf of the Company shall be blading on the Company And it shall be also lawful for the directors on behalf of the Company to procure advances and to borrow money and to pay off and discharge such advances in the manner for the purposes and subject to the restrictions specified in the said deed of settlement. 8. All the lands securities covenants debts moneys choses in action Property at and things at present vested in the trustees of the Company or any tSeesto other person on behalf of the Company shall immediately after the become vested in passing of this Act become vested in the Company for the same estate """^""^^ '°°' and interest and with the like powers and authorities as the same are now vested in the said trustees or other person without any assignment or conveyance whatever. 9. Nothing in this Act contained shall prejudice or be construed to Act not to prejudice any call made or any contract or other act deed matter or contracr&ol^ thing entered into made or done by the Company or by any person on fiready entered behalf of the Company under or by virtue of the deed of settlement before this Act came into operation but the same call contract act deed matter or thing shall be as valid and effectual to all intents and purposes and may be enforced in like manner as if the Company had been incorporated before the same call contract act deed matter or thing had been made entered into or done. 10. The shares in the capital of the Company and all the funds and shares to be property of the Company and all shares therein shall be personal estate p^'^^"'"^' estata. and transmissible as such subject to the restrictions for that purpose contained in the said deed of settlement and shall not be of the nature of real estate. 11. Subject to the restrictions for this purpose in the said deed of Transfer of settlement contained every shareholder may sell and transfer all or any ^^^"^ *° ^^ ^^ of his shares in the capital of the Company (but not a fractional part of a share) and every such transfer shall be by deed and according to a form to be approved of by the directors and the transferee of such shares shall so soon as he has complied with the provisions relative to the transfer of shares contained in the said deed of settlement become a shareholder in respect of the same shares in every respect. 12. The Company shall not be bound to notice or see to the execu- company not tion of any trust whether express implied or constructive to which ^"^^^ '" regard any share may be subject and the receipt of the party in whose name any share shall stand in the books of the Company or if it stands in the name of more parties that one the receipt of one of the parties named in the share register hereinafter mentioned shall from time to time be a sufficient discharge to the Company for any dividend or other sum of money payable in respect of such share notwithstanding any trust to which such share may then be subject and notwithstanding that the Company have had notice of such trusts and the Company shall not be bound to see to the application of the money paid upon such receipt. 13. In case the assignee of any insolvent shareholder shall elect to The assignee of accept the shares of such insolvent or in ease the trustees of any estate hoMe7and tiie^" assigned for the benefit of creditors shall elect to accept the shares trustees of 900 PAEEAMATTA GAS COMPANY. Power to pur- chase and hold lands. 36 VioTOBiA. "belongmg to such assigned estate such assignee or trustees shall forth- assigned estates with nominate some other person to become a proprietor in respect of some person to such shares such nominee to be subject to the approval of the directors prStor k.''™" ^^^ ^^ ^° ^^^'^ shall such assignee or trustees be themselves entitled to respect of shares become shareholders in respect of the shares of any insolvent share- vent ra'Siiied liolder or of any shareholder whose estate shall have been so assigned estate. ° as aforesaid. 14. It shall be lawful for the Company notwithstanding any statute or law to the contrary to purchase take hold and enjoy to them and their successors for any estate term of years or interest any lands houses oifices buildings and hereditaments as may be necessary or proper for the purpose of managing conducting and carrying on the affairs concerns and business of the Company And to sell convey assign assure demise or otherwise dispose of or act in respect of such lands houses offices buildings and hereditaments as occasion may require. Power to sell to 15. It shall be lawful for any person who is competent so to do to Company. grant sell alien release and convey assign assure demise and dispose of unto and to the use of the Company and their successors for the purposes aforesaid or any of them any such lands and hereditaments. Actions or suits 10. In any action or suit to be brought by the Company against any shareholder to recover the money due for or in respect of any call made by virtue of this Act or of the said deed of settlement it shall be sufficient for the Company to declare and allege that the defendant being the proprietor of such or so many shares in the capital of the Company is indebted to the Company in such sum of money as the call in arrears shall amount to for such call of such sum of money upon such share or so many shares belonging to the said defendant whereby an action hath accrued to the 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 directors who made such call or any other matter except that the defendant at the time of making such call was a holder or proprietor of one or more share or shares in the capital of the Company And that such call or calls was or were in fact made and such notice thereof and of the time fixed for the pay- ment thereof given as directed by the said deed of settlement And the Company shall thereupon be entitled to recover what shall appear due upon each call with interest thereon. Share register. 17. The Company shall keep a book to be called the Share Eegister and in such book shall be fairly and distinctly entered from time to time the names and addresses of the several persons entitled to shares in the Company together with the number of shares to which such shareholders shall be respectively entitled. Share register to he evidence. 18. The production of the share register shall be admitted in all Courts of civil and criminal jurisdiction a.^ primd facie evidence of the person named therein as a shareholder being such shareholder and of the number of his shares and every shareholder or other person havini^ a judgment at law or a decree in equity against the Company may at all convenient times peruse the share register gratis and may require a copy thereof or any part thereof and for every one hundred words or part of one hundred words so required to be copied the Company may demand a sum not exceeding one shilling. PAEEAMATTA G-AS COMPANY. 901 19. In every case dividends or bonuses shall be declared and paid 36 Victokia. out of the net gains and profits of the Company and not out of the Dividends to be capital for the time being of the Company or any portion thereof. paid irom profits 20. If any execution either at law or in equity shall be or shall Execution have been issued against the property or effects of the Company and SeS.^'""^" if there cannot be found after due diligence suiEcient whereon to levy such execution then such execution may be issued against any of the shareholders for the time-being or any former shareholder until such execution shall be fully satisfied Provided that no such execution shall be issued against any shareholder or former shareholder for any amount beyond the sum due by such shareholder in respect of the amount subscribed for and unpaid by him and a further sum equal to the amount so subscribed for Provided always that no such execution shall issue against any such shareholder or former shareholder except upon an order of the Court in which the action suit or other pro- ceeding shall have been brought or instituted made upon motion in open Court after sufiicient notice in writing to the person sought to be charged And upon such motion such Court may order execution to issue accordingly Provided further that in case of execution against any former shareholder it shall be shown that such former shareholder was a shareholder of the Company at the time when the contract or engagement was entered into for breach of which contract or engagement such execution shall have issued or became a share- holder during the time such contract or engagement was unexe- cuted or unsatisfied or was a shareholder at the time the judgment or decree was obtained upon which judgment or decree such execution shall have issued Provided also that in no case shall such execution be issued against the person property or effects of any former share- holder after the expiration of one year after the person sought to be charged shall have ceased to be a shareholder of the Company. 21. Every shareholder against whom or against whose property or Eeimbursement effects execution upon any judgment decree or order obtained as ^'^ued'a'Tin t"' aforesaid shall have been issued as aforesaid shall be entitled to re- shareholder. cover against the Company all loss damages costs and charges which such shareholder may have incurred by reason of such execution and after due diligence used to obtain satisfaction thereof against the property and effects of the Company such shareholder shall be entitled to contribution for so much of such loss damages costs and charges as shall remain unsatisfied from the several other shareholders against whom execution upon such judgment decree or order obtained against the Company might also have been issued under the provision in that behalf aforesaid as and subject to the limitation herein provided and such contribution may be recovered as aforesaid according to the pro- visions in that behalf in the said deed of settlement contained. 22. In the cases provided by this Act for execution of any judgment Execution decree or order in any action or suit against the Company to be ^l^^t *'''®' issued against the person or against the property and effects of any shareholder or former shareholder of the Company or against the property and effects of the Company at the suit of any shareholder or former shareholder in satisfaction of any money damages costs and expenses paid or incurred by him as aforesaid in any action or suit against the Company such execution may be issued by leave of the Court or of a Judge of the Court in which such judg- ment decree or order shall have been obtained upon motion or. 902 PAEEAMATTA G-AS COMPANY. Liability of shareholders. Power to secre- tary or other officer. 36 Victoria, summons for a rule to show cause or other motion or summons consis- tent with the practice of the Court without any suggestion or scire facias in that behalf and it shall be lawful for such Court or Judge to make absolute or discharge such rule or allow or dismiss such inotion (as the case may be) and to direct the costs of the applica- tion to be paid by either party or to make such other order therein as to such Court or Judge shall seem fit and in such cases such forms of writs of execution shall be sued out of the Courts of law and equity respectively for giving effect to the provisions in that behalf aforesaid as the Judges of such Courts respectively shall from time to time think fit to order and the execution of such writs shall be enforced in like manner as writs of execution are now enforced Provided that any order made by a Judge as aforesaid may be discharged or varied by the Court on application made thereto by either party dissatisfied with such order Provided also that no such motion shall be made nor sum- mons granted for the purpose of charging any shareholder or former shareholder until ten days notice thereof shall have been given to the person sought to be charged thereby. 23. Each shareholder in the said Company for the time being shall be liable to contribute to the assets of the Company or to meet its liabilities to an amount not exceeding the amount of the shares held by him or her and to a further sum of equal amount and no shareholder shall at any time be liable with respect to the transactions or liabilities of the Company beyond such amount. 24. In all cases in which by any Act of Parliament or of the Colonial Legislature or by any rule or order of the practice of the Supreme Court or any other Court now or hereafter to be in force in this Colony the plaintiff complainant or defendant in any action suit or other pro- ceeding civil criminal or otherwise or any creditor of an insolvent estate or any person being a party to or interested in any process or proceed- ing whatsoever is or shall be authorized empowered or required to make any affidavit deposition or information or to sign or present any petition or to do any other act it shall be lawful and competent for the secretary or other officer or agent of the Company where such Company shall be such plaintiff complainant defendant or creditor or be a party to or otherwise interested in any process or proceeding whatsoever as afore- said for and on behalf of the Company to make any such affidavit deposition or information sign present any such petition or do any such other act as aforesaid. Custody and use 25. The directors for the time being shall have the custody of the of corporate seal, common seal of the 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 by the said deed of settle- ment for the determination of other matters by the directors And the directors present at a board of directors of the Company or a majority of them shall have power to use such common seal or authorize the same to be used for the affairs and concerns of the Company and under such seal to authorize and empower any person without such seal to execute any deeds and do all or any such other matters and things as may be required to be executed and done on behalf of the Company in conformity with the provisions of the said deed of settlement and of this Act But it shall not be necessary to use the corporate seal in respect of any of the ordinary business of the Company or for the appointment of an attorney or solicitor for the prosecution or defence PAEEAMATTA GAS COMPANY. 903 of any action suit or proceeding or of any officer or servant of tlie 36 Victobia. Company and suet seal may be affixed to any deed or document by the tand of any person whom the directors shall appoint in that behalf and the affixing thereof shall be attested by at least one director and such person so appointed. 26. The Company is hereby fully authorized and empowered by its Power to erect servants contractors agents workmen and others from time to time to „p*oa,ds'^streete make erect sink lay place and fix such retorts gasholders meters &c. receivers cisterns engines machines cuts drains sewers water-courses pipes reservoirs buildings and other works and devices of such construction and in such manner as the Company shall think necessary or proper for the purpose of carrying out the operations of the Com- pany and also to break up the soil and pavement of any highway street road way lane passage or other public place or thoroughfare or of any road way thoroughfare or place dedicated to or used by the public as such or any part or parts thereof and to erect posts pillars lamps lamp-irons and other apparatus in the same highways streets roads ways lanes passages and other thoroughfares and places or against any wall or walls erected on or adjoining to any of them and to dig and sink trenches and drains and to lay mains and pipes and put stop-cocks syphons plugs or branches from such mains or pipes in under across or along such highways streets roads ways lanes passages and other thoroughfares and places and also with such consent as hereinafter mentioned to do the like in under across or along any private roads ways lanes passages buildings and places and from time to time to cut stop remove alter repair replace and relay such main- pipes stop-cocks syphons plugs branches or other apparatus Provided always that nothing herein contained shall be deemed to authorize the Company its contractors agents or workmen to enter into or upon any private lands buildings or places for any of the purposes aforesaid to carry out any of the operations of the Company without the previous consent of the occupiers thereof. 27. It shall be lawful for the Company to contract with any person Maymake or persons (whether incorporate or individual) for supplying with ^"'^"^'l '"^^^ gas any such person or persons or any streets ways lanes passages manufactories shops warehouses public or private houses buildings and places and for such purposes from time to time to lay down carry fit up connect and furnish any pipe branch or burner lamp meter or other apparatus from or in connection with any main pipe or to lay down any new main which for such purposes may be required Provided always that in all cases where it is not otherwise expressly stipulated and agreed the Company its contractors workmen or agents shall at its own expense on the expiration or determination of any tenancy of any occupier so giving consent as aforesaid or on non-payment of the sums payable by the owner or occupier of any building tenement or place for gas supplied thereto at any time within twelve months from such expiration determination or default or within fourteen days after notice in writing for that purpose from or on behalf of the owner or succeeding occupier of such building tenement or place shall have been received by the Company enter into and upon such building tene- ment or place and remove take and carry away or cause to be removed taken or carried away any pipe burner lamp meter or other apparatus which shall have been placed and introduced by the Company therein and repair and make good such portions of such building tenement or 904 PAEEAMATTA GAS COMPANY. 36 Victoria, place as may be damaged or defaced by sucli removal And in case the Company shall neglect so to do for fourteen days after receipt of such notice it shall be lawful for such owner or succeeding occupier provided free and reasonable access has been given to the agents servants and workmen of the Company for the purpose aforesaid to remove or cause to be removed all such pipes burners lamps meter or apparatus and to repair and make good the damages and defacements to the said building tenement or place caused thereby the reasonable costs and charges attending which shall immediately be paid by the Company to the owner or occupier making such repairs as aforesaid And in default of such sum being paid by the Company within seven days after demand thereof in writing made at the offices of the Com- pany it shall be lawful for the said owner or occupier or his or her agent to make complaint thereof before any Justice of the Peace for the said Colony who may cause a summons to be issued in the usual form calling on the Company to show cause before the nearest Court of Petty Sessions of the police district in which such building tene- ment or place is situated why such demand has not been satisfied And if the Company fails to show cause accordingly it shall be lawful for the sitting Justices to order or award payment of the demand or any part thereof to such complainant together with such costs and satis- faction for his expense and trouble as to them may seem just and reasonable and such order or award to enforce by distress Provided also that if any owner or occupier of any building tenement or place or any person acting for him shall refuse reasonable access to the con- tractors agents workmen or servants of the Company for the purpose of removing any such pipe burner lamp meter or other apparatus placed or introduced into any such building tenement or place by the Com- pany or shall prevent or obstruct such removal then the said owner occupier or person acting for him shall immediately make payment to the Company for such pipe burner meter or apparatus And in default of his so doing within three days after demand thereof made at the said building tenement or place it shall be lawful for the Company to make complaint before any such Justice as aforesaid who may cause to be issued a summons to the person so making default calling on him to show cause before the Court of Petty Sessions of the police district where the building tenement or place is situated why he refuses to pay such demand And thereupon the said Court shall proceed to the adjudication and enforcement of such demand in the manner in this clause set forth for the recovery of claims against the Company And if any person shall place or lay any pipe to communicate with any main pipe meter or other apparatus already laid placed or erected by the Company or shall use additional burners or burners of larger- dimensions or of other kinds or descriptions than that which he shall have contracted to pay for or shall supply any person with the gaa supplied to him by the Company without the consent in writing of the Company first obtained or if any person shall wantonly or maliciously hinder or interrupt the contractors workmen agents or servants of the Company in legally doing or performing any of the works aforesaid or in exercising the powers and authorities by this Act given or if any person shall wilfully negligently or accidentally do or cause to be done any injury or damage to any of the buildings machinery pipes burners, lamps meters or apparatus of the Company or remove the same or cause a waste or improper use of gas supplied by the Company it shall be lawful for the Company to make complaint thereof before any such. PAERAMATTA QAS COMPANY. 905 Justice as aforesaid wlio may cause to he issued a summons to the 36 Victoria. person so offending to appear before the Court of Petty Sessions of the police district where such offence shall be committed and being thereof lawfully conTicted such person shall forfeit and pay to the Company any sum not exceeding five pounds over and above all damages done and over and above all costs to be ascertained by such Court and to be enforced in the manner in this clause before set forth in respect of claims against the Company And all proceedings under this Act not herein expressly provided for shall be regulated and con- ducted in accordance with the provisions of the law in force for the time being respecting summary proceedings before Justices of the Peace and all such provisions shall so far as the same are applicable be enforced and observed in all proceedings under this Act not herein expressly provided for. 28. When and so often as the Company its contractors agents or Materials of workmen shall have broken up or removed any pavement stone or up^tobe^repiMed other material of any highway road street way lane passage or other public place or thoroughfare or of any road way lane thoroughfare or place dedicated to or used by the public as such the Company shall make all reasonable despatch in the performance of the work to be done and shall on completion of such work forthwith carry away all rubbish and waste or surplus material and reinstate such pavement stone or other material and render such highway road street way lane passage or other place as nearly as possible in the same condition as it was in previously to the disturbance thereof And during the continuance of such work and until such reinstatement keep up barriers and keep lamps burning at night in order to prevent accidents And when and so often as any gas pitch waste liquid or other things shall escape or flow from any pipe receiver or drain so as to contaminate the air or water and render the same unhealthy or offensive it shall be lawful for any person to give notice thereof in writing to the Company who shall immediately take the most speedy and effectual measures to remedy and prevent the same And if the Company shall without lawful excuse make default in any of the matters so required by it to be performed it shall be lawful for any person to lodge a complaint thereof before any Justice of the Peace for the said Colony who may thereupon summons the Company before the nearest Court of Petty Sessions and on proof of such default the said Court of Petty Sessions shall order and direct that the same shall be done by the Company within a reasonable time to be named by such Court and in default of compli- ance with such order any such Justice as aforesaid on proof thereof and on proof that the complainant or any other person has 'performed the said work so to be done and of the costs charges and expenses attending the same shall issue a distress warrant against the goods and chattels of the Company for any amount not exceeding the said charges and expenses and the costs of prosecuting such complaint to be paid to the person performing the said work as aforesaid. 29. In case any person or persons or any body or bodies corporate Eemedy for the commissioners or trustees who shall contract with the Company or ""eooveryofrates. agree to take or shall take or use and enjoy the gas of the Company either in private dwellings shops inns taverns or other buildings or manufactories grounds or premises or otherwise shall refuse or neglect after demand to pay the sum or sums of money then due under their his or her contract for the same to the said corporation according to 906 PAEEAMATTA TOWN HALL. 36 Victoria, the terms and stijjulations of the said respective parties with the Com- pany it shall be lawful for the Company to make complaint thereof before any Justice of the Peace for the said Colony who may issue a summons to the party so refusing or neglecting to pay as aforesaid calling on him to show cause before the Court of Petty Sessions in the police district in which such building tenement or place is situated why he refuses to pay such sum or sums and thereupon the said Court shall proceed to the adjudication and enforcement of the said demand and costs charges and expenses in the prosecution thereof by distress and sale of the goods and chattels of the person so neglecting or refusing to pay the same rendering the surplus if any to such person or persons so neglecting or refusing And it shall also'be lawful for the Company to cut off and take away the supply of gas from the house or houses inn tavern shop manufactory warehouse or other buildings premises or places of every such person so making default in payment of such sum or sums of money then due by his her or their contract to the Company after such demand as aforesaid and thenceforth to discontinue the supply of gas contracted for with the Company by such person or persons. Appeal. Indictment tor nuisance. Act to be deemed a public Act. 30. Any person may appeal from the judgment or conviction of the said Court of Petty Sessions under this Act in the form and manner set forth in the Act of the Legislature fifth "William Fourth number twenty-two. 31. Nothing in this Act contained shall be construed to prevent any person from indicting or otherwise proceeding against the Company for nuisance or otherwise in respect of the works or means used or employed by the Company in exercising the privileges hereby on it conferred nor shall anything herein contained limit restrict or in any manner affect the right of any municipality or of any other person or Company hereinafter empowered by the Legislature to supply gas to the said town of Parramatta or to exercise any powers which it may be deemed expedient or necessary to grant for that purpose. 32. This Act may be cited as the " Parramatta Gras Company's In- corporation Act (Limited)." PARRAMATTA TOWN HALL. 42 VicTOEiA. An Act to authorize the erection of a Town Hall and other buildings on land granted as a site for a Market in the Town of Parramatta and for other purposes therein mentioned. [4 Pebruary, 1879.] Preamble. "VTTHEEEAS by a deed of grant bearing date the eleventh day of V T May in the year of our Lord one thousand eight hundred and fifty-four under the Q-reat Seal of the Colony of New South Wales Her Majesty Queen Victoria did grant unto David Forbes Hugh Taylor James M'Eoberts Charles Blakefield James TJrquhart and James Edrop commissioners duly elected for the management of the markets of the town of Parramatta under the provisions of the Act of Council third Victoria number nineteen the parcel of land described in the Schedule hereto to hold to the use of them and their successors PAEEAMATTA TOWN HALL. 907 commissioners as aforesaid for ever as a site or place for a market for tHe 42 Victoma. use and convenience of the inhabitants of the town of Parramatta sub- ject nevertheless to a proviso or condition for re-entry if the said land should be applied to other purposes or attempted to be alienated And whereas by virtue of the provisions of the Parramatta Market Act so Vie of 1866 the said Parramatta markets and all lands belonging thereto or held in trust for the purposes thereof were transferred to and vested in the Council of the Municipality of Parramatta aforesaid in trust for and subject to the several purposes and provisions of the Munici- palities Act of 1858 And whereas by virtue of the provisions of the Municipalities Act of 1867 the said Municipality of Parramatta came to be designated a borough and all lands theretofore vested in the Council of the said Municipality were thereafter vested in the body corporate of the said borough And whereas another parcel of land has been granted to the said borough as a site for such market aa aforesaid suitable for the purpose And whereas it has been found expedient to build a Town Hall Municipal Council Chambers and offices and a Public Library for the use and convenience of the inhabi- tants of the said borough and the said parcel of land described in the Schedule hereto is so situated as to afford a suitable site for such buildings as well as other buildings which may hereafter be required but the Council of the said borough have no power to erect any such buildings thereon and it is expedient that they should possess such power 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 and by the authority of the same as follows : — • 1. It shall be lawful for the Council of the Borough of Parramatta Borough CouncU to erect or permit to be erected upon the said land described in the e?KtiSudi^s Schedule hereto or such part or parts thereof as shall be required on certain land, suitable buildings for the purposes of a Town Hall Municipal Council Chambers and offices and Public Library or for such other public pur- poses as may be found necessary or requisite for the use and con- venience of the inhabitants of the said borough and which the CouncO. of the said borough may deem it expedient to erect thereon and also to pull down and remove or permit to be pulled down and removed any buildings now erected or being thereupon And all trusts and obliga- tions now subsisting to maintain, a market upon the said land shall henceforth cease and determine. 2. This Act shall be styled and may be cited as the " Parramatta Short title. Town Hall Act of 1878." SCHEDULE. All that piece or parcel of land containing by admeasurements three roods and eighteen perches be the same more or less situated in the county of Cumberland town of Parramatta parish of St. John and Colony of New South Wales Com- mencing at its north-west comer in Church-street and bounded on the north by a line of fence bearing east six degrees twenty minutes south four chains ninety-one links to the former public pound dividing it from various allotments on the east by a line of fence bearing south six degrees twenty minutes west one hundred and ninety-one links dividing it from the said pound premises to a former reserved lane leading from the pound aforesaid to Church-street on the south by that lane bearing west five degrees north three hundred and ninety links to Church-street and on the south-west by Church-street bearing north-westerly two chains twenty-seven links to the point of commencement. 908 PENNANT HILLS TRAMEOAD. 18 Victoria. An Act to enable the Commissioners for the City of Sydney to construct a Tramroad from the Quarry at Pennant Hills to the Parramatta River. [2 December, 1854.] («) PETERSHAM CHURCH GRANT. 36 Victoria. An Act to enable Christopher RoUeston Thomas Chaplin Breillat Stephen Campbell Brown and William Crane or other the Trustees of certain land and premises in the parish of Petersham near Newtown to sell the same and to provide for the application of the proceeds thereof. [25 March, 1873.] Preamble. "TTTHEEEAS by a deed of grant bearing date the twenty -fourth day V T of February one thousand eight hundred and seventy-one Her Majesty Queen Victoria did grant unto Christopher Eolleston Thomas Chaplin Breillat Stephen Campbell Brown and William Crane being respectively trustees nominated and appointed under and by virtue of an Act of the Governor and Legislative Council made and passed in the eighth year of the reign of His late Majesty King William the Fourth intituled An Act to regulate the temporal affairs of Churches and Chapels of the United Church of England and Ireland in New South Wales and to their heirs and assigns subject to the trusts con- ditions reservations and provisoes thereinafter contained All that piece or parcel of land containing by admeasurement two roods and fifteen perches be the same more or less situated in the county of Cumberland and parish of Petersham near Newtown commencing on the north-western side of the Newtown Head at a point where the southern side of Bligh-street meets it and bounded thence on the north by Bligh-street bearing westerly three chains and eighty-six links on the south-west by a line bearing south-easterly three chains nineteen links and half of a link to the Newtown B.oad and on the south-east by that road bearing north-easterly four chains twenty -nine links and half of a link to the point of commencement as per plan in the margin thereof with all the rights and appurtenances whatsoever thereto belonging Upon trust for the erection thereon of a church of the United Church of England and Ireland as by law established in conformity with the provisions of the said Act and of a certain other Act of the Governor and Legislative Council of the said Colony made and passed in the seventh year of the reign of His said late Majesty King William the Fourth intituled An Act to promote the building of Churches and Chapels and to provide for the maintenance of (a) Virtually repealed. The powers are transferred to the Municipal Council of Sydney by public Act 20 Vic. No. 36, sec. 10, which Act is repealed by the public Act 43 Vic. No. 3, sec. 2. PETERSHAM CHUECH GEANT. 909 Ministers of Eeligion in ]S"ew South "Wales so far as the same might 36 Victoria. apply to the trusts of the said grant and for no other purpose what- soever And whereas the said piece of land is inconveniently situated for the erection thereon of a church for the use of the members of the Church of England who are residents of Newtown aforesaid and its neighbourhood and who as such residents are interested in the erection of the said church And whereas the said Christopher Eolleston Thomas Chaplin Breillat Stej)hen Campbell Brown and William Crane together with "William Gillett Sedgwick have been selected by the members of the Church of England resident at New- town aforesaid and its neighbourhood to be trustees for the erection on certain other land part of the Camperdown Cemetery of a Church for the use of the members of the Church of England of the parish of Newtown aforesaid And whereas the said church is in course of erection And whereas the said members of the Church of England have applied to the said Christopher Eolleston Thomas Chaplin Breillat Stephen Campbell Brown and William Crane as such trustees of the said piece of land as hereinbefore mentioned to sell the said piece of land so vested in them ^ as trustees as hereinbefore mentioned and to apply the net proceeds arising from such sale towards the erection and completion of the said church so in course of erection as aforesaid And whereas the said Christopher Eolleston Thomas Chaplin Breillat Stephen Campbell Brown and William Crane are willing to comply with such last-mentioned request but they cannot do so without the authority of the Legislature 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 said Christopher EoUeston Thomas Chaplin Breillat Stephen Trasteesto sell Campbell Brown and William Crane or other the trustees or trustee and convey land. of the said piece of land and premises may sell and dispose of the said piece of land and premises hereinbefore described by public auction or private contract either in one lot or in several lots as they the said Christopher Rolleston Thomas Chaplin Breillat Stephen Campbell Brown and William Crane or other the trustees or trustee of the said piece of land and premises shall think most expedient for such price or prices as can be reasonably had or obtained for the same and may convey the same or any part thereof when sold to the purchaser or purchasers thereof and thereupon the same shall vest absolutely in the said purchaser or purchasers his or their heirs and assigns freed and discharged from the said trusts affecting the same And the receipt in writing of the said Christopher Eolleston Thomas Chaplin Breillat Stephen Campbell Brown and William Crane or other the trustees or trustee of the said piece of land and premises shall absolutely discharge the purchaser or purchasers of the said land or any part thereof from the purchase money payable by him or them and shall exonerate him or them from seeing to the application of the said purchase money and from all liability as to the misapplication or non-application thereof. 2. The said Christopher Eolleston Thomas Chaplin Breillat Stephen Moneys arising Campbell Brown and William Crane or other persons or person selling apriie^d'hi'e°rect the said piece of land and premises under the power hereinbefore given ing and oompiet- shall stand possessed of aU moneys arising from such sale as aforesaid ™^course'of°^ uj)on trust after paying thereout the costs of obtaining this present erection. Act and all the expenses incurred on the said sale or otherwise in relation 910 PEESBYTEEIAN CHTJECH. 36 Victoria to tie premises to apply tte same in or towards the erection and com- pletion of the said church now erecting for the use of members of the Church of England on land part of the said Camperdown Cemetery as hereinbefore mentioned And the receipt in writing of any person to whom any moneys shall be paid under the provisions of this Act shall be a valid and complete discharge to the persons or person paying the same for such moneys. Short title. 3 rpij'g ^g^ ^g gj^g^ g^g ^j^g „ Petersham Church Grant Act of 1873." PRESBTTEEIAN CHUECH. 28 Victoria. An Act to regulate the temporal affairs of the Presby- terian Church in the Colony of New South Wales. [12 May, 1865.] Preamble, -TTTHEEEAS by an Act of Council passed in the eighth year of the W reign of His late Majesty King "William the Eourth number 8 Will. 4 No. 7. ggygu^ certain powers privileges and advantages were conferred upon the Presbytery of New South Wales and the ministers of the churches and congregations under its spiritual superintendence And whereas i Vic. No. 18. by an Act of Council passed in the fourth year of the reign of Her Majesty Queen Victoria number eighteen the several powers privileges and advantages conferred upon the Presbytery of New South Wales and the ministers of the congregations under its spiritual superin- tendence by the said Act eighth William the Pourth number seven were vested in the Synod of Australia in connection with the Established Church of Scotland and the ministers of the congregations under its spiritual superintendence as fully and effectually to all intents and purposes as if the said Synod had been specially named and mentioned therein And whereas since the formation of the said Synod of Australia another Presbyterian Synod has been formed in the said Colony known as the Q-eneral Synod of the Presbyterian Church in New South Wales consisting of certain ministers and re- presentative ruling elders of certain congregations of Presbyterians the ministers and ruling elders of such congregations not being under the spiritual superintendence of nor having any ecclesiastical connection with the said Synod of Australia And whereas there is a congregation of Presbyterians assembling in Phillip-street in the city of Sydney known as the United Presbyterian Church in Sydney which is not under the spiritual superintendence of nor has any ecclesiastical con- nection with the said two Synods or either of them And whereas the said two Synods and the said United Presbyterian Church in Sydney and the minister thereof have agreed to unite together and form one Church to be called " The Presbyterian Church of New South Wales " and also to form in accordance with Presbyterian usage a supreme governing body for the said Church to be called " The G-eneral Assem- bly of the Presbyterian Church of New South Wales " And whereas the said agreement cannot be fully carried into effect without amend- ing the said recited Act fourth Victoria number eighteen in manner hereinafter provided Be it therefore enacted by the Queen's Most PEESBTTEEIAN CHURCH. 911 Excellent Majesty by and with tlie advice and consent of tlie Legislative 28 Victoria. Council and Legislative Assembly of New Soutli Wales in Parliament assembled and by the authority of the same as follows : — 1. Prom and after the publication in the JSTew South "Wales Grovern- Powers and prf- ment Gazette of a notice that the said Presbyterian Church of New S'StraUa'^"'^ South "Wales and the said Q-eneral Assembly of the Presbyterian tranBterred to Church of New South "Wales have been respectively formed such Assembly of the notice to be signed on behalf of the Synod of Australia and of the churc^of New said General Synod of the Presbyterian Church in New South Wales South Wales, respectively by the persons who shall at the time of the formation of the said Church and General Assembly hold the office of Moderator of the said Synods respectively and on behalf of the said United Presby- terian Church in Sydney by the minister of the said Church for the time being all and every the several powers privileges and advantages which are now vested in and belong to the said Synod of Australia in connection with the Established Church of Scotland and the ministers and congregations under its spiritual superintendence under and by virtue of the hereinbefore recited Act fourth Victoria number eighteen shall be transferred from the said Synod of Australia to the said General Assembly of the Presbyterian Church of New South Wales and shall vest in and belong to the said General Assembly with respect to all the ministers and congregations comprehended in the same and under the spiritual superintendence thereof as fully and efiectually to all intents and purposes' as if the said Presbyterian Church of New South Wales and the General Assembly of the said Church had been named and mentioned in the said recited Act and had been invested with all and the like powers privileges and advantages thereby conferred on the said Synod of Australia in connection with the Established Church of Scotland And thereupon all and every the estate right title and churches &c. to interest in all churches and chapels and ministers' dwellings and the nection vrithThe sites of the same respectively and in all burial grounds and glebe lands S^'^flj^^^S"" and in all other lands and premises which at the time of the passing of tyterian churoh this Act are held by any trustee or trustees for or on behalf of any ^^^^ ®°"*'' ministers or congregations as ministers or congregations under the spiritual superintendence of or in connection with the said Synod of Australia or which are held for or on behalf of or are used by any congregations of Presbyterians which at the time of the passing of this Act shall be under the spiritual superintendence of or in connection with the said General Synod of the Presbyterian Church in New South Wales or for or on behalf of the United Presbyterian Church in Sydney or the minister thereof shall continue to be held by the same trustee or trustees and his and their lawful successors subject to the powers provisoes and declarations now affecting the same on behalf of the same ministers and congregations and their successors as ministers and congregations under the spiritual superintendence of or in connection with the said General Assembly of the Presbyterian Church of New South Wales as fully and effectually in all respects as if the said lands and premises had been granted and conveyed to such trustee or trustees upon trust for the use of the said ministers and congregations as ministers and congregations under the spiritual superintendence of or in connection with the said General Assembly subject to and in conformity with this and the said recited Acts and for no other trust or purpose whatsoever, (a) (a) Vide section 14 of tlie Presbyterian Church Property Management Act of 1881, 45 Vic. 912 PEESBTTEEIAN CHUECH PEOPEETT MANAQEMENT. 28 Victoria. Ministers recog- nized by the General Assembly may be ministers of any church or congregation in connection therewith. Act not to affect any existing rights. Short title. 2. Any minister recognized by the said General Assembly of the Presbyterian Churcli of New South Wales as a Minister of the said Church shall be capable of being the minister of any congregation under the spiritual superintendence of or in connection with the said General Assembly and to officiate in and be the minister of any church used in connection therewith any declaration or provision in any grant or other deed relating to the lands hereditaments and premises held in trust for such congregation to the contrary not- withstanding. 3. Nothing in this Act contained or that may be done under this Act shall be deemed prejudicially to affect or to deprive any person of any right privilege advantage or emolument whatsoever which he now has or to which he is in anywise entitled any law to the contrary notwithstanding. 4. This Act shall be styled and may be cited as the " Presbvterian Church Act of 1865." PRESBYTERIAN CHURCH PROPERTY MANAGEMENT. Vrcamble. 8 W. IV No. 7. 4 Vie. No. 18. 45 VioTOEiA. An Act to make better provision for tlie management of the property of the Presbyterian Church of New South Wales and to provide for the election and appointment of Trustees in whom such pro- perty may be vested and to make further provisions in reference thereto. [8 November, 18,81]. WHEEEAS by an Act of the Governor and Legislative Council of New South Wales passed in the eighth year of the reign of His late Majesty King William the Eourth number seven certain powers privileges and advantages were conferred upon the Presbytery of New South Wales and upon the ministers of the churches and congre- gations under its spiritual superintendence And whereas by an Act of the Governor and Legislative Council of New South Wales passed in the fourth year of the reign of Her Majesty Queen Victoria number eighteen the several powers privileges and advantages conferred upon the Presbytery of New South Wales and the ministers of the congrega- tions under its spiritual superintendence by the said Act eighth William the Eourth number seven were vested in the Synod of Australia in connection with the Established Church of Scotland and the ministers of the congregations under its spiritual superintendence as fully and effectually to all intents and purposes as if the said Synod had been specially named and mentioned therein And whereas the Synod of Eastern Australia and the Synod of New South Wales and' certaia separate congregations united together in the year one thousand eight hundred and sixty-four and formed another Presbyterian Synod known as the General Synod of the Presbyterian Church in New South Wales And whereas the said General Synod of the Presbyterian Church in New South Wales and the said Synod of Australia and the congregation PEESBTTEEIAN CHTJECH PEOPEETT MAISTAG-EMENT. 913 in Phillip -street in the city of Sydney known as the United Presby- 45 Victoeia. terian Churcli in Sydney united together in the year one thousand eight hundred and sixty-five and formed the Presbyterian Church of New- South "Wales under a supreme governing body called the General Assembly of the Presbyterian Church of New South Wales And Presbyterian whereas by the Presbyterian Church Act 1865 all aud every the several church Act isos. powers privileges and advantages vested in and belonging to the said Synod of Australia in connection with the Established Church of Sco bland and the ministers and congregations under its spiritual super- intendence under and by virtue of the hereinbefore recited Act fourth Yictoria number eighteen were transferred from the said Synod of Australia to the said Greneral Assembly of the Presbyterian Church of New South "Wales to vest in and belong to the said General Assembly with respect to all the ministers and congregations comprehended in the same and under the spiritual superintendence thereof as fully and effectually to all intents and purposes as if the said Presbyterian Church of New South "Wales and the General Assembly of the said Church had been named and mentioned in the said recited Act And whereas by the same Presbyterian Church Act it is provided that all properties held by any trustee for or on behalf of any ministers or congregations under the spiritual superintendence of or in connection with the said Synod of Australia or with the said General Synod of the Presbyterian Church in New South "Wales or for or on behalf of the United Presby- terian Church in Sydney or the minister thereof at the time of the passing of the said Act shall continue to be held by the same trustees or their successors subject to the trusts then affecting the same on behalf of the same ministers and congregations under the spiritual superintendence of or in connection with the said General Assembly of the Presbyterian Church of New South "Wales And whereas it is expedient that the aforesaid Acta should be amended and better provision made as hereinafter respectively mentioned for the management of the property of the Presbyterian Church of New South "Wales and for the election and appointment of trustees in whom such property may be vested 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. Every person now seised of or entitled to any real or personal Property now property in trust for the use and benefit of any congregation of the tobeheid!™**** Presbyterian Church of New South Wales or any body of Presbyterians included in that Church shall hold such real and personal property under the provisions of this Act but nevertheless upon the several trusts now affecting the same anything in the said recited Acts contained notwithstanding. 2. Every congregation under the spiritual superintendence of or in Election of connection with the General Assembly of the Presbyterian Church of ''"stees. New South Wales may as occasion shall require elect in accordance with the rules and regulations in force for the time being in that behalf made and authorized by the said General Assembly not less than three nor more than five trustees for the purposes hereinafter mentioned And every trustee elected under the provisions of this QuaiiBcation of Act shall be a male above the age of twenty-one years and a com- trustees. municant or seat-holder of the congregation in respect of which he is elected trustee. 3 M 914 PEESBTTEEIAN CHUECH PEOPEETT MANA&EMEKT. 45 Victoria. 3. Every sucli congregation may elect in manner hereiabefore Filling up provided a trustee in the place of any trustee who shall have died or vacancies. resigned or shall have been removed from the trusteeship by the said Grcneral Assembly. tel'Sroenerar ^' '^^^ ®^^^ General Assembly may at the suit of the other trustees Assembly. or of the kirk session or of the deacon's court or managing committee of any such congregation remove any trustee or trustees. Ex officio tTw- 5. In addition to the trustees elected as aforesaid the Moderator 'e«s. and Clerk of the said General Assembly for the time being respectively and the minister for the time being lawfully appointed and recognized by any presbytery of the said church and the said General Assembly as the ordained minister of any such congregation shall be ex officio trustees of such property. Memorandum of 6. Within thirty days after every election of trustees as aforesaid a Sto be*^b- memorandum in writing signed by the Moderator for the time being lished in Gazette of the said General Assembly and setting forth the names in full of every person so elected as aforesaid shall be published in the New South Wales Government Gazette and the production of a copy of such Gazette shall be conclusive evidence that the persons named in such memorandum together with the ea; officio trustees as aforesaid are for the time being the duly constituted trustees of the church or congregation named therein. Vesting of 7. Upon the publication of every such memorandum as aforesaid trasteesT ™ * ^ the real and personal estate belonging to or held in trust for the church or congregation therein mentioned shall from time to time be vested in the trustees named in such memorandum together with the ex officio trustees as aforesaid for the purposes of this Act without any conveyance assignment or other assurance whatever and shall be held by the said trustees subject to any express trusts affecting the same upon trust for the use and benefit of the church or congregation entitled thereto as the said General Assembly may from time to time direct. Power to rent 8. Notwithstanding anything to the contrary contained in the said BitUnCTand recited Act eighth William the Eourth number seven the Deacon's application of Court or managing Committee of any such church or congregation rents &c. of same ^^ hereby authorized to fix the annual or other rent of each pew or sitting in such church and to collect aU rents and moneys which may be or become due and payable in respect of such pews and sittings and to sue for and recover the same from all persons refusing or neglecting to pay the same and to receive and hold all moneys raised or received on behalf of such congregation and apply the same according to the rules and regulations in that behalf made from time to time by the said General Assembly. Eights and 9. The minister lawfully appointed and recognized as aforesaid ?fficiatfng °' shall have free access and admission to and into the church of which minister. he is the officiating minister and the burial-ground belonging thereto and every part thereof respectively at all times as he shall think fit and freely exercise his spiritual functions therein respectively . without interruption or disturbance by his co-trustees or any person whomsoever and shall while he shall continue to be such minister as aforesaid freely use possess and enjoy the minister's dwelling-house garden and appurtenances belonging to the said church and shall be entitled to receive for his own use and benefit out of the rents issues PEESBYTEEIA]Sr CHUECH PEOPEETT MAlSTAaEMENT. 915 and profits of any glebe or other lands belonging thereto a sum not 45 Victoria. exceeding one hundred and fifty pounds a year exclusive of stipend from other sources Provided that no such liberty of access admission or possession as aforesaid for any length of time whatever shall confer any right of possession or property in such minister after he shall have ceased to be such officiating minister as aforesaid or after he shall have been removed from his office by the decision of the Presbytery or the said Greneral Assembly nor shall be set up in defence in any action of ejectment which may be brought by the trustees for the time being of such church or congregation as aforesaid for recovering possession of such dwelling-house garden glebe and appurtenances or any part thereof. 10. "Where any land has been or may hereafter be granted or demised Election of either by the Crown or any private person to any person or persons ^^^^^egajdln upon trust for a church minister's dwelling school burial-ground or has not been any other purpose for or on behalf of the said Synod of Australia or °"^'' " for any body of Presbyterians now included in or which may hereafter join and be included in the said Presbyterian Church of New South "Wales in any place where a congregation has not been formed the Presbytery of the bounds within which such land is situate shall at any ordinary meeting thereof of which not less than three calendar months notice shall have been given elect by majority of votes of the members present at such meeting not less than three nor more than five trustees qualified as hereinbefore provided And such land shall be vested in Application of the Moderator and Clerk of the said Greneral Assembly for the time being "^^ ^ "' respectively and the trustees so elected as aforesaid and held by them in trust and managed until a congregation shall be formed and the rents issues and profits thereof shall be applied as the said Presbytery shall direct. 11. The trustees in whom any land is or may be vested in trust for Trustees may the Presbyterian Church of JSTew South "Wales or for any congregation 8^™"=^^==- thereof may from time to time by any deed lease for any term not exceeding fifty years from the time of making the same such lands as by the said recited Act eighth "William the Pourth number seven are authorized to be let upon leases for any term not exceeding twenty- eight years reserving in every such lease the best rent that can be reasonably obtained for the same notwithstanding anything to the con- trary contained in the said Act. 12. Any body of trustees as aforesaid may with the consent of a Trustees may majority of the congregation obtained at a meeting held according to ^^^"^a°°''^^ the rules and regulations of the G-eneral Assembly and with the con- currence of such General Assembly sell any real or personal property vested in them by public auction or private contract and either in one lot or several lots as they shall deem most expedient for such price or prices as can be reasonably obtained for the same and when sold convey the same or any part or parts thereof and thereupon the same shall vest respectively in the purchaser or purchasers thereof his or their heirs executors administrators or assigns according to the estate or interest of the said trustees therein absolutely freed and discharged from the trusts affecting the same and the receipt in writing of the said trustees for the purchase money of any property sold under this Act shall absolutely discharge the purchaser or purchasers thereof from the purchase money payable by him or them respectively and shall exonerate him or them from seeing to the application of the said 916 PEESBTTERIAN CHUECH TETJSTEES. 46 ViOTOKIA. Application of proceeds of sale. Powers &c. of trustees under 8 Wm. 4 No. 7 4 Victoria No. IS and Presbyterian Church Act of 1865 vested in trustees elected and appointed under this Act. Short title. purchase money and from all liability as to the misapplication or non- application thereof and shall be conclusive evidence that such consent. and concurrence to sell and convey as aforesaid has been given by the; said congregation and G-eneral Assembly respectively. 13. The proceeds of any property sold under the provisions of this Act shall subject to the approval of the said G-eneral Assembly be applied by the trustees selling the same in the purchase of other lands as a site for a church or a minister's dwelling-house or a school-house for the use of the congregation for which the land so sold had beea held in trust and in and towards the erection and maintaining a church or a minister's dwelling-house or a school-house upon the said site and the receipt of any person or persons to whom any money shall be paid under the provisions of this section shall be a valid and complete dis- charge to the person or persons paying the same for such moneys. 14. Except as herein otherwise provided the several powers authori- ties privileges and rights vested in and conferred upon the trustees; elected or appointed by virtue and in pursuance of the several Acts of Council eighth William the Fourth number seven fourth Victoria, number eighteen and the Presbyterian Church Act of 1865 shall be vested in and enjoyed by the several bodies of trustees respectively constituted under the provisions of this Act Provided always that the several powers privileges and advantages conferred upon the said General Assembly by the Presbyterian Church Act of 1865 and con- firmed by this Act shall cease and determine unless the said General Assembly shall continue its adherence to the doctrines of the West- minster Confession of Eaith and to the constitution government and discipline of the Presbyterian Church. 15. This Act may be cited for all purposes as the " Presbyterian Church Property Management Act of 18Sl." PRESBYTERIAN CHURCH TRUSTEES. 19 Victoria. An Act to enable the Trustees of certain lands granted by Her Majesty's Grovernment upon trust for the erection of a Church and School-house tinder the superintendence of the Synod of Australia in con- nection with the Established Church of Scotland to sell the said lands and to purchase other land in a more suitable situation in lieu thereof. [14 August, 1855.] Preamble. ^rT7 HEEEAS by a deed of grant bearing date the third day of VV November one thousand eight hundred and fifty-four Her Grant 3 Novem- Majesty Queen Victoria did grant unto Thomas Barker John Alexander ber 1854. j^j^^^ McEarlane the Eeverend John McGibbon and George Cunning- ham all of the city of Sydney being respectively trustees nominated and appointed under and by virtue of an Act of the G-overnor and Legislative Council of New South Wales made and passed in the 8 Wm. IV. No. 7. eighth year of the reign of His late Majesty King William the Pourth intituled An Act to regulate the Temporal Affairs of the Presbyterian Churches and Chapels connected with the Church of Scotland in the PEESBTTBEIAN CHUECH TEUSTEES. 917 Colony of New South Wales and to their heirs and assigns all that 19 Victoeia. parcel of land containing by admeasurement two roods and fourteen perches be the same more or less situated in the county of Cumber- land parish of Alexandria and city of Sydney commencing at the northern intersection of Victoria and Surry Streets and bounded on the west by Victoria-street bearing northerly three chains and eighty- one links to Hyndes' grant on the north-east by that grant bearing south-easterly four chains ninety-one links to Surry-street and on the south by Surry-street bearing westerly three chains and ten links to Victoria-street at the point of commencement upon trust for the erec- tion thereon of a church under the superintendence of the Synod of Australia in connection with the Established Church of Scotland in conformity with the provisions of the said Act and of a certain other Act of the Grovernor and Legislative Council made and passed in the seventh year of the reign of His said late Majesty King William the Eourth and numbered three so far as the same may apply to the said trusts and for no other purpose whatsoever And whereas by a certain other deed of grant bearing date the said third day of November Her Majesty did grant to the said Thomas Barker John Alexander John McEarlane John McGritbon and George Cunningham all that other parcel of land containing by admeasurement one rood and four perches he the same more or less situate in the county parish and city aforesaid commencing at the south-west corner of Thomas Holmes' four perches and one-sixth of a perch and bounded on the west by Victoria-street bearing southerly two chains and sixty-five links to a reserved road twelve feet wide dividing it from Hyndes' grant on the south-east by that reserved road two chains and thirty links to the Craigend Estate on the north-east by that land bearing north-westerly one chain sixty- one links to Thomas Holmes' four perches and one-sixth of a perch and on the north by that land bearing westerly sixty-four and a half links to the point of commencement in Victoria-street upon trust for the erection of a school-house under the superintendence of the said Synod of Australia and for no other purpose whatsoever And whereas the said parcels of land respectively are inconveniently situated and in- eligible for the purposes of the said trusts and it is deemed expedient to sell the said lands and to purchase other land in a more suitable •situation Be" it therefore enacted by His Excellency the Governor of New South Wales -by.and with the advice and consent of the Legislative Council thereof as follows : — 1. It shall be lawful for the said Thomas Barker John Alexander power to sell and John McEarlane John McGibbon and George Cunningham or the trustees <=°°™y the lands, for the time being of the said lands to sell and dispose of the said two several parcels of land by public auction or private contract and either in one lot or in several lots as the said trustees shall think most ex- pedient for such price or prices as can be reasonably had or obtained for the same and when sold to convey the same or any part or parts thereof to the purchaser or purchasers thereof and thereupon the same shall vest absolutely in the said purchaser or purchasers his or their heirs and assigns freed and discharged from the said trusts affecting the same. 2. The moneys to arise from the sale of the said land shall be paid proceeds of sale into the hands of the Colonial Treasurer to the credit of the said trustees the^hffis ofthe for the time being and- the receipt of the Colonial Treasurer shall be a Colonial Trea- .sufficient discharge to the purchaser or purchasers of the said land or ™''^''" 918 PEINCE ALFRED HOSPITAL. Power to pur- chase other land and to appro- priate money. 19 Victoria, anjr part or parts thereof and shall wholly exonerate him or them from seeing to the application thereof and from all liability as to the mis- application or non-application thereof. 3. It shall he lawful for the said Thomas Barker John Alexander John McParlane_ John McGibbon and Q-eorge Cunningham or the trustees for the time being of the said lands to purchase or to accept a grant of land in the city of Sydney for the purposes of the said trusts respectiTely and to appropriate the proceeds of the sale of the said lands in the purchase of such other land and in the erection thereon of a church and school-house and other buildings if required in connection therewith and the drafts of the said trustees or any three of them pur- porting on the face of them to be for either of such purposes and to be drawn by the said trustees as such trustees shall be a sufficient discharge to the said Colonial Treasurer for all such sum or sums of money as shall be therein mentioned and as shall have been paid in pursuance thereof and the said Colonial Treasurer shall not be responsible in respect of any mis-application or non-application of any money so paid by him upon any such draft. 4. The land to be purchased or granted as aforesaid and the church and school-house and other buildings when built or erected shall be vested in the said Thomas Barker John Alexander John McParlane John McGibbon and G-eorge Cunningham or other the trustees for the time being of the said land upon the same trusts mentioned and expressed in the said deeds of grant respectively. Land to be pur- chased to be vested in trus- tees. PEINCE ALPRED HOSPITAL. 36 Victoria. An Act to incorporate the Prince Alfred Hospital. [3 AprU, 1873.] Preamble. \\I HEREAS a pubKc meeting was held in Sydney on the twentieth V T day of March one thousand eight hundred, and sixty-eight at which certain resolutions were passed expressing a determination that a substantial and permanent monument should be erected in com- memoration of the heartfelt gratitude of the inhabitants of New South Wales for the preservation of His Eoyal Highhess Prince Alfred and that the form of memorial most appivpiiate to the object in view and best calculated to represent the feelings of: the community would be a hospital for the relief of the sick and jnaimed possessing all modern appliances necessary for the effective treatment of disease and for the comfort of the inmates including a ward for convalescents until suitable accommodation should be provided for such And whereas a committee was formed for collecting subscriptions for the erection of such hospital and the carrying out of ^ such resolutions And whereas a number of persons resident in all parts of the said Colony and else- where have subscribed towards such objects and there is now in the hands of the treasurers a large sum of money from such subscriptions applicable to such purposes And whereas such sum of money has been subscribed by persons of all shades of religious opinion and belief and it is deemed expedient that the said institution shall be entirely unsec- tarian in character And whereas by reason of the very large number of subscribers towards the erection and establishment of such hospital and \ PEINCE ALPEED HOSPITAL. 919 the possibility of having a meeting of sucli subscribers for the purpose of 36 Victobia. their choosing the first directors of the said hospital to represent them as the donors of the fund with which such hospital shall be erected it is expedient that such first directors should by this Act be nominated and appointed and that provision should be made for the election from time to time of directors to represent the said persons subscribiug the fund for the erection and constitution of the said hospital And whereas a portion of the land originally granted to the University of Sydney in the year one thousand eight hundred and fifty-five is intended, to be resumed by Her Majesty under an Act of the Legislature for that purpose in order that the same may be granted for the purposes of the Prince Alfred Hospital in accordance with and subject to certain conditions and trusts in such Act expressed And whereas it is expedient for the purpose of more effectually carrying out the said determination as to the erection of the said hospital and of providing for and carrying out the good government and management of the said hospital that the contributors for the time-being to the erection and support of the said hospital should be incorporated with and subject to the powers privileges restrictions and provisions hereinafter men- tioned and that the said land should be vested and held in manner hereinafter mentioned Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legisla- tive Council and Legislative Assembly of New South "Wales in Parlia- ment assembled and by the authority of the same as follows : — 1. All persons who have already subscribed and all persons who after Subscribers to the passing of this Act shall subscribe towards the erection and com- corporation.^ pletion of the said hospital and who after the passing of this Act and the completion of the said hospital shall contribute to the support of the said hospital and also all persons who after the completion of the said hospital shall contribute to the support of the said institution for so long and during such time as they shall continue to be such contributors to the support of the said institution and also aU persons who shall have paid or shall hereafter pay one entire sum of fifty pounds towards either the erection completion or support of the said hospital shall be from the time of the passing of this Act subject to the provisions in this Act contained a body corporate by the name of the Prince Alfred Hospital by which name such body corporate shall have perpetual succession and a common seal and in the same name shall and may sue and be sued implead or be impleaded proceed or be proceeded against in all Courts of the said Colony and may prefer lay and prosecute any indictment information and prosecution against any person or persons whomsoever for any offence and in all indictments informations and prosecutions it shall be lawful to state any property of the said corporate body to be the property of the said corporate body and its corporate name and to allege any intent to defraud the said corporate body or any of its officers to be an intent to defraud the said corporate body in its corporate name. 2. All real and personal estate vested in and held by any person or au property in persons in trust for the said Prince Alfred Hospital at the time of the hospital vested passing of this Act shall be and the same is hereby transferred to and j.^'^'^^j^ vested in the said body corporate. 3. It shall be lawful for the said body corporate to take purchase Power to hold hold and enjoy not only such lands buildings and hereditaments as may ^^^^ *'* from time to time be required used or occupied for the immediate 920 PEINCE ALPEED HOSPITAL. Hospital and property to be managed by directors. 36 VicTOBiA, requirements and purposes of the said hospital but also any other lands and hereditaments whatsoever wheresoever situate and also to take purchase receive hold and enjoy any goods chattels and personal property and also to sell grant convey assure demise or otherwise dispose of either absolutely or by way of mortgage any of the property real or personal belonging to the said body corporate Provided that it shall not be lawful for the said body corporate so to sell grant convey assure demise or dispose of the said portion of the land originally granted to the said University of Sydney so as aforesaid intended to be resumed by Her Majesty and to be granted for the purposes of the said hospital or any part thereof of any lands or hereditaments which may at any time hereafter be granted to the said body corporate by the Crown by way of free gift unless with the approval of the Q-overnor and Executive Council to be testiiied by writing under the hand of the Grovernor countersigned by the Colonial Secretary for the time-being except by way of lease for any term not exceeding twenty-one years from the time of the granting of any such lease in and by which there shall be reserved and made payable during the whole of the term to be thereby granted the best yearly rent that can be reasonably gotten for the same without any fine or premium. 4. The said hospital and the property of the said body corporate shall be governed managed and disposed of by the board of directors of the said institution for the time being subject to the by-laws rules and regulations for the time being of the said institution and six directors shall form a quorum of such board for the doing any act or performing or transacting any business which may under the pro- visions of this Act or the by-laws rules and regulations of the said body corporate be done performed or transacted. 5. The first directors of the said institution and who shall for all purposes connected with the said institution be the representatives of the said persons who have subscribed to the fund for the erection and establishment of the said hospital shall be fifteen in number and such first directors shall be the Chancellor for the time being of the University of Sydney the Dean of Faculty of Medicine of the said University and three other persons to be appointed from time to time by the Grovernor and Executive Council together with Ewen Wallace Cameron Eobert Coveny Eyre Groulburn Ellis John Fairfax the Honorable Thomas Holt Edward Knox Lewis Wolfe Levy Alfred Eoberts John Smith M.D. and John Brown "Watt and such directors shall subject to the conditions and provisions herein contained hold oifice until the said hospital shall have been erected and shall be opened and ready for the reception of patients and for thirteen months thereafter. 6. In the event of any one of such first directors as mentioned in the last preceding section or any director nominated and appointed under the provisions of this section at any time and from time to time under any of the provisions in this Act or any by-laws and rules made hereunder ceasing to be a director the board of directors shall within three months of such vacancy nominate and appoint some other person from among such original donors of not less amount than five pounds to the fund for erecting and establishing the said hospital or from the annual subscribers of amounts not less than two pounds per annum to the said hospital to be a director in the room and place of such person so ceasing to be such director and every director so Appointment of first directors. Appointment of new director in place of any first director ceasing to be director. PEINCE ALFEED HOSPITAL. 92] appointed shall for all the purposes and provisions of this Act be taken 36 Victobia, and considered to be a first director in the same manner as if he had been hereby appointed one of the said first directors Provided always that v^hen and so often as any person appointed by the Grovernor and Executive Council ceases to be a director some other person shaU be appointed by the Grovernor with the advice aforesaid. 7. "Within thirteen months after the said hospital shall have been Appointment erected and shall be opened and ready for the reception of patients hospitTopS the said first directors shall call a meeting of the then annual to represent subscribers to the support and maintenance of the said institution for subscrlberst the reception of patients by an advertisement in any one or more of the newspapers published in Sydney for fourteen days before the time of such meeting for the purpose of electing directors to represent such annual subscribers at the board of directors as the same shall thence- forth be constituted and at such meeting such subscribers shall elect ten directors and the Grovernor and Executive Council may appoint three directors in lieu of the persons previously appointed. 8. At every annual meeting subsequently held in the month of Appointment at July in every year five of such ten directors mentioned in the last ot'™rec"rs in^ preceding section shall retire and the five who are to retire shall be P'^ce ot retiring determined by lot and when the whole of such ten directors shall have retired then at every such subsequent annual meeting five of the ten directors elected by the annual subscribers towards the support of the institution shall retire in rotation the directors so retiring being eligible for re-election and at every such annual meeting it shall be lawful for the then annual subscribers to the support of the said institution to elect five directors in the room of the said directors then retiring according to the provisions herein contained and if there shall be more than five candidates such election shall be by ballot. 9. As soon as the said directors shall have been so as aforesaid elected After subscribers the said board of directors of and for the said institution shall con- pSnteT board tc sist of fifteen directors made up of the said ten directors first herein oons'st of fifteen, provided for and the Chancellor of the University for the time being the Dean of Paculty of Medicine of the said University and the three persons appointed by the Grovernor with the advice aforesaid and of such board the presence of six directors shall form a quorum. 10. Ministers of religion shall subject and according to the provi- Ministers of sions of the by-laws rules and regulations to be made by the board of J,"^™ '" 5?™ directors have free admittance to the said hospital for the purpose of hospital but not giving and administering religious instruction and consolation to any eSedarrectore^ patients in the said hospital of such minister's own denomination but in no case shall any minister of religion of any denomination be capable of being elected a director of the said hospital. 11. It shall be lawful for the board of directors at anytime and Power to maiie from time to time to make repeal and alter by-laws rules and regula- ''y*'*"^- tions for regulating their own times and mode of meetings and trans- acting business for fixing the number of votes of contributors in proportion to the amount of their contributions for determining the qualification disqualification change retirement election and appoint- ment of directors (except as herein provided for) medical officers auditors executive and other officers and nursing staff and sub-com- mittees of the said institution and generally for the support manage- ment and government of the said institution and of all officers servants 922 PEIlSrCE ALEEED HOSPITAL. Copy of by-laws to be e^ idence. Power of direc- tors to invest funds. 36 VicTOEiA. and patients thereof Provided ttat no siicli by-laws rules or regula- tions shall be in any way repugnant to or inconsistent with the provisions herein contained. 12. A copy of any such by-laws rules and regulations sealed with the seal of the said body corporate and purporting to be certified by the secretary for the time being of the said institution as being correct shall be received in any Court as conclusive evidence of such by-laws rules and regulations. 13. It shall be lawful for the board of directors from time to time and for the time being to invest any of the funds of the said body corporate and which may not in the opinion of such board of directors be required for the current expenses of the said institution and any moneys given or bequeathed to the said institution or arising from the sale of property granted devised bequeathed or given to the said institution according to the discretion of such board of directors in any Grovernment funds or debentures of the Aufitralian Colonies or in any debentures or debenture stock of any municipal corporation in the said Colonies or of any bank or incorporated Company carrying on business in the said Colonies or by way of purchase mortgage or other- wise upon any freehold estate in the said Colonies with power from time to time and at any time to vary and transfer any such investment for or into any other investment of a like kind Provided always that it shall be lawful for the board of directors in their absolute discretion at any time and from time to time to resort to any such investments and to realize the same for the purpose of applying the moneys to arise from the sale and realization of the same in or towards any then current or immediate expense or requirement of the said institution. 14. The board of directors shall from time to time elect and appoint from among such board a house committee and such and so many sub- committees as they may think fit for transacting the affairs and business of the said institution with and subject to such powers privileges pro- visions and conditions as shall be provided and declared by the by-laws rules and regulations for the time being. Power to appoint 15. It shall be lawful for the board of directors from time to time to sing'stofff °™ make provision for the appointment and support of a medical school and a nursing and training staff for the said institution. infonnaiiiy of 16. No irregularity informality or illegality in the election or ap- tor or officer not pomtment of any director or ofiicer of the said institution shall be this'Art'*'**^ taken or construed to render illegal or invalid any act deed matter or thing done or executed or suffered to be done or executed by such director or officer in pursuance of such election or appointment but any such election or appointment may in such way as may be provided for in the said by-laws for the time being be determined to be good or bad and if bad the vacancy supplied in such way as may be provided for in such by-laws and the provisions of the said by-laws for the time being as to the validity of any such election or appointment and the acts deeds and things done by any director or officer in pursuance of any such election or appointment shall have the force and effect of law. Power^tomako l7. It shall be lawful for the said board of directors to design at mon'^seai.°°'"' any time and from time to time to change or alter the common seal of the said body corporate. Directors to appoint sub- committees. PEIMITIVE METHODIST CHUECH TEMPOEALITIES. 923 18. It shall be lawful for the treasurer at any time to institute and 36 Victobia. prosecute on behalf and in the name of the said body corporate pro- Proceedings may ceedings in any Court against any person who may have received rIoovSgre-'" medical or surgical care and attention or both in the said institution or muneration for against the executors or adminstrators of any such person or against h^p™™ ' "" ""* the curator of the estate of any such person for the recovery of fees and remuneration for such care and attention and any amount re- covered in any such proceeding shall be applied in such way as may be provided in the said by-laws for the time being. 19. AH unclaimed moneys of patients who shall die in the said hos- Unclaimed pital shall be the property of the said body corporate and shall form a ^ased patient to distinct and separate fund to be called the "Samaritan Eund" which fund iorm Samaritan shall be managed and disposed of in such manner as by the by-laws " ' for the time being of the said institution shall be provided for the benefit of the necessitous outgoing patients. 20. The words "body corporate " in this Act shall in all cases mean interpretation, the said corporation of the Prince Alfred Hospital hereby created The word "institution" in this Act shall in all cases mean the said hospital so incorporated as an establishment for all the purposes of an hospital The words " the board of directors " in this Act shall in all cases mean the board of directors as the same shaU. for the time being and from time to time consist and be constituted either in number or otherwise The word " treasurer" in this Act shall in all cases mean the treasurer for the time being or any person appointed to act and for the time being acting in the capacity of treasurer for the said institution. 21. Nothing herein contained shall be deemed or constructed to Act may be prevent the Legislature of the Colony for the time being from altering *™'??^ " amending or repealing the provisions of this Act or any of them as the public interests may at any time seem to render necessary or expedient. 22. This Act may for all purposes be cited as the " Prince Alfred Title of Act. Hospital Act." PRIMITIVE METHODIST CHUECH TEMPORALITIES. An Act to regulate the temporal affairs of Churches and 42 Victobia. Chapels of the Religious Society denominated Primitive Methodists. [27 February, 1879.] WHEEEAS with regard to churches chapels and ministers' dwel- preamble, lings of the Primitive Methodist Church it is expedient to make provision for creating a succession of properly qualified trustees according to the usages and regulations of the said Church or connexion and for defining the manner in which the trusts thereby created or hereafter created as afEecting any property of the said Church or connexion may be fulfilled and generally for the purpose of regulating and managing the affairs of the said Church or connexion and of any property belonging thereto Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the 924 PEIMITIVE METHODIST CHURCH TEMPOEALITIES. Superintendent minister entitled to vote at all meetings. 42 VicTOKiA. Legislative Council and Legislative Assembly of New Soutli "Wales in Parliament assembled and by tbe authority of the same as follows : — Election of trus- 1. Erom and after the passing of this Act the trustees of all '^^^' Primitive Methodist churches chapels ministers' dwellings school- rooms burial-grounds or glebe land in the Colony of K'ew South Wales shall be elected and appointed in the manner following that is to say at a special meeting of the subscribers the leader or leaders of the classes the society stewards and such other persons as may be members of the circuit committee and the superintendent minister of the circuit for the time being within whose jurisdiction such church chapel or ministers' dwelling is intended to be built or where the burial-ground or glebe land or other land belonging to the said connexion shall be situated and the persons composing the said meeting or the majority of them shall put in nomination any number of persons not less than three nor more than ten being members of or friendly to the said Primitive Methodist connexion such nomination to be laid before the next ensuing quarterly meeting of the circuit as aforesaid for its approval and in the event of the non-approval thereof by such quarterly meeting then such election shall take place de novo and so on from time to time until such approval be obtained. 2. The superintendent minister for the time being lawfully appointed and recognized by the annual district meeting or conference of the said Primitive Methodist connexion in the Colony aforesaid as the superintendent minister of the circuit as aforesaid shall ex officio be entitled to be present at all meetings of the trustees or other meetings concerning the affairs of the church or chapel and shall at all such meetings be entitled to vote upon any question concerning the affairs of the church or chapel of which he is the superintendent minister as aforesaid or concerning the minister's dwelling thereof and in case the said superintendent minister shall be unable to attend his colleague or one of his colleagues in the ministry belonging to the same circuit with himself being nominated by such superintendent minister shall be entitled to be present and to take part in the pro- ceedings of and have a vote at all such meetings as aforesaid in like manner as the said superintendent minister might have acted and voted if personally present. Election oi 3. The persons present at such trustees' meetings and entitled to chainnan. ^q^q thereat Or the majority of them shall choose a chairman and shall decide any question or matter proposed at such meeting and respecting which votes shall be given and in case there should be at any such meeting an equality of votes the chairman shall have a casting vote in addition to the vote he shall otherwise be entitled to and all acts and deeds done and executed in pursuance of any such decision as aforesaid shall be good valid and binding on all persons entitled to vote at the meeting who may be absent or being present may be in the minority. Qualification of 4. Every person who shall be nominated and appointed as such trusteee. trustee as aforesaid shall be a member of or friendly to the said Primitive Methodist connexion being free and above the age of twenty- one years. Trastees absent 5. If any trustee shall be absent from the said Colony or become from the Colony resident of any district above one hundred miles distant from the PEIMITIVE METHODIST CHUECH TEMPOEALITIES. 925 cliurch or cliapel dwelling sehool-r jom burial-ground or otter land for 42 Victokia. which he is such trustee for more than twelve months in succession or shall be a confirmed lunatic or shall become disqualified by reason of improper conduct or otherwise within the meaning of this Act (of which disqualification as far as regards spiritual matters the quarterly meeting of the circuit at the suit of the other trustees or of the leaders meetings shall be the judge) it shall and may be lawful for the members of the said connection in the district where such vacancy shall occur to proceed to the election in manner aforesaid of one or more trustees (as the case may be) to fill up the vacancy which shall or may so occur such election to be subject to approval in manner herein- before provided. 6. "Whenever and so often as the trustees shall by death inca- Election of new pacity insolvency or refusal to act or wheji the number of trustees t™^''^^^- through any means or causes whatsoever shall be reduced to the number of two or before they are so reduced if the trustees or the major part of them assembled at a meeting of the trustees or the quarterly meeting of the circuit consider it expedient then and in every such case their steward or the superintendent minister of the circuit in which the said church or chapel dwelling school-room burial-ground or other land is for the time being situated shall as soon as may be and from time to time cause public notice to be given in the said church or chapel during the time of Divine service of a meeting to be holden therein or in some other convenient place after one week's interval at least for nominating twice the number required of suitable persons to be trustees if so many suitable persons can be found in the neighbourhood as shall together with such of the old trustees as shall continue in the trust make up in the whole the original number of trustees (or more than that number if the trustees for the time being or the major part of them assembled at a meeting of the trustees think it expedient to appoint a greater number) such meeting to be composed of the old trustees the leader or leaders of the classes and the superintendent minister for the time being or the majority shall put in nomination so many persons being friendly to or members of the said Primitive Methodist connexion as shall be double the number of trustees required to be elected and out of the persons so put in nomination the next ensuing quarterly meeting of the circuit aforesaid shall elect and appoint so many persons to be trustees as shall together with such of the old trustees as shall contiuue in the trust make up the original number of trustees or more if it be deemed expedient to appoint a greater number And upon such election having taken place in due form the trust estate shall thereupon in every case without any conveyance or transfer vest in such new and such continu- ing and surviving trustees upon such and the same trusts as such trust estate was held by the original trustees or such of the said trusts as shall be then subsisting or capable of taking effect. 7. 'No trustee shall be permitted to resign his office until he shall Trustee to have duly accounted to the satisfaction of his co-trustees for all sums account. of money at any time received by him in his said trust. 8. If the surviving or continuing trustees of any such church or in certain cases chapel dwelling school-room burial-ground or other land or the super- mM^f ^°y " intendent minister for the time being of the circuit in which the said appoint, trust premises are situated shall not within twelve months after the death resignation absence infirmity or removal from office as aforesaid give public notice of a meeting to be held for filling up the vacancy as 926 PRIMITIVE METHODIST CHIJECH TEMPOEALITIES. Duties of tnistees. Worship in churches or chapels. 42 VicTOEiA. aforesaid it shall and may be lawful for the district committee of the Primitive Methodist connexion in the Colony aforesaid by ■writing through its secretary to nominate and appoint a person or persons duly qualified as aforesaid to fill up the vacancy as aforesaid and such appointment shall operate as if the trustee so appointed were duly elected iu the manner hereinbefore provided. 9. And whereas for the more effective discharge of the duties of trustees of Primitive Methodist churches or chapels dwellings school- rooms burial-grounds or other lands it is expedient that their powers and duties should be defined Be it declared and enacted that the duties of the said trustees shall be solely confined to the temporal concerns of the said churches and chapels such as the collection of pew rents donations bequests devises of land or other property for the erection maintenance and repair of the church chapel school-room or ministers's dwelling for which they shall be appointed or for a burial- ground or glebe land thereunto annexed and the payment of all debts incurred in the working of the said trust And it is hereby declared that the said trustees shall have no power or authority to dismiss or remove the minister of any such church or chapel to which they are or shall be appointed. 10. It shall be lawful from time to time and at all times hereafter for the trustees of any church or chapel erected according to the pro- visions of this Act to permit freely and without any interruption to preach and expound Q-od's Holy Word and to perform the usual acts of public worship in accordance with the usages of the said Primitive Methodist connexion in the said church or chapel only such person or persona as shall from time to time be approved by the said annual meeting of the district assembly in New South "Wales and of the conference of the said Primitive Methodist connection from time to time held and also in the event of any vacancy or vacancies occurring in the appointment or appointments of the preacher or preachers so stationed by the dis- trict meeting and conference aforesaid during the interval between any of the annual meetings whether such vacancies shall have been occasioned by the death resignation removal or suspension from office of any such preacher as aforesaid then to permit any other person or persons who may be appointed in his or their behalf by the circuit quarterly meeting of the said Primitive Methodist connexion within whose juris- diction the said church or chapel may for the time being be situated in the said church or chapel in accordance with the said rules and usages of the said connexion to officiate in the place or places of the said deceased resigned removed or suspended person or persons in the mean- time and until the next following annual district assembly and con- ference such appointment to be subject to the approval of the aforesaid district committee. 11. And also to permit any other person or persons being a member or members of the said Primitive Methodist connexion whom the circuit quarterly meeting within whose jurisdiction the said chapel or place of religious worship may for the time being be situated or any other person or persons authorized by such meeting to make such appointment shall from time to time appoint to officiate in the said chapel or place of religious worship in accordonce with the aforesaid rules and usages upon some particular occasion or occasions for which the appointment or appointments shall be made under such authority as aforesaid Azid upon trust that when any two of the trustees for Persons to officiate. PEIMITIVE METHODIST CHUECH TEMPOEALITIES. 927 the time being together with the superintendent minister of the station 42 Victoria. within which the said chapel or place for religious worship may be situate shall think it proper to direct and shall direct that the use of the said chapel or place of religious worship and the right of officiating and conducting the services thereof shall be allowed upon some particular occasion or occasions to any person or persons other than as aforesaid and notwithstanding that the person or persons to whom such directions shall apply may not be a member or members of the said PrimitiTe Methodist connexion then to permit such last-mentioned person or persons and him or them only to officiate in and conduct the services at the said chapel or place of religious worship on such last- mentioned occasion or occasions and in accordance with any such last- mentioned appointment as aforesaid Provided always and it is hereby expressly declared that every minister or other person officiating in any of the said churches or chapels and all members of the said Primitive Methodist connexion shall be bound by and submit to the doctrines and usages of the connexion as expressed and declared in a certain deed-poll under the hands and seals of Hugh Bourne James Bourne and William Clowes bearing date the fifth day of February one thousand eight hundred and thirty and enrolled in Her Majesty's High Court of Chancery in England on the tenth day of February one thousand eight hundred and thirty. 12. It shall and may be lawful for the trustees of any Primitive Alteration of Methodist church or chapel minister's dwelling or school-room or the buiWmgs. major part of the members of a trustee meeting with the sanction of the district building committee in the Colony as aforesaid when and so often as they shall deem the same necessary or expedient to take down and remove the said church or chapel buildings or premises or any part or parts thereof respectively for the purpose of rebuilding or enlarging or altering the said church or chapel dwelling school-room or appurtenances belonging thereto. 13. It shall and may be lawful for the trustees as aforesaid or the power to mort. major part of them to appoint convey and assure in fee for any term ^^=^- or terms of years the said church or chapel minister's dwelhng school- room or any part or parts thereof respectively to any person or persons for securing such sum or sums of money as may be requisite or necessary for the carrying out of the trusts herein defined. 14. In case the congregation attending any church or chapel shall Power of sale. be so reduced that the income arising from rents collections and sub- scriptions shall be inadequate to meet and discharge the interest (if any) of moneys borrowed and then due and owing upon or on account of the said church or chapel minister's dwelling or schbol-room and the various current expenses attending the services that may from time to time be conducted or if for any other reason or reasons whatsoever the trustees or the major part of the members present at a trustees' meeting shall deem it expedient to sell the said church or chapel minister's dwelling or school-room and glebe lands or any part or parts thereof it shall and may be lawful for the said trustees or the majority of them with the consent of the district building committee for the time being to sell the said church or chapel minister's dwelling school- room and glebe lands or any or either of them for the best price or prices in money that can reasonably be obtained for the same and well and effectually to convey and assure the said church or chapel minister's dwelling school-room glebe land or other property so sold to the 928 PRIMITIVE METHODIST CHUECH TEMPOEALITIES,, 42 Victoria, purchaser or purchasers thereof his her or their heirs and assigns or as he or she or they shall direct and appoint and the trustees shall apply the said money arising from the sale of the said church or chapel minister's dwelling school-room glebe land or other property and which shall be received by the trustees aforesaid in paying off the debt or debts (if any) owing on account of the said trust premises or invest the same or the residue thereof in the purchase or erection of a. larger or more commodious church or chapel minister's dwelling school- room or otherwise in aid of a church or chapel belonging to the Primitive Methodist connexion as the trustees with the approbation of the quarterly meeting of the circuit in which the said church or chapel shall for the time being be situated shall determine And no purchaser or mortgagee shall be bound to inquire into the expediency or legality of any sale or mortgage nor to the application of any moneys paid to the said trustees in respect of such sale or mortgage Provided that no lands granted by the Crown to the said Church shall come within the operation of this or the preceding section. Powers of leasing 15. "Whenever and as often as it shall happen that the glebe or other lands belonging to any church or chapel under this Act can be advantageously let (such land not being in possession or occupation of any minister duly appointed to oificiate in such church or chapel or with the consent of the minister being in such possession) it shall and may be lawful for the said trustees with the further consent of the circuit quarterly meeting aforesaid signified in writing to enter into and upon the said glebe or other lands and to let the same upon leases for any term not exceeding twenty-one years reserving the rents issues and profits thereof to the said trustees for the time being who shall and may receive and apply the same or any part thereof in or towards building or enlarging the church or chapel minister's dwelling or school-room to which the glebe or other land is annexed or in paying the stipends of the minister or ministers who shall for the time being be employed as aforesaid in the circuit where such glebe or other land may be situated or in any other way as the trustees or a. majority of them with the consent of the said quarterly meeting may think fit Provided further that no money or moneys so obtained shall be given to any fund not belonging to the Primitive Methodist con- nexion in accordance with this Act. Trustees to col- 16. It shall and may be lawful for the trustees appointed or to be money'' "^"'''^^ appointed according to the provisions of this Act to collect and gather all and every sum or sums of money which may be due and payable for pews or sittings in such church or chapel for which they have been so appointed according to the rent or rate assessed for the same or any other sum or sums of money due on account of the said church or chapel or of the minister's dwelling school-room burial-ground or glebe land annexed thereto and to sue for the recovery of the same from all persons who shall fail or refuse to pay the same according to the terms of their engagement and the said trustees out of the moneys so received or recovered as far as the same will extend shall regularly apply the same for the purposes before mentioned. Accents to be 17. A general meeting of the trustees for the time being jointly reuiered. -nrith the said superintendent minister shall be held once at least every year in the said church or chapel or some other convenient place of which meeting due notice shall be given in the said church or chapel during the time of divine service or by post seven days at least before EEDHEAD COAL-MINE COMPANY. 929 or previous to sucli meeting and at such meeting the said trustees or 42 Victoria. the major part of them by their steward or stewards treasurer or trea- surers shall produce a fair and clear account of all moneys received and paid with vouchers for or on account of the said church or chapel and when such account shall have been properly audited and allowed by the said trustees or the major part of them present at the meeting and signed by the president and secretary of the said trustees' meeting the said accounts shall be considered audited and passed and the accounts thus audited and signed shall be transmitted through the next ensuing quarterly meeting of the circuit to the secretary of the district building committee aforesaid. 18. All lands and real estate which at the time of the passing of this All real estate Act shall be vested in trustees for the said Primitive Methodist con- pSri?,vf£t?„'' nexion snail be subject to the provisions of this Act and all lands and dist Church to be real estate which hereafter may be granted conveyed or transferred projisfom oUhia upon trust for the said Primitive Methodist connexion shall in like Act. manner be subject to the provisions of this Act whether the convey- ance transfer or other deed or instrument creating the trust shall so -declare or not and as regards existing trusts in all cases where at the time of the passing of this Act there shall be less than three surviving or continuing trustees before the next quarterly circuit meeting an election and nomination of additional trustees shall take place in manner hereinbefore provided so that the number may be increased to not less than three nor more than ten as aforesaid Provided always that nothing in this Act contained (other than as regards the election and continuing of a proper succession of trustees) shall be deemed to affect any real estate which may be the subject of any express trust for the benefit of the said Primitive Methodist connexion and nothing in this Act contained shall be deemed to deprive any person of any advantage or emolument to which he is now by law entitled. 19. This Act may be cited as the " Primitive Methodist Church Tern- short title, porahties Act 1879." REDHEAD COAL-MINE RAILWAY. An Act to enable a Company called the " Redhead 46 Victoria. Coal-mining Company (Limited) " to construct a Railway from the Redhead Coal-mine to the Great Northern Railway. [14 April, 1883.] WHEEEAS certain persons now residing in the Colony of New Preamble. South Wales have opened coal-mines and established collieries on a parcel of land situate near Newcastle in the parish of Kahiba county of Cumberland and with others have formed themselves into a Company called the "Eedhead Coal-mining Company Limited" and in order to facilitate communication between the said coal-mines and the Great Northern Eailway such Company is desirous of constructing a railway from their said coal-mine to the Great Northern Eailway but as part of such proposed railway is intended to be made upon and pass through land believed to be the property of the Crown bodies corpo- rate and private persons respectively the same cannot be made without Legislative authority And whereas the said coal-mines are likely to 930 EEDHEAD COAL-MINE COMPAJSTT. 46 Victoria, prove "beneficial to tjbie Colony and the public are concerned in promot- ing sucli an increase in and facilities for the supply of coal for local consumption steam navigation and export as would result from the construction of the said proposed railway and the traffic on the Grreat Northern Railway would be increased thereby It is therefore desir- able to authorize by Legislative enactment the construction of the said railway subject to the provisions hereinafter contained upon pay- ment of compensation to the several parties through whose land the same shall pass for such portion of their respective lands as may be required to be taken and occupied thereby Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and con- sent of the Legislative Council and Legislative Assembly of New South "Wales in Parliament assembled and by the authority of the same as follows : — Authority to con- 1. It shall be lawful for the said Company to make and construct and 00™!™^ a railway from the southern boundary of their said land unto and same -with Great through the lands known as that of Q-. Oakley E. Bull Dixon Little Northern Hail- ^i^^^-^^ ^^^^ pthers Waratah Coal Company Dr. Mitchell (now E. C. Mereweather) and unto and through the land known as that of the New Lambton Coal Company and joining the proposed Sydney and "Waratah Eailway line ninety -seven miles seventy-three chains from Sydney or about four miles from Newcastle and to effect if necessary a junction between said line and the G-reat Northern Eail- way in accordance with section ninety-nine of the Grovernment Eailway Act of 1858 such railway to be in the direction described in the Schedule but so that the same shall not occupy at any part thereof (except near the junction of the G-reat Northern Eailway) a greater space in breadth than sixty-six feet And also that the said Company may take and occupy three acres of land or any lesser area at the junction of the said railway with the Great Northern Eailway. Site of railway 2. The ground and soil of so much of the site of the railway as the'company*" passes Over the lauds of the said owners of lands respectively and over without con- Crown Lands together with such rights of ingress egress and regress veyance. upon the adjacent land as may be necessary for the making and repair thereof shall be vested by virtue of this Act and without the necessity of any conveyance in the Company for the purposes of the railway Provided that no lands vested in the Commissioner for Eailways shall by virtue of this Act be vested in the Company and nothing hereia contained shall prevent the said owners from carrying on any mining operations beneath the said railway which shall not interfere with the safety of the said railway and the traffic thereon and the Company shall have no further right to the soil of the said lands beneath the surface than shall be requisite for the formation and repairs of the said road by cutting embanking sinking wells or othermse Provided that the said railway shall be constructed and brought into use within five years after the passing of this Act and that in default thereof or if after its completion the said railway shall cease to be used for three years continuously all the said lands and all the said Company's interest and estate therein shall revert without any conveyance to the original owners thereof their heirs and assigns Provided also that if in the exercise of the powers hereby granted it be found necessary to cross cut through sink raise or use any part of any road whether carriage road or horse road so as to render it impassable for or dangerous or inconvenient to the persons entitled to the use thereof the Company EEDHEAD COAL-MINE COMPANY. 931 shall before the commencement of any such operations cause a snffi- 46 ■Viotoeia. cient road to he made instead of any road interfered with and shall at their own expense maintain such substituted road in a state as con- venient as the road interfered with or as nearly as may be And the Company before they use the said lands of the said owners of land and the said Crown Lands respectively for any of the purposes aforesaid shall if required so to do separate the same by a sufficient fence from the land adjoining thereto with such gates as may be required for the convenient occupation of such land and shall also to all private roads used by them as aforesaid put up fences and gates in like manner in all cases where the same may be necessary to prevent the straying of cattle from or upon the lands traversed by such roads and in case of any difference between the owners or occupiers of such roads and lands and the Company as to the necessity for such fences and gates then the said Company shall put up and erect such fences and gates as any two Justices of the Peace shall deem necessary for the purposes aforesaid on application being made to them. 3. The railway shall be open to the public use upon payment of a Eaiiway open to toll to the Company of a sum not exceeding two pence per ton per *^^ ?"''''''• mile in tespect of every ton of goods for every transit the party seeking transit supplying and loading his own trucks or waggons and the Com- pany supplying locomotive power and all trucks when emptied shall be conveyed on their return free of charge Provided always that it shall not be compulsory on the Company to supply locomotive power unless the party seeking transit guarantee and bring one hundred tons at least during the twelve working hours and give notice of same at least twenty-four hours previously The railway shall at all times be open to the public upon payment of a toll to the Company of a sum not exceeding one penny half -penny per ton per mile in respect of every ton of goods for every transit if the party seeking transit supply the locomotive power as well ks the trucks and waggons Provided that so long as the Company shall be willing to supply locomotive power no other person shall use locomotive power on the line Provided that if the railway shall be damaged by parties who shall themselves use the railway for transit and supply locomotive power the Company shall be entitled to compensation for such damage to be recovered either by action in the Supreme Court of New South "Wales or if such damage do not exceed the sum of twenty pounds summarily before two Justices and in estimating such damage the Company shall be entitled not only to compensation for the cost of repairing and restoring the railway but to the consequential damage (if any) sustained by reason of the suspension of transit or otherwise. 4. And be it enacted That it shall be lawful for the owners or Branch railways- occupiers of the lands traversed by the said railway to lay down upon their own lands any collateral branches of railway to communicate with the said railway for the purpose of bringing carriages to or from or upon the said railway and the Company shall if required at the expense of such owners or occupiers make openings in the rails and such additional lines of railway as may be necessary for effecting such communication in places where the communication can be made with safety to the public and without injury to the said railway and with- out inconvenience to the traffic thereupon and the Company shall not take any rate or toll or other moneys for the passing of any passengers goods or other things along any branch so to be made by 932 BEDHEAD COAL-MINE COMPANY. Power to divert or alter roads. Penalty for not substituting^ a road. 46 VioTOKiA. any such owner or occupier or other person but this enactment shall be subject to the following restrictions and conditions (that is to say) :— No such railway shall run parallel to the said railway — ^the Com- pany shall not be bound to make any such openings in any place which they shall have set apart for any specific purpose with which such communication would interfere nor upon any inclined plane or bridge nor in any tunnel. The persons making or using such branch railway shall be sub- ject to all by-laws and regulations of the Company from time to time made with respect to passing upon or crossing the railway and otherwise and the persons making or using such branch railways shall be bound to construct and from time to time as need may require to renew the ofE-set plates and switches according to the most approved plan adopted by the Company under the direction of their engineer. 5. Eor the purposes and subject to the provisions hereinafter con- tained it shall be lawful for the Company their deputies agents ser- vants and workmen and all other persons by them authorized and empowered to divert or alter the course of any road or way crossing the railway or to raise or sink any road or way in order the more conveniently to carry the same over or under or by the side of the railway. 6. If the Company shall not cause another suificient road to be so made before they interfere with any such existing road as aforesaid they shall forfeit twenty pounds for every day during which such sub- stituted road shall not be made after the existing road shall have been interrupted and such penalty shall be paid to the trustees commis- sioners surveyor or other persons having the management of such road if a public road and shall be applied for the purposes thereof or in case of a private road the same shall be paid to the owner thereof and every such penalty shall be recoverable with costs by action in any of the superior Courts. 7. If in the course of making the railway the Company shall use or interfere with any road they shall from time to time make good all damage done by them to such road and if any question shall arise as to the damage done to any such road by the Company or as to the repair thereof by them such question shall be referred to the determination of two Justices and such Justices may direct such repairs to be made in the state of such road in respect of damage done by the Company and within such period as they may think reasonable and may impose on the Company for not carrying iuto effect such repairs any penalty not exceeding ten pounds per day as to such Justices shall seem fit and any such penalty shall be paid to the surveyor or other person having the management of the road interfered with by the Company if a public road and be applied for the purposes of such road or if a private road the same shall be paid to the owner thereof Provided always that the said Justices shall have regard to and shall make fuU allowance for any tolls that may have been paid to the Com- pany on such road in the course of the using thereof. 8. Until the Company shall have made the bridges or other proper communications which they shall under the provisions herein contained have been required to make between lands intersected and the railway Koad repairs. Owners crossing. EEDHEAD COAL-MINE COMPAKT. 933 and no longer the owners and occuiiiers of sucli lands and any other 46 Victoeia. persons whose right-of-way shall be affected by the want of such com- munications and their respective servants may at all times freely pass and repass with carriages horses and other animals directly but not other- wise across any part of the railway made in or through their respective lands solely for the purpose of occupying the same lands or for the exercise of such right-of-way and so as not to obstruct the passage along the railway or to damage the same nevertheless if the owner or occupier of any such lands have in his arrangements with the Company received or agreed to receive compensation for or on account of any such communications instead of the same being formed such owner or occupier or those claiming under him shall not be entitled so to cross the railway. 9. If the railway cross any public highway or parish road on a provisions in level the Company shall erect and at all times maintain good and suffi- "^^I where cient gates across such road on each side of the railway where the crossed on a same shall communicate therewith and shall employ proper persons to '^™'' open and shut such gates and such gates shall be kept constantly closed across such roads on both sides of the railway except during the time when horses cattle carts or carriages passing along the same shall have to cross such railway and such gates shall be of such dimensions and so constructed as when closed to fence in the railway and prevent cattle or horses passing along the road from entering upon the railway and the person entrusted with the care of such gates shall cause the same to be closed as soon as such horses cattle carts or carriages shall have passed through the same under a penalty not exceeding forty shillings for every default therein Provided always that it shall be lawful for the Secretary for Public Works in any case in which he shall be satisfied that it will be more conducive to the public safety that the gates or any level crossing over any such road shall be kept closed across the railway to order that such gates shall be kept so closed instead of across the road and in case such gates shall be kept constantly closed across the railway except when engines or carriages passing along the railway shall have occasion to cross such road in the same manner and under the like penalty as above directed with respect to the gates being kept closed across the road. 10. In case of accidents or slips happening or being apprehended to Power to enter the cuttings embankments or other works of the said railway it "^nd" tore'^ir shall be lawful for the Company and their workmen and servants to accidents sub- enter upon the land adjoining thereto at any time whatsoever for restrictions.'" the purpose of repairing or preventing such accidents and to do such works as may be necessary for the purpose but in every such case the Company shall within forty-eight hours after such entry make a report to the Secretary for Public "Works specifying the nature of such accident or apprehended accident and of the works necessary to be done and such powers shall cease and determine if the said Secre- tary shall after considering the said report certify that their exercise is not necessary for the public safety Provided also that such works shall be as little injurious to the said adjoining lands as the nature of the accident or apprehended accident will admit of and shall be executed with all possible despatch and full compensation shall be made to the ovraers and occupiers of such lands for the loss or injury or inconvenience sustained by them respectively by reason of such works the amount of which compensation in case of any dispute about 934 EEDHEAD COAL-MHSTE COMPANY. 46 ViCTOBiA. the same shall be settled by arbitrators in the manner hereinafter mentioned And provided also that no land shall be taken permanently for any such works otherwise than is herein provided with respect to the lands originally taken for the purpose of making the said railway. Oonstruotion of 11. Every bridge to be erected for the purpose of carrying the r^dff^ °™' railway over any road shall be built in conformity with the following regulations (that is to say) — The width of the arch shall be such as to leave thereunder a clear space of not less than thirty feet if the arch be over a public highway and of twenty feet if over a parish road and of twelve feet if over a private road. The clear height of the arch from the surface of the road shall not be less than sixteen feet for a space of twelve feet if the arch be over a main road and fifteen feet for a space of ten feet if over a public carriage road and in each of such cases the clear height at the springing of the arch shall not be less than twelve feet the clear height of the arch for a space of nine feet shall not be less than fourteen feet over a private road. The descent made in the road in order to carry the same under the bridge shall not be more than one foot in thirty feet if the bridge be over a public highway one foot in twenty feet if over a parish road and one foot in sixteen feet if over a private road not being a tramroad or railroad or if the same be a tramroad or railroad the descent shall not be greater than the ruling gradient of such tramroad or railroad. Construction of 12. Every bridge erected for carrying any road over the railway i^ridges over shall be built in conformity with the following regulations (that is to say)— There shall be a good and sufficient fence on each side of the bridge of not less height than four feet and on each side of the immediate approaches of such bridge of not less than three feet. The road over the bridge shall have a clear space between the fences thereof of thirty -five feet if the road be a public high- way and twenty -five feet if a parish road and twelve feet if a private road. The ascent shall not be more than one foot in thirty feet if the road be a main road one foot in twenty feet if a parish road and one foot in sixteen if a private road not being a tramroad or railroad or if the same be a tramroad or rail- road the ascent shall not be greater than the ruling gradient of such tramroad or railroad. The width of 13. Provided always that in all cases where the average available not exceed\he^ width for the passing of carriages of any existing road within fifty road'in' *rt ' T^rds of the points of crossing the same is less than the width herein- cases. ^ *'" before prescribed for bridges over or under the railway the width of such bridges need not be greater than such average available width of such roads but so nevertheless that such bridges be not of less width in case of a public highway or parish road than twenty feet Pro- vided also that if at any time after the construction of the railway the average available width of any such road shall be increased beyond EEDHEAD COAL-MINE COMPANY. 935 the ■width of such bridge on either side thereof the Company shall be 46 Victoria. bound at their own expense to increase the width of the said bridge to such extent as they may be required by the trustees or surveyors of such road not exceeding the width of such road as so widened or the maximum width herein prescribed for a bridge in the like case over or under the railway. 14. Provided also that if the mesne inclination of any road within Existing inoiina- two hundred and fifty yards of the point of crossing the same or tion of roads the inclination of such portion of any road as may be preserved(ff) to be TCrted^neednot altered or for which another road shall be substituted shall be steeper be improved, than the inclination hereinbefore required to be preserved by the Com- pany then the Company may carry any such road over or under the railway or may construct such altered or substituted road at an incHna- tion not steeper than the said mesne inclination of the road so to be crossed or of the road so requiring to be altered or for which another road shall be substituted.- 15. The Company shall make and at all times thereafter main- tain the following works for the accommodation of the owners and I^"??,™"! ^™''" /»-i-,°T... 1 ., y T ' \ ui 01 owners. occupiers or lands adjoining the railway (that is to say) — Such and so many convenient gates bridges arches culverts and passages over under or by the sides of or leading to or from the Gates bridges &c. railway as shall be necessary for the purpose of making good any interruptions caused by the railway to the use of the lands through which the railway shall be made and such works shall be made forthwith after the part of the railway passing over such lands shall have been laid out or formed or during the formation thereof All sufficient posts rails hedges ditches mounds or other fences for separating the land taken for the use of the railway from Fences, the adjoining lands not taken and protecting such lands from trespass or the cattle of the owners or occupiers thereof from straying thereon by reason of the railway together with all necessary gates made to open towards such adjoining lands and not towards the railway and all necessary stiles and such posts rails and other fences shall be made forthwith after the taking of any such lands if the owners thereof shall so require and the said other works as soon as conveniently may be Also all necessary arches tunnels culverts drains or other passages either over or under or by the sides of the railway of Drains, such dimensions as will be sufficient at all times to convey the water as clearly from the lands lying near or affected by the railway as before the making of the railway or as nearly so as may be and such works shall be made from time to time as the railway works proceed Also proper watering places for cattle or compensation in lieu thereof where by reason of the railway the cattle of any per- Watering places, son occupying any lands lying near thereto shall be deprived of access to their former watering places and such watering places shall be so made as to be at all times sufficiently sup- plied with water as theretofore And as if the railway had not been made or as nearly so as may be And the said Com- pany shall make all necessary watercourses and drains for the purpose of conveying water to the said watering places (a) Qy.— required. 936 EEDHEAD COAL-MINE COMPANY. 46 Victoria. Provided always that the Company shall not be required to make such) accommodation works in such a manner as would prevent or ohstruct the working or using of the railway nor to make any accommo- dation works with respect to which the owners and occupiers of the land shall have agreed to receive and shall have been paid compensation instead of the making them. Penalty on per- 16. If anyperson omitto shut and fasten any gatesset Up at either side fastengates?^ of the railway for the accommodation of the owners or occupiers,, of the adjoining lands so soon as ho and the carriage cattle or other animals under his care have passed through the same he shall forfeit for every such offence any sum not exceeding ten pounds. Minerals not to 17. The Company shall not be entitled to any mines of coal iron- ''"^^' stone slate or other minerals under any land whereof the surface is vested in them by virtue of this Act except only such parts thereof as shall be necessary to be dug or carried away in the construction of the works hereby authorized And such mines shall not be deemed to vest in the said Company. Compensation 18. If within twenty-eight days after the passing of this Act the clause. ^g^^ persons through whose lands the railway shall pass or any of them and the Company shall not agree as to the amount of compensation to be paid by them for the said lands belonging to the said parties or any of them or for any damage that may be sustained by them or him by reason of the execution of the works or if any other question as to compensation shall arise under this Act the amount of such compensation shall be settled by arbitrators in manner hereinafter Appointment of mentioned (that is to say) Unless both parties shall concur in the arbitrators. appointment of a single arbitrator each party on the request of the other party shall nominate and appoint an arbitrator to whom such dispute or other matter shall be referred And every appointment of an arbitrator shall be under the hand of such party And such appointment shall be delivered to the arbitrator or arbitrators and shall be deemed a submission to arbitration on the part of the party by whom the same shall be made And after any such appoint- ment shall have been made neither party shall have power to revoke the same without the consent of the other nor shall the death of either party operate as a revocation And if for the space of four- teen days after any such dispute or other matter shall have arisen and after a request in writing shall have been served by the one party on the other party to appoint an arbitrator such last-mentioned party fail to appoint such arbitrator then upon such failure it shall be lawful for the Attorney-Greneral for the time being of the said Colony on the application of the party who has himself appointed an arbitrator to appoint such arbitrator to act on behalf of both parties and such arbi- trator may proceed to hear and determine the matters which shall be in dispute and in such case the award or determination of such single arbitrator shall be final and conclusive. Vacancj' of arbi- 19. If before the matter so referred shall be determined any BuppUed,''^ arbitrator appointed by either party shall die or become incapable or refuse or for fourteen days neglect to act as arbitrator the party by whom such arbitrator was appointed may nominate and appoiut in writing some other person to act in his place and if for the space of seven days after notice in writing from the other party for that purpose he fail to do so the remaining or other arbitrators may proceed alone EEDHEAD COAL-MINE COMPANY. 937 and every arbitrator so to be substituted as aforesaid shall have tbe 46 Vxctokia. same powers and authorities or (a) were vested in the former arbitrator at the time of such his death refusal neglect or disability as aforesaid. 20. Where more than one arbitrator shall have been appointed such Appointment of arbitrators shall before they enter upon the matters referred to them umpire, nominate and appoint by writing under their hands an umpire to decide any matters on which they shall differ or which shall be referred to them under the provisions of this Act And if such umpire shall die or refuse or for seven days neglect to act after being called upon to do so by the arbitrators they shall forthwith after such death refusal or neglect appoint another umpire in his place and the decision of every such umpire on the matters so referred to him shall be final. 21. If in either of the cases aforesaid the arbitrator shall refuse or Attorney-Gene- f or seven days after request of either party to such arbitration neglect rai to appoint to appoint an umpire it shall be lawful for the Attorney- G-eneral for neg?ect.°" the time being on the application of either party to such arbitration to appoint an umpire and the decision of such umpire on the matters on which the arbitrators shall differ or which shall be referred to him under this Act shall be final. 22. If when a single arbitrator shall have been appointed such arbi- trator shall die or become incapable or shall refuse or for fourteen o? stafie arwtra- days neglect to act before he shall have made his award the matters tor the matter to referred to him shall be determined by arbitration under the pro- ^^" visions of this Act in the same manner as if such arbitrator had not been appointed. 23. If where more than one arbitrator shall have been appointed either of the arbitrators shall refuse or for seven days neglect to act the other "r refuse to' act arbitrator may proceed alone and the decision of such other arbitrator theotiierto i--^. shall be as effectual as if he had been the single arbitrator appointed ^'""^'^ expar by both parties. 24. If where more than one arbitrator shall have been appointed and where neither of them shall refuse or neglect to act as aforesaid fan to make their such arbitrators shall fail to make their award within twenty-one days j™^^ !!jne oavs after the day on which the last of such arbitrators shall have been the matter to go appointed or within such extended time (if any) as shall have been *° *° umpire, appointed for that purpose by both of such arbitrators under their hands the matters referred to them shall be determined by the umpire to be so appointed as aforesaid. 25. The said arbitrators or their umpire may call for the production of any documents in the possession or power of either party which ^^""ora'to ra!u ' they or he may think necessary for determining the question in dispute for books &c. and may examine the parties or their witnesses on oath and administer the oaths necessary for that purpose. 26. Before any arbitrator or umpire shall enter into the consideration of any matters referred to him he shall in the presence of a Justice of u^pf™^(,'make the Peace make and subscribe the following declaration (that is to say) — a declaration for I A.B. do solemnly and sincerely declare that I will faithfully charge of duty. and honestly and to the best of my skill and ability hear and determine the matters referred to me under the provisions of the Bedhead Coal-mine Eailway Act Made and subscribed in the presence of A.B. (a) Qy.—as. 938 REDHEAD COAL-MINE COMPANY. 46 Victoria. And snch declaration shall be annexed to the award when made and if Penalty for any arbitrator or umpire having made such declaration shall wilf ully misconduct. ^^^ contrary thereto he shall be guilty of misdemeanour. Cost of arbitra- 27. All the costs of any such arbitration and incident thereto to be borne."^ " ^ Settled by the arbitrators shall be borne by the Company unless the arbitrators shall award the same or a less sum than shall have been offered by the Company in which case each party shall bear his own costs incident to the arbitration and the costs of the arbitrators shall be borne by the parties in equal proportions unless the amount awarded shall be one-fourth less than the amount in which case the whole costs shall be paid by the claimant Provided that if either party shall be dissatisfied with the costs allowed by the arbitrators as aforesaid the costs may be taxed by the Prothonotary or other proper officer of the Supreme Court and the amount allowed by such officer shall be the amount of costs to be paid. Award to be de- 28. The arbitrators shall deliver their award in writing to the Oom- Company. V^^J "^^^ shall retain the same and shall forthwith on demand at their own expense furnish a copy thereof to the other party and shaU at all times on demand produce the said award and allow the same to be inspected or examined by such party or any person appointed by him for that purpose and the amount awarded shall be paid within sixty days after the publication of such award. Submission may 29. The submissisn to any such arbitration may be made a rule of 0? Court. '^ ™ ^ the Supreme Court on the application of either of the parties. Award not void 30. No award made with respect to any question referred to arbi- fomu^'' ^"^°' '° tration under the provisions of this Act shall be set aside for irregu- larity or error in matter of form. Compensation 31. The Company shall make compensation and satisfaction to the permanenror °' ^^^'^ owners and occupiers (the amount of such compensation and recurring in- satisfaction to be ascertained and recovered in case of difference in the manner hereby provided) for temporary permanent or recurring injury and all other damage loss costs charges and inconvenience which may in anywise be occasioned to the said owners or occupiers by the non- performance by the said Company of any of the matters and things hereby required to be performed by them or otherwise. Compensation to 32. In every case where the Company shall take temporary pos- porary occupa- session of lands by virtue of the powers hereby granted it shall be *"'°- incumbent on them within one month after their entry upon such lands upon being required so to do to pay to the occupier of the said lands the value of any crop or dressing that may be thereon as well as full com- pensation for any other damage of a temporary nature which he may sustain by reason of their so taking possession of their lands and they shall also from time to time during their occupation of the said lands pay half-yearly to such occupier or to the owner of the lands as the case may require a rent to be fixed by two Justices in case the parties differ and shall also within six months after the completion of the railway pay to such owner and occupier or deposit in the bank for the benefit of all parties interested as the case may require compensation of all permanent or other loss damage or injury that may have been sustained by them by reason of the exercise as regards the said lands of the powers hereby granted including the full value of aU clay stone gravel sand and other things taken from such lands. EEDHEAD COAL-MINE COMPANY. 939 33. For the purpose of regulating tte conduct of tlie officers and 46 Victoria. seryants of the Company and for providing for the due management of company may the affairs of the Company in all respects it shall be lawful for the "^''^ by-laws. Company subject to the provisions herein mentioned from time to time to make such by-laws and regulations as they shall think fit Provided that such by-laws be not repugnant to the laws of the Colony or to the provisions of this Act or to any resolution of any general meeting of shareholders and such by-laws shall be reduced into writing and shall have affixed thereto the common seal of the Company and a copy of such by-laws shall be given to every officer and servant of the Company affected thereby and such by-laws may specify a maximum and minimum penalty for any breach thereof such penalty to be proceeded for and recovered under the provisions of the Act eleventh and twelfth Victoria chapter forty-three Provided always that any by-laws of the said Company relating to penalties must be first approved of by the Attorney-G-eneral of the Colony for the time being. 34. The production of a printed or written copy of the by-laws of the Evidence o{ Company haviug the common seal of the Company affixed thereto shall ^' ^™' be sufficient evidence of such by-laws in all proceedings under the same. 35. Nothing in this Act shall be deemed to authorize the said Com- Lands belonging pany to take or enter upon any lands belonging to the Commissioner for Raiiways'not for Hallways or to alter or to interfere with the Great Northern Eail- *» be taken, way or any of the works thereof further or otherwise than is necessary for making the junction and inter-communication between the railways without the previous consent in wrriting in every instance of the Com- missioner for Railways. 36. The Commissioner shall from time to time erect such signals and Commissioner conveniences incident to the junction either upon his own lands or on Sanrappoint the lands of the Company and may from time to time appoint and watchmen and remove such watchmen switchmen and other persons as may be neces- ™^ ™™' sary for the prevention of danger to or interference with the traffic at or near the junction and in all cases at the expense of the Company. 37. The working and management of such signals and conveniences working of sig- wherever situate shall be under the exclusive regulation of the Com- "e^^ltions'S'^^' missioner for Eail ways. Commissioner. 38. Nothing herein contained shall alter repeal or otherwise affect |au^™Act oJ the G-overnment Eailway Act of 1858. isss not altered 39. In this Act the said "Justices" shall mean Justices of ^110°^^^^^*^.^^^^^ Peace in and for the territory of New South Wales and when any clause. matter shall be authorized or required to be done by two Justices the expression " two Justices " shall mean two Justices assembled and acting together in Petty Sessions and the word " owner " shall mean any person or corporation who under the provisions of this Act would be able to sell land to the Company. 40. This Act shall be deemed and taken to be a public Act and the short title, same whenever cited shall be sufficiently described as the " Eedhead Coal-mine Eailway Act of 1883." THE SCHEDULE HEEEINBEPOEE EEPEEEED TO. Commencing at the Eedhead Coal Company's pit in the parish of Kahiba county of Northumberland and passing through the land owned by G. Oatley E. Bull Dixon Little Alcook and others and Waratah Coal Company Dr. Mitchell (now E. C. Mere- weather) New Lambton Coal Company and joining the proposed Sydney and Waratah Railway line ninety-seven miles seventy -three chains from Sydney or about four miles from Newcastle. 940 REDFERN ESTATE TRUST. 11 VicioKiA. An Act to appoint John Alexander to be the Trustee of certain indentures of lease and release by way of settlement bearing date respectively the second and third days of August one thousand eight hundred and forty-two and for other purposes therein men- tioned. [2 October, 1847.] Preamble. \\l HEEEAS by indentures of lease and release by way of settle- T V ment bearing date respectively tlie second and third days of August one thousand eight hundred and forty-two and made between William Lachlan Macqiiarie Eedfern Esquire of the first part James Alexander Esquire and Sarah Alexander his wife of the second part and John Alexander of Sydney in the Colony aforesaid merchant and John Betts and David Wallace merchants of the third part all that parcel of land containing one hundred acres more or less situated in Sydney in the Colony aforesaid bounded on the north by a west line of thirty chains commencing at the south-west corner of the Surry Hill Earm on the west by a south line of thirty-four chains on the south by an east line of thirty chains and on the east by a north line of thirty- four chains passing through the swamp and which said parcel of land is known as the Eedfern Estate was together with other property con- veyed and assured unto and to the use of the said John Alexander John Betts and David Wallace their heirs and assigns upon and for the trusts ends intents and purposes and with under and subject to the powers provisoes agreements and declarations therein mentioned expressed and contained of and concerning the same And whereas by an indenture bearing date the twenty-second day of February one thousand eight hundred and forty -three indorsed on the said last hereinbefore in part recited indenture of the third day of August one thousand eight hundred and forty-two and made between the said John Alexander and David Wallace of the one part and the said John Betts of th© other part the said John Alexander and David Wallace did irrevocably disclaim unto the said John Betts all the lands and hereditaments granted and conveyed by the hereinbefore in part recited indentures of settlement to them in conjunction with the said John Betts together with the conveyance thereof respectively made as aforesaid by the same indentures of settlement and all the trusts powers and authorities whatsoever by the same indentures given to or vested in them the said John Alexander and David Wallace in conjunction with the said John Betts as aforesaid upon or over the same hereditaments And whereas portions of the said lands and hereditaments have been sold under the trusts of the said indentures of settlement And whereas the said John . Betts departed this life on the first day of September one thousand eight hundred and forty-six leaving an infant heir him surviving And whereas there now remains no trustee of the said indentures of settle- ment and no sufficient power in the said indentures of settlement to appoint a new trustee or trustees in the place of the said trustees and trustee who have so disclaimed and who has so died as aforesaid And whereas from the nature of the trusts of the said indentures of settle- ment no trustee can be appointed by the Supreme Court of the said EEDFEEN ESTATE TEUST. 941 Colony who could perform the trusts of the said indentures of settle- 11 Victoeia. ment And whereas it would be greatly for the benefit of the persons interested under the said indentures of settlement to have a trustee appointed to carry out the trusts of the said indentures of settlement and such persons are desirous that the said John Alexander should be reinstated in the said trust and be henceforth empowered to act therein in like manner as if he had not executed such disclaimer as aforesaid and the said John Alexander hath consented and agreed thereto Be it john Alexander therefore enacted by His Excellency the Grovernor of New South f°n^|'™d*here°'* "Wales with the advice of the Legislative Council thereof That the said ditaments to be John Alexander shall henceforth be a trustee of the said indentures of eMepUnl'suGh settlement and that the lands and hereditaments hereinbefore par- parts thereof as ticularly described (except such part or parts thereof as is or are sold ™ ^^° ^° ' under the trusts or powers contained in the said indentures of settle- ment) shall henceforth be vested in the said John Alexander his heirs and assigns upon the trusts and to and for the ends intents and pur- poses and with under and subject to the powers provisoes and declara- tions mentioned expressed and contained in and by the said indentures of settlement of the second and third days of August one thousand eight hundred and forty-two concerning the said hereditaments and that henceforth the said John Alexander shall be invested with and have the same trusts powers and authorities to all intents and purposes as if he had been originally appointed the sole trustee of the said indentures of settlement and had not disclaimed as aforesaid. 2. And be it further enacted That this Act shall be binding upon Thia Act to be the said "William Lachlan Macquarie Eedfern James Alexander and l "M."Red°em Sarah his wife and aU and every the child and chUdren of the bodies of Jj"nes Aiex- the said James Alexander and Sarah his wife now born or hereafter to andlheh- ™ ^ be born and the said John Alexander and every trustee of the said chUdren. indentures of settlement and every person and persons claiming or to claim by from under or in trust for them and each and every of them. 3. Provided nevertheless and be it further enacted That nothing in This Act not to this Act contained shall invest or be deemed or construed to invest the AiexMder"with said John Alexander his heirs or assigns or the trustees or trustee to '"'y i^'ger estate be appointed under and by virtue of this Act with any larger or other would have had estate in the said lands and hereditaments than the said John Betts '* "°*^ i'"™- would have had in the same if he were now living. 4. Provided always and be it enacted That nothing in this Act con- Not to affect tained shall be deemed to affect or apply to any right title or interest Majesty or If of Her Maiesty her heirs or successors or of any body or bodies ^"y^"*/. f p^/' ,.,. •'•', f ,1 /,T son but those tor politic or corporate or oi any other person or persons except the per- whose benefit sons at whose instance or for whose especial benefit this Act is passed p^^^^'^- or those claiming from or under him her or them. 5. And be it enacted That this Act shall come into operation so soon No* t" come as and not until the same shall have received the Eoyal assent and the u°ntii°Rojai'™ notification of such assent shall have been made in the New South ^^^"' uotiSed. Wales Grovernment Gazette. 6. And be it enacted That the production of the New South "Wales Publication in G-overnment Gazette containing or purporting to contain a copy of Gazett™o be this Act shall be admitted as prima facie evidence of this Act and the °''^}^^ ^ contents thereof by all Judges Justices and others. evidence. 942 REDMOND'S ESTATE. 42 VicTOBiA. An Act to authorize the sale mortgage and leasing of certain lands and hereditaments devised by the Will of Winifred Uedmond deceased and for other purposes therein mentioned. [27 Eebruary, 1879.] Preamble. "TTTHEEEAS Winifred Eedmond late of Sydney in tlie Colony of V T New South "Wales widow deceased was at the time of her death hereinafter mentioned seized and possessed of (amongst other lands) the lands and hereditaments in the several Schedules to this Act mentioned and described for an estate of inheritance in fee-simple free from incumbrances And whereas the said Winifred Eedmond duly signed and published her last will and testament dated the twen- tieth day of September one thousand eight hundred and fifty-nine and thereby after certain bequests and devises not material to be here set forth devised all other her real estate whatsoever and where- soever unto Sir Daniel Cooper John Larking Scarvell and Sarah Scarvell his wife their heirs and assigns to hold as to each of the respective portions of her real estate thereby appointed unto or for the benefit of her respective grandchildren and their issue in trust until the grandchild respectively entitled thereto or interested therein should attain his or her age of twenty-one years to apply the rents and profits of such portion of her estate in or towards his or her ■ maintenance and education respectively and when and so soon as each such grandchild should attain his or her age of twenty-one years then as to the portion of the estate of the said testatrix thereinafter appointed to him or her respectively to the use of such grandchild respectively if a male for the term of his natural life or if such grand- child should be a female in trust to pay or apply the rents and profits of the respective property for her respective separate use apart from any husband with whom she might at any time intermarry and so as not to be subject to his engagements or control And after the decease of such grandson or grand-daughter respectively to the use of his or her child or children or issue in such shares or proportions if more than one as he or she should by any deed or will respectively appoint And in default of such appointment to the use of such child or children or issue equally between them if more than one and their his or her respective heirs and assigns per stirpes and not per capita And in case of the death of any of the said grandchildren without leaving children or issue who should become entitled under the said will or under some appointment made pursuant thereto the share or shares which should lapse by such means should accure to and be equally divided among the other grandchildren and their respective children and issue in augmentation of the specific devises made to them respectively and should follow the same destination and the said tes- tatrix thereby devised and appointed under the trusts and provisions thereinbefore contained unto or for the benefit of her grandson Sydney Scarvell and his issue all the lands and hereditaments in the first Schedule to this Act mentioned and more particularly described Also after the decease of his father the said John Larking Scarvell and his mother the said Sarah Scarvell all the lands and hereditaments in EEDMOND'S ESTATE. 943 the second Schedule to this Act mentioned and more particularly 42 Victoria. described and also one-seyenth part of the lands and hereditaments in the third Schedule to this Act mentioned and more particularly described And the said testatrix thereby devised and appointed under the trusts and provisions aforesaid unto or for the benefit of her grandson George Scarvell and his issue all the lands and hereditaments in the fourth Schedule to this Act mentioned and more particularly described And also one-seventh part of the lands and hereditaments in the third Schedule to this Act mentioned and more particularly described And the said testatrix thereby devised and appointed under the trusts and provisions aforesaid unto or for the benefit of her grandson Edward Augustus Scarvell and his issue All the lands and hereditaments in the fifth Schedule to this Act mentioned and more particularly described and also one-seventh part of the said lands and hereditaments in the third Schedule to this Act mentioned and more particularly described And the said testatrix thereby devised and appointed under the trusts and provisions aforesaid unto or for the benefit of her grand-daughter Sarah Winifred Isabella Mary Scarvell and her issue all the lands and hereditaments in the sixth Schedule to this Act mentioned and more par- ticularly described and also one-seventh part of the said lands and here- ditaments in the third Schedule to this Act mentioned and more particu- larly described and the said testatrix thereby devised and appointed under the trusts and provisions aforesaid unto or for the benefit of her grand- daughter Elizabeth Mary Scarvell (therein called Elizabeth Scarvell) and her issue all the lands and hereditaments in the seventh Schedule to this Act mentioned and more particularly described and also one- seventh part of the said lands and hereditaments in the third Schedule to this Act mentioned and more particularly described And the said testatrix thereby devised and appointed under the trusts and provisions aforesaid unto or for the benefit of her grand-daughter Clare Eosalie Scarvell and her issue All the lands and hereditaments in the eighth Schedule to this Act mentioned and more particularly described and also one-seventh part of the said lands and hereditaments in the third Schedule to this Act mentioned and more particularly described And the said testatrix thereby devised and appointed under the trusts and provisions aforesaid unto or for the benefit of her grand-daughter Emily Redmond Scarvell and her issue All the lands and heredita- ments in the ninth Schedule to this Act mentioned and more particu- larly described and also one-seventh part of the said lands and hereditaments in the third Schedule to this Act mentioned and more particularly described And the said testatrix thereby directed that the land in the tenth Schedule to this Act mentioned and more particu- larly described should be divided into six equal portions and thereby devised one of such portions with and as an appurtenance to each house in Groulb urn- street thereinbefore devised (except the corner house) the division to be made by her executrix and executors whose decision should be finally binding And the said testatrix thereby directed that her executrix and executors should as soon as conveni- ently might be after her decease divide the land and hereditaments in the third Schedule to this Act mentioned and more particularly de- scribed into seven parts or portions of as nearly equal value as should be practicable and that each of her six grandchildren to whom one- seventh part or portion of the said last-mentioned lands and heredita- ments had been given by the said will should have one of the said parts or portions set apart for him or her or his or her issue the 944 EEDMOND'S ESTATE. 42 Victoria, ctoice of such part or portion being determined by the said grandsons and grand-daughters by lot And the said testatrix thereby directed that as to any real estate of which she might die possessed and whereof no trust or use was thereinbefore specifically declared the same should be held after the decease of the said Sarah Scarvell the daughter of the said testatrix for the benefit of the grandchildren of the said testatrix and their respectire issue in equal shares fer stirpes in aug- mentation of the respective provisions thereinbefore made for them respectively and subject to the like trusts and the said testatrix thereby appointed her daughter the said Sarah Scarvell Sir Daniel Cooper and the said John Larking Scarvell the trustees and executors and executrix of her said will And whereas the said testatrix died on the seventh day of May one thousand eight hundred and sixty-one without having in any way altered or revoked her said will and leaving her surviving the said Sydney Scarvell George Scarvell Edward Augus- tus Scarvell Sarah "Winifred Isabella Mary ScarveU Elizabeth Mary Scarvell Clare Eosalie Scarvell and Emily Eedmond ScarveU And whereas the said will was on the third day of June one thousand eight hundred and sixty-one duly proved in the Supreme Court of New South Wales by the said Sarah ScarveU leave being reserved to the said Sir Daniel Cooper the then only surviving executor to come in and prove And whereas the said John Larking Scarvell and Sarah Scarvell his wife have died and the said Sir Daniel Cooper has renounced the execu- torship and disclaimed the trusts of the said wUl and there are not at present any trustees of the said will And whereas the said Sydney Scarvell and Emily Eedmond Scarvell have since died unmarried and without issue And whereas the said Edward Augustus Scarvell intermarried with Annette Prances "Want on the twentieth day of Eebruary one thousand eight hundred and sixty-two and there has been issue of such marriage And whereas by an indenture of settlement made upon the marriage of the said Edward Augustus Scarvell and dated the twentieth day of Eebruary one thousand eight hundred and sixty-two the said Edward Augustus ScarveU granted and released his life interest in the lands and heredita- ments in the fifth Schedule to this Act mentioned and described to certain trustees therein named upon the trusts therein expressed and contained And whereas Houlton Harries Voss and James Grordon are the present trustees of the said indenture of settlement And whereas the said Elizabeth Mary Scarvell (now Elizabeth Mary Cape) intermarried with William Erederick Cape on the eleventh day of July one thousand eight hundred and sixty-three and there has been issue of such marriage And whereas the said Sarah Winifred Isabella Mary Scarvell (now Sarah Winifred Isabella Mary Cape hereinafter called Sarah Cape) intermarried with Alfred John Cape on the tenth day of June one thousand eight hundred and seventy-one and there has been issue of such marriage And whereas the said Greorge ScarveU intermarried with Mary Amelia Anne Stewart on the eighteenth day of March one thousand eight hundred and seventy-one and there has been issue of such marriage And whereas the said Greorge Scarvell died on the tenth day of May one thousand eight hundred and seventy-seven leaving two children him surviving And whereas all the children of the said Edward Augustus Scarvell Eliza- beth Mary Cape Sarah Cape and G-eorge Scarvell are infants under the age of twenty-one years And whereas the said Clara Eosalie ScarveU is still unmarried And whereas the said lands and hereditaments EEDMOND'S ESTATE. 945 mentioned and particularly described in the said third Schedule 42 Victokia, to this Act have never yet been divided as directed by the said will And whereas the said land and hereditaments mentioned and particu- larly described in the said tenth Schedule to this Act have not yet been divided as directed in and by the said will and it has been agreed between the said Sarah Cape and Elizabeth Mary Cape that the same shall be divided in the manner hereinafter enacted and provided in the second section of this Act And whereas the said will does not con- tain any power to sell or mortgage or demise the lands and heredita- ments thereby devised And whereas it is impossible without the assis- tance of Parliament to sell or mortgage the said lands and heredita- ments devised by the said will or to demise the same for a longer period, than the life of the respective persons who are entitled as tenants for life to the respective portions devised by the said will and the said lands and hereditaments in consequence of the absence of powers to sell mortgage or demise remain unimproved and the buildings thereon are becoming dilapidated and almost unproductive and of very small value And whereas it is expedient that powers to sell mortgage and lease the said lands and hereditaments should be conferred on the trustees hereinafter named for the benefit of the persons interested under the said will and that the proceeds of the sale of such of the said lands and hereditaments as shall from time to time be sold and th& rents and profits arising from the leases of such of the said lands and hereditaments as shall from time to time be leased should be held in. trust for and the moneys raised by mortgage of such of the said lands and hereditaments as shall from time to time be mortgaged should be applied towards the improvement of the property for the benefit of the persons respectively entitled under the will to the respective lands, and hereditaments so sold demised or mortgaged Be it therefore enac- ted 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. Erom and after the passing of this Act all the lands and here- Lands to be - _ . .,- » -. .»,„, ,, , , vested in trustees. ditaments devised by the will of "Wiuif red Eedmond deceased and men- j^^^^ i" tioned and described in the several Schedules to this Act as also all the lands and real estate of the said testatrix not specifically devised and passing under the last devise in the said will contained shall be and are hereby vested absolutely in Houlton Harries Voss of Sydney aforesaid Esquire and James Grordon of Toung in the Colony aforesaid solicitor their heirs and assigns upon the trusts and to and for the ends intents and purposes and with under and subject to the powers and provisions hereinafter expressed and contained concerning the same. 2. The lands and hereditaments mentioned and particularly described partition of cer- in the tenth Schedule to this Act shall be and the same are hereby ^f ected\o b divided in the manner following that is to say into the two parts or divided con- shares in the eleventh Schedule to this Act mentioned and particularly ^'"^■ described And the parcel of land mentioned and particularly described in the first part of the eleventh Schedule to this Act shall be an appur- tenance to and follow the same destination and be subject to the same trusts powers and provisions as the land and hereditaments mentioned and particularly described in the sixth Schedule to this Act And the parcel of land mentioned and particularly described in the second part of the eleventh Schedule to this Act shall be an appurtenance to and 3o 946 EEDMOND'S ESTATE. 42 Victoria. Trustees empow- ered to sell and convey. Power to g:ive credit to pur- chasers. Power to borrow money for buildings &c. follow the same destination and be subject to the same trusts powers and provisions as the land and hereditaments mentioned and particuT larly described in the seventh Schedule to this Act. 3. It shall be lawful for the said Houlton Harries Voss and James Gordon or any two trustees whether appointed by this Act or under the provisions for the a^jpointment of new trustees hereia contained (such persons being hereinafter designated the said trustees) to sell and absolutely dispose of all and singular the said lands and heredita- ments mentioned and particularly described in the said several Schedules to this Act or any of them or any part of the same lands and heredita- ments and also all or any part of the lands or real estate of the said "Winifred Eedmond deceased not specifically devised by but passing under the last devise in her said wiU contained either by public auction or private contract either in one or in more lot or lots and in such manner generally and upon and subject to such terms and conditions as the said trustees shall deem expedient with power to buy in the said lands and hereditaments or any of them or any part thereof at any sale by auction and to rescind or vary any contract for sale either on terms or gratuitously and to resell without being responsible for any loss occasioned thereby and upon any sale or sales to convey the land so sold to the purchaser or purchasers thereof his her or their heirs and assigns or as such purchaser or purchasers may direct freed and discharged from all trusts afiecting the same and the receipts ia writing of the said trustees for the purchase money of any lands and heredita- ments so sold shall be full and sufiloient discharges to any purchasers from the same and from being bound to see to the application of the same and from any liability for the loss non-application or misapplica- tion of the same or any part thereof. 4. It shall be lawful for the said trustees to allow any purchaser or purchasers credit for the payment of the whole or part of his her or their purchase money upon such terms as to interest or otherwise and generally as the said trustees may deem reasonable and expedient Provided that the land in respect of which such credit shall be given shall remain unconveyed or shall by a proper mortgage with full powers of entry and sale and other usual and proper provisions be made a security for the payment of the purchase money remaining unpaid Provided further that in the event of any such security being taken the vendors' lien for the said purchase money and every part thereof shall not be thereby affected or lost. 5. It shall be lawful for the said trustees from time to time for the purpose of raising any sum or sums of money which in their opinion it may be desirable to borrow for the purpose of erecting any buildings or repairing or rebuilding any existing buildings upon or otherwise im- proving any part or parts of the lands and hereditaments mentioned and described in the several Schedules to this Act or of the land and real estate not specifically devised by the said will but passing under the last devise therein to execute any mortgage or mortgages in fee or for any term or terms of years of such part or parts of the said lands and hereditaments with power of sale and all other usual powers provisions and covenants Provided that no person who shall advance money upon the security of any mortgage purporting to be made under the power hereby given shall be bound to inquire as to the advisability or propriety of the raising of such money or as to the application of such money when raised and advanced and the receipt of the said EEDMOND'S ESTATE. 947 trustees for tte moneys so advanced shall effectually discharge the 42 Victokia. person advancing the same from any liability in respect of the misap- plication or non-appKcation thereof. 6. It shall be lawful for the said trustees from time to time by deed Power to grant or vfriting to demise and lease all or any part of the said lands and '^^^^' hereditaments to any person or persons for any term of years not ex- ceeding twenty-one years to take effect in possession at the best yearly rent that can be reasonably obtained for the same without any fine premium or f oregift And also from time to time by deed to demise and lease any part of the said lands and hereditaments to any person or persons who shall covenant to improve the same by repairing any building or buildings now standing or which shall hereafter be standing on any part of the land thereby leased or by erecting and building any house or houses building or buildings on such land or any part thereof or by otherwise expending in improvement such moneys as shall be deemed by the said trustees adequate to the interest to be parted with but so that every lease under this last-mentioned power shall be for a term not exceeding fifty years to take effect in possession or within one year from the date thereof and shall be at such rent as the said trustees shall having regard to the terms and conditions of such lease think reasonable and proper so however that nothing be taken by way of fine premium or f oregift Provided that every indenture of lease made under the provisions of this section shall contain a covenant by the lessee to pay the rent thereby reserved and for insurance against fire of any building erected or to be erected on the land thereby de- mised and also a condition of re-entry on non-payment of rent within a time to be therein specified and so also that a counterpart of such lease be executed by the lessee Any lessee paying any rent reserved by any such lease to the said trustees shall not be bound to see to the application thereof and shall be free from any liability for the non- application or misapplication of the same or any part thereof. 7. The powers herein contained shall so far as regards the lands and consent neces- hereditaments mentioned and particularly described in the fifth Sche- ^'g|° '^^^^'^ dule to this Act be exercised during the lifetime of the said Edward Augustus Scarvell with the consent of the trustees or trustee for the time being of the said indenture of settlement of the twentieth day of February one thousand eight hundred and sixty-two And from and after the death of the said Edward Augustus Scarvell at the absolute discretion of the trustees for the time being of this Act. 8. The said trustees shall stand seized and possessed of the said lands Trusts of unsold and hereditaments or of such portion thereof as may from time to time ohMe^money.""^' remain unsold subject to any leases granted and to any other estates rights or interests created under the authority of this Act upon the trusts and subject to the provisions in the said will expressed and declared concerning the same respectively And from and after the sale of any portion of the said lands and hereditaments shall stand possessed of the moneys arising from such sale upon trust in the first place to pay all costs and expenses of and incidental to the procuring and passing this Act and also of all deeds instruments acts dealings and proceedings subsequently to the passing of this Act executed signed done or undertaken for the purpose of enabling the said trustees to carry out advantageously any sale hereby authorized And in the next place to pay and satisfy all costs and expenses incurred in and about the said sale And after such payment as aforesaid "Upon trust to 948 EEDMOND'S ESTATE. 42 Victoria, invest tlie net surplus of sucli moneys in any debentures or Govern- ment securities of any kind of any of the Colonies of New South "Wales Victoria or Queensland or upon freehold securities in the said Colony of New South "Wales or upon deposit at interest in any bank carrying on business in the said last-mentionad Colony with power from time to time and at any time to vary or transpose any such investment or security into or for any other investment or security of the kind hereby authorized. Trusts of invest- 9. The Said trustees shall stand possessed of such investments and ment rents &c. ggcurities and the net dividends income and annual produce arising therefrom and also of the net rents arising from and payable under any lease made under the authority of this Act upon such trusts and with and subject to such powers provisions and declarations as shall as nearly correspond with the uses trusts provisions and declarations in the said will expressed and contained concerning the said lands and hereditaments or any part or parts thereof respectively or such of them as shall be subsisting or capable of taking effect as the different nature and quality of the premises and the rules of law and equity will ^sermit Provided that it shall be lawful for the said trustees at any time or from time to time to apply the whole or any part of the rents and profits of any portion or portions of the said lands and hereditaments in and towards payment or in and towards providing a sinking fund for the payment of the principal and interest due or owing on the security of any mortgage or mortgages of such portion or portions executed under the power herein contained. Power to make 10. It shall be lawful for the said trustees to make and alter and concur in the making and altering of any roads streets or ways on and over any part or parts of the said lands and hereditam.ents And also to erect make and carry out and concur in the erecting making and carrying out of any walls sewers drains watercourses or other works which may in the discretion of the said trustees conduce to the better laying out improving or selling of the said lands and hereditaments or the convenience and enjoyment of those persons who shall have pur- chased or shall, purchase any part thereof The costs of any such works on the part of the said trustees or their proportion of any costs for such works and any costs and expenses of and incidental to the bringing of the said lands and hereditaments or any part thereof under the pro- visions of the Real Property Act (which they are hereby authorized to incur) may be deducted and retained by the said trustees in the same way as they are hereby authorized to deduct and retain the costs and expenses of and incidental to sales hereunder Eor any of the purposes of this section the said trustees may reserve and dedicate either absolutely or upon any conditions any part or parts of the said lands and hereditaments. Appointment of 11. If either of them the said Houlton Harries Voss and James new trustees. Q-ordon Or any trustee appointed as hereinafter provided shall die or go to reside out of the Colony of New South "Wales or shall desire to be discharged from or refuse or become unfit or incapable to act in the trusts in the said will and this Act declared before the same shall have been fully discharged and performed it shall be lawful for the said Edward Augustus Scarvell Sarah Cape Elizabeth Mary Cape and Clare Rosalie Scarvell or the survivors or survivor of them and after the death of such survivor for the surviving or continuing trustees or trustee for the time being (and for this purpose every refusing or EEDMOND'S ESTATE. 949 Tetiring trustee shall if willing to act in the execution of this power 42 Victokia. be deemed a continuing trustee) to appoint a new trustee or new trustees in the place of the trustees or trustee so dying or going to reside out of the Colony or desiring to be discharged or refusing or becoming unfit or incapable to act as aforesaid Provided that if the said Edward Augustus Scarrell Sarah Cape Elizabeth Mary Cape and Clare Eosalie Scarvell or the survivors of them shall be unable to agree in any such appointment of a new trustee or if after the death of the survivor of them there shall be no trustee capable of making such appointment then it shall be lawful for the Supreme Court in its Equitable Jurisdiction on the petition of any person beneficially entitled under the trusts hereinbefore mentioned to appoint any such new trustee Upon every such appointment as aforesaid so much' of the said lands and hereditaments as shall be unconveyed shall by virtue of such instrument or order and without any other assurance be vested in the new trustees or trustee either solely or jointly with the surviv- ing or continuing trustee as the case may be and every new trustee appointed as aforesaid shall have the same powers authorities and discretions in all respects as if he had been named in this Act in the place of either of them the said Houlton Harries Voss and James Grordon. 12. This Act may be cited as " Eedmond's Estate Act of 1879," Short title. SCHEDULES. THE FIRST SCHEDULE. All that allotment or parcel of land in the Colony of New South Wales con- taining by admeasurement fourteen perches situated in the town of Sydney parish of Saint Philip county of Cumberland allotment number one of section number eighty-two and bounded on the west by Harrington-street bearing south eight degrees fifteen minutes west one hundred and fifty-three links on the south by allotment number two bearing east seven degrees north fifty-seven and a half links on the east by allotment number eight bearing north eleven degrees east seventy- four links then north eight degrees thirty minutes east seventy-nine links and on the north by a line bearing west eight degrees thirty minutes south sixty-one and three-quarter links. THE SECOND SCHEDULE. AH that piece or parcel of land in the said Colony of New South Wales con- taining by admeasurement four hundred and seventy-three acres more or less being portion of John Stogdell's one hundred and forty acres grant and Andrew Thompson's two hundred and sixty acres grant commencing on the road leading from Windsor to Pitt Town at the intersection of the old Hawkesbury Road and bounded on the south-west side by the said last-mentioned road bearing south- easterly one hundred chains ten links thence on the south-east side by a line bearing easterly five hundred links to the western boundary of Nelson Common and by the said boundary bearing north-easterly ninety-nine chains ten links thence on the north-east side by a line bearing north seventy-five degrees west five chains thirteen links and a line westerly thirty-four chains twenty links and a line north fifty-two degrees thirty minutes west twenty-four chains ninety iinks to the road leading from Windsor to Pitt Town and thence on the north- west side by the said road bearing south fifty-six degrees forty-three minutes west ■eighteen chains ninety-four links and south forty-one degrees nine minutes west .■sixteen chains twenty-four links to the point of commencement aforesaid. THE THIRD SCHEDULE. All that piece of land in the said Colony of New South Wales situated at Peter- sham in the parish of Petersham and county of Cumberland containing by ad- measurement seven acres three roods and one perch be the same more or less commencing at the intersection of the Glebe Island Road with the Parramatta 950 EEDMOND'S ESTATE. 42 Victoria. Road and bounded on the east by the Glebe Island Road bearing northerly two thousand one hundred and thirty links on the north-west by a fenced line bearing south-westerly two hundred and twenty-four links to land belonging to the Roman Catholic Church on the west and north by that land bearing southerly four hundred and forty links and westerly two hundred and fifty links to land of Mr. Burnell again on the west by that land and a continued line bearing southerly one thou- sand five hundred and eighty-two links to the Parramatta Road aforesaid and on the south by that road bearing easterly three hundred and thirty-eight links to the point of commencement be the said dimensions all a little more or less. And also all that piece of land situated at Petersham aforesaid containing by admea- surement nine acres and sixteen perches be the same more or less commencing on the eastern side of the Glebe Island Road at the north-western corner of Pritchard and Yeoman's subdivision at a point bearing northerly and distant one thousand five hundred and fifty links from its intersection with the Parramatta Road and bounded on the west by the Glebe Island Road bearing northerly six hundred and thirty-two links on the north-west by a fenced line bearing north-easterly one thousand two hundred and forty links to the Annandale Estate on the east by part of that estate being fenced lines bearing southerly about one thousand and fifty links to Pritchard and Yeoman's subdivision aforesaid and on the south by that subdivision bearing westerly one thousand and eighty-five links to the point of commencement be the said dimensions all a little more or less. THE FOURTH SCHEDULE. All that piece or parcel of land in the said Colony of New South Wales con- taining by admeasurement sixty -two acres three roods more or less being a grant of thirty acres to Giles Mower and part of John Stogdell's one hundred and forty acres grant commencing on the South Creek at the north comer of the said Giles Mower's grant as fenced and bounded on the north-east side by a, line bearing south-easterly thirty-five chains sixteen links to the road leading from Pitt Town to Windsor thence on the south-east side by the said road bearing south fifty-seven degrees west seven chains eighty-nine links and south forty-one degrees thirty minutes west thirteen chains eighty-one links thence on the south-west side by a line bearing north-westerly thirty-one chains fifty links to the South Creek and thence on the north-west side by the said creek northerly to the point of com-' mencement aforesaid. THE FIFTH SCHEDULE. All that piece of land situated in the said Colony of New South Wales city of Sydney parish of St. Lawrence and county of Cumberland commencing at the intersection of George and Goulburn streets and bounded on the east by George- street bearing northerly seventy-nine feet to the property of the late Sydne^ Scarvell on the north by that property and the property of Elizabeth Mary Cape bearing westerly one hundred and sixteen feet on the west by a line bearing southerly forty-six feet on the south by a line bearing easterly thirteen feet four inches again on the west by a line bearing southerly thirty-three feet to Goulbum- street aforesaid and again on the south by that street bearing easterly ninety-six feet nine inches to the point of commencement. THE SIXTH SCHEDULEr All that piece of land situated in the Colony of New South Wales city of Sydney parish of St. Lawrence and county of Cumberland commencing on the northern side of Goulburn-street at the south-western corner of Elizabeth Mary Cape's property and bounded on the east by that property bearing northerly twenty-nine feet six inches on the north by a line bearing westerly sixty-five feet to the property of Clare Rosalie Scarvell on the west by that property bearing southerly twenty-eight feet six inche."! to Goulburn-street aforesaid and on the south by that street bearing easterly sixty-six feet to the point of commencement. THE SEVENTH SCHEDULE. All that piece of land situated in the Colony of New South Wales city of Sydney parish of St. Lawrence and county of Cumberland commencing on the northern side of Goulburn-street at the south-western corner of Edivard Augustus Scarvell's property and bounded on the east by that property bearing northerly twenty- four feet nine inches on the north by a line bearing westerly twenty-nine feet on the east by a line bearing northerly three feet again on the north by a line EEDMOND'S ESTATE. 961 bearing westerly twenty-six feet to the property of Sarah Cape on ,the west by 42 Victoria. that property bearing southerly twenty-seven feet six inches to Goulburn-street aforesaid on the south by that street bearing easterly twenty-six feet six inches again on the east by a line bearing northerly nine inches and on the south again by Goulburn-street bearing easterly twenty-eight feet to the point of commence- ment. THE EIGHTH SCHEDULE. All that piece of land situated in the Colony of New South Wales city of Sydney parish of Saint Lawrence and county of Cumberland commencing at the intersection of Sussex and Goulburu streets and bounded on the south-west by a line bearing north-westerly forty-one feet four inches to the property of the late Emily Kedmond Scarvell on the north-west by part of that property bearing north-easterly twenty-four feet six inches again on the south-west by a line bearing north-westerly one foot six inches on the north by lines bearing easterly seventeen feet six inches on the east by a line bearing southerly forty-eight feet six inches to Goulburn-street aforesaid and on the south by that street bearing westerly thirty-one feet three inches to the point of commencement. THE NINTH SCHEDULE. All that piece of land situated in the Colony of New South Wales city of Sydney parish of Saint Lawrence and county of Cumberland commencing on the north- eastern side of Sussex-street at a point bearing south-easterly and distant forty- six feet from its intersection with Walton-lane and bounded on the south-west by Sussex-street bearing south-easterly thirty-eight feet on the south-east by the property of Clare Rosalie Scarvell bearing north-easterly twenty-eight feet six inches on the north-east by a line bearing north-westerly one foot six inches on the south by lines bearing easterly seventeen feet six inches on the east by a line bearing northerly thirty-two feet six inches on the north by lines bearing westerly twenty-nine feet ten inches and on the north-west by a line bearing south- westerly twenty-six feet two inches to the point of commencement And also all that piece of land situated in the said Colony of New South Wales containing by admeasurement two acres three roods and eight perches more or less being part of John Stogdell's one hundred and forty acres grant commencing at the north comer of the grant as fenced and bounded on the north-west side by a line bearing south twenty degrees thirty minutes west nine hundred and seventy-nine links to the road leading from Windsor to Pitt Town thence on the south-east side by the said road bearing north fifty-five degrees fifty-seven minutes east nine hundred and ninety-eight links and thence on the north-east side by a line bearing north- westerly six hundred and two links to the point of commencement aforesaid. THE TENTH SCHEDULE. All that, piece of land situated in the Colony of New South Wales city of Sydney parish of Saint Lawrence and county of Cumberland commenc- ing at the north-eastern corner of Emily Kedmond Scarvell's property of six and a quarter perches and bounded on the west by that property and part of Clare Rosalie Scarvell's property bearing southerly fifty-two feet six inches to the property of Sarah Cape on the south by that property bearing easterly sixty-five feet again on the west by a line bearing southerly two feet to the property of Elizabeth Mary Cape again on the south by part of that property bearing easterly twenty-six feet again on the west by a line bearing southerly three feet again on the south by a line bearing easterly twenty-nine feet to the pro- perty of Edward Augustus Scarvell on the east by that property bearing northerly eight feet three inches on the north by that property bearing westerly thirteen feet four inches again on the east by that property bearing northerly forty-four feet nine inches to other property of Elizabeth Mary Cape again on the north by that property and other property of Sarah Cape bearing westerly sixteen feet again on the east by a line bearing northerly one foot six inches and again on the north by a line bearing westerly ninety feet to the point of commencement. THE ELEVENTH SCHEDULE. First Part— All that piece of land situated in the Colony of New South Wales city of Sydney parish of Saint Lawrence and county of Cumberland Commencing at the north-eastern corner of the late Emily Redmond Scarvell's property of six and one- quarter perches and bounded on the west by that property and part of Clare Rosalie Scarvell's property bearing southerly fifty-two feet six inches to Sarah 952 EOG-EES' SETTLEMENT. 42 ViCTOEiA. Cape's property on the south by part of that property bearing easterly fifty-five feet on the east by a line bearing northerly fifty -one feet eight inches to other pro- perty of Clare Kosalie Soarvell and on the north by that property and a continued line bearing westerly fifty-five feet to the point of commencement, Second Part — All that piece of land situated in the Colony of New South Wales city of Sydney parish of Saint Lawrence and county of Cumberland Commencing at the north-eastern corner of Sarah Cape's property of ten and one-half perches and bounded on the west by that property bearing southerly fifty-one feet eight inches to Sarah Cape's property of six and three-quarter perches on the south by that property bearing easterly ten feet again on the west by a line bearing southerly two feet to property of Elizabeth Mary Cape on the south-west and again on the south by that property being lines bearing easterly twenty- six feet southerly three feet and again easterly twenty-nine feet to the property of Edward Augustus Scarvell on the east north and again on the east by that property being lines bearing northerly eight feet three inches westerly thirteen feet four inches and northerly forty-four feet nine inches to the property of Elizabeth Mary Cape on the north by that property and other property of Sarah Cape bearing westerly sixteen feet on the east by a line bearing northerly one foot six inches and again on the north by a line bearing westerly thirty-five feet to the point of commencement be the said dimensions all a little more or less, Preamble. ROGEES' SETTLEMENT. 28 VicTOKiA. An Act to enable the Trustees of a Settlement made by George John Rogers of a messuage and lands known as Craigend situate in the city of Sydney to sell the said messuage and lands and to make provision for the investment of the proceeds of the sale thereof. [26 May, 1865.] WHEREAS by an indenture bearing date the twenty-sixth day of April in the year one thousand eight hundred and forty-four and made between George John Rogers of the one part and Richard "Windeyer and Robert Russell therein styled trustees of the other part after reciting as therein is recited the said Greorge John Rogers did grant bargain sell release and confirm unto the said Richard Windeyer and Robert Russell and their heirs certain lands hereditaments and premises with the messuage thereon situate in the parish of Alexandria in the city of Sydney in the Colony of New South Wales known as Craigend and more particularly described in the said indenture to hold the same unto the said trustees their heirs and assigns upon certain trusts in the said indenture expressed and declared for the benefit of the said George John Rogers and Martha Rogers his wife during then- respective lives and upon the decease of the survivor of them the said George John Rogers and Martha Rogers upon trust that the said trustees and the survivor of them their and his heirs or assigns should sell dispose of and conyey by way of absolute sale all or any part of the said lands and hereditaments and the inheritance in fee-simple for such price or prices as they or he should think fit and to execute all necessary conveyances and assurances for that purpose and apply the purchase moneys as in the said indenture is expressed and whereas the said Richard Windeyer died in or about the month of December one thousand eight hundred and forty-seven and whereas by indenture dated the thirteenth day of March one thousand eight hundred and forty-eight made between the said Robert Russell of the first part the EOGEES' SETTLEMENT. 953 said George Jolm Eogers of the second part and Charles Blaxland and 28 Victoria, William Russell of the third part after reciting the death of the said Richard Windeyer and that the said Eohert Eussell was desirous of being discharged from the trusts reposed in him by the said settlement the said George John Rogers did nominate and appoint the said Charles Blaxland and William Russell to be trustees in the room and stead of the said Richard Windeyer and Robert Russell under the said settle- ment and by the last-mentioned indenture the said messuage lands hereditaments and premises with the appurtenances were conveyed and assured and vested in the said Charles Blaxland and William Russell their heirs and assigns upon the trusts expressed in the said settlement concerning the same and whereas the said George John Rogers died on or about the sixteenth day of January one thousand eight hundred and sixty-three leaving the said Martha Rogers and seven children of their marriage him surviving and whereas the said settlement contains no power or authority for the sale of the said messuage lands or hereditaments during the life of the said Martha Rogers and whereas it is considered that it would be advantageous to authorize the trustees under the said settlement to effect an immediate sale of the said messuage and lands and invest the proceeds of sale thereof in the purchase of other lands in New South Wales or upon real or Government security therein and whereas the said Martha Rogers is desirous that the said messuage and lands should be sold and the proceeds thereof invested as aforesaid Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and con- sent of 'the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows : — ■ 1. It shall be lawful for the said Charles Blaxland and William Lands may be Russell as such trustees as aforesaid or the trustee or trustees for the TCyedlo pu"- time being of the said settlement to sell the messuage or dwelling- chasers dis- house lands and hereditaments comprised or described in the said trustefof Sttie-^ indenture of settlement either by public auction or by private contract t"™*' and either in one or more parcels or allotments and with such rights- of-way in and over such lands or any portion thereof as they or he shall deem expedient and for such price or prices as can be reasonably obtained for the same and when sold to convey the same or any part or parts thereof to the purchaser or purchasers his her or their heirs and assigns or to such uses and in such manner as such purchaser or purchasers may direct or require and thereupon the said messuage lands and hereditaments or such part thereof as shall be so conveyed by the said Charles Blaxland and William Russell or the trustees or trustee for the time being of the said settlement and the legal estate therein shall vest absolutely in the person or persons to whom the same shall be so conveyed his her or their heirs and assigns or go and remain to such uses and in such manner as aforesaid freed and dis- charged from the trusts created by the said indentures and each of them. 2. It shall be lawful for the said Charles Blaxland and William credit may be Russell or the trustee or trustees for the time being of the said settle- f^^l^f^f' ment to allow to any purchaser or purchasers of the said messuage payment of and lands or any part or parts thereof credit for any number of years Purchase money, not exceeding ten years for payment of a part of his her or their purchase money upon such terms as to interest and otherwise as may S54 EOGEES' ESTATE. 28 Victoria. Proceeds of sales to be invested in Government or real securities or in the purchase of other lands to be held upon the trusts of settle- ment. by the said Charles Blaxland and "William E-ussell or the trustee or trustees for the time being of the said settlement be deemed reason- able and proper Provided that the land shall remain unconveyed or be otherwise rendered a security by mortgage for so much of the pur- chase money thereof as shall remain unpaid together with the interest thereon until the same shall have been paid. 3. The said Charles Blaxland and William Russell or the trustee or trustees for the time being of the said settlement at their or his discre- tion shall invest the moneys or any part or parts thereof arising from such sale or sales or belonging to the trusts of the said settlement either at interest upon real securities or debentures or treasury bills of the Government of New South "Wales or upon purchase of other lands and hereditaments in New South Wales as the said Charles Blaxland and William Russell or the trustep or trustees for the time being of the said settlement shall think fit and either or any of such modes of investment shall be deemed and construed to be equally in accordance with the intent and meaning of the said settlement and shall be sub- ject to the trusts of the said settlement so far as such trust shall be applicable thereto and then capable of taking effect. Preamble. ROGERS' ESTATE. 38 VicTOBiA. An Act to enable and authorize Martha Rogers or other the Trustee or Trustees for the time being of the will of the late George John Rogers to sell a parcel of land situate at Craigend in the city of Sydney and to make provision for the investment of the proceeds of the sale thereof. [18 May, 1876.] WHEREAS G-eorge John Rogers late of Sydney in the Colony of New South Wales solicitor now deceased being seized in fee of the parcel of land described in the Schedule hereto made and executed his last will and testament in writing and thereby devised all his real property unto the said Martha Rogers as therein mentioned with remainder to all the children of the said George John Rogers by the said Martha Rogers And whereas the said George John Rogers died on or about the sixteenth day of January one thousand eight hundred and sixty-three leaving the said Martha Rogers and seven children of their marriage him surviving And whereas the said will contains no power or authority for the sale of the said land during the life of the said Martha Rogers And whereas it is considered expedient to authorize an immediate sale of the said land and to invest the proceeds of sale thereof upon real or Government security of New South Wales 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. It shall be lawful for the said Martha Rogers or the trustee or trustees for the time being of the said will either personally or by her or their attorney or agent acting under a power of attorney to sell the land and hereditaments described in the Schedule to this Act either by Land may be sold and con- veyed. EOGEES' ESTATE. 955 public auction or "by private contract and either in one or more parcels 38 Viotoria. or allotments and witt such rights-of-way in and over such land or any portion thereof as she he or they shall deem expedient and for such price or prices as can he reasonably obtained for the same and when sold to convey the same or any part or parts thereof to the purchaser or purchasers his her or their heirs and assigns and thereupon the said land or such part thereof as shall be so conveyed by the said Martha Rogers or the trustee or trustees for the time being of the said will and the legal estate therein shall vest absolutely in the person or persons to whom the same shall be so conveyed his her or their heirs and assigns. 2. It shall be lawful for the said Martha Rogers or the trustee or credit may be trustees for the time being of the said will to allow to any purchaser |}ent orpart'of or purchasers of the said land or any part or parts thereof credit for purchase money, any number of years not exceeding five years for a payment of a part of his her or their purchase money upon such terms as to interest and otherwise as may by the said Martha Rogers or the trustee or trustees for the time being of the said will be deemed reasonable and proper Provided that the land shall be rendered a security by mortgage for so much of the purchase money thereof as shall remain unpaid together with the interest thereon until the same shall have been paid and the receipts of the said Martha Rogers or of the trustee or trustees for the time being of the said will or of her or their attorney or agent appointed as aforesaid shall be a sufficient discharge to the purchaser or purchasers of the said land or any part or parts thereof for the purchase money therein expressed to be received and shall exonerate him or them from seeing to the application or investment thereof. 3. The said Martha Rogers or the trustee or trustees for the time Proceeds of sales being of the said will shall invest the moneys or any part or parts ^ 'J* mvested m thereof arising from such sale or sales either at interest upon real real securities, securities in New South Wales or upon debentures or Treasury Bills or other securities of the Government of New South Wales as the said Martha Rogers or the trustee or trustees for the time being of the said will shall think fit and the proceeds shall be applied and paid in pur- suance of the terms of the said will. SCHEDULE. All that piece or parcel of land situate lying and being in the county of Cumber- land and parish of Alexandria in the Colony of New South Wales being lots fifty- seven fifty-eight fifty-nine sixty sixty-one sixty-two sixty-three sixty-four sixty- five sixty-six sixty-seven sixty-eight sixty-nine seventy-five seventy-six seventy- seven and seventy-eight of the Craigend Estate containing three roods and thirty- three perches more or less Commencing in Surry-street at the south-west boun- dary of the Craigend Estate and bounded on the south-east by Surry-street being lines bearing north-easterly two hundred and eighty-eight feet and one hundred and eighty feet to Macleay-street on the north-east by Macleay-street being a line bearing north-westerly sixty-seven feet and thence on the east by that street being a line bearing northerly one hundred and eight feet on the north by a line parallel to William-street and distant ninety-nine feet therefrom bearing westerly eighty- three feet six inches on the west by a line bearing southerly until it meets a line parallel to Surry-street and distant fifty-five feet therefrom on the north-west by the said line parallel to Surry-street and distant fifty-five feet therefrom bearing south-westerly to the south-west boundary of the Craigend Estate and on the south- west by that boundary being a line bearing south-easterly fifty-five feet to Surry- street at the point of commencement. 956 EOGEES' ESTATE. 45 VicioEiA, An Act to enable and authorize Martha Rogers or other the Trustee or Trustees for the time being of the will of the late George John Rogers to sell and lease the lands hereditaments and premises which are subject to the trusts of the said will and to make provision for the investment of the proceeds of the sale thereof and for other purposes. [6 December, 1881.] Preamble. \17 HEEEAS Greorge John Eogers late of Sydney in the Colony o£ T T New South Wales solicitor deceased duly made and executed Ms last will and testament dated the fifth day of January one thousand eight hundred and fifty-four and thereby after a certain specific bequest to his son James Dowling Eogers not in any way affecting his real estate gave all the remainder of his personal property and also his real pro- perty over which he might have a disposing power unto his wife the said Martha Eogers for her life trusting to her discretion in the manage- ment thereof so that from the interest and proceeds she would maintain and educate herself and his children then already born or thereafter to be born of her according to their station with liberty for her if she should think proper for the advancement in life or upon the marriage of any such children to anticipate and pay any part of the portion of the property to which any such child might become entitled under his will and by his said will the said testator directed that after the decease of his said wife the whole of his property real and personal should be divided amongst his said children by the said Martha Eogers share and share alike with benefit of survivorship each child's share to vest in such child as and when he or she should attain the age of twenty- one or on the day of marriage with the consent of mother or guardian a deduction being made from those whose portions had been already anticipated as aforesaid and he thereby appointed his said wife the said Martha Eogers to be executrix of his will and guardian of his children during minority And whereas the said G-eorge John Eogers duly made and executed a codicil to his said will which codicil is dated the four- teenth day of July one thousand eight hundred and fifty -seven whereby he revoked the said bequest to his said son James Dowling Eogers but in all other respects confirmed his said will And whereas the said G-eorge John Eogers died on or about the sixteenth day of January one thousand eight hundred and sixty-three without having altered or revoked his said will and codicil leaving the said Martha Eogers his widow and seven children of their marriage him surviving And whereas the said will and codicil were duly proved in the Supreme Court of New South "Wales on or about the twenty-seventh day of February one thousand eight hundred and sixty-four by the said Martha Eogers And whereas the said G-eorge John Eogers was at the time of his death seized of various lands and hereditaments in the Colony of New South "Wales for an estate in fee-simple And whereas an undivided moiety or equal half part of and in the lands and here- ditaments mentioned and described in the Schedule to this Act is now vested in the said Martha Eogers in fee-simple upon the trusts and for the ends intents and purposes of and declared by the will of the said George John Eogers And whereas the said will of the said George EOGEES' ESTATE. 957 Jolin Eogers does not give the said Martha Eogers or any other 45 Victoria. person during the lifetime of the said Martha Rogers any power to sell or to demise the lands and hereditaments subject to the trusts of the said will And whereas it is impossible without the authority of an Act of Parliament to sell the said lands and hereditaments or to demise the same for a longer period than the life of the said Martha Rogers and in consequence of such impossibility the said lands and hereditaments are and remain unproductive of income And whereas it is expedient to authorize an immediate sale or leasing of the said lands and hereditaments now subject to the trusts of the said will and to provide for the investment of the proceeds of such sale or leasing in manner hereinafter appearing 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. It shall be lawful for the said Martha Rogers or other the Power to make trustee or trustees for the time being of the said will either personally P=-i'''t'°n- or by her his or their attorney or agent acting under a power of attorney to join in any deed or deeds for the purpose of effecting or obtaining a partition of the lands hereditaments and premises mentioned and described in the Schedule to this Act and for the like purpose to take or join with any person or persons in taking all necessary proceedings in any Court or Courts of law equity or other jurisdiction in the Colony of 'New South Wales and either as plaintiff or defendant in such proceedings. 2. It shall be lawful for the said Martha Rogers or other the trustee Land may be or trustees for the time being of the said will either personally or by sold or conveyed. her his or their attorney or agent authorized as aforesaid and either before or after the partition of the lands and hereditaments mentioned and described in the Schedule to this Act to sell or dispose of or join and concur with any other person or persons in selling and disposing of all or any part of the lands and hereditaments which now are or at any time hereafter may be subject to the trusts of the said will including the undivided moiety or half -part of the lands and heredita- ments mentioned and described in the Schedule to this Act (all which lands and hereditaments including such undivided moiety or half -part are hereinafter designated as the said trust property) either by public auction or private contract in one or in more lot or lots and in such manner generally and upon and subject to such terms and conditions as she he or they shall deem expedient and for such price or prices as can be reasonably obtained for the same with power to buy in the said trust property or any part thereof at any sale by auction and to vary or rescind any contract for sale either on terms or gratuitously and to resell without being responsible for any loss occasioned thereby and upon any sale or sales to convey or join and concur with any other person or persons in conveying the land so sold to the purchaser or purchasers thereof his her or their heirs and assigns or as such pur- chaser or purchasers may direct and thereupon the said trust property or such part thereof as shall be conveyed, by the said Martha Rogers or other the trustee or trustees for the time being of the said will either personally or by her or their attorney or agent authorized as aforesaid and the legal estate therein shall vest absolutely in the person or persons to whom the same shall be so conveyed her his or their heirs and assigns in fee-simple freed and discharged from all trusts affecting 958 EOGEES' ESTATE. 45 Victoria, the same except sucli trusts as may be created and limited by such conveyance to such purchaser or purchasers and the receipts in writing of the said Martha Eogers or other the trustee or trustees for the time being of the said will or her his or their attorney or agent authorized as aforesaid for the purchase or other moneys of the said trust property so sold shall be full and sufficient discharges to any purchaser from the same and from being bound to see to the application of the same and from any liability for any loss non-application or misapplication of the same or any part thereof. credtt to ^ur- ^' ■'■* ®^^^^ ^® lawful for the said Martha Eogers or other the trustee chasera. or trustees for the time being of the said will on any such sale or sales as aforesaid to allow any purchaser or purchasers credit for the pay- ment of the whole or part of his her or their purchase money upon such terms as to interest or otherwise and generally as the said Martha Eogers or other the trustee or trustees of the said will deem reason- able and expedient Provided that the land in respect of which such credit shall be given shall remain unconveyed or shall by a proper mortgage with powers of entry and sale and other usual and proper provisions be made a security for the payment of the purchase money remaining unpaid with any interest thereon Provided further that in the event of any such security being taken the vendor's lien for the said purchase money and every part thereof shall not be thereby affected or lost. Power to grant 4. It shall be lawful for the said Martha Eogers or other the trustee eases. ^^ trustees for the time being of the said will either personally or by her his or their attorney or agent duly constituted as aforesaid from time to time by deed or writing to demise and lease or join and concur with any other person or persons in demising and leasing all or any part of the said trust property to any person or persons for any term of years not exceeding twenty-one years to take effect in possession at the best yearly rent that can reasonably be obtained for the same with- out any fine premium or f oregif t And also from time to time by deed or writing to demise and lease or join and concur with any other person or persons in demising and leasing to any person or persons who shall covenant to improve the same by repairing any building or build- ings now standing or which shall hereafter be standing on any part of the land thereby leased or by erecting and building any house or houses building or buildings on such land or any part thereof or by otherwise expending in improvements such moneys as shall be deemed by the said Martha Eogers or other the trustee or trustees for the time being of the said will adequate to the interest to be parted with but so that every lease under this last-mentioned power shall be for a term not exceeding fifty years to take effect in possession or within one year from the date thereof and shall be at such rent as the said Martha Eogers or other the trustee or trustees for the time being of the said will shall having regard to the terms and conditions of such lease think reasonable and proper so however that nothing be taken by way of fine premium or foregift Provided that every indenture of lease made under the provisions of this section shall contain a covenant by the lessee to pay the rent thereby reserved and for insurance against fire of any building erected or to be erected on the land thereby demised and also a condition of re-entry on non-payment of rent within a time to be therein specified and also that a counterpart of such lease be executed by the lessee Any lessee paying any rent reserved by any such lease EO&EES' ESTATE. 959 to the said Martha Eogers or other the trustee or trustee for the time 45 Victoria. being of the said will or their attorney or agent authorized as aforesaid shall not be bound to see to the application thereof and shall be free from any liability for the non-payment or misapplication of the same or any part thereof. 5. The said Martha Eogers or other the trustee or trustees for the Trusts of the time being of the said will shall stand seized and possessed of the said pmchlae monly. trust property or for such portions thereof as may from time to time remain unsold subject to any leases granted and to any other estates rights or interest created under the authority of this Act upon the trusts and subject to the provisions in the said will expressed and declared concerning the same respectively And from and after the sale of any portion of the said trust property shall stand possessed of the moneys arising from such sale upon trust in the first place to pay all Costs and expenses of and incidental to the procuring and passing of this Act and also of all deeds instruments acts dealings and pro- ceedings subsequently to the passing of this Act executed signed done or undertaken for the purposes of enabling the said Martha Eogers or others the trustee or trustees for the time being of the said will to carry out advantageously any sale hereby authorized And in the next place to pay and satisfy all costs charges and expenses incurred in and about the said sale And after such payment as aforesaid upon trust to invest the whole or the balance of such net surplus as aforesaid in any debentures or other Grovernment securities of any kind of the Colony of Wew South Wales or upon freehold securities in the said Colony with power from time to time and at any time to vary or trans- pose any such investment or security into or for any other investment or security of the kind hereby authorized. 6. The said Martha Eogers or other the trustee or trustees for the Trusts of invest- time being of the said will shall stand possessed of such investments "'^°* ''™*^ *'^- and securities and the income and annual produce arising therefrom and also of the net rents arising from and payable under any lease made under the authority of this Act upon the same trusts and with and subject to the same powers provisions and declarations as are in the said will expressed and contained concerning the trust property thereby devised. 7. The said Martha Eogers or other the trustees or trustees for the Power to bring time being of the said will either personally or by her his or their R°(Jprop|rty'"^ attorney or agent authorized as aforesaid may at any time and from Act. time to time make execute sign take and do or join with any other person or persons in making executing signing taking and doing all applications deeds instruments matters and things necessary or expe- dient for the purpose of bringing under the provisions of the Eeal Property Act the said trust property (including therein the land and hereditaments described or comprised in the said Schedule to this Act) or any part or parts of any such trust property and may deduct and retain out of the trust funds in her his or their hands the costs and expenses of and incidental thereto. 8. It shall be lawful for the said Martha Eogers or other the power to make trustee or trustees for the time being of the said will either personally roads. or by her his or their attorney or agent authorized as aforesaid to make or concur in the making of any roads streets or ways on and over any part or parts of the said trust property And also to erect make and 960 EO&EES' ESTATE. 45 VicTOEiA. carry out and concur in tlie erecting making and carrying out of any walls sewers drains watercourses or other works which may in the discretion of the said Martha Rogers or other the trustee or trustees of the said will conduce to the better laying out improving or selling of the said trust property or the convenience and enjoyment of those persons who shall have purchased or shall purchase any part thereof The cost of any such works on the part of the said Martha Eogers or other the trustee or trustees for the time being of the said will or her or their proportions of any costs for such works may be deducted and retained by her him or them in the same way as she he or they is or are hereby authorized to deduct and retain the costs and expenses of and incidental to sales hereunder And for any of the purposes of this section the said Martha Eogers or other the trustee or trustees for the time being of the said will may reserve and dedicate either absolutely or upon any conditions any part or parts of the said trust property. 9. This Act may be cited as " Eogers's Estate Act of 1881." Short title. SCHEDULE BEFOEE EEFEEEED TO. All that piece or parcel of land containing one hundred acres situated in the county of Cumberland parish of Saint George in the Colony of New South Wales being number three of the Cook's River allotments bounded on the east by the western boundary of number four allotment bearing south forty-eight chains from Cook's River to the northern boundary of number seven allotment on the south by parts of the northern boundary of number seven allotment and Peek's fifty acres being a line bearing west twenty chains on the west by the eastern boundary of number two allotment bearing north fifty-three chains to Cook's Eiver and on the north by Cook's River to the western boundary of number four allotment being the land sold as lot thirty -nine in pursuance of the advertisement of the thirtieth day of March one thousand eight hundred and thirty-five. Also all that piece or parcel of land containing one hundredacres situate in the parish aforesaid being number four of the Cook's River allotments bounded on the east by the western boundary of George Tyrrell's sixty acres bearing south eight chains commencing at Cook's River on the north by part of the southern boundary of George Tyrrell's sixty acres bearing west eight chains and again on the east by the western boundary of number five allotment bearing south forty-three chains to the northern boundary of number six allotment on the south by parts of the northern, boundaries of number six and seven allotments being a line bearing west twenty- three chains on the west by the eastern boundary of number three allotment bearing north forty-eight chains to Cook's Eiver again on the north by Cook's Eiver to the western boundary of George Tyrrell's sixty acres reserving the present roads being the land sold as lot forty in pursuance of advertisement of the thirtieth day of March one thousand eight hundred and thirty-five. Also all that piece or parcel of land containing one hundred acres situate In the parish aforesaid ))eing number five of the Cook's Eiver allotments bounded on the east by Cook's Eiver from the eastern extremity of the southern boundary-line of George Tyrrell's sixty acres to the creek forming the north-western boundary of Patrick Moore's fifty acres on the south-east by that creek on the north-east by the south-western boundary of Patrick Moore's fifty acres bearing south thirty degrees east twenty-eight chains to the north-east corner of number six allotment on the south by the northern boundary of number six allotment bearing west twenty-nine chains to the south-east corner of number four allotment on the west by the eastern boundary of number four allotment bearing north forty -three chains to the southern boundary of George Tyrrell's sixty acres on the north by the southern boundary of George Tyrrell's sixty acres bearing east twenty-two chains to Cook's Eiver being the land sold as lot forty-one in pursuance of the advertise- ment of the thirtieth day of March one thousand eight hundred and thirty-five. Also all that piece or parcel of land lying and situate in the parish aforesaid at Wooli Creek containing by admeasurement ninety acres (more or less) bounded on the east by the western boundary of J. Buckly's thirty acres bearing north eighteen chains Commencing at Wooli Creek on part of the south by a line east sevea EOTTON'S ESTATE. 961 chains on the north-east by a line north thirty degrees west four chains fifty links 45 Viotokia. on the north by a line west thirty-three chains ninety links on the west by a line •south twenty-nine chains thirty-three links to Wooli Creek and on the remainder ■of the south by Wooli Creek to the south-west corner of Buckly's thirty acres aforesaid being the land sold as lot nine in pursuance of the advertisement of the first day of December one thousand eight hundred and thirty-five. Also all that messuage or cottage garden and premises situate at Cook's River near Sydney aforesaid together with the paddock on the east side thereof the whole lying between the range of rocks and Cook's River aforesaid as the same are more particularly delineated in the plan drawn at the foot of an indenture of release dated the twentieth day of February one thousand eight hundred and forty-one made between Frederick Wright Unwin of the one part and Joseph Newton of the other part. Also all that piece or parcel of land situate in the parish aforesaid being the northern and western portion of Joshua Thorp's grant of fifty acres Commencing at Cook's River at the north-west corner of Frederick Wright tJnwin's one hundred acres and bounded towards the east by a part of the west boundary-line thereof bearing south thirty degrees east to Unwin's Road thence towards the south by that road dividing the land now being described from other portions of Thorp's fifty acres aforesaid the property of Leslie Duguid bearing westerly to a point opposite to the north-west corner of Leslie Duguid's land and by part of the west boundary of that land bearing by compass south twenty degrees thirty-five minutes west to the west boundary of Thorp's grant of fifty acres aforesaid thence towards the west by part of the west boundary-line thereof bearing north thirty degrees west to a stream and on the north by that stream to its confluence with Cook's Eiver and by Cook's River to the commencing corner. EOTTON'S ESTATE. An Act to enable the Trustees of the will of the late 46 Viotoeia. Henry Rotton to sell and grant Mining Leases of certain lands devised by the said will and for the other purposes therein mentioned. [29 March, 1883.] 'TTTHEEBAS-Henfy'EottoTi-late of Blackdown in the district of Preamble. VV Bathurst in the Colony of New South. "Wales hereinafter called the said testator duly made his last will dated the sixteenth day of July one thousand eight hundred and seventy-nine and thereby ap- pointed Henry M'Crummin Keightley William Eoxton Hayley and Alfred John Pechey executors and trustees of his said will and upon making certain specific devises the said testator devised all the residue of his real and personal estate to be divided in equal shares between ; his wife and his thirteen children being in all fourteen shares share and share alike (subject as to the share of one daughter to a deduction of one thousand four hundred pounds) And the said testator directed that should any of his children die before attaining majority his or her share should revert to his residuary estate and be divisible equally amongst his surviving children except in the case of a daughter married by consent of her guardian or guardians And the said tes- tator further directed that his said wife's share of his said residuary estate and the shares of his infant children should be invested by his trustees in good sound G-overnment securities or valuable freehold properties and the interest arising therefrom should be paid as fol- lows His said wife's share to herself for her own use and benefit eo long as by the provisions in that behalf contained in the said will she should be entitled to receive the same and his infant children 3p 962 EOTTON'S ESTATE. 46 Victoria, shares to their guardian or guardians as the case might he for the clothing maintenance education and teaching any trade business or profession till they should be entitled by attaining their majority to receive their full shares except in the case of a daughter married by consent of her guardian or guardians as the case might be before attaining her majority in which case she should be entitled to receive her share in full immediately upon her marriage unsubject as therein- before directed to marital control And whereas the testator duly made a codicil to his said will dated the twenty-seventh day of March one thousand eight hundred and eighty whereby he gave certain direc- tions with reference to the share of the said residuary estate of his said will devised and bequeathed to his son Peter Eotton but did not further or otherwise alter his said will And whereas the said testator duly made a second codicil to his said will dated the seventeenth day of July one thousand eight hundred and eighty-one whereby he gave a certain pecuniary legacy but did not further or otherwise alter his said will And whereas the said testator duly made a third codicil to his said will dated the twenty-fourth day of September one thousand eight hundred and eighty-one and by the said codicil revoked so much of his said will as gave to his son G-ilbert Henry Eotton any share in the division of his property and gave to the said Gilbert Henry Eotton all |the said testator's interest in certain conditional purchases at Car- den in the said Colony but did not further alter or revoke his said will And whereas the said testator died on the eleventh day of October one thousand eight hundred and eighty-one leaving surviving his widow and thirteen children of whom four are infants under the age of twenty- one years and without having revoked or altered his said will save in so far as the same is revoked or altered by his said codicils and with- out having revoked or altered his said codicils or any of them and the said wiU and codicils were duly proved by the said Henry M'Crummin Keightley "William Eoxton Hayley and Alfred John Pechey on the twenty -ninth day of November one thousand eight hundred and eighty- one And whereas the said Alfred John Pechey died on the fifth day of June one thousand eight hundred and^eighty- two And whereas the said testator at the time of his death was seized of or entitled to certain lands in the said Colony not specifically devised by the said will which said lands are mentioned and particularly described in the Schedule hereto And whereas it is doubtful whether the provisions of the said will authorize or empower the trustees thereof to sell any part of the said lands And whereas the said will contains ' no power to lease the said lands or any portion thereof And whereas certain of the said lands are supposed to contain valuable deposits of minerals And whereas it is expedient in view of the number of the persons beneficially entitled under the said will to shares in the said land and the disability through infancy and coverture of some of such persons that the trustees of the said will should have power to sell the said lands and it is also expedient that such trustees should have power to grant mining leases of the said lands 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. It shall be lawful for the said Henry M'Crummin Keightley and "William Poxton Hayley or the survivors or survivor of thpm or the heirs or assigns of such survivor or other the trustees or trustee for Trustees em- powered to Fell and convey. EOTTON'S ESTATE. 963 tlie time being of tte said will hereinafter called the said trustees or 46 Victoria. trustee to sell and dispose of the lands mentioned and particularly- described in the Schedule hereto either by public auction or private con- tract in such lot or lots at such time or times subject to such terms and conditions as to evidence of title time and manner of payment and to such other stipulations as the said trustees or trustee shall in their or his discretion think fit for such price or prices as can be reasonably obtained for the same and when sold to convey the same or any part or parts thereof to the purchaser or purchasers as the case may be his or their heirs and assigns freed and discharged from the trusts of the said will and the receipt or receipts in ^v^iting of the said trustees or trustee shall absolutely discharge the purchaser or purchasers of the said lands or any part or parts thereof from the purchase money payable by him or them respectively and shall exonerate him or them from seeing to the application of such purchase money or from being liable for any loss non-application or misapplication of the same. 2. It shall be lawful for the said trustees or trustee to give credit to Power to give any purchaser or purchasers of the said lands or of any part or parts chasers." ^™' thereof for any number of years not exceeding seven years for the pay- ment of so much of the purchase money as shall not exceed two-thirds of the whole upon such terms as to interest as the said trustees or trustee shall deem proper Provided that the lands in respect of the sale of which such credit is given as aforesaid shall remain unconveyed or be otherwise rendered a security for so much of the said purchase money as shall remain unpaid together with interest upon the same until the same shall have been wholly paid. 3. Subject and without prejudice to the reservation and conditions Power to grant, if any contained in the grants under which the said lands are holden ™'°'"s leases, it shall be lawful for the said trustees or trustee to grant leases by deed for any term of years not exceeding twenty-one years to take effect in possession and not in reversion or by way of future interest of aU and every and any of the mines lodes ores quarries veins strata and seams of copper lead iron stone clay and all other minerals what- soever in one or more block or blocks unopened as well as opened in under or upon the said lands together with any part of the sur- face of the said lands which may be thought necessary or convenient to be held for buildings roads or ways or other purposes with such mines quarries or premises together with full liberty and authority for the lessee or lessees to search for work win take use and dispose of all such coal ores and minerals as shall be found therein and tO' sink and make shafts levels pits drives trenches air-gates way-gates and watercourses and to erect and use any smelting refining' or other furnaces or mills fire steam or other engines and machinery workmen's and other houses buildings sheds or other conveniences and to use all other lawful means and ways whatsoever not only for findiug separating and cleaning such ores or other minerals but for converting any of them into a manufactured and merchantable condition and also to take and use suflicient "ground room heap room and pit room for placing or manufacturing any of such coals ores or other minerals and for laying the waste refuse or rubbish to be from time to time produced from the said mines quarries and premises and also with full and free liberty to use or make and use all proper and convenient railways and other ways for the carriage of materials and articles to such mines quarries or premises and for the carriage or delivery of any of the said coals 964 EOTTON'S ESTATE. Trustees of unsold lands and of purchase money. 46 Victoria, ores and minerals witli horses carts waggons and otter carriages and generally upon such terms and with such stipulations as shall be reason- able necessary or usual for the purposes aforesaid so that in every such lease there be reserved and made payable the best yearly rent due duties tolls or royalties which can be reasonably obtained without taking any fine premium or forfeit for the granting thereof and so that there be contained in every such lease proper and reasonable cove- nants and agreements by the lessee or lessees for the due payments of the rents dues duties tolls or royalties thereby reserved and for the proper working construction and management of the said mines quarries and works and a power of re-entry for non-payment of such rents dues duties tolls or royalties and so that every lessee duly execute a duplicate or counterpart of the lease granted to him. 4. The said trustees or trustee shall stand seized and possessed of the said lands or of such portion thereof as shall from time to time remain unsold subject to any leases granted under the power hereinbefore contained upon the trusts and subject to the directions and declarations in the said will expressed and declared concerning the same And from and after sale made under the power hereinbefore contained shall stand possessed of the moneys arising from such sale upon trust to pay all costs and expenses of and incidental to the pro- curing and passing of this Act and also of and incidental to such sale And after such payment as aforesaid to invest the net surplus of such moneys in debentures or G-overnment securities of any kind of the Colony of New South Wales or upon freehold securities in the ^ said Colony or upon deposit at interest at any bank carrying on business in the said Colony with power from time to time to vary or trans- pose any such investment or security for others of the kinds hereby authorized. 5. The said trustees or trustee shall stand possessed of such in- vestments and securities and the interest dividends and annual produce arising therefrom and also of the rents due duties tolls or royalties arising from or paid under any lease made under the authority of this Act upon such trusts and with and subject to such directions and declarations as shall as nearly as possible correspond with the trusts directions and declarations in the said will contained concerning the said lands or such of them as shall be subsisting and capable of taking effect. .Short title. 6. This Act may be cited as the " Eotton's Estate Act of 1883." Trusts of invest' ments rents &c. SCHEDULE ABOYB EEEEEEED TO. 1 . All those two thousand acres of land situated in the county of Roxburgh and township number four in the Colony of New South Wales bounded on the west side by a line north two hundred and thirty-two chains bounding sections one two three and twenty chains of section four on the north side by the Government reserve bearing east eighty chains to the western boundary of township number two on the east side by that boundary bearing south two hundred and tliirty-six chains and south fifty-five degrees west sixty-six chains to Macquarie River and on the south side by that river to be called " Blackdown " Except all that piece or parcel of land part and parcel thereof comprising four hundred and ninety-one acres Commencing from the Macquarie River and bounded on the south by a line running north fifty-five degrees east twenty-one chains ninety links from thence on the east by a line north two hundred and thirty-seven chains on the north by a line west twenty-one chains on the west by a line south two hundred and thirty- two chains and the Macquarie River to the point of commencement which said four hundred and ninety-one acres have been sold by Jolm Savery Rodd to William Henry Suttor Esquire. EOTTON'S ESTATE. 965 2. All that parcel of land containing by admeasurement sixty-one acres (more or 46 Victoeia, less) situate in the county of Roxburgh parish of Peel being part and parcel of the parcel of two hundred and forty-seven acres three roods and thirty-four perches of land conveyed to John Busby by Edward Combes by indenture dating twenty-ninth August one thousand eight hundred and seventy -four being lota one two and three on the plan exhibited at the sale to the said John Busby Commencing at the south-west corner of Samuel Terry's grant of eleven hundred and eighty-four acres at its junction with the grant known as Blackdown thence north by a line thirty chains fifty links thence by a line east to the Bathurst and Sofala road thence by that road to the W. Cox's grant and thence by a line west to the point of commencement. 3. All that piece or parcel of land containing by admeasurement one hundred acres be the same more or less situated in the county of Roxburgh and parish of Jedburgh near Kelloshiel Commencing at the north-eastern corner of a mea- sured portion of forty-seven acres and bounded on the south by the north boundary of that land being a line bearing west twenty chains on the west by the east boundary of a measured portion of one hundred and four acres being a line bearing north fifty chains north by a line bearing east twenty chains on the east by a line bearing south fifty chains to the point of commencement being the land proclaimed as lot thirty on the nineteenth August one thousand eight hundred and fifty-seven and selected by the said Henry Rotton under the eleventh paragraph of the regu- lations of first March one thousand eight hundred and forty-three. 4. AJl that piece or parcel of land containing by admeasurement one hundred and four acres be the same more or less situated in the county of Roxburgh and parish of Jedburgh near Kelloshiel Commencing at the north-western corner of a measured portion of one hundred acres and bounded on the east by the west boundary of that land being a line bearing south fifty chains on the south by the north boundary of a measured portion of fifty acres being a, line bearing west twenty chains eighty-one links on the west by a line bearing north fifty chains and on the north by a line bearing east twenty chains eighty-one links to the point of commencement being the land sold as lot twenty-nine in pursuance of the pro- clamation of eighteenth August one thousand eiglit hundred and fifty-seven. 5. All . that piece or parcel of land containing by admeasurement fifty acres be the same more or less situated in the county of Roxburgh and parish of Jedburgh near Kelloshiel Commencing at the north-western corner of H. Perrier's six hundred and forty acres and bounded on the south by part of the north boundary- line of that land bearing east twenty chains eighty-one links on the east by the west boundary-line of a measured portion of forty-seA'en acres bearing north twenty- five chains on the north by the south boundary-line of a measured portion of one hundred and four acres bearing west twenty chains eighty-one links on the west by a line bearing south twenty-five chains to the point of commencement exclu- sively of an existing road one chain wide from Bathurst down the Macquarie River passing through this land in a westerly direction the area of which has been deducted from the total area being the land sold as lot thirty-one in pursuance of the proclamation of eighteenth August one thousand eight hundred and fifty -seven. 6. All that piece or parcel of land containing by admeasurement forty-seven acres be the same more or less situated in the county of Roxburgh and parish of Jedburgh near Kelloshiel Commencing at the south-eastern corner of a measured portion of fifty acres and bounded on the west by the east boundary of that land being a line bearing north twenty-five chains on the north by the south boundary of a measured portion of one hundred acres being a line bearing east twenty chains on the east by a road one chain wide dividing it from a measured portion of forty- five acres two roods bearing south twenty-five chains on the south by part of the north boundary-line of H. Perrier's six hundred and forty acres bearing west twenty chains to the point of commencement exclusively of an existing road one chain wide from Bathurst down the Macquarie River passing through this land in a westerly direction the area of which has been deducted from the total area being the land sold as lot thirty-two in pursuance of the proclamation of the eighteenth August one thousand eight hundred and fifty -seven. 7. Also all that piece or parcel of land in the parish of Jedburgh county of Rox- burgh containing two hundred and two acres more or less Commencing being (a) the land comprised in Crown grant register vol. Lxxvi folio 31. 8. Also all that piece or parcel of land containing twenty-five acres of land situ- ated in the county of Roxburgh parish of Yetholme at Badger Brush Creek Com- mencing forty -seven chains seven links south from the north-west corner of West's (a) Qj/.— at 96g EOTTON'S ESTATE. 46 ViCTOEIA tlii^ee hundred acres and bounded on the north by a line west twenty chains on the west by a line south twelve chains fifty links on the south by a line east twenty chains to West's west boundary and on the east by part of the said West's west boundary being a hne north twelve chains fifty links being the land sold as lot one in pursuance of advertisement of nineteenth May one thousand eight hundred and thirty-five. 9. All that piece or parcel of land situate in the parish of Yetholme in the county of Roxburgh containing by admeasurement one hundred acres be the same more or less at the Stony Range and about midway between the farm of J. Long and the village reserve on the north side of the new line of road to Bathurst bounded on the east by a line north Commencing at a marked tree by the roadside forty chains on the north by a line west twenty-three chains on the west by a line south fifty-six chains twenty links to the road and on the south by the new line of road to Bathurst to the marked tree aforesaid being the land sold as lot ninety-four in pursuance of the advertisement of fourth December one thousand eight hundred and thirty-seven. 10. AU that piece or parcel of land containing by admeasurement seventy acres be the same more or less situated in the county of Cook and parish of Farmer's Creek near Lambie's Hill Commencing on Farmer's Creek at the north-east corner of S. G-. Dalgety's one hundred acres and bounded on the west by a line south forty-four chains dividing it from part of that one hundred acres on the south by a line east twenty-three chains on the east by a line north twenty-eight chains to Farmer's Creek and northerly by that creek downwards to the north- east corner of Dalgety's one hundred acres as aforesaid being the land sold as lot thirty-four in pursuance of the advertisement of the tenth December one thousand eight hundred and thirty-nine. 11. All that piece or parcel of land containing by admeasurement thirty -two acres be the same more or less situated in the county of Cook and parish near Bowenfels Commencing on a road leading from Bathurst to Sydney at the south-east corner of S. G. Dalgety's one hundred acres and bounded on the west by part of the east boundary of that land bearing north nine chains to the south-west corner of Hughes and Hoskius' seventy acres on the north by the southern boundary of that land being a line bearing east twenty-two chains on the east by a line dividing it from a measured portion of twenty-eight acres bearing south twenty chains to the road aforesaid leading from Bathurst to Sydney and on the south by that road north-westerly to the south-east corner of S. G. Dalgety's one hundred acres aforesaid being the land sold as lot sixteen in pursuance of the proclamation of sixth May one thousand eight hundred and fifty-seven. 12. All that piece or parcel of land situate in the parish at Gi'abine near the confluence of the Abercrombie and Lachlan Rivers in the county of King containing by admeasurement one thousand one hundred and thirteen acres be the same more or less bounded on the east by a line bearing south one hundred and thirteen chains Commencing on tlie Lachlan River at the north-east corner on the south by a line bearing west ninety-four chains to the Lachlan River and on the west and north by that river upwards to the north-east corner afore- said being the land sold as lot one in pursuance of the advertisement of twenty- seventh May one thousand eight hundred and thirty-seven. 13. All that piece or parcel of land containing by admeasurement eight hundred and eighty acres be the same more or less situated in tlie county of Bathurst and parish of at Grabine Commencing at the north-west corner of the village reserve of Grabine and bounded on the west by a line north one hundred and ten chains on the north by a line east eighty chains on the east by a line south one hundred and ten chains and on the south by a line west eighty chains dividing it from the village reserve of Grabine to the north-west corner of the same as aforesaid being the land sold as lot sixteen in pursuance of the advertisement of tenth September one thousand eight hundred and thirty-eight. 14. Also all those thirty-three acres be the same more or less situate in the parish of Bracbridge in the county of Bathurst being the land comprised in Crown grant registered vol. XLV folio 5. 15. All that allotment or parcel of land containing by admeasurement one rood thirty-five perches be the same more or less situated in the county of Wellington parish of Orange and town of Orange being allotment number sixteen of section number thirty-three Commencing on the northern side of March-street at the south-western corner of allotment seventeen and bounded thence on the south by EOTTON'S ESTATE. 967 that street westerly one chain on the west by the eastern boundary-line of allot- 46 ViCTOKIA. ment fifteen northerly at right angles to March-street four chains and seventy links to a lane on the north by that lane easterly parallel with March-street one chain and on the east by the western boundary -line of allotment seventeen aforesaid southerly at right angles to March-street four chains and seventy links to the point of commencement being the allotment sold as lot thirty in pursuance of the proclamation of twenty -fifth May one thousand eight hundred and fifty-eight. 16. All that allotment or parcel of land containing by admeasurement one rood thirty-five perches be the same more or less situated in the county of Wellington parish of Orange and town of Orange being allotment number seventeen of section number thirty-three Commencing at the south-eastern comer of the section and bounded thence on the south by March-street westerly one chain on the west by the eastern boundary-line of allotment sixteen northerly at right angles to March- street four chains and seventy links to a lane on the north by that lane easterly parallel with March-street one chain to Sampson-street and on the east by that street southerly four chains and seventy links to the point of commencement being the allotment sold as lot thirty-one in pursuance of the proclamation of twenty- fifth May one thousand eight hundred and fifty-eight. 17. All that piece or parcel of land containing by admeasurement forty-three acres thirteen perches more or less situated in the parish and county of Bathurst aforesaid being portions of allotments numbers four and five of the allotments in Queen Charlotte's Vale Commencing at a point in a road called Gorman's Hill B,oad leading from Bathurst aforesaid to Campbell's Eiver in the said Colony at the south-east corner of a piece of land belonging to Francis Lord and bounded on the east by the said road by a line southerly twenty-three chains ninety -four links to a reserved road dividing the land now being described from land belonging to Henry Butler on the south by the last-mentioned road by a line westerly to Queen Charlotte's Vale Creek on the west by Queen Charlotte's Vale Creek to the south-west comer of the said allotment number four and on the north by the said land belonging to the said Francis Lord by a line easterly to the commencing point aforesaid subject nevertheless to a certain indenture of mortgage bearing date the fourth day of April one thousand eight hundred and fifty-five made between the said Samuel Benny Sergeant and Kenneth Price therein described of the one part and John Savery Rodd of the other part All that piece or parcel of land situated in the county of Bathurst in the said Colony being part and parcel of that part of the Walmer Estate conveyed to James Home Stewart David Kennedy and Kirkpatriok Dickson {a) Smythe by a certain indenture of the twenty-fifth day of November one thousand eight hundred and fifty-three and by them conveyed to the said Samuel Benny Sergeant by a certain indenture dated the thirtieth day of September one thousand eight hundred and fifty-four Commencing at a point on the western side of a road called Macquarie-street fifty chains forty-eight links from the Ophir Road and bounded on the east by Macquarie-street aforesaid by a line south five chains twenty-nine links on the south by a line west nine chains sixty-five links dividing it from land purchased by Mr. Pyne on the west by a line north five chains twenty-nine links dividing it from Mount Pleasant Estate and on the north by a line east nine chains sixty-five links dividing it from the land purchased by the said Samuel Benny Sergeant next hereinafter described to the commencing point aforesaid All that piece or parcel of land containing by admeasurement ten acres more or less situated in the county of Bathurst in the said Colony being also part and parcel of that part of the Walmer Estate conveyed to the said James Home Stewart David Kennedy and Kirkpatriok Dixon Smythe as aforesaid and so con- veyed to the said Samuel Benny Sergeant as aforesaid Commencing at a point on the western side of the road called Macquarie-street thirty-nine chains ninety links from the Ophir Road and bounded on the east by Macquarie-street aforesaid by a line south ten chains fifty-eight links on the south by a line west nine chains sixty-five links dividing it from the land lastly hereinbefore described on the west by a line north ten chains fifty-eight links dividing it from the Mount Pleasant Estate and on the north by a line east nine chains sixty-five links by lands of the said James Home Stewart Kirkpatriok Dixon Smythe and David Kennedy part of the said purchased lands so conveyed as aforesaid to the commencing point aforesaid. All that piece or parcel of land containing by admeasurement five acres be the same more or less situated in the county of Bathurst in the said Colony being part and parcel of that part of the Walmer Estate conveyed to the said James Home Stewart David Kennedy and Kirkpatriok Dickson Smythe and which ultimately (a) Qy -Dixon. 968 EOTTON'S ESTATE. ^ 46 ViOTORIA, was vested in the said Samuel Benny Sergeant Commencing at a point on the western side of a road called Maoquarie-street fifty-five chains seventy-seven links from the Ophir Road and bounded on the east by Macquarie-street aforesaid by a line south five chains twenty-nine links on the south by a line west nine cliaina sixty-five links by the land purchased by Mr. Robert Rae on the west by a line north five chains twenty-nine links dividing it from the Mount Pleasant Estate and on the north by a line east nine chains sixty-five links dividing it from land purchased by Mr. Kenneth Price to the commencing point aforesaid. 18. All that allotment or parcel of land in the said Colony containing by admeasurement two roods and situated in the town parish and county of Bathurst aforesaid allotment number twelve of section number eighteen Commencing at the south-east corner of allotment number thirteen and bounded northerly by a. line dividing it from that allotment bearing west forty-one and a half degrees south two chains fifty links westerly by a line dividing it from part of allotment number ten bearing south forty -eight and a half degrees east two chains southerly by a line dividing it from allotment number eleven bearing east forty-one and a. half degrees north two chains fifty links and easterly by a line dividing it from Durham-street bearing north forty-eight and a half degrees west two chains to the south-east corner of allotment number thirteen aforesaid being the allotment sold as lot twelve in pursuance of the advertisement of the twenty-eighth day of March one thousand eight hundred and forty. 19. All that piece or parcel of land being part and parcel of allotment number eleven of section number eighteen containing by admeasurement thirty-two perches- more or less situated in the town parish and county of Bathurst aforesaid Com- mencing at the south-east corner of allotment number twelve and bounded south- erly by a line dividing it from that allotment bearing west forty-one and a half degrees south two chains fifty links westerly by a line dividing it from part of allotment number ten bearing south forty-eight and a half degrees east one chain fifteen links southerly by a line dividing it from part of allotment number eleven bearing east forty-seven degrees north two chains fifty-three links to Durham- street being distant from Rankin-street westerly along Durham-street aforesaid one chain fifty-five links and easterly by a line dividing it from Durham-street bearing north forty-eight and a half degrees west forty-five links to the south-east corner of allotment number twelve as aforesaid. 20. All that piece or parcel of land situate in the town parish and county of Bathurst aforesaid Commencing at tlie south-west corner of allotment number eleven of section number thirty-one and bounded easterly by a line bearing north one hundred and thirty -two feet dividing it from that allotment northerly by a line bearing west forty-one feet and six inches dividing it from part of allotment number twelve westerly by a line bearing south one hundred and thirty-two feet dividing it from part of allotment number ten and southerly by a line bearing east forty-one feet and six inches dividing it from George-street to the commencing point aforesaid. 21. All that allotment or parcel of land containing by admeasurement two roods be the same more or less situated in the town of Bathurst parish of Bathurst and county of Bathurst being allotment number ten of section number sixty-nine Commencing on the north-eastern side of Lambert-street at the south corner of allotment number nine and bounded on the north-west by the south-eastern boundary of that allotment being a line north-easterly at right angles to Lambert- street five chains on the north-east by a line south-easterly parallel to Lambert- street one chain on the south-east by a line south-westerly at right angles to the north-eastern boundary five chains to Lambert-street and on the south-west by one chain to the north-eastern side of Lambert-street north-westerly to the south corner of allotment number nine aforesaid being the land sold as lot thirty-one in pursuance of the proclamation of the twenty-seventh July one thousand eight hundred and fifty-five. 22. All that allotment or parcel of land containing by admeasurement two roods be the same more or less situated in the town of Bathurst parish of Bathurst anct county of Bathurst being allotment number sixteen of section number sixty-nine Commencing on the south-western side of Piper-street at the north comer of allotment number fifteen and bounded on the south-east by the north-western boundary of that allotment being a line south-westerly at right angles to Piper- street five chains on the south-west by a line north-westerly parallel to Piper-street one chain on the north-west by a line north-easterly at right angles to the south- western boundary five chains to Piper-street and on the north-east by one chain. EOTTON'S ESTATE. 969 of the south-west side of Piper-street south-easterly to the north corner of 46 Victoeia. , allotment number fifteen aforesaid being the land sold as lot thirty-two in pur- suance of the proclamation of the twenty-seventh of July one thousand eight hundred and fifiy-five. 23. All that piece or parcel of land containing by admeasurement two roods thirty-two perches situated in the tovm of Bathurst vol. xxviii folio 84. 24. All that piece or parcel of land containing by admeasurement one acre and thirty perches town of Bathurst vol. cxci folio 247. 25. All that piece or parcel of laud containing by admeasurement one acre and thirty-one perches town of Bathurst vol. LXli folio 64. 26. All that piece or parcel of land containing by admeasurement two hundred and two acres be the same more or less situated in the parish of Jedburgh county of Roxburgh vol. Lxxvi folio 31. 27. All that piece or parcel of land containing by admeasurement thirty-thre^ acres be the same more or less situated in the parish of Bracebridge county o^ Bathurst vol. XLv folio 5. - 28. Also all that piece or parcel of land containing by admeasurement one hun- dred acres be the same more or less situated in the parish of Malmsbury county of Bathurst being the land comprised in Crown grant vol. CCCOLXXXVII folio 71. 29. All that piece or parcel of land containing by admeasurement forty acres be the same more or less situated in the parish of Parfleet county of Bathurst portion thirteen being the land described in Crown grant vol. cccxc folio 40. 30. All that piece or parcel of land containing by admeasurement sixty acres parish of Parfleet county of Bathurst portion fourteen being the land described in Crown grant vol. Dxxviii folio 180. 31. All that piece or parcel of land containing by admeasurement one hundred acres parish of Winburn county of Roxburgh 244/89. 32. All that piece or parcel of land containing by admeasurement two acres situated in the county of Westmoreland parish of Irene portion thirty described in Crown Grant vol. ccccxii folio 108. 33. And all that piece or parcel of land containing by admeasurement two acres county of J^ig^iapreland parish of Irene portion number thirty-one being land describeltf'in Crown grant vol. cccoxii folio 109. 34. All that parcel of land at Kelso in the county of Roxburgh part and parcel of the parcel of land known as Read's grant and containing by admeasurement thirteen aGres and three roods more or less and described as follows that is to say Commencing on the east bank of the Maoquarie River and bounded on the north- west by a li'fle easterly twelve chains and eighty-eight links on the north-east by a line south^ly eleven chains fifty-eight links on the south-east by a line westerly nine chains ind eighty- two links to the Macquarie River and by that river down- wards to the/point of commencement. 35. All that allotment or parcel of land containing by admeasurement two roods be the same more or less situated in the town of Wellington parish of Wellington county of Wellington being allotment number nine of section number eleven Commencing at the north-west corner of allotment number eight and bounded on the north by a line bearing west one chain dividing it from Swift-street on the west by a line bearing south five chains dividing it from allotment number ten on the south by a line bearing east one chain dividing it from allotment number sixteen and on the east by a line bearing north five chains dividing it from allot- ment number eight to the north-west corner of the same as aforesaid Being the allotment sold as lot ninety-five in pursuance of the proclamation of third August one thousand eight hundred and forty-eight. 36. All that piece or parcel of land containing by admeasurement two roods be the same more or less situated in the town of Wellington parish of Wellington county of Wellington being allotment number two of section number eleven Commencing at the south-east corner of allotment number three and bounded on the north by a line bearing west two chains dividing it from that allotment on the west by a line bearing south two chains fifty links dividing it from part of allotment number twenty on the south by a line bearing east two chains dividing it from allotment number one And on the east by a line bearing north two chains fifty links dividing it from Arthur-street to the south-east corner of allotment number three as aforesaid being the allotment sold as lot number ninety-one in pursuance of the proclamation of third August one thousand eight hundred and forty-eight. 970 EOTTON'S ESTATE. 46 VlCTOElA, 37. All that allotment or parcel of land containing by admeasurement two roods be the same more or less situated in the town of Wellington parish of Wellington county of Wellington being allotment number three of section eleven Commenc- ing at the south-east corner of allotment number four and bounded on the north by a line bearing west two chains dividing it from that allotment on the west by a line bearing south two chains fifty links dividing it from part of allotment number five on the south by a line bearing east two chains dividing it from allotment number two and on the east by a line bearing north two chains fifty links dividing it from Arthur-street to the south-east corner of allotment number four as aforesaid being the allotment sold as lot ninety-two in pursuance of the proclamation of third August one thousand eight hundred and forty-eight. 38. All that allotment or parcel of land containing by admeasurement two roods be the same more or less situated in the village of Carooar parish of Errol county of Bathurst being allotment number twelve of section number sixteen Commencing at the north-east corner of allotment number seven and bounded on the east by a line bearing north five chains dividing it from allotments numbers ten and eleven on the north by a line bearing west one chain dividing it from Rodd-street on the west by a line bearing south five chains dividing it from allotment number thirteen and on the south by a line bearing east one chain dividing it from allotment num- ber seven to the north-east corner of the same as aforesaid being the allotment sold as lot seventy-three in pursuance of the proclamation of twelfth May one thousand eight hundred and forty-seven. 39. All that allotment or parcel of land containing by admeasurement two roods be the same more or less situated in the Village of Careoar parish of Errol county of Bathurst being allotment number thirteen of section number sixteen Commenc- ing at the north-east corner of allotment number six and bounded on the east by a line bearing north five chains dividing it from allotment number twelve on the north by a line bearing west one chain dividing it from Rodd-street on the west by a line bearing south five chains dividing it from allotment number fourteen and on the south by a line bearing east one chain dividing it from allotment number six to the north-east corner of the same as aforesaid being the allotment sold as lot seventy-four in pursuance of the proclamation of the twelfth May one thousand eight hundred and forty-seven. 40. All that allotment or parcel of land containing by admeasureiiient bwo roods more or less situated in the village of Careoar parish of Errol county of Bathurst being allotment number sixteen of section number sixteen Commencirife at the north-east corner of allotment number three and bounded on the east by a line bearing north five chains dividing it from allotment number fifteen on tVie north by a line bearing west one chain dividing it from Rodd-street on the west by a line bearing south five chains dividing it from allotment number seventeen and on the south by a line bearing east one chain dividing it from allotment number three to the north-east corner of the same as aforesaid being the allotment sold as lot seventy-seven in pursuance of the proclamation of twelfth May one thousand eight hundred and forty -seven. 41. All that allotment or parcel of land containing by admeasurement two roods be the same more or less situated in the village of Careoar parish of Errol county of Bathurst being allotment number seventeen of section number sixteen Com- mencing at the north-east corner of allotment number two and bounded on the east by a line bearing north five chains dividing it from allotment number sixteen on the north by a line bearing west one chain dividing it from Rodd-street on the west by a line bearing south five chains dividing it from allotments numbers eighteen and nineteen and on the south by a line bearing east one chain dividing it from allotment number two to the north-east corner of the same as aforesaid being the allotment sold as lot seventy-eight in pursuance of the proclamation of twelfth May one thousand eight hundred and forty-seven. 42. All that parcel of land portion of the said Saltram Estate containing by adm.easurement two roods or thereabouts being allotment number three of section two in the township of Eglinton Commencing at the north-east corner of allotment number two in the same section and bounded on the north by a line running easterly one chain along Wellington-street on the east by a line running southerly along the western boundary of the parcel of land next hereinafter particularly described five chains thence on the south by a line running westerly along the northern boundary of allotment number eighteen in the same section one chain thence on the west by a line running northerly along the eastern boundary of the said allot- ment number two to the point of commencement. EOTTON'S ESTATE. 97L All that parcel of land other portion of the said Saltram Estate in the township 46 ViCTOElA. of Eglinton aforesaid containing by admeasurement two roods or thereabouts being allotment number four of section number two aforesaid Commencing at the north- east corner of the allotment lastly hereinbefore particularly described and bounded on the north by a line running easterly along Wellington-street aforesaid one chain thence on the east by a line running southerly along the western boundary of allot- ment number five in the same section five chains thence on the south by a line running westerly along the northern boundary of allotment number seventeen in the same section one chain and thence on the west by a line running northerly along the eastern boundary of the parcel of land lastly hereinbefore described five chains to the point of commencement. All that parcel of land other portion of the said Saltram Estate in the said town- ship of Eglinton containing by admeasurement two roods or thereabouts being allotment number seven of section number two aforesaid Commencing at the south- east corner of allotment number six in the same section and bounded on the east by a line running southerly along Ranken-street one chain thence on the south by a line running westerly along the northern boundary of the parcel of land next hereinafter particularly described five chains thence on the west by a line running northerly along a part of the eastern boundary of allotment five in the same section one chain thence on the north by a line running easterly along the southern boun- dary of the said allotment number six of the same section five chains to the point of commencement. All that parcel of land other portion of the said Saltram Estate containing by admeasurement two roods or thereabouts being allotment number eight of section number two in the township of Eglinton aforesaid Commencing at the south-east corner of the parcel of land lastly hereinbefore particularly described and bounded on the east by a line running southerly along Eanken-street aforesaid one chain thence on the south by a line running westerly along the northern boundary of allotment number nine in the same section five chains thence on the west by a line running northerly along a part of the eastern boundary of the said allotment number five in the sam e section one chain thence on the north by a line running easterly along the western boundary of the parcel of land lastly hereinbefore par- ticularly described five chains to the point of commencement, All that parcel of land other portion of the said Saltram Estate containing by admeasurement two roods or thereabouts being allotment number nine of section number eight in the said township Commencing at the south-west corner of allotment number eight in the same section and bounded on the soiith by a line running westerly along Wellington-street one chain thence on the west by a line running northerly along the eastern boundary of the parcel of land next herein- after particularly described five chains thence on the north by a line running easterly along the southern boundary of allotment number two one chain thence on the east by a line running southerly along the western boundary of allotment number eight in the same section five chains to the point of commencement. All that parcel of land other portion of the said Saltram Estate containing by admeasurement two roods or thereabouts being allotment number ten of section number eight in the township aforesaid Commencing at the south-west corner of the parcel of landlastly hereinbefore particularly described and bounded on the south by a line ruiming westerly along Wellington-street one chain thence on the west bya line running northerly along Kanken-street five chains thence on the north by a line running easterly along the southern boundary of allotment number one in the same section one chain and thence on the east by a line running southerly along the western boundary of the parcel of land lastly hereinbefore particularly described five chains to the point of commencement. 43. All that piece or parcel of land containing by admeasurement forty acres be the same more or less situated in the county of Roxburgh and parish of Eusdale at the Dairy Station near the head of Eusdale Creek Commencing at the north- west corner at Eusdale Creek at a point bearing south thirteen degrees ten minutes west and distant twenty -four chains sixty-five links from the south-west corner of William Lawson's eight hundred and forty-eight acres purchase and bounded on the north by a line bearing east eighteen chains eighty-five links on the east by a line bearing south thirty-three chains ten links on the south by a line bearing west eleven chains forty-five links on the west in part by a line bearing north thirteen chains ten links to a marked gum-tree and thence on the west and south-west by the said creek upwards to the north-west corner aforesaid Being the land sold as lot thirty-five in pursuance of the proclamation of eighteenth August one thousand eight hundred and fiftj'-three. 972 EOTTON'S ESTATE. 46 -ViCTOEiA. 44. All that allotment or parcel of land situate in the township of Hastings South parish of county of Maoquarie in the Colony of New South Wales being allotment number thirty-four of section number forty-three Commencing at a point on the shore of the Hastings River being the most southerly point of allot- ment number thirty-three and bounded on the north-east by that allotment being a line bearing north-westerly two hundred and ninety feet on the nortli-west by Hastings-street being a line bearing south-westerly thirty-two feet On the south- west by allotment number thirty-five being a line bearing south-easterly two hundred and ninety feet and on the south-east by the river Hastings aforesaid to the point of commencement. 45. All that allotment or parcel of land situate in the township of Hastings East parish of county of Maoquarie in the Colony of New South Wales being allotment number forty of section number tfl enty-sevon Commencing in Fitz Roy- street at the south-west corner of allotment number thirty-nine and bounded on the east by that allotment being a line bearing north two hundred and ninety feet On the north by a reserved lane being a line bearing west thirty- two feet On the west by a reserve being a line bearing south two hundred and ninety feet to the said street and on the south by the said street being a line bearing east thirty-two feet to the point of commencement. 46. All that allotment or parcel of land situate in the township of .Hastings South parish of county of Maoquarie in the Colony of New South Wales being allotment number fifty-six of section number twenty-seven Commencing in Bligh- street at the north-east corner of allotment number fifty-five and bounded on the west by that allotment being a line bearing south two hundred and ninety feet On the south by a reserved lane being a line bearing east thirty-two feet On the east by allotment number fifty-seven being a line bearing north two hundred and ninety feet to the said street and on the north by the said street being a line bear- ing west thirty-two feet to the point of commencement. 47. All that allotment or parcel of land situate in the township of Hastings East parish of county of Maoquarie in the Colony of New South Wales being allotment number eighteen of section number thirty-two Commencing in Victoria-street at the south-west corner of allotment number seventeen and boun- ded on the east by that allotment being aline bearing north two hundred and ninety feet On the north by a reserved lane being a line bearing west thirty-two feet on the west by allotment number nineteen being a line bearing south two hundred and ninety feet to the said street and on the south by the said street being a line bearing east thirty-two feet to the point of commencement. 48. All that piece or parcel of land containing by admeasurement two hundred acres be the same more or less situated in the county of Westmoreland and parish of at Blaxland's Swamp and bounded on the north by Cox's River on the east by part of Marsden's si.x hundred acres being a line south forty- seven chains from Cox's River on the south by a line west forty-five chains to Blaxland's Swamp and on the west by the watercourse of the swamp being the land promised to the late William Orrell on or before the date above-mentioned and granted to John Ford in accordance with the report on case number five hundred and five made on the fifth day of December one thousand eight hundred and thirty- nine by the Commissioners appointed under the Act of the Colonial Legislature fifth William Fourth number twenty one. 49. All that piece or parcel of land containing by admeasurement six acres and one rood be the same more or less situated in the county of Roxburgh and parish of Kelso town of Kelso allotment number seven of land formerly Blackman's eighty acres Commencing at the southernmost corner of allotment number five and bounded southerly by a line bearing west thirty degrees south ten chains dividing it from a road of fifty links wide westerly by a line bearing north twenty- nine and a half degrees west six chains twenty-five links dividing it from allotment number nine northerly by a line bearing east thirty degrees north ten chains dividing it from land originally promised to Abbott easterly by a line bearing south twenty -nine and a half degrees east six chains twenty five links dividing it from allotment number five to the southernmost corner of the same as aforesaid being the land sold as lot fourteen in pursuance of the proclamation of twelfth December one thousand eight hundred and forty-six. 50. All that piece or parcel of land situate lying and being in the county of Roxburgh and township of Kelso in the Colony of New South Wales and abutted and bounded as follows that is to say on the west by the Maoquarie River five chains and two perches on the north by Stephen-street on the east by lands of tho EOTAL SOCIETY OF NEW SOUTH WALES. 973 said John Ford and on the south by lands of the Keverend John Eapie Keene 46 Victoeia. reserving to the said Sydney Stephen his heirs and assigns a road to be called Ford-street through the said land of two perches in width from Stephen-street to the land of the said John Espie Keene so as to form a communication between the last-mentioned street and the public road leading to Bathurst. 51. All that piece or parcel of land containing by admeasurement ten acres be the same more or less situated in the county of Cook and parish of at Solitary Creek and bounded on the south by a line west ten chains fifty links from the new Bathurst Road to Solitary Creek on the west by that creek to the road and on the north-east by the road being the land promised to John Ford on or before the eleventh day of March one thousand eight hundred and thirty-one and of which he was authorized to take possession on twenty- third April one thou- sand eight hundred and thirty-one as a special grant for the purpose of erecting an inn thereon being also the land advertised in his name as number five hundred and thirty-three in the Government notice dated first August one thousand eight hun- dred and thirty-nine. 52. All that allotment or piece of land in our said territory containing by admeasurement two roods be the same more or less situated in the town of Bathurst parish of Bathurst county of Bathurst being allotment number three of section number thirty-nine Commencing on the south-east side of Stewart-street at the westernmost corner of allotment number two and bounded on the north-east by the south-western boundary of that allotment being a line south-easterly at right angles to Stewart-street two chains on the south-east by a line south-westerly parallel to Stewart-street two chains fifty links on the south-west by a line north- westerly at right angles to the south-eastern boundary two chains to Stewart-street and on the north-west by two chains fifty links of the south-east side of Stewart- street north-easterly to the westernmost corner of allotment number two aforesaid being the allotment sold as lot number forty-three in pursuance of the proclamation of twentieth July one thousand eight hundred and fifty-four with all the rights and appurtenances whatsoever thereto belonging. 53. All that allotment or parcel of land in our said territory containing by admeasurement two roods be the same more or less situated In the town of Bathurst parish of Bathurst county of Bathurst being allotment number two of section num- ber thirty-nine Commencing on the south-east side of Stewart-street at the west- ernmost corner of allotment number one and bounded on the north-east by the south-western boundary of that allotment being a line south-easterly at right angles to Stewart-street two chains on the south-east by a line south-westerly parallel to Stewart-street two chains fifty links on the south-west by a line north- ■westerly at right angles to the south-eastern boundary two chains to Stewart-street and on the north-west by two chains fifty links of tlie south-east side of Stewart- street north-easterly to the westernmost corner of allotment number one aforesaid being the allotment sold as lot forty-two in pursuance of the proclamation of twentieth July one thousand eight hundred and fifty-four with all the rights and appurtenances whatever thereto belonging Also all other lands belonging to the estate of the said Henry Rotton which are not hereinbefore specially mentioned except a freehold estate near Mornya known as Mynora devised by the said Henry Rotton to his daughter Caroline Mary Keightley. EOYAL SOCIETY OP NEW SOUTH WALES INCORPOEATION. An Act to incorporate a Society called the " Hoyal 45 Viotoeia. Society of New South Wales." [16 December, 1881.] WHEEEAS a Society called (with tlie sanction of Her Most Preamble, Gracious Majesty the Queen) " The Eoyal Society of New- South Wales " has under certain rules and hy-laws been formed at ■Sydney in the Colony of New South Wales for the encouragement of studies and investigations in science art literature and philosophy 974i EOTAL SOCIETY OP NEW SOUTH WALES. 45 Victoria. And whereas the Council of the said Society is at the present time composed of the following office-hearers and memhers His Excellency the Eight Honorable Lord Augustus Loftua P.C. G-.C.B. Honorary President The Honorable John Smith C.M.G. M.D. LL.D. President and Charles Moore Esquire E.L.S. Director of the Botanic Gardens Sydney and Henry Chamberlaine Eussell Esquire B.A. (Sydney) E.E.A.S. E.M.S. London Government Astronomer for New South Wales Vice-Presidents and H. G. A. Wright Esquire M.E.C.S. Honorary Treasurer Archibald Liversidge Esquire Associate of the Royal School of Mines London Eellow of the Institute of Chemistry of Great Britain and Irelandand Professor of Geology and Mineralogy in the Uni- Tersity of Sydney and Carl Adolph Leibius Esquire Doctor of Philosophy of the University of Heidelberg Eellow of the Institute of Chemistry of Great Britain and Ireland Honorary Secretaries W. A. Dixon EeUow of the Institute of Chemistry of Great Britain and Ireland G. D. Hirst Esquire Eobert Hunt Esquire Associate of the Eoyal School of Mines London Deputy Master Sydney Branch Eoyal Mint EHezer L. Montefiore Esquire Christopher Eolleston Esquire C.M.G. Charles Smith Wilkinson Esquire Government Geologistmembers of the Council And whereas it is expedient that the said Society should be incorpo- rated and should be invested with the powers and authorities herein- after contained Be it therefore enacted by the Queen's Most Excel- lent 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 : — Interpretation 1. Eor the purposes of this Act the following words in inverted clause. commas shall unless the context otherwise indicate bear the meaning set against them respectively — " Corporation " — The Society hereby incorporated. " Council " — The members of the Council at any duly convened meeting thereof at which a quorum according to the by-laws at the time being shall be present. " Secretary " — Such person or either one of such persons who shall for the time being be the secretary or secretaries honorary or otherwise of the said Society (saving and excepting any assistant secretary of the said Society). 2. The honorary president the president vice-president officers and members of the said society for the time being and all persons who shall in manner provided by the rules and by-laws for the time being of the said Society become members thereof shall be for the purposes hereinafter mentioned a body corporate by the name or style of the Eoyal Society of New South Wales and by that name shall and may have perpetual succession and a common seal and shall and may enter into contracts and sue and be sued plead and be impleaded answer and be answered unto defend and be defended in all Courts and places whatsoever and may prefer lay and prosecute any indict- ment information and prosecution against any person whomsoever and any summons or other writ and any notice or other proceeding which it may be requisite to serve upon the corporation may be served upon the secretary or one of the secretaries as the case may be or if there be no secretary or if the secretaries or secretary be absent from the Colony then upon the president or either of the vice-presidents. Incorporation clause. EOTAL SOCIETY OP NEW SOUTH WALES. 975 3. Tlie present rules and by-laws of tte said Society shall be deemed 45 Victokia, and considered to be and shall be the rules and by-laws of the Ruiea and by- said corporation save and except in so far as any or them are or '^"s. shall or may be altered varied or repealed under the powers for that purpose therein contained or are or may be inconsistent or incom- patible with or repugnant to any of the provisions of this Act or any of the laws now or hereafter to be in force in the said Colony. 4. The corporation shall have power to purchase acquire and hold power to acquire lands and any interest therein and also to sell and dispose of tlie g°^['^°'^g™^*° said lands or any interest therein and all lands tenements heredita- ments and other property of whatever nature now belonging to the said Society under the said rules and by-laws or vested in trustees for them shall on the passing of this Act be vested in and become the property of the said corporation subject to all charges claims and demands in anywise affecting the same. 5. The ordinary business of the corporation in reference to its ordinary busi- property shall be managed by the Council and it shall not be lawful JJfanagedV the for individual members to interfere in any way in the management of council. the affairs of the corporation except as by the rules and by-laws for the time being shall be specially provided. 6. The Council shall have the general management and superin- Powers o£ tendance of the affairs of the corporation and excepting the appoint- Council, ment of president and vice-presidents and other honorary officers who shall be appointed as the by-laws of the Society shall from time to time provide the Council shall have the appointment of all officers and servants required for carrying out the purposes of the Society and of preserving its property and it may also define the duties and fix the salaries of all officers Provided that if a vacancy shall occur in the Council during any current year of the Society's proceedings it shall be lawful for the Council to elect a member of the Society to fill such vacancy for the unexpired portion of the then current year The Council may also purchase or rent land houses or offices and erect buildings or other structures for any of the purposes for which the Society is hereby incorporated and may borrow money for the purposes of the corporation on mortgages of the real and chattel property of the corporation or any part thereof or may borrow money without security provided that the amount so borrowed without security shall never exceed in the aggregate the amount of the income of the corpo- ration for the last preceding year and the Council may also settle and agree to the covenants powers and authorities to be contained in the securities aforesaid. 7. In the event of the funds and property of the corporation being Liability of insufficient to meet its engagements each member thereof shall in °"^'"''^"^- addition to his subscription for the then current year be liable to con- tribute a sum equal thereto towards the payment of such engagements but shall not be otherwise individually liable for the same and no member who shall have commuted his annual subscription shall be so liable for any amount beyond that of one year's subscription. 8. The Council shall have the custody of the common seal of the Custody of corporation and have power to use the same in the affairs and business ™mmon seal. of the corporation and for the execution of any of the securities afore- said and may under such seal authorize any person without such seal to execute any deed or deeds and do such other matter as may be required to be done on behalf of the corporation but it shall not be 976 SAINT ANDEEWS COLLEGE. 45 Victoria, necessary to use the said seal in respect of the ordinary business of the corporation nor for the appointment of their secretaries solicitor or other officers. Certified copy of rules and by- laws to be evidence. Elections not made in due time may be made subse- quently. Secretary may represent corpor- ation lor certain purposes. 9. The production of a printed or written copy of the rules and by-laws of the corporation certified in wriiing by the secretary or one of the secretaries as the case may be to be a true copy and having the common seal of the corporation affixed thereto shall be conclusiye evidence in all Courts of such rules and by-laws and of the same having been made under the authority of this Act. 10. Li case any of the elections directed by the rules and by-laws for the time being of the corporation to be made shall not be made at the times required it shall nevertheless be competent to the Council or to the members as the case may be to make such elections respectively at any ordinary meeting of the Council or at any annual or special general meeting held subsequently. 11. The secretary or either one of the secretaries may represent the corporation in all legal and equitable proceedings and may for and on behalf of the corporation make such affidavits and do such acts and sign such documents as are or may be required to be done by the plaintiff or complainant or defendant respectively in any proceedings to which the corporation may be parties. SAINT ANDREW'S COLLEGE. Preamble. siVicTOBiA. An Act to incorporate Saint Andrew's College as a College within the University of Sydney. [12th December, 1867.] WHEEEAS by Act eighteenth Victoria number thirty-seven pro- vision has been made for encouraging and assisting the estab- lishment of colleges within the University of Sydney and whereas it is proposed to institute and endow such a college within said Univer- sity to be called Saint Andrew's College wherein may be afforded to Presbyterian and other students residence and domestic supervision with systematic religious instruction in accordance with the principles of the Presbyterian Church of New South Wales and also efficient tutorial assistance in their preparations for the University lectures and examinations and whereas it is expedient that the said college be incor- porated 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. So soon as it shall be made to appear to the satisfaction of the G-overnor that a sum of not less than ten thousand pounds has been subscribed for the endowment aforesaid and that the amount has either been paid or secured to be paid for that purpose in accordance with section two of eighteenth Victoria number thirty-seven and that a Principal and twelve Councillors for the government of the said college in accordance with the constitution thereof as in this Act set forth have been duly elected and appointed the same shall be notified by proclamation in the New South "Wales Government Gazette under the Saint Andrew's College incor- porated. SAINT ANDEEW'S COLLE&E. 977 haud of the Grovemor and immediately upon sucli notification and from 31 Victoeia. thenceforth the Principal and Councillors of the said college shall he and they are hereby constituted a body politic and corporate by the name of the Principal and Councillors of Saint Andrew's College by which name the said incorporated body shall have perpetual succession and a common seal and shall sue and be sued or otherwise appear and answer and be answered and may take and hold to them and to their successors by grant will or otherwise in perpetuity or for any term of life or years as well chattels and other personal property as lands buildings and hereditaments and the same or any part thereof may alien or otherwise dispose of or demise and also shall or may do all other things incident or appertaining to a body politic or corporate. 2. Provided always that it shall not be lawful for the said corpor- Restraining dis- ation or any person or persons seized of or entitled to lands in trust derived' from the for the corporation or for college purposes to alienate mortgage charge Crown. or demise any .lands or hereditaments granted to or in trust for the corporation or for college purposes by Her Majesty or her successors without the consent in writing of the G-overnor with the advice of the Executive Council for the time being. 3. The Principal who shall also be a councillor and shall always be a Constitution of duly ordained Presbyterian minister holding and prepared to subscribe """"^ ' (when called on so to do) the standards of the Presbyterian Church of New South Wales shall be chosen and appointed by the said twelve councillors of whom four but not more shall be ordained ministers of the Presbyterian Church of New South "Wales and all tutors and pro- fessors in the college shall be chosen and appointed by said Principal and councillors. 4. The Principal and said twelve councillors for the time being of Powers oi whom five shall be a quorum shall together form a Council to be called ''°"°'^''' the Council of Saint Andrew's College in which shall be vested at all times the government in every respect of the college and all matters relating thereto No temporary vacancy or vacancies in the oiEce of Principal or in the number of councillors of the college shall be deemed in any way to affect the constitution of the college or its privileges or status as an incorporated body. 5. The first twelve councillors shall be elected by the subscribers to Mode of election the funds of the college every subscriber of one pound paid to have ° °°™° °"' one vote every subscriber of ten pounds to have two votes every sub- scriber of twenty-five pounds three votes and every subscriber of fifty pounds or upwards to have four votes all such votes to be given by ballot and subscribers not present at any meeting for such purpose who may authorize in writing any other subscriber shaU be allowed to vote by proxy. 6. AH future vacancies either in the ofi&ce of Principal or in the Vacancies how number of councillors shall be filled up by election by the remaining ^ "^" councillors and such graduates of the University as still continue on the books of the college Provided always that no person shall be deemed eligible as a councillor who is not a member of the Presby- terian Church of New South "Wales. 7. The Moderator for the time being of the G-eneral Assembly of visitor, the Presbyterian Church of New South "Wales shall be the visitor of the college and shall have the right to visit the college at any time to examine into the manner in which it is conducted and to see that its laws and regulations are duly observed and executed. 3q 978 SAINT ANDEEWS PAESONAGE. 31 ViCTOBIA. Kemoval and suspension. Power of making by-laws. Residence after graduation. Deed of grant how to be con- strued. 8. The Principal and professors or tutors shall be liable respectively to removal or suspension for a sufficient cause bj the Council subject to an appeal to the visitor in any case involving the moral character of any of them Provided that if the ground of complaiat shall con- cern the theological or religious doctrines or teaching of the Principal and tutors or professors or any of them the councillors shall not adjudi- cate thereon but shall remit the same for trial to the Presbytery of Sydney subject to an appeal to the General Assembly of the Presby- terian Church of New South Wales. 9. The Council of the college shall have power from time to time to make and establish all such by-laws and rules for carrying into effect the several provisions and objects of this Act as to the said Council shall seem expedient and such laws and rules from time to time to alter and revoke or to substitute others in their places Provided that every such by-law and rule shall be transmitted to the Governor within thirty days after being made to be by him laid before the Houses of Parliament of the Colony as soon as conveniently may be thereafter. 10. The College of Saint Andrew's hereby incorporated shall be a college of and within the University of Sydney and all students in the college shall immediately upon entering therein matriculate in the said University and shall be subject to the discipline thereof and shall be required duly and regularly to attend the lectures of the University on those subjects an examination and proficiency in which are required for honors and degrees with the exception (if thought fit by the Council) of the lectures on ethics metaphysics and modem history But students after taking their degrees at the University may continue in the college for a period not exceeding four years for the purpose of prosecuting such branches of learning as may not be taught in the University. 11. And whereas in the deed of grant to the University of Sydney of land in trust for certain colleges when the founders of the same shall have complied with the conditions of public endowment as therein mentioned a portion of the said land is vested in the Senate of the University in trust for a college in connection with the Church of Scotland the phrase "Church of Scotland" shall be understood to. signify the Presbyterian Church of New South "Wales., SAINT ANDEEWS PARSONAGE SALE. Preamble. 34VICT0BIA. An Act to authorize the Sale of St. Andrew's Parsonage in the City of Sydney. [10 May, 1871.] WHEEEAS by a deed of grant bearing date the fourth day of April one thousand eight hundred and seventy Her Majesty Queen Victoria did grant unto the Eight Eeverend Frederick Barker Doctor of Divinity the Lord Bishop of Sydney and his successors Bishops of Sydney for ever as sole trustees nominated and appointed under and by virtue of an Act of the Governor and Legislative Council made and passed in the eighth year of the reign of His late Majesty King "William the.Eourth intituled An Act to regulate the temporal SAINT ANDREWS PARSONAaE. 979 affairs of Churches and Chapels of the United Church of England and 3i Victoeia. Ireland in New South "Wales subject to the trusts conditions reserva- tions and provisoes thereinafter contained all that piece or parcel of land containing by admeasurement thirty-four perches be the same more or less situated in the county of Cumberland parish of Saint Andrew city of Sydney part of allotment five of section nine com- mencing at the south-western corner of allotment four and bounded thence on the south by part of the northern boundary-line of allotment three bearing south eighty degrees west thirty -five links and thence by part of the northern boundary-line of allotment six bearing south eighty-two degrees fifteen minutes west ninety-two links on the west by a line dividing it from an allotment of one rood and eight perches part of allotment five bearing north fifteen minutes west one chain and sixty-five links to Liverpool-street on the north by the southern building-line of that street bearing easterly one chain and forty-two links and on the east by the western boundary-line of allotment four aforesaid bearing south five degrees thirty minutes west one chain and fifty-two links to the point of commencement with all the rights and appurtenances whatsoever thereto belonging upon trust for the appro- priation thereof as a site of a dweUing-house garden and other appur- tenances for the clergyman duly appointed to officiate in the Church of the United Church of England and Ireland erected at Sydney and known as Saint Andrew in conformity with the provisions of the said Act and of a certain other Act of the Governor and Legislative Council made and passed in the seventh year of the reign of his said late Majesty King William the Fourth intituled An Act to promote the building of Churches and Chapels and to provide for the maintenance of Ministers of Religion in New South "Wales so far as the same may apply to the trusts of the said grant and for no other purpose whatsoever And whereas the said church of Saint Andrew is now the Cathedral Church of Saint Andrew And whereas the said parcel of land is inconveniently situated and the building erected thereon unsuitable for the residence of the chief officiating minister of the said Cathedral Church And it it is deemed expedient to sell the said land and to apply the proceeds arising from such sale in or towards the erection of a suitable residence for the chief officiating minister of the said Cathedral Church of Saint Andrew within the said Cathedral Close 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 ParKament assembled and by the authority of the same as f oUows : — 1. The said Bishop of Sydney or his successors Bishops of Sydney may Trustee author- sell and dispose of the said parcel of land hereinbefore described by '^^d '« ^eii. public auction or private contract either in one lot or in several lots as the said Bishop of Sydney or his successors Bishops of Sydney shall think most expedient for such price as can be reasonably had or obtained for the same and may convey the same or any part thereof when sold to the purchaser and thereupon the same shall vest absolutely in the said purchaser his heirs and assigns freed and discharged from the said trusts affecting the same and the receipt in writing of the said Bishop of Sydney or his successors Bishops of Sydney shall absolutely discharge the purchaser of the said land or any part thereof from the purchase money payable by him and shall exonerate him from seeing to the application of the said purchase money and from all liability as to the misapplication or non-application thereof. 980 SAINT GEOHaE'S PEESBTTEEIAN CHTIECH. 34 ViCTOElA. Trustee to stand possessed of proceeds for the erection of suitable resi- dence. OfBciatinff Minister of Cathedral to have right to occupy resi- dence. 2. The said Bishop of Sydney and his successors Bishops of Sydney- shall stand possessed of all moneys arising from such sale as aforesaid upon trust to apply the same in or towards the erection upon a- portion of the land granted for the use of the said cathedral or partly upon the said land and partly upon the land described in the Schedule to the Act thirty -four Victoria number six of a suitable residence with the appurtenances thereunto belonging as a residence for the clergy- man duly appointed to officiate in the said Cathedral Church of Saint Andrew" in the said city of Sydney and the receipt in writing of any person to whom any moneys shall be paid under the provisions of this Act shall be a valid and complete discharge to the said Bishop of Sydney or his successors Bishops of Sydney for such moneys. 3. The person for the time-being duly licensed and appointed by the Bishop of Sydney to be the officiating minister of the said Cathedral Church of Saint Andrew shall be entitled to freely use have possess and enjoy the said residence so to be erected as aforesaid with the appurtenances without any hindrance or interruption from or by any person whomsoever but subject to the provisions of the Act of the Legislature of New South "VVales first hereinbefore recited. ST. GEOUGE'S PRESBYTERIAN CHURCH. Preamble. Grant of 29th December 1871. 36VICTOKIA. An Act to enable the Trustees of certain land in Harrington-street in the City of Sydney granted by the Crown for the erection thereon of a Presby- terian Church to sell the said land and apply the pro- ceeds in or towards satisfaction of the debt existing on St. George's Church in Castlereagh -street Sydney aforesaid being a Presbyterian Church in connection with the Synod of Eastern Australia. [9 August, 1872.] WHEREAS by a Crown grant under the hand of His Excellency Somerset Eichard Earl of Belmore G-overnor of the Colony of New South "Wales and the seal of the said Colony dated the twenty- ninth day of December in the year one thousand eight hundred and seventy-one the said G-overnor did grant unto Peter Stewart John Macdonald Eobert Campbell James Cameron William Buyers Duncan St. Clare Maclardy James Ewan and Duncan Kennedy Mclntyre all of Sydney in the said colony being respectively trustees nominated and appointed under and by virtue of an Act of the Governor and Legislative Council of the said Colony made and passed in the eighth year of the reign of His late Majesty King "William IV intituled An. Act to regulate the temporal afEairs of Presbyterian Churches and Chapels connected with the Church of Scotland in the Colony of New South "Wales and to their heirs and assigns All that piece or parcel of land in the said Colony containing by admeasurement twenty perches be the same more or less situated in the county of Cumberland and parish of St. Phillip city of Sydney allotment three A of section eighty- four commencing on the eastern building-line of Harrington-street at a point bearing easterly and distant ten links and one-half of a link from 8 William IV No. 7. SAINT GEOEGE'S PEESBTTEEIAN CHUECH. 981 the soutli-"western corner of allotment ttree of sixteen perches and one- 36 Victokia. half of a perch and bounded thence on the west by that building-line bear- ing southerly one chain and twenty-one links on the south by part of the northern boundary -line of allotment four of nineteen perches and one- half of a perch bearing easterly one chain and eight links on the east by part of the western boundary-line of allotment nine of thirteen perches bearing northerly forty-three links and thence by a line bearing north two degrees west seventy-six links and on the north by part of the southern boundary-line of allotment three aforesaid bearing westerly one chain to the point of commencement as per plan written in the margin of the now reciting grant To hold the same unto the said trustees their heirs and assigns for ever upon trust for the erection thereon of a Presbyterian Church under the superintendence of the Synod of Australia in connection with the Established Church of Scotland in conformity with the provisions of the said Act and of a certain other Act of the Governor and Legislative Council of the said Colony made and passed in the seventh year of the reign of His said late Majesty King William the Eourth intituled An Act to promote the Building of Churches and Chapels and to provide for the main- tenance of Ministers of Eeligion in New South Wales so far as the same may apply to the trusts of the now reciting grant and for no other purpose whatsoever And whereas the trust upon which it was intended that the said land should be held was erroneously stated in the said grant and should have been expressed to be upon trust for the erection of a Presbyterian Church in connection with the Synod of Tlastern Australia And whereas a Presbyterian Church in connection with the said Synod of Eastern Australia called or known as St. George's Church has for many years been erected upon a site in Castlereagh- street in Sydney aforesaid which church and site were by an indenture dated on or about the thirtieth day of July one thousand eight hundred and fifty-nine conveyed by one Gregory Board to William Manson William Buyers John McDougall John Cameron John McDonald James Cameron John Moon John Liddell Sheriff Eobert Campbell Peter Stewart and Alexander Learmonth as trustees and are now subject to a certain mortgage to John Bayley Darvall dated on or about the first day of August one thousand eight hundred and fifty-nine whereon there is due a considerable sum of money for principal and which said mortgage was transferred to Mrs. Mary Ann Burdekin And whereas the said Peter Stewart John McDonald Eobert Campbell James Cameron William Buyers Duncan St. Clare Maclardy James Ewan and Duncan Kennedy Mclntyre are the present trustees of the said St. George's Church and site And whereas the said land so granted as aforesaid is inconveniently situated and ineligible for the purpose of the said trust and it is •deemed expedient to sell the same and apply the proceeds in manner hereinafter mentioned 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. It shall be lawful for the said Peter Stewart John McDonald Power to sell Eobert Campbell James Cameron William Buyers Duncan St. Clare f^„^d'™°''" ""* Maclardy James Ewan and Duncan Kennedy Mclntyre or the sur- vivors or survivor of them or the trustees or trustee for the time heing of the said land so granted as aforesaid to sell and dispose thereof by public auction or private contract and either in one lot or in several Treasurer. 982 SAINT JOHN'S COLLEGE. 36 Victoria, lots as the said trustees or trustee stall think most expedient for such price or prices as can be reasonably had or obtained for the same and when sold to conyey or transfer the same premises or any part or parts thereof to the purchaser or purchasers thereof and thereupon the same shall vest absolutely in the said purchaser or purchasers his her or their heirs and assigns freed and discharged from all trusts affecting the said land or any part thereof. Proceeds of Bale 2. The clear moneys to arise from the sale of the said land after the''hSsof*the Payment of the necessary expenses incurred in or about such sale or Colonial sales shall be paid into the hands of the Colonial Treasurer for the time being to the credit of the said trustees or the survivors or survivor of them and the receipt of the said Colonial Treasurer shall be a sufiicient discharge to the purchaser or purchasers of the said land or any part or parts thereof and shall wholly exonerate him her or them from seeing to the application thereof and from all liability as to the misapplication or non-application thereof. Power to apply 3. It shall be lawful for the said trustees or the survivors or sur- Fn°nquidation^of vivor of them or the trustees or trustee for the time being of the on'^st^'oeor^e'"^ ^^^^ ^*' Grcorge's Church and they and he are hereby authorized and Presbyterian empowered to apply the moneys which may be raised or received by or Church. from sale of the said land or any part thereof in paying ofi or reducing the said mortgage now existing on the said St. George's Church Pro- vided always that the said church and the site thereof with the ap- purtenances thereto when such mortgage is discharged shall vest in the said Peter Stewart John Macdonald Robert Campbell James Cameron William Buyers Duncan St. Clare Maclardy James Ewan and Duncan Kennedy Mclntyre or the survivors or survivor of them their or his heirs and assigns as trustees or trustee for a Presbyterian Church in connection with the said Synod of Eastern Australia. Drafts or orders 4. The drafts or Orders of the said trustees named in the said grant toexreratTco' °^ «* ^^6 Said St. George's Church or any three of them on the Colonial loniai Treasurer. Treasurer purporting to be for both or either of such last-mentioned purposes and to be drawn by such trustees as such shall be sufficient discharges to the said Colonial Treasurer for all and every sums and sum of money as shall be therein expressed and as shall have been paid in pursuance thereof and the said Colonial Treasurer shall not be re- sponsible in respect of any misapplication or non-application of any money so paid by him on any such draft or order. SAINT JOHN'S COLLEGE INCORPORATION. 21 VicTOKiA. An Act to incorporate St. John's College as a College within the TJniversity of Sydney. [15 December, 1857.] W Preamiie. -YTTHEREAS considerable funds have been subscribed for the in- VV stitution and endowment in the Archdiocese of Sydney of 9, Eoman Catholic College within the University of Sydney to be called " The College of Saint John the Evangelist " wherein the students shall receive systematic religious instruction and be brought up in the {a) Vide 18 Vic. No. 37 amended by 22 Vio. No. 8. SAINT JOHN'S COLLEQE. 983 doctrines and discipline of the Eoman Catliolic Clinrcli and provision 21 Victoeia. be made for the residence of the students and their preparation for the University lectures and examinations under collegiate control And whereas it is expedient that the said college should be incorpo- rated 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. So soon as it shall be made to appear to the satisfaction of the Saint John's Grovernor that a sum of not less than ten thousand pounds has been ported. "'°° subscribed or contributed for the endowment aforesaid and that the amount has either been paid or secured to be paid for that purpose and that a rector and eighteen fellows for the government of the said college in accordance with the constitution thereof as in this Act set forth have been duly appointed and elected respectively the same shall be notified by proclamation in the New South Wales Grovernment Gazette under the hand of the Grovernor and immediately upon such notification and from thenceforth the rector and fellows of the same college shall be and they are hereby constituted a body politic and corporate by the name of " The Hector and Eellows of Saint John's College " by which name the said incorporated body shall have per- petual succession and a common seal and shall sue and be sued or otherwise appear and answer and be answered and may take and hold to them and their successors by grant will or otherwise in perpetuity or for any term of life or years as well chattels and other personal property as lands buildings and other hereditaments and the same or any part thereof may alien or otherwise dispose of or demise and also shall or may do all other things incident or appertaining to a body politic and corporate. 2. Provided always that it shall not be lawful for the said corporation Eestraining dis- or any persons or person seized of or entitled to lands in trust for the j^^i^om the^" corporation or for the purposes of the College to alienate mortgage Crown. charge or demise any lands or hereditaments granted to or in trust for the corporation or for college purposes by Her Majesty or her successors without the consent in writing of the Grovernor with the advice of the Executive Council for the time being. 3. The said body politic or corporate shall consist of a rector and Rector and eighteen fellows of whom six shall always be duly approved priests and st'tuto a"*^™' twelve shall be laymen which said eighteen fellows shall appoint the oouncu. rector who shall not be one of themselves and the rector and fellows for the time being shall together form a council to be called the Coun- cil of Saint John's College in which shall be vested at all times the government in every respect of the college and all matters relating thereto. 4. The Eoman Catholic Archbishop of Sydney shall be visitor of the visitor, college with all such powers as by law appertain to the oifice of visitor of a college. 5. The rector shall always be a duly approved priest and the Council Reotorand vice- shall have power to appoint a vice-rector who shall in the rector's "^^"'o'- absence have all the powers and discharge all the duties of rector. 6. The rector and vice-rector shall be respectively liable to removal Removal or or suspension for sufficient cause by the fellows subject to an appeal aspens"""- to the visitor. 984 SAINT JOHN'S COLLE&E. 21 ViCTOEIA. Vacancies. Election o£ fellows. Saint John's College to be a college of and within the University. Power to make by-laws. 7. All vacancies in tlie office of rector or in the number of fellows occasioned by death resignation or removal or other cause shall as soon as conveniently may be after the vacancy (on notification of the fact under the hand of two fellows) be supplied in the manner following that is to say in the office of rector by the fellows and in the place or post of fellow by the remaining fellows. 8. Provided that the first eighteen fellows shall be elected by the subscribers to the funds of the college at a meeting of the subscribers to be convened by the visitor by notice in one or more newspapers published in Sydney at least one fortnight before the day appointed for such meeting and that all vacancies in the number of fellows so soon as there shall be twenty members of the college who are gradu- ates of the University continuing on the books of the college shall be supplied by the remaining fellows and the said graduates in such man- ner as the council may appoint. 9. The college of Saint John hereby incorporated shall be a college of and within the University of Sydney and all students in the college shall immediately upon ente];ing therein matriculate in the said Uni- versity and shall thereafter continue to be members thereof and submit and be subject to the discipline thereof and shall be required duly and regularly to attend the lectures of the University on those subjects an examination and proficiency in which are required for honors and degrees with the exception (if thought fit by the council) of the lectures on ethics metaphysics and modern history. 10. The council of the college shall have power from time to time to make and establish all such by-laws and rules for carrying into effect the several provisions and objects of this Act and particularly for declaring the causes which shall create vacancies in the office of fellow and directing who shall preside at meetings of the council and of the fellows and for the management of the college and prescribing the duties of the several officers thereof and of the rector and vice-rector and the ordering of all things in and connected with the college and the discipline thereof as to the said council shall seem expedient and such laws and rules or any of them from time to time to alter or revoke or to substitute others in their place. 11. Provided that every such by-law and rule shall be transmitted to the Governor within thirty days after being made to be by him laid before the Houses of Parliament of the Colony as soon as conveniently may be thereafter. 12. Provided also that the rector or vice-rector of the college subject only to the laws and rules so made shall have the general superintend- ence and control of the students and of the institution. Vote and quo- 13. The votes at all meetings of the council (except votes for the rum at meetings, appointment of a rector) shall be taken exclusively of the person pre- siding unless there shall be an equality of votes in which case he shall have a casting vote and in every case where all the fellows resident within fifty miles of Sydney entitled to attend shall have had notice of the time and place of intended meeting one clerical and two lay mem- bers of the council with the rector shall constitute a meeting of the council and the votes and proceedings of the majority at any such meeting shall be taken and accepted as the votes and proceedings of the council or fellows respectively. By-law3 to be laid before Parliament. Control over students. SAINT JOHN'S PAESONAGE. 985 14. Proyided that it stall he lawful for tbe council by any by-law 21 Victokia. or by-laws to alter the mode of supplying vacancies in the oifice of Special power by- fellows by ordaining and appointing that such vacancies until twenty by-'*™- graduates have become qualified as electors shall be supplied by the remaining fellows and the graduates (continuing on the books of the College) jointly. 15. No temporary vacancy or vacancies in the office of rector or in Temporary the number of fellows of the college shall be deemed in any way to ™g™^J?g "^e '" affect the constitution of the college or its privileges or status as an corporation, incorporated body. SAINT JOHN'S PARSONAGE. An Act to authorize the erection of a Parsonage on a so Victoeia. portion of the land granted for Saint John's Church Darlinghurst in the city of Sydney. [12 Septem- ber, 1866.] WHBEEAS by a deed of grantbearing date the twenty-eighth day Preamble, of October in the year of our Lord one thousand eight hun- dred and fifty-seven under the Great Seal of the Colony Her Majesty Queen Victoria did grant unto the Eight Eeverend Prederick Barker Doctor in Divinity the Lord Bishop of Sydney and his successors Bishops of Sydney for ever as sole trustee nominated and appointed under and by virtue of an Act of the Governor and Legislative Council of New South Wales made and passed in the eighth year of the reign of His late Majesty King William the Fourth intituled An Act to regulate the temporal affairs of churches and chapels of the United Church of England and Ireland in New South Wales subject to the trusts conditions reservations and provisoes therein- after contained All that piece or parcel of land in the said Colony containing by admeasurement three roods thirty-seven perches and three-quarters of a perch be the same more or less situated in the county of Cumberland and parish of Alexandria city of Sydney at Darlinghurst commencing on the west side of Victoria-street at the south-east corner of the Church of England school allotment and bounded on the east by Victoria-street bearing south three chains and eighty links on the south by a line bearing west two chains fifty -nine and one-half links to Brougham-street on the west by Brougham-street bearing north three chains and eighty links and on the north by the south boundary of the school allotment aforesaid being a line bearing east two chains fifty-nine and one-half links to the point of commence- ment with all the rights and appurtenances whatsoever thereto belong- ing to hold unto the said Eight Eeverend Frederic Barker the Lord Bishop of Sydney and his successors Bishops of Sydney for ever yielding and paying therefor yearly unto Her Majesty her heirs and successors the quit-rent or sum of one farthing for ever if demanded upon trust for the erection thereon of a church of the United Church of England and Ireland as by law established in conformity with the provisions of the said Act and of a certain other Act of the Governor 986 SAINT JOHN'S PAESONAGB. SO^VicTOEiA. and Legislative Council of the said Colony made and passed in the seventh year of the reign of His said late Majesty Eing William the Pourth intituled Aji Act to promote the building of Churches and Chapels and to provide for the maintenance of Ministers of Eeligion ia New South Wales so far as the same may apply to the trusts of the said grant and for no other purpose whatsoever And whereas a com- modious church has been erected upon a portion of the said land which is called and known as Saint John's Church And whereas there is sufficient space upon the unoccupied portion of the said land which is described in the Schedule hereto for the convenient erection of a par- sonage or dwelling-house for the use of the minister for the time being duly licensed to officiate in the said church under and in accordance with and subject to the provisions of the said Act eighth William the Pourth number five and it is expedient that a parsonage should be erected upon such last-mentioned portion 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 : — Trustees author- 1. It shall be lawful for the trustee for the time being of the said paraon^'e on pai'cel of land and of the church thereon erected to erect or permit to land described in be erected upon that portion of the said land described in the Schedule hereto a parsonage or dwelling-house for the use of the minister for the time being duly licensed to officiate in the said church under and subject to and in accordance with the provisions of the Act eighth William the Eourth number five anything in the said grant to the contrary notwithstanding And such minister shall have the same rights and privileges with respect to the said parsonage and the appur- tenances thereof as if the said parcel of land described in the said Schedule had been granted upon trust for the erection of a parsonage under and subject to the provisions of the said last-mentioned Act. 2. This Act shall be styled and may be cited as " Saint John's Parsonage Act of 1866." the Schedule hereto. Short title. SCHEDULE HEEEINBEFOEE EEEEREED TO. All that piece or parcel of land situate in the county of Cumberland and parish of Alexandria city of Sydney at Darlinghurst in the Colony of New South Wales commencing at the south-west corner of the land described in the grant in this Act above recited and bounded on the south by a line bearing east one hundred and seventy feet being the southern boundary of the said grant on the east by Victoria- street being a line bearing north one hundred and seven feet on the north by other portion of the said grant whereon Saint John's Church is erected being a line bearing west one hundred and seventy feet and on the west by Brougham-street being a line bearing south one hundred and seven feet to the point of commence- ment. 987 SAINT JOHN'S CHTJUCH LEASING. An Act to enable the Trustees of a certain parcel of land 48 Victoeia. situate in Market Church and Short Streets in the town of Mudgee granted upon trust for the erection thereon of a Church of the United Church of England and Ireland and of a Schoolhouse and Parsonage in connection therewith to lease certain portions of such land and to apply the rents and profits arising therefrom. [31 October, 1884.] WHEREAS by a deed of grant bearing date tte nineteentb. day of Preamble. October a.d. one tbousand eight hundred and forty-three Her Majesty Queen Victoria did grant unto the Eight Eeverend William Grrant Broughton Bishop of Australia George Cox and Nelson Sum- mons Lawson trustees appointed under and by virtue of the Act eighth "William the Eourth number five intituled An Act to regulate the temporal affairs of churches and chapels of the United Church of England and Ireland in New South "Wales and to their heirs and assigns all that piece or parcel of land in the territory of New South "Wales containing by admeasurement two acres and two roods be the same more or less situate in the county of "Wellington parish and Tillage of Mudgee commencing at the angle formed by Short-street with the north-western extremity of Church-street and bounded on the north by a line west five chains in Short-street on the west by a line south five chains to Market-street on the south by a line east five chains to the corner of Market-street and Church-street and on the east by a line north five chains in Church-street to the point of com- mencement to hold the same unto the said Bishop of Australia G-eorge Cox and Nelson Summons Lawson their heirs and assigns for ever upon trust for the erection thereon of a church of the United Church of England and Ireland as by law established and also for the site of a schoolhouse in connection with the said church and also for a parsonage for the clergyman duly licensed for the said church And whereas the church of Saint John at Mudgee and also a schoolhouse in connection with such church and a parsonage for the clergyman duly licensed for the said church were erected upon certain portions of the land com- prised in the said recited grant And whereas the said Eight Eeverend "William Grant Broughton George Cox and Nelson Summons Lawson are all long since dead and the Honorable George Henry Cox and Eobert Hoddle Driberg "White are now the trustees of the said parcel of land and the same is now vested in them upon the trusts and to and for the ends intents and purposes expressed and declared of and con- cerning the same in and by the hereinbefore recited grant And whereas the portion of land firstly described in the Schedule hereto (being part of the land comprised in the said recited grant) was formerly used and occupied for the purposes of a school in connection with the said church and play-ground and teacher's residence in connection there- with but the said school has been for some time past closed and the said land is not now required for any of the purposes named in the said grant and it is expedient that the said trustees thereof should have power to lease the same And whereas a parsonage was erected upon 988 SAINT JOHN'S CHrECH LEASING. Tnisteea may grant leases. 48 VicTOKiA, the parcel of land secondly described in the Schedule hereto (being other portion of the land comprised in the said recited grant) and such parsonage is now old and out of repair and is for other reasons now unsuited for the purpose of a parsonage and it is expedient that the said trustees should also have power to lease the said parcel of land secondly- described in the Schedule hereto and to apply the rents and profits arising from the said parcels of land as hereinafter provided 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. It shall be lawful for the said Honorable George Henry Cox and Eobert Hoddle Driberg White or the survivor of them or other the trustees for the time being of the parcel of land comprised in the here- inbefore recited Crown grant to lease either the whole or any part or parts of the parcels of land described in the Schedule hereunder written to any person or persons for any term of years not exceeding fifty years in possession and not in reversion and either uijon building leases or otherwise so as thero be reserved in every such lease the best yearly rent that can be reasonably obtained for the same without any fine or foregift for the making thereof and so that there be contained in every such lease a condition of entry by the lessors for non-payment of rent or non-performance of covenants by the lessee within a reason- able time to be therein specified and so that the lessee do execute a counterpart and do thereby covenant for payment of the rent thereby reserved and be not by any express words therein made dispunishable for waste Provided that it shall be lawful for the lessors in any such lease if they shall think fit to reserve a small rent during the first ten years or any less portion of the term thereby created in consideration of the said lessee covenanting to erect buildings on the land demised and an increased rent or increased rents thereafter. 2. The said Honorable G-eorge Henry Cox and Robert Hoddle Driberg "White or the trustees for the time being of the said parcels of land described in the Schedule hereto shall stand possessed of the rents and profits and annual income arising therefrom upon such trusts and for such uses ends intents and purposes for the benefit of the parish of Saint John at Mudgee as the said trustees and the church- wardens for the time being of the Church of Saint John at Mudgee or a majority of them (with the consent of the Bishop for the time being of the Diocese of Bathurst) shall determine with power to apply the same or any part thereof in and towards the erection of a parsonage in connection with the said church upon any other portion of the land comprised in the before-recited Crown grant. 3. This Act may be cited as the " Saint John's Church Leasing Act of 1884" Application of proceeds. Short title. THE SCHEDULE HEEEINBEPOEE EEEEEEED TO. Firstly — All that piece or parcel of land situate in the town and parish of Mudgee county of Wellington and Colony of New South Wales Commencing at the intersection of the north side of Market-street with the west side of Church- street and bounded thence on the east by the western side of Church-street being a line bearing northerly to Short-street on the north by the south side of Short- street being a line bearing west sixty-six feet on the west by a line bearing south to Market-street and on the south by the north side of Market-street being a line bearing east sixty-six feet to the point of commencement. SAINT LEONAED'S EOMAN CATHOLIC SCHOOL. 989 Secondly — All that parcel of land situate in the town and parish aforesaid 48 Victokia. Commencing at the intersection of the north side of Market-street with the eastern side of a lane separating the Church property from the Town Hall property and bounded thence on the soiith by the northern side of Market-street being a line bearing east ninety-nine feet on the east by a line bearing north to Short-street on the north by the south side of Short-street being a line bearing west ninety-nine feet to the lane aforesaid and on the west by the east side of that lane being a line bearing south to the point of commencement. ST. LEONARD'S ROMAN CATHOLIC SCHOOL LAND SALE. An Act to enable the Most Reverend Roger Bede 43 Victoria. Vaughan the Reverend Joseph Dalton and the Reverend James Kennedy as Trustees of certain land situated in the Borough of St. Leonards to sell the said land and to provide for the appropria- tion of the proceeds thereof. [29 January, 1880.] WHBEEAS by a conveyance bearing date the seventeenth day of Preamble. May in the year of our Lord one thousand eight hundred and sixty-five and made between Thomas John Pisher of the one part and the Most Eeverend John Bede Folding the Very Eeverend Peter Powell and Thomas Cooper Makinson of the other part the land speci- fied in the Schedule hereto was conveyed and assured unto the said John Bede Folding Peter Powell and Thomas Cooper Makinson their heirs and assigns upon trust for the erection thereon of a school for the education of Eoman Catholic children And by the said indenture it was declared that if the said trustees or any of them or any trustee or trustees to be appointed as thereafter was mentioned should die or desire to be discharged or refuse or become incapable to act then and in every such case and so often the surviving or continuing trustees or trustee or the acting executors or administrators of the last surviving trustee might appoint any other person or persons to be a trustee or trustees in the stead of the trustee or trustees so dying or desiring to be discharged or refusing or becoming incapable to act And whereas the said Most Eeverend John Bede Folding and the said Very Eeverend Peter Powell have since both departed this life And whefeas afterwards the said Thomas Cooper Makinson being desirous of being discharged from the trusts of the said indenture of the seventeenth day of May one thousand eight hundred and sixty-five by deed of appointment bearing date the ninth day of January in the year of our Lord one thousand eight hundred and seventy-nine did in exercise of the said power appoint the Most Eeverend Eoger Bede Vaughan Eoman Catholic Archbishop of Sydney and the Eeverend Joseph Dalton and the Eeverend James Kennedy Clerks in Holy Orders trustees of the said indenture of the seventeenth day of May one thousand eight hundred and sixty-five and did convey and assure the said land to the said Eoger Bede Vaughan Joseph Dalton and James Kennedy and their heirs upon the trusts declared in and by the said indenture And whereas a school has been built on the said land but the said land and the said school thereon are by reason of insufiieient size and the increase of 990 SAINT LEONAED'S EOMAN CATHOLIC SCHOOL. Trustees authorized to sell. 43 Victoria, population in the said borough, inadequate to supply the requirements of the Eoman Catholic children of the locality And it is expedient that the said land and school-house should he sold and that the pro- ceeds to arise from 3uch sale should be applied in or towards the pur- chase of another piece of land in the said Borough of St. Leonards in a more suitable position as a site for a Eoman Catholic school-house and the erection of such school-house thereon and for other the pur- poses hereinafter mentioned 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. After the passing of this Act it shall be lawful for the said Eoger Bede Vaughan Joseph Dalton and James Kennedy hereinafter styled trustees their heirs or assigns or other the trustees for the time being of the said indenture of the seventeenth day of May one thousand eight hundred and sixty -five to sell and dispose of the said land speci- fied in the Schedule hereto by public auction or private contract and either in one lot or in several lots as they shall deem most expedient for such price or prices as can be had or obtained for the same and when sold to convey the same or any part or parts thereof to the pur- chaser or purchasers in fee-simple freed and discharged from the said trusts affecting the same and the receipt in writing of the said trustees their heirs or assigns shall absolutely discharge the purchaser or pur- chasers of the said land or any part or parts thereof from the purchase money payable by him or them respectively and shall exonerate him or them from seeing to the application of the said purchase money and from all liability as to the misapplication or non-application thereof. 2. The said trustees their heirs or assigns shall stand possessed of all moneys arising from any and every such sale or sales as aforesaid upon trust to apply the proceeds of such sale in or towards the pur- chase of another piece of land in the said Borough of St. Leonards as a site for the erection of a Eoman Catholic school-house thereon and to apply the remainder of the said moneys if any which shall not be required for the purposes aforesaid in or towards the erection of a Eoman Catholic school-house upon the land to be purchased as afore- said And the receipts of any person or persons to whom any moneys shall be paid under the provisions of this Act shall be a valid and com- plete discharge to the said trustees their heirs or assigns for such moneys. SCHEDULE. All that parcel of laud containing by admeasurement one rood and six perches- more or less being portion of allotment number five of section number four of the town of St. Leonards in the parish of Willoughby in the county of Cumberland and Colony of New South Wales commencing on the south side of Mount-street at the north-east corner of the land now described and bounded on the east by a line southerly at right angles to Mount-street one hundred and thirty-two feet on the south by a line westerly at right angles to the eastern boundary ninety-five feet to the east side of William-street on the west by one hundred and thirty-two' feet of that street bearing northerly to its junction with Mount-street and on the north by that street bearing easterly ninety-five feet to the point of commencement. Application of proceeds. 991 SAINT MAEK'S ALEXANDEIA SCHOOL SITE. An Act to enable the Trustees of the Glebe of Saint 19 Victoeia. James' Church Sydney to convey a portion thereof to the Trustees of Saint Mark's Church Alexandria (North) near Sydney as a site for the erection there- on of a School and a Schoolmaster's Eesidence. [13 December, 1855.] WHESEAS a churcli of tte United Church of England and Ireland Preamble called the church of Saint Mark situate in the parish of Alexandria (North) near Sydney has been erected and Divine worship has been conducted therein for a considerable time past And whereas at present there is no parochial school-house of or belonging to or in connection with the said church in the said parish or elsewhere and it is of essential importance that such a school-house with a residence for the master thereof should be forthwith erected And whereas there is no land in the said parish which Her Majesty's Grovernment can give or cause to be granted as a site for the erection of such a school- houBe and residence And whereas a piece of land containing three roods and five perches or thereabouts situate on the southern side of the New South Head Eoad being a portion of certain lands within the said parish which were granted by his late Majesty King William the !Fourth to trustees as a glebe for the church of Saint James in the city of Sydney forms the most desirable site for the erection of such school-house and residence as aforesaid And whereas the Grovern- ment of the said Colony is willing to grant to the said trustees of the said glebe lands an equivalent quantity of land in some other locality in lieu of the said three roods and five perches or thereabouts of the said glebe lands if such quantity of the said last-mentioned lands shall be granted and appropriated for the erection thereon of such school-house and residence as aforesaid and the said present trustees of the said glebe lands are therefore willing that such portion thereof shall.be dedicated and appropriated to the erection and maintenance of such school-house and residence as aforesaid And whereas a public meeting of the inhabitants of the said parish was lately held whereat the Eeverend Greorge Eairfowl M'Arthur the present incumbent of the said church of Saint Mark was chairman and at such meeting it was resolved unanimously that a parish school to accommodate one hundred and fifty children together with a residence for the master should be forthwith erected in the said parish and that the education in such school should be conducted upon the principles hereinafter mentioned And whereas the sum of one thousand five hundred pounds has been already subscribed towards the object aforesaid by the residents of the said parish and others and it is expected that such further sum as may be required will he readily subscribed if such portion as afore- said of the said glebe lands can be obtained with an iadefeasible title thereto for the erection thereon of the said school-house and residence And whereas the said trustees of the said glebe lands have no power to alienate any portion thereof for the purpose of erecting such school- house and residence and it is therefore necessary in order to carry the aforesaid objectB into effect that such power should be conferred upon 992 SAINT MAEK'S ALEXANDRIA SCHOOL. 19 Victoria, them and it is expedient and desirable tliat sucli power should be conferred upon them And whereas the Eight Eeverend the Lord Bishop of Sydney the Eeverend Eobert AUwood clerk the Honorable Campbell Drummond Eiddell Esquire Charles Kemp Esquire and Charles Martyn Esquire are now the trustees for the time being of the said glebe lands And whereas Sir Charles Nicholson Knight Thomas "Ware Smart Esquire Thomas Sutcliffe Mort Esquire Thomas Whistler Smith Esquire and John Croft Esquire are now the trustees for the time being of the said Church of Saint Mark And whereas it is desirable that the said portion of the said glebe lands to be so dedicated and appropriated as aforesaid should be conveyed and assured to the said trustees of the said Church of Saint Mark and their heirs in such manner as to vest the same in such last-mentioned trustees and their heirs and assigns trustees for the time being of the said Church of Saint Mark upon the trusts and to and for the ends intents and pur- poses and under and subject to the provisions hereinafter contained (that is to say) upon trust for the erection and maintenance thereon of a, parish school-house and a residence for the master thereof and to per- mit the same to be for ever hereafter appropriated and used as and for a school for the education of children in the said parish of Alexandria, (North) and as a residence for the school-master thereof the said school to be under the general management and control of the minister or incumbent for the time being of the said Church of Saint Mark and the trustees or trustee for the time being of such church but so never- theless that the instruction at the said school shall comprise the following branches of school learning namely reading writing arithmetic geo- graphy scripture history and (in the case of girls) needlework and that it shall be made a fundamental regulation and practice of the said school that the Bible be daily read therein by the children and that instruction in the Church Catechism and in the doctrines and principles of the said united church shall at suitable times twice at least in every week be regularly given to all the children in the said school whose parents or guardians shall not on religious grounds object thereto such religious instructions to be under the superintendence and direction of the minister or incumbent for the time being of the said Church of Saint Mark and that no children shall be required to receive or be pre- sent at such religious instruction whose parent or guardian shall object thereto on religious grounds and that no child shall in any case be required to learn any catechism or other religious formulary or to attend any sunday-school or any place of worship to which respectively his or her parent or guardian shall on religious grounds object and that the selection of such sunday-school and place of worship shall in all cases be left to the free choice of such parent or guardian without the child's thereby incurring any loss of the benefits or privileges of the school And whereas the object aforesaid cannot be effected without legislative authority Be it therefore enacted by His Excellency the Grovernor of New South "Wales with the advice and consent of the Legislative Council thereof as follows — The trustees of 1. It shall be lawf ul for the said present trustees of the aforesaid jame^churdi"' glebe lands or other the trustees or trustee for the time being thereof authorized to and they or he respectively are hereby empowered by any deed thereof to''°"°" executed by them or him to convey in fee-simple to the said present Sa"infM!i?k'a trustees of the said Church of Saint Mark or other the trustees or Church for the trustee f or the time being thereof their heirs and assigns for ever All erection thereon ^j^j^^. ^-^q said portion of the said glebe lands containing three roods and SAINT PATEICK'S CHUECH LAND TEUST. 993 five perches or tlaereabouts liereinbefore mentioned wliicli said portion 19 Viotokia. of land shall be more particularly described in the conveyance thereof of a parish together with all ways waters rights easements privUegea and appur- m^t'er^°r"si.™'^ tenances thereto belonging or in anywise appertaining or therewith to dence. be held by the said present trustees of the said Church of Saint Mark or other the trustees or trustee thereof to whom the same shall be so conveyed as aforesaid their heirs and assigns trustees for the time being of the said Church of Saint Mark for ever absolutely discharged and exonerated from all trusts created by or existing under or by virtue of the letters patent hereinbefore mentioned or referred to but neverthe- less upon and for the trusts intents and purposes herein in that behalf particularly mentioned. ST. PATEICK'S CHURCH LAND TRUST. An Act to enable the Most Reverend John Bede Polding 28 Victobia. the Venerable John M'Encroe and Owen Joseph Caraher as Trustees of certain land situated in the city of Sydney to sell the said land and to provide for the appropriation of the proceeds thereof. [22 April, 1865.] WHEEEAS by a deed of grant bearing date the twenty-second Preamble, day of October one thousand eight hundred and sixty-three Her Majesty Queen Tictoria did grant unto the said Most Eeverend John Bede Polding the Venerable John M'Encroe and Owen Joseph Caraher being respectively trustees nominated and appointed under and by virtue of an Act of the G-overnor and Legislative Council of New South Wales made and passed in the seventh year of the reign of His late Majesty King "William the Fourth intituled An Act to pro- mote the building of churches and chapels and to provide for the maintenance of ministers of religion in New South Wales and to their heirs and assigns all that piece or parcel of land in the said Colony containing by admeasurement eight perches be the same more or less situated in the county of Cumberland and parish of St. Philip city of Sydney allotment thirteen of section two commencing on the western building-line of Tork-street at the northern corner of allotment twelve and bounded thence on the north-east by that line north-westerly twenty-eight feet on the north-west by the south-east boundary- line of allotment fourteen south-westerly at right angles to Tork-street eighty feet to a lane on the south-west by that lane south-easterly parallel ■with Tork-street twenty-eight feet and on the south-east by the north- west boundary-line of allotment twelve aforesaid north-easterly at right angles to Tork-street eighty feet to the point of commencement with all the rights and appurtenances whatsoever thereto belonging to hold unto them the said trustees their heirs and assigns for ever upon trust for the appropriation thereof as the site of a dwelling-house garden and other appurtenances for the clergyman duly appointed to officiate in the Eoman Catholic Church of St. Patrick erected at Church Hill and known as the Church of St. Patrick aforesaid in con- formity with the provisions of the said Act so far as the same might 3e 994 SAINT PATEICK'S CHUECH LAND TEUST. Trustees author- ized to sell. 28VicTOEii, apply to tte trusts of the said grant And whereas the said parcel o£ land is not conveniently situated for the purposes of the trusts of the said grant and it is desirable that the said land should be sold and the proceeds thereof applied in or towards the purchase of another piece of land and appurtenances in the said city of Sydney to be held upon similar trusts Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legis- lative Council and Legislative Assembly of New South "Wales in Parliament assembled and by the authority of the same as follows : — 1. From and after the passing of this Act it shall be lawful for the said Most Eeverend John Bede Folding the Venerable John M'Encroe and Owen Joseph Caraher as such trustees as aforesaid their heirs or assigns to sell and dispose of the said land so granted as aforesaid by public auction or private contract and either in one lot or in several lots as they shall deem most expedient for such price or prices as can be reasonably had or obtained for the same and when sold to convey the same or any part or parts thereof to the purchaser or purchasers thereof in fee-simple freed and discharged from the said trusts affecting the same and the receipt in writing of the said trustees their heirs or assigns shall absolutely discharge the purchaser or purchasers of the said land or any part or parts thereof from the purchase money payable by him or them respectively and shall exonerate him or them from seeing to the application of the said purchase money and from all liability as to the misapplication or non-application thereof. 2. The said trustees their heirs or assigns shall stand possessed of all moneys arising from any and every sale or sales as aforesaid upon trust to apply the proceeds of such sale in or towards the purchase of another piece of land and house and appurtenances in the said city of Sydney to be held by the said trustees their heirs and assigns upon trust as a dwelling-house garden and other appurtenances for the clergyman duly appointed to officiate in the Eoman Catholic Church of Saint Patrick erected at Church Hill in the said city of Sydney And the receipts of any person or persons to whom any moneys shall be paid under the provisions of this Act shall be a valid and complete discharge to the said trustees their heirs or assigns for such moneys. Application of proceeds. SAINT PAUL'S COLLEGE INOOHPORATION. An Act to incorporate Saint Paul's College as a College 18 YicTOEiA. within the University of Sydney. [1 December, 1854.](«) WHEEEAS considerable funds have been subscribed for the insti- tution and endowment in the diocese of Sydney of a college within the University of Sydney in connection with the United Church of England and Ireland to be called Saint Paul's College wherein due religious instruction in accordance with the doctrines and discipline of that church shall be afforded and provision be made as soon as may be practicable for the residence of students under proper academical con- trol And whereas it is expedient that the said college (to be governed by a council consisting of the persons hereinafter mentioned) should be (a) Vide 18 Vic. No. 37 amended by 22 Vic, No. 8. SAINT PAUL'S COLLEGE. 995 incorporated Be it therefore enacted by His Excellency the G-overnor 18 Vicioeia. of New South "Wales with the advice and consent of the Legislative Council thereof as follows : — 1. So soon as it shall be made to appear to the satisfaction of the saint Paul's Governor that a sum of not less than ten thousand pounds has been pora1;ed.'"°°'" subscribed or contributed for the endowment aforesaid and that the amount has either been paid or secured to be paid for that purpose and that a warden and six fellows for the government of the said college in accordance with the constitution thereof as in this Act set forth have been duly appointed and elected respectively the same shall be notified by proclamation in the New South Wales Government Gazette under the hand of the Governor and immediately upon such notification and from thenceforth the warden and fellows of the same college shall be and they are hereby constituted a body politic and corporate by the name of the "Warden and Eellows of Saint Paul's College by which name the said incorporated body shall have perpetual succession and shall have a common seal and shall sue and be sued or otherwise appear and answer and be answered and may take and hold to them and their successors by grant will or otherwise in perpetuity or for any term of life or years as well chattels and other personal property as lands buildings and other hereditaments and the same or any part thereof may alien or otherwise dispose of or demise and also shall or may do all other things incident or appertaining to a body politic and corporate. 2. Provided always that it shall not be lawful for the said corpora- Restraining dia- tion or any persons or person seized of or entitled to lands in trust for derived' from^he the corporation or for the purposes of the college to alienate mort- Cro-wn. gage charge or demise any lands or hereditaments granted to or in trust for the corporation or for college purposes by Her Majesty or her successors without the consent in writing of the Governor with the advice of the Executive Council for the time being. 3. The said body politic and corporate shall consist of a warden and warden and eighteen fellows of whom six shall always be clergymen in priests' cons°itute°a ° '° orders of the United Church of England and Ireland and twelve shall council. be laymen which said eighteen fellows shall elect six from their own body to be called senior fellows who shall appoint the warden who shall not be one of themselves and the warden and six senior fellows for the time being shall together form a council to be called " The Council of Saint Paul's College " in which shall be vested at all times the government in every respect of the college and all matters re- lating thereto. 4. The Bishop of the diocese of Sydney shall be visitor of the visitor.. college with all such powers as by law appertain to the office of visitor of a college. 5. The warden shall always be a clergyman in priests' orders of the Warden andvice- aforesaid United Church and he shall have power to appoint a vice- *™"^™- warden who shall in the warden's absence have all the powers and discharge all the duties of the warden. 6. The warden and vice-warden shall be respectively liable to re- Removal or sus- moval or suspension for sufficient cause by the senior fellows subject p™^™- to an appeal to the visitor and the vice-warden shall also be liable to removal or suspension by the warden subject to an appeal to the senior fellows. 996 SAINT PAUL'S COLLEGE. 18 Victoria. Senior fellows. Vacancies. Election of iellowg. St. Paul's College to be a college of and within the Universitj'. Olergy resident in the college. Power to make "by-laws. By-laws to be laid before the Legislature. Control over students. 7. Of tie senior fellows tHree shall always be clergymen in priests' orders as aforesaid and the other three shall be laymen. 8. -All vacancies in the offices of warden or in the number of fellows or senior fellows occasioned by death resignation removal or other cause shall as soon as conveniently may be after the vacancy (on noti- fication of the fact under the hand of two fellows or senior fellows to the other fellows and senior fellows) be supplied in the manner fol- lowing (that is to say) — in the oflBce of warden by the senior fellows in the office or place of senior fellow by the twelve other fellows from their own body and in the place or post of fellow by the remaining fellows. 9. Provided that the first eighteen fellows shall be elected by the subscribers to the funds of the college in such manner as they shall among themselves appoint And that all vacancies in the number of fellows (not being senior fellows) so soon as there shall be twenty members of the college who are graduates of the University continuing on the books of the college shall be supplied by election by such gradu- ates in such manner as the Council may appoint. 10. The College of Saint Paul hereby incorporated shall be a college of and within the University of Sydney and all students in the college shall immediately upon entering therein matriculate in the University and shall submit and be subject to the discipline thereof and shall continue in the college so long only as they shall be members of the University and shall be required duly and regularly to attend the lectures of the University on those subjects an exami- nation and proficiency in which are required for honors and degrees with the exception (if thought fit by the Council) of the lectures on ethics metaphysics and modern history. 11. In case a church constitution for the aforesaid United Church within this Colony shall be hereafter established by any Act or statute passed for that purpose every clergyman resident in the college shall be subject to all such regulations as may (by or in pursuance of such church constitution) be enacted for the government of the clergy in general. 12. The council of the college shall have power from time to time to make and establish all such by-laws and rules for carrying into effect the several provisions and objects of this Act and particularly for declaring the causes which shall create vacancies in the office of fellow or senior fellow and directing who shall preside at meetings of the council and of the fellows and for the management of the college and prescribing the duties of the several officers thereof and of the warden and vice- warden and the ordering of all things in and connected with the college and the discipline thereof to the promotion of religion and learning as to the said council shall seem expedient and such laws and rules or any of them from time to time to alter or revoke or to substitute others in their place. 13. Provided that every such by-law and rule shall be transmitted to the Q-overnor within thirty days after being made to be by him laid before the Legislative Council or Houses of Legislature of, the Colony as soon as conveniently may be thereafter. 14. Provided also that the warden or vice-warden of the college subject only to the laws and rules so made shall have the general superintendence and control of the students and of the institution. SAINT PAUL'S COLLEGE. 997 15. The votes at all meetings of the fellows or senior fellows or council 18 Victoria. (except votes for the election of a senior fellow or the appointment vote and quonun of a warden) shall he tfiken exclusively of the person presiding unless ''* meetings, there shall be an equality of votes and in every case where all the fellows or senior fellows resident within fifty miles of Sydney entitled to attend shall have had notice of the time and place of intended meeting one clerical and one lay member of the council with the warden shall constitute a meeting of the council and two clerical and two lay fellows with one presiding fellow shall constitute a meeting of the fellows and the votes and proceedings of the majority at any such meeting shall be taken and accepted as the votes and proceedings of the councU or fellows respectively. 16. Provided that it shall be lawful for the council by any by-law or Special power by by-laws by them made and assented to by the fellows to ordain and ''y'**^- appoint that the person presiding at any meeting whether of the council or the fellows or the senior fellows shall have a deliberative as well as a casting vote and to alter the mode of supplying vacancies in the office of fellow by ordaining and appointing that such vacancies until twenty graduates have become qualified as electors shall be supplied by the remaining fellows and the graduates (continuing on the books of the college) jointly. 17. No temporary vacancy or vacancies in the ofiice of warden or in Temporary the number of fellows or senior fellows of the college shall be deemed prejSiJce the *° in any way to affect the constitution of the college or its privileges or corporation, status as an incorporated body. An Act to enlarge tlie Council of St. Paul's College. 21 Victoeia. [15 December, 1857.] WHEEEAS by an Act passed in the eighteenth year of Her Preamble. Majesty for the incorporation of St. Paul's College it was enacted that the fellows of the College should elect six of their own body to be called senior fellows who with the warden should form the Council of the College And whereas it is deemed expedient by the warden senior fellows and fellows of the said College that the Council thereof should in future consist of the warden and all the fellows without distinction but that change can only be effected by the author- ity of the Legislature Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legis- lative Council and Legislative Assembly of New South Wales in Parlia- ment assembled and by the authority of the same as follows : — 1. After the passing of this Act the distinction between " fellows " council to con- and " senior fellows " of St. Paul's College shall cease and no senior l^nfor'Mi'owT'* fellow be elected and the Council of the College shall consist of the warden and eighteen fellows for the time being and in those fellows the powers now residing exclusively in the senior fellows shall be vested. 2. Every vacancy hereafter arising in the number of fellows Vacancies in the shall be notified to the remaining fellows by the warden on the re- ""^"^ °"'"""'- quisition in writing of any two fellows and he shall as soon afterwards as may be practicable convene a meeting of the fellows to supply such vacancy. 998 SAINT PHILIP'S PARSONAGE. 21 VicTOEiA. 3. Before any meeting of the Council or fellows shall take place Quorum of every fellow resident within iifty miles of Sydney shall have reason- feiiows. ^^Iq notice of the day and place of meeting and two clerical and two lay fellows exclusive of the warden or presiding f eUow shall constitute a quorum. SAINT PHILIP'S PARSONAGE. 22 Victoria. An Act to authorize the Sale Mortgage or Exchange of the Parsonage in connection with the Parish of St. Philip in Sydney and the providing of another Parsonage and for other purposes of the said Parish. [11 November, 1858.] Preamble. llT HEEEA8 by a deed of grant dated the twenty-seventh day of T V October one thousand eight hundred and fifty-seven the land and hereditaments described in the Schedule annexed to this Act were granted to the Bishop of Sydney and his successors Bishops of Sydney for ever upon trust for the appropriation thereof as the site of a dwelling-house garden and other appurtenances for the clergyman duly appointed to officiate in the Church of the United Church of England and Ireland erected at Sydney and known as Saint Philip's And whereas the said land and hereditaments are not situate within the parish of Saint Philip's and the house thereon is the only present residence for the clergyman of the said parish And whereas a new church has recently been erected within and for the said parish but there are not sufficient funds for the entire completion thereof And whereas John Campbell G-eorge Kilgour Ingelow and John Alexander Mathews all of Sydney af orasaid have been duly nominated and ap- pointed trustees of the said new church by virtue and subject to the pro- visions of the Act of Council eighth William Fourth number five And whereas the population of the said parish is such as to require the erection of another church therein And whereas it is expedient to sell or exchange the said land and hereditaments or to raise money thereon by mortgage and out of the proceeds or by application of the hereditaments taken in exchange to provide a parsonage within the said parish and to apply any surplus of such proceeds towards the erection of an additional church within and for the said parish and towards other objects for the benefit of the said parish And whereas it is expedient that there should be the same trustees for the church and parsonage of the said parish 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 ia Parliament assembled and by the authority of the same as follows : — Trust of parson- 1. Immediately from and after the passing of this Act the land and ffrredto trustees hereditaments so described in the Schedule hereto together with aU of church. erections and buildings thereon with their appurtenances shall by virtue of this Act and without any other assurance in the law be divested out of the said present sole trustee thereof and his successors and become and be vested in the said John Campbell George Kilgour Ingelow and John Alexander Mathews and others the duly appointed SAINT PHILIP'S PAESONAGE. 999 trustees of the said dnircli and parsonage for the time being and the 22 Victoeia. survivors and survivor of them and the heirs and assigns of such survivor. 2. The said trustees shall hold the said land and hereditaments upon 'n-usta of here- trust vnth the approval in writing of the Bishop of Sydney for the "*"™'^ time being to sell and dispose of the same with the appurtenances for ^g g^jj mortgage the best price that can be got therefor by public auction or private °^ exchange, contract together or in parcels at such time or times and subject to such conditions and stipulations as the said trustees shall deem expe- dient or to mortgage the same or any part thereof upon the best terms that can be obtained for the same or to exchange the same or any part thereof for other hereditaments within the said parish or to demise all or any part of the same premises on any building lease for any term Of .*». e^^^^i not exceeding sixty years and thereafter to sell mortgage or exchange and then to sell the same as aforesaid subject to any such lease or to sell the same as '^"'• aforesaid subject to any such mortgage or lease or both and in any or every such case of sale mortgage exchange or lease to convey or demise and assure the same accordingly free from all trusts created by the said grant And to give valid receipts for any money received as valid receipts equality of exchange or any other trust moneys which receipts shall ^"^ discharges. discharge and exonerate the payers of such moneys whether purchasers or others from all responsibility as to the application thereof respec- tively. 3. The said trustees shall stand possessed of all moneys arising from Tmst of pro- any and every sale mortgage exchange or lease as aforesaid upon trust Krst 'trust, in the first instance with the approval aforesaid to pay and apply the same or so much thereof as shall be req^uired for the purpose in the purchase of a proper site for a parsonage within the said parish with or without a house and offices thereon or for building and completing such a house and offices thereon or on any land taken in exchange as aforesaid or for completing such a house and offices if already thereon or on any such land taken in exchange so as in any such case to pro- vide and complete a parsonage in all respects suitable as the residence of the incumbent of the said church and parish Provided that any site so purchased or any land so taken in exchange and any house or buildings thereon with the appurtenances shall absolutely vest in the said trustees as and for the parsonage of the said Church of Saint Philip and the residence of the incumbent thereof for the time being upon the trusts and for the purposes declared in and subject to the provisions of the said Act of Council in reference to lands appropriated as sites for dwelling-houses for clergymen of the United Church of England and Ireland Provided also that it shall be lawful for the said trustees to receive and apply any rents which may arise from the hereditaments hereby authorized to be sold mortgaged or exchanged until so sold mortgaged or exchanged in renting any house suitable for such parsonage as aforesaid. 4. The said trustees shall stand possessed of all the surplus if any Further trusts. of such moneys after providing such parsonage as aforesaid upon the following trusts and in the order in which the same are hereinafter declared such trusts in every case to be exercised with the like approval of the Bishop as aforesaid that is to say upon trust to pay second trust. and apply such portion thereof as shall be deemed fit towards the com- pletion of the said new church of Saint Philip And such other portion Third trust, as shall be deemed fit towards the erection of an additional church 1000 SAINT PHILIP'S PARSOKAaE. 22 Victoria. Fourth trust. Fifth trust. Construction of word "trustees.* Vesting of pro- perty in succes- sive sets of trustees. Short title. wifhin the said parish And such other portion as shall he deemed fifc towards the endowment of such additional church hy aiding the stipend of the incumbent thereof And to pay and apply the remainder of such moneys (if any) for or towards any such other purpose in connection with the United Church 5f England and Ireland within and for the benefit of the said parish as the said trustees with the like approval shaU determine. 5. The words "the said trustees" whenever used in this Act shall apply not only to the trustees herein named but also to the survivors or survivor of them whether alone or jointly with any new trustee or trustees of the said church and parsonage duly elected or appointed under the said recited Act and also to any and every such new trustee for the time being. 6. Upon any and every future change in the said trust by death or removal and upon the due election or appointment of any new trustee and upon a certificate in writing under the hand of the Bishop of Sydney for the time being containing the names of the then continuing or surviving trustees and of every such new trustee or of such new trustees alone as the case may be being registered in the G-eneral Registry for New South "Wales all the land then subject to any trust under the said grant or this Act for the said church and parsonage or either of them and all the estate property possession and trust therein and thereof shall by virtue of the said certificate and without any other assurance in the law and from the day of such registration become and be absolutely vested in the trustees named in such certificate for the estate and under and subject to the trusts and with the powers and authorities contained in and conferred and vested by the said grant and this Act And the said recited Act of Council and the said cer- tificate together shall be held to be an assurance duly made and executed within the meaning of the sixth section of the said recited Act of Council. 7. This Act shall be styled and may be cited as the " Saint Philip 's Sydney Parsonage Act of 1858." SCHEDULE. All that piece or parcel of land in our said territory containing by admeaeureraent one rood and thirty perches be the same more or less situated in the county of Cumberland and parish of Saint James city of Sydney commencing at the southern- most corner of the Exchange land on Pitt-street and bounded on the north-west by the north-west side of a wall and its prolongation bearing north-easterly two chains and twenty links to Gresham-street on the north-east by Gresham-street bearing south-easterly one chain and eighteen links and one-half link to Spring- street on the south-east by the north-west building-line of Spring-street bearing south-westerly three chains and forty-eight links to Pitt-street and on the west by the eastern building-line of Pitt-street bearing northerly two chains and eighty- three links and one-quarter of a link to the corner of commencement on Pitt-street aforesaid advertised in the Government notice dated 15th July 1856. SAINT PHILIP'S PAE80NA&E. 1001 An Act to enable the Trustees of St. Philip's Church 47 Victoeia. Sydney to lease a certain piece of land situate in the city of Sydney parish of St. Philip and to apply the rents and profits thereof. [21 Pebruary, 1884.] WHEREAS by an Act passed in this Colony in the twenty-second Preamble, year of the reign of Her present Majesty intituled An Act to authorize the sale mortgage or exchange of the parsonage in con- nection with the said parish of St. Philip in Sydney and the providing of another parsonage and for other purposes of the said parish It "was enacted that John Campbell George Kilgour Ingelow and John Alexander Mathews should hold certain land upon trust to sell and dispose of the same and should stand possessed of all moneys arising from every sale upon trust in the first instance to pay and apply the same or so much thereof as should be required for the purpose in the purchase of a proper site for a parsonage within the said parish with or without a house and offices thereon or otherwise as therein men- tioned provided that any site so purchased should absolutely vest in the said trustees as and for the parsonage of the church of St. Philip and the residence of the incumbent thereof for the time being upon the trusts and for the purposes declared in and subject to the pro- visions of the Act hereinafter mentioned in reference to lands appro- priated as sites for dwelling-houses for clergymen of the United Church of England and Ireland And whereas the said John Camp- bell George KUgour Ingelow and John Alexander Mathews in exercise of the authority given to them by the hereinbefore in part recited Act sold the said certain land therein described And whereas by an indenture dated the sixth day of October one thousand eight hundred and sixty-nine and made between John Croft of the first part James Sutherland Mitchell of the second part and the said John Campbell and John Alexander Mathews thereinafter called the trustees (the said George Kilgour Ingelow being then dead) of the third part After reciting that the said trustees in exercise of the authority given to them by the hereinbefore recited Act had contracted with the said John Croft for the sale to them of the land thereinafter described It was witnessed that for the consideration therein mentioned the said John Croft did grant bargain sell and release all that parcel of land situated in the said city of Sydney parish of St. Philip county of Cum- berland and Colony of New South Wales being the whole of allot- ments seven and eight and part of allotment number nine of section number three of the site of the old Military Barracks commencing on the eastern side of Clarence-street eighty-three feet two inches northerly from Margaret- street and bounded on the west by said Clarence-street bearing northerly fifty-four feet five inches on the north by " Petty 's Hotel" being a line bearing easterly seventy-one feet seven inches on the east by a line bearing southerly forty-eight feet four inches and on the south by a line bearing westerly seventy- one feet six inches to the point of commencement Together with all the appurtenances unto and to the use of the said trustees their heirs and assigns for ever as a site for a parsonage of the United Church of England and Ireland erected in the parish of St. Philip in the city of Sydney aforesaid and known as St. Philip's Church and as and for the residence of the incumbent of the said church for the 1002 SAINT PHILIP'S PAHSONA&E. 47 VicTOEiA. time being upon tte trusts and for tte purposes declared in and subject to tbe provisions of an Act of the Grovernor and Legislative Council of tbe Colony aforesaid passed in tbe eighth year of the Eeign of his late Majesty King William the Fourth number five in reference to lands appropriated as sites for dwelling-houses for clergymen of the United Cliurch of England and Ireland And whereas the said John Alexander Mathews (since deceased) resigned his oiSce as trustee with the con- sent of his co-trustees in April one thousand eight hundred and seventy- five and the said John Campbell resigned his office in a like manner in or about the month of July one thousand eight hundred and eighty And whereas at three several meetings of pew and seat hold- ers of the parish of St. Phillip aforesaid held pursuant to due notice in that behalf given under the provisions of the said Act eighth "William the Fourth number five on the twenty-sixth day of September one thousand eight hundred and sixty-five the twenty-fifth day of May one thousand eight hundred and seventy-five and the second day of August one thousand eight hundred and eighty respectively the said Alexander Stuart William Day and Charles Moore were respec- tively duly elected by the said pew and seat holders to be trustees of the said church of St. Philip and of the site of the minister's dwelling and glebe land thereto belonging And whereas by section six of the said last-mentioned Act it is enacted " that the new trustee to be nomi- nated as aforesaid pursuant to this Act shall become jointly with the continuing or surviving trustees or trustee a trustee of the site of the church or chapel or of the minister's dwelling burial-ground or glebe land in respect whereof he shall be so nominated and that all such deeds and assurances shall be made and executed as shall be necessary legally to eflrectuate and complete his appointment as such new trustee" And whereas by an indenture dated the second day of July one thousand eight hundred and eighty-three made between the said John Campbell of the one part and the said Alexander Stuart William Day and Charles Moore thereinafter called the trustees of the other part the said John Campbell did thereby grant and release unto and to the use of the said trustees their heirs and assigns all and singular the said parcel of land and premises by the hereinbefore and thereinbefore recited indenture expressed to be granted bargained sold and released and all other if any the hereditaments and premises which were then by any means vested in the said John Campbell upon the trusts of the hereinbefore and thereinbefore recited indenture with their rights easements and appurtenances And whereas a parsonage has been erected on another site in the said parish of St. Philip and the said piece or parcel of land is not required and never will be required for a site for a parsonage in the said parish of St. Philip and is now lying vacant and unoccupied And whereas under the provisions of an Act passed in this Colony in the thirtieth year of the reign of Her present Majesty intituled An Act to enable the members of the United Church of England and Ireland in New South Wales to manage the property of the said Church and of certain constitutions in the said Act men- tioned and referred to the management and disposal of all Church of England property moneys and revenues not diverting any speci- fically appropriated or the subject of any specific trust nor interfering with any vested rights are placed under the control of the Synod of the Diocese of Sydney And whereas the said Alexander Stuart Wil- liam Day and Charles Moore are desirous of granting a lease or leases of the said piece or parcel of land and it is expedient that power be SAINT PHILIP'S PAESONA&E 1003 given to them to lease tlie said piece or parcel of land and to apply tlie 47 Victokia, rents and profits to arise from suet letting for the benefit of the said parish of St. Philip And whereas the said objects cannot be obtained without an Act of the Legislature there being no power of leasing the said piece or parcel of land vested in the said Alexander Stuart "William Day and Charles Moore 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. It shall be lawful for the said Alexander Stuart "William Day and Power to lease. Charles Moore or for the trustees for the time being of the said piece or parcel of land to lease either the whole or any part of the said piece or parcel of land to any person or persons for any term of years not exceeding fifty years in possession and not in reversion or by way of future interest so as there be reserved in every such lease the best or most improved yearly rent that can be reasonably obtained to be inci- dent to the immediate reversion without any fine foregift or other payment of Hke nature for the making thereof and so that there be contained in every such lease a condition of entry by the lessor for non-payment of rent or non-observance or non-performance of cove- nants by the lessee withiu a reasonable time to be therein specified and so that the lessee do execute a counterpart and do thereby cove- nant for payment of the rent thereby reserved and be not by any ex- press words therein made dispunishable for waste Provided always that the said lease or leases shall in every case be subject to the approval of the said Synod of the Diocese of Sydney. 2. The said Alexander Stuart "William Day and Charles Moore or Eents and profits the trustees for the time being of the said piece or parcel of land shall stand possessed of the rents and profits and the annual income thereof upon such trusts and for such ends intents and purposes for the benefit of the said parish of St. Philip as the said trustees may from time to time with the consent of the said Synod determine. 3. This Act may be cited as the "St. Philip's Parsonage Act of short title. 1884." SALE OF LAND SOOTS CHURCH LEGALIZING. An Act to enable tlie Heverend Dr. Lang as sole sur- 36^Victokia. viving Trustee of the Scots Church to dispose of the original allotment of the Church for certain Ecclesiastical purposes therewith connected. [10 April, 1873.J WHEEEAS there is a debt of fourteen hundred and eighty pounds preamble, on the property of the Scots Church Sydney And whereas the office-bearers and congregation of the church are unanimously and strongly desirous that that debt should be paid before the_ settlement of a successor to the present pastor And whereas the original allot- ment of the church is available if sold for such a purpose and is not required for any other ecclesiastical object And whereas the said 1004 SATWELL'S TEAMWAT. Trustees author- ized to aell. 36 Victoria, allotment is now vested in the Eeverend Dr. Lang as tie sole surviving trustee of the Scots Church Sydney Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent o£ the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows : — ■ 1. Erom and after the passing of this Act it shall be lawful for the Eeverend Dr. Lang as such trustee as aforesaid his heirs or assigns to sell and dispose of the allotment aforesaid by public auction and either in one lot or in several lots as he shall deem expedient for such price or prices as can be reasonably obtained for the same and to convey and assure the same or any part or parts thereof when sold to the purchaser or purchasers thereof in fee-simple freed and discharged from all trusts affecting the said allotment And the receipt in writing of the said trustee his heirs or assigns for the purchase moneys arising from such sale or sales shall be a sufficient dis- charge to the purchaser or purchasers of the said lands and shall exonerate him her or them from seeing to the application of the said moneys and from all liability in respect of the misapplication or non- application thereof. 2. The said trustee his heirs or assigns shall stand possessed of the moneys arising from such sale or sales as aforesaid upon trust to apply the proceeds thereof in or towards the payment of the said debt of fourteen hundred and eighty pounds and to pay the balance to the office-bearers of the church And the receipts of any person or persons to whom any moneys shall be paid by the said trustee his heirs or assigns under the provisions of this Act shall be a valid and complete discharge to the said trustee his heirs or assigns for such moneys. Application of proceeds of sale. SATWELL'S TEAMWAY. Preamble. 47 VioioBiA. An Act to authorize the construction and maintenance of a tramway from the proposed Bay-street Station on the Illawarra Railway to and along Lady E/Obin- son's Beach. [6 March, 1884.] WHEEEAS it is proposed by the Grovernment of New South Wales to make and construct on the line of railway now in course of construction between Sydney and Illawarra a platform or station at or near Bay-street such street being within the municipality of West Botany And whereas Sandridge Park consisting of about one hundred acres of land and adjoining Lady Eobinson's Beach is situated near to the said proposed platform or station and Thomas Saywell of Sydney merchant is the proprietor of the said park And. whereas it is desirable that a better mode of access from and to the said platform or station and Sandridge Park and Lady Eobinson's Beach should be provided for excursionists and others And whereas the said Thomas SayweU is desirous of constructing a tramway from the said platform or station and connecting with the said Illawarra Eailway through certain private lands referred to in the Schedule to this Act thence across the Eocky Point Eoad along Bay-street to construct tram* way. SATWELL'S TEAMWAT. 1005 Sandridge Park thence hj a line parallel to Lady Eobinson's Beach 47 Victoeia. through Sandridge Park to M'Crae-street And whereas the whole of the said proposed tramway route is within the municipality of West Botany and the Municipal Council thereof and the owners of such private lands have consented to the construction and maintenance of such proposed tramway but such tramway cannot be made without Legislative authority And whereas the increased facilities of com- munication and traffic which would result from the construction of the said proposed tramway to Sandridge Park and Lady Eobinson's Beach would be for the public convenience and benefit and it is desirable to authorize by Legislative enactment the construction and maintenance of the said proposed tramway subject to the provisions hereinafter contained Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South "Wales in Parliament assembled and by authority of the same as follows : — 1. It shall be lawful for the said Thomas Say well his heirs executors Authority to administrators or assigns upon the terms and conditions and subject '""' to the provisions hereinafter contained to make and construct a tram- way for conveying passengers and their luggage and other goods and merchandise from a point on the line of railway from Sydney to lUa- warra at or near the platform or station to be constructed at or near Bay-street within the municipality of West Botany and thence by the lines described in the Schedule to this Act and to effect if necessary a junction between the said line of tramway and the said line of railway from Sydney to lUawarra in accordance with section ninety-nine of the Grovernment Eailways Act of 1858 and to take and use so much of the said Eocky Point Eoad Bay-street or lands referred to in the said Schedule as may be required for the purposes of such tramway but so that the same shall not occupy in any part of the said road or street a greater space in breadth than eight feet six inches or in the said private lands a greater space in breadth than fifteen feet including the support and foundations thereof Provided that the said tramway shall be constructed and brought into use within two years from the passing of this Act and the same shall be constructed in a proper and workmanlike manner Provided further that this authority shall not extend beyond thirty years from the passing of this Act. 2. The said Thomas Say well his heirs executors administrators or Entry upon assigns shall have all necessary rights of ingress and egress to and ^''■^^' *"'■ over the surface of the road street and land aforesaid and all such other rights as are required for the construction repair completion and use of the said tramway provided that nothing herein contained shall impair or be held to impair the lawful authority of the municipal district of West Botany or of any other corporation company or person to make all entries and exercise all other powers necessary for the construction maintenance and perservation of gas-works water-works sewerage-works and other works lawfully constructed Tinder-ground. 3. The gauge of the said tramway shall be the same gauge as the Oiuge. ■Grovernment Tramways. 4. The tramway shall throughout its course over or along the Eocky Level. Point Eoad and Bay-street aforesaid be laid at or about the general level of the said road and street and throughout the whole extent of the said tramway shall be laid with rails subject to the approval of the 1006 SATWELL'S TRAMWAY. Tramway to be open to public. Maintenance of roads. 47 VicTOBiA. Municipal Council of "West Botany and the said Thomas Saywell Ms heirs executors administrators or assigns may with the consent of the said Council alter and improve the levels of the said road or street Provided that all expenses incurred in the reformation of the said road or street so altered and improved shall be borne by the said Thomas Saywell his heirs executors administrators or assigns unless otherwise agreed upon. 5. The said tramway shall be open to public use upon payment of the tolls or charges following that is to say — ■ For passengers a sum not exceeding three pence per head each way. For goods a sum not exceeding one shilling and three pence per ton (exclusive of the expense of loading or discharging). 6. The said Thomas Saywell his heirs executors administrators and assigns shaU maintain in perfect order and repair the said tramway and the pavements of the same between the rails of the said tramway and for the space of one foot six inches on each side of such rails and furthermore shall erect and maintain all necessary causeways in con- nection with the said tramway. 7. The said Thomas Saywell his heirs executors administrators and assigns shall immediately repair any damage which may during or by reason of the construction of the said tramway be occasioned to any sewer or drain or gas or water main or other property and shall also repair all damages which may be occasioned by the working of the said tramway. 8. It shall be lawful for the said Thomas Saywell his heirs executors administrators and assigns subject as aforesaid to use and employ locomotive engines or other moving power and carriages and waggons to be drawn or propelled thereby and to carry and convey upon the said tramway all such passengers and goods as shall be offered for that purpose and to charge the tolls and charges ia respect thereof as above specified Provided that all such tolls and charges be at all times charged equally to all persons and after the same rate in respect of all passengers and of all goods of the same description and no reduction or advance in any such tolls shall be made either directly or indirectly in favour of or against any particular Company or person travelling upon or using the said tramway. 9. Nothing in this Act contained shall extend to charge or make liable the said Thomas Saywell his heirs executors administrators and assigns further or in any other case than were according to the laws of this Colony stage-coach proprietors and common carriers would be liable nor shall extend in any degree to deprive the said Thomas Saywell his heirs executors administrators and assigns of any protection or privilege which common carriers or stage-coach pro- prietors may be entitled to but on the contrary the said Thomas Saywell his heirs executors administrators and assigns shall at all times be entitled to the benefit of every such protection and privilege. 10. The tolls shall be paid to such persons and at such places upon or near to the tramway and in such manner and under such regula- tions as the said Thomas Saywell his heirs executors administrators or assigns shall appoint. Repair of damage to sewers &c. Locomotives to be employed. Liability of carriers. Tolla to be paid as directed. SATWELL'S TEAMWAT. 1007 11. It shall be lawful for the said Thomas Saywell his heirs '47 Victobia, executors administrators or assigns from time to time subject to the Eegruiationsfor approval of the Municipal Council of "West Botany and subject to the ^"^ °* tramway. proTisions and restrictions in this Act contained to make regulations for the following purposes that is to say — For regulating the times of the arrival and departure of the cars and carriages and the number of persons limited to be carried therein respectively. Por regulating the loading or unloading of such cars and carriages. For preventing the smoking of tobacco and the commission of any nuisance in or upon such cars or carriages or any of the tramway stations waiting-rooms or premises. And generally for regulating the travelling upon or using and working the said tramway and the maintenance of good order and for regulating the conduct of the tramway officers and servants and for providing for the due management of the said tramway and the protection thereof and the cars carriages and waiting-rooms offices and premises from tres- pass and injury. But no such regulation shall authorize the closing of the said tramway between sunrise and sunset except at any time when in consequence of any of the works being out of repair or from any other suiEoient cause it shall be necessary to close the said tramway or any part thereof. Provided that such by-laws be not repugnant to the laws of the Colony or to the provisions of this Act and a copy of such by-laws shall be given to every officer and servant of the said Thomas Saywell his heirs executors administrators or assigns employed on the said tramway or affected by such by-laws and such by-laws shall specify penalties which shall in no case exceed the sum of ten pounds to be proceeded for and recovered under the provisions of the Act eleven and twelve Tictoria chapter forty-three Provided always that such by-laws must be first approved of by the Attorney-G-eneral of the Colony for the time being Provided always that the said Thomas Saywell his heirs executors administrators or assigns or his or their employees or servants shall when using or when upon the premises of the said railway be liable and subject to the Eailway By-laws. 12. The production of a copy of the New South "Wales Govern- Evidence of by- ment G-azette containing such by-laws shall be sufficient evidence of '*™- such by-laws in all proceedings under the same. 13. It shall be lawful for the Secretary of Public "Works on Power for the behalf of the Government and also for the Municipal Council of West Munldpai Coun- Botany at any time by notice in writing to require the said Thomas g'of w«!st „ J ,.-,•' . ■' , -. . . , ,° ^. , 11 J , -1 Botany to pur- Say well his heirs executors administrators or assigns to sell and there- chase tramway. upon the said Thomas Saywell shall sell to the Government or Municipal Council of "West Botany as the case may be the said tramway upon the terms of paying the then value (exclusive of any allowance for past or future profits of the said tramway or any com- pensation for compulsory sale or other consideration whatsoever) of 1008 SATWELL'S TEAMWAT. 47 Victoria, the said tramway and all lands buildings works materials and plant of the said Thomas Saywell his heirs executors administrators or assigns suitable to and used by him or them for the purposes of the said tramway such value in case of difference to be ascertained by appraise- ment in manner directed by the twenty-third section of the Crown Lands Occupation Act of 1861 and subject to the terms and conditions therein contained Provided that the Minister in the said Act shall for the purpose of appraisement under this Act mean the Secretary for Public "Works for the time being in case of a sale to the Government as hereinbefore provided and shall mean the Mayor or the Council Clerk or any Alderman or officer of the Municipal Council of West Botany appointed by such council in case of a sale to the said Municipality of West Botany And when any such sale shall have been made to the said Grovernment the said tramway lands buildings works materials plant and premises shall vest in the Commissioner of Eailways who shall have all the rights powers and authorities of the said Thomas Saywell his heirs executors administrators and assigns in respect to the said tramway so sold and shall also have the rights powers and authorities and be subject to the provisions conditions and obligations conferred and imposed by the Eedfern to Hunter-street Tramway Act of 1879 Provided always that the words " Municipality of West Botany " shall for such purposes be read as substituted for the words "Municipal Council of the City of Sydney" whenever the said words occur in the said last-mentioned Act And when any such sale shall have been made to the Municipality of West Botany the said tramway lands buildings works materials plant and premises shall vest in the said municipality of West Botany and the said municipality shall have all the rights powers and authorities and be subject to the provisions conditions and obligations conferred and imposed by this Act including the liability to sell to the Grovernment if so required by notice under this section. Short title. 14. This Act may be cited for all purposes as Act of 1884." ' Saywell's Tramway THE SCHEDULE HEEEINBEPORE EEPEEEED TO. All that proposed tramway situated at West Botany in the parish of Saint George county of Cumberland and Colony of New South Wales be the hereinafter mentioned several dimensions a little more or less. Description of proposed tramway from Bay-street Station lUawarra Railway along Bay-street to Sandridge Park Lady Eobinson's Beach Botany Bay. Commencing at Bay-street Station lUawarra Railway thence by a curved line (about six chains radius) south-easterly seven chains eighty links to centre of Rocky Point Road (passing partly through the land of Mr. Waltz's thence across that road to Bay-street and along that street to a point south-easterly ninety -two chains eighteen links thence by a curved line through Sandridge Park north-easterly to McCrae-street Provided that no part of such line shall be less than one hundred feet distant from high-water-mark. 1009 SCOTS CHUECH TRUSTEES. An Act to enable the Trustees of the Scots Church in 3 wm. iv. Sydney in the Colony of New South Wales to grant a mortgage to Government on the buildings now erecting on their allotment for the amount of a loan advanced by Government to enable the said Trustees to erect the said Church and also for the amount of a further loan advanced by Government in aid of the establishment of the Australian College. [13 October, 1832.] WHEREAS by a certain deed of grant duly executed and bearing Preamble date the tenth day of November in the year of our Lord one thousand eight hundred and twenty-six His Excellency Lieutenant- Greneral Ralph Darling then Captain-G-eneral and G-overnor-in- Chief of the said Colony did under and by virtue and in pursuance of the power and authority in him vested give and grant unto the Reverend John Dunmsre Lang Doctor in Divinity John Piper Thomas M'Vitie and David Ramsay Esquires trustees for the congregation of Scots Presbyterians in Sydney and to their successors in office for ever a certain piece or parcel of land containing two roods and thirty-nine perches lying and situate in the parish of Saint Philip in the county of Cumberland bounded on the north-east by Underwood's allotment bearing east thirty-six degrees and a half south one chain and eighty links on the south-east by a line bearing south thirty-three degrees and a half west three chains and fifty-seven links to the barrack wall by that wall to the street one chain on the south-west by the street bearing north-west by Charlotte-place bearing north thirty-one degrees and thirty minutes west one chain and forty-three links and on the north-west by Charlotte-place bearing north thirty-six degrees and a half east three chains and sixty-four links but declaring that the ground thereby conveyed was granted for the purpose of erecting a Scots Church in which the ordinances of religion should be dispensed by a regularly ordained minister of the Church of Scotland and such other buildings therewith connected as the trustees might think fit to erect And whereas the Colonial Treasurer of the said Colony by an order or warrant of His Excellency Sir Thomas Brisbane then Governor of the said Colony in the year of our Lord one thousand eight hundred and twenty-five on the part of the Grovernment of the said Colony lent and advanced to the said John Dunmore Lang Doctor in Divinity John Piper Thomas M'Yitie and David Ramsay as trustees as afore- said the sum of two thousand four hundred dollars for the purpose of enabling the said trustees to erect a church upon the said parcel of land above mentioned upon condition of the repayment thereof by the said trustees to the Grovernment And whereas an academical institution or college has lately been established for the education of youth and the said trustees of the Scots Church have agreed and consented that the necessary buildings for the purpose of carrying on the said institution should be erected upon a part of the said 3 s 1010 SCOTS CHIJECH TEUSTEES. 3 Wm. IV. parcel of land hereinbefore mentioned And wiereas upon applica- tion being made to him for that purpose the Eight Honorable the Secretary of State for the Colonies has been pleased to authorize the Goremor of the said Colony of New South Wales to advance a loan of three thousand five hundred pounds to the promoters of the above undertaking from the Colonial Treasury towards enabling them to com- plete the same upon condition that the said institution or college together with all the buildings thereunto belonging or appertaining should be erected or built upon the ground belonging to the said Scots Church and that the promoters of the undertaking should previously expend a similar amount in the erection of the above buildings and that the above buildings when erected should stand as a security to the Q-overnment of the said Colony for the repayment of the sums ad- vanced by the said Grovernment for the purpose aforesaid And whereas the Colonial Treasurer of the said Colony by the order or warrant of His Excellency Colonel Patrick Lindesay then acting G-overnor of the said Colony in the year of our Lord one thousand eight hundred and thirty-one paid to the said trustees in pursuance of the said arrange- ment entered into with the Eight Honorable the Secretary of State for the Colonies as aforesaid the sum of one thousand five hundred pounds And whereas a sum of money exceeding the said sum of one thousand five hundred pounds has abeady been expended in erecting the buildings for the said institution or college on the said parcel of land hereinbefore mentioned And whereas it would be beneficial to the public and to the advancement and promotion of knowledge within the said Colony if the said John Dunmore Lang Doctor in Divinity John Piper Thomas M'Vitie and David Eamsay and the other promoters of the said institution were enabled to carry the agreement hereinbefore mentioned into effect and for that purpose that the said trustees of the Scots Church should be empowered to grant a mortgage of the said land and premises aforesaid to the Collector of Internal Eevenue of the said Colony for the timebeingforandonbehalf of theG-overnment of the said Colony but the same cannot be effected without the aid and authority of an Act or Ordinance of His Excellency the G-overnor with the advice and consent of the Legislative Council Be it there- fore enacted by His Excellency the G-overnor of New South Wales by Authorizing the and with the advice of the Legislative Council That from and after Soc?s^Church* *^^ passing of this Act it shaU and may be lawful for the said John Estate to mort- Dunmore Lang John Piper Thomas M'Vitie and David Eamsay trustees to GovernmraTt. ^.s aforesaid of the said congregation of Scots Presbyterians in Sydney and their successors to transfer or mortgage the said parcel of land hereinbefore mentioned together with the buildings now erected or hereafter to be erected thereon to the Collector of the Internal Eevenue of the said Colony and to his successors in office for the time being for and on behalf of the Grovernment thereof for securing the repay- ment of the said sums of two thousand four hundred dollars and one thousand five hundred pounds so advanced to the said trustees as afore- said and of the further sum of two thousand pounds when advanced to the said trustees or their successors under the agreement as afore- said and by writing under the hands and seals of any three or more of the said trustees or their successors to assign the said parcel of land aforesaid together with the buildings now erected or Hereafter to be erected thereon to the Collector of the Internal Eevenue of the said Colony or to his successor or successors in his said oifice for the time being for and on behalf of the Grovernment of the said Colony as a SCOTT'S LEASING. IQH security for the repayment of the said principal sums of money so 3 Wm. IV. advanced to the said trustees as aforesaid and for any such further sum or sums of money as shall be advanced to the said trustees by the said G-overnment of the said Colony as aforesaid. 2. Provided always and be it further enacted that nothing in this Act not to affect Ordinance contained 'shall be deemed to affect or apply to any right Sajesty or°o™^ title or interest of His Majesty his heirs or successors or of any others not men- body corporate or politic or of any other person or persons excepting ''°°^'* i^eiem. suchas are mentioned herein or of thoseclaiming by or under him orthem. 3. And be it further enacted that this Ordinance shall not commence Commencement or take effect until the same shall have received the Eoyal approbation °' ^**' and the notification of such approbation shall have been made by His Excellency the Governor in the New South Wales Government Gazette. SCOTT'S LEASING. An Act to authorize and empower William Scott and 37 Tictobia. George Scott to grant Leases for Mining and other purposes of certain Lands devised by the Will of the late William Scott. [10 December, 1873.] WHEEEAS 'William Scott late of Long Swamp in the Colony of Preamble, New South Wales farmer deceased being seized of the lands and hereditaments hereinafter mentioned and described duly made and executed his last will and testament in writing dated the first day of October one thousand eight hundred and sixty-eight and thereby devised unto his son George Scott (among other things) All those three hundred and twenty-nine acres or thereabouts of land described in the first Schedule to this Act being the southern portion of six hundred and fifty-eight acres of land situate at the MuUoon in the county of Murray in the said Colony granted to the said testator by grant dated the twenty-eighth day of May in the year one thousand eight hundred and thirty-nine to be held and enjoyed by him during the term of his natural life without impeachment of waste and subject thereto unto and to the children of his said son George Scott in such shares and proportions and subject to such restrictions reservations and limitations over as his said son George by any deed or deeds or by his last will and testament in writing or any codicil or codicils thereto might direct limit or appoint the same And in default of such appointment and so far as any such might not extend the testator devised the same lands to and amongst such of the children of his said son George as might be living at the time of his death share and share alike as tenants in common and not as joint tenants to take on their attaining their respective ages of twenty-one years if a son or sons or if a daughter or daughters on attaining that age or marrying ■which should first happen And the testator also devised unto his son William Scott (among other things) all those six hundred and forty acres of land at the head of the Mulloon aforesaid granted to him on the twenty-eighth day of May in the year one thousand eight hundred and thirty-nine and described in the second Schedule to this Act to be held and enjoyed by the said William Scott during the term of his natural life without impeachment of waste and subject thereto 1012 SCOTT'S LEASING-. 37 VicTOBiA. unto and to tie cliildren of liis said son "William in such shares and. proportions and subject to such powers of appointment by him and with such limitations over in favour of his children in every respect mutatis mutandis as are in the said will before declared in respect of the devise made by the testator to his said son G-eorge Scott And the said testator also devised unto his son Eobert Scott (among other things) all those six hundred and forty acres of land in the county of Murray aforesaid granted to him by grant dated the fourth day of May in the year one thousand eight hundred and thirty-six and de- scribed in the third Schedule to this Act to be held and enjoyed by him during the term of his natural life without impeachment of waste and subject thereto unto and to the children of his said son Robert in such shares and proportions and subject to such powers of appointment and with such limitations over in favour of his children in every respect mutatis mutandis as are in the said will before declared in respect of the devises made by the testator to his several sous in the will before mentioned and in default of such children or child of his said son Eobert the said testator devised three hundred and twenty acres being the northern half of the said six hundred and forty acres unto his said son George and his children in the same manner for the same estate and with the same power of appointment as are in the said Avill before declared with respect to the devise thereinbefore made to him and them and the said testator devised three hundred and twenty acres being the southern hall: of the said six hundred and forty acres unto his said son "William and his children in the same manner for the same estate and with the same power of appointment as are in the said will before declared with respect to the devise hereinbefore made to him and them and the testator appointed his said sons George Scott and William Scott executors of his will And whereas the said "William Scott the testator died on the eighteenth day of November one thousand eight hundred and sixty-eight without having altered or revoked his said w'.ll leaving the several persons therein named him surviving And whereas the said George Scott has alienated his said life estate in the lands devised to him by the said will comprising among other lands the land first described in the said first Schedule to this Act And whereas the land first described in the said first Schedule (excepting as therein is excepted) is now vested in Edward Smith Hill and "William Erederick Cape both of Sydney aforesaid and the land secondly described in the said first Schedule to this Act (being the said excepted land) is now vested in William Russell and Wallace G-ordon both of Sydney aforesaid And whereas the said George Scott is mar- ried and has issue infants under the age of twenty-one years respec- tively And whereas the said William Scott is married and has issue infants under the age of twenty-one years respiectively and whereasthe said Robert Scott has never married And whereas the said will does not contain any power or authority to grant leases of the said lands and hereditaments or any part thereof And whereas the said lands are situate in a neighbourhood abounding in minerals and some valuable copper mines have been discovered upon and under the said lands or some of them but there is no power to grant a lease of the said lands or any of them for any term beyond the life of the respective tenants for life And whereas it will be greatly for the benefit of all parties interested in the said lands and hereditaments that there should be a power of granting leases of the said lands and hereditaments for mining purposes Be it therefore enacted by the Queen's Most Excellent SCOTT'S LEASING. 1013 Majesty hj and with the advice and consent of tte Legislative Council 37 Victoeia. and Legislative Assembly of New South Wales in Parliament assem- bled and by the authority of the same as follows : — 1. It shall be lawful for the said William Scott and G-eorge Scott Power to grant or the survivor of them as to the laud first described in the first '"™''^ '^''"''• Schedule to this Act (excepting as in the said Schedule mentioned) with the consent in writing of the said Edward Smith Hill and William Frederick Cape or their assigns and as to the lands secondly described in the said first Schedule (being the said excepted land) with the consent of the said William Eussell and Wallace Gordon or their assigns And as to the lands described in the second and third Schedules to this Act of the sole authority of the said WilHam Scott and George Scott or of the survivor of them to demise by way of lease by deed or deeds for any term of years not exceeding twenty-one years to take effect in possession all or any of the mines lodes ores minerals coals quarries stone clay sand and substances in under or upon the said lands respectively or any part thereof either with or without any messuages buildings lands or hereditaments convenient to be held with the same respectively and either with or without the surface of the lands in or under which the same or any part thereof respectively shall be and whether the same have or have not been hitherto opened or worked together with all such liberties licenses powers and privileges for searching for and working the said mines and lodes and for getting washing smelting burning rendering merchantable and disposing of the said ores minerals coals quarries stone clay sand and substances as to the person or persons for the time being exercising the power hereby given shall seem expedient so as there be reserved in every such lease the best rent or rents tolls duties royalties or reservations by the acre the ton or otherwise to be incident to the immediate reversion that can be reasonably obtained without taking anything in the nature of a fine or premium and so as there be contained in every such lease a condition of re-entry for non-payment or non-delivery within a reasonable time to be therein specified of the rent or rents tolls duties royalties or reservations thereby reserved or for non-observance or non-performance of covenants by the lessees and so as the lessee or lessees do execute a counterpart thereof and do thereby covenant for the due payment or delivery of the rent or rents tolls duties royalties or reservations thereby reserved Provided always that the reservation of rents toUs duties or royalties shall not be taken to be in the nature of a fine or premium though the effect of such reservation may eventually be disad- vantageous to the remainder man. Provided also that at least twenty per cent, of the gross proceeds of the said rent or rents tolls duties and royalties during the currency of any lease that may be granted shall be applied by the said William Scott and George Scott towards the education and advancement in life of their children. 2. Whenever the said William Scott and George Scott or either of power to them or any trustee or trustees appointed as hereinafter provided If^^g "^^ shall die or go to reside out of the Colony of New South Wales or desire to be discharged from or refuse or become unfit or incapable to act in the trusts or powers in them or him reposed before the same shall have been fully discharged and performed it shall be lawful for the survivor of them the said William Scott and George Scott or the acting executor or administrator of such survivor or for the surviving or continuing trustee or trustees for the time being or the acting 1014 SCOTT'S LEASING. 37 VicTOEiA. executors or administrator of the last surviving or continuing trustee by instrument in writing to appoint any new trustee or trustees in the place of the person or persons so dying or going to reside out of the said Colony or desiring to he discharged or refusing or becoming unfit or incapable to act as aforesaid and every new trustee or trustees appointed as aforesaid shall have the same powers authorities and discretions and shall in all respects act as if he or they had been originally nominated in this Act. Short title. 3. This Act shall be known and maybe cited for all purposes as " Scott's Leasing Act of 1873." SCHEDULES. FIRST SCHEDULE. FlKST — All that parcel of land in the Colony of New South Wales containing by admeasurement three hundred and twenty-nine acres or thereabouts be the same more or less situate in the county of Murray at the Mulloon being the southern half or portion of six hundred and iifty-eight acres or thereabouts granted to the said William Scott by grant dated the twenty-eighth day of May one thousand eight hundred and thirty-nine Commencing at the south-west corner of six hundred and forty acres on the Mulloon granted to the said William Scott and bounded on the east by part of the west boundary of that land being a line bear- ing north forty-five chains and eighty-five links on the north by the northern half or portion of the said six hundred and fifty-eight acres being a line bearing west sixty-nine chains to the east boundary of another six hundred and forty acres granted to the said William Scott on part of the west by part of the east boundary of the last-mentioned six hundred and forty acres being a line bearing south thirty-four chains and thirty-five links again on the north by a line bearing west eleven chains and on the remainder of the west by a line bearing south eleven chains and fifty links to the north-west corner of another six hundred and forty acres and on the south by the north boundary of that laud being a line bearing east eighty chains to the point of commencement excepting therefrom and always reserving thereout the piece or parcel of land next herein mentioned that is to say (secondly) All that piece or parcel of land being portion of the said three hundred and twenty-nine acres hereinbefore described containing by admeasurement forty- seven acres Commencing at a gum-tree marked on four sides on the right bank of the Mulloon Creek in the said county of Murray distant sixteen chains and forty links west from the north-east corner of the said three hundred and twenty-nine acres Bounded thence on the north by a line bearing east eleven chains on the east by a line bearing south nineteen chains on the south by a line bearing west twenty-seven chains to the Mulloon Creek ou the west by the right bank of the Mulloon Creek to its intersection with the northern boundary-line of the said three hundred and twenty-nine acres and thence again on the north by that boundary-line bearing east ten chains sixty links to the point of commencement. SECOND SCHEDULE. All that piece or parcel of land in the said Colony containing by admeasurement six hundred and forty acres be the same more or less situate in the county of Murray at the head of the Mulloon Commencing at the south-west corner of William Scott's six hundred and forty acres and bounded on the north by that land being a line bearing east eighty chains on the east by a line bearing south eighty chains on the south by a line bearing west eighty chains and on the west by a line bearing north eighty chains to the south-west corner of William Scott's six hundred and forty acres aforesaid being the land sold as lot fifteen in pursu- ance of the advertisement of 30th January 1839. THIRD SCHEDULE. All that parcel of land in the said Colony containing six hundred and forty acres situated in the county of Murray at Mulloon aforesaid bounded on the north by the section-line which forms the south boundary of a measured portion of six hundred and forty acres west eighty chains commencing at the south-west corner of the said six hundred and forty acres on the west by a section-line south eighty chains on the south by a section-line east eighty chains and on the east by a section- line north eighty chains to the south-west corner of the six hundred and forty acres aforesaid being the land sold as lot twenty-three in pursuance of advertise- ment of 1st December 1835. 1015 SEEISIER'S ESTATE. An Act to authorize the mortgage and leasing of certain 48 Victoria. lands and hereditaments devised by the will of Jean Emile Serisier deceased and for other purposes. [21 October, 1884.] WHEEEAS Jean Emile Serisier formerly of Dubbo but late of Preamble. Sydney in tlie Colony of New South Wales general storekeeper deceased was at the time of his death hereinafter mentioned seized and possessed of an estate of inheritance in fee-simple of the lands and hereditaments in the first Schedule to this Act mentioned and described free from incumbrances subject to the last two parcels thereof to the payment to the G-overnment of fifteen shillings per acre and of the lands and hereditaments in the second schedule to this Act mentioned and described subject to a mortgage from the said Jean Emile Serisier to the Commercial Banking Company of Sydney which said mortgage has since the death of the said Jean Emile Serisier been paid released and discharged And whereas the said Jean Emile Serisier duly made and published his last will and testament dated the fourth day of June in the year one thousand eight hundred and seventy-nine and thereby gave devised and bequeated to his trustees thereinafter named the whole of his real and personal estate upon trust to pay to his wife Margaret Bertaux then Margaret Serisier one-quarter of the rents and profits of his real and personal estate for her life-time should she remain his widow but in the event of his said wife contracting mar- riage within eighteen months of his decease then he directed his trustees to pay to his said wife only one-sixth of the rents and profits of his said estate for her life free from the debts control or engage- ments of any husband she may intermarry and he directed his said trustees to invest all his personal estate and also the benefits of his business and also the rents and profits of his real estate in either real bank or G-overnment securities and pay so much as they might think proper to his said wife (to be decided by majority of votes in vrriting) for the education and maintenance of his children until the youngest child should attain the age of twenty-one years and on the youngest of his said children attaining the age of twenty-one years then he directed the whole of his estate to be divided between his wife if living and the whole of his children or their heirs share and share alike the heirs of any of his said children to be entitled to their parents' share only And he thereby authorized and directed that his wife should have power and authority if she should think proper during her widow- hood to sell dispose and convey any part or portion of any real and personal estate And that she and his said trustees should have power to sign and convey the same to any purchaser and give receipts and discharges for the same And he appointed his said wife the said Margaret Bertaux then Margaret Serisier guardian of his said children and sole executrix of that his will and his said wife Narcisse Muller of Dubbo in the Colony aforesaid publican and James Holmes also of Dubbo bank manager trustees of that his will And whereas the said Jean Emile Serisier died on the tenth day of Eebruary one thou- sand eight hundred and eighty without having in any way revoked or altered his said will and leaving him surviving the said Margaret 1016 SEEISIEE'S ESTATE. 48 VicTOEiA, Bertaux then Margaret Serisier Hs widow and five children namely Jean de Bouillion Emile Serisier Hippolyte Paulin Maqquarie Serisier Eritz AcHUe Serisier La Vigne Ernest Serisier and Daisy Marie Consolation Serisier And whereas the said James Holmes by a deed-poll dated on or about the seventeenth day of April one thousand eight hundred and eighty disclaimed and renounced all the real and personal estate and effects whatsoever given devised or bequeathed by the said will of the said Jean Emile Serisier and also the office of trustee of the said will and all trusts powers and authori- ties whatsoever by the said will expressed to be reposed in or given to the said Margaret Bertaux then Margaret Serisier Narcisse Muller and James Holmes and all rights and privileges belonging or annexed to the same or in anywise relating thereto And whereas the said will was duly proved in the Supreme Court of New South Wales in its Ecclesiastical Jurisdiction on the fourteenth day of September one thousand eight hundred and eighty by the said Margaret Bertaux then Margaret Serisier the sole executrix therein named And whereas the said Margaret Bertaux then Margaret Serisier on the fifteenth day of January one thousand eight hundred and eighty-three inter- married with and now is the wife of Bene Bertaux of Dubbo afore- said general storekeeper And whereas the said will of the said Jean Emile Serisier deceased does not give to the trustees or trustee thereof or to any other person any power to mortgage or demise the lands and hereditaments thereby devised And whereas it is impossible without the assistance of Parliament to mortgage the said lands and hereditaments devised by the will of the said Jean Emile Serisier deceased or to demise the same And whereas in consequence of such impossibility part of the lands and hereditaments in the two Schedules to this Act mentioned and described are and remain unimproved and entirely unproductive of income And whereas it is expedient and would be for the benefit of all parties interested in the said lands and hereditaments in the said C^chedules respectively mentioned and described that powers to mortgage and lease the same should be con- ferred on the trustees or trustee for the time being of the said will of the said Jean Emile Serisier deceased for the benefit of the persons interested under the said will and that the rents and profits arising from the lease of such of the said lands and hereditaments as shall from time to time be leased should be held in trust for and the moneys raised by mortgage of such of the said lands and hereditaments as shall from time to time be mortgaged should be applied towards the improvement of the property for the benefit of the persons respectively entitled under the said will to the lands and hereditaments so mort- gaged 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 : — Power to borrow 1. It shall be lawful for the said trustees or trustee from time to ing'&c/'"^''"'''^' ■time for the purpose of raising any sum or sums of money which in their or his opinion it may be desirable to borrow for the purpose of erecting any buildings or repairing or re-building any existing buildings upon or otherwise improving any part or parts of the lands and here- ditaments mentioned and described in the said several Schedules to this Act to execute any mortgage or mortgages for any term or terms of years not exceeding twenty-one years of such part or parts of the said lands and hereditaments with power of sale and all other usual SEEISIEE'S ESTATE. 1017 powers provisions and covenants Provided tHat no person wto sLall 48 Victoria. advance money upon tlie security of any mortgage purporting to be made under tne power hereby given shall be bound to enquire as to the advisability or propriety of the raising of such money or as to the application of such money when raised and advanced and the receipt of the said trustees or trustee for the moneys so advanced shall effectually discharge the person advancing the same from any liability in respect of the misapplication or non-application thereof. 2. It shall be lawful for the said trustees or trustee from time to Power to grant time by deed or writing to demise and lease all or any part of the said '^^^^' lands and hereditaments to any person or persons for any term of years not exceeding twenty-one years to take effect in possession at the best yearly rent that can be reasonably obtained for the same without any fine premium or f oregif t And also from time to time by deed to demise and lease any part of the said lands and hereditaments to any person or persons who shall covenant to improve the same by repairing any building or buildings now standing or which shall hereafter be standing on any part of the land thereby leased or by erecting and building any house or houses building or buildings on such land or any part thereof or by otherwise expending in improvement such moneys as shall be deemed by the said trustees or trustee adequate to the interest to be parted with but so that every lease under this last-mentioned power shall be for a term not exceeding fifty years to take effect in possession or within one year from the date thereof and shall be at such rent as the said trustees or trustee shall having regard to the terms and conditions of such lease think reasonable and proper so however that nothing be taken by way of fine premium or foregift Provided that every indenture of lease made under the provisions of this section shall contain a covenant by the lessee to pay the rent thereby reserved and for insurance against fire of any building erected or to be erected on the land thereby demised and also a condition of re-entry on non-payment of rent within a time to be therein specified and so also that a counterpart of such lease be executed by the lessee Any lessee paying any rent reserved by any such lease to the said trustees or trustee shall not be bound to see to the application thereof and shall be free from any liability for the non-application or misapplication of the same or any part thereof. 3. The said trustees or trustee shall stand possessed of the net Trusts of invest- rents arising from and payable linder any lease made under the ™™ts rents &c. authority of this Act upon such trusts and with and subject to such powers provisions and declarations as shall as nearly correspond with the uses trusts provisions and declarations in the said will expressed and contained concerning the said lands and hereditaments or any part or parts thereof respectively or such of them as shall be subsisting or capable of taking effect as the different nature and quality of the premises and the rules of law and equity will permit Provided that it shall be lawful for the said trustees or trustee at any time or from time to time to apply the whole or any part of the rents and profits of any portion or portions of the said lands and hereditaments in the said Schedules to this Act mentioned and, described in or towards pay- ment of the principal and interest from time to time due or owing on the security of any mortgage or mortgages of any portion or portions pi the said land and hereditaments in the said Schedules to this Act mentioned and described executed under the power herein contained. lOlg SEEISIEE'S ESTATE. 48 Victoria. 4. It stall be lawful for the said trustees or trustee to make and Power to make alter and concur in the making and altering of any roads streets roada &c. qj, ^ays on and over any part or parts of the said lands and heredita- ments And also to erect make and carry out and concur in the erecting making and carrying out of any walls sewers drains water- courses or other works which may in the discretion of the said trustees or trustee conduce to the better laying out improving or selling of the said lands and hereditaments or the convenience and enjoyment of those persons who shall have purchased or shall purchase any part thereof The costs of any such works on the part of the said trustees or trustee or their or his proportion of any costs for such works and any costs and expenses of and incidental to the bringing of the said lands and hereditaments or any part thereof under the provisions of the Eeal Property Act (which the said trustees or trustee are or is hereby authorized to incur) may be deducted and retained by them or him in the same way they or he are or is hereby authorized to deduct and retain the costs and expenses of and incidental to sales hereunder Por any of the purposes of this section the said trustees or trustee may reserve and dedicate either absolutely or upon any conditions any part or parts of the said lands and hereditaments. Short title. 5. This Act may be cited as "Serisier's Estate Act of 1884." THE PIEST SCHEDIJLE. All that parcel of land containing by admeasurement three acres and twelve perches in the town of Dubbo in the parish of Dubbo in the county of Lincoln in the Colony of New South Wales portion three and allotments five and six of the subdivision of portion two Commencing at the intersection of the south side of Bultje-street with the north-west corner of portion three and bounded on the west by the west boundary-line of portion three bearing south five chains to the north-west corner of portion four on the south by the north boundary-line of por- tion four bearing east five chains to the north-east corner of portion four on the east by the west boundary-lines of allotments nine eight and seven (being part of the subdivision of portion two) bearing north one hundred and eighty-four links to the north, westcorner of allotment seven again on the south by the north boundary- line of allotment seven bearing east five chains to the west side of Macquarie- street again on the east by part of the west side of Maoquarie-street bearing north one chain fifteen links to the south-east corner of allotment four on the north by the south boundary-line of allotment four bearing west five chains to the east boundary-line of portion three (also the south-west corner of allotment four) again on the east by the west boundary-lines of allotments four three two and one bear- ing north two chains to the south side of Bultje-street and again on the north by the south side of Bultje-street bearing west five chains to the point of commence- ment be the said several dimensions a little more or less and being portion of the land in Certificate of Title vol. DXLVI folio 68. All that allotment or parcel of land in our said Colony containing by admeasure- ment two roods be the same more or less situated in the county of Lincoln parish of Dubbo and town of Dubbo being allotment number thirteen of section number nine Commencing on the western side of Darling-street at the south-eastern corner of allotment twelve and bounded thence on the east by that street southerly one chain and seven links on the south by the northern boundary-line of allot- ment fourteen westerly at right angles to Darling-street four chains and seventy links to a lane on the west by that lane northerly parallel with Darling-street one chain and seven links and on the north by the southern boundary-line of allotment twelve aforesaid easterly at right angles to Darling-street four chains and seventy links to the point of commencement being the allotment sold as lot DD under the advertisement dated the eighteenth day of October one thousand eight hundred and sixty-five and being the whole of the land comprised in Crown grant dated the twenty-ninth October one thousand eight hundred and sixty-six registered vol. XLii folio 63. SEEISIEE'S ESTATE. 1019 All that piece or parcel of land in our said Colony containing by admeasure- 48 VtCTOBIA. ment five acres three roods be the same more or less situated in the county of Lincoln and parish of Warrie portion one hundred and seventy -nine Commencing on the western side of a road at the south-eastern corner of portion one hundred and thirty-three of three hundred and twenty acres and bounded thence on the east by that road bearing south nine degrees forty minutes west five chains ninety- eight links on the south-west by a line bearing north seventy-two degrees forty- five minutes west nineteen chains eighty-six links and on the north by the southern boundary of portion one hundred and thirty-three aforesaid bearing east nineteen chains ninety-seven links to the point of commencement and being the land com- prised in Crown grant of ninth June one thousand eight hundred and seventy- seven vol. cccxxxiv folio 7. All that piece or parcel of land situate in the parish of Warrie county of Lincoln containing by admeasurement two hundred and nineteen acres more or less taken up as a conditional purchase under the Grown Lands Alienation Acts by Jean Emile Serisier on thirtieth October one thousand eight hundred and seventy-three and being C.P. 73/11314 and on which there is due to the Government a balance of fifteen shillings per acre. All that piece or parcel of land situate in the parish of Warrie county of Lincoln containing by admeasurement three hundred and twenty acres more or less taken up as a conditional purchase under the Crown Lands Alienation Acts by Jean Emilc Serisier on seventh November one thousand eight hundred and sixty-seven and being C.P. 67/2701 and on which there is due to the Government a balance of fifteen shillings per acre. THE SECOND SCHEDULE. All that allotment or parcel of land in our said territory containing by ad- measurement two roods be the same more or less situated in the village of Dubbo parish of Dubbo county of Lincoln being allotment number one of section number six bounded on the west by two chains of the east side of Macquarie-street bearing north on the north by an east line of two chains fifty links dividing it from allot- ment number two on the east by a line dividing it from allotment number twenty bearing south two chains to Bultje-street and on the south by two chains fifty links of the north side of Bultje-street bearing west to Macquarie-street Being the allotment sold as lot twenty- two in pursuance of the proclamation of twenty- third December one thousand eight hundred and fifty-three. All that parcel of land containing by admeasurement one acre one rood and thirteen perches town of Dubbo parish of Dubbo county of Lincoln Colony of New South Wales part of allotments thirteen fourteen fifteen and sixteen section six Commencing at a point on the west side of Brisbane-street two hundred and thirty-one feet north of the intersection thereof with the north side of Bultje- street and bounded on the east by part of the west side of Brisbane-street bearing north two hundred and thirty-one feet to the south-east corner of allotment twelve — Government subdivision — on the north by the south boundary-line of that allotment bearing west three hundred and thirty feet to the south-west corner of the said allotment on the west by the east boundary-line of allotment six and part of the east boundary-line of allotment five — Government subdivision — bear- ing south one hundred and thirty-one feet to the north-west corner of allotment thirteen — Serisier's subdivision — on the south by the north boundary-lines of allotments thirteen and fourteen bearing east ninety-two feet again on the west by the east boundary-line of allotment fourteen bearing south one hundred feet to the south-east comer thereof again on the south by the south boundary-lines of allot- ments fifteen and sixteen bearing east ninety-two feet to the south-west comer of allotment seventeen again on the east by the west boundary -lines of allotments seventeen and twenty-one bearing north one hundred and ninety-eight feet to the north-west corner of allotment twenty-one again on the south by the north bound- ary-line of allotment twenty-one bearing east forty-six feet to the north-west comer of allotment twenty-six again on the west by the east boundary-lines of allotments twenty-one and seventeen bearing south one hundred and ninety-eight feet to the south-east corner of allotment seventeen and again on the south by the south boundary -line of allotment eighteen bearing east one hundred feet to the point of commencement be the said several dimensions a little more or less. All that parcel of land containing by admeasurement one acre thirty perches and eight-tenths of a perch in the town of Dubbo in the parish of Dubbo in the county of Lincoln in the Colony of New South Wales Commencing at the inter- section of the west side oL Brisbane-street with north side of Bultje-street and 1020 SEEISIBE'S ESTATE. 48 ViCTOKIA. bounded on the east by part of the west side of Brisbane-street bearing north two hundred and thirty-one feet to the south-east corner of allotment eighteen — Ser- isier's subdivision — on the north by the south boundary-lines of allotments eighteen seventeen sixteen fifteen fourteen and thirteen bearing west three hundred and thirty feet to the east boundary-line of allotment three — Government sub- division — on the west by part of the east boundary -luie of the said allotment and allotment two and twenty bearing south two hundred and thirty-one feet to the north side of Bultje-street on the south by part of the north side of Biiltje-atreet bearing east thirty-three feet to the south-west corner of allotment one — Serisier's subdivision — on the west by the west boundary-lines of allotments one and twelve bearing north one hundred and ninety-one feet to the north-east corner of allot- ment twelve again on the south by the north boundary-line of allotment twelve bearing east forty-nine feet six inches to the north-east corner thereof again on the west by the east boundary-line of allotment twelve bearing south ninety-one feet to the south-east corner thereof again on the south by the north boundary-lines of allotments two three and four bearing east one hundred and forty-eight feet six inches to the north-east corner of allotment four again on the west by the east boundary-line of allotment four bearing south one hundred feet and again on the south by part of the north side of Bultje-street bearing east ninety-nine feet to the point of commencement be the said several dimensions a little more or less. All that parcel of land containing by admeasurement three roods and eight perches in the town of Dubbo parish of Dubbo in the county of Lincoln in the Colony of New South Wales Commencing at a point on the south side of McLeay- street one hundred and thirty-two feet west of the intersection thereof with the west side of Bourke-street and bounded on the north by part of the south side of McLeay-street bearing west sixty-six feet to the north-east corner of allotment seven — Serisier's subdivision — on the west by the east boundary-line of that allot- ment bearing south one hundred and thirty-two feet to the south-east corner of that allotment again on the north by the south boundary-lines of allotments seven and eight bearing west one hundred and thirty-two feet to the south-west corner of allotment eight again on the west by the west boundary-lines of allotments nine ten and eleven bearing south ninety-nine feet to the north-west corner of allot- ment twelve on the south by the north boundary-line of allotment twelve bearing easterly one hundred and thirty-two feet to the north-east corner thereof again on the west by the east boundary-line of allotment twelve bearing south thirty-three feet to the south-east comer thereof again on the south by a line bearing east sixty-six feet to the south-west corner of allotment six and again on the east by the west boundary-lines of allotments six five four three and two bearing north one hundred and ninety-eight feet to the point of commencement be the said several dimensions a little more or less. All that parcel of land containing by admeasurement one acre three roods and eight perches being part of allotment four of section fifteen being allotments two six eight nine ten eleven twelve thirteen fifteen and sixteen of Serisier's subdivision of said allotment four of section fifteen town of Dubbo parish of Dubbo county of Lincoln Colony of New South Wales Commencing at a point on the north side of McLeay-street sixty-six feet west of the intersection thereof with the west side of Bourke-street and bounded on the east by the west boundary-line of allotment seven — Serisier's subdivision— bearing north one hundred and thirty-two feet to the north-west corner of allotment seven on the south by the north boundary-line of allotment seven bearing east sixty-six feet to the west side of Bourke-street again on the east by part of the west side of Bourke-street bearing north thirty- three feet to the south-east corner of allotment five on the north by the south boundary-line of that allotment bearing west one hundred and thirty-two feet to the south-west corner of allotment five again on the east by the west boundary- line of allotments five four and three bearmg north ninety-nine feet to the north- west corner of allotment three again on the south by the north boundary-line of allotment three bearing east one hundred and thirty-two feet to the west side of Bourke-street again on the east by part of the west side of Bourke-street bearing north thirty-three feet to the south-east corner of allotment one again on the north by the south boundary-line of allotment one bearing west one hundred and thirty- two feet to the south-west corner of allotment one again on the west by the west boundary-line of allotment one bearing north thirty-three feet to the north-west corner of allotment one again on the north by part of the south boundary-line of portion three section fifteen (of the Government survey) bearing west one hundred and ninety-eight feet to the north-west corner of allotment nine— Serisier's sub- division -agam on the west by the west boundary-lines of allotments nine ten SILLITOE'S TRUSTEES. 1021 eleven twelve and thirteen bearing sonth one hundred and sixty-five feet to the ^g Victoria, north-west comer of allotment fourteen again on the south by the north boundary- line of allotment fourteen bearing east one hundred and thirty-two feet to the north- east corner of allotment fourteen again on the east by the east boundary -line of allot- ment fourteen bearing south thirty- three feet to the south-east corner of allotment fourteen again on the south by the south boundary-line of allotment fourteen bear- ing west one hundred and thirty-two feet to the south-west comer of allotment fourteen again on the west by the west boundary -line of allotment sixteen bearing south one hundred and thirty-two feet to the north side of McLeay-street and again on the south by part of the north side of MoLeay-street bearing east two hundred and sixty-four feet to the point of commencement be the said several dimensions a little more or less. All that parcel of land containing by admeasurement one acre three roods eight perches and four-tenths of a perch being part of suburban portion five in the town of Dubbo parish of Dubbo county of Lincoln Colony of New South Wales Com- mencing at a point on the west side of Macquarie-street ninety-two feet north of the intersection thereof with the north side of Bultje-street and bounded on the east by part of the west side of Macquarie-atreet bearing north two hundred and thirty-eight feet to the north-east corner of allotment five on the north by the south boundary-line of allotment six bearing west three hundred and thirty feet to the south-west corner of allotment six on the west by part of the east boundary- line of allotment eight bearing south two hundred and thirty-eight feet and on the south by a line dividing it from other part of allotment five bearing east three hundred and thirty feet to the point of commencement be the said several dimen- sions a little more or less. All that allotment or parcel of land in our said territory containing by admeasure- ment two roods be the same more or less situated in the town of Wellington parish of Wellington county of Wellington being allotment number four of section number one Commencing at the north-west corner of allotment number three and bounded on the north by a line of one chain along Gobalyon-terrace on the west by a line of five chains at right angles to Gobalyon-terrace on the south by a line 'of one chain parallel to Gobalyon-terrace and on the east by a line of five chains at right angles to Gobalyon-terrace to the commencing corner aforesaid Being the allotment sold as lot one in pursuance of the proclamation of twenty- first February one thousand eight hundred and fifty-four. SILLITOE'S TRUSTEES. An Act for enlarging the powers of the Trustees or Trus- igvicToniA. tee for the time being of a certain indenture of release and settlement made by Mr. Acton Sillitoe of land at Double Bay in the parish of Alexandria in the county of Cumberland and for enlarging and extend- ing the trust for sale contained in the said indenture and for other purposes therein contained. [18 De- cember, 1855.] WHEREAS by an indenture bearing date on or about the twenty- Preamble, eighth day of September one thousand eight hundred and forty -four and made between Thomas Icely Esquire of the first part Acton Sillitoe merchant of the second part Sarah Sillitoe wife of the said Acton Sillitoe of the third part and Archibald Windeyer Esquire and Archibald Mitchell merchant therein designated trustees of the fourth part in consideration of the sum of eight hundred pounds paid by the said Acton Sillitoe to the said Thomas Icely and in con- sideration of the natural love and affection which the said Acton Sil- litoe had and bore towards the said Sarah Sillitoe and his children the said Thomas Icely by direction of the said Acton Sillitoe granted and 1022 SILLITOE'S TETJSTEES. 19 Victoria, released unto the said trustees a certain parcel of land situated in Double Bay in the parish of Alexandria in the county of Cumberland containing six acres more or less to hold unto and to the use of the said trustees their heirs and assigns upon certains trusts in the said indenture expressed for the benefit of the said Acton SilUtoe and Sarah Sillitoe his wife during their respective lives and upon the death of the said Sarah Sillitoe or upon the youngest child of the said Acton Silli- toe and Sarah Sillitoe arriving at the age of twenty-one years whichr ever of the two should last happen upon trust that the said trustees and the survivor of them and their heirs executors and administrators of such survivor should sell and dispose of the said hereditaments in manner therein mentioned and should hold the residue of the pur- chase money after payment of all expenses attending any sale or sales or otherwise incurred in the execution of the trusts thereby declared in trust as in the said indenture mentioned And whereas the said Archibald "Windeyer has never in anywise acted or interfered in the aforesaid trusts and the said Archibald Mitchell is now the sole acting trustee of the said settlement And whereas divers parts of the land comprised in the said settlement are so situated as to be convertible to profitable account by the sale thereof in allotments for building and it is considered that the entirety thereof may be advantageously sold either in one lot or several lots upon divers terms as to credit for pur- chase money interest and security for the same and upon other con- ditions requiring an extension of the powers and authorities of the trustees so as to enable them to effect an immediate sale of the said land and to confirm and give legal effect to such sale or sales And whereas it is considered that the proceeds of such sales or the other trust moneys from time to time in the hands of the trustees or trustee for the time being of the said settlement may from time to time be advantageously invested in the purchase of other lands in New South Wales or upon real or G-overnment security therein and the advan- tages to be derived from the improved and marketable value of the trust property will be greatly impaired unless the trust for sale con- tained in the said settlement be extended for the purposes aforesaid and otherwise as hereinafter mentioned and enacted And whereas the said Acton SilUtoe and Sarah Sillitoe are desirous that the said lands should be sold and the proceeds thereof invested as aforesaid 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 : — Archibald 1. It shall be lawful for the said Archibald Mitchell as such surviv- Mttng tru8tee^° ing trustee as aforesaid or the trustees or trustee for the time being of mayseiiandoon- the said settlement to sell the lands and hereditaments comprised in provtded^certain the said indenture either by public auction or private contract and tad at Double either in one or more parcels or allotments and with such rights-of- ^^' way in and over any portion of such land as he or they shall deem most expedient and for such price or prices as can be reasonably obtained for the same and when sold to convey the same or any part or parts thereof to the purchaser or purchasers their or his heirs or assigns and thereupon the said hereditaments or such part thereof as shall be so conveyed by the said Archibald Mitchell or the trustees or trustee for the time being of the said settlement and the legal estate therein shall vest absolutely in the person or persons to whom the same shall be so conveyed their heirs and assigns freed and discharged from the trusts created by the said iadenture. SILLITOE'S TEUSTEES. 1023 2. It shall be lawful for the said Archibald Mitchell or the trustees 19 Victdeia. ar trustee for the time being of the said settlement to allow to any And may allow a purchaser or purchasers of the said land or any part or parts thereof i^™c£^e"°' credit for any number of years not exceeding eight years for payment money, of his or her purchase money or any part thereof upon such terms as to interest or otherwise as may by the said Archibald Mitchell or the trustee or trustees for the time being of the said settlement be deemed proper provided that the land shall remain unconveyed or be otherwise rendered a security for the unpaid purchase money together with the interest thereon until the same shall have been paid and further that either as a part of the contract of purchase or otherwise it shall be lawful for the said Archibald Mitchell or the trustees or trustee for the time being of the said settlement to lay out and invest any part of the proceeds of the sale of the said land or any other land originally com- prised in the said trusts or any part of the said trust moneys upon mort- gage of the same or of any other part of the said land to be taken from, any purchaser or purchasers thereof or his her or their heirs or assigns. 3. It shall be lawful for the said Archibald Mitchell or the trustees And may invest or trustee for the time being of the said settlement at their or his S^to^the^troft discretion to invest the moneys belonging to the trusts of the said as herein ap- settlement either at interest upon real securities or upon securities of ^°'° ^ ' the Grovernment of New South "Wales or in erecting buildings or making improvements or repairs in and upon unsold portions of the said estate for the time being or upon purchase of other lands and hereditaments in New South Wales as the said Archibald Mitchell or the trustees or trustee for the time being of the said settlement shall think fit and either of any of the modes or investment aforesaid shall be deemed and construed to be equally in accordance with the intent and meaning of the said settlement and shall be subject to the trusts of the said settlement so far as such trusts shall be applicable thereto. An Act to enable tlie Trustees under a certain indenture 22 TicioEii. of settlement made by Mr. Acton Sillitoe of land at Double Bay in the parish of Alexandria in the county of Cumberland to sell the said land and to invest the money to arise from such sale upon the trusts of the said settlement. [7 October, 1858.] WHEEEAS by an indenture bearing date on or about the nine- Preamble, teenth day of July one thousand eight hundred and forty-eight and made between George Cooper Turner solicitor of the first part Acton Sillitoe merchant of the second part Sarah Sillitoe wife of the said Acton Sillitoe of the third part and Archibald Windeyer Esquire and Archibald Mitchell merchant therein designated trustees of the fourth part in consideration of the sum of forty pounds paid by the said Acton Sillitoe to the said GTeorge Cooper Turner and in consideration of the natural love and affection which the said Acton Sillitoe had and bore towards the said Sarah Sillitoe and his children the said G-eorge Cooper Turner by direction of the said Acton Sillitoe granted and released unto the said trustees a certain parcel of land situated in Double Bay in the parish of Alexandria in the county of Cumberland containing one rood and seventeen perches more or less To hold unto and to the use of 1024i SILLITOE'S TEUSTEES. 22 ViOTOEiA. tlie said trustees their heirs and assigns upon certain trusts in the said indenturs expressed for the benefit of the said Acton Sillitoe and Sarah Sillitoe his wife during their respective lives and upon the death of the said Sarah Sillitoe or upon the youngest child of the said Acton Sillitoe and Sarah Sillitoe arriving at the age of twenty-one years whichever of the two should last happen Upon trust that the said trustees and the survivor of them and the heirs executors and adminis- trators of such survivor should sell and dispose of the said heredita- ments in manner therein mentioned and should hold the residue of the purchase money after payment of all expenses attending any sale or sales or otherwise incurred in the execution of the trusts thereby declared in trust as in the said indenture mentioned and should hold the residue of the purchas'e money after payment of all expenses attending any sale or sales or otherwise incurred in the execution o£ the trusts thereby declared in trust as in the said indenture mentioned And whereas by indenture bearing date the third day of November one thousand eight hundred and fifty-five the Eeverend Eobert Allwood clerk and William Greorge Pennington gentleman were duly appointed trustees of the said settlement in the place and stead of the said Archibald Windeyer and Archibald Mitchell And whereas the land comprised in the said settlement is contiguous to other lands which under and in pursuance of the powers vested in the said Robert Allwood and William George Pennington by an Act of the Q-overnor and Legislative Council of the Colony of New South Wales passed in the year one thousand eight hundred and fifty-five they have sold and conveyed to Mr. Thomas Skinner for the sum of five thousand pounds And whereas the said Thomas Skinner has agreed to purchase the land comprised in the said recited settlement for the sum of one thousand five hundred pounds conditionally upon a valid conveyance thereof being made to him and in the meantime he has agreed to lease the same as an occupation paddock at the yearly rent of twenty-five pounds And whereas the said trustees have no power to let the said land save as aforesaid or in anywise to improve the same or to obtain a better income therefrom And whereas it is considered and if authority can be obtained for the sale of such land the proceeds of the sale thereof may from time to time be advantageously invested upon real or G-overnment security in New South Wales and the advantages to be derived from the improved and marketable value of the trust property will be greatly impaired unless the trust for sale contained in the said recited settlement be extended for the purposes aforesaid and otherwise as hereinafter mentioned and enacted And whereas the said Acton Sillitoe and Sarah Sillitoe are desirous that the said lands should be sold and the proceeds thereof invested as aforesaid 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: — s^oidiKon! 1- I* shall be lawful for the said Robert Allwood and William veyedbytrasteeg Grcorge Pennington as such trustees as aforesaid or the trustees or the°tnistfo£°'" ti'ustee for the time being of the said settlement to sell the land com- settiement. prised in the said secondly mentioned indenture to the said Thomasi Skinner his heirs and assigns for the sum of one thousand five hundred pounds and to convey the same accordingly and thereupon the legal estate therein shall vest absolutely in the person or persons to whom the same shall be so conveyed their heirs and assigns freed and dis- charged from the trusts created by the said indenture. SING-LETON GAS. 1025 2. It shall be lawful for tlie said Eobert AUwood and "William George 22 Victoria. Pennington or the trustees or trustee for the time being of the said Credit may be settlement to allow to the said purchaser of the said land or any part mintof'pmchase or parts thereof credit for any number of years not exceeding seven money. years for payment of the purchase money or any part thereof upon such terms as to interest or otherwise as may by the said Eobert All- wood and William George Pennington or the trustees or trustee for the time being of the said settlement be deemed proper provided that the land shall remain unconveyed or be otherwise rendered a security for the unpaid purchase money together with the interest thereon until the same shall have been paid. 3. It shall be lawful for the said Eobert Allwood and William George Proceeds of sales Pennington or the trustees or trustee for the time being of the said oovernment^or" settlement at their or his discretion to invest the moneys belonging to real securities to the trusts of the said settlement either at interest upon real securities trusts of'settie- ° or upon securities of the Government of New South Wales as the said n»™*- Eobert Allwood and William George Pennington or the trustees or trustee for the time being of the said settlement shall think fit and the modes of investment aforesaid shall be deemed and construed to be equally in accordance with the intent and meaning of the said settle- ment and shall be subject to the trusts of the said settlement so far as such trusts shall be applicable thereto. SINGLETON GAS. An Act to enable Alexander Mimro to erect Gasworks 47 Victoria in the Borougli of Singleton and to regulate the establishment and carrying out of Gasworks in Singleton aforesaid and to regulate the sale supply and quality of the Gas to be supplied and for other purposes. [16 May, 1884.] WHEEEAS it is expedient that the Borough of Singleton in the Preamble. Colony of New South Wales should be supplied and lighted with gas And whereas Alexander Munro of Greenwood Singleton hereinafter designated the promoter desires to establish and carry out works for such purposes and other purposes incidental thereto in the said borough And whereas the Municipal Council of the said borough have at the request of the promoter and in consideration of the benefits to arise from the establishment and carrying out of such works con- sented to the vesting in the said promoter of all necessary powers and authorities so far as the rights and interests of the said Municipal Council are concerned Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legis- lative Council and Legislative Assembly of New South Wales in Par- liament assembled and by the authority of the same as follows : — 1. The promoter is hereby authorized and empowered by himself Authority to his servants contractors agents and workmen from time to time to break^upstreets make erect sink lay place fit maintain and repair such retorts gas- roads &o. ometers meters receivers cisterns engines machines cuts drains sewers watercourses pipes reservoirs buUdings and other works and devices 3t 1026 SmGLETON G-AS. 47 VicTOKiA, of sucli construction and in suet manner as the promoter shall think necessary or proper for the purpose of carrying out the operations of the promoter in respect of and incidental to the making and supplying of gas in conformity with this Act and also for all such purposes to open and break up the soil and pavement of the several streets and bridges within the limits of the borough and suburbs aforesaid and to open and break up any sewers drains or tunnels within or under such streets and bridges and to erect posts pillars lamps lamp-irons and other apparatus in or upon the same streets and bridges or against any wall or walls erected on or adjoining to any of them and to dig and sink trenches and drains and to lay mains and pipes and put stop-cocks siphons plugs or branches from such mains or pipes in under across or along such streets and bridges and also with such consent as hereinafter mentioned to do the like in under across or along any private roads ways lanes passages buildings and places and from time to time to cut stop remove alter repair replace and relay such main-pipes stop-cocks siphons plugs branches or other apparatus Provided always that nothing in this section contaiued shall be deemed to authorize the promoter his servants contractors agents or workmen to enter into or upon any private lands buildings or places for any of the purposes aforesaid or to carry out thereon any work authorized by this Act without the previous consent in writing of the occupiers thereof but the promoter may at any reasonable time by himself his servants agents or workmen enter upon any land or place wherein any pipe has already been laid down or placed in pursuance of this Act and repair or alter the existing pipe or lay or place any new pipe in its stead And provided also that the promoter shall give forty-eight hours notice in writing to the Council Clerk of the Borough prior to the opening or breaking up as aforesaid of any street road pavement sewer drain or tunnel within the said borough. 2. It shall be lawful for the promoter to contract with any person for supplying with gas any such person or any street way lane passage manufactury shop warehouse public or private house building or place and for such purpose from time to time to lay down carry fit up connect and furnish any pipe branch or burner lamp meter or other apparatus from or in connection with any main pipe or to lay down any new main which for such purposes may be required and to let any such apparatus for hire for such sum as may be agreed upon which sum may be recovered in like manner as any rent or remunera- tion for the supply of gas Provided always that in all cases where damage may be done by the promoter his agent workmen or others in the course of laying on or removing apparatus the said damage shall be made good at the expense of the promoter and in case he shall delay within a reasonable time to make good such damage the owner or occupier of such premises may make good the same and recover the expense thereof from the promoter in the same manner as is herein pro- vided for the recovery of any sum of money payable under the pro- visions of this Act Provided also that if any owner or occupier of movai o( appara- ^^J huildiug tenement or place or any person acting for him shall refuse reasonable access in pursuance of the provisions of this or the sixteenth section of this Act to the contractors agents workmen or servants of the promoter for the purpose of removing any such pipe burner meter or apparatus placed or introduced into any such building tenement or place by the promoter or shall prevent or obstruct such removal then the said owner occupier or person acting for him shall Power to make contracts for supply of gas. And carry out works for that purpose. Occupier ob- structing: re- SING-LETON GAS. 1027 immediately make payment to tlie promoter for such pipe burner 47 Victoeia. meter or apparatus and in default of his so doing wittin three days after demand thereof made at the same building tenement or place or the residence of the party it shall be lawful for the promoter to make complaint thereof before any Justice of the Peace who may cause to be issued a summons to the persons so making default calling on him to show cause before the nearest Court of Petty Sessions to where the building tenement or place is situated why he refuses to pay such demand and thereupon the said Court shall proceed to the adjudi- cation and enforcement of such demand in the manner hereinafter set forth And if any person shall place or lay any pipe to communicate Fraudulent use with any main-pipe meter or other apparatus aheady laid placed or tion*o°worta[en erected by the said promoter or shall use additional burners or burners damages to ap- of large dimensions or of other kind or description than that he has contracted with the promoter to use or shall keep the gas supplied by («) him burning for a longer time than he has contracted to pay for or shall supply any person with any of the gas supplied to him by the promoter without his consent in writing first obtained or if any person shall wantonly or maliciously hinder or interrupt the con- tractors workmen agents or servants of the promoter in legally doing or performing any of the acts aforesaid or in exercising the powers and authorities by this Act given or if any person shall wilfully negli- gently or accidentally do or cause to be done any injury or damage to any of the buildings machinery pipes burners lamps meters or ap- paratus of the promoter or remove the same or cause a waste or im- proper use of gas supplied by the promoter it shall be lawful for the promoter to make a complaint thereof before any Justice of the Peace who may cause to be issued a summons to the person so offending to appear before the Court of Petty Sessions nearest to the place where such offence shall be committed and being thereof lawfully convicted such person shall forfeit and pay to the promoter any sum not exceeding five pounds over and above all damages done and over and above all costs such sum to be ascertained by such Court and to be enforced by distress and all proceedings under this Act not herein expressly provided for shall be regulated and conducted in accord- ance with the Acts in force for the time-being respecting summary proceedings' before Jra'+ices of the Peace and the provisions of such Acts shall so far as me s?^id twenty-b'j^able be enforced and observed in all proceedings under this'^Uled water ^in. expressly provided for. 3. No pipe burner lamp ilvp„ other apparatus of the promoter Apparatus not being set up in any bnildin^ ' ,^ment or place shall be subject to execuHon'^&c"^^ distress for rent or shall be taTS5i in execution under any process or proceeding of any Court of law or equity or under any proceedings in insolvency save so far as any process or proceedings against the promoter are concerned. 4. When and so often as the promoter his servants contractors Materials of agents or workmen shall have opened broken up or removed the soil bfo^*nfoi,e or pavement of any street or bridge as aforesaid or shall have opened replaced. or broken up any sewers drains or tunnels within or under any such streets or bridges the promoter shall make all reasonable despatch in performance of the work to be done and shall on completion of such work forthwith carry away all rubbish and waste or surplus material and reinstate such pavement stone or other material and render such street or bridge and every such sewer drain and tunnel (a) Qy.— to. 1028 SINGLETON GAS. 47 Victoria, wifhin or under tte same as nearly as possible in tlie same condition Barriers and as it was in previously to the disturbance thereof and during the con- liRhta to be kept ^i^^jj^^gg q£ g^(,|^ ^qj]j j^-^,^ ^^^j]^ g^g]i reinstatement the promoter shall set up sufElcient barriers and keep lights burning at night in order Nuisances. to prevent accidents And also v^rhen and so often as any gas pitch waste tar waste liquid or other things shall escape or flow from any pipe receivers or drain being part of or incidental to the works to be erected under this Act so as to contaminate the air or any stream spring or other watercourse or body of water natural or artificial and render the same unhealthy or offensive or unfit for use it shall be lawful for any person to give notice thereof in writing to the promoter who shall immediately take the most speedy and effectual measures to prevent or remedy the same and if the promoter shall make default in any of the matters so required by him to be performed it shall be lawful for any person to lodge complaint thereof before any Justice of the Peace who may summon the promoter before the nearest Court of Petty Sessions and on proof of such default the said Court of Petty Sessions shall order and direct that the said matters shall be done by the promoter within a reasonable time to be named by such Court and in default of compliance with such order any Justice of the Peace on proof of such default on the part of the promoter and on proof that the complainant or any other person has performed the said work so to be done and of the costs charges and expenses attend- ing the same shall issue a distress warrant against the goods and chattels of the promoter for any amount not exceeding the said charges and expenses and the cost of prosecuting such complaint to be paid to the person performing the said work as aforesaid. Price purity and 5. The price for the gas shall at no time exceed thirteen shillings po\ve"of'tbe ^^^ sixpence per thousand cubic feet and the gas supplied shall be gas. absolutely free from sulphuretted hydrogen and shall be of such minimum quality as to produce from an Argand burner having fifteen holes and a seven-inch chimney consuming five cubic feet of gas per hour a light equal in intensity to the light produced by fifteen sperm candles of six in the pound burning one hundred and twenty grains per hour. Provision for 6. The promoter shall within twelve months after receiving notice testing. from the Borough Council put up ^i--av^ i-'-fa'^^^xAsuCeto be provided by the said council within the ^"^1^ ^"-^^ ^^i^.leT^paratus for the pur- poses following :— "• like ^^'^'^'' (1.) Per testing the illumina-'^®'^ ^^^hv of the gas supplied. (2.) Por testing the presence o., yliuretted hydrogen in the gas supplied The said apparatus' shall be in accordance with the Schedule hereunto annexed and shall at all times be kept and maintained in good repair and working order by the promoter. Appointment of 7. The Borough Council may from time to time appoint a competent gas examiner. g_j^^ impartial person to be gas examiner to test the gas at the testing place who shall test the illuminating power and purity of the gas supplied on any or every day and the promoter may be represented at the testing if he shall think fit but shall not be entitled either by him- self or his representative to interfere in the testing. Gas examiner to 8. The gas examiner shall on the day immediately following that on report &o. which the testing was made by him deUver to the Borough Council a report of such testing and shall deliver a copy thereof to the promoter and such report shall be receivable in evidence. SINGLETON G-AS. 1029 9. Any gas examiner appointed by the Borougli Council shall be 47 Victoria. paid a salary not exceeding one hundred pounds per annum which shall Gas examiner be paid one moiety by the council and the other moiety by the promoter. ^"'^ p^"^- 10. No meter shall be used for ascertaining the quantity of gas sold Meters. by the promoter unless the same shall have its measuring capacity at one revolution or complete action of the meter and also the quantity per hour it is intended to measure in cubic feet or multiples or decimal parts of a cubic foot denominated or marked on the outside thereof in legible letters or figures and shall have been tested and stamped as correct by the English Warden of Standards. 11. An inspector of meters may from time to time be appointed by Borough council the Borough Council and the said inspector shall at all times when "ptctorofmetSe. authorized by the council on the application and at the expense of any consumer of gas supplied by the promoter be entitled to inspect and test the meters erected by the promoter in the premises of the person making such request after giving forty-eight hours notice of such in- tended inspection to the promoter and before such inspection the per- son requiring \h.e same shall deposit in the hands of the inspector all moneys due or appearing to be due by such person to the promoter on account delivered and in case such deposit shall be in excess of the sum found to be due to the promoter such excess shall be returned to the consumer. 12. No meter which shall have been fixed by the promoter for Regulation of use before the expiration of one year of the time when this Act comes ™^*^'^^- into operation shall be allowed to remain in use after the expiration of five years from that time unless it shall have been tested and stamped as by this 'Act directed and no meter once tested and stamped under the provisions of this Act shall be allowed to remain in use for more than five years from the time when it shall have been last so stamped unless and until it shall have been retested and restamped in manner aforesaid and whenever the promoter shall knowingly allow any meter to be used in contravention of this section he shall be liable to a penalty not exceeding forty shillings for every such ofEence. 13. After the expiration of one year from the time when this Act Legal standard comes into ojoeration the legal standard or unit or measure for the sale of the promoter's gas by meter shall be the cubic foot containing sixty- two and three hundred and tweji^-one thousandths (62'321) pounds avoirdupois weigl>^\cof distilled i ^o^r or rain water weighed in air at the temperature of^sixt;;'^'^-!) da ivfi of Eahrenheit's thermometer the barometer being at thirtV^ ^efc.- ' 14. If any person shall j^;rfoc'or counterfeit or cause or procure Forging stamp, to be forged or counterfeited cS*<;nowingly act or assist in the forging or counterfeiting any stamp vmich may hereafter be used for the stamping of any meter under this Act every person so offending shall for every such offence be liable to a penalty not exceeding fifty pounds or less than ten pounds and if any person shall knowingly sell utter or dispose of let lend or expose for sale any meter with such forged stamp thereon every person so offending shall for every such offence be liable to a penalty not exceeding ten pounds or less than forty shillings and all meters having forged or counterfeited stamps thereon shall be forfeited and destroyed. 15. All gas supplied by the promoter shall except in case of accident pressure of gas. be supplied at such pressure as to balance from midnight to sunset a 1030 SIlSrGLETON GAS. 47 ViCTOEIA Power to cut off gas of defaulter. column of water not less than six-tenths of an inch in height and to balance from sunset to midnight a column of water not less than one inch in height. 16. It shall be lawful for the, promoter to cut off and take away the supply of gas from the building tenement or other place of every person or body making default in payment after giving twenty-four hours' notice to the occupier and thenceforth to discontinue the supply of gas contracted for with the promoter by such person or body and to enter by himself his agents or workmen into such building tenement or place between the hours of nine in the forenoon and four in the afternoon and remove and carry away any pipe burners lamp meter or other apparatus the property of the promoter and the promoter shall have the like powers with regard to cutting ofE taking away and discon- tinuing the supply of gas in the case of the building tenement or place of any person who shall have been lawfully convicted as hereinbefore provided of any fraudulent injury to any meter or apparatus on such Remedy for premises or fraudulent use of the gas of the promoter And in case reoorery of rents g^^j pej-gon who shall contract with the promoter or agree to take or shall take or use the gas of the promoter in any building tenement or place or otherwise shall refuse or neglect to pay the sum or sums of money then due under his or their contract for the same to the promoter according to the terms and stipulations thereof it shall be lawful for the promoter to make complaint of such refusal or neglect before any Justice of the Peace who may cause to be issued a summons to the party so refusing or neglecting calling on him or them to show cause before the Court of Petty Sessions in the police district in which such building tenement or place is situated or such user took place why he or they refuses or refuse to pay such sum or sums and thereupon the said Court shall proceed to the adjudication of the said complaint and enforcement of the said demand and costs charges and expenses incurred in the prosecution thereof by distress and sale of the goods and chattels of the person so refusing or neglecting to pay. 17. The clerk engineer or other officer duly appointed for such pur- pose by the promoter may at all reasonable times enter any building tenement or place lighted with gas supplied by the promoter in order to inspect the pipes burners lamps meters or other apparatus of or connected with the works of the promoter to regulate the supply of gas or to ascertain the quan1;ity of gas consumed or supplied and if any person shall hinder any such officer as aforesaid from so entering or making such inspection as aforesaid at any reasonable time such person shall for every such offence forfeit and pay to the promoter a sum of money not exceeding five pounds to be awarded and recovered by the promoter in like manner as the penalties aforesaid. 18. Any person may appeal from the judgment or conviction of any Court of Petty Sessions under this Act in the form and manner set forth in the Act of Council fifth "William the Pourth number twenty-two. 19. Nothing in this Act contained shall be construed to prevent any person from indicting or otherwise proceeding either civilly or criminally against the promoter for nuisance or otherwise in respect of the works or means used or employed by the promoter in exercising the privileges hereby conferred or to prevent the promoter or any person from recovering any sum of money or otherwise proceeding in any Court of competent jurisdiction but the promoter or any person to whom any penalty or sum of money may by the provisions of this Eight of officer to enter premises. Appeal. General right against promoter reserved. SINGLETON GAS. 1031 Act be awarded may elect either to proceed in manner in this Act pro- 47 Victobia. vdded or to proceed for damages or otherwise in any Court of com- petent jurisdiction nor shall anything herein contained limit or in any manner affect the right of any municipality or of any other person or Company hereafter empowered by the Legislature to supply gas to the aaid Borough of Singleton or other place or to exercise any power which it may be deemed expedient or necessary to grant for that purpose. 20. Provided always that if within two years after the passing of if works not this Act the promoter shall not supply at a price agreed upon by the g^suppM*""^ promoter and the Borough of Singleton or if no such price shall be wi'Mn two years or have been agreed upon then at a reasonable price, gas of a good p""*'^*" '=^*'^- qiiality and in sufficient quantity to light the roads and streets in Singleton and all houses and buildings situate therein or if the promoter shall after the said period of two years fail so to supply gas for any period exceeding twenty days then and in either of such eases all the powers hereby vested in the promoter shall thereupon cease and determine. 21. If it shall be proved to the satisfaction of any two Justices of General penalty, bhe Peace in Petty Sessions assembled that the promoter or any of bis officers have been guilty of any default under this Act not other- fvise provided for under this Act they shall be liable for each and every mch default to a penalty not exceeding five pounds to be recovered in a, summary way. 22. The following words and expressions shall in this Act have interpretation the respective meanings hereby assigned to them unless there be some- ''^'^™^- bhing in the context repugnant to such construction The word ' promoter " shall mean the said Alexander Munro his representatives jr assigns owners for the time-being of the Singleton Gasworks The 3xpression " Singleton Gasworks " shall mean the gasworks and the ivorks connected therewith by this Act authorized to be constructed The word " street " shall include any square court or alley highway ane road thoroughfare or other passage or place within the limits of ;his Act The expression " borough " shall comprise all lands lying ivithin the limits of the Borough of Singleton. 23. Nothing contained in this Act shall prevent the said gasworks Gasworks may )eing brought under the provisions of any general Act which may tebroughtunder )e passed by the Parliament of New South Wales applying equally to Companies engaged in the manufacture of gas in the said Colony with •eference to the manufacture and sale of gas nor entitle the said pro- noter to compensation from the public revenue by reason of the pro- dsions of such general Act for the purpose aforesaid being made ipplicable to and binding upon the said promoter. 24. This Act may be cited as the " Singleton Gas Act of 1884." short title. SCHEDULE. PART I. 1. Regulations in respect of testing apparatus. (a) The apparatus for testing the illuminating power of the gas shall consist of he most improved form of photometer known together with a proper meter minute look governor pressure gauge and balance The burner to be used for testing the ;as shall be an Argand burner having fifteen holes and a seven-inch chimney The andles used for testing the gas shall be sperm candles of six to the pound and two andles shall be used together. 1032 STIELINQ'S TEUSTS, 47 ViCTOEIA. 2. The apparatus. (h) For testing the presence in the gas of sulphuretted hydrogen A glass vessel containing a strip of bibulous paper moistened with a solution of acetate of lead containing sixty grains of crystallized acetate of lead dissolved in one fluid ounca of water. PART II. 1. Mules as to mode of testing gas. {a) Mode of testing for illuminating power The gas in the photometer is to be lighted at least fifteen minutes before the testings begin and it is to be kept con- tinually burning from the beginning to the end of the tests. Each testing shall include ten observations of the photometer made at intervals of a minute. The consumption of gas is to be carefully adjusted to five cubic feet per hour. The candles are to be lighted at least ten minutes before beginning each testing' so as to arrive at their normal rate of burning which is shown when the wick is slightly bent and the tip glowing The standard rate of consumption for the candles shall be one hundred and twenty grains each per hour Before and after mak- ing each set of ten observations of the photometer the gas examiner shall weigh the candles and if combustion shall have been more or less per candle than one hundred and twenty grains per hoiir he shall make and record the calculations requisite ta neutralize the effects of this difference The average of each set of ten observa- tions is to be taken as representing the illuminating power of that testing. 2. Mode of testing. (5) For sulphuretted hydrogen The gas shall be passed through the glass vessel containing the strip of bibulous paper moistened with the solution of acetate of lead for a period of three minutes or such longer period as may be prescribed and if any discoloration of the test paper is found to have taken place this is held to be conclusive as to the presence of sulphuretted hydrogen in the gas. STIRLING'S TRUSTS. 48 Victoria. An Act to enable tlie Trustees of a Settlement made by Erederick Henry Stirling and Helen Cecilia Deas- Thomson to join with other persons in the leasing and sale of lands subject of the said Settlement. [19 August, 1884.] WHEEEAS by an indenture bearing date on or about the seven- teenth day of September one tbousand eight hundred and thirty-three and made between Eichard Bourke a Major-General in the British Army and G-overnor-in-Chief of the territory of New Soutk "Wales of the iirst part Edward Deas-Thomson Esquire of the second part Anne Maria Bourhe daughter of the said Eichard Bourke of the third part and the Honorable William "Westbrooke Burton and George Macleay Esquire of the fourth part certain freehold lands situated respectively in the city of Sydney called Barham and at Jervis Bay in the said Colony called South Huskisson were conveyed to the use of the said William Westbrooke Burton and George Macleay upon certain trusts during the respective lives of the said Edward Deas-Thomson and Anne Maria Bourke and of the life of the survivor and from and immediately after the decease of the survivor of them the said Edward Deas-Thomson and Anne Maria Bourke then to the use of all and everj the child and children male and female of the said Anne Maria Bourke and Edward Deas-Thomson in such shares parts and proportions as the STIELING'S TEUSTS. 1033 said Edward Deas-Thomson should by deed or will appoint And 48 Victoeia, whereas certains portions of the said settled estates were from time to time sold by the trustees of the said settlement under the authority of a private Act of the Legislature of the said Colony passed in the thirteenth year of the reign of Her Majesty and part of the proceeds were invested upon mortgage of freehold lands situated in the county of Grloucester in the said Colony called BuUadeelah And whereas the equity of redemption of and in and such last-mentioned lands was after the death of the said Edward Deas-Thomson hereinafter mentioned vested in the trustpes of the said settlement upon the trusts thereof And whereas by an indenture bearing date on or about the fourteenth day of July one thousand eight hundred and seventy-four made between Frederick Henry Stirling of the first part Helen Cecilia Deas- Thomson a daughter of the said Edward Deas-Thomson of the second part and William Alexander Dumaresq and Arthur Alexander "Walton Onslow of the third part being a settlement in contemplation of the marriage of the said Frederick Henry Stirling and Helen Cecilia Deas- Thomson which was shortly thereafter duly solemnized all that and those the part share estate and interest of her the said Helen Cecilia Deas-Thomson of and in the trust estates real and personal the subject of the first-mentioned settlement were conveyed and assured unto the said William Alexander Dumaresq and Arthur Alexander Walton Onslow upon certain trusts for the benefit of the parties to the said intended marriage and their issue And the said Frederick Henry Stirling covenanted with the said William Alexander Dumaresq and Arthur Alexander Walton Onslow that all the lands tenements and here- ditaments and real estate then vested in or which should at any time during the said marriage descend devolve or come to the said Helen Cecilia Deas-Thomson or to the said Frederick Henry Stirling in her right under the said indenture of settlement of the seventeenth day of September one thousand eight hundred and thirty-three or under the will of her father should from time to time be by him either alone or together with the said Helen Cecilia Deas-Thomson conveyed to the use of the said William Alexander Dumaresq and Arthur Alexander Walton Onslow or their successors in the trusts and to their heirs upon the same trusts And whereas by his last will and -testament bearing date on or about the eleventh day of July one thousand eight hundred and seventy-two the said Edward Deas-Thomson appointed and devised the estate called Barham being the then unsold residue of that portion of the settled estate to his daughters Mary Jane Frances Deas-Thomson the said Helen Cecilia Stirling and Eglantine Julia Deas-Thomson in equal shares and proportions as tenants in common And the testator after certain specific devises of parts of the said South Huskisson and BuUadeelah Estates in favour of his sons Edward Eichard Deas- Thomson and Eichard Bourke Deas-Thomson appointed and devised the then unsold residues thereof unto and between aU his children excluding the said Edward Eichard Deas-Thomson and Eichard Bourke Deas-Thomson in equal shares and proportions as tenants in common And whereas the lands passing by the will of the said Edward Deas-Thomson are more particularly described in the schedule hereto And whereas the said Edward Deas-Thomson departed this life on or about the sixteenth day of July one thousand eight hundred and seventy -nine without having revoked or altered his said will And whereas the said Anne Maria Deas-Thomson departed this life on or about the third day of February one thousand eight hundred and 1034 STIELING-'S TEFSTS. Trustees em- poweredfto join in grantinif 48 Victoria, eighty-four And. whereas the said Mary Jane Prances Deas-Thomson and William Eobert Campbell and Eglantine Julia Campbell his wife formerly Eglantine Julia Deas-Thomson are desirous of selling the estate called Barham and the said Erederick Henry Stirling and Helen Cecilia Stirling his wife concur in such desire And whereas Charles James Maiming and G-eorge Miller are the present trustees of the settlement of the said Erederick Henry Stirling and Helen Cecilia Stirling his wife and they are desirous of giving effect to such desire but the said last-mentioned indenture of settlement does not contain any power of leasing or sale And whereas certain of the said lands other than Barham aforesaid are supposed to contain valuable deposits of minerals but not any power exists on the part of the said trustees to grant mining and other leases thereof And whereas it is desirable that the trustees for the time being of the settlement of the said Erederick Henry Stirling and Helen Cecilia Stirling his wife should be empowered to join with the other persons interested in granting mining and other leases of the settled lands and also in selling and dis- posing of the same or such parts thereof as may from time to time be deemed saleable under proper provision for the investment of the net proceeds thereof Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legis- lative Council and Legislative Assembly of New South "Wales in Parliament assembled and by the authority of the same as follows : — ■ 1. It shall be lawful for the trustees or trustee for the time-being of the marriage settlement of the said Erederick Henry Stirling and Helen Cecilia Stirling his wife hereinafter called the said trustees or trustee from time to time to join with the other persons entitled to lease in granting leases by deed for such terms as they shall agree not exceeding the term of ninety-nine years of the said trusts estates or any part thereof and also subject and without prejudice to the reservations and conditions (if any) contained in the grants under which the said lands are holden in executing leases of all and every and any of the mines lodes ores quarries veins strata and seams of copper lead iron stone clay and all other minerals whatsoever in one or more bloclt or blocks unopened as well as opened in under or upon the said lands together with any part of the surface of the said lands which may be thought necessary or convenient to be held for buildings roads or ways or other purposes with such mines quarries or premises together with full liberty and authority for the lessee or lessees to search for work win take use and dispose of all such coal ores and minerals as shall be found therein and to sink and make shafts levels pits drives trenches air-gates way-gates and watercourses and to erect or use any smelting refining or other furnaces or mills fire steam or other engines and machinery workmen's and other houses buildings sheds or other conveniences and to use all other lawful means and ways whatsoever not only for finding separating and cleaning such ores or other minerals but for converting any of them into a manufac- tured and merchantable condition and also to take and use sufiicient ground-room heap-room and pit-room for placing or manufacturing any of such coals ores or other minerals and for laying the waste refuse or rubbish to be from time to time produced from the said mines quarries and premises and also with full and free liberty to use or make and use all proper and convenient railways and other ways for the carriage of materials and articles to such mines quarries or premises and for the carriage or delivery of any of the said coals STIELING'S TETJ8TS. 1035 ores and minerals with horses carts waggons and other carriages and 48 Victdeia. generally upon such terms and with such stipulations as shall he reasonable necessary or usual for the purposes aforesaid so that in every such lease there be reserved and made payable the beat yearly rent dues duties tolls or royalties which can be reasonably obtained without taking any fine premium or forfeit for the granting thereof and so that there be contained in every such lease proper and reason- able covenants and agreements by the lessee or lessees for the due payments of the rents dues duties toUs or royalties thereby reserved and for the proper working construction and management of the said mines quarries and works and a power of re-entry for non-payment of such rents dues duties tolls or royalties and so that every lessee duly execute a duplicate or counterpart of the lease granted to him. 2. It shall be lawful for the said trustees or triistoB to join with Trustees em- _ other persons entitled to sell in the sale and disposal of the unsold EJ'^liUng and"" portions of the lands mentioned and particularly described in the conveying. Schedule hereto either by public auction or private contract in such lot or lots at such time or times subject to such terms and conditions as to evidence of title time and manner of payment and to such other stipulations as the said trustees or trustee shall in their discretion think fit for such price or prices as can be reasonably obtained for the same and when sold to join in conveying the same or any part or parts thereof to the purchaser or purchasers as the case may be his or their heirs and assigns freed and discharged from the trusts of the said settlement and the receipt or receipts in writing of the said trustees or trustee shall absolutely discharge the purchaser or purchasers of the said lands or any part or parts thereof from so much of the purchase money as shall be payable by him or them respectively in respect of their shares or interests in. the said lands subject to the trusts of the said settlement and shall exonerate him or them from seeing to the application of such purchase money or from being liable for any loss non-application or misapplication of the same. 3. It shall be lawful for the said trustees or trustee to give power to give credit to any purchaser or purchasers of the said lands or of any part py^'^has'era or parts thereof for any number of years not exceeding seven years for the payment of so much of the purchase money as shall not exceed two- thirds of the whole upon such terms as to interest as the said trustees or trustee shall deem proper Provided that the lands in respect of the sale of which such credit is given as aforesaid shall remain un- conveyed or otherwise be rendered a security for so much of the said purchase money as shall remain unpaid together with interest upon the same until the same shall have been wholly paid. 4. The said trustees or trustee shall stand seized and possessed of Trusts of unsold the said lands or of such portion thereof as shall from time to time ^^Ifof^aie™" remain unsold subject to any leases granted under the power herein- before contained upon the trusts and subject to the directions and declarations in the said settlement expressed and declared concerning the same And from and after any sale made under the power herein- before contained shall stand possessed of the moneys arising from such sale upon trust to pay all their or his costs and expenses of and incidental to the procuring and passing of this Act and also of and incidental to such sale and after such payment as aforesaid to invest the net surplus of such moneys in and upon the investments authorized by the said settlement with power from time to time to vary or 1036 STIELING'S TEF8TS. 48 VicTOEiA. transpose any such investment or security for others of like kinds An5 shall stand possessed of the said investments and the income dividends and annual produce thereof upon the like trusts as shall then be sub- sisting in respect of the personal estate other than personal effects brought and covenanted to be brought into settlement by the said Helen Cecilia Stirling . or as nearly thereto as the circumstances will admit and shall stand possessed of the rents of the said real estate upon the like trusts as shall from time to time be subsisting in respect of the income of the real estate brought and covenanted to be brought into settlement by the said Helen Cecilia Stirling or as nearly thereto as the circumstances will admit and shall stand possessed of all royalties to be derived from the working of minerals upon trust as to one moiety thereof upon the like trusts as are hereinbefore declared with reference to the rents of lands leased and as to the other moiety thereof upon trust to accumulate and invest the same for the benefit of the persons who shall ultimately become entitled to the corpus of the trust pro- perties under the provisions of the said settlement. SCHEDULE. All that piece or parcel of land situate and lying in the parish of Alexandria city of Sydney in the county of Cumberland Colony of New South Wales and be the hereinafter mentioned dimensions all more or less and containing by admeasure- ment one acre three roods ten perches Commencing on the east side of Bourke- street ninety feet nine inches southerly from the alignment of St. Peters-street (lately called Ann-street) and bounded on the west by Bourke-street bearing southerly sixty feet six inches on the south by a line at right angles bearing easterly one hundred feet on the west by a line parallel to Bourke-street bearing southerly twenty-five feet on the north by a line bearing westerly twenty feet again on the west by the allotment facing Bourke street by lines bearing southerly twenty-five feet south thirty-one degrees fifty-eight minutes west twenty-nine feet one inch south twenty degrees eleven minutes west twenty -four feet four inches south twenty-four degrees eleven minutes west thirty feet five inches south fifteen degrees thirty-one minutes west twenty-eight feet eleven inches southerly thirty feet south fifty -seven degrees twenty-four minutes east forty-nine feet sevea inches and southerly seventy-six feet nine inches on the south by a line bearing easterly and crossing the termination of Thomson- street in all two hundred and four feet to Forbes-street on the east by that street bearing northerly three hun- dred and forty-five feet six inches and lastly on the north by a lane and a line in continuation bearing westerly two hundred and eighty-four feet to the point of commencement. Two thousand five hundred and sixty acres of land more or less situated in the county of Saint Vincent on the west side of Jervis Bay Commencing at the mouth of the Moona Moona a creek running into the said bay and bounded on the north by that creek to its source on the west by a line south one hundred and sixty chains on the south by a line bearing east two hvmdred and seventeen chains to Jervis Bay and on the east by that bay to the mouth of the Moona Moona Creek. That piece of land situated near BuUadelah in the county of Gloucester contain- ing one thousand and sixty acres or thereabouts and delineated in the public map of the said county deposited in the office of the Surveyor-General as originally granted to Joseph North by Crown grant dated the thirtieth day of May one. thousand eight hundred and forty. 1037 SUEEY HILLS CHUECH AND SCHOOL SITE. An Act to enable tlie Trustees of certain Lands at tlie 19 Victoria. Surry Hills granted upon trust for the erection thereon of a Church Parsonage and School-house in connection with the Church of England to sell the said Lands and to apply the proceeds thereof in or towards the purchase of other Lands more eligibly situated and the erection or completion of a Church Parsonage and School-house in the same district. [13 December, 1855.] WHEEEAS by tliree several grants dated respectively the twenty- preamble, seventh day of October one thousand eight hundred and iifty- five the pieces of land described respectively in Schedules A B and C hereto were granted by the Crown in fee to Henry Lumsdaine Prederick Charles Ede and Greorge Henry Rowley upon trust in manner therein respectively mentioned — as to the land in Schedule A for the erection thereon of a church of the United Church of England and Ireland as by law established — and as to the land in Schedule B for the erection thereon of a school-house in connection with the same United Church — and as to the land in Schedule for the appropriation thereof as the site of a dwelling-house garden and other appurtenances for the clergyman duly appointed to oiEciate in the church hereinafter men- tioned And whereas the said three several pieces of land are situated in the parish of Alexandria and in the district of the Surry Hills and a church of the said United Church called and known as Saint Michael's is already in course of erection for the said district upon a more eligible site which has been purchased by means of a donation given by James John Riley Esquire and whereas the pieces of land in the Schedules B and C are not eligibly situated for the purpose of erecting thereon respectively a school-house and clergyman's residence Be it therefore enacted by His Excellency the G-overnor of New South "Wales by and with the advice and consent of the Legislative Council thereof as follows : — 1. It shall be lawful for the said Henry Lumsdaine Frederick Charles Power to aeii and Ede and Q-eorge Henry Eowley or the survivors or survivor of them i°^^^^ ^^^ (hereinafter styled the trustees) to sell and dispose of the said several lands or any of them or any part thereof respectively by public auction or private contract in one lot or in several lots and subject to any conditions or stipulations as to title or otherwise with full power to the trustees to buy in any lot at any auction and to rescind or vary any contract for sale and to re-sell the land so bought in or comprised in any such contract without being answerable for any difference or loss thereby occasioned and to convey the land so sold to the purchaser thereof or as he shaU direct and upon the execution of any such con- Teyance the land and hereditaments therein comprised with their appur- tenances shall vest absolutely according to the limitations therein expressed freed and discharged from the trusts now subsisting. 1038 SHEET HILLS CHUECH AND SCHOOL SITE. Colonial Treasurer. MoJe of apprO' priating^ proceeds. 19 ViCTOEiA. 2. All puroliase money to arise from any sucli sale shall be paid to Proceeds of sale the Colonial Treasurer to the credit of the trustees and every receipt tobepaidto given by the Colonial Treasurer to any purchaser in respect of his purchase money shall be a suificient discharge for the amount therein specified and shall exonerate such purchaser from all liability as to the application thereof. 3. It shall be lawful for the trustees to appropriate the net proceeds of any and every such sale as follows namely as to the net proceeds of any sale of the land in Schedule A in or towards completing the said church called St. Michael's and as to the net proceeds of any sale of the lands in Schedules B and C respectively in the purchase of other lands to be held upon the like trusts respectively and in or towards^ erecting thereon respectively a school-house and clergyman's residence and it shall be lawful for the trustees to defray out of any such purchase moneys all reasonable expenses of and about the obtaining of this Act and the execution of the trusts and the drafts of the trustees or any two of them purporting to be for any such purpose shall be a sufficient discharge to the Colonial Treasurer for every sum therein respectively mentioned and paid by him in pursuance thereof respec- tively and the Colonial Treasurer shall not be responsible in respect of the application of any money so paid by him upon any such draft. SCHEDULES. A. All that piece or parcel of land in the territory of New South Wales containing by admeasurement one acre be the same more or less situated in the county of Cumberland and parish of Alexandria at the Surry Hills city of Sydney allotment number one of section number three Commencing at the south-east intersection of Dowling-street with Albion-street and bounded on the west by the east side of Dowling-street bearing south sixteen minutes west two chains thirteen links and one-half link on the south by the north boundary of the parsonage allotment and its easterly prolongation being a line in all bearing east sixteen minutes south four chains eighty-one links to Selwyn-street on the east by the west side of Selwyn- street bearing north two chains six links to Albion-street and on the north by the south side of Albion-street bearing west one degree five minutes north four chains eighty links to its intersection with Dowling-street aforesaid. B. All that piece or parcel of land in the territory aforesaid containing by admeasure- ment two roods be the same more or less situated in the county of Cumberland and parish of Alexandria at the Surry Hills city of Sydney allotment number one of section number two Commencing at the north-east intersection of Dowling-street with Albion-street and bounded on the west by the east side of Dowling-street bearing north sixteen minutes east two chains eighteen links on the north by a line bearing east sixteen minutes south two chains twenty-eight links to a lane twenty- five links wide on the east by the west side of that lane bearing south sixteen minutes west two chains twenty-one links and one-half link to the north side Of Albion-street and on the south by that street bearing west one degree five minutes north two chains twenty -nine links to its intersection with Dowling-street aforesaid. C. All that piece or parcel of land in the territory aforesaid containing by admeasure- ment two roods be the same more or less situated in the county of Cumberland and parish of Alexandria at the Surry Hills city of Sydney allotment number two of section number three Commencing on the east side of Dowling-street at the south- west corner of the Church of England church allotment and bounded on the west by Dowling-street bearing south sixteen minutes west one chain fifty-three links on the south by a line bearing east sixteen minutes south three chains thirty links on the east by a line bearing north sixteen minutes east one chain fifty-three links to the south boundary of the church allotment and on the north by part of that boundary-line bearing west sixteen minutes north three chains thirty linis to the south-west corner of the allotment at Dowling-street as aforesaid. 1039 SYDNEY BETHEL UNION TRUSTEES. An Act to enable the Trustees of the Sydney Bethel i5 Victoria, Union to sell their land and buildings in Erskine- street Sydney and to erect a new Mariners' Church in a more convenient situation and for other pur- poses therein mentioned. [10 December, 1851.] WHEEEAS by a deed of grant bearing date tbe third day of June Preamble. one thousand eight hundred and forty-two Her Majesty Queen Victoria did give and grant unto Eraneis Mitchell Thomas Barker Ambrose Eoss Eobert Bourne and Greorge Allen all of Sydney their heirs and assigns an allotment of land in Brskine-street in the parish of St. Philip and in the city of Sydney containing fifteen and a half perches and in the said grant described as allotment number fourteen of section number fifty-five bounded on the south by a line bearing east fifteen degrees thirty minutes north one hundred and twenty-one links on the east by allotment number fifteen bearing north fifteen degrees thirty minutes west seventy-six links on the north by Erskine-street bearing west fifteen degrees thirty minutes south one hundred and thirty-six links and on the west by Darling Harbour being the allotment promised by His Excellency Sir Richard Bourke on twenty-second September one thousand eight hundred and thirty-four as the site for the Sydney Bethel Union Chapel to hold in trust for the erection of the Sydney Bethel Union Chapel and for no other purpose And whereas a Bethel Union Chapel or Church was duly erected on such land for the use of mariners And whereas such Mariners' Church being in an inconvenient situation it is deemed ex- pedient to sell the said piece of land with the buildings thereon and to obtain other land in a more suitable situation and to erect a new church thereon for the use of mariners visiting the port of Sydney And whereas the said Bobert Bourne has ceased to reside in this Trustees author- Colony Be it therefore enacted by His Excellency the G-overnor of oomeyiandi'n ISTew South "Wales by and with the advice and consent of the Legis- ErsWne-street lative Council thereof That it shall be lawful for the said Eraneis thereon. "^ Mitchell Thomas Barker Ambrose Eoss and Greorge Allen or the trustees for the time being of the said Sydney Bethel Union to sell and dispose of the said piece or parcel of land in Erskine-street to- gether with the buildings now erected thereon by public auction or private contract and either in one lot or in several lots as the said trustees shall think most expedient for such prices as can be reason- ably had or obtained for the same and when sold to convey the same or any part or parts thereof to the purchaser or purchasers thereof and thereupon the same respectively shall vest absolutely in the said pur- chaser or purchasers their or his heirs and assigns freed and discharged from the trusts affecting the same in the hands of the said trustees. 2. And be it further enacted that the moneys to arise from the sale Proceeds oi sale of the said land and buildings shall be paid into the hands of the ^coS'^ *° '""^ Colonial Treasurer to the credit of the said trustees for the time being Treasurer. and that the receipt of the Colonial Treasurer shall be a sufficient dis- charge to the purchaser or purchasers of the said land and buildings 1040 SYDNEY BETHEL UNION TEUSTEES. and to employ proceeds of sale in erecting new buildings. Land and Mari- ners' Church to vest in trustees to be chosen. 15 Victoria, or any part or parts thereof and shall wholly exonerate him or them from seeing to the application thereof and from all liability as to the misapplication or non-application thereof. Power to trus- 3. And be it further enacted that it shall be lawful for the said OT ac°epuand'^° Erancis Mitchell Thomas Barker Ambrose Poss and George Allen or '""' '"'■ the trustees for the time being of the Sydney Bethel Union to pur- chase or to accept a grant of land in the city of Sydney for the pur- pose of erecting a new Mariners' Church and all other necessary buildings thereon and to employ the proceeds of the sale of the said land and buildings in ErsMne-street in the purchase of such other land and in the erection thereon of a new Mariners' Church and other buildings if req^uired in connection therewith and the drafts of the said trustees or any three of them purporting on the face of them to be for either of such purposes and to be drawn by the said trustees as such trustees shall be a sufficient discharge to the said Colonial Treasurer for aU. such sum or sums of money as shall be therein expressed to be drawn for and as shall have been paid in pursuance thereof and the said Colonial Treasurer shall not be responsible in respect of any misap- plication or non-application of any money so paid by him upon any such draft. 4. And be it enacted that the land to be purchased or granted as aforesaid and the new Mariners' Church and buildings when built or erected shall be vested in the said Erancis Mitchell Thomas Barker Ambrose Eoss and G-eorge Allen or other the trustees for the time being of the said Sydney Bethel Union and that upon the election or appointment at any time hereafter of any other trustee or trustees thereof by the subscribers thereto under and in conformity with the rules and regulations of the said institution the said land and build- ings shall thereupon and without the execution of any conveyance or transfer thereof Isecome and be vested in the said new trustee or trus- tees together with the continuing trustees or trustee if any or alone as the case may require and the said trustees for the time being shall hold the said land and buildings in trust for the purposes of the said institution and subject to the rules and regulations thereof. 5. And be it further enacted that in case no sale of the said land and buildings thereon in Erskine-street shall take place under the pow- buiidings to vest ers Conferred by this Act then the same shall from time to time and at the time being, all times be vested in the persons who for the time being shall be the trustees of the said institution under an election or appointment by the subscribers thereto as aforesaid without any conveyance or transfer of the said land and buildings having been made to any new trustee or trustees and shall be held by the said trustees for the time being in trust for the purposes aforesaid and subject to the rules and regulations of the said institution. 6. And be it further enacted that nothing in this Act or ordinance contained shall be deemed to affect or apply to any right title or interest of her Majesty her heirs or successors or of any body corporate or politic or of any other person or persons excepting such as are mentioned herein or of those claiming by or under him or them. This Act to be 7. And be it enacted that this Act shall be deemed and taken to be deemed a public ^ p^ijiig j^^j^ ^^jj^ gijj^i^ Ijg judicially taken notice of accordingly. In case no sale takes place pre- sent land am Reserving rights of Her Majesty &o. &o. SYDNEY BETHEL— SYDNEY COMMON. 1041 An Act to enable the Trustees of the Sydney Bethel 20 Victokia. Union to surrender the Land in Macquarie-street Sydney some time since granted as a site for a Mari- ners' Church and to accept a Grant of other Land in lieu thereof. [29 December, 1856.] WHEREAS G-eorge Allen Thomas Barker Erancis Mitchell Preamble. Ambrose Eoss and John Alexander trustees of the Sydney Bethel Union are as such trustees possessed of an allotment of land in Macquarie-street Sydney containing hy admeasurement twenty-two and a half perches which was granted by the Crown on the thirty-first day of July in the year one thousand eight hundred and fifty-two to the then trustees of the said Bethel Union as a site for a new Mari- ners' Church And whereas it is considered expedient to surrender the said allotment to the Crown and to accept in lieu thereof a grant of a more eligible site for the said Mariners' Church situate between Creorge-street and the Circular Quay in Sydney aforesaid but the said trustees are not legally competent to make such surrender and to effect the proposed exchange without the authority of the Legislature 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 this present Parliament assembled and by the authority of the same as follows — 1. It shall be lawful for the said G-eorge Allen Thomas Barker Trustees may Erancis Mitchell Ambrose Eoss and John Alexander as the trustees of ^andfn Mac" for the time being of the said Sydney Bethel Union to surrender and quarie-streetand yield up to Her Majesty the Queen the said parcel of land in Mac- thereof other quarie-street so now possessed by the said trustees and to accept in '*""*■ lieu thereof and for the like purpose a certain other parcel of land situated between George-street and the Circular Quay in Sydney of which it is intended that a grant shall be issued to the said trustees. SYDNEY COMMON IMPROVEMENT. An Act to enable the Mayor Aldermen and Citizens of 30 Victobia. the City of Sydney to borrow money for the im- provement of the Sydney Common. [22 Decem- ber, 1866.] WHEEEAS the Mayor aldermen and citizens of the city of Sydney Preamble, are seised of certain land known as the Sydney Common and whereas it is expedient that the said Mayor Aldermen and citizens should have the power of raising money to be expended on improving the said land Be it therefore enacted by the Queen's Most Excellent Maiesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South "Wales in Parliament assem- bled and by the authority of the same as follows : — ■ 1. It shall be lawful for the Mayor aldermen and citizens of the Mayor &c. may city of Sydney to borrow from time to time by the sale of debentures debentures. chargeable upon the land commonly known as the Sydney Common Sir 1042 SYDNEY COMMON IMPEOVBMENT. 30 VicTOEiA. any sum or sums of money not exceeding in the whole five thousand £5,000. pounds and such debentures shall he issued under the hand of the Mayor and sealed with the corporation seal of the said city and shall bear interest payable half-yearly at a rate not exceeding eight per centum per annum and shall be payable or redeemable at the expira- tion of three years from the date thereof and the sum so borrowed as aforesaid shall be expended in improring the said land. Portion of land 2. It shall be lawful for the said Mayor aldermen and citizens of Slft'deiienturea the city of Sydney to sell at such time as shall appear to them most advantageous such portion of the said land as is described in the Sche- dule marked A hereto annexed as may be necessary for the purpose of paying oif the amount so borrowed as aforesaid when the said deben- tures shall become redeemable and also the interest payable thereon. 3. The owner of any debenture which shall remain unpaid at the time appointed by such debenture for payment of the principal thereof be made for sale, may apply to the Supreme Court by petition for a sale of the land charged therewith or such portion thereof as may be necessary for the purpose aforesaid and the Court may thereupon make such order with respect to the premises as to it may seem fit. Short title. 4. This Act may be cited as the " Sydney Common Improvement Act." When deben- tures due application may SCHEDULE. The unalienated portions of that part of the Sydney Common which is bounded on the west by Dowling-street on the north by the South Head Old Road and on the south by a proposed road sixty-six (66) feet wide running from the South Head Old Koad touching the southernmost angle of Saint Matthias parsonage land and extending westerly to the termination of Fitzroy-street. 31 Victoria. An Act to a,uiend tlie Sydney Common Improvement Act. [27 April, 1868.] Preamble. "X/CT HEEE AS by the Sydney Common Improvement Act the Mayor VV aldermen and citizens of the city of Sydney are authorized to borrow by the sale of debentures chargeable upon the land com- monly known as the Sydney Common certain sums of money therein specified and to sell portion of the said land described in the Schedule to the said Act for the purpose of paying off the debentures so authorized to be issued And whereas the said Mayor aldermen and citizens have borrowed the sum of five thousand pounds by the sale of deben- tures as by the said Act is authorized and have contracted to sell portions of the land described in the said Schedule And whereas doubts are entertained whether under the provisions of the said Act the said Mayor aldermen and citizens have power to sell the land described in the said Schedule to the said Act except for the purpose of paying off the debentures so authorized to be issued at the time when such debentures are payable And whereas it is expedient to ratify confirm and make valid such contracts of sale as aforesaid and also to enable the said Mayor aldermen and citizens to borrow a further sum of money and to sell the portion of land described in the Schedule to the said Act which is now unsold for the purpose of improving the remaining portions thereof Be it therefore enacted SYDNEY COMMON IMPEOVEMBNT. 1043 by tlie Queen's Most Excellent Majesty by and with the advice and con- 31 Victokia sent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows : — 1. AH contracts of sale of any portion of the land described in All sales the Schedule to the said hereinbefore recited Act made by or on conflnneZ "" behalf of the Mayor aldermen and citizens of the city of Sydney shall be as good and valid to all intents and purposes as if the same had been made by the said Mayor aldermen and citizens under the provisions of this Act. 2. It shall be lawful for the Mayor aldermen and citizens of the The Mayor &c. city of Sydney to borrow by the sale of debentures at a rate not borrowami*seii exceeding six pounds per centum per annum further sums not portion of exceeding ten thousand pounds for further improving the said Sydney '' *^ ™™°° Common and to sell and convey at such time as shall appear to them most advantageous the portion of the said land described in the Schedule to the said recited Act which is not sold or contracted to be sold as in the last preceding section mentioned for the purpose of improving the remaining portion of the said land and all conveyances of the said land sold or hereafter to be sold shall be in the form in the Schedule A. 3. Eeceipts for purchase money given by the Mayor aldermen Receipts for and citizens of the city of Sydney shall be sufficient discharges to suffloimtSs-"^^ the purchasers of land the sale of which is hereby validated or charges, authorized and the said purchasers shall not be bound to see to the application of such purchase money. 4. This Act may be cited as the " Sydney Common Improvement Title. Act Amendment Act." SCHEDULE A. This indenture made the day of one thousand eight hundred and sixty between the Municipal Council of Sydney in the Colony of New South Wales of the one part and of of the other part witnesseth that the said Council in consideration of the sum of sterling paid to them which they hereby acknowledge sell and enfeoff to the said his (or her) heirs and assigns (or their successors as the case may be) for ever all that parcel of land described in the Schedule hereunder written. SCHEDTILB. In witness whereof the said parties have hereunto set their hands and seals the day and year first above written. The common seal of the Mayor aldermen and citizens ~j of the city of Sydney was affixed hereto by me I Town Clerk of the city of Sydney j (l.s.) on the day and year first above written. ) Mayor Eeceived on the day of the date hereof of and from^ the within-named the sum of I ^ being the consideration money within ex- f pressed to be paid by him. j Witness Mayoi Town Clerk Preamble. 1044i SYDNEY. COMMON— SYDNEY EXCHANGE COMPANY. 41 VicTOEiA. An Act to further amend the Sydney Common Improre- ment Act. [3 July, 1877.] WHBEEAS by the Sydney Common Improvement Act and the Sydney Common Improvement Act Amendment Act the Mayor aldermen and citizens of the city of Sydney are authorized to borrow by the sale of debentures chargeable upon the land commonly known as the Sydney Common certain sums of money therein specified and to sell portion of the said land described in the Schedule to the said first- mentioned Act And it is expedient to enable the Mayor aldermen and citizens of the city of Sydney to borrow a further sum of money for the purpose of liquidating a bank overdraft 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 : — Authority to bor- 1. It shall be lawful for the Mayor aldermen and citizens of the sums." "'' city of Sydney to borrow by the sale of debentures chargeable upon that portion of the Sydney Common authorized to be sold at a rate not exceeding five pounds per centum per annum further sums not exceed- ing twenty thousand pounds to liquidate a bank overdraft. Short title. 2. This Act may be cited as an Act to amend an Act intituled the Sydney Common Improvement Act Amendment Act. SYDNEY EXCHANGE COMPANY. 15 VicTOEiA. An Act for the incorporation of a Company called the " Sydney Exchange Company." [19 December, 1851.] Preamble. "TTTHEEEAS the erecting and maintaining a building in the city of W Sydney in the Colony of New South Wales to be used as an Exchange or place of resort wherein merchants and other persons con- cerned in commerce may conveniently meet for the purpose of confer- ring upon and transacting commercial affairs and for other purposes incidental thereto would be of great public utility and it is deemed advisable to give encouragement to such enterprising persons as may be willing to erect and maintain such building by granting to them an Act of incorporation and conferring upon the corporation the privileges and advantages hereinafter mentioned And whereas the persons here- inafter particularly mentioned have associated themselves for the pur- pose of erecting and maintaining an Exchange and are desirous of Proprietora in- obtaining an Act of Incorporation Be it therefore enacted by His the'n'ame'o?the Excellency the Governor- General of New South Wales with the advice Sydney Ex- and consent of the Legislative Council thereof that Joseph Scaife Willis pan"f '^°"" Joliii William Gosling John Walker Alexander Campbell Joshua Rich- mond Young John Gilchrist George Thorn Thomas Whistler Smith George Eees and David Jones all of Sydney in the Colony of New South Wales gentlemen and all and every other person and persons who shall hereafter become subscribers to the capital of the said under- taking and their several and respective executors administrators and assigns are and shall be united into a Company for erecting and main- taining a building in the city of Sydney aforesaid to be used as an SYDNEY EXCHANGE COMPANY. 1045 Exchange or place of resort wherein mereliants and other persons con- 13 Victoeta. oerned in commerce may conveniently meet for the purpose of con- ferring upon and transacting commercial affairs and for other purposes incidental thereto or by this Act authorized and for that purpose shall be one body corporate by the name and style of the Sydney Exchange Company and by that name shall have perpetual succession and shall have a common seal and by that name shall and may sue and be sued Seai. plead and be impleaded answer and be answered defend and be defended be lued" ^"° °'"'* in all Courts and places whatsoever and the said Company shall have power and authority from and after the passing of this Act and at all times hereafter to purchase and hold lands tenements and heredita- hold lands &c. ments to them and their successors and assigns for the use of the said undertaking and generally for the purposes of carrying this Act into effect and also to sell and dispose of the said lands tenements and hereditaments again in manner by this Act directed without incurring any penalties or forfeitures and also that the said Company shall from time to time and at all times have full power and authority at any general half-yearly or special general meeting convened as hereinafter mentioned to constitute make ordain and establish and thereafter to and make by- alter and amend such by-laws regulations and ordinances as may be '"'^^ *°- deemed necessary for the good rule and government and management of the said Company and its property and for the well governing of the directors auditors of&cers and other persons employed by the Company Provided that such by-laws regulations and ordinances be not inconsistent herewith or with any laws in force in this Colony or repugnant to the laws of England. 2. And be it enacted that the original capital stock of the Company Capital, hereby established shall be ten thousand pounds sterling and shall be divided into one thousand shares of tenpounds each with power to increase such capital as hereinafter mentioned and such shares shall be numbered consecutively according as the same are alloted and issued and every such share shall always be distinguished by the number to be applied to the same and the said shares shall be and are hereby vested in the persons hereinbefore named and in such other persons as shall take shares ia the said Company and whose names shall be entered in the Eegister of Shareholders hereinafter mentioned and their several and respective executors administrators and assigns and immediately upon taking any share or shares the person taking the same shall pay Periods and to the secretary or other proper officer of the said Company the sum ''■'nounts of calls. of ten shillings sterling for every share which shall be so taken and such person his executors administrators or assigns shall pay the remaining amount of every such share to such person or persons and in such parts or proportions and at such times (not being less than thirty days after notice) as the directors of the said Company shall think fit and from time to time call for and require and on demand by the holder of any share the directors shall cause a certificate under the seal of the said Company of the proprietorship of such shares to be delivered to such shareholder and the same shall be according to the form in the Schedule A to this Act annexed or to the like effect and that the said shares shall be and be deemed personal estate and shares to be transferable and transmissible accordingly and that every such share shall personal estate. entitle the holder thereof to a proportionate part of the profit and dividends of the said Company, (a) 3. And be it enacted that the said directors shall as soon as the Register of same can be done cause the names additions and addresses of the shareholders to (a) Vide 19 Vic. sec. 1, post. 104& SYDNEY EXCHANGE COMPANY. 15 YiciOEiA. Shares may be sold. Form of con- veyance. several proprietors of shares in tlie capital stock of the said Company together with the number of shares to which they shall be respectively entitled and also the proper number by which every such share shall be distinguished and the amount of the subscriptions paid thereon to he fairly and distinctly entered in a register book to be kept in the office of the said Company for that purpose and to be called the Eegister of Shareholders to the end that each proprietor for the time being and his interest in the Company may be known and that when and so often as any change of ownership in such shares shall take place by transfer or otherwise such change of ownership shall be duly entered in the said book and thereupon the name addition and address of the new proprietor shall be entered in the said register in the place and stead of the transferor. 4. And be it enacted that it shall be lawful for the proprietor of any share in the said undertaking and his executors or administrators to sell and dispose of any share to which he shall be entitled therein subject to the provisions herein contained and the form of conveyance of shares may be in the following words or to the like efEect varying the names and descriptions of the contracting parties as the case may require — ■ of m paid consideration of to me by of do hereby bargain sell assign and transfer to the said share {or shares as tJie case may he) numbered of and in the Sydney Exchange Company to hold unto the said his executors administrators and assigns and I the said- do hereby agree to accept and take the said share {or shares) subject to the rules orders restrictions and conditions to which the same were subject in the hands of the said As witness our hands and seals the of A.D. 18 day And in every such case the said deed or conveyance being duly executed shall be delivered to the secretary or other proper officer of the said Company to be kept by him and the said secretary or other proper officer shall enter a memorial of such transfer and sale for the use of the said Company in a book to be kept for that purpose and shall endorse such entry on the conveyance and shall on demand deliver a new certificate to the purchaser and for every such entry together vsdth such endorsement and certificate the Company may demand any sum not exceeding two shillings and sixpence and on the request of the purchaser of any share an endorsement of such transfer shall be made on the existing certificate of such share instead of a new cer- tificate being granted and such endorsement being signed by the secretary or other proper officer of the said Company shall be con- sidered in every respect the same as a new certificate and until such transfer shall be so delivered to the secretary or other proper officer as aforesaid the vendor of the share shall continue liable to the Com- pany for any calls that may be made upon such share and the purchaser or purchasers of the share shall not be entitled to receive any share of the profits of the said undertaking or to vote in respect SYDNEY EXCHANGE COMPANY. 1047 of such share and after the transfer of any share or shares the trans- 15 Victoeia. feree thereof shall be liable in respect of all debts and contracts preyiously incurred or entered into by the said Company in the same manner as if he had been then a proprietor provided that the trans- ferror shall not by reason of any such transfer be absolved from his liability to strangers in respect of debts and contracts so incurred and entered into whilst he was a shareholder in the said Company. 5. And be it enacted that a certificate of the proprietorship of any Evidence of pro- share in the said Company under the seal of the said Company as '""^'^ "* shares, aforesaid shall be admitted in all Courts as prima facie evidence of the title of the person named therein as the proprietor his executors or administrators to the share therein specified but the want of such certificate shall not hinder or prevent the holder of any share from disposing thereof or receiving his share of the profits in respect thereof. 6. And be it enacted that no shareholder shall sell or transfer any Transfer of share which he shall possess in the said Company after any call shall mutla whiis"' have been made by the said directors for any sum or sums of money calls due. in respect of such shares unless he at the time of such transfer shall have paid or discharged to the secretary of the said Company or to such other person as the directors shall authorize to receive the same the whole and entire sum of money which shall have been called for in respect of such share so to be sold and transferred and the interest due thereon if any. 7. And be it further enacted that the Company shall not be bound Company not in any manner by any trusts or equitable interests or demands affect- trusts or eqult^ ine anv share or shares of the capital standing in the name of any able interests '■ e> J aj\ ^ •x.k -j-j-i J!i, -J affecting shares. person or persons as the ostensible proprietor thereot or be required to take any notice of such trusts or equitable interests or demands but the receipt of the person or persons in whose name or names the shares shall ^tand in the books of the Company shall notwithstanding such trusts or equitable interests or demands and notice thereof to the ' said Company be a good valid and conclusive discharge to the Com- pany for or in respect of any dividend or other money payable by the said Company in respect of such shares and a transfer of the said shares by the person or persons in whose name or names such shares shall so stand shall notwithstanding as aforesaid be binding and con- clusive so far as may concern the said Company against all persons claiming by virtue of such trusts or equitable interests or demands Provided always that it shall be competent to the board of directors of the said Company if they shall think fit so to do to withhold pay- ment of the dividends on any such shares and to refuse to sanction the transfer of such shares in any case in which the said Company shall have had notice of any claims under an alleged trust or equitable interest or demand and when such claim shall appear to the said board of directors to be well founded And provided also that nothing herein 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 Company in respect of any such shares or the transfer thereafter of any such shares or to direct the payment of such dividends or other money by the Company or the transfer of such shares by the person or persons in whose name or names they may stand to such other person or per sons as such Court may think fit. 1048 SYDNEY EXCHANGE COMPANY. due calls. Power to sue defaulting share- holders. Form of declara- tion. 15 VioTOKiA. 8. And be it enacted that if before or on the day appointed for sucb Interest on over- payment any shareholder shall not pay the amount of any call to which he is liable every such shareholder shall be liable to pay interest for the same at the rate of eight pounds per centum per annum from the day appointed for the payment thereof to the time of the actual payment. 9. And be it enacted that if at the time appointed by the said directors for the payment of any call any shareholder shall fail to pay the amount of such call to which he shall be liable it shall be lawful for the said Company to sue such shareholder for the amount thereof in any Court of law or equity and to recover the same with interest after the rate aforesaid from the day on which such call was payable. 10. And be it enacted that in any action or suit to be brought by the said Company against any shareholder to recover any sum of money due and payable to the said Company for any call it shall not be- necessary to set forth the special matter but it shall be sufficient for the said Company to declare and allege that the defendant is the holder of one share or more in the said Company (stating the number of shares) and is indebted to the said Company in such sum of money as the calls in arrear shall amount to in respect of one call or more upon one share or more (stating the number and amount of each of such calls) whereby an action hath accrued to the said Company and it shall not be competent to the defendant to set up partnership as a defence or objection to such action or suit. Proofs necessary. H. And be it enacted that on the trial or hearing of such action or suit it shall be sufficient to prove that the defendant at the time of making such call was a holder of one share or more in the said Company and that such call was made and such notice thereof given as is directed by this Act and it shall not be necessary to prove the appointment of the directors who made such call nor any other matter whatsoever and thereupon the said Company shall be entitled to recover what shall be due upon such call and interest thereon. 12. And be it enacted that the production of the register of share- holders required to be kept in the office of the said Company shall be prima facie evidence of such defendant being a shareholder and of the number and amount of his shares. 13. And be it enacted that if any shareholder shall fail to pay any call payable by him together with interest if any shall have accrued thereon the directors of the said Company at any time after the expiration of one month from the day appointed for payment of such call may if they shall think fit declare the share in respect of which such default shall have been made (or in case the person in default shall hold more than one share then so many only of his shares as may be sufficient on sale thereof to pay the sum in arrear upon the whole of his shares together with interest and expenses) forfeited and that whether the said Company have sued for the amount of such call and interest or not and without prejudice to their right to recover the same by action or suit Provided that before declaring any share forfeited the directors shall cause at least twenty-one days' notice of their intention to declare such share to be forfeited to be left at or transmitted by post to the usual or last known place of abode of the person appearing by the register of shareholders to be the proprietor Evidence of being share- holders. Forfeiture of shares. Notice of SYDNEY EXCHANGE COMPANY. 1049 of such share and to "be published in the New South Wales G-overnment 15 Viotoeia. Grazette and in one or more of the newspapers published in Sydney. 14. And be it enacted that after such forfeiture as aforesaid it Forfeited shares shall be lawful for the said directors to sell the forfeited share either ™^y ^^ ^°^^- by public auction or private contract and if there be more than one forfeited share then either separately or together as to them shall seem fit and any shareholder may purchase any forfeited share so sold as aforesaid and upon every such sale and on payment of the purchase Title of money it shall be lawful for the directors to cause a transfer of the ^chsfcfres' shares so sold to be executed to the purchaser by the secretary of the Company and such transfer shall constitute a good title to such share and a certificate of proprietorship shall be delivered to such purchaser and thereupon he shall be deemed the holder of such share discharged from all calls due prior to such purchase and he shall not be bound to see to the application of the purchase money nor shall his title to such share be affected by any irregularity in the proceedings in reference to such sale but the Company shall pay over to the defaulter the surplus if any produced by such sale over and above the said arrears interest and expense Provided nevertheless that if payment of such shares to revert arrears of call and interest and expenses be made before any share so '^ certain cases. forfeited shall have been sold as aforesaid such share shall immediately thereupon revert to and revest in the party to whom the same belonged before such forfeiture. 15. And be it enacted that as soon as the sum of five thousand commencement pounds shall be actually paid up and not before it shall be lawful for "^ building &c. the said Company and they are hereby authorized and empowered by themselves their deputies agents of&cers and workmen to erect and to enter into contracts for erecting a building to be used as an Exchange in the city of Sydney aforesaid and all other ofiices edifices and appur- tenances which may be convenient to be attached thereto or connected therewith. 16. And be it enacted that the immediate government and manage- Board of ment of the affairs of the said Company shall be vested in twelve <^i'^«'='°''8- directors who shall be proprietors of at least five shares each and who shall be chosen by the shareholders of the said Company in the manner hereinafter provided and shall be removable by a general meeting of the shareholders and the said directors shall among themselves elect a chairman and any number of directors not less than four shall con- stitute a board for the transaction of business and the said chairman shall preside at all meetings of the directors when present and when absent the directors present shall elect a chairman for the time being and the chairman shall vote at the board as a director and in case of there being an equal number of votes for and against any question before the board the chairman shall have the casting vote. 17. And be it enacted that no shareholder shall be entitled to vote voting regu- in the deliberations of the said Company who shall not be possessed of '^'«'*- five shares at the least in the capital stock of the said Company and that every shareholder who shall be possessed of five or more shares in the said Company shall for the first five shares be entitled to one vote and for every additional five shares to one additional vote Provided that no shareholder shall be entitled to more than ten votes in the said deliberations and all shareholders may vote by proxy if they shall see fit provided such proxy be a shareholder and do produce from 1050 SYDNEY EXCHANQE COMPANY. Form of proxy. 15 VioTOKiA. the shareholder whom he shall represent or for whom he shall vote an appointment in or to the following form or effect — ■ I {or we) of do herehy nominate constitute and appoint one of the proprietors of the Sydney Exchange Company to be my proxy in my name and in my absence to vote and give my assent to or dissent from any business matter or thing relating to the said Company that shall be mentioned or proposed at the general or sjaecial assembly of the said Company to be holden the day of or any adjournment thereof if I shall not be present in such manner as he shall think for the benefit of the said Company In witness whereof I have hereunto set my hand this day of one thousand eight hundred and And every question of election of public officers or other matters or things which shall be proposed discussed or considered at any public meeting of the said Company under the authority of this Act shall be determined and decided by the majority of votes and proxies then and there present Provided always that the same person shall not vote as proxy for any number of persons who together shall be entitled to more than twenty votes. 18. And be it enacted that if any shareholder be a lunatic or idiot such lunatic or idiot may vote by his committee and if any shareholder be a minor he may vote by his guardian or any one of his guardians and every such vote may be given either in person or by proxy. 19. And be it enacted that whenever one-half of the said capital stock shall have been subscribed the first general meeting of the share- holders for putting this Act in execution shall be held at some con- venient place within the city of Sydney between the hours of ten in the forenoon and four in the afternoon of which meeting not less than fifteen days notice shall be given by advertisement in the New South Wales Grovernment Grazette and in one or more of the newspapers published in the said city which notice three or more of the said share- holders are hereby authorized to give and there shall be held in each and every year after the present year two general meetings of the shareholders to be convened upon the first Monday in the months of January and July in each year at the hour of eleven in the forenoon in the said city or at such other day hour or place during the said months as the said Company at the preceding general meeting shall from time to time direct and appoint of which future general meeting not less than fifteen days notice shall be given by public advertisement as hereinbefore mentioned or in such other manner as the said Com- pany at their re,^pectiYe general meetings shall direct Provided always that the omission to meet as hereinbefore required shall work no forfeiture but the shareholders may be afterwards called to- gether by the directors of the said Company for the time being. 20. And be it enacted that at such first general meeting as aforesaid the shareholders then present by themselves or their proxies shall proceed to elect out of such shareholders as shall respectively be then possessed of not less than five shares in the said Company twelve persons to be the first directors of the said Company. 21._ And be it enacted that at each general meeting which shall be held in the month of July in each year one director shall retire from Votes of lunatics and minors. First general meeting. Election of directors. Eetirement of directors. SYDNEY EXCHANGE COMPANY. 1051 )fB.ce such retirement to be decided by ballot among the said direc- 15 Victoeia. ;ors until all the first set of directors in office at the first general neeting in July shall have so retired and then in each succeed- ng year the director who shall have been longest in office shall :etire and so on from time to time during the continuance of the said Company and at every such general meeting in the month of July .n each and every year or at some adjournment thereof the shareholders ;hen present by themselves or their proxies shall elect a nevi^ director n the place of the director who shall have so retired and of any other iirector whose place shall be then vacant in the manner hereinbefore provided for the election of the first set of directors Provided always Re-election of that every director who shall by rotation or otherwise go out of office '^"^°°*°"- on any annual day of election shall be eligible to be immediately re-elected a director of the said Company and any director who shall at any time be re-elected shall be deemed to have been in office only from the time of such re-election and that all the said first set of directors shall have so retired before any new or re-elected directors shall retire. 22. And be it enacted that every vacancy in the office of director Vacancies of occasioned by death resignation disqualification or removal or by any to'be'mied up. other means than by going out of office by rotation as hereinbefore mentioned shall be filled up by the election of a new director at a special general meeting of the shareholders to be convened by a majority of the remaining directors for that purpose within two calendar months next after such vacancy shall occur or at the next general half-yearly meeting if the vacancy shall occur within two months of the time for holding the same and the directors shall think fit to allow the place to continue so long vacant and every shareholder who shall be so elected shall continue in office so long only as the person in whose place or stead he may be elected would have been entitled to continue in office if such death resignation disqualification or rem.oval had not happened Provided always that no person being Contractors concerned or interested in any contract under the said Company shall ^''^^"'i'^'i- be capable of being chosen a director of the said Company and no . director shall be capable of being interested in any contract with the Company during the time he shall be a director Provided also that if any such contractor or person interested in any such contract shall be elected and shall act as a director his acts and the acts of the board whilst he continued de facto a member thereof shall be valid and effectual but it shall be lawful for a majority of the other directors or for any general meeting of shareholders to declare the election of such person void and to remove him from the office of a director. 23. And be it enacted that the said directors shall have the power officers to be of appointing and discharging all and every the officers and other tJ^aJJectors.' ^^ persons connected with the said Company and of paying to them such salaries or rates of remuneration as to the said directors shall seem proper and also shall have the management and superintendence of the affairs of the said Company except as to such matters as are directed by this Act to be transacted by a general meeting of the shareholders but the exercise of all such powers shall be subject to the by-laws rules and regulations of the said Company. 24. And be it enacted that the said shareholders shall at the said Appointment of first general meeting elect from among the members of the said Company ^'''^o'^^- three persons being severally possessed of five shares each in the said undertaking to be auditors of the said Company to examine and pass 1052 SYDNEY EXCHANQ-E COMPANY. Half-yearly report. Extraordinary meeting of Company. 15 Victoria, the accounts thereof and suet auditors sliall continue in office two years and when by effluxion of time the said auditors shall go out of office two persons duly qualified shall on the day on which the said auditors shall so go out of office or at the next general half-yearly meeting to be held thereafter be elected to be the auditors for the succeeding two years Provided always that it shall be lawful for any two of the said three auditors for the time being to examine and pass the accounts of the said Company Provided also that any vacancy in the office of auditor occasioned by death resignation disqualification or removal (which removal may be by a general meeting of shareholders) shall be filled up by the election of a new auditor at a special general meeting of the shareholders to be convened by the board of directors within two calendar months next after such vacancy shall occur or at the next general half-yearly meeting if the vacancy shall occur within two months of the time for holding the same and every shareholder who shall he elected to supply such vacancy shall continue in office so long only as the person in whose place he may be elected would have been entitled to continue in office if such vacancy had not happened. 25. Be it enacted that the said directors for the time being shall at every general half-yearly meeting of the said Company lay before the shareholders a report or statement of the accounts of the said Company and it shall be lawful for the said shareholders then present to allow such accounts and after such allowance the same shall not be opened or called in question unless any fraud shall be discovered therein. 26. And be it enacted that it shall be lawful for the directors either of their own motion or at the instance of shareholders as hereinafter mentioned to call a special general meeting of the shareholders and in case eleven or more shareholders shall by writing under their hands require the directors to call such meeting and shall in their requisition express the object of the meeting required to be called the said directors shall forthwith upon the receipt of such requisition convene a meeting of the shareholders accordingly and if the directors shall fail to call such meeting within ten days after the receipt of such requisition the shareholders aforesaid qualified as aforesaid may call such meeting in their own names. Notice thereof. 27. And be it enacted that fifteen days public notice at the least of all meetings whether general or special general shall be given by advertisement in the New South Wales Grovernment Gazette and one or more newspapers as hereinbefore mentioned which notice shall specify the place day and hour of meeting and every notice of a special general meeting shall specify the purpose for which such meeting is called. Admission fee 28. Aiid be it enacted that it shall be lawful for the said Company ttor&o.^"''^""''" from time to time and at all times hereafter to let and receive the rents of the offices and other buildings erected by the said Company in connection with the said Exchange and also to ask demand take recover and receive to and for the use and benefit of the said Company an admission fee and such other annual subscription as shall from time to time be settled by a by-law of the said Company from all persons who shall be desirous of being admitted to the use of the said Exchano-e buildings or any part or parts of them in particular Provided that such admission fee for the use of the ordinary Exchange room shall not exceed two guineas and that such annual subscription shall not. SYDNEY EXCHANGE COMPANY. 1053 exceed two guineas And provided also that no person engaged in com- 15 Victokia. merce within the said city and wlio shall tender or shall have paid the regular admission fees and annual subscription shall be excluded from the said ordinary Exchange room. 29. And be it enacted that the directors of the said Company shall at Dividends, each of the half-yearly general meetings make dividends of the income and profits arising to the said Company first deducting therefrom the costs charges and expenses of the said Company for the salaries and allowances of the several officers and servants and for such other pur- poses connected with the said Company as may be deemed proper by the said directors consistent with the by-laws rules and regulations of the said Company. 30. And be it enacted that if any money be payable from the said Receipts of Company to any shareholder or other person being a minor idiot or Snakes'!'"'* lunatic the receipt of the guardian of such minor or the receipt of the committee of such lunatic or idiot shall be a sufficient discharge to the said Company for the same. 31. And be it enacted that before apportioning the profits to be Profits reserved divided among the shareholders the said directors may if they think fit set aside therefrom such sum as they may think proper to meet con- tingencies or for enlarging repairing or improving the said Exchange or the buildings connected therewith and divide the balance only among the shareholders. 32. And be it enacted that no dividend shall be paid in respect of No dividend to any share until all calls then due in respect of such and every other share'in arreai-. share held by the person to whom such dividend may be payable shall have been paid. 33. And be it enacted that if any execution either at law or in Liability of equity shall have been issued against the property or effects of the shareholders, said Company and if there cannot be found sufficient whereon to levy such execution then such execution may be issued against any, of the shareholders to the extent of their shares respectively in the capital of the Company not then paid up Provided always that no such execution shall issue agaiast any shareholder except upon an 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 in writing to the persons sought to be charged and upon such motion such Court may order execution to issue accordingly and for the pur- pose 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 the register of shareholders without charge Provided Limit of liabiu- further that in the event of the assets of the said corporation being *"^'' insufficient to meet its engagements then and in that case the share- holders respectively shall be responsible to an amount equal to the amount of their subscribed shares only in addition to such subscribed shares. 34. And be it enacted that if by means of any such execution any Eeimbursement shareholder shall have paid any sum of money beyond the amount ° ^ "^ " ^'s- then due from him in respect of calls he shall forthwith be reimbursed such additional sum by the directors out of the funds of the Company and in case the same shall not be paid to him by the said directors within twenty-one days after demand thereof he shall be entitled to 105.4 SYDNEY EXCHANGE COMPANY. Increase of capital. Pre-emption of new shares. 15 ViCTOKiA. sue for and recover the same together with costs of suit from the said Company in any Court of law or equity having jurisdiction to the extent of the sum demanded. 35. And be it enacted that it shall be lawful for the said Company to enlarge the capital of the|said Company to any extent not exceeding ten thousand pounds in addition to the said original capital of ten thousand pounds for executing completing and maintaining the Exchange and other buildings hereby authorized and the said Company are hereby authorized and empowered to raise such additional capital by issuing new shares of ten pounds each as hereinafter provided but so that each such share shall not be issued at a less price than ten pounds and all such new shares shall be and be deemed personal estate and be transmissible accordingly and shall in all respects confer the same privileges and subject the holder to the same burthens and liabilities as the original shares. 36. Provided always and be it enacted that when and as from time to time the directors of the said Company shall determine to issue new shares under the provisions of this Act they shall by a circular letter to be sent by post or otherwise and addressed to each of the then proprietors of the present shares in the said Company whose address or the address of whose agent shall be then known to the directors or to the secretary of the Company signify the number of new shares proposed to be issued and the lowest price intended to be taken for the same respectively and the proprietors of such present shares shall within a period to be stated in such circular letter but not less than thirty days from the sending thereof be entitled to the option of taking all or any of such shares so to be newly created in pre- ference to any other person and such of the proprietors of original shares who within such period may signify in writing addressed to the secretary of the Company their desire to partake in the distribution of such new shares shall as between themselves be entitled to have so many of such newly created shares as shall be in proportion to the number of original shares then belonging to them respectively. 37. And be it enacted that in case any of the new shares shall not be taken up as aforesaid by original proprietors or if the persons by whom the same shall have been taken up shaL. not within the period to be fixed for such purpose by the directors of the said Company (and which shaU not be less than thirty days upon the allotment of such new shares) pay the price or deposit to be required on any newly created shares to be allotted to him then (and without prejudice to the remedies of the said Company against any such proprietor or sub- scriber who shall neglect to pay on his newly created shares) it shall be lawful for the said directors to allot any such share to any other proprietor or person whomsoever at such price for each such shares as the said directors may think proper but not less than ten pounds for the same respectively. 38. And be it enacted that the secretary of the said Company shall within thirty days from and after the first day of January in each and every year cause a true and correct list of the names of all the persons who shall be then existing proprietors or shareholders of the^ said Company with their respective places of abode and descriptions verified by a declaration to be made by such secretary in pursuance of and subject to the penalties imposed by the Act of the Governor and Subsequent allotment. Names of pro- prietors to be recorded. 9 Vic. No. 9. SYDNEY EXCHANGE COMPANY. 1055 Legislative Council passed in the ninth year of the reign of Her 15 Victoeia. present Majesty Queen Victoria intituled An Act for the more effectual abolition of oaths and affirmations taken and made in various depart- ments of the Government of New South Wales and to substitute declarations in lieu thereof and for the suppression of voluntary and extra-judicial oaths and affidavits to be recorded in the office for the registration of deeds at Sydney and the same shall be open for inspec- tion at all reasonable times by any person requiring the same on the payment of a fee of one shilling for each such inspection and if any such secretary shall omit or neglect to cause such list to be recorded Penalty for in manner aforesaid or shall wilfully falsify any such list he shall be '"'Siect. subject and liable to a penalty of one hundred pounds to be recovered by an action of debt in the Supreme Court or any other Court of com- petent jurisdiction in the said Colony by any person who shall sue for the same Provided always that such action shall be commenced within six months from the time the oifence shall be alleged to have been committed. 39. And be it enacted that every person whose name shall be so re- Evidence of pro- corded as aforesaid shall be considered taken and held to be a proprietor or p"^'""^^ 'P- shareholder of the said Company and shall be liable accordingly until a new list of the names of the proprietors or shareholders of the said Company shall be recorded as aforesaid or until he shall have given notice in the New South Wales Government Gazette of his retirement from the said Company. 40. And be it enacted that no action or suit at law or in equity Limitation of shall be brought or prosecuted against the said company or any of its actions. officers or members for any act matter or thing done under the author- ity of this Act unless such suit or action shall be commenced within six months next after the offence shall have been committed or cause of action accrued and notice in writing of such action and the cause thereof shall be given to the defendant one calendar month at least before the commencement of the action and the defendant or defend- ants in every such action may plead the general issue and give this Act and the special matter in evidence at any trial to be had thereupon. 41. Provided always and be it enacted that nothing in this Act con- savingtho rights tained shall be deemed to affect or apply to any right title or interest °'j,_H" Majesty of Her Majesty her heirs or successors or of any body or bodies politic or corporate or of any person or persons except such bodies politic or corporate and other persons as are mentioned in this Act and those claiming by from or under them. 42. And be it further enacted that this Act shall be deemed and xiiis Act to be taken to be a public Act and shall be judicially taken notice of as ^^^^'^ ^ p"*""" such by all Judges Justices and others without being specially pleaded. SCHEDULE A. FOKM OF CERTIFICATE OF SHARE. The Sydney Exchange Company. No. This is to certify that A.B. of is the proprietor of the share (or sliares) numbered of the Sydney Exchange Company subject to the regulatious of the said Company. Given under the common seal of the Company this day of in the year of our Lord one thousand eight hundred and 1056 SYDNEY EXCHANQE COMPANY. 19 vicTOEiA. An Act to amend the Act for the incorporatioji of the Sydney Exchange Company. [14 August, 1855.] Preamble. XXT HEEBAS by the Act passed in the fifteenth year of Her present Sydney Ex- VV Majesty's reign for the incorporation of the Sydney Exchange rfmnge Company QQ^pg^-Qj ^t^q g^id Company was established and incorporated with a capital of ten thousand pounds divided into one thousand shares of ten pounds each with power to increase such capital to an extent not exceeding ten thousand pounds in addition to the said original capital for the purpose of erecting completing and maintaining the Exchange and other buildings by the said Act authorized And whereas by virtue of the said power the said capital has been increased to the extent of the further sum of ten thousand pounds by the creation of one thousand new shares but the said capital is much less than suifi- cient for carrying out the purposes of the said Act upon the scale which the Company has thought it expedient to adopt and it is there- fore expedient to alter and amend the said Act by giving powers to the said Company to raise further capital or funds by the issue of additional shares or by means of loans to an extent not exceeding in the whole the further sum of thirty thousand pounds And whereas the said Act requires amendment in some other respects as hereinafter mentioned Be it therefore enacted by His Excellency the Governor of New South "Wales by and with the advice and consent of the Legislative Council thereof as follows — Company may 1. It shall be lawful for the said Company for any of the purposes furthe^^oapitai'''' hereinafter mentioned by the order of any general meeting to raise or loan or both any sum or sums of money not exceeding in the whole the further sum of thirty thousand pounds in either of the modes hereinafter mentioned or partly by one and partly by the other of such modes. Mode of en- 2. Subject to the before-mentioned limitation it shall be lawful for larging capital. .j.jjg Company to enlarge their capital as may from time to time be required by issuing new shares of ten pounds each in the like manner directed by and subject to all the like provisions mutatis mutandis as are contained in the said recited Act in reference to the increase of capital thereby authorized. Mode of raising 3. Subject also to the before-mentioned limitation it shall be lawful gT"e.'''' """^ for the Company from time to time to borrow and take up at interest any sum or sums of money and to issue debentures for the same or to mortgage the personal property of the said Company and the rents fees and subscriptions authorized to be received and taken by the said Company by section twenty-eight of the said recited Act as a security for any such sum or sums of money to be borrowed as aforesaid with interest to such person and his assigns as shall advance the same and all such debentures ,or mortgages shall be made under the common seal of the said Company and in the form or to the effect in Schedule A No. 1 or 2 to this Act annexed and shall operate to charge the personal property rents fees and subscriptions which may be acquired by the said Company or which may arise after the date of such debentures or mortgages as well as the personal property rents fees and subscriptions possessed by the said Company or which may have arisen at the dates of such debentures or mortgages any rule of law to the contrary thereof notwithstanding And all persons to whom such debentures or mort- gages shall be made shall be equally entitled one with the other to SYDNEY EXCHANGE COMPANY. 1057 their proportions of the premises according to the respective sums 19 Victobia, adTanced by them without preference hy reason of priority of date or any other reason whatever And an entry or memorial of all such debentures or mortgages with the numbers and dates thereof and the names and additions of the persons to whom the same shall have been made and of the sums borrowed and the rate of interest to be paid thereon shall within fourteen days next after the dates thereof re- spectively be entered in a book to be kept by the secretary or other oificer of the said Company which book shall be open at all reason- able times to the inspection of all persons interested therein without fee or charge. 4. Every person to whom any such mortgage shall have been made Mortgagees may as aforesaid or who shall be entitled to the money due thereon may '^*°° ''^' transfer his right and interest therein to any person whomsoever by a transfer in the form or to the effect in No. 3 of the said Schedule A to this Act annexed and every such transfer shall within twenty-eight days after the date thereof be produced to the secretary of the Company who shall cause an entry or memorial to be made thereof in the same manner as the original mortgage for which the said secretary shall be paid the sum of two shillings and sixpence and after such entry made every transfer shall entitle his transferee his executors administrators and assigns to the full benefit thereof and to payment thereon And all such debentures may be transfeiTed by indorsement thereon and such indorsement shall entitle the indorsee thereof to the full benefit of such debentures and to payment thereon. 5. The interest of the money which shall be raised by debentures or interest to be a mortgages as aforesaid shall be paid half-yearly and such interest and o" coSpanVs^ any principal sum borrowed under the provisions hereof which shall property. have become due shall be paid to the several persons entitled thereto in preference to any interest or dividends due or payable by virtue of this or the said recited Act to the shareholders or any of them and shall from time to time be fully paid and discharged or provided for before the yearly or other interest or dividends due to the shareholders or any of them shall be paid and in case any such principal or interest shall be behind and unpaid by the space of twenty-one days next after the same shall have become due and payable as aforesaid and the same shall not be paid within seven days next after demand thereof in writing shall have been made to the secretary of the said Company at the oiEce of the Company it shall be lawful for two or more Justices of the Peace and they are hereby required on request to them made by or on behalf of any mortgagee whose principal or interest shall be so in arrear by an order under their hands to appoint one or more person or persons to receive the whole or such part of any rents fees or sub- scriptions liable to pay such principal or interest so due and unpaid as aforesaid and the money so to be received by such person or persons is hereby declared to be so much money received by or to the use of the person to whom such principal or interest shall be then due until the same together with the costs and charges of recovering and receiving the rents fees and subscriptions shall be fully satisfied and paid and after such principal or interest and costs shall have been paid and satisfied the power and authority of such receiver and receivers for the purposes aforesaid shall cease and determine or otherwise the said principal or interest so due and unpaid as aforesaid may be sued for and recovered with costs by an action of debt in the Supreme Court. 3x 1058 SYDNEY EXCHANGE COMPANY. 19 VicTOEiA. 6. No person to wliom any sucli debenture or mortgage stall be No mortgagee to made Or transferred as aforesaid stall in virtue of suet debenture or proprietor' ^^ mortgage be deemed a proprietor of any stare or stall be capable of acting or voting at any meeting of tte said Company. Company may 7. In case tte said Company stall raise any sum of money by de- shiit mortgages. ^,gjj^^j,g qj, mortgage and stall afterwards pay off tte same or any part ttereof it stall be lawful for tte Company and ttey are tereby auttorized and empowered again to raise so muct and suet sum of money as ttey stall from time to time tave paid off and so from time to time as often as the same stall tappen. How money 8. It stall be lawful for tte said Company to apply tte several sums pUed. ° ^ ^^' of money to be so raised wtetter by enlarging tte capital of tte said Company or by loans as aforesaid towards completing tte erection of tte building to be used as an Exctange in tte city of Sydney and tte erection and completion of any otter buildings offices and appur- tenances whict may be considered by tte directors for tte time being necessary or expedient and towards any otter of tte purposes of tte said recited Act and in tte purctase of suet furniture books and otter articles and ttings as the said directors may ttink it expedient to provide for use in tte said Exctange. Four directors to 9. So muct of section sixteen of tte said recited Act as follows lorm a quorum, ^j^^ words " general meeting of tte staretolders " is tereby repealed and any number of directors of tte said Company not less ttan four stall constitute a board for tte transaction of business and at tte first meeting of tte board next after tte passing of ttis Act and from time to time ttereaf ter at any meeting of tte directors ttey stall elect two members of tteir own body to be respectively ctairman and deputy ctairman of the Company And at all meetings of tte board and also at every general and special general meeting of staretolders suet ctairman or in tis absence suet deputy ctairman stall preside and when bott are absent tte directors or tte staretolders present as tte case may be stall elect a ctairman for tte time being. hoidersrequired ■'■^' ^* every general or special general meeting tte presence of for a general ttirteen staretolders stall be necessary to tte transaction of any meetmg. business except that of adjourning tte meeting and if at the expira- tion of half an tour from tte time for which tte meeting was con- vened suet number of ttirteen stall not have assembled tte stare- tolders present may adjourn suet meeting to some future day not less ttan seven days ttereafter and tte meeting stall stand adjourned accordingly. Two directors to H. So muct of tte twenty-first section of tte said recited Act as annua y. gj^g^g^g ^]jg_^ ^^g (jirgg^^gr stall retire from office at tte general meet- ing teld in July in eact year is tereby repealed and in lieu ttereof two directors shall retire at every such meeting in tte month of July and suet retirement stall be decided as in the said twenty-first sec- tion of the said recited Act mentioned. torsnStto'be^re ^^' ^° ™uch of section twenty-one of the said recited Act as e?5biefor '''^'declares any director going out of office by rotation or otherwise eligible to be immediately re-elected a director is tereby repealed And no director so going out stall be eligible to be so re-elected until after the lapse of twelve montbs from tte time of tis so going out of office. twelve months. SYDNEY EXCHANGE COMPANY. 1059 13. Any director of the Company who shall absent himself from the 19 Victoeia. board meetings for six months consecutively without the permission Directors absent of the board or who shall cease to reside within this Colony or go to fOT?ixmontts'or reside at remote parts thereof shall be declared by the directors to residing abroad have forfeited his office of a director and thereupon he shall cease to part's oTth? be such director and his place shall be supplied bv the election of colony to cease another person in his stead to be a director. 14. So much of section twenty-six of the said recited Act as fixes Requisition of the number of eleven as the minimum number of shareholders on to\fsuffl'i?ent'^ whose requisition the directors shall convene a special general meeting for convening a of shareholders is hereby repealed and such minimum number of nieetrn^^"^"^' shareholders shall be six provided they shall hold in the aggregate not less than one hundred shares and shall have held the same for at least six months previously. 15. In case a poll shall be demanded at a general or special general Poll may be meeting of the shareholders upon any question to be decided the same '^<=™™<*'='i- shall be determined by ballot. SCHEDULE A. (No. 1.) NEW SOUTH WALES.— SYDNEY EXCHANGE COMPANY. £100. £100. DEBENTURE for One Hundred Pounda Sterling Principal and Interest x>ay able in Sydney. No. Number. No. This debenture entitles or indorsee to one hundred pounds sterling (value received) wMch with interest at the rate of pounds per centum per annum is hereby charged and secured upon the personal estate goods chattels and effects belonging to the Sydney Exchange Company and all rents fees and siibscriptions receivable by tlie said Company by virtue of the Act of the Governor and Legislative Council 15 Victoria passed for the incorporation of the said Company or of the Act of the said Oovernor and Council 19th Yictoria passed for amending the said Act The interest hereon will be paid Wlf-yearly on or after the first days of January and July in each year respectively on presentation hereof at the office of the secretary of the Company in Sydney The principal sum will be payable in years from the date hereof ^jMil^ t£e office of the Sydney Exchange Company Sydney and sealed with tbeiipRieu. <\aeal this day of one thousand eight hundred sr commoiiV Secretary. Ind (l. " V ^.a-^'^v ^ ^ (1^^^**? Directors. Entered at the office of th ^.rt,>-r of debentures folio and issued this ahall ha ^.^^ one thousand eight hundred and fifty and all'^ ^ entire 'm»F Secretary. ■oroper ■■■^■' J.- ••(-, i of Mortgage. SYDNEY EXCHANGE COMPANY^ Mortgage No. \ By virtue of the Act passed in the nineteenth year of Her Majesty's reign, entitled An Act to amend the Act for the incorporation of the Sydney Exchange Company the said Company in consideration of the sum of pounds shillings and pence paid to the said Company b^- ■ of do assign unto the said his executors administrators and assigns all the present and future personal estate and effects of the said Company and all rents fees and subscriptions received and receivable by the said Company under the authority of the Act of the Governor and Legislative 1060 SYDNEY GEAMMAE SCHOOL. 19 Victoria. Council 15 Victoria passed for the incorporation of the said Company or of the said Act 19th Victoria passed for amending the said Act of incorporation and all thcv estate right title and interest of the said Company therein and thereto to hold the same unto the said his executors administrators and assigns until the said sum of pounds shillings and pence together with interest on the same at the rate of for every one hundred pounds by the year shall be paid and satisfied And it is hereby stipulated that the said principal sum shall be repaid at the end of years from the date hereof and that interest at the rate aforesaid thereon or on so much thereof as shall remain due shall be paid by equal half-yearly payments Dated at the office of the Sydney Exchange Company Sydney and sealed with their common seal this day of one thousand eight hundred and Secretary. (l.s. ) f Directors. Entered at the office of the Company in the register of mortgages folio and issued this day of one thousand eight hundred and fifty Secretary. (No. 3.) Form of Transfer. I of in consideration of the sum of pounds shillings and pence paid to me by of do transfer to the said his executors administrators and assigns a certain mortgage bearing date the day of one thousand eight hundred and fifty made to me by the Sydney Exchange Company and numbered for securing the sum of pounds shillings and pence and interest at per centum per annum and all my right estate and interest in and to the whole money thereby secured and the personal property rents fees and subscriptions thereby assigned As witness my hand this day of one thousand eight hundred and fifty SYDNEY GRAMMAE ^KODL. 18 Victoria. An Act to incorporate and partial'ly endow the Sydney Grammar School. [2 J^ meetiher, 1854.] Preamble. TTTHEEEAS it is deemed expedjjg^jj^ ^^^ j^e better advancement of W religion jnd morality an djpjj meetino- ioii of useful knowledge to estatlisli in Syduc./ a public^c_« c ^^j^g meetiierring on all classes and denominations of Her B.yg ti ^^fs.^ ident in the Colony of New South "Wales witho? ^ -® § q ^ Vj tsoever the advantages of a regular and liberal '^ ■$,'■§ -^ g g¥°^ °*J it therefore enacted by His Excellency the G-C:£i o'g.g g ^W^^i of ales with the advice and consent of the Legislati -g ^.^-^ the^JFaa follows:— Trustees of a 1. There shall be nomi&i'ctoe'a /^d appointed by the Grovernor with fo™ ney tobe tie advice of his Executive_ Council a body of trustees consisting of appointed and the number of persons herei.-ftaf ter mentioned which body of trustees lueorporate . ^-^^^-^ ^^ ^^^ j^ herebr; -Jonstituted from the date of such nomination — ajid appointmeivt alDody politic and corporate by the name of the trustees of the Sjdney G-rammar School by which name such body politic shall have perpetual succession and shall have a common seal and shall by the same name sue and be sued implead and be impleaded and answer and be answered unto in all Courts of the said Colony and shall be able SYDNEY GEAMMAE SCHOOL. 1061 and capable in law to take purchase and hold to them and their sue- 18 Victoria. cessors all goods chattels and personal property whatsoever and shall also be able and capable in law to take purchase and hold to them and their successors not only such lands buildings hereditaments and pos- sessions as may from time to time be exclusively used and occupied for the immediate requirements of the said school but also any other lands buildings hereditaments and possessions whatsoever situate in the said Colony or elsewhere and that they and their successors shall be able and capable in law to grant demise alien or otherwise dispose of all or any of the property real or personal belonging to the said school and also to do all other matters and things incidental to or appertaining to a body politic. 2. Provided always that it shall not be lawful' for the said trustees Not to have to alienate mortgage charge or demise any lands tenements or here- or'Sortera^e"*''' ditaments to which it may become entitled by grant purchase or other- lands &c. with- wise unless with the approval of the Grovernor and Executive Council Governor and"' of the said Colony for the time being except by way of lease for any Executive term not exceeding thirty-one years from the time when such lease shall be made in and by which there shall be reserved and made pay- able during the whole of the term thereby granted the best yearly rent that can be reasonably gotten for the same without any fine or foregift. 3. The said body politic and corporate shall consist of twelve trustees Trustees to be of whom six shall be persons holding the following offices respectively bir— sIx'officSi" that is to say — the ofiices of Colonial Secretary Attorney- G-eneral and six non- Speaker of the Legislative Council or future Legislative Assembly Provost of the University of Sydney the Principal Classical Professor of the University and the Mathematical Professor therein and the other six of whom shall be laymen not holding ofiices under the Grovernment or the University Provided that in case any one person shall at the same time hold two of the offices mentioned in the first part of this clause it shall be lawful for the Grovernor to nominate and appoint one other officer of the Grovernment or University. 4. All vacancies occurring by the death resignation removal sick- vacancies how ness or incapacity of any of the six official members of the said body *° *"' *"^'' "P- politic shall be filled by the nomination and appointment of the Crovernor and all vacancies so occurring amongst the other members shall be filled by election such election to be by a majority of votes of the remaining trustees. 5. The said trustees shall have full power to appoint and dismiss Trustees to have all -masters or teachers and all officers and servants of the said school entire manage- and also shall have the entire management and superintendence over intendence. the affairs concerns and property of the said school and in all cases Tinprovided for by this Act it shall be lawful for the said trustees to act in such manner as shall appear to them to be best calculated to promote the purposes for which the said shool is to be established and the said trustees shall have full power from time to time to make and Trustees to maiie also to alter any regulations (so as the same be not repugnant to the JolcJ,^);^"^^ general objects and provisions of this Act) touching the discipline of discipline ot the -the said school the examinations for prizes and the granting of the ^^tto™* ""'^'^ same and touching the mode and time of convening the meetings of the said trustees and in general touching all other matters whatsoever relating to the said school. 1062 SYDNEY GEAMMAE SCHOOL. chairman of meetings. Questions decided by majority. Endowment of £1,500 a year for or towards sup- port of masters &c. 18 Victoria. 6. At some meeting of tlie trustees in the month of January in As to election of each year the members present shall elect one of their number to be chairman. their chairman for the ensuing year and in the event of the death or resignation of such chairman during the year for which he shall be so elected the trustees shall elect one other of their number to be the chairman of the body for the remainder of the current year. 7. At every meeting of the said trustees the said chairman if present shall preside and in his absence a chairman of the meeting shall be chosen by the members present or the major part of them and all questions vfhich shall come before the said trustees shall be decided by the majority of the members present including the chairman and such chairman shall in case of an equality of votes have a second or Quorum of trus- casting vote and no question shall be decided at any meeting unless *°^' four trustees at the least shall be present at the time of such decision. 8. By way of permanent endowment of the said school the Governor is hereby empowered by warrant under his hand to direct to be issued and paid out of the general revenue of the Colony to the credit of the said trustees the sum of fifteen hundred pounds by four equal quarterly payments on the first day of January the first day of April the first day of July and the first day of October in every year as a fund for defraying or contributing to the several stipends which shall be appointed to be paid to the several masters or teachers in the said school and to such necessary officers and servants as shall be from time to time appointed by the said trustees and for defraying or con- tributing to the expense of such prizes as shall be awarded for the encouragement of pupils in the said school or for providing one or more scholarships in the University and for providing or contributing to the formation of a library for the same and for or towards dis- charging all incidental and necessary current expenditure the first instalment of such endowment to be payable on the first day of April one thousand eight hundred and fifty-five. 9. The Governor is hereby further empowered by warrant under his hand to direct to be issued out of the general revenue of the Colony and paid to the said trustees a sum or sums not exceeding in the whole twenty thousand pounds for the erection of suitable build- ings for the said school and for the residence of the head-master thereof Provided that the plans and specifications of the buildings to be erected shall first have been laid before the Governor and Executive Council and approved by the Governor by writing under his hand. 10. A full account of the whole income and expenditure of the said school shall once in every year be transmitted to the Colonial Secretary for the purpose of being submitted to the Legislative Council or Assembly of the Colony as the case may be and subjected to such ex- amination and audit as the said Legislative Council or Assembly may direct. Fees to masters 11. It shall be lawful for the masters or teachers in the said school of Bohoorde"'^^'^ ^^ addition to the stipends which they shall respectively receive out of mandabie under the endowment hereby granted to demand and receive from the parents '°""^°*'"''° guardians or friends of the pupils in the school such reasonable fees for instruction and for the treasurer of the school to collect from the pupils on behalf of the said school such reasonable fees for entrance and other charges as shall be from time to time authorized by any regulation made and approved as aforesaid. £20,000 to be issued out of public Treasury for buildings. Annual accounts to be sent to Colonial Secre- tary and laid before the Legis- lative Council or Assembly. regulations. SYDNEY HOSPITAL. 1063 12. No pupil shall be allowed to attend tlie said sctool unless lie 18 Victoria. stall dwell with, his parent or guardian or with some near relation or Eeguiations as friend approved by the head master of the school or with the tutor or pup^^*^™"® "' master of a boarding house licensed by the trustees. 13. No religious test shall be administered to any person to entitle No religious him to be admitted as a pupil in the said school or to hold any office '^^'^ Permitted. therein Provided always that this enactment shall not be deemed to prevent the making of regulations for securing the due attendance of the pupils for divine worship at such church or chapel as shall be ap- proved by their parents or guardians respectively. 14. The Governor of the Colony for the time being shall be the Governor to be vifiitor of the said school with authority to do all things which pertain ^'^' ""' to visitors as often as to him shall seem meet. 15. All regulations which shall from time to time be made by the Eeguiations as said trustees as aforesaid concerning the government and discipline of ernor and Ex-° ' the said school which shall be in force at the beginning of every f°'i*'^'^-j°^°'^ session of the said Legislative Council or Legislative Assembly and Legislative which shall not have been before that time laid before the same shall ^™"^^i°' within six weeks after the beginning of such session be laid by the Colonial Secretary before the said Legislative Council or Assembly. 16. The said trustees shall once at least in every year and also Annual reports whenever the pleasure of the Grovernor shall be signified in that behalf be «!nt%- t™s-° report their proceedings and the proceedings and progress of the school tees to Governor to the said Grovernor and Executive Council and a copy of every such Legislative report shall be laid before the said Legislative Council or Legislative 2™^"^]°"^ Assembly within six weeks after the same shall have been made if such Legislative Council or Assembly be then sitting or if not then within six weeks next after the meeting of the same. SYDNEY HOSPITAL. An Act to incorporate the Sydney Infirmary and 45Victoeia. Dispensary. [15 Novemher, 1881.] "VTTHEEEAS a Society or institution was in the year one thousand Preamble. VV eight hundred and twenty-six established known as the Sydney Dispensary having for its object to afEord medical and surgical relief to poor and destitute persons and others requiring such aid And whereas by the Act of Council seventh Victoria number twenty-three the members of the said Sydney Dispensary were enabled to sue and be sued in the name of their treasurer for the time being and in the same name to acquire and hold land by purchase or lease and provision was also made in case the said Society should establish a General Hospital that the said Act should be applicable to such hospital as well as to the said dispensary And whereas the hospital so contemplated was established in the year eighteen hundred and forty-six and the Society thereupon became and has since been designated and known as the Sydney Infirmary and Dispensary and has under such designation con- tinued to occupy the lands buildings and premises in Macquarie-street originally occupied by the said Sydney Dispensary and a grant thereof has been issued to the said Society upon certain trusts in favour of the 1064 SYDNEY HOSPITAL. Title of Act. Repeal of 7 Vic. No. 23. 45 VioTOEiA. said infirmary and dispensary and subject to certain conditions qualifications and provisions as therein expressed And -wliereas the moneys now possessed by or held in trust for the said Sydney Infirmary and Dispensary have been given bequeathed or subscribed by persons of various religious denominations and it is therefore deemed expedient that the said institution shall be entirely unsectarian in character And whereas it is expedient for the purpose of more effectually carrying out the purposes for which such moneys are held viz. the erection of a suitable buildiag or buildings the maintenance thereof and to ensure the good government and management thereof that the subscribers for the time being to the erection and support of the said hospital should be incorporated vnth and subject to the powers privileges conditions and provisions hereinafter expressed and that the land comprised in. the grant hereinbefore referred to should be vested and held in manner hereinafter mentioned And whereas attendance by medical students in the Sydney Infirmary and Dispensary is recognized by the British Medical Schools as a valid attendance for the purpose of obtaining a degree or diploma in medicine or surgery in Grreat Britain and it is expedient to make provision for facilitating and regulating such ■ attendance 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. This Act may be cited as the " Sydney Hospital Act of 1881." 2. From and after the passing of this Act the Act seventh Victoria number twenty-three intituled An Act to enable the Members of a certain Institution in the Colony of New South Wales denominated the Sydney Dispensary to sue and be sued in the name of the treasurer for the time being and for other purposes therein mentioned shall be repealed but without prejudice to anything lawfully done or commenced thereunder. Subscribers to 3. All persons who at the time of the passing of this Act shall be i°col^oration. ^'^ entitled to vote at the meetings of the Sydney Infirmary and Dispensary And all persons who shall hereafter contribute to the support of the Sydney Hospital a sum of not less than one jjound annually so long as they continue so to contribute And all persons who shall contribute to the building fund of the hospital or the general support of the institution a sum of not less than fifty pounds in one sum shall be a body corporate by the name of the Sydney Hospital and shall have perpetual succession and a common seal and under that name may sue and be sued prosecute and defend and tate all other proceedings in all Courts civil and criminal within the said Colony. 4. All real and personal estate now or hereafter vested in and held by any person or persons in trust for the said Sydney Dispensary or Sydney Infirmary and Dispensary are and shall be hereby trans- ferred to and vested in the said body corporate subject to any trusts affecting the same. 5. It shall be lawful for the said body corporate to take purchase hold and enjoy not only such lands buildings and hereditaments as may from time to time be required for the purposes of the institution but also any other lands and hereditaments whatsoever or wheresoever situate and also to take purchase receive hold and enjoy any chattels and personal property and also to sell grant convey demise or otherwise All tnist pro- perty vested in body corporate. Power to hold and deal with lands. STDNET HOSPITAL. 1065 dispose of either absolutely or by way of mortgage any of tbe property 45 Victoria. real or personal belonging to the said body corporate Provided that it shall not be lawful for the said body corporate so to sell grant con- vey demise mortgage or dispose of any land now or hereafter granted by the Crown. 6. The institution and the property of the said body corporate shall institution Mid be governed managed and disposed of by the board of directors of the manned by ^ institution for the time being subject to the by-laws for the time being directors. of the said institution and six directors shall form a quorum of such board for the doing any act or performing or transacting any business which may under the provisions of this Act or the by-laws of the said body corporate be done performed or transacted by such board. 7. The board shall for all purposes connected with the said institu- Board of tion be the representatives of the said body corporate and shall consist 'i'r*'=*°"^- of a president two vice-presidents a treasurer and twenty directors together with two representative directors to be annually elected by the honorary medical and surgical officers of the said institution And of the twenty directors aforesaid ten shall be nominated by the Grovernor with the advice of the Executive Council and shall hold office during the pleasure of the said Governor and Council. 8. A general meeting of the subscribers shall be held within two First board of months after the passing of this Act for the purpose of electing a presi- directors, dent two vice-presidents a treasurer and ten directors who together with two representative directors elected as aforesaid and ten directors nominated by the Governor shall collectively form the first board under this Act and until the said elections and nominations shall have taken place the existing board of directors shall continue to manage the said hospital. 9. The president vice-presidents and treasurer shall be elected annu- Election of ally at a meeting of the subscribers to be held in the month of January prISdmtg™ d or February the first of such annual meetings to take place in the treasurer, month of February next and of the ten directors elected by the sub- scribers as aforesaid four shall retire annually the retiring directors being those whose attendance at the meetings of the board shall have been the least numerous And where any doubt shall exist as to the directors to retire under this provision the board shall determine the matter by lot but the retiring directors shall in every year be eligible for re-election. 10. Subject to the provisions of this Act it shall be lawful for the Power to make board to make repeal and alter by-laws for regulating the times and ^" *^^' mode of meetings and of transacting business for fixing the number of votes of contributors in proportion to the amount of their contribu- tions for determining the qualification disqualification change retire- ment election and appointment of directors medical officers auditors executive and other officers and nursing stafE and sub-committees of the institution and generally for the support management and govern- ment of the institution and of all officers servants and patients thereof And such by-laws shall on approval by the Governor with the advice aforesaid and upon publication in the Gazette have the full force of law and shall be laid before Parliament within fourteen days after such approval if Parliament be then sitting and if not then within fourteen days after the commencement of the next ensuing session thereof. 1066 SYDNEY HOSPITAL. Power of direct- ors to invest funds. Directors to appoint sub- committees. .45VI0TOEIA. ^^ A copy of the Gazette containing any such by-laws purporting Evidence of copy ^q |,g certified by the secretary for the time being of the institution as being correct shall be received in any Court as conclusive evidence of such by-laws having been duly made in pursuance of the provisions of this Act. 12. It shall be lawful for the board from time to time to invest any funds of the said body corporate which are not in the opinion of such board req[uired to defray the current expenses of the institution and any moneys given or bequeathed to or arising from any donation of real or personal property to the institution at the discretion of such board in any Grovernment funds or debentures of any Australian Colony or in any debentures or debenture stock of any municipal corporation in the said colonies or of any bank or incorporated Company carry- ing on business there in or by way of purchase of or mortgage upon any freehold estate there as well as in bank or deposit receipts for fixed periods or otherwise with power from time to time and at any time to vary and transfer any such investment for or into any other investment authorized by this Act Provided always that it shall be lawful for the said board in their absolute discretion at any time to resort to any such investments and to sell the same for the purpose of applying the moneys to arise from such sale for the purposes of the institution. 13. The Board may from time to time elect and appoint from their own body a house committee and such and so many sub-committees as they may think fit for transacting the affairs and business of the institution with and subject to such powers privileges provisions and conditions as shall be expressed and declared by the by-laws. Power to appoint 14. It shall be lawful for the board from time to time to make pro- ntmdng staff. vision for the instruction of medical students and for the establish- ment and support of a nursing and training staff for the institution And for regulating the attendance of such medical students and the fees to be paid by them. 15. No irregularity informality or illegality in the election or appointment of any director or officer of the institution shall render illegal or invalid any act deed matter or thing done or executed or suffered to be done or executed by such director or oiEcer in pur- suance of such election or appointment but any such election or appointment may in such way as may be provided for in the said by- laws be determined by resolution to be good or bad and if bad the vacancy may be supplied in such way as may be provided for in such by-laws the provisions whereof as to the validity of any such election or appointment and the acts deeds and things done by any director or officer in pursuance of any such election or appointment shall have the force and effect of law. Proceedings may 16. It shall be lawful for the treasurer to institute and prosecute recovering^ ""^ ii the name and on behalf of the said body corporate proceedings in '""""""''""" any Court against any person who may have received medical or surgical treatment in the institution or against the executors or administrators or the curator of the estate of any such person for the recovery of fees and remuneration for such care and attention and any amount recovered in any such proceedings shall be applied in such way as may be provided in the by-laws. Informality of election of director or officer not to invalidate acts &c. recovering remuneration for treatment in the institution. SYDNEY MAEINE ASSTJEANOE COMPANY. 1067 17. AH unclaimed moneys of patients who sliall die in tte insti- 45 Victoeia. tution sliaU be tte property of the said body corporate and sliall form unclaimed a distinct and separate fund to be called the " Samaritan Fund " which U^™^|a°' fund shall be managed and disposed of in such manner as shall be patients to form provided by the by-laws for the benefit of necessitous outgoing SamantanFun . patients. SYDNEY MARINE ASSUR.iNCE COMPANY'S 29 viotobia. INCOEPORATION. An Act to incorporate the Sydney Marine Assurance Company. [7 April, 1866.] \\I HEEEAS a Joint Stock Company called the Sydney Marine Preamble. T T Assurance Company has been lately established at Sydney in the Colony of New South Wales under and subject to the rules regu- lations and provisions contained in a certain deed of settlement bearing date the Second day of October one thousand eight hundred and sixty- five purporting to be the deed of settlement of the said Company And whereas by the said deed of settlement the several parties thereto (other than the nominal covenantee therein named) have respectively and mutually covenanted and agreed that they whilst holding shares in the capital of the said Company would remain and continue until such Company should be dissolved under the provisions in that behalf therein contained a joint stock Company under the name style and title of the Sydney Marine Assurance Company for the purpose of effecting and carrying out the objects or business therein particularized being such and the same as are enumerated in section five of this Act And whereas it was by the said deed of settlement agreed that the capital of the said Company should consist of one hundred thousand pounds sterling to be divided into twenty thousand shares of the amountof five pounds each and of such further sum or sums as might thereafter be raised by the creation allotment and sale of new shares as therein pro- vided And whereas by the said deed of settlement provision has been made for the due management of the affairs of the said Company by certain directors and auditors already appointed and by other directors and auditors to be from time to time elected and appointed as their successors by the shareholders of the said Company And whereas seventeen thousand of the said shares have been duly allotted and taken up and a deposit of tbn shillings per share has been paid up thereon and the remaining three thousand shares have been reserved for future allotment as in the said deed of settlement provided And whereas the said Company is desirous of being incorporated and it is considered that it will be advantageous not only to the said Company but also to the mercantile shipping and other interests of New South Wales that it 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 following words and expressions in the Act shall have the interpretation several meanings hereby assigned to them unless there be something in '='*^^^- 1068 SYDNEY MAEINE ASSUEANCE COMPANY. The Company. The directors. Shareholder. Deed of settle- ment. 29,VicTOKiA. tte subject or the context repugnant to such construction (that is to say) — The expression "the Company" shall mean the Company incor- porated hy this Act. The expression "the directors" shall mean the hoard of directors of the Company duly appointed under the provisions of the said deed of settlement. The word " shareholder" shall mean shareholder proprietor or member of the Company. The expression " deed of settlement" shall mean and include the said recited deed and any alterations additions and 'amend- ments that may from time to time be made in or to the same in pursuance of the provisions in that behalf therein con- tained. Company inoor- 2. Every person who has already become or at any time hereafter pora e . shall Or may in the manner provided by and subject to the rules regu- lations and provisions contained in the deed of settlement become holders of shares of or in the capital for the time being of the Company shall for the purposes aforesaid but subject nevertheless to the condi- tions regulations and provisions hereinafter contained be one body politic and corporate in name and in deed by the name of the " Sydney Marine Assurance Company " and by that name shall and may sue and implead any person whether a member of the Company or not and may be sued and impleaded by any such person in all Courts whatsoever at law or in equity and may prefer lay and prosecute any indictment infor- mation or prosecution against any person whomsoever whether a share- holder or not for any stealing embezzlement fraud forgery crime or ofEence and in all indictments informations and prosecutions it shall be lawful to state the money and goods effects bills notes securities or other property of whatsoever nature (the subject of such proceedings) to be the money goods effects bills notes securities or other property of the Company and to designate the Company 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 Com- pany shall have prepetual succession with a common seal which may Be altered varied and changed from time to time at the pleasure of the Company. Deed of settle- 3. The several laws rules regulations clauses and agreements con- ment confirmed, tained in the deed of settlement or to be made in pursuance of the provisions for that purpose therein contained are and shall be the by- laws for the time being of the Company 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 with or repugnant to any of the provisions of this Act or of any of the laws or statutes in force in the said Colony subject nevertheless to be and the same may be amended altered or repealed either wholly or in part in the , manner provided by the deed of settlement but no rule or by-law shall on any account or jiretcnce whatsoever be made by the Company either under or by virtue of the deed of settlement or of this Act in opposition to the general scope or true intent and meaning of the deed of settlement or of this Act or of any of the laws or statutes in force in the said Colony. SYDNEY MAEINE ASSFEANCE COMPANY. 1069 4. The production of a written or printed copy of the deed of settle- 29 Victoria. ment or of any by-laws to be made in pursuance thereof or in pur- Evidence of by- suance of this Act having the common seal of the Company affixed there- '''™' to shall be sufficient evidence in every Court of civil or criminal juris- diction of such deed of settlement or of such by-laws. 5. It shall be lawful for the Company subject to the restrictions General business and provisions herein contained to carry on the business of efEecting °' '>"= Company, assurances against the risks of loss or damage whether at sea in harbours or navigable rivers to ships vessels or other craft or goods on board ships vessels or other craft or in course of transit overland or of conveyance in any lighter boat or other craft or any dray or other vehicle to or from any ship vessel or other craft also to goods by fire or flood in sheds stores or elsewhere while waiting shipment or tran- shipment also against loss of freight or all or any of such risks or of any other maritime risks whatsoever and generally to carry on as prin- cipal or agent any business in connection with maritime assurance allowed by law in any part of the world with full power in the matters aforesaid to enter into treaty act or unite with amalgamate with buy up or absorb any other Marine Insurance Company office or body or any other Company for the time being carrying on business similar to that for the time being carried on or determined to be carried on by the Company and to carry on and conduct any other business which may be determined upon in pursuance of the powers for that purpose in the deed of settlement contained. 6. The shares in the capital property and profits of the Company siiares to be shall be personal estate and transmissible as such subject to the p'=''^°"^' estate, restrictions for that purpose contained in the deed of settlement and shall not be of the nature of real estate. 7. Subject to the restrictions for this purpose in the deed of settle- Transfer of ment contained every shareholder may sell or transfer all or any f^J^^ to e y of his shares in the capital of the Company (but not a fractional part of a share) and every such transfer shall be by deed and according to a form to be approved of by the directors. 8. Upon the assignee of any insolvent shareholder or the trus- The assignee or tees of any estate assigned for the benefit of creditors electing to insoivent°or'as^ accept the shares of any insolvent shareholder or of any such assigned signed estate to estate such assignee or trustees shall forthwith nominate some other peSon'to be™° person or persons to become a proprietor or proprietors in respect of oome proprietor, such shares such nominee or nominees to be subject to the approval of the directors but in no case shall such assignee or trustees be them- selves entitled to become shareholders in respect of the shares of any insolvent shareholder or of any estate assigned for the benefit of creditors. 9. The Company shall not be bound to notice or see to the company not execution of any trust or equitable interest or claim whether express tmsts. ° '^^^^ implied or constructive to which any share may be subject and the receipt of the party in whose name any such share shall stand in the books of the Company or if it stands in the name of more parties than one the receipt of the one of the parties recognizable as a share- holder under the provisions of the deed of settlement shall from time to time be a sufficient discharge to the Company for any dividend or other sum of money payable in respect of such share notwithstanding any trust or equitable interest or claim to which such share may then be subject and whether or not the Company have had notice of such 1070 SYDNEY MARINE ASSUEANCE COMPANY. Declaration in action for calls. Matter to be proved in action for calls. 29 Victoria, trust or equitable interest or claim and tlie Company sliall not be bound to see to the application of tbe money paid upon such receipt and every share shall be subject to the engagements and liabilities to which under the provisions of the deed of settlement the same is rendered liable irrespective and to the exclusion of any such trust equitable interest or claim. 10. In any action or suit to be brought by the Company against any shareholder to recover the money due for any call made by virtue of this Act or of the deed of settlement it shall not be necessary to set forth the special matter but it shall be sufficient for the Company to declare that the defendant is the holder of one share or more in the capital of the Company (stating the number of shares) and is indebted to the Company in the sum to which the calls in arrear shall amount in respect of one call or more upon one share or more (stating the number and amount of each of such calls) whereby an action hath accrued to the Company. 11. On the trial or hearing of such action or suit it shall be sufficient to prove that the defendant at the time of making such call was a holder of one share or more in the capital of the Com- pany and that such call was in fact made and such notice thereof given as is provided for that purpose in the deed of settlement and it shall not be necessary to prove the appointment of the directors who made such call or any other matter whatsoever and thereupon the Company shall be entitled to recover what shall be due upon such call with interest thereon. 12. No dividend shall in any case be declared or paid out of the subscribed capital for the time being of the Company. 13. It shall be lawful for the Company notwithstanding any statute or law to the contrary to purchase take hold and enjoy to them and their successors for any estate term of years or interest any houses offices buildings or lands necessary or expedient for the purpose of managing conducting and carrying on the affairs concerns and business of the Company also to build suitable offices on land purchased for that purpose and also to take and to hold until the same can be advan- tageously disposed of for the purpose of reimbursement only any lands or property which may be taken by the Company in satisfaction liquidation or discharge of any debt due to the Company or in security for any debt or liability and that whether the same shall be subject to any existing lien mortgage or charge in favour of the Company or not and to sell enfeoff release convey demise- assign exchange or otherwise dispose of all or any such houses offices buildings lands and property as occasion may require. 14. It shall and may be lawful for every person who is or shall be otherwise competent to grant sell alien release convey assign assure demise and dispose of unto and to the use of the Company and their successors for the purposes aforesaid or any of them any such houses offices lands or property. 15. All the lands securities bonds covenants debts money choses in action and things at present vested in the trustees of the Company or any other person on behalf of the Company shall immediately after the passing of this Act become vested in the Company for the same estate and interest and with the like powers and authorities as the same are now vested in the said trustees or other person without any assignment or conveyance whatsoever. Dividend not to be paid out of subscribed capital. Company may hold lands &c. Conveyance to corporation. Property at pre- sent in trustees to become vested in Corporation. SYDNEY MAEINE ASSTJEANCE COMPANY. 1071 16. It stall be lawful for the Company to increase its capital hj tlie 29 Victoeia. issue of new shares in the mode prescribed by and in accordance with increase of the provisions of the deed of settlement. capital. 17. It shall be lawful for the Company from time to time as the Power to bor- directors shall see fit to procure such advances and borrow and other- '°^' wise obtain such moneys for the benefit and purposes of the Company upon the security of the funds and capital thereof and at such rate of interest as the directors may think advisable and for the purposes aforesaid the Company shall have full power to establish cash credits execute cash credit bonds and to discount or otherwise negotiate pro- missory-notes bills of exchange drafts or orders and the powers hereby conferred shall in no way restrict the power conferred by the deed of settlement on the manager and any one director to sign draw indorse and accept bills of exchange promissory-notes and other negotiable instruments and in the exercise of any of the powers aforesaid it shall not be obligatory on the person or persons treating or dealing with the Company to see to the application of the moneys advanced or paid to the Company or the object or purpose with or for which such powers were exercised. 18. Nothing in this Act contained shall be construed to prejudice Act not to pre- any caU made or any contract entered into by or with the Company or Jr^t abeady °' any person on behalf of the Company before this Act shall have come entered into, into operation but the same call or contract shall be as valid to all intents and purposes as if this Act had not been passed and may be enforced in like manner as if the Company had been incorporated before such call was made or such contract was entered into. 19. The production of the shareholders' register book to be kept in Shareholders' accordance with the provisions of the deed of settlement shall be ad- bePe\idence.'' *° mitted in all Courts of civil and criminal jurisdiction a,s prima facie evidence of the person named therein as a shareholder being such share- holder and of the number of his shares and every shareholder or other person having a judgment at law or a decree in equity against the Company may at all convenient times peruse the shareholders' register book gratis and may require a copy thereof or of any part thereof and for every one hundred words so rfequired to be copied the Company may demand a sum not exceeding one shilling and a printed list of the shareholders shall be prepared in the month of October in each year and kept exposed in the ofB.ce of the Company in Sydney until the month of October following when the new and revised list shall be substituted therefor. 20. If any execution either at law or in equity shall have been Execution issued against the property or effects of the Company and if there hoidMs.**"^^ cannot be found sufficient whereon to levy such execution then such execution may be issued against any of the shareholders for the time being or any former shareholder of the Company Provided always that no such execution shall issue against any such shareholder or former 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 in writing to the person sought to be charged and upon such motion such Court may order execution to issue accordingly Provided further that in the case of execution against any former shareholder it shall be shown that such former shareholder was a shareholder of the Company at 1072 SYDNEY MAEINE ASSUEANCE COMPANY. E«inibursement3 of shareholders. Execution against share- holders for contributions. 29 Victoria, the time when any contract or engagement was entered into for breact of which contract or engagement such execution shall have issued or become a shareholder during the time such contract or engagement was unexecuted or unsatisfied or was a shareholder at the time the judgment or decree was obtained upon which judgment or decree such execution shall have issued Provided also that in no case shall such execution be issued against the person property or effects of any former shareholder after the expiration of two years after the person sought to be charged shall have ceased to be a shareholder of the Company. 21. Every person against whom or against whose property or effects execution upon any judgment decree or order obtained as aforesaid shall have been issued as aforesaid shall be entitled to recover against the Company all losses damages costs and charges which such person may have incurred by reason of such execution and after due diligence used to obtain satisfaction thereof against the property and effects of the Company such person shall be entitled to contribution for so much of such losses damages costs and charges as shall remain unsatisfied from the several other persons against whom execution upon such judgment or decree obtained against the Company might also have been issued under the provision in that behalf aforesaid and such contribu- tion may be recovered from such persons as aforesaid in like manner as contribution in ordinary cases of co-partnership. 22. In the cases provided by this Act for execution on any judgment decree or order in any action or suit against the Company to be issued against the person or against the property and effects of any share- holder or former shareholder of the Company or against the property and effects of the Company at the suit of any shareholder or former shareholder in satisfaction of any money damages costs and expenses paid or incurred by him as aforesaid in any action or suit against the Company such execution may be issued by leave of the Court or of a Judge of the Court in which such judgment decree or order shall have been obtained upon motion or summons for a rule to show cause or other motion or summons consistent with the practice of the Court without any suggestion or scire facias in that behalf and it shall be lawful for such Court or Judge to make absolute or dis- charge such rule or allow or dismiss such motion (as the case may be) and to direct the costs of the application to be paid by either party or to make such other orders herein as to such Court or Judge shall seem fit and in such cases such form of writs of execution shall be sued out of the Courts of law and equity respectively for giving effect to the provisions in that behalf aforesaid as the Judges of such Courts re- spectively shall from time to time think fit to order and the execution of such writs shall be enforced in like manner as writs of execution are now enforced Provided that any order made by a Judge as aforesaid may be discharged or varied by the Court on application made thereto by either party dissatisfied with such order Provided also that no such motion shall be made nor summons granted for the purpose of charging any shareholder or former shareholder until ten days' notice thereof shall have been given to the person sought to be charged thereby. 23. In all cases in which by any Act of Parliament or by any rule or order of the Supreme Court or any other Court now or hereafter to bo in force in this Colony the plaintiff or defendant in any action suit Manager to do certain acts. SYDNEY MEAT-PEESEEYING COMPANY. 1073 jr otter proceeding or any creditor of an insolvent estate or any per- 29 Victoria. 3on being a party to or interested in any process or proceeding what- soever is or shall be authorized empowered or required to make any affidavit or to sign or present any petition or to do any other act it shall be lawful and competent for the manager or other oilicer or agent Df the Company (where such Company shall be such plaintiff defendant 3r creditor or be a party to or otherwise interested in any process or proceeding whatsoever as aforesaid) for and on behalf of the Company :o make any such affidavit sign or present any such petition or do any 3uch other Act as aforesaid And all the powers in the deed of settlement or by this Act conferred on the manager of the Company shall be exercisable by the acting manager for the time being of the Company. 24. The directors for the time being shall have the custody of the Custody and use common seal of the Company and the form thereof and all other matters ° '^°'^i'°'^* relating thereto shall from time to time be determined by the directors in the same manner as is provided by the deed of settlement for the determination of other matters by the directors and the directors pre- sent at a board of directors of the Company shall have power to use guch common seal for the affairs and concerns of the Company and to authorize and depute the manager or any one of their body to use or affix the same (provided the affixing of such seal be evidenced by the signature opposite thereto of at least one director) and under such seal to authorize and empower any person without such seal to execute any deeds or policies and do all or any such other matters and things as maybe required to be executed and done on behalf of the Companyin con- formity with the provisions of the deed of settlement and of this Act but it shall not be necessary to use the common seal for the appoint- ment of an attorney or solicitor for the prosecution or defence of any action suit or proceeding for the execution of any policy of assurance or slip or receipt for the same (which latter instruments may be executed in conformity with the provisions in that behalf in the deed of settle- ment contained) or for or in respect of any other of the ordinary busi- ness and objects of the Company. 25. In citing this Act in other Acts of Parliament and in legal in- short title of Act; struments or otherwise it shall be sufficient to use the expression the " Sydney Marine Assurance Company's Incorporation Act 1866." SYDNEY MEAT-PEESEEYING COMPANY (LIMITED) INCOEPOEATION. An Act to incorporate the Proprietors of a certain Com- 34 victoma. pany called the " Sydney Meat-preserving Company (Limited) " and for other purposes therein men- tioned. [17 June, 1871.] WHEEEAS a Joint Stock Company called the Sydney Meat- Preamble. preserving Company (Limited) 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 indenture or deed of settlement bearing date the tenth June eighteen hundred and seventy purporting to be a deed of settlement of the said Company 3t 1074 SYDNEY MEAT-PEESEEVESra COMPAlSrY. 34 ViCTOEiA. And -whereas by tlie said indenture or deed of settlement the several parties thereto have respectively and mutually covenanted and agreed to be and continue (until dissolved under the provisions in that behalf therein contained) as a joint stock Company or partnership under the name^ style and title of the Sydney Meat-preserving Company (Limited) for the purpose of carrying on the business of preparing and preserving meat and vegetables of every description or kind in the Australian Colonies as in the said deed of settlement is provided and also of purchasing and importing the necessary materials for the pre- paring and preserving the same and also of selling disposing of and exporting such meat and vegetables when so prepared and preserved and to hire build and purchase suitable premises and to erect the neces- sary machinery for the carrying on of all such operations and works and from time to time to hire and employ all necessary agents clerks officers workmen servants and apprentices And whereas it was by the said indenture or deed of settlement further agreed that the capital should consist of twenty-five thousand pounds to be contributed in five thousand shares of five pounds each and of such further sum as a majority of the shareholders for the time being shall at a special general meeting called for that purpose determine to be raised by the creation and allotment or sale of new shares of the like amount as therein pro- vided And whereas by the said indenture or deed of settlement pro- vision has been made for the payment of dividends and for the disposal and application of the profits and also for the due management of the afiairs of the said Company And whereas the said Company is desi- rous of being incorporated and it is expedient that the said Company should be incorporated accordingly but subject to the provisions here- inafter contained Be it therefore enacted by the Queen's Most Excel- lent 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 : — Company incor- 1. The persons who have already become or at any time hereafter porated. shall Or may in the manner provided by and subject to the rules regu- lations and provisions contained in the said indenture or deed of settle- ment become proprietors of or in the capital for the time being of the said Company shall for the purposes aforesaid but subject nevertheless to the conditions restrictions regulations and provisions hereinafter contained be one body politic and corporate in name and in deed by the name of the Sydney Meat-preserving Company (Limited) and by that name shall and may sue any person or persons body or bodies politic or corporate whether a member or members of the said corpo- ration or not and may be sued implead and be impleaded in all Courts whatsoever at law and in equity and may prefer lay and prosecute any indictment information and prosecution against any person or persons whomsoever for any stealing embezzlement fraud forgery crime or offence and in all indictments informations and prosecutions it shall be lawful to state the money and goods effects bills notes securities or other property of the said Company to be the money goods effects bills notes securities or other property of the said corporation and to desig- nate the said Company or co-partnership by its corporate name when- ever for the purpose of any allegation of an intent to defraud or other- wise however such designation shall be necessary and the said corpo- ration shall have perpetual succession with a common seal which may be altered varied and changed from time to time at the pleasure of the said corporation. SYDNEY MEAT-PEESEETING COMPANY, 1075 2. The several laws rules regulations clauses and agreements eon- 34 Victoria. tained in the said indenture or deed of settlement or to be made under conflmation o£ or by virtue or in pursuance thereof are and shall be deemed and con- ^^^^ *"• sidered to be 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 incompatible with or repugnant to any of the provisions of this Act or of any of the laws or statutes now or hereafter to be in force in the said Colony subject nevertheless to be and the same may be amended altered or repealed either wholly or in part in the manner provided in and by the said indenture or deed of settlement but no rule or by-law shall on any account or pretence whatsoever be made by the said cor- poration either under or by virtue of the said indenture or deed of settlement or by this Act in opposition to the general scope or true intent and meaning of the said indenture or deed of settlement or of this Act or of any of the laws or statutes in force for the time being in the said Colony. 3. The production of a written or printed copy of the said deed of Evidence of by- ■ settlement or of any rules by-laws or regulations to be made in pursu- ■'*'"^' ance thereof or in pursuance of this Act having the common seal of the Company affixed thereto shall be sufficient evidence in every Court of civil or criminal jurisjiiction of such deed of settlement and of all the contents and provisions thereof and of the rules by-laws and regula- tions of the said Company for the time being at the date or time at which the said seal purports to have been affixed and the provisions rules by-laws and regulations contained in such printed copy shall be taken and held in any and every Court in which the same shall be produced to be the then continuing and existing and unaltered and un- varied rules by-laws and regulations unless the contrary shall be proved. 4. It shall be lawful for the said corporation from time to time to increase of extend or increase their capital for the time being by the creation <==■?'**'• allotment and disposal of new shares in the manner specified and set forth and subject to the rules regulations and provisions contained in the hereinbefore in part recited indenture or deed of settlement but so nevertheless that the total amount of all the new shares to be so from time to time created shall not together with the original capital exceed fifty thousand pounds. 5. It shall be lawful for the directors from time to time as they shall Power to borrow see fit in the manner specified in the said deed of settlement to make ™™''y- accept and endorse such promissory-notes or bills of exchange on behalf of the Company for any purposes connected with the affairs and business of the Company and the making accepting and indorsing of any such promissory-notes or bills of exchange by the chairman of the Company or other person authorized in that behalf by the directors for and on behalf of the Company shall be binding against every share- holder and it shaU. be also lawful for the directors on behalf of the Company to procure advances and to borrow money and to pay off and discharge such advances in the manner for the purposes and subject to the restrictions specified in the said deed of settlement. 6. The capital or joint stock for the time being and all the funds and capital and property of the said corporation and the several shares therein and shares to be the profits and advantages to be derived therefrom shall be and be deemed personal estate and be transmissible accordingly subject to the jegulations of the said indenture or deed of settlement. 1076 SYDNEY MEAT-PEESERVING COMPANY. 34 ViCTOEIA. Power to take and hold lands &e. Power to other 7. It sliall be lawful for the said corporation notwithetanding any statute or law to the contrary and notwithstanding any clause or pro- visions herein contained to purchase take hold and enjoy to them and their successors for any estate term of years or interest any houses offices buildings lands and other hereditaments necessary or proper for the purpose of managing conducting and carrying on the affairs con- cerns and business of the said corporation and also to take hold and enjoy all houses offices buildings lands and other hereditaments held by the said Company before the passing of this Act and also to take and to hold until the same can be advantageouslydisposedofforthe pur- pose of reimbursement only and not for profit any lands houses and other real estate which may be so taken by the said corporation in satisfaction liquidation or discharge of any debt due to the corporation or in security for any debt or liability hottafide incurred or come under previously and not in anticipation or expectation of such security but not for any other purposes and to sell convey assign assure and dispose of such houses offices buildings lands hereditaments and other real estate as occasion may require. ersons to con- ^' "'"* shall and may be lawful to and for all and every person or vey^to Company persons bodies politic or corporate who are or shall be otherwise com- ^- petent to grant sell alien and convey assure and dispose of unto and to the use of the said corporation and their successors for the purposes aforesaid or any of them any such houses offices lands hereditaments and other real estate whatsoever as aforesaid accordingly. 9. All the land goods chattels securities covenants debts moneys choses in action property and things at present vested in the trustees of the Company or any person on behalf of the Company shall imme- diately after the passing of this Act become vested in the Company for the same estate and interest and with the like powers and authori- ties as the same are now vested in the said trustees or other persons without any assignment or conveyance whatever. 10. Nothing herein contained shall prejudice or be deemed to pre- judice any instalment due contract or other act deed matter or thing entered into made or done by the said Company under or by virtue of the said deed of settlement before this Act shall come into operation but the same instalment call contract act deed matter or thing shall be as valid and effectual to all intents and purposes as if this Act had not been passed and may be put in force in like manner as if the said Company had been incorporated before the same instalment call con- tract act deed matter or thing had been made entered into or done. Limited liability. 11. In the event of the assets of the corporation being insufficient to meet its engagements then in that case the shareholders respectively shall be responsible to the amount unpaid of their subscribed shares only. Coi-poration not 12. The corporation shall not be bound in any manner by any trusts bound by trusts, qj. equitable interests or demands affecting any share or shares of the capital standing in the name of any person or persons as the ostensible proprietor thereof or be required to take any notice of such trusts or equitable interests or demands but the receipt of the person or persons in whose name or names 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 corporation for or in respect of any dividend Property at present in trus- tees to become vested in corpo- ration. Contracts &c. before Act. SYDNEY MEAT-PEESEEVING- COMPANY. 1077 or other money payable by tbe said corporation in respect of sucb 34 Victoeia. stares and a transfer of tbe said shares by the person or persons in whose name or names such shares shall so stand shall notwithstanding as aforesaid be binding and conclusive so far as may concern the said corporation against all persons claiming by virtue of such trust or equitable interest or demands Provided always that nothing herein 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 corporation in respect of any such shares or the transfer thereafter of any such shares or to direct the payment of such dividends or other money by the cor- poration or the transfer of such shares by the person or persons in whose name or names they may stand to such other person or persons as such Court may think fit. 13. No dividend or bonus shall in any case be declared or paid out Dividends not to of the subscribed capital for the time being of the said corporation or ^j JSS^ ""* otherwise than out of the net gains and profits of the business. 14. In actions or suits to be brought by the said corporation against Actions or suits any proprietor or proprietors of any share or shares in the capital of ^°' '^^^^' the said corporation to recover any sum or sums of money due and payable to the said corporation for or by reason of any instalment or instalments call or calls made by virtue of this Act or of said inden- ture or deed of settlement it shall be sufficient for the said corporation to declare and allege that the defendant or defendants being a pro- prietor or proprietors of such or so many share or shares in the capital of the said corporation is or are indebted to the said corporation in such sum or sums of money as the instalment or instalments call or calls in arrear shall amount to such and so many instalment or instal- ments call or calls of such or so many sum or sums of money upon such or so many share or shares belonging to the said defendants as the case may be whereby an action hath accrued to the said corporation without setting forth any special matter and on the trial of such action or suit it shall not be necessary to prove how or in what manner such instalment or instalments call or calls became or were made payable or any other matter except that the defendant or defendants was or were a holder or proprietor or holders or proprietors of one or more share or shares in the capital of the said corporation and that such instalment or instalments call or calls was or were in fact due and that the time fixed for the payment thereof was given as is directed by the said indenture or deed of settlement and the said corporation shall be entitled to recover what shall appear due. 15. The production of the shareholders register book shall be shareholders admitted in all Courts of civil and criminal jurisdiction as priiiid facie be^cvWenc? '° evidence of the persons named therein as shareholders being such shareholders and of the number of their shares and every shareholder or other person having a judgment at law or a decree in equity against the Company may at all convenient times peruse the shareholders register book gratis and may require a copy thereof or any part thereof and for every one hundred words so required to be copied the Company may demand a sum not exceeding one shilling. 16. The directors for the time being shall have the custody of the Custody and use common seal of the said Company and the form thereof and all other °eai.°'^"''*^ matters relating thereto shall from time to time be determined by a 1078 SYDNEY MECHANICS SCHOOL OE AETS. 34 VicTOKiA board of directors of the said Company in the same manner as is provided in and by the said indenture or deed of settlement for the determination of other matters by the board of directors of the said Company 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 authorize and empower any person without such seal to execute any deeds and do all or any such other matters and things as may be required to be executed and done on behalf of the Company and in conformity with the provisions of the said deed of settlement and of this Act And it shall not be necessary to use the corporate seal in respect of any of the ordinary business of the Company or for the appointment of an attorney or solicitor for the prosecution or defence of any action suit or proceeding. 17. In citing this Act in any proceedings or for any purpose it shall be sufficient to use the expression the " Sydney Meat-preserving Com- pany (Limited) Incorporation Act 1871" And in eveij document issued by the Company the word (limited) shall be inserted as part of the designation of the Company. Short title. Preamble. SYDNEY MECHANICS SCHOOL OE ARTS INCORPORATION. 37 TicioEiA. j^j^ jt^Q^ ^Q incorporate the Sydney Meclianics School of Arts and for other purposes therein mentioned. [4 May, 1874.] WHEREAS a certain literary society or institute was established in Sydney in the year one thousand eight hundred and thirty- three under the name or style of the Sydney Mechanics School of Arts the objects of the said institution being the intellectual improve- ment of its members and the cultivation of literature science and art And whereas by three Acts of the Legislature of this Colony passed respectively in the sixteenth nineteenth and twenty- second years of the reign of Her present Majesty certain land and buildings were vested in the president senior vice-president and treasurer for the time being of the said institution to hold the same in trust for the purpose of the said institution and subject to the rules and regulations thereof and with power to mortgage or sell the same And whereas it is expedient to incorporate the members of the said institution and to vest the real and personal property held in trust for or belonging to the said insti- tution in the corporation to be created by this Act and also to confer on such corporation certain corporate powers and otherwise to regulate the said institution 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. This Act may be cited for all purposes as the " Sydney Mechanics School of Arts Incorporation Act of 1874." 2. The Acts enumerated in the Schedule hereto sliall be and the same are hereby repealed but such repeal shall not affect the past Short title of Act. Repeal of Acts. SYDNEY MECHANICS SCHOOL OF AETS. 1079 operation of any enactment in any of the said Acts contained or 37 Victoria. any proceeding act matter or thing instituted done or commenced thereunder. 3. All persons who have already become or who may hereafter incorporation become members of the Sydney Mechanics School of Arts (hereinafter ot sycSey" termed the institution) shall be and they are hereby constituted a J'l''''^"'S^^ body corporate by the name of the Sydney Mechanics School of Arts and by that name shall have perpetual succession and a common seal and may su^ and be sued implead and be impleaded answer and be answered proceed and be proceeded against in all Courts whatsoever. 4. All real and personal property of what nature or kind soever Transfer ot real vested in or held by any person or persons whether as trustees or prop^rtyTo' otherwise in trust for the said institution shall on the passing of this corporation. Act be and the same is hereby transferred to and vested in the said body corporate. 5. The said body corporate are hereby empowered to take purchase Power to hold hold and enjoy to them and their successors for ever all the said real proper^.™*** and personal property hereby transferred to and vested in them and also may take purchase hold enjoy and receive any other real or chattel property whatsoever necessary or proper for the purpose of the insti- tution and may sell grant convey assure demise or otherwise dispose of either absolutely or by way of mortgage any such real or personal property hereby vested in or hereafter to be acquired by such body corporate Provided always that no sale mortgage demise encum- brance or other disposition whatsoever of any such real or personal property shall be lawful unless the same shall have been previously sanctioned by resolution of a general or special meeting of the members of the institution. 6. The management and control of the institution shall be entrusted Management of to a committee to be elected as hereinafter provided and such com- "mmlttee.'''' mittee shall consist of a president four vice-presidents a treasurer and twelve committee-men. 7. The said committee shall have jjower to make repeal amend or Power of com- alter by-laws for the general regulation of the affairs of the institution ™'*'^^- and the good conduct thereof and shall also have power to fine suspend or expel any member thereof subject to such member's right to appeal to a general meeting to receive expend and manage the funds of the institution to let any room or part of the said institution for any period not exceeding six months to regulate the admission of persons not being members thereof to engage and dismiss the paid o£S.cers to dispose of by public auction or private contract any of the old damaged or worn out books papers apparatus or other effects belonging to the said body corporate to initiate conduct and defend all legal proceedings and to transact generally all the business of the institution. 8 The said committee shall have the custody and use of the common custody and use seal of the said body corporate and the form thereof and all other °"='"-P°'*'*=^^i- matters relating thereto shall from time to time be determined by the said committee and a majority of the members thereof present at any meeting shall have power to use or direct the use of such seal for all purposes whatsoever requiring to be evidenced by the corporate seal of the said body corporate Provided always that it shall not be necessary to require such seal to be aiExed as evidence of the appoint- ment of an attorney or solicitor by the said body corporate in or for the prosecution of any action suit or other proceeding. 1080 SYDNEY MECHANICS SCHOOL OE ARTS. 37 VicTOKiA. 9. The rules and by-laws of the institution in force at the time o£ Existing by-iawa the passing of this Act are hereby confirmed and shall except so far confirmed. g^g repealed altered or amended in pursuance of the provisions of this Act be and continue binding on the members of the institution and all other persons as fully and effectually as if the same had been made under this Act and a printed, copy of such by-laws or of any by-laws Evidence oi made Under the authority of this Act sealed with the seal of the said •by-laws. body Corporate and purporting to be certified by the secretary of the institution for the time being as correct shall be received in all Courts as conclusive evidence of such by-laws and of the same having been duly made under the authority of this Act. Auditors. 10. There shall be three auditors of the institution to be elected at each annual meeting. QuaJfflration of u. All members of the institution of at least six months standing committee and who shall not be subject to the disqualification mentioned in the next auditors. section shall be eligible as members of the committee and auditors. Disquaiifloation. 12. Any person deriving pecuniary advantages or emolument from the institution or contracting or agreeing therewith for the supply of any goods material or work thereto shall be disqualified from holding office or acting as a member of the committee or as an auditor whilst so deriving such advantage or emolument or contracting or agreeing as aforesaid. Election how 13 rp-j^g election of the committee of management and auditors shall be by ballot and shall be conducted in the following manner : — An alphabetical roll of all the members eligible for election (distinguishing those in office) shall be prepared by the secre- tary and placed in the reading-room or vestibule of the insti- tution at least fourteen days prior to the annual meeting. Any member may nominate any other member whose name is entered on such roll as a candidate for election by giving notice thereof in writing to the secretary at least seven days prior to the annual meeting and only those members whose names appear on such roll shall be entitled to vote at any such election. The secretary shall prepare a list setting forth the names of can- didates and their proposers together with the offices for which they are nominated and such list when complete shall be exposed in the vestibule and the names of the candidates shall also be advertised on the day of the ballot in two Sydney newspapers. The ballot shall take place on the day of the annual meeting under the direction of the committee and shall commence at four p.m. and close at eight p.m. At the annual meeting three scrutineers not being candidates for election shall be chosen from the members present and shall report the result of the voting to the chairman of such meeting who shall in the event of any equality of votes have a casting vote and in the event of such chairman being one of the persons for whom an equal number of votes has been recorded then the meeting shall elect a chairman for the purpose only of receiving such report and giving if necessary a casting vote and such report shall be preserved among the records of the institution until the next annual meeting The result of the election shall be announced at the annual meeting or at an adjournment thereof. SYDNEY MECHANICS SCHOOL OE AETS. 1081 14. In the event of there not being sufficient nominations in 37 Victoria, accordance with the last rule the committee shall prior to the annual insufficient meeting supply the omissions and if there be only suf&cieut candidates iomina.tion3. for any office no ballot will be held with respect to such office. 15. In the event of any vacancy occurring during the year in the Vacancies how offices of president vice-president treasurer or auditors the same may *° ^^^ '° ' be filled up by the committee from amongst their number until the next annual meeting Other vacancies in the committee shall be filled up by them for the like period from the scrutineers' report in the order of majority of votes recorded. 16. The committee shall meet at least once in every month for the Monthly transaction of business Eive members shall form a quorum and the ""'^ "'^' chairman shall be entitled to a casting vote only. 17. It shall be competent for the president for two vice-presidents Special meetings or for any three members of committee to call a special meeting of the committee provided twenty-four hours previous notice of such meeting be given by the secretary to every member of the committee. 18. If any member of the committee shall resign or absent himself °Se m" ''b™' from the meetings thereof for three consecutive months without suffi- forfeited. cient cause in the opinion of the committee or become otherwise disqualified under the twelfth section of this Act his seat shall be declared vacant at the nest meeting of the committee. 19. A general meeting of the members of the institution of which Annual meeting, seven days notice shall be given by advertisement in two daily papers shall be held annually on the first Tuesday in February commencing at eight p.m. for the transaction of the general business of the insti- tution and at such meeting the report of the preceding year shall be presented for adoption. 20. A special general meeting of the said members may at any time Special general be called by a majority of the committee or by fifty members of the ™<=*''°?- institution on a requisition in writing to the secretary signed by them and notice of such meeting stating its objects shall be published in two daily newspapers in Sydney at least ten days prior to the day of meeting. 21. No motion for winding up the institution or for repealing Matters to he altering adding to or amending any of its rules or for any other pur- melt'in^.''^ ^' pose except motions of course shall be proposed at any general meeting unless seven days previous notice thereof in writing be given to the secretary and a duplicate of such notice be at the same time posted in the vestibule of the institution. 22. At every general meeting the president or in his absence one Chairman. of the vice-presidents shall preside and in the absence of the jDresident and all the vice-presidents the chairman shall be elected from the members of committee present. 23. At every general meeting the voting unless otherwise provided voting, by the by-laws shall be by show of hands in the first instance but it shall be competent for the chairman or any six members to demand a division. 1082 37 ViCTOEIA. 16 Vie. 19 Vic. 22 Vic. SYDNEY TOWN HALL SITE. SCHEDULE. Repeal of Acts. Title. An Act to enable the President Senior Vice-President and Treasurer of the Sydney Mechanics School of Arts to sell '*'the land belonging to the said Institution in George-street South Sydney and to purchase other land and erect new buildings in connection with the objects of the said Society in a more convenient situation and for other pur- poses therein contained. An Act to amend an Act intituled An Act to enable the President Senior Vice-President and Treasurer of the Sydney Mechanics School of Arts to sell the land belong- ing to the said Institution in George-street South Sydney and to purchase other land and erect new buildings in connection with the objects of the said Society in a more convenient situation and for other purposes therein con- tained. An Act to amend two Acts passed respectively in the six- teenth and nineteenth years of Her Majesty concerning land and buildings of the Sydney Mechanics School of Arts. Preamble. SYDNEY TOWN HALL SITE EXCHANGE. 26 Victoria. An Act to enable tlie Municii^al Council of Sydney to substitute for their present site a more convenient site for a Town Hall. [9 December, 1862.] WHEREAS the lands described in the first Schedule hereto have been granted to the Municipal Council of Sydney and their successors as a site for a Town Hail for the use and convenience of the inhabitants of the city of Sydney for the time being and forno other pur- pose whatsoever And whereas the said lands are so situated as not to afford a suitable site for such purpose and the erection of a Town Hall thereon would not be for the convenience of the said inhabitants And whereas the said Council have no power to alienate the said land And whereas it is expedient that they should possess such power and the authority by sale or exchange of the said lands to obtain a more con- venient site and to erect thereon a Town Hall for the use and convenience of the said inhabitants Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legisla- tive Council and Legislative Assembly of New South "Wales in Par- liament assembled and by the authority of the same as follows : — 1. It shall be lawful for the Municipal Council of Sydney by public auction at such time as shall appear to them most advantageous to sell the lands described in the first Schedule hereto with their appurtenances in one lot or in several parcels not less in any case than twenty-six feet in width and eighty-six feet in depth for the best price that can be obtained for the same And the said Council shall at any such sale have power to buy in the same and sell the same again without being liable for any loss thereby occasioned and also power to make any special conditions or stipulations as to title or otherwise. Municipal Council may sell present site tor Town Hall by auction. SYDNEY TOWN HALL SITE. 1083 2. It shall be lawful for the said Council if deemed advisable instead 26 Victoeia. of selling the said lands or any part thereof in manner aforesaid to council may exchange the same for any other freehold land in Sydney with or with- gj'e'^^of geuinff out any building thereon suitable as a site for or as a Town Hall as aforesaid and to pay or receive as the case may be a just sum of money for equality of exchange Provided that any hereditaments so taken in exchange shall be applied to the purpose of a Town Hall as afore- said and to none other Provided also that it shall be lawful for the Crown or for any corporate body to exchange any freehold land belonging to them respectively for the land described as aforesaid or any part thereof. 3. Upon any and every such sale or exchange as aforesaid it shall he How land to be lawful for the said Council to convey and assure the said lands or any '^°"-'"'^^ ■ part thereof as the case may be to the purchaser or other person taking the same in exchange by a deed in or as near as may he to the form of the second Schedule or according to the note in the third Schedule hereto to be executed under the common seal of the Mayor Aldermen and citizens of the city of Sydney and every such deed shall exonerate the purchaser or other person as aforesaid from responsibility as to the application of his purchase money or any sum paid by him for equality of exchange and shall together with a certified copy of the grant from the Crown recited in the said first Schedule and the said Sydney Corporation Act of 1857 and this Act and without any other assurance in the law assure the land in the said deed described absolutely to such purchaser or other person his heirs and assigns or successors as the case may be for ever. 4. Every sum of money received by the Municipal Council whether Proceeds o£ sale as the proceeds of any such sale or for equality of exchange as afore- pu^^ strictly for said after paying thereout the costs charges and expenses of the ^ Town Hail, transaction shall be in the first instance applied to the procuring of a suitable site for a Town Hall as aforesaid by purchase of freehold land in Sydney if not already obtained by exchange and in the next place in or towards the erection of suitable buildings or of extending re- pairing and completing any buildings already erected on any land pur- chased or taken in exchange as and for a suitable Tovni Hall for the use and convenience of the inhabitants of the city of Sydney for the time being and to no other purpose whatsoever Provided that the surplus (if any) shall be carried to the account of the general revenues of the said Municipal Council and that the deficiency for completing the purposes aforesaid (if any) shall be supplied out of the said revenues. 5. This Act shall be styled and may be cited as the " Sydney Town Short title. Hall Act of 1862." EIEST SCHEDULE. All that piece or parcel of land in the territory of New South Wales coutainiug by admeasurement one acre three roods and thirty-nine perches be the same more or less situated in the city of Sydney parish of St. James and county of Cumberland Commencing at the south-east intersection of Bridge and Elizabeth- streets and bounded on the north by Bridge-street bearing easterly two chains and ninety-two and a half links to Phillip-street on the east by Phillip-street bearing southerly five chains and eighty-two links on the south by the segment of a circle (to which Phillip Bent and Elizabeth streets are tangents) to Elizabeth-street and On the west by Elizabeth-street bearing northerly five chains and nine links to the point of commencement which lands are described in a certain deed-poll or grant 1084. SYDNEY UNITED OMNIBUS COMPANY. 26 ViCTOEIA. from the Crown bearing date the thirteenth day of September one thousand eight hundred and fifty-one made and issued in favour of the then Mayor Aldermen and Councillors of the city of Sydney and their successors under the hand of the then Governor of the territory of New South Wales Sir Charles Augustus Fitz Roy and sealed with the seal of the said territory. SECOND SCHEDULE. This indenture made the day of one thousand eight hundred and sixty- between the Municipal Council of Sydney in the Colony of New South Wales of the one part and of of the other part witnesseth that the said Council in consideration of the sum of sterling paid to them which they hereby acknowledge sell and enfeoff to the said his [or her] heirs and assigns [or their successors as the case may 6e] for ever all that parcel of land described in the Schedule hereunder written. Witness — SCIIKDULE. A.B. Town Clerk. THIED SCHEDULE. Note. — In the case of an exchange it must be by mutual deeds — if executed by the Council being as nearly as possible in the form of the second Schedule. SYDNEY UNITED OMNIBUS COMPANY'S INCOEPORATION. 36 Victoria. J^ji Act to incorporate the Sydney United Omnibus Company (Limited) and for other purposes therein mentioned. [9 August, 1872.] Preamble. "TTTHEEEAS a Joint Stock Company called the Sydney United W Omnibus Company (Limited) has lately been established in Sydney in the Colony of New South Wales in accordance with and subject to the rules regulations and provisions contained in a certain deed of settlement bearing date the fifteenth day of April one thou- sand eight hundred and seventy-two and purporting to be the deed of settlement of the said Company And whereas by the said deed of settlement the several parties thereto have respectively and mutually covenanted and agreed that they should whilst holding shares in the capital of the said Company become and continue until dissolved under the provisions in that behalf therein contained a joint stock Company under the name style and title of the Sydney United Omni- bus Company (Limited) for the purpose of establishing and main- taining a first-class service of omnibuses and such other vehicles as may be considered suitable for the carriage of passengers to and fro in and through the chief business thoroughfares in the city and suburbs of Sydney and generally for the conduct of all omnibus business on an enlarged and improved scale in the said city and suburbs within a distance of eight miles from the corporate boundaries of the said city And whereas it was by the said deed of settlement agreed that the capital of the said Company should (until increased under the provisions in the said deed of settlement contained) consist of thirty thousand pounds sterling to be contributed in thirty thousand SYDNEY UNITED OMNIBUS COMPANY. 108^ stares of one pound each and of which shares twenty-one thousand were 36 Victoria allotted as proprietors' shares to the persons and in the manner in the said deed specified and the remaining nine thousand were allotted to those shareholders who should execute the said deed And whereas by the said deed provision has been made for the due management of the affairs of the said Company by certain directors and auditors already appointed and by other directors and auditors to be from time to time elected and appointed as their successors by the shareholders of the said Company And whereas the said Company is desirous of being incorporated as a Company with limited liability 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 following words and terms within inverted commas shall interpretation o throughout this Act have the several meanings hereby assigned to them *°™^' unless such meanings should be respectively inconsistent with the con- text or subject matter (that is to say) — The word " Company " shall mean the Company incorporated by company, this Act. The word "directors" shall mean the board of directors of the Directors. Company duly appointed under the provisions of the deed of settlement of the Company. The word " shareholder " shall mean shareholder proprietor or shareholder, member of the Company. The term " deed of settlement " shall mean the deed of settle- Deed of settle- ment of the Company and any addition to alteration or "™'- amendment thereof which may be made in pursuance of the provisions of the said deed. 2. The persons who have already become or who at any time or incorporation c times hereafter shall (in manner provided by and subject to the rules Company, regulations and provisions contained in the said deed of settlement) become holders of shares of or in the capital for the time being of the Company and who shall have executed the said deed of settlement shall subject to the conditions regulations and provisions in this Act and in the said deed of settlement contained become and be a body politic and corporate with limited liability as hereinafter provided under the name style and title of the Sydney United Omnibus Com- pany (Limited) and by that name shall and may and take grant assurances (absolute or otherwise) demises or assignments of any lands hereditaments goods chattels and effects whatsoever And shall and may sue and implead and present or mate any petition or motion and institute carry on and conclude any proceeding at law or in equity and in any branch or jurisdiction of the Supreme Court and in any other Court whatsoever either now or hereafter to be established against any person whether a member of the Company or not and may be sued and impleaded by any person whether a member of the Com- pany or not in all Courts whatsoever at law or in equity and may pre- fer lay and prosecute any indictment information or prosecution against any person whomsoever whether a shareholder or not for any crime or offence whatsoever and in all indictments informations and prosecutions it shall be | lawful to state the money goods effects biUs 1086 SYDNEY UNITED OMNIBUS COMPANY. Confirmation of deed of settle- ment whereof the clauses are made by-laws for the time being of the Company, 36VICTOKIA. notes securities or otter property of whatsoever nature of the Com- pany relative to vpliioli sucli indictment information or prosecution is preferred laid or prosecuted to be the money goods effects bills notes securities or other property of the Company and generally to desig- nate the Company by its corporate name whenever for any purpose whatsoever such designation shall be necessary and expedient And the Company shall have perpetual succession and a common seal which may be altered varied or changed from time to time at the pleasure of the Company or of the directors thereof. 3. The several rules regulations covenants stipulations and agree- ments contained in the said deed of settlement or which may be made in pursuance of the provisions in that behalf therein contained are and shall be the by-laws for the time being of the Company except in so far as any of the same are or may be altered varied or repealed by or are or shall be inconsistent with or repugnant to any of the pro- visions of this Act or of any of the laws or statutes now or hereafter to be in force in the said Colony Provided nevertheless that such rules regulations covenants stipulations and agreements may be amended altered or repealed either wholly or in part in the manner provided by the said deed of settlement But no rule or by-laws shall on any account or pretence whatsoever be made by the Company 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 the said deed of settlement or of this Act or of any of the laws or statutes in force in the said Colony Provided always that no clause in the deed of settlement or any by-law made in pursuance of the said deed or of this Act shall be taken to affect any person who has not executed the said deed or to affect the cestui que trust of any share in the Company. 4. The production of a written or printed copy of the said deed of settlement or of any rules by-laws or regulations which may be made in pursuance thereof or in pursuance of this Act having the com- mon seal of the Company affixed thereto shall be sufficient evidence in every Court of civil or criminal jurisdiction of such deed of settle- ment or of such rules by-laws or regulations of the said Company for the time being And at the time of the affixing thereto of the said seal of the Company and the certificate of the manager for the time being of the time at which the said seal shall have been affixed to the said printed copy shall be evidence of the fact of the seal having been affixed at the date or time at which it purports to have been affix:ed And the provisions rules by-laws and regulations contained in such printed copy shall be taken and held in any and every Court in which the same shall be produced to be the then continuing existing and unaltered rules by-laws and regulations unless the contrary shall be proved. 5. It shall be lawful for the Company from time to time to extend or increase its capital for the time being by the creation and disposal of new shares in the manner and subject to the conditions specified in the said deed of settlement. Power to 6. It shall be la\vf ul for the Company to purchase take hold and howtods to. P^i°y *o tliem and their successors for any estate term of years or interest or under license any lands houses offices buildings or hereditaments as may be necessary or proper for the purpose of Evidence of by- laws. Increase of capital. SYDNEY UNITED OMNIBUS COMPANY. 1087 managing conducting and carrying on the business of tie Company 36 Viotoeia. and to sell mortgage convey assign assure demise or otherwise dispose of or act in respect of such lands houses offices buildings and hereditaments as occasion may require And no person purchas- ing or taking any assurance (absolute or otherwise) demise or assign- ment of any property real or personal from the Company shall be bound to inquire as to the necessity or advisability of any such assur- ance demise or assignment and the receipt of the manager for the time being of the said Company for any money paid on or with re- spect to any such assurance demise or assignment shall absolutely dis- charge the person taking the same from seeing to the application of any such money paid by him thereon or with respect to the same and from being in any way answerable or accountable for any non-applica- tion or misapplication thereof Provided that such person was not at the time of the giving of any such receipt a party to or cognizant of any such non-application or misapplication or contemplated or in- tended non-application or mis-application of any such money or any part thereof. 7. It shall be lawful for the directors from time to time as they Powerto borrow, shall see iit in the manner specified in the deed of settlement to make accept and indorse such promissory-notes or bills of exchange on behalf of the Company for any purposes connected with the affairs and business of the Company and the malting accepting and indorsing of any such promissory-notes or bills of exchange by the chairman of the Company and at least one other director authorized in that behalf by the directors for and on behalf of the Company shall be binding on the Company And it shall be also lawful for the directors on behalf of the Company to procure advances and to borrow money and to pay ofi and discharge such advances in the manner for the purposes and subject to the restrictions specified in the said deed of settlement. 8. All the lands goods chattels securities covenants debts moneys Devestment of choses in action property and things at present vested in the trustees ^°eI"ndVe™ng of the Company or any other person on behalf of the Company shall of same in cor- immediately after the passing of this Act become vested in the Com- p°'^^'°'^- pany for the same estate and interest and with the like powers and authorities as the same are now vested in the said trustees or other person without any assignment or conveyance whatever. 9. It shall and may be lawful to and for all and every person or Power to other persons bodies politic or corporate who are or shall be otherwise com- ?|y to"company. petent to grant sell alienate and convey assure and dispose of unto and to the use of the said corporation and their successors for the purposes aforesaid or any of them any houses lands hereditaments and other real estate whatsoever as aforesaid. 10. Nothing in this Act contained shall extend to prejudice or afiect ^jjf;""* '"j^^^tg any call made or any contract or other act deed matter or thing to. akeady"^"^ entered into made or done by the Company or by any person or per- ™tered into, sons on behalf of the Company under or by virtue of the said deed of settlement before this Act shall have come into operation but such call contract act deed matter and thing shall be as valid and effectual to all intents and purposes and may be enforced by or against the Company in like manner as if the Company had been incorporated before such call contract act deed matter or thing had been made entered into or done. shareholders. 1088 SYDNEY UNITED OMNIBUS COMPANY. 36 VicTOBiA. 11. Each shareholder in the said Company for the time being shall Liability of be liable to contribute to the assets of the Company or to meet its "'"""'' liabilities to an amount not exceeding the amount of the shares held by him or her and to a further sum of equal amount and no share- holder shall at any time be liable with respect to the transactions or liabilities of the Company beyond such amount. Shares to be per- 12. The shares in the capital of the Company and all the funds and sonai estate. property of the Company and all shares therein and the profit and advantage to be derived therefrom shall be personal estate and trans- missible as such subject to the provisions and restrictions contained in the said deed of settlement. Transfer of 13. Subject to the provisions and restrictions in that behalf contained deed!" ° * ^ in the said deed of settlement every shareholder may sell and transfer all or any of his shares in the capital of the Company (but not a fractional part of a share) and every such transfer shall be by deed and according to a form to be approved of by the directors and the trans- feree of such shares shall so soon as as he has complied with the require- ments and provisions relative to the transfer of shares and subject to the conditions restrictions and provisions in that behalf contained in the said deed of settlement become a shareholder in respect of the same shares to all intents and purposes. Company not 14. The Company shall not be bound to notice or see to the execution trasts. *° '^^^^'^^ of any trust whether express implied or constructive to which any share may be subject and the receipt of the person in whose name any such share shall stand in the books of the Company or if the same shall stand in the names of more persons than one then the receipt of one of the persons named in the shareholders register-book hereinafter mentioned shall from time to time be a sufficient discharge to the Company for any dividend or other sum of money payable in respect of such share notwithstanding the Company have had notice of such trusts And the Company shall not be bound to see to the application of the money paid upon such receipt or be in any way answerable for the non-appli- cation or misapplication thereof. Aissignee of 15. In Case the assignees of any insolvent shareholder shall elect to holder an**'^''' ^ccept the shares of such insolvent or in case the trustees of any estate trustees ot assigned for the benefit of creditors shall elect to accept the shares to'nom'ina^'e**' belonging to such assigned estate such assignees or trustees shall f orth- proprietor ot with nominate some other person to become a proprietor in respect of vent or assigned such shares (such nominee to be subject to the approval of the directors) estates. 'Qy^ j^ ^g case shall such assignees be themselves entitled to become shareholders in respect of the shares of any insolvent shareholder nor shall such trustees be themselves entitled to become shareholders in respect of the shares belonging to any estate assigned for the benefit of creditors. calls. aottonTiiiist ^9' ^^ ^^^^ action or suit which shall be brought by the Company shareholder for against any shareholder to recover the money due upon any call made calls. ^j yirtue of this Act or of the said deed of settlement it shall not be necessary to set forth the special matter but it shall be sufficient for the Company to declare that the defendant is the holder of one or more share or shares in the capital of the Company (stating the number of shares) and is indebted to the Company in the same to which the calls in arrear shall amount in respect of one or more call or calls upon one or more share or shares (stating the number and amount of each of such calls) whereby an action has accrued to the Company. SYDNEY UNITED OMNIBUS COMPANY. 1089 17. On the trial or hearing of such action or suit it shall he suiScient 36 Victoeia. to prove that the defendant at the time of making such call as aforesaid Proot in action was a holder of one share or more in the capital of the Company and '""' ™"^- that such call was in fact made and such notice thereof given as is pro- vided in that behalf by the said deed of settlement And it shall not be necessary to prove the appointment of the directors nor the making of such call by any person or persons nor any other matter whatsoever And thereupon the Company shall be entitled to recover the amount due upon such call together with interest thereon. 18. The Company shall keep a book to be called the Shareholders shareholders Eegister-book and in such book shall be fairly and distinctly entered "K's'«i'-'>oo''- from time to time the names and addresses of the several persons hold- ing shares in the Company together with the number of shares held by such shareholders. 19. The production of the shareholders register-book shall be ad- shareholders mitted in all Courts of civil and criminal jurisdiction as prima facie be^e^dence!' *" evidence of the person named therein as a shareholder being such shareholder and of the number of his shares and of the fact of the person sued for a call or calls being the person mentioned in the said register-book as such shareholder And every shareholder or other person having a judgment at law or a decree in equity against the Company may at all convenient times peruse the shareholders register- book gratis and may require a copy thereof or of any part thereof and for every one hundred words so required to be copied the Company may demand a sum not exceeding one shilling. 20. In every case dividends or bonuses shall be declared and paid Dividends to be out of the net profits made by the Company from time to time and ^niy.''"" '""'^'^ not out of the capital for the time being of the Company or any por- tion thereof. 21. If any execution either at law or in equity shall be or shall have Execution been issued against the property or effects of the Company and ifSr^hiders there cannot be found after due diligence suificient whereon to levy such execution then such execution may subject to the provisions of the twenty-third section of this Act be issued against any of the share- holders for the time being or any former shareholder until such exe- cution shall be fully satisfied Provided that no such execution shall be issued against any shareholder or former shareholder for any amount beyond the sum due by such shareholder in respect of the amount subscribed for and unpaid by him and a further sum equal to the amount so subscribed for Provided always that no such execution shall issue against any such shareholder or former shareholder except upon an order of the Court in which the action suit or other proceed- ing shall have been brought or instituted made upon motion in open Court after sufficient notice in writing to the person sought to be charged And upon such motion such Court may order execution to issue accordingly Provided further that in case of execution against any former shareholder it shall be shown that such former shareholder was a shareholder of the Company at the time when the contract or engagement was entered into for breach of which contract or engage- ment such execution shall have issued or became a shareholder during the time such contract or engagement was unexecuted or unsatisfied or was a shareholder at the time the judgment or decree was obtained upon which judgment or decree such execution shall have issued Pro- vided also that in no case shall such execution be issued against the 3z 1090 SYDNEY UNITED OMNIBUS COMPANY. 36 ViOTOEIA. Reimbursement of shareholdera. Execution against share- holders for con- tributions. Power to Manager and others to do certain acts. person property or effects of any former gtareliolder after the expira- tion of one year after the person sought to be charged shall have ceased to be a shareholder of the Company. 22. Every shareholder against whom or against whose property or effects execution upon any judgment decree or order obtained as afore- said shall have issued as aforesaid shaU be entitled to recover from the Company all loss damages costs and charges incurred by him by reason of such execution And after due diligence used to obtain satisfaction therefor against the property and effects of the Company and failure to obtain the same either wholly or in part such shareholder shall be entitled to contribution for so much of such loss damages costs and charges as shall remain unsatisfied from the several other shareholders against whom execution upon such judgment decree or order as afore- said might also have issued under the provisions in that behalf herein- before contained And the amount of such contribution may be re- covered from such shareholders as aforesaid by action at law for money paid for and to the use of such shareholders as and by way of contri- bution And no defendant in any such action shall be entitled to raise or set up the defence of partnership. 23. In any of the aforesaid cases of execution on any judgment decree or order as aforesaid issued against the person or property and effects of the Company at the suit of any shareholder or former shareholder in satisfaction of any money damages costs and expenses paid or incurred by him in any action or suit against the Company as aforesaid such execution may be issued by leave of the Court or a Judge of the Court in which such judgment decree or order shall have been obtained upon motion or summons for a rule to show cause or other motion or summons according to the practice of the Court with- out any suggestion or scire facias in that behalf And it shall be lawful for such Court or Judge to make absolute or discharge such rule or allow or dismiss such motion (as the case may be) and to direct the costs of the application to be paid by either party or to make such other order therein as to such Court or Judge shall seem fit And in case the Court or Judge shall order or allow such writ of execution to issue such writ shall in the form and according to the practice in use for the time being of the respective Court be sued out at the instance of such shareholder upon leave or order of the Court or Judge And every such writ shall be enforced and levy thereunder made and carried out and the property levied on sold and disposed of in like manner as writ of execution levies thereunder and property levied are now or from time to time and at any time shall be according to the practice for the time being of such Court of law or equity enforced made and carried out and disposed of respectively Provided that any order made as aforesaid may be discharged or varied by the Court on application made thereto by either party dissatisfied with such order. 24. In all cases in which by any Act of Parliament Imperial or Colonial or by any rule or order or by the practice of the Supreme or anjr other Court now or hereafter to be in force in this Colony the plaintiff complainant or defendant in any action suit or other pro- ceeding civil criminal or otherwise or any creditor of an insolvent estate or any person being a party to or interested in any process or proceeding whatsoever is or shall be authorized empowered or required to make any affidavit deposition or information or to sign or present any petition or to do any other act it shall be lawful for the manager TAMWOETH CATTLE SALE-TAEDS. 1091 or otter officer or agent of the Company (where tiie Company stall be 36 Victokia. suet plaintiff complainant or defendant or creditor or be a party to or otterwise interested in any process or proceeding as aforesaid) to make sign present or do any such affidavit deposition information petition or otter act respectively. 25. Tte directors stall tave tte custody of tte common seal of tte Custody and use Company and tte form ttereof and all otter matters relating ttereto sear"^"'* stall from time to time be determined by the directors in tte same manner as is provided by the said deed of settlement for tte determi- nation of otter matters by ttem And tte directors present at a board meeting of tte Company stall tave power to use suet common seal or to auttorize tte same to be used for tte affairs and concerns of tte Company and under suet seal to auttorize and empower any person wittout suet seal to execute any deed and to do all or any suet otter matters and ttings as may be required to be executed and done on betalf of tte Company in conformity witt tte provisions of tte said deed of settlement and of this Act But it shall not be necessary to use the corporate seal in the drawing accepting making or endorsing any bill of exchange or promissory -note but the same shall and may be drawn accepted made or indorsed as provided in the said deed of settlement And it shall not be necessary to use the said corporate seal in respect of or for the purpose of transacting any of the ordinary business of the Company or for the appointments of an attorney or solicitor for the prosecution or defence of any action suit or proceeding or of any officer or servant of the Company and such seal may be affixed to any deed or document by the hand of any person whom the directors shall appoint in that behalf and the affixing thereof shall be attested by at least one director and such person so appointed. 26. This Act may be cited for all purposes as the " Sydney United |^t'^™^ °' Omnibus Company's (Limited) Incorporation Act 1872 " And in every instrument or document whatsoever executed or issued by the Company the word " Limited " shall be added to and form part of the designation of the Company. TAMWOETH CATTLE SALE-YARDS. An Act to authorize the erection and maintenance of 48 victoeia. Cattle Sale-yards by the Borough Council of Tam- worth within the Borough of Tamworth. [22 July, 1884.] WHEEEAS certain land being suburban portion numbered forty- preamble, eight containing by admeasurement four acres three roods and thirty-seven perctes more or less situated wittin tte municipality styled tte Borougt of Tamwortt and more particularly described in tte Sctedule tereto has been reserved and dedicated as a site for Cattle Sale-yards And whereas it is expedient that yards for the sale of cattle should be established on the said land and it is necessary for such pur- pose that full power stould be given to tte said Council to erect and maiatain suitable buildings and yards on suet land and for suet pur- pose to borrow money and to ctarge fees and make by-laws for the maintenance and regulation of such sale-yards Be it therefore enacted 1092 TAMWORTH CATTLE SALE-YARDS. Interpretation clause. Council may erect and main- tain premises. Power to Council to borrow money 48 VicTOEiA. hj tte 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. In the construction and for the purposes of this Act — The word "cattle" shall include horses mares geldings foals oxen bulls cows horned cattle steers heifers calves pigs sheep lambs and goats. The word " Council " shall mean the Borough Council of Tam- worth. 2. It shall be lawful for the Council to erect and maintain suitable? buildings yards and other premises upon the land described in the Schedule to this Act for the purpose of making provision for the sal© of cattle therein. 3. To provide funds for the erection and maintenance of buildings yards and premises as aforesaid it shall be lawful for the Council to borrow any sum of money not exceeding four thousand pounds at ai rate of interest not to exceed eight pounds per centum per annum by debentures secured upon a mortgage of the rates fees and tolls to be levied as herein provided on the general revenue of the said borough from whatever source arising as in the opinion of the Council may. be deemed most expedient Provided that the proceeds to arise from such rates fees or tolls and all other profits accruing from the use of such sale-yards and premises received by the Council shall after payment o£ all current expenses incident to the maintenance of such sale-yards and premises be applied towards the payment of the principal sum so borrowed and any interest thereon accrued and an account to be called the Cattle Sale-yards Eund shall be kept by the Council. 4. The Council may from time to time appoint officers and servants and make by-laws for the maintenance regulation and management of the said yards and premises and for determining the fees and charges to be paid as hereinafter provided and the times and modes of collect- ing and enforcing the payment thereof and generally for carrying out the purposes of this Act And such by-laws shall clearly set forth what pecuniary or other penalty or forfeiture shall be incurred by any breach thereof respectively Provided always that no such pecuniary penalty shall in any case exceed the sum of five pounds. 5. All such by-laws shall after approval by the Grovernor with the advice of the Executive Council be published in the Q-overnment Gazette and in at least one local newspaper and the production of the Gazette purporting to contain a copy of any such by-laws shall be sufficient evidence in any proceeding in any Court of Justice that such by-laws have been duly made and approved in accordance with the provisions of this Act. 6. So soon as any such sale-yards shall be established and by-laws approved and published the Council may demand and take in respect of any cattle brought to any such sale-yards or yarded in or brought to any other sale-yard within the borough of Tamworth if such cattle be intended for sale by public auction or private contract the fees or charges mentioned in the said by-laws Provided that the fees or charges levied by the said Council upon cattle brought to other sale-yards shall not exceed those levied upon cattle yarded in or brought to the sale- yards established under this Act. Powerto appoint officers and make by-laws. No penalty to exceed five pounds. Proof of by- laws. Power to de- mand and take feea. TAMWOETH GAS AND COKE COMPANY. 1093 7. All sums of money wHcli shall be imposed or made payable and 48 Victoria. all penalties and forfeitures incurred under this Act or any by-laws Recovery ot hereunder may be recovered at the suit of the Council or the Clerk of P'"'!'''"^^. the Council in a summary way before any Justice of the Peace under the provisions of the Act or Acts for the time being in force regulating proceedings on summary convictions and if any such sum of money or penalty be not paid either immediately after the order or conviction or within the time appointed by such order or conviction the same shall be levied by distress and sale of the goods and chattels of the offender or person directed by such order or conviction to pay any such sum or penalty as aforesaid and on failure of distress shall be enforced in the manner directed by the said Act or Acts subject however to an appeal in the manner provided by the Act or Acts for the time being in force regulating appeals from Justices of the Peace. 8. This Act may be cited as the " Tamworth Cattle Sale-yards Act short title. of 1884." SCHEDULE. All that parcel of land in the Colony of New South Wales adjoining the town of Tamworth in the county of Inglis parish of Tamworth being suburban portion numbered forty-eight containing by admeasurement four acres three roods and thirty-seven perches more or less included within the following boundaries Com- mencing at a point on the town boundary of Tamworth and on the north side of Marius-street bearing west and distant one hundred links from the south-west corner of portion numbered forty-seven in the parish and county aforesaid and bounded thence on the south by Marius-street west four hundred and thirteen links to a stake bearing south nineteen degrees and fifteen minutes west from a gum-tree marked broad-arrow over forty-eight distant fifty links and bounded thence on the south-west by a road one hundred and fifty links wide bearing north fifty-three degrees west two chains and ninety-seven links to the south-east corner of portion forty -nine and bounded thence on the west by a line bearing north six hundred and twenty links to a stake forming the north-east corner of portion forty-nine and bounded thence on the north by a road one hundred links wide bearing east six chains fifty links to a stake bearing west one hundred links from the north-west corner of portion forty-seven and bounded thence on the east by a line bearing south eight hundred links to the point of commencement. TAMWORTH GAS AND COKE COMPANY (LIMITED). An Act to enable tlie Tamworth Gas and Coke Company 46 Victoria. (Limited) to construct Gasworks within the town and suburbs of Tamworth. [13 October, 1882.] WHEEEAS it is expedient that the town of Tamworth and its preamble, suburbs in the Colony of New South Wales should be supplied and lighted with gas And whereas for the carrying out of the works necessary for such supply of gas a joint stock Company called the Tamworth G-as and Coke Company (Limited) has by a memorandum of association and articles of association lately been established at Tamworth aforesaid in accordance with and subject to the provisions of the Company's Act of 1862 (thirty-seven Victoria number nineteen) And whereas the Municipal Council of the borough of Tamworth have at the request of the Tamworth G-as and Coke Company (Limited) and X094i TAMWOETH GAS AND COKE COMPANY. 46 ViCTOBiA. in consideration of the benefits to arise from the establishment and carrying out of such works consented to the vesting in the said Com- pany of all necessary powers and authorities so far as the rights and interest of the said Municipal Council are concerned 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 : — Authority to 1. The Tamworth Gas and Coke Company (Limited) is hereby fully breakupBteeet" authorized and empowered by its servants contractors agents workmen roads &c. and others from time to time to make erect sink lay place fit main- tain and repair such retorts gasometers meters receivers cisterns engines machine cuts drains sewers watercourses pipes reservoirs buildings and other works and devices of such construction and in such manner as the Tamworth Gas and Coke Company (Limited) shall think necessary or proper for the purpose of carrying out the operations o£ the Tamworth Gas and Coke Company (Limited) in respect of and incidental to the making and supplying of gas in conformity with this Act and the said memorandum and articles of association and also for all such purposes to open and break up the soil and pavement of the several sheets and bridges within the limits of the town and suburbs aforesaid and to open and break up any sewers drains or tunnels within or under such streets and bridges and to erect posts pillars lamps lamp-irons and other apparatus in or upon the same streets and bridges or against any wall or walls erected on or adjoining to any of them and to dig and sink trenches and drains and to lay mains and pipes and put stop-cocks siphons plugs or branches from such mains or pipes in under across or along such streets and bridges and also with such consent as hereinafter mentioned to do the like in under across or along any private roads ways lanes passages buildings and places and from time to time to cut stop remove alter repair replace and relay such main-pipes stop-cocks siphons plugs branches or other apparatus Provided always that nothing in this section contained shall be deemed to authorize the said Company their servants contractors agents or workmen to enter into or upon any private lands buildings or places for any of the purposes aforesaid or thereon to carry out any of the operations of the said Company without the previous consent in writing of the occupiers thereof except that the said Company may at any reasonable time by its servants agents or workmen enter upon any land or place wherein any pipe hath already been lawfully laid down or placed in pursuance of this Act and repair or alter the existing pipe or lay or place any new pipe in the stead thereof And provided also that the said Company shall unless in case of accident give twenty- four hours' notice in writing to the council clerk of the said munici- pality prior to the opening or breaking up as aforesaid of any street road pavement sewer drain or tunnel within the said municipality. To make con- 2. It shall be lawful for the said Company to contract with any of'ell md^^ person (whether incorporate or individual) for supplying with gas any outworks for such person or any streets ways lanes passages manufiactories shops a purpose, -warehouses public or private houses buildings and places and for such purpose from time to time to lay down carry fit up connect and furnish any pipe branch or burner lamp meter or other apparatus from or in connection with any main pipe or to lay down any new main which for such purposes may be required and to let any such apparatus for hire TAMWOETH G-AS AND COKE COMPANY.' 1095 for sneh sum as may be agreed upon whicli sum may te recovered in 46 Victoeia. like manner as any rent or remuneration for the supply of gas Pro- vided alvrays that in all cases where damage may be done by the said Company its agents workmen or others in the course of laying on or removing apparatus the said damage shall be made good at the expense of the said Company and in case the said Company shall delay within a reasonable time to make good such damage the owner or occupier of such premises may make good the same and recover the expenses thereof from the said Company in the same manner as is herein provided for the recovery of any sum of money payable under the pro- visions of this Act Provided also that if any owner or occupier of any building tenement or place or any person acting for him shall refuse reasonable access in pursuance of the provisions of this section or the sixteenth section of this Act to the contractors agents workmen or ser- vants of the said Company for the purpose of removing any such pipe burner meter or apparatus placed or introduced into any such building tenement or place by the said Company or shall prevent or obstruct such removal then the said owner occupier or person acting for him shall immediately make payment to the said Company for such pipe burner meter or apparatus and in default of his so doing within three days after demand thereof made at the same building tenement or place or the residence or last known residence of the party it shall be lawful for the said Company to make complaint thereof to any Justice of the Peace who may cause to be issued a summons to the person so making default calling on him to show cause before the nearest Court of Petty Sessions to where the building tenement or place is situated why he refuses to pay such demand and thereupon the said Court shall proceed to the adjudication and enforcement of such demand in the manner hereinafter set forth And if any person shall place or lay any pipe to communicate with any main pipe meter or other apparatus already laid placed or erected by the said Company or shall use additional burner or burners of larger dimensions or of other kind or description than that he has contracted with the said Company to use or shall keep the gas supplied by the said Company burning for a longer time than he has contracted with the said Company to pay for or shall supply any person with any of the gas supplied to him by the said Company without the Company's consent in writing first obtained or if any person shaU. wantonly or maliciously hinder or interrupt any of the contractors workmen agents or servants of the said Company in legally doing or performing any of the acts aforesaid or in exercising any of the powers and authorities by this Act given or if any person shall wilfully or negligently or accidentally do or cause to be done any injury or damage to any of the buildings machinery pipes burners lamps meters or apparatus of the said Company or remove the same or cause a waste or improper use of gas supplied by the said Company it shall be lawful for the said Company to make a complaint thereof before any Justice of the Peace who may cause to be issued a summons to the person or persons so offending to appear before the Court of Petty Sessions nearest to the place where such offence shall be com- mitted and being thereof lawfully convicted such person shall forfeit and pay to the said Company any sum not exceeding five pounds over and above all damages done and over and above all costs such sum to be ascertained by such Court and to be enforced by distress and all proceedings under this Act not herein expressly provided for shall be regulated and conducted in accordance with the powers of the law 1096 ^AMWOETH GAS AND COKE COMPANY. 46YICTOIIIA. in force for tlie time being respecting summary proceedings before Justices of the Peace and all such provisions sball so far as the same are applicable be enforced and observed in all proceedings under this Act not herein expressly provided for. Apparatus not 3. No pipe burner lamp meter or other apparatus of the said Com- executSrf&of^^ P^^I being set up in any building tenement or place shall be subject to distress for rent or shall be taken in execution under any process or proceeding of any Court of law or equity or under any proceedings in bankruptcy or insolvency save so far as any process or proceedings against the said Company are concerned. Materials of 4. When and so often as the said Company its servants contractors biScen to'be agents or workmen shaU have opened broken up or removed the soil or replaced. pavement of any street or bridge as aforesaid or shall have opened or broken up any sewers drains or tunnels within or under any such streets or bridges the said Company shall make all reasonable despatch in performance of the work to be done and shall on completion of such work forthwith carry away all rubbish and waste or surplus material and reinstate such pavement stone or other material and render such street or bridge and every such sewer drain and tunnel vrithin or under the same as nearly as possible in the same condition as it was in previously to the disturbance thereof and during the continuance of such work and until such reinstatement the said Comijany shall set up Barriers and sufficient barriers and keep lights burning at night in order to prevent u|. s to e ep a^Q(,j(jgj^-(;g j^j^^ a^lgQ yf}iQji aud so often as any gas pitch waste tar Nuisances. Waste liquid or other thing shall escape or flow from any pipe receivers or drain being part of or incidental to the works to be erected under this Act so as to contaminate the air or any stream spring or other watercourse or body of water natural or artificial and render the same unhealthy or offensive or unfit for use it shall be lawful for any person to give notice thereof in writing to the said Company who shall imme- diately take the most speedy and effectual measures to prevent and remedy the same and if the said Company shall make default in any of the matters so required by it to be performed it shall be lawful for any person to lodge complaint thereof before any Justice of the Peace who may summon the said Company before the nearest Court of Petty Sessions and on proof of such default the said Court of Petty Sessions shall order and direct that the said matters shall be done by the said Company withiu a reasonable time to be named by such Court and in default of compliance with such order any Justice of the Peace on proof of such default on the part of the said Company and on proof that the complainant or any other person has performed the said work so to be done and of the costs charges and expenses attending the same shall issue a distress warrant against the goods and chattels of the said Company for any amount not exceeding the said charges and expenses and the cost of prosecuting such complaint to be paid to the person performing the said work as aforesaid. Price purity and 5. The price for the gas shall at no time exceed fifteen shillings per pow™"of'the thousand cubic feet and the gas supplied shall be absolutely free from gas. sulphuretted hydrogen and shall be of such minimum quality as to produce from an Argand burner having fifteen holes and a seven-inch chimney consuming five cubic feet of gas per hour a light equal in intensity to the light produced by fifteen sperm candles of six in the pound burning one hundred and twenty grains per hour. TAMWOETH GAS AND COKE COMPANY. 1097 6. The said Company stall within twelve months after receiving 46 Victoeia, notice from the Borough Council put up at some testing place to be Provision Jor provided by the said Council within the borough suitable apparatus *^8'™s- for the purposes following : — (1.) Por testing the illuminating power of the gas supplied. (2.) For testing the presence of sulphuretted hydrogen in the gas supplied The said apparatus shall be in accordance with the Schedule hereunto annexed and shall at all times be kept and maintained in good repair and working order by the said Company. 7. The Borough Council may from time to time appoint a com- Appointment of petent and impartial person to be gas examiner to test the gas at the ^^ examiner, testing place who shall test the illuminating power and purity of the gas supplied on any or every day and the said Company may be repre- sented at the testing if they shall think fit but shall not be entitled either by themselves or their representative to interfere in the testing. 8. The gas examiner shall on the day immediately following that on Gas examiner to which the testing was made by him deliver to the Borough Council a ''^p°'^ *"• report of such testing and shall deliver -a copy thereof to the said Company and such report shall be receivable in evidence. 9. Any gas examiner appointed by the Borough Council shall be Gas examiner paid a salary not exceeding one hundred pounds per annum which ^°^ p*"^- shall be paid one moiety by the Council and the other moiety by the said Company. 10. No meter shall be used for ascertaining the quantity of gas Meters. sold by the said Company unless the same shall have its measuring capacity at one revolution or complete action of the meter and also the quantity per hour it is intended to measure in cubic feet or multiples or decimal parts of a cubic foot denominated or marked on the outside thereof in legible letters or figures and shall have been tested and stamped as correct by the English Warden of Standards or other lawful authority. 11. An inspector of meters may from time to time be appointed by Borougii Council the Borough Council and the said inspector shall at all times when ^ecffoT"' "" authorized by the Council on the application and at the expense of meters. any consumer of gas supplied by the said Company be entitled to in- spect alad test the meters erected by the said Company in the premises of the person making such request after giving forty-eight hours notice of such intended inspection to the said Company and before such inspection the person requiring the same shall deposit in the hands of the inspector all money due or appearing to be due by such person to the said Company on account delivered and in case such deposit shall be in excess of the sum found to be due to the said Company such excess shall be returned to the consumer. 12. No meter which shall have been fixed by the said Company for EegmiationoJ use before the expiration of one year of the time when this Act comes ™®'^"- into operation shall be allowed to remain in use after the expiration of five years from that time unless it shall have been tested and stamped as by this Act directed and no meter once tested and stamped under the provisions of this Act shall be allowed to remain in use for more than seven years from the time when it shall have been last so stamped unless and until it shall have been re-tested and re-stamped in 1098 TAMWOETH GAS AND COKE COMPANY, 46 Victoria, manner aforesaid and whenever tlie said Company stall knowingly allow any meter to he used in contravention of tMs section they shall be liable to a penalty not exceeding forty shillings for every such offence. Legal standard. 13. After the expiration of one year from the time when this Act comes into operation the legal standard or unit or measure for the sale of the said Company's gas by meter shall be the cubic foot containing sixty-two and three hundred and twenty-one thousandths (62'321) pounds avoirdupois weight of distilled or rain water weighed in air at the temperature of sixty-two degrees of Fahrenheit's thermometer the barometer being at thirty inches. Forging stamps. 14. If any person shall forge or counterfeit or cause or procure to be forged or counterfeited or knowingly act or assist in the forging or counterfeiting any stamp which may hereafter be used for the stamping of any meter under this Act every person so offending shall for every such offence be liable to a penalty not exceeding fifty pounds or less than ten pounds and if any person shall knowingly sell utter or dispose of let lend or expose for sale any meter with such forged stamp thereon every person so offending shall for every such offence be liable to a penalty not exceeding ten pounds or less than forty shillings and all meters having forged or counterfeited stamps thereon shall be forfeited and destroyed. Pressure of gas. 15. All gas Supplied by the said Company shall except in case of accident be supplied at such pressure as to balance from midnight to sunset a column of water not less than six-tentlis of an inch in height and to balance from sunset to midnight a column of water not less than one inch in height. Power to out oft 16. It shall be lawful for the said Company to cut off and take away gas of defaulter. ^|jg supply of gas from the building tenement or other place of every person or body making default in payment after giving twenty-four hours notice to the occupier and thenceforth to discontinue the supply of gas contracted for with the said Company by such person or body and to enter by itself its agents or workmen into such building tene- ment or place between the hours of nine in the forenoon and four in the afternoon and remove and carry away any pipe burners lamp meter or other apparatus the property of the said Company and the said Company shall liave the like powers with regard to cutting off taking away and discontinuing the supply of gas in the case of the building tenement or place of any person who shall have been lawfully convicted as hereinbefore provided of any fraudulent injury to any meter or apparatus on such premises or fraudulent use of the gas of the said Eemody for^ Company And in case any person or body who shall contract with the of'gM.'^" ''™ ^ said Company or agree to take or shall take or use the j^as of the said Company in any building tenement or place or otherwise shall refuse or neglect to pay the sum or sums of money then due under his or their contract for the same to the said Company according to the terms and stipulations thereof it shall be lawful for the said Company to make complaints of such refusal or neglect before any Justice of the Peace who may cause to be issued a summons to the party or parties so refus- ing or neglecting calling on him or them to show cause before the Court of Petty Sessions in the police district in which such building tenement or place is situated or such user took place why he or they refuses or refuse to pay such sum or sums and thereupon the said Court shall TAMWOETH GAS AND COKE COMPANY. 1099 proceed to tie adjudication of the said complaint and enforcement of 46 Victoeia. tlie said demand and costs charges and expenses incurred in the prose- cution thereof by distress and sale of the good and chattels of the person or persons or body so refusing or neglecting to pay. 17. The secretary engineer or any other officer of the said Com- Right of officer pany may at all reasonable times enter any building tenement or place milea!""^ ^'^' lighted with gas supplied by the said Company in order to inspect the pipes burners lamps meters or other apparatus of or connected with the works of the said Company to regulate the supply of gas or to ascertain the quantity of gas consumed or supplied and if any person shall hinder any such officer as aforesaid from so entering or making such inspection as aforesaid at any reasonable time such person shall for every such offence forfeit and pay to the said Company a sum of money not exceeding iive pounds to be awarded and re- covered by the said Company in like manner as the penalties aforesaid. 18. Any person may appeal from the judgment or conviction of any Right of appeal. Court of Petty Sessions under this Act in the form and manner set forth in the Act of Council fifth William the Pourth number twenty- two. 19. Nothing in this Act contained shall be construed to prevent indictment for any person from indicting or otherwise proceeding either civilly or "™=™°^^- criminally against the said Company for nuisance or otherwise in respect of the works or means used or employed by the said Company in exercising the privileges hereby on the said Company conferred or to prevent the said Company or any person from recovering any sum of money or otherwise proceeding in any Court of competent jurisdiction but the said Company or any person to whom any penalty or sum of money may by the provisions of this Act be awarded may elect either to proceed in manner in this Act provided or to proceed for and recover damages or otherwise in any Court of competent jurisdiction. 20. In all cases in which by any Act of Parliament or of the Colonial Power to secre- Legislature or by any rule or order of the practice of the Supreme oSe?s.°"'^'^ Court or any other Court now or hereafter to be in force in this Colony the plaintifE complainant or defendant in any action suit or other proceeding civil criminal or otherwise or any creditor of an insolvent estate or any person being a party to or interested in any process or proceeding whatsoever is or shall be authorized empowered or required to make any affidavit deposition or information or to sign or present any petition or to do any other act it shall be lawful and competent for the secretary or any other officer of the said Company with the consent in writing of the directors of the said Company where such Company shall be such plaintifE complainant defendant or creditor or be a party to or otherwise interested in any process or proceeding as aforesaid for and on behalf of the Company to make any such affi- davit deposition complaint or information sign or present any such petition or do any such other act as aforesaid for or on behalf of the said Company. 21. The directors for the time being shall have the custody of the Custody and use common seal of the Company and the directors of the Company or a ° majority of them shall have power to use such common seal or authorize the same to be used for the affairs and concerns of the Company and under such seal to authorize and empower any person or persons without such seal to execute any deeds and do all or any 1100 TAMWOETH GAS AND COKE COMPANY. 46 Victoria, suci other matters and things as may be required to be executed and done for or on behalf of the Company But it shall not be neces- sary to use the corporate seal in respect of any of the ordinary business of the Company or for the appointment of any attorney or solicitor for the prosecution or defence of any action suit or proceeding or of any officer or servant of the Company and such seal may be affixed to any deed or document whatsoever by any one of the directors of the said Company or by the hand of any person whom the directors shall appoint in that behalf and the affixing there- of shall be attested by at least one director and such person so appointed. 22. If it shall be proved to the satisfaction of any two Justices of the Peace in Petty Sessions assembled that the said Company or any of its officers have been guilty of any default under this Act they shall be liable for each and every such default to a penalty not exceeding five pounds to be recovered in a summary way. 2.3. The following words and expressions in this Act shall have the several meanings hereby assigned to them unless there be something either in the subject or the context repugnant to such construction that is to say The expression " Company" shall mean " The Tamworth G-as and Coke Company (Limited)" The expression " directors" shall mean the directors for the time being of the said Tamworth G-as and Coke Company (Limited) The word " street" shall include any square court or alley highway lane footpath road thoroughfare or other pas- sage footpath or place within the limits of this Act The expression "town and suburbs of Tamworth" shall comprise all those districts which are included within a radius of three miles from the post office of the said town. General penalty. Interpretation clause. 24. This Act may be cited as the ' (Limited) Act of 1882 " Tamworth Gas and Coke Company SCHEDULE. PART I. 1. Uegulations in respect of testing apparatus. (a) The apparatus for testing the inuminating power of the gas shall consist of the most improved form of photometer known together with a proper meter minute clock governor pressure gauge and balance The burner to be used for testing the gas shall be an Argand burner having fifteen holes and a seven-inch chimney The candle used for testing the gas shall be sperm candles of six to the pound and two candles shall be used together. 2. The apparatus. (b) Por testing the presence in the gas of sulphuretted hydrogen A glass vessel containing a strip of bibulous paper moistened with a solution of acetate of lead containing sixty grains of crystallized acetate of lead dissolved in one fluid ounce of water. PART II. 1. jRales as to mode of testing gas. _ {a) Mode of testing for illuminating power The gas in the photometer is to be lighted at least fifteen minutes before the testings begin and it is to be kept continually burning from the beginning to the end of the tests. Each testing shall include ten observations of the photometer made at intervals of a minute. The consumption of gaa is to be carefully adjusted to five cubic feet per hour. TAMWORTH EOMAN CATHOLIC CHTJECH TEUSTEES. HOI The candles are to be lighted at least ten minutes before beginning each testing 46 VioTOKiA. so as to arrive at their normal rate of burning which is shown when the wick is slightly bent and the tip glowing The standard rate of consumption for the candles shall be one hundred and twenty grains each per hour Before and after making each set of ten observations of the photometer the gas examiner shall weigh the candles and if combustion shall have been more or less per candle than one hundred and twenty grains per hour he shall make and record the calculations^' requisite to neutralize the effects of this difference The average of each set of ten observations is to be taken as representing the illuminating power of that testing. 2. Mode of testing. (i) For sulphuretted hydrogen The gas shall be passed through the glass vessel containing the strip of bibulous paper moistened with the solution of acetate of lead for a period of three minutes or such longer period as may be prescribed and if any discoloration of the test paper is found to have taken place this is held to be conclusive as to the presence of sulphuretted hydrogen in the gas. TAMWORTH EOMAN CATHOLIC CHURCH TRUSTEES. An Act to enable the RigM Reverend James Murray 39 Victoria. the Reverend Michael Gough and Daniel Regan Trustees of allotments nineteen and twenty of section fourteen in the town of Tamworth as sites for a Roman Catholic Church and School to sell the said allotments and to provide for the appropriation of the proceeds thereof. [10 May, 1876.] WHEEEAS by three several deeds of grant from the Crown two Preamble, bearing date tlie twenty -fiftli day of March and one bearing date the twenty-seventh day of October in the year of our Lord one thousand eight hundred and seventy-five under the hand of His Excellency Sir Hercules George Eobert Eobinson Knight Grrand Cross of the Most Distinguished Order of Saint Michael and Saint George Governor and Commander-in-Chief of the Colony of New South "Wales and its Dependencies and Vice- Admiral of the same and the seal of the said Colony allotments one two nineteen and twenty of section fourteen in the town of Tamworth were granted to the Eight Eeverend James Murray the Eeverend Michael Gough and Daniel Eegan and their heirs upon the following trusts that is to say allot- ments one and twenty as a site for a Eoman Catholic church allot- ment two as a site for a Eoman CathoHc minister's residence and allotment nineteen as a site for a Eoman Catholic school And whereas the said allotments nineteen and twenty being the lands described in the Eirst Schedule hereto are unsuitably situated for the purposes of the trusts upon which they are held And whereas by two several deeds of grant from the Crown under the hand of His Excellency Sir Hercules George Eobert Eobinson and the seal of the said Colony allotments three and four of section fourteen in the said town of Tamworth being the lands described in the Second Schedule hereto were for the consideration money therein mentioned granted unto the said James Murray and Michael Gough their heirs and assigns for ever And whereas the said lands in the Second Schedule described are suitable for the purposes for which the said lands in the Eirst Schedule described were granted and the said James Murray and 1102 TAMWOETH EOMAIST CATHOLIC CHUECH TEUSTEES. Lots 3 and 4 sec. 14 to be dedicated in lieu of lands to be sold. Lots 19 and 20 sec. 14 to be sold. 39VICTOEIA. Michael G-ough are -willmg to dedicate the said lands in the Second Schedule described for such purposes in lieu of the said lands in the Eirst Schedule described And it is expedient that the said lands in the Eirst Schedule described should be sold and that the proceeds of such sale should be laid out in the erection of a Eoman Catholic church school and clergyman's residence upon the said lands in the Second Schedule described and on allotments one and two of section number fourteen or for some or one of those purposes Be it there- fore 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 ParUament assembled and by the authority of the same as follows : — 1. The said James Murray and Michael Grough or their heirs shall convey the lands described in the Second Schedule hereto to the said James Murray Michael Grough and Daniel Began or other trustees to be nominated by the said James Murray or other the Eoman Catholic Bishop of Maitland for the time being and their heirs upon trust to be held together with the said allotments numbers one and two as sites for a Eoman Catholic church school and minister's residence. 2. It shall be lawful for the said James Murray Michael G-ough and Daniel Eegan and their heirs to sell and dispose of the lands described in the Eirst Schedule hereto by public auction or private contract and either in one lot or several lots for such price or prices as can be reasonably had or obtained for the same and to convey the same or any part or parts thereof to the purchaser or purchasers thereof in fee- simple freed and discharged from the said trusts affecting the same and to receive the purchase money thereof And the receipt in writing of the said trustees their heirs or assigns shall absolutely discharge the purchaser or purchasers of the said land or any part or parts thereof from the purchase money payable by him or them respectively and shall exonerate him or them from seeing to the application of such purchase money and from all liability as to the misapplication or non- application thereof. 3. The said trustees their heirs or assigns shall stand possessed of all moneys arising from any and every sale or sales as aforesaid upon trust to lay out the said moneys in the erection of a Eoman CathoUc church school and minister's residence upon the said lands described in the second Schedule and in the said allotments one and two of section fourteen or for some or one of those purposes. EIEST SCHEDULE. All that piece or parcel of land in the said Colony containing by admeasurement two roods be the same more or less situate in the county of Inglis and parish of Tamworth town of Tamworth allotment nineteen of section fourteen commencing on the north-eaatern side of Peel-street at the southern corner of allotment eighteen and bounded thence on the south-west by that street bearing south-easterly one chain on the south-east by the north-western boundary of allotment twenty being part of the appropriation for a Koman Catholic church bearing north-easterly five chains on the north-east by the south-western boundary of allotment two appropri- ated for a Roman Catholic presbytery bearing north-westerly one chain and on the north-west by the south-eastern boundary of allotment eighteen aforesaid bearing south-westerly five chains to the point of commencement And also all that piece or parcel of land in the said Colony containing by admeasurement half an acre be the same more or less situated in the county of Inglis and parish of Tamworth town of Tamworth allotment twenty of section fourteen commencing at the south- eastern corner of allotment one and bounded thence on the north-east by that allotment bearing north-westerly one chain on the north-west by the south-eastern Application of proceeds of sale. TAYLOR AND WALKEE'S EAILWAT. 1103 boundary of allotment nineteen appropriated for a Roman Catholic school bearing 39 ViCTOElA. south-westerly five chains to Peel-street on the south-west by that street bearing south-easterly one chain to White-street and on the south-east by that street bearing northreasterly five chains to the point of commencement. SECOND SCHEDULE. All that allotment or parcel of land in the said Colony containing by admeasure- ment two roods be the same more or less situated in the county of Inglis parish of Tamworth and town of Tamworth being allotment number three of section number fourteen Commencing on the south-western side of Marius-street at the northern corner of allotment two and bounded thence on the north-east by that street north- westerly one chain on the north-west by the south-eastern boundary-line of allot- ment four south-westerly at right angles to Marius-street five chains on the south- west by the north-eastern boundary-line of J. H. Durban's allotment eighteen south-easterly parallel with Marius-street one chain and on the south-east by the north-western boundary-line of allotment two aforesaid north-easterly at right angles to Marius-street five chains to the point of commencement And also all that piece or parcel of land in the said Colony containing by admeasurement two roods be the same more or less situate in the county of Inglis parish of Tamworth and town of Tamworth being allotment number four of section number fourteen Commencing on the south-western side of Marius-street at the northern comer of allotment three and bounded thence on the north-east by that street north-westerly one chain on the north-west by the south-eastern boundary-line of allotment five south-westerly at right angles to Marius-street five chains on the south-west by the north-eastern boundary-line of J. H. Durban's allotment seventeen south-easterly parallel with Marius-street one chain and on the south-east by the north-western boundary-line of allotment three aforesaid north-easterly at right angles to Marius- street five chains to the point of commencement. TAYLOR AND WALKER'S RAILWAY. An Act to enable Robert Taylor and Christopher Walker 26 Victoria. trading under the style of Taylor and Walker to construct a Railway from land near Russellville in the district of lUawarra in the county of Camden held by the same firm under lease from the Trustees of the late Henry Osborne and called the Osborne Bellambi Mine and to connect the same with Bel- Iambi Harbour. [17 December, 1862.] WHEREAS Robert Taylor and Christopher "Walker hereinafter Preamble, designated the " Eirm" have opened coal-mines on land situate near Russellville in the district of lUawarra in the county of Camden leased by the said Robert Taylor and Christopher Walker from the trustees of the will of the late Henry Osborne and are desirous of constructing a railway from the said coal-mines to the projected public dock or harbour works at Bellambi Harbour but as part of such pro- posed railway is intended to be made upon and to pass through lands in the said county not held by the said firm but believed to be the property of Erancis Peter M'Cabe Michael Cawley Patrick Earragher John Cawley Thomas Hale and the Crown respectively the same cannot be made without Legislative authority And whereas the said coal- mines are likely to prove beneficial to the Colony and the public are concerned in promoting such an increase in the facilities for the supply of coal for local consumption steam navigation and export as would 1101 TAYLOE AND WALKEE'S EAILWAT, Authority to construct rail- way and to con- nect the game with Bellambi Harbour. Power to con- tinue railway to dock or harbour works. 26 VicTOEiA. result from tlie construction of the said proposed railway it is there- fore desirable to authorize by Legislatiye enactment the construc- tion of the said railway subject to the provisions hereinafter con- tained upon payment of compensation to the several parties through whose lands the same shall pass for such portions of their respective lands as may be required to be occupied thereby Be it therefore enacted by the Queen's Most Eseellent 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. It shall be lawful for the firm to make and construct a railway from the land held by the firm through lands believed to be the properties of the several persons mentioned in the preamble of this Act and also through Crown lands and to take and use so much of the said lands as the said firm may require for the purposes of such railway in the line described in the Schedule hereto not exceeding in any part thereof a greater space in breadth than sixty-six feet including the supports abutments and foundations of the said railway Provided that the railway shall be constructed and brought into use within the term of five years from the passing of this Act or within twelve months after the proposed public dock or harbour works at the harbour of Bellambi shall have been completed if such public dock or harbour works are not completed within the term of five years after the passing of this Act. 2. It shall be lavsrful for the firm either in substitution for some portion of the railway by the first section of this Act authorized to be made or in addition to the said railway to make and continue a. railway through land known as the Bellambi Estate or village and believed to be the property of Thomas Hale for the purpose of con- necting the railway and works of the firm mth any public dock or harbour works which may hereafter be constructed at BeUambi and to take and use so much of the said lands as the said firm may require not exceeding in any part thereof a greater space in breadth than sixty-six feet including the supports abutments and foundations of the said railway Provided that before such last-mentioned work shall be commenced to be made a plan and section thereof shall be laid before and approved by the Governor and Executive Council. 3. So much of the lands of the said owners or other persons as shall be taken or used by the firm under the provisions of this Act for the purpose of the railway with such right of ingress egress and regress upon the adjacent lands as may be necessary for the making and repair of the said railway shall by virtue of this Act and without the necessity of any conveyance be vested in the firm subject to the proviso hereinafter contained Provided that at the expiration or other sooner- determination of the term of lease or renewal of lease which is now held by the said firm as lessees of the said mines the railway shall become the property of the owners of the mines upon their paying to the lessees or firm such sums if any which shall have been expended, by the said firm in the purchase of land and construction of railway or any less sum to be determined by arbitration the arbitrators and. umpire to be appointed in like manner except as to limitation of time and to have all the like powers and authorities as under the twentieth section of this Act and their decision to be in like manner final Pro- vided also that all sums which have been already paid or which may hereafter be paid by the owners of the said mine towards the amount Lands condition- ally vested in the firm with- out conveyance. TATLOE AND "WALKEE'S EAILWAT. 1105 of the original cost of purcliase of land and construction of the said 26 Victoeia. railway shall be taken into account and allowed by the said arbitrators ■or their umpire as a payment on account of whatever may be found ■due to the said firm in respect of the entire cost of the said railway and that thereupon the said railway shall without further assurance be vested in the lessors and owners of the Osborne Bellambi Mines as absolute owners thereof Provided also that the powers and authorities given by this Act shall not in any way limit alter or vary the terms of any lease or agreement now existing between the said firm and the owners of the mine anything before contained to the contrary not- withstanding Provided also that if in the exercise of the powers hereby granted it be found necessary to cross cut through raise sink or use any part of any road whether carriage road or horse road so as to render it impassable for or dangerous or inconvenient to the per- sons entitled to the use thereof the firm shall before the commence- ment of any such operations cause a sufficient road to be made instead of any road interfered with and shall at their own expense maintain such substituted road in a state as convenient as the road interfered with or as nearly as may be and the firm before they use the said lands for any of the purposes aforesaid shall if required so to do separate the same by a sufficient fence from the land adjoining thereto with such gates as may be required for the convenient occupation of such land and shall also to all private roads used by them as aforesaid put up fences and gates in like manner in all cases where the same may be necessary to prevent the straying of cattle from or upon the lands traversed by such roads and in case of any difference between the owners or occupiers of such roads and lands and the firm as to the necessity for such fences and gates such fences and gates shall be put up by the firm as any two Justices of the Peace shall deem necessary for the purposes aforesaid on application being made to them. 4. The railway and locomotive shall be open to public use upon Railway open to payment of a toU to the firm of three-pence per ton per mile the party ""^ puWio. seeking transit supplying and loading his own trucks or waggons and all such trucks when emptied shall be conveyed on their return free of cost. 5. It shall be lawful for the ovroers or occupiers of the lands Branch railways traversed by the said railway to lay down upon their own lands any collateral branches of railway to communicate with the said railway for the purpose of bringing carriages to or from or upon the said rail- way and the firm shall if required at the expense of such owners or occupiers make openings in the rails and such additional lines of rail- way as may be necessary for effecting such communication in places where the communication can be made with safety to the public and without injury to the said railway and without inconvenience to the traffic thereupon and the firm shall not take any rate or toll or other moneys for the passing of any passengers goods or other things along any branch so to be made by any such owner or occupier or other person but this enactment shall be subject to the following restric- tions and conditions (that is to say) — ISTo such railway shall run parallel to the said railway the firm shall not be bound to make any such openings in any place which they shall have set apart for any specific purpose with which such communication would interfere nor upon any inclined plane exceeding one in fifty or bridge nor in any tunnel. 4 A 1106 TATLOE AND WALKEE'S EAILWAT. Power to divert or alter roads. Penalty for not substituting a road. Hoad repairs. 26 Victoria. The persons making or using such branch railways shall be sub- ject to all by-laws and regulations of the firm from time to time made with respect to passing upon or crossing the rail- way and otherwise and the persons making or using such branch railways shall be bound to construct and from time to time as need may require to renew the off-set plates and switches according to the most approved plan adopted by the firm under the direction of their engineer. 6. Por the purposes and subject to the provisions hereinafter con- tained it shall be lawful for the firm their deputies agents servants and workmen and all other persons by them authorized and empowered to divert or alter the course of any road or way crossing the railway or to raise or sink any road or way in order the more conveniently to carry the same over or under or by the side of the railway. 7. If the firm do not cause another sufiicient road to be so made before they interfere with any such existing road as aforesaid they shall forfeit any sum not exceeding twenty pounds for every day during which such substituted road shall not be made after the existing road shall have been interrupted and such penalty shall be paid to the trustees commissioners surveyor or other persons having the manage- ment of such road if a public road and shall be applied for the pur- poses thereof or in case of a private road the same shall be paid to the owner thereof and every such penalty shall be recoverable with costs by action in any of the superior Courts. 8. If in the course of making the railway the firm shall use or inter- fere with any road they shall from time to time make good all damage done by them to such road and if any question shall arise as to the damage done to any such road by the firm or as to the repair thereof by them such question shall be referred to the determination of two Justices and such Justices may direct such repairs to be made in the state of such road in respect of damage done by the firm and within such period as they may think reasonable and may impose on the firm for not carrying into effect such repairs any penalty not exceeding ten pounds per day as to such Justices shall seem fit and any such penalty shall be paid to the surveyor or other person having the management of the road interfered with by the firm if a public road and be applied for the purposes of suohroad or if a private road the same shall be paid to the owner thereof Provided always the said Justices shall have regard to and shall make full allowance for any tolls that may have been paid by the firm on such road in the course of the using thereof. 9. If the line of railway cross any public highway or parish road then either such road shall be carried over the railway or the railway shall be carried over such road by means of a bridge of the height and width and with the ascent or descent by this Act in that behalf here- inafter provided and such bridge with the immediate approaches and aU other necessary works connected therewith shall be executed by and be at all times thereafter maintained at the expense of the firm Provided that with the consent of the Governor with the advice of the Executive Council it shall be lawful for the firm to carry the railway across any highway on the level. Owners crossing. 10. Until the firm shall have made the bridges or other proper communications which they shall under the provisions herein con- tained have been required to make between lands in:tersected by the Bridges to be constructed where railway crosses highway. TATLOE AND WALKER'S EAILWAT. 1107 railway and no longer the owners and occupiers of such lands and any 26 Victoeia. other person whose right-of-way shall he affected, hy the want of such communications and their respective servants may at all times freely pass and repass with carriages horses and other animals directly but not otherwise across any part of the railway made in or through their respective lands solely for the purpose of occupying the same lands or for the exercise of such right-of-way and so as not to obstruct the passage along the railway or to damage the same nevertheless if the owner or occupier of any such lands have in his arrangements with the firm received or agreed to receive compensation for or on account of any such communication instead of the same being formed such owner or occupier or those claiming under him shall not be entitled so to cross the railway. 11. If the railway cross any public highway or parish road or tram- Provisionain way on a level the firm shall erect and at all times maintain good and Ss 'or tram- sufficient gates across such road or tramway on each side of the rail- ways are crossed way where the same shall communicate therewith and shall employ proper persons to open and shut such gates and such gates shall be kept constantly closed across such roads or tramway on both sides of the railway except during the time when horses cattle carts or carriages passing along the same shall have to cross such railway and such gates shall be of such dimensions and so constructed as when closed to fence in the railway and prevent cattle or horses passing along the road or tramway from entering upon the railway and the persons entrusted with the care of such gates shall cause the same to be closed as goonas such horses cattle carts or carriages shall have passed through the same under a penalty of forty shillings for every default therein Provided always that it shall be lawful for the Secretary for Public Works in any case in which he shall be satisfied that it will be more conducive to the public safety that the gates on any level crossing over any such road or tramway shall be kept closed across the rail- way to order that such gates shall be kept so closed instead of across the road or tramway and in such case such gates shall be kept con- stantly closed across the railway except when engines or carriages passing along the railway shall have occasion to cross such road or tramway in the same manner and under the like penalty as above directed with respect to the gates being kept closed across the road or tramway. 12. In case of accidents or slips happening or being apprehended to power to enter- the cuttings embankments or other works of the said railway it ?hall S" toreplTr^ be lawful for the firm and their workmen and servants to enter upon aocidentssubject the land adjoining thereto at any time whatsoever for the purpose of restekSons. repairing or preventing such accidents and to do such works as may be necessary for the purpose but in every case the firm shall within forty- eight hours after such entry make a report to the Secretary for Public Works specifying the nature of such accident or apprehended accident and of the works necessary to be done and such powers shall cease and determine if the said Secretary shall after considering the said report certify that their exercise is not necessary for the public safety Provided also that such works shall be as little injurious to the adjoining lands as the nature of the accident or apprehended accident will admit of and. shall be executed with all possible despatch and full compensation shall be made to the owners and occupiers of such lands for the loss or injury or inconvenience sustained by them respectively by reason of such works , 1108 TATLOE AND WALKEE'S EAILWAT. 26 Victoria, the amount of whict compensation in case of any dispute about the same shall be settled by arbitrators in the manner hereinafter mentioned And provided also that no land shall be taken permanently for any such works otherwise than is herein provided with respect to the lands originally taken for the purpose of making the said railway. Construction of 13. Every bridge to be erected for the purpose of carrying the ro'idl.'^^ "''" railway over any road shall be built in conformity with the following regulations (that is to say) — • The width of the arch shall be such as to leave thereunder a clear space of not less than thirty feet if the arch be over a public highway and of twenty feet if over a parish road and of twelve feet if over a private road. The clear height of the arch from the surface of the road shall not be less than sixteen feet for a space of twelve feet if the arch be over a turnpike road and fifteen feet for a space of ten feet if over a public carriage road and in each of such cases the clear height at the springing of the arch shall not be less than twelve feet the clear height of the arch for a space of nine feet shall not be less that fourteen feet over a private road. The descent made in the road in order to carry the same under the bridge shall not be more than one foot in thirty feet if the bridge be over a public highway one foot in twenty feet if over a parish road and one foot in sixteen if over a private road not being a tramroad or railroad or if the same be a tramroad or railroad the descent shall not be greater than the ruling gradient of such tramroad or railroad. Construction of 14. Every bridge erected for carrying any road over the railway shall raifrS"^^' be built in conformity with the following regulations (that is to say): — There shall be a good and sufilcient fence on each side of the bridge of not less height than four feet and on each side of the immediate approaches of such bridge of not less than three feet. The road over the bridge shall have a clear space between the fences thereof of thirty-five feet if the road be a public high- way and twenty-five feet if a parish road and twelve feet if a private road. The ascent shall not be more than one foot in thirty feet if the road be a turnpike road one foot in twenty feet if a parish road and one foot in sixteen feet if a private road not being a tramroad or railroad or if the same be a tramroad or railroad the ascent shall not be greater than the ruling gradient of such tramroad or railroad. The width of the 15. Provided always that in all cases where the average available exceed the width width for the passing of carriages of any existing road within fifty certeto'S^es" J^^'^^ °^ the points of Crossing the same is less than the width herein- m cases. |jgfQyg prescribed for bridges over or under the railway the width of such bridges need not be greater than such average available width of such roads but so nevertheless that such bridges be not of less width in case of a public highway or parish road than twenty feet Provided also that if at any time after the construction of the railway the TATLOE AND WALKEE'S EAILWAT. 1109 average available width of any such road shall be increased beyond the 26 Victokia. width of such bridge on either side thereof the firm shall be bound at their own expense to increase the width of the said bridge to such extent as they may be required by the trustees or surveyors of such road not exceeding the width of such road as so widened or the maximum width herein prescribed for a bridge in the like case over or under the railway. 16. Provided also that if the mesne inclination of any road within Existing inciina- two hundred and fifty yards of the point of crossing the same or the crossed'or ^ inclination of such portion of any road as may be required to be diverted need altered or for which another road shall be substituted shall be steeper than the inclination hereinbefore required to be preserved by the firm then the firm may carry any such road over or under the railway or may construct such altered or substituted road at any inclination not steeper than the said mense inclination of the roads so to he crossed or of the road so requiring to be altered or for which another road shall be substituted. 17. The firm shall make and at all times thereafter maintain the Works tor following works for the accommodation of the owners and occupiers of owners." lands adjoining the railway (that is to say) : — - Such and so many convenient gates bridges arches culverts and Gates ■bridges &o. passages over under or by the sides of or leading to or from the railway as shall be necessary for the purpose of making good any interruptions caused hj the railway to the use of the lands or any streets not diverted under the powers herein contained through which the railway shall be made and such works shall be made forthwith after the part of the railway passing over such lands shall have been laid out or formed or during the formation thereof. All sufficient posts rails hedges ditches mounds or other fences for Fences, separating the land taken for the use of the railway from the adjoining lands not taken and protecting such lines from trespass or the cattle of the owners or occupiers thereof from straying thereon by reason of the railway together with all necessary gates made to open towards such adjoining lands and not towards the railway and all necessary stiles and such posts rails and other fences shall be made forthwith after the taking of any such lands if the owners thereof shall so require and the said other works as soon as conveniently may be. Also all necessary arches tunnels culverts drains or other passages Drains, either over or under or by the side of the railway of such dimensions as will be sufficient at all times to convey the water as clearly from the lands lying near or affected by the railway as before the making of the railway or as nearly so as may be and such works shall be made from time to time as the railway works proceed. Also proper watering-places for cattle or compensation in lieu Watering places, thereof where by reason of the railway the cattle of any person occupying any lands lying near thereto shall be deprived of access to their former watering-places and such watering- places shall be so made as to be at all times sufficiently supplied with water as theretofore and as if the railway had not been made or as nearly so as may be and the said firm shall make 1110 TATLOE AND WALKEE'S EAILWAT; 26 ViCTOEiA. all necessary watercourses and drains for tte purpose of conveying water to the said watering-places Provided always that the Company shall not be required to make such accom- modation works in such a manner as would prevent or obstruct the working or using of the railway nor to make any accommodation works with respect to which the owners and occupiers of the lands shall have agreed to receive and shall have been paid compensation instead of the making them. Penalty on 18. If any person omit to shut and fasten any gate set up at either r7°ten"ates"^ ^'^^^ °^ ^^^ railway for the accommodation of the owners or occupiers of the adjoining lands so soon as he and the carriage cattle or other animals under ibis care have passed through the same he shall forfeit for every such offence any sum not exceeding ten pounds. Minerals not to 19. The firm shall not be entitled to any mines of coal ironstone slate ^^^' or other minerals under any land vested in them by virtue of this Act except only such parts thereof as shall be necessary to be dug or carried away in the construction of the works hereby authorized. Compensation 20. If within twenty-eight days after the passing of this Act the clause. persons through whose lands the railway shall pass or any of them and the firm shall not agree as to the amount of compensation to be paid by the firm for the said lands belonging to the said parties or any of them or for any damage that may be sustained by them or him by reason of the execution of the works or if any other question as to compensation shall arise under this Act the amount of such compensation shall be settled by arbitrators in manner hereinafter mentioned (that is to say) : — Ap^iointment of Uuless both parties shall concur in the appointment of a single arbitrators. arbitrator each party on the request of the other party shall nominate and appoint an arbitrator to whom such dispute or other matter shall be referred and every appointment of an arbitrator shall be executed by such party and such appoint- ment shall be delivered to the arbitrator or arbitrators and shall be deemed a submission to arbitration on the part of the party by whom the same shall be made and after any such appointment shall have been made neither party shall have power to revoke the same without the consent of the other nor shall the death of either party operate as a revocation and the award of such arbitrators or umpire to be final and if for the space of fourteen days after any such dispute or other matter shall have arisen and after a request in writing shall have been served by the one party on the other party to appoint an arbitrator such last-mentioned party fail to appoint such arbitrator then upon such failure it shall be lawful for the Attorney- General for the time being of the said Colony on the application of the party who has himself appointed an arbitrator to appoint such arbitrator to act on behalf of both parties and such arbitrator may proceed to hear and determine the matters which shall be in dispute and in such case the award or determination of such single arbitrator shall be final and conclusive. Vaiancy in arbi- 21. If before the matter so referred shall be determined any arbi- suppUed. trator appointed by either party shall die or become incapable or refuse or for fourteen days neglect to act as arbitrator the party by TATLOE AND WALKEE'S EAILWAT. HH ■whom sucli arbitrator was appointed may nominate and appoint in 26 Viciokia. writing some other person to act in his place and if for the space of seven days after notice in writing from the other party for that pur- pose he fail to do so the remaining or other arbitrators may proceed alone and every arbitrator so to be substituted as aforesaid shall have the same powers and authorities as were vested in the former arbi- trator at the time of such his death refusal neglect or disability as aforesaid. 22. Where more than one arbitrator shall have been appointed such Appointment of arbitrators shall before they enter upon the matters referred to them ^™P'r«- nominate and appoint by writing under their hands an umpire to decide any matters on which they shall differ or which shall be referred to them under the provisions of this Act and if such umpire shall die or refuse or for seven days neglect to act after being called upon to do so by the arbitrators they shall forthwith after such death refusal or neglect appoint another umpire in his place and the decision of every such umpire on the matters so referred to him shall be final. 23. If in either of the cases aforesaid the arbitrator shall refuse or Attomey- £or seven days after request of either party to such arbitration neglect *^oki?^mn "ire'on to appoint an umpire it shall be lawful for the Attorney- General for neglect. the time being on the application of either party to such arbitration to appoint an umpire and the decision of sucn umpire on the matters on which the arbitrator shall differ or which shall be referred to him under this Act shall be final. 24. If where a single arbitrator shall have been appointed such in case of death arbitrator shall die or become incapable or shall refuse or for fourteen toAhl'matterto days neglect to act before he shall have made his award the matters begin de mto. referred to him shall be determined by arbitration under the provisions of this Act in the same manner as if such arbitrator had not been appointed. 25. If when more than one arbitrator shall have been appointed h either arbitra- either of the arbitrators shall refuse or for seven days neglect to the other to pro- act the other arbitrator may proceed alone and the decision of such <=eeiiea;i!arfa'. other arbitrator shall be as effectual as if he had been a single arbi- trator appointed by both parties. 26. If where more than one arbitrator shall have been appointed if arbitrators and where neither of them shall refuse or neglect to act as aforesaid their award with- such arbitrators shall fail to make their award within twenty-one days ^°yrthl^mrtter after the day on which the last of such arbitrators shall have been to go to the um- appoiated or within such extended time (if any) as shall have been p"^®- appointed for that purpose by both of such arbitrators under their hands the matters referred to them shall be determined by the umpire to be appointed as aforesaid. 27. The said arbitrators or their umpire may call for the production powers of arbi- of any documents in the possession or power of either party which £™*gJo^°^o" they or he may think necessary for determining the question in dis- pute and may examine the parties or their witnesses on oath and administer the oaths necessary for that purpose. 28. Before any arbitrator or umpire shall enter into the considera- Arbitrator or tion of any matters referred to him he shall in the presence of a^'"P"''= "> "*''« 1112 TAYLOR AND WALKER'S RAILWAY. 26VICTOKIA. Justice of tlie Peace make and subscribe the following declaration a declaration for (that is to saj) : — charge of duty. I A. B. do Solemnly ar,d sincerely declare that I will faithfully" and honestly and to the best of my skill and ability hear and determine the matters referred to me under the pro- visions of Taylor and Walker's Railway Act. Made and subscribed ) \ -o in the presence of j Penalty for mis- and such declaration shall be annexed to the award when made and i£ conduct. g^jjy arbitrator or umpire having made such declaration shall wilfully act contrary thereto he shall be guilty of a misdemeanour. Cost of arbitra- 29. All costs of any such arbitration and incident thereto to be borne."" '° ^ settled by the arbitrators shall be borne by the firm unless the arbitra- tors shall award the same or a less sum than shall have been offered by the firm, in which case each party shall bear his own costs incident to the arbitration and the cost of the arbitrators shall be borne by the parties in equal proportions unless the amount awarded shall be one- fourth less than the amount claimed in which case the whole costs shall be paid by the claimant Provided that if either party shall be dissatisfied with the costs allowed by the arbitrators as aforesaid the costs may be taxed by the Prothonotary or other proper officer of the Supreme Court and the amount allowed by such officer shall be the amount of costs to be paid. Award to be 30. The arbitrators shall deliver their award in writing to the firm firm. who shall retain the same and shall forthwith on demand at their own expense furnish a copy thereof to the other party and shall at all times on demand produce the said award and allow the samie to be inspected or examined by such party or any person appointed by him for that purpose and the amount awarded shall be paid within, sixty days after the publication of such award. Submission may 31. 'J}^q submission to any such arbitration may be made a rule of of Court. the Supreme Court on the application of either of the parties. A,™lk »',ZPi'?„ 32. No award made with respect to any question referred to arbitra- tnrougn error in. _ - .. f t • a iiii •tc- t. form. tion under the provisions ot this Act shall be set aside tor irregularity or error in matter of form. Compensation 33. The firm shall make compensation and satisfaction to be ascer- pern^aSenror tained and recovered in case of difference in the manner hereby recurring provided for temporary permanent or recurring injury and all other damage loss cost charges and inconvenience which may in anywise be occasioned to the said owners or occupiers by the non-performance by the said firm of any of the matters and things hereby required to be performed by them or otherwise. Compensation to 34. In every case where the firm shall take temporary possession of t!m^l^' la,nds by virtue of the powers hereby granted it shall be incumbent on occupation. them within one month after their entry upon such lands upon being- required so to do to pay to the occupier of the said lands the value of any crop or dressing that may be thereon as well as full compensation for any other damage of a temporary nature which he may sustain by reason of their so taking possession of their lands and they shall also from time to time during their occupation of the said lands pay half- yearly to such occupier or to the owner of the lands as the case may require a rent to be fixed by two Justices in case the parties differ and shall also within six months after the completion of the railway pay to THOMPSON'S TEUST ESTATE. 1113 such owner and occupier or deposit in the bant for the benefit of all 26 Victoria. parties interested as the case may require compensation for all perma- nent or other loss damage or injury that may have been sustained by them by reason of the exercise as regards the said lands of the powers hereby granted including the full value of all clay stone gravel sand and other things taken from such lands. 35. The following words and expressions in this Act shall have the interpretation meaning hereby assigned to then unless there be something either in " ^"^^' the subject or context repugnant to such construction The word "rail- way" shall mean the railway hereby authorized to be constructed The word "Justice" shall mean Justice of the Peace in and for the territory of New South Wales and where any matter shall be authorized or required to be done by two Justices the expression " two Justices" shall mean two Justices assembled and acting together in Petty Sessions and where under the provisions of this Act any notice shall be required to be given to the owner of any land or where any Act shall be authorized or required to be done with the consent of any such owner the word "owner" shall be understood to mean any person or corporation who under the provisions of this Act would be able to sell land to the firm as also the trustees for the time being of the will of Henry Osborne deceased. 36. This Act shall be styled and cited as " Taylor and "Walker's Short title. Eailway Act." SCHEDULE EEEEEEED TO IN THIS ACT. Commencing on the north-easteru side of Messieurs Walker and Taylor's mine situate near Russellville in the county of Camden thence in a north-easterly direc- tion through lands known as Russellville believed to belong to Francis Peter McCabe a distance of forty-six chains and ten links or thereabouts to the eastern boundary of the said land thence across the parish road from Wollongong to Appin thence in an easterly direction through land believed to belong to Michael Cawley forty-five chains and ninety-four links or thereabouts thence in the same direction through lands believed to belong to Patrick Farragher a distance of twenty- fourchains and twenty-four links or thereabouts to the eastern boundary of said lands thence in a south-easterly direction across Salt Water Creek and thence through land believed to belong to John Cawley a distance of thirteen chains and eight links or thereabouts thence in a south-easterly direction once crossing Hale's tram- way through land believed to belong to Thomas Hale a distance of fifty chains and twenty-six links or thereabouts to the western boundary of an allotment of land the property of the said Walker and Taylor at Bellambi Harbour also com- mencing at a point a distance of three chains and forty-five links or thereabouts in a south-westerly direction from said allotment in a south-easterly and easterly direction through lands believed to belong to Thomas Hale a distance of ten chains and seventy links or thereabouts thence in a north-easterly direction through land believed to belong to the Crown seven chains and thirty links or thereabouts to Bellambi Harbour. THOMPSON'S THUST ESTATE. An Act to enable the Trustee of the will of the late 43 Victoeia. Archibald Thompson to invest the personalty in building upon and improving the Real Estate de- vised by the said will. [7 May, 1880.] WHEEEAS Archibald Thompson late of Sydney in the Colony of Preamble. New South Wales Esquire duly made and executed his last will and testament bearing date the sixteenth day of October one thousand 1114 THOMPSON'S TEUST ESTATE. 43 Victoria, eiglit hundred and seventy-eight and thereby appointed Stephen Campbell Brown and Thomas Thompson the trustees of his said will and devised and bequeathed all his real and personal estate to his said trustees upon trust to convert his personal estate and to stand possessed thereof upon trust after payment of his debts and legacies to invest the same upon real or G-overnment securities in New South "Wales or in the stocks shares or debentures of any public Company except miniag Companies and the said testator declared that the said trustees should stand seized and possessed of his real estate and all such stocks funds and securities as aforesaid upon trust to divide the annual income equally share and share alike to and among his wife Jane Thompson and ail his children and the issue of any deceased child or children during their respective lives or until the final distribution of the said estate as therein provided And after the decease of all his children then as to the corpus of his trust estate and all income since the last division of income in trust for the issue of such of his children as should have left issue living at the period of final distribution such issue to take as tenants in common ^er stirpes as therein provided And whereas the said Archibald Thompson died on the twenty-second day of February one thousand eight hundred and seventy -nine leaving him surviving his wife Jane Thompson and eleven children nine of whom are under the age of twenty-one years And whereas probate of the said will was granted to the said Thomas Thompson on tbe fourth day of April one thousand eight hundred and seventy-nine And whereas the said Stephen Campbell Brown has duly renounced and disclaimed the estates interests and trusts of the said will And whereas the balance of the personal estate of the said testator after payment of debts and legacies now amounts to the sum of four thousand seven hundred pounds or thereabouts And whereas part of the real estate of the said testator consists of a piece of vacant land at Redfem near Sydney aforesaid (which is more particularly described in the Schedule hereto) which is suitable for building purposes And whereas it would be beneficial to all parties interested under the said will that part of the said personal estate should be invested in erecting dwelling-houses and buildings on the said piece of land and in improving and laying out the same but there is no power in the said will for the trustee so to invest the said personal estate And whereas another part of the said real estate consists of a piece of land at Hedf ern aforesaid adjoining the piece of land hereinbefore mentioned on which is erected a cottage known as Eedfern Lodge And whereas it would be beneficial to all parties interested under the said will that part of the said personal estate should be invested in altering and adding to the said cottage so as to obtain a higher rental therefore but there is no power in the said will for the said trustee so to invest the said personal estate 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. It shall be lawful for the said Thomas Thompson or the trustee or trustees for the time being of the said will of the said Archibald Thompson to invest the said personal estate of the said testator or any part thereof in erecting dwelling-houses and buildings on the said piece of vacant land described in the Schedule hereto and in improving and laying out the said piece of land and in altering and adding to the said cottage known as Redfern Lodge. Power to invest personal estate in buildine; on and improving^ real estate. THOMSON'S MAEEIAGE SETTLEMENT. Ill5 2. All moneys so invested sTiall be subject to tlie trusts in the said 43 Victoria. will declared concerning the said real estate of the said testator. Moneys to be subject to trust 3. This Act shall be styled and may be cited as " Archibald Thomp- of win son s Trust Estate Act. Short title. SCHEDULE. Description of Land adjoining Sedfern Lodge. All that piece or parcel of land portion of the late Archibald Thompson's land situate in Pitt-street Redfem county of Cumberland Colony of New South Wales Commencing at the building-line on the westei-n side of Pitt-street at the south corner of dwarf wall and iron railing in front of Redfern Lodge and bounded on the east by the said side of Pitt-street by a line in a southerly direction one hundred and twenty feet on the south side by a line in a westerly direction one hundred and twenty-three feet six inches on the west side by a line in a northerly direction one hundred and twenty feet and on the north side by a line in an easterly direction along the south wall of Kedfern Lodge one hundred and twenty-three feet six inches to the point of commencement. THOMSON'S MARRIAGE SETTLEMENT. An Act for defining the powers of the Trustees or Trustee is Yictoeia. for the time being of the settlement made on the marriage of the Honorable Edward Deas Thomson with Anne Maria his wife and for giving better effect to sales and exchanges made and to be made Pursuant thereto and for other purposes. [24 Sep- tember, 1849.] WHEE/EAS by an indenture bearing date on or about the seven- Preamble, teenth day of September one thousand eight hundred and thirty-three made between Eichard Bourke a Major-G-eneral in the British Army and Grovernor-in- Chief of the territory of New South ^ Wales of the first part Edward Deas Thomson Esquire of the second part Anne Maria Bourke daughter of the said Eichard Bourke of the third part and the Honorable William Westbrooke Burton one of the Judges of the Supreme Court of New South Wales and George Macleay Esquire of the fourth part (being a settlement made in contemplation of a marriage then intended and afterwards had and solemnized between the said Edward Deas Thomson and Anne Maria Bourke) certain lands and hereditaments were conveyed and assured unto the said William Westbrooke Burton and George Macleay ' and their heirs to the uses upon the trusts and for the intents and purposes thereby declared And whereas by the said indenture certain powers of sale and exchange and other powers and authorities are conferred upon the said William Westbrooke Burton and George Macleay and the survivor of them and the heirs of • the survivor And whereas by the same indenture it is provided that in case the said William Westbrooke Burton and George Macleay or any future trustee should die or be desirous of being dis- charged from the trusts thereby created or should neglect or refuse to 1116 THOMSON'S MAEEIAGE SETTLEMENT. 13 ViCTORU. All powers conferred by original inden- ture dated 17th September 1833 on the first trus- tees His Honor W. W. Burton and G. Macleay Egquire to be act in the said trusts at any time before they should be fully per- formed it should be lawful for the said Edward Deas Thomson and Anne Maria Bourke and for the survivor of them and the heirs and executors of such survivor with the consent of the surviving or con- tinuing trustee to nominate or appoint any other person to be a trustee or trustees in the place and stead of them the said William Westbrooke Burton and George Macleay or either of them or such future trustee or trustees as should happen to die or be desirous of being discharged from or neglect or refuse to act in the trusts aforesaid and upon such nomination or appointment that the trustees or trustee for the time being or the heirs or executors of the surviving trustee should release convey surrender transfer and assure all and singular the said trust estate in such manner as that the same might be vested in the surviv- ing or continuing trustee or trustees and the person or persons who should be appointed to be a new trustee or trustees upon the same trusts and for the same purposes as are in the said settlement men- tioned and declared of and concerning the same or to for and upon such of the uses trusts intents and purposes as according to the event and existence of persons should be then subsisting or capable of taking effect which person or persons so to be appointed a trustee or trustees as aforesaid it was thereby declared should and might from thenceforth act in the management and execution of the aforesaid trusts or such of them as should be then subsisting or capable of taking effect as fully and effectually in all respects and with the like indemnification as he or they might have done in case he or they had been originally appointed a trustee or trustees for the purposes aforesaid And whereas in exercise of the said power of appointing new trustees in the stead of retiring trustees divers appointments have from time to time been made and by virtue of the last of such app6intments G-eorge Kenyon Holden of the city of Sydney aforesaid solicitor and William Macpher- son of Sydney aforesaid Clerk of the Legislative Council are now the trustees of the said indenture And whereas doubts have arisen whether the language of the said indenture with respect to the powers of sale and exchange and other the powers and authorities thereby granted to and exercisable by the said William Westbrooke Burton and George Macleay and the survivor of them and the heirs of the survivor is according to strict and legal construction sufficient to include the said George Kenyon Holden and William Maopherson and the trustees or trustee for the time being of the said settlement so as that the said powers may be exercised by the said George Kenyon Holden and William Maopherson or by the said trustees or trustee And whereas the power to the trustees or trustee of giving final receipts and discharges to purchasers and others as usual in settlements of the like nature is not sufficiently expressed in the said settlement And whereas the intentions of the parties to the said indenture and the advantages to accrue from the said settlement to the parties beneficially interested therein will be defeated or greatly diminished unless the doubts sub- sisting as to the powers of the trustees or trustee for the time being of the said indenture in the matters aforesaid be removed Be it there- fore enacted by His Excellency the Governor of New South Wales with the advice and consent of the Legislative Council thereof That the powers of sale and exchange and all other the powers and authorities conferred by the said indenture upon the said William Westbrooke Burton and George Macleay the original trustees of the said indenture shall be held and construed to be and to have been conferred upon THOMSON'S MAEEIAQE SETTLEMENT. 1117 and transferred or transferable to- tKe said George Kenyon Holden 13Victoeia. and William Macpherson and other the trustees or trustee past or deemed to have future of the said indenture and shall and may be and be considered upon th^present to have been exercised in like manner as if the words "or the trustees and future or trustee for the time being" had been inserted throughout the said "^'^*^^^- indenture after the names of the said "William "Westbrooke Burton and G-eorge Macleay instead of or in addition to the words " or the survivor of them or the heirs of the survivor" and as if in and by the said recited provision for the appointment of new trustees the right to exercise the said powers and authorities had been in express terms declared to be transferred together with the right of acting in the trusts of the said indenture and that every or any receipt in writing given by the said "William "Westbrooke Burton and George Macleay or either of them or by the said George Kenyon Holden and William Macpherson or either of them or given or which shall be given by any other the trustees or trustee for the time being of the said indenture while acting in the trusts thereof to any purchaser or other person who shall have paid or shall pay any moneys to the said William Westbrooke Burton and George Macleay or the said George Kenyon Holden and WilHam Macpherson or other the said trustees or trustee for the time being (past or future) of the said settlement shall operate as an efEectual discharge for the moneys therein expressed to be received and to release the person paying the same from all responsi- bility as to the application or non-application thereof. 2. And whereas divers parts of the land comprised in the said set- tlement are so situated as to be convertible to profitable account by the sale thereof in allotments for building upon divers terms as to credit for purchase money interest and security for the same and upon other conditions requiring an extension of the powers of trustees to confirm and give legal effect to such sales And whereas it is con- sidered that the proceeds of such sales or the other trust moneys from time to time in the hands of the trustees or trustee for the time being of the said settlement or a portion thereof may from time to time be advantageously expended or invested in buildings or other improve- ments on other parts of the trust property or upon real or Govern- ment security in Great Britain or Ireland or in securities of the Government of New South Wales or some other Colony or Colonies of Great Britain and the advantages to be derived from the improved and marketable value of the trust property will be greatly impaired unless the powers of the trustees or trustee for the time being of the said settlement be defined and extended for the purposes aforesaid and otherwise as hereinafter mentioned and enacted Be it therefore Trustees to be enacted that as to any land and hereditaments part or parcel of the h^^^^ to have trust property to the sale of which the consent in writing of the said power to sell Edward Deas Thomson and Anne Maria Deas Thomson has been given confeit°o? "'"'' or of them or the survivor of them shall at any future time be given Honorable also in writing as aforesaid the trustees or trustee for the time being Thomson md shall be deemed to have had and shall have sufficient authority to sell ^'^^- Thomson, such lands and hereditaments either by public sale or private contract and either in one or more parcels or allotments to any purchaser or purchasers to whom and for any price or prices for which the same shall have been or shall be sold by such trustees or trustee without proof of such consent as aforesaid in regard to the individual purchaser or purchasers price or prices or other incidents of the sale of such parcels or allotments respectively. 1118 THOMSON'S MAHEIAGE SETTLEMENT. 13 ViCTOKIA. Trustees may grant a limited credit to pur- chasers of land retaining suffi- cient security on the land and may invest trust moneys upon mortgage of said lands or portions thereof. Trustees may with consent of Honorable Edward Deas Thomson and Mrs. Thomson invest moneys in Government securities. Tnistees may grant right of way in over and through streets delineated on plan. This Act to apply to convey- ances &c. already 3. And be it enacted that it shall be lawful for the trustees or trustee for the time being of the said settlement to allow to any pur- chaser or purchasers of the said land or any part or parts thereof credit for any number of years not exceeding ten years for payment of his or her purchase money or any part thereof upon such terms as to interest or otherwise as may by the trustees or trustee for the time being of the said settlement be deemed proper Provided that the land shall remain unconveyed or be otherwise rendered a security for the unpaid purchase money together with interest thereon until the same shall have been paid and further that either as a part of the contract of purchase or otherwise it shall be lawful for the trustees or trustee for the time being of the said settlement to lay out and invest any part of the proceeds of the sale of the said land or any other land originally comprised in the said trusts or any part of the said trust moneys upon mortgage of the same or of any other part of the said land to be taken from any purchaser or purchasers thereof or his her or their heirs or assigns. 4. And be it enacted that it shall be lawful for the trustees or trustee for the time being of the said settlement with the consent of the said Edward Deas Thomson and Anne Maria Deas Thomson or the survivor of them and after the decease of the survivor at the discretion of the trustees or trustee for the time being of the said settlement to invest the moneys arising from the said sale or sales and all other the moneys belonging to the trusts of the said settlement either at interest upon real securities or upon securities of the G-overnment of Great Britain or of the G-overnment of New South Wales or of any other Colony or Colonies of G-reat Britain or in erecting buildings or making improvements or repairs in and upon unsold portions of the trust estate for the time being or upon purchase of other lands and here-, ditaments in New South Wales or Great Britain or Ireland as th& trustees or trustee for the time being of the said settlement shall with such consent or at such discretion as aforesaid think fit and that either or any of the modes of investment aforesaid shall be deemed and construed to be equally in accordance with the intent and meaning of the trusts of the said settlement. 5. And be it enacted that if in the conveyance or conveyances to any purchaser or purchasers by the trustees or trustee for the time being of the said settlement or any part of the land mentioned and comprised in the said settlement the trustees or trustee for the time being of the said settlement shall grant any right-of-way in over or through any streets roads or ways delineated in a plan contained in or mentioned or referred to in such conveyance or conveyances such purchaser or purchasers shall have and possess the same right-of-way in over and through such streets roads or ways (provided such right-of- way shall be over or through some part of the land mentioned and comprised in the said settlement and not otherwise sold or disposed of), in such manner as such purchaser or purchasers could or might have had if the trustees or trustee for the time being of the said settlement were themselves the absolute owners of the soil of the said streets roads or ways in their own right and had granted the said right-of-way, in and over such streets roads or ways and that none of the trusts or uses of the said settlement shall thereafter prevail against any such, right-of-way as aforesaid. 6. And be it enacted that all conveyances receipts or other acts and deeds of the present or any former trustee or trustees of the said THEOSBT'S LEASING. 1119 settlement already executed given or done in relation to the trusts of 13 Victoeia. the said settlement stall have as full force and effect as if the same executed by had been executed given or done after the passing of this Act. former 01; pre- '*-' r & sent trustees. 7. And be it enacted that this Act shall be deemed to be a pubHc This Act to be Act and shall be judicially taken notice of as such in all cases without iot""^*^ * p"^''" being specially pleaded. THEOSBY'S LEASING. An Act to enable Elizabeth Throsby and certain other 39 Victoria. persons interested under the will of the late Charles Throsby Esquire to grant building and other leases of certain lands near Moss Vale. [25 April, 1876.] WHEEEAS Charles Throsby late of Throsby Park in the county Preamble. of Camden in the Colony of New South Wales Esquire deceased duly made and published his last will and testament in writing bearing date the eleventh day of August one thousand eight hundred and fifty- two whereby after certain specific devises and bequests the said testator devised his messuage or dwelling-house lands and hereditaments known as Throsby Park and containing by grant from the Crown one thousand acres unto his wife during her life if she should so long continue his widow (without impeachment of waste) and subject to such estate and interest therein the said testator devised the same together with other estates to his eldest son Charles Throsby during his life (without impeachment of waste) and from and immediately after his decease unto to such one or more of his sons and for such estate or estates and charged or chargeable with such sum or sums of money in favour of and for the benefit of any one or more of his sons and in such manner and form as his said son Charles Throsby should by will appoint and in default of and subject to such appointment unto the sons of his said son Charles Throsby successively in tail male And upon failure of issue male of his said son Charles unto his second son James Throsby for his life with a like power of appointment in favour of his sons as was thereinbefore given to the testator's son Charles in favour of his sons and in default of and subject to such appointment to every son of the said testator's second son James Throsby in succession in tail male so that every elder son of the testator's said second son and his issue male might be preferred to every younger son and his issue male and upon failure of issue male of his said second son unto the said testator's several other sons successively one after another according to seniority for life (without impeachment of waste) with a like power of appoint- ment by each of them successively in favour of their respective sons .as thereinbefore given to his the said testator's said son Charles in favour of his sons And in default of and subject to such appointment to every son of his the said testator's said several other sons respectively in suc- cession in tail male so that every elder son of his said other sons respectively and his issue male might be preferred to every younger son and his issue male and in default of issue of all his the said testator's sons unto his own right heirs for ever And whereas the said testator died on the twenty-seventh day of September one thousand eight hundred and fifty-four without having revoked or altered his said will 1120 THEOSBT'S LEASING. 39 VlCTOEIA. Power to grant buildings or other leases. SO far as tlie same related to the hereinbefore recited devise and leaving liis widow the said ElizabethThrosby and his six sons Charles Throsby James Throsby Oliver Spencer Throsby Patrick Hill Throsby Archer Broughton Throsby and Nicholas Herbert Throsby him surviving which said six sons were born in the order of seniority in which they are above named And whereas the said Charles Throsby eldest son of the said testator died on the ninth day of March one thousand eight hundred and fifty-nine and the said James Throsby on the twelfth day of July one thousand eight hundred and sixty and the said Oliver Spencer Throsby on the sixteenth day of June one thousand eight hundred and seventy -four all of them respectively without issue leaving the said Patrick Hill Throsby the eldest surviving son of the said testator and the said Patrick Hill Throsby has issue two sons And whereas the piece or parcel of land and hereditaments particularly mentioned and described in the Schedule hereto are and comprise a portion of the said testator's lands and hereditaments so devised as hereinbefore recited. And whereas there is no power in the said will contained authorizing any person to grant leases of the premises so devised as hereinbefore recited or any portion thereof And whereas the said piece or parcel of land in the Schedule hereto set forth is of little value in the absence of any power of leasing the same Ajid whereas the said piece or parcel of land is by reason of the construc- tion of a public railway line and railway station adjacent thereto well adapted for and would become of permanent and considerably greater value if building and other leases could be granted and it would be for the benefit of all parties interested in the said piece or parcel of land and to the public that there should be a power of granting such building or other leases for long terms of years And whereas several allotments of land forming portion of the said piece or parcel of land in the Schedule hereto set forth have been from time to time demised by the said Elizabeth Throsby and the sons of the said testator surviv- ing at the time of such demise respectively to several persons for various terms and for the best yearly rent that could be obtained for the same and the said several persons have been in possession of the said lands so respectively demised to them as aforesaid for some time and have upon faith of such demises erected houses and other buildings thereon and have otherwise improved the said lands And whereas it is just and right that power should also be given to confirm the leases already granted as hereinbefore mentioned and to make good the title of the several lessees in and to the respective premises so demised to them as aforesaid 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 authority of the same as follows : — 1. It shall be lawful for the said Elizabeth Throsby during her widowhood with the concurrence of the person for the time being then next entitled to a life estate or any greater estate in the said piece or parcel of land and hereditaments mentioned in the said Schedule hereto or during the minority of any such person the guardian of his estate and after the death or marriage of the said Elizabeth Throsby then for such person so next entitled or his guardian to lease either the whole or any part of the said piece or parcel of land and hereditaments to any person who shall covenant to improve the same by erecting and building thereon any house or building and to repair and rebuild any house or building which shall be hereafter standing thereon or by THEOSBT'S LEASING. 1121 otherwise expending in improvement sucli moneys as shall be deemed 39 Victoria. adequate to the interest to be parted with for any term not exceeding ninety-nine years for a building or twenty-one years for an agricul- tural or occupation lease to take effect in possession and not in rever- eion or by way of future interest so as there be reserved in every such lease the best yearly rent to be incident to the immediate reversion that can be reasonably obtained and to be made payable half-yearly or oftener without taking any fine or other benefit in the nature of a fine for the making thereof and so that there be contained in every such lease a condition of re-entry for non-payment of reutwithiu a reason- able time to be therein specified or for non-observance or non-perform- ance of covenants by the lessee and so that the lessee do execute a counterpart thereof and do thereby covenant for payment of the rent thereby reserved and be not by any express words therein made dis- punishable for waste. 2. It shall be lawful for the persons in the preceding section men- Power to con- tioned to confirm any lease or agreement for a lease of any piece or ready granted. parcel of land forming portion of the said piece or parcel of land and hereditaments in the said Schedule hereto mentioned already granted or made by the said Elizabeth Throsby and other persons as hereinbefore recited and thereupon all such leases and agreements shall be and remain in force as though they had been granted and made by virtue of this Act. 3. This Act may be cited as " Throsby's Leasing Act." Short title. SCHEDULE. All that piece or parcel of land situate lying and being in the parish of Bong Bong county of Camden and Colony of New South Wales and being portion of Charles Throsby's one thousand acre grant on the north of White's Creek Commencing at a point formed by the intersection of the centre of White's Creek with the south- eastern side of the Old Argyle Road and bounded on the south-west by said White's Creek south-easterly about five chains ninety links on the south-east by other part of said grant by lines partly fenced bearing north twenty-seven degrees forty-five minutes east fourteen chains forty-five links north thirty degrees east twelve chains seventy-two links and east twelve degrees north twenty chains fifteen links on the north-east by the road from Yarrawa and Burro wang bearing north thirty-eight degrees thirty minutes west seven chains ten links and on the north-west by the Old Argyle Road to Sutton Forest aforesaid bearing south-westerly forty-nine chains seventy links to the point of commencement and containing an area of about thirty acres to the said several dimensions a little more or less. An Act to amend Throsby's Leasing Act. [20 June, 40 Victoria 1877.] WHEREAS by an Act passed in the thirty-ninth year of the reign preamble. of Her present Majesty Queen Victoria and intituled An Act to enable Elizabeth Throsby and certain other persons interested under the will of the late Charles Throsby Esquire to grant building and other leases of certaiu lands near Moss Vale after reciting (inter alia) that several allotments of land forming portion of the piece or parcel of land in the Schedule thereto set forth had been from time to time demised by Elizabeth Throsby widow of Charles Throsby of Throsby Park in the county of Camden Colony of New South "Wales Esquire deceased and the sons of the said Charles Throsby surviving at the 4 B 1122 THEOSBT'S LEASING. 40 VioTOBiA. time of such demise respectively to several persons for various terms and for the best yearly rent that could be obtained for the same and that the said several persons had been in possession of the said lands so respectively demised to them as aforesaid for some time and had upon faith of such demises erected houses and other buildings thereon and had otherwise improved the said lands And also reciting that it was just and right that power should also be given to confirm the leases already granted as thereinbefore mentioned and to make good the title of the several lessees in and to the respective premises so demised to them as aforesaid It was enacted that it should be lawful for the said Elizabeth Throsby during her widowhood with the con- currence of the person for the time being then next entitled to a life estate or any greater estate in the said piece or parcel of land and hereditaments mentioned in the said Schedule thereto or during the minority of any such person the guardian of his estate and after the death or marriage of the said Elizabeth Throsby then for such person so next entitled or his guardian to lease either the whole or any part of the said piece or parcel of land and hereditaments subject to the provisions of the said Act And it was further enacted that it should be lawful for the persons aforesaid to confirm any lease or agreement for a lease of any piece or parcel of land forming portion of the said piece or parcel of land and hereditaments in the said Schedule thereto already granted or made by the said Elizabeth Throsby and other persons as thereinbefore recited and thereupon all such leases and agreements should be and remain in force as though they had been granted and made by virtue of the now reciting Act. And whereas the lease firstly mentioned in the Schedule hereunder written was signed by William Whaley Billyard as agent for Nicholas Herbert Throsby then resident in England one of the sons of the said testator Charles Throsby And whereas both the said leases referred to in the Schedule hereunder written were in pursuance of the provisions of the said recited Act duly confirmed by the said Elizabeth Throsby and the person next entitled to a life or any greater estate in the lands com- prised in the Schedule to the said Act And whereas after the passing of the said Act it appeared that the said leases were not signed by the whole of the sons of the late Charles Throsby deceased surviving at the time of the granting of the same And whereas the said leases have since been confirmed by the said Nicholas Herbert Throsby and Archer Broughton Throsby the sons of the said Charles Throsby deceased who had not previously signed the same And whereas the said leases and the respective terms thereby granted have since the passing of the said recited Act been assigned to John CuUen of Moss Yale in the county of Camden aforesaid innkeeper And whereas since such confirmation as aforesaid doubts have arisen as to the validity of the said leases and assignment thereof by reason of the said leases not having been executed by the whole of the sons of the said Charles Throsby deceased at the time of the granting of the same And whereas it is expedient to remove any such doubts and to declare the said leases and assignment to be valid in law and in equity 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. That the said leases and assignments shall be deemed and taken to be valid both at law and in equity. Leases under Act valid. THROSBT'S LEASIN&. 1123 2. Ttis Act may be cited as tlie " Throsby's Leasing Act Amend- 40 Victoria. ment Act" and shall be read witb and as forming part of the " Throsby's Short title Leasing Act." SCHEDULE. Parties of one part or lessors. Party of other part or lessee. Terms. Yearly rental. Description of demised premises. Indenture of lease. 18 July 1867. IJuly 1874. Elizabeth Thros hy Oliver Spencer Thros by Patrick Hill Throsby Archer Brough- ton Throsby and Nicholas HerbertThros- by by William Whaley Bill- yard. Elizabeth Thros by Oliver Spencer Thros- by Patrick Hill Throsby Nicholas Her bert Throsby Oliver Spencer Throsby and Wm. Whaley Billyard. Martin Larkin 99 years 99 years from 18 July 1867. £ 20 All that piece or parcel of land con- taining one acre nine perches more or less having a frontage to the old Agyle Boad of two chains north- west further ex- tending in a south- easterly direction to a reserved road of five chains and twenty-nine links bounded on the north side by allotment number seven and on the south by allot- ment numberfive. All that piece or parcel of land con- taining one acre fourteen perches more orless having a frontage to the old Argyle Road of two chains and six links or there- abouts north-west further extending in a south-easterly direction to a. reserved road of five chains and twenty-nine links, bounded on the- north side by allotment number eight 'and on the south by allot- ment number six and which parcel of land is more particularly delin- eated in the plan to the said lease annexed and is thereon denoted by a pink border. 1124 Preamble. TOMAGO COAL-MINING COMPANY. 25 VicTOEiA. An Act to incorporate the Tomago Coal-mining Com- pany. [29 October, 1861.] WHEEEAS a Joint Stock Company called the Tomago Coal-mining Company has been lately established at Sydney in the Colony of R"ew South Vales under and subject to the rules regulations and jiro- visions contained in a certain deed of settlement bearing date the twenty-first day of September in the year of our Lord one thousand eight hundred and sixty-one purporting to be the deed of settlement of the said Company And whereas by the said deed of settlement the several parties thereto have respectively and mutually covenanted and agreed that they whilst holding shares in the capital of the said Company shall be and continue until dissolved under the provisions in that behalf therein contained a joint stock Company or partnership under the name style and title of the Tomago Coal-mining Company for working or contracting for the working of the coal and other minerals in or upon any land of which the said Company may from time to time be owners or lessees for purchasing or taking on lease coal or other mineral lands or the coals or other minerals thereupon or there- under and for working the same for following up and acting upon any trade or purpose mentioned in any regulations for the management or conduct of coal or other mines in the said Colony of New South Wales for purchasing the necessary machinery for working the said mines for testing the mining capabilities of any land purchased or taken on lease or intended to be purchased or taken on lease or the coal or minerals whereon are or may be purchased or taken on lease or intended to be purchased or taken on lease by the said Company for draining any mines or any other purposes in connection therewith for exporting selling or otherwise disposing of all coal or other minerals to be raised from any land belonging to or taken on lease by the said Company or from any land whatever for disposing of the timber on any such land for raising fire-clay for making and disposing of fire-bricks for making and disposing of coke for letting or selling any such lands for con- structing railways roads wharves and other matters necessary for the promotion of the objects of the said Company and for such other pur- poses as shall from time to time be agreed on as thereinafter mentioned And it was by the same deed of settlement agreed that the capital of the said Company should consist of twenty thousand pounds to be contributed in five thousand shares of four pounds each and of such further sum or sums as might thereafter be raised by the creation and sale of new shares of the like amount as therein provided And whereas by the same deed of settlement provision has been made for the due management of the aif airs of the Company by certain directors already appointed and by other directors to be from time to time elected and appointed as their successors by the shareholders of the said Company And whereas the said Company is desirous of being incorporated and it is expedient that the said Company should be incorporated accordingly subject to the provisions hereinafter contained Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and TOMAGO COAL-MINING COMPANY. 1125 consent of tbe Legislative Council and Legislative Assembly of New 25 Victokia. South "Wales in Parliament assembled and by the authority of the same as follows : — 1. Such and so many persons as have already become or at any Company incor- time or times hereafter shall and may in the manner provided by and P*"'"'^'^- subject to the rules regulations and provisions contained in the said deed of settlement become shareholders or proprietors 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 by name and in deed by the name of the Tomago Coal-mining 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 im- pleaded in all Courts whatsoever at law or in equity and may prefer levy and prosecute any indictment information and prosecution against any person whomsoever whether a shareholder or not for any stealing embezzlement fraud forgery or other crime or offence and in all indict- ments informations and prosecutions it shall be lawful to state the money and goods effects bills notes securities or other property of the said 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 allega- tion of an intent to defraud or otherwise howsoever such designation shall be necessary and the said corporation shall have perpetual suc- cession with a common seal which 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 con- Deed of settie- tained in the said deed of settlement or to be made under or by virtue "'™' confirmed or in pursuance thereof shall be deemed and considered to be 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 or repealed by or are or shall or may be inconsistent or incompatible with or repugnant to any of the provisions of this Act or of any of the laws or statutes 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. 3. It shall be lawful for the said corporation from time to time to increase of extend or increase its capital for the time being by the creation and "^P'**'- disposal of new shares in the manner specified and set forth and sub- ject to the rules regulations and provisions contained in the said deed of settlement. 4. The capital or joint stock for the time being and all the funds Capitaiand and property of the said corporation and the several shares therein and son^ity ° ^^ ^°'' the profits and advantages to be derived therefrom shall be and be deemed to be personal estate and be transmissible accordingly subject to the regulations of the said deed of settlement. 5. The corporation shall not be bound by any trusts or equitable Trusts or equit- interests or demands affecting any shares of the capital standing in the afectingr^'^ name of any person as the ostensible shareholder or proprietor thereof or be required to take any notice of such trusts or equitable interests 1126 TOMAGO COAL-MINING COMPANY. •25 VlCTOKIA. Power to take and hold lands &o. Conveyance to the corporation. Dividend from the profits. Actions or suits for calls. or demands but the receipt of the person in wtose name the shares shall stand in the books of the said 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 corporation for or in respect of such shares and a transfer of the said shares in accordance with the regulations in that behalf contamed in the said deed of settlement by the person in whose name such shares shall so stand shall notwithstanding as aforesaid be binding and con- clusive as far as may concern the said corporation agaigst all persons claiming by virtue of such trusts or equitable interests or demands Provided always that nothing therein or herein 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 corporation in respect of any such shares or the transfer thereafter of any such shares or to direct the payment of such dividend or other money 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 notwithstanding any statute or law to the contrary to purchase take hold and enjoy to them and their successors for any estate term of years or interest or under license any coal or other mineral lands whatsoever and all such houses of&cea buildings and other lands and hereditaments as may be necessary or proper for the purpose of managing and conducting and carrying on the affairs concerns and business of the said corporation and to sell convey assign assure lease and otherwise dispose of or act in respect of such coal or other mineral lands houses offices buildings and other lands and hereditaments as occasion may require. 7. It shall and may be lawful to and for all persons who are or shall be otherwise competent so to do to grant sell alien and convey demise assign assure and dispose of unto and to the use of the said corporation and their successors for the purposes aforesaid or any of them any such houses offices lands mines minerals hereditaments and other real estate whatsoever as aforesaid accordingly. 8. No dividend or bonus shall in any case be declared or paid out of the subscribed capital for the time being of the said Company or otherwise than out of the declared surplus capital and net gains and profits thereof. 9. In any action or suit to be brought by the said corporation against any shareholder or proprietor of any shares in the capital of the said corporation to recover any sum of money due and payable to the said corporation for or by reason of any call made by virtue of this Act or of the said deed of settlement it shall be sufficient for the corporation to declare and allege that the defendant being a holder of such or so many shares in the capital of the said corporation is indebted to the said corporation in such sum of money (as the calls 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 action hath accrued to the said corporation 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 making such call was a holder or proprietor of one or more share or shares in the capital of the said corporation and that such call was in fact made and that such notice TOMAG-0 COAL-MINING COMPANY. 1127 ftereof and of the time fixed for the payment thereof was given as is 25 Vktoeu, directed by the said deed of settlement and the said corporation shall thereupon he entitled to recover what shall appear due. 10. The share register of the said Company shall at all times be share register to, primd facie evidence to show who are the shareholders or proprietors ownersw "^ °' for the time being of the capital thereof and the number of shares held °™^" '^' by each shareholder. 11. Nothing herein contained shall prejudice or be deemed to pre- Contracts &c. judice any call made or any contract or other act deed matter or thing ofs^eTtiemen?'' entered into made or done by the said Company prior to or under or before Act. by virtue of the said deed of settlement before this Act shall come into operation but the same call contract act deed matter or thing shall be as valid and effectual to all intents and purposes as if this Act had not been passed and may be enforced in like manner as if the said Company had been incorporated before the same call contract act deed matter or thing had been made entered into or done. 12. In the event of the assets of the corporation being insufficient to Liability of meet its engagements the shareholders shall in addition to the amount shareholders, of their subscribed shares in the capital of the said corporation be responsible to the extent only of a sum equal to the amount of their said shares. 13. The directors for the time being shall have the custody of the custody and use common seal of the said corporation and the form thereof and all °' corporate other matters relating thereto shaU from time to time be determined by the board of directors in the same manner as is provided in and by the said deed of settlement for the determination of other matters by the board of directors And the directors present at a board of directors of the said corporation shall have power to use such common seal for the affairs and concerns of the said corporation and under such seal to authorize and empower any person without such seal to execute any deed and do all or 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 deed of settlement and of this Act But it shall not be necessary to use the corporate seal in respect of any of the ordinary business of the Company or for the appointment of an attorney or solicitor for the prosecution or defence of any action suit or proceeding. 14. The directors of the said Company appointed by the said deed Retirement and of settlement shall go out of oiEce in the manner provided by the deed ^ire^t"^"' of settlement And vacancies in the directors shall be filled up at the times and in manner provided by the said deed of settlement and shall otherwise be subject to the several provisions therein in that behalf contained. 15. It shall and may be lawful for the board of directors in pursu- Power to borrow ance of a resolution to that effect to be passed at special general d"i,"nt^ef® °' meetings of the shareholders to be called for the purpose from time to time to borrow upon mortgage of the property of the Company or upon debentures chargeable thereon issued under the hands of any two of the directors named in such resolutions any sum or sums of money not exceeding in the whole an amount equal to one-half of the paid-up capital of the Company Provided always that the shareholders present at any such meeting either in person or by ]3roxy specially given for the occasion shall hold shares representing not less than one-third of the paid-up capital of the Company. 1128 UNDEEWOOD'S ESTATE. 25 Victoria. 16. TBis Act sliall be deemed and taken to be a public Act and shall Act to be deemed be judicially taken notice of as such by the Judges of the Supreme a public Act. Court of New South Wales and by all other Judges Justices and others To be cited ag within the Colony of New South Wales and its dependencies without Coai-mMng beiug specially pleaded and the same whenever cited shall be sufficiently Company's described as the " Tomato Coal-mining Company's Incorporation Act Incorporation -, (-,„- ,, ° o i ./ j. Act 1861. iOOi. Interpretation 17. And be it enacted that in this Act the following words shall have the following meanings hereby assigned to them unless there be something in the subject or context repugnant to such construction (that is to say) words importing the plural number shall include the singular and words importing the masculine gender shall include females and bodies corporate as well as individuals. UNDERWOOD'S ESTATE. 36 VicTOEiA. An Act to authorize tlie sale of the lands and heredita- ments devised by the will of the late James Under- wood and the payment of the proceeds thereof into the Supreme Court. [23 April, 1873.] Preamble. "YTTHEEEAS James Underwood late of Sydney deceased being VV seized of the lands and hereditaments hereinafter mentioned and described duly made and executed his last will and testament in writing bearing date the twelfth day of March in the year one thousand eight hundred and forty which in so far as the same related to his real estate was in the words following that is to say "I give and devise unto John Campbell Esquire and Eobert Campbell the younger Esquire both of the wharf George-street in Sydney aforesaid all my messuages lands tenements and hereditaments whatsoever and where- soever and which I have power to dispose of by this my will To hold the same unto the said John Campbell and Eobert Campbell their heirs and assigns for ever upon the trusts hereinafter declared that is to say upon trust that they my said trustees or the survivor of them or the trustees or trustee for the time being of this my will do and shall stand and be possessed of my said real estates in the manner following that is to say As to my house and premises situated in G-eorge-street in Sydney aforesaid occupied by Mr. Erancis Gaunson at the yearly rent of three hundred and thirty pounds also my house and premises in the same street occupied by Mr. Samuel Peek at the yearly rent of two hundred pounds upon trust for my son Joseph Underwood and his assigns during his life and from and after his' decease upon trust for all and every such one or more child or children of the said Joseph Underwood in equal shares and proportions as tenants in common in tail with cross remainders between them in tail and if there shall be but one such child the whole to be in trust for such only child in tail and do and shall stand and be possessed of my house and premises in George-street aforesaid occupied by Messrs. Hebblewhite and Vickery at the yearly rent of two hundred and fifty pounds also my house and premises in the same street occupied by the said Samuel Peek for a term of five years at the yearly rent of two UNDEEWOOD'S ESTATE. 1129 hundred pounds for my son Edward Underwood and his children and 36 Victobia. do and shall stand and be possessed of my house and premises in George-street aforesaid occupied by Mr. Cohen at the yearly rent of two hundred and twenty pounds also my house and premises in the same street occupied by Mr. William Perry at the yearly rent of one hundred and ninety pounds for my son Eichard Underwood and his children and do and shall stand and be possessed of my house and premises situated in Queen-street in Sydney aforesaid occupied by the said Messrs. Hebblewhite and Vickery at the annual rent of one hundred pounds also one hundred acres of land situated on the Liverpool Eoad occupied by Mr. John Ireland and his wife at the annual rent of fifty pounds for my son William Underwood and his children and do and shall stand and be possessed of my premises in Underwood-street in Sydney aforesaid occupied by Mr. William Underwood at the yearly rent of twenty-six pounds also two hundred acres of land on the Parramatta Eoad called Fleming's Farm occupied by Mr. Potts with other lands for my son Thomas Underwood and his children and do and shall stand and be possessed of my land situated between George-street aforesaid and New Pitt-street at present unoccupied as to one-third part thereof for my said son Edward Underwood and his children and as to one other third part thereof for my said son William Underwood and his children and as to the remaining third part thereof for my grandson George Grimes son of my daughter Mary Ann the wife of George Grimes of Sydney aforesaid master mariner and his children and do and shall stand and be possessed of three hundred and nine acres of land or thereabouts formerly Powell's property and now occupied by the said Mr. Potts and my land at Long Cove containing one hundred and seventy -five acres occupied by Mr. William Tavener and the said John Ireland as to one-fourth part thereof to my said son Joseph Underwood and his children and as to one other fourth part thereof for my said son Edward Underwood and his children and as to one other fourth part thereof for my said son Eichard Underwood and his children and as to the remaining fourth part thereof for my said grandson George Grimes and his children and do and shall stand and be possessed of my premises occupied by Mr. William Abercrombie and all other my lands situated on or near the South Head Eoad and all the residue of my said real estate whatsoever and wheresoever which I shall be seized of or entitled to at the time of my decease as to one-fifth part thereof for my said son Joseph Underwood and his children as to one other fifth part thereof for my said son Edward Underwood and his children and as to one other fifth part thereof for my said son Eichard Under- wood and his children and as to one other fifth part thereof for my said son William Underwood and his children and as to the remaining fifth part thereof for my said son Thomas Underwood and his children Upon such and the same trust respectively for such and the same estates and interests respectively as I have hereinbefore declared of the messuages and premises first hereinbefore devised to my said son Joseph Underwood and his children and as if I had again declared and repeated these trusts each time that I devised my remaining property using the names of the party or parties for whom the same are intended and I do hereby declare that in case any or either of my said five sons shall depart this life without leaving any child or children him or them surviving then I devise the share or shares of such son or sons unto and equally between the survivors and survivor of them my said sons and their respective heirs as tenants in common in tail" And whereas 1130 UNDEEWOOD'S ESTATE. 36 VicTOKiA. the said James Underwood died on the nineteenth day of Eebruary in the year one thousand eight hundred and forty-four -without having altered or revoked his said will and leaving the several persons therein named him surviving And whereas the estates by the vrill of the said James Underwood originally vested in the said John Campbell and Eobert Campbell are now at an end And whereas the said will of the said James Underwood contains no power or authority for the sale of the said lands and hereditaments thereby devised And whereas large portions of the said lands and hereditaments are adapted for sub- division into allotments for building purposes but in their present state are for the most part unimproved and unproductive and in consequence of the complication of interests in the whole of the said lands so devised by the said James Underwood it is impossible to improve or properly manage the same And whereas it is expedient that the said lands should be sold and the proceeds of such sales paid into the Supreme Court in its Equitable Jurisdiction in the matter of the trusts of the said will of the said James Underwood in trust to attend the orders of the said Court 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. Erom and after the passing of this Act the legal estate of and in the lands and hereditaments devised by th^ said will of the said James Underwood shall for the purposes of this Act vest in William Henry Mackenzie senior accountant John Piper Mackenzie OiEcial Assignee of Insolvent Estates and Eobert John King merchant all of Sydney aforesaid their heirs and assigns as joint tenants. 2. It shall be lawful for the said William Henry Mackenzie senior John Piper Mackenzie and Eobert John King or other the trustees or trustee for the time being of this Act to sell the said lands and here- ditaments or any part thereof either by public auction or by private contract and in such parcels or allotments and with such rights-of-way in and over such lands or any portion thereof as they or he shall deem expedient subject to such terms and conditions and for such price or prices as can be reasona,bly obtained for the same and when sold to convey to the purchasers their heirs and assigns or to such uses and in such manner as any such purchasers may direct or require and there- upon the said lands and hereditaments so conveyed and the legal estate therein shall vest absolutely in the persons to whom the same shall be so conveyed their heirs and assigns or go and remain to such uses and in such manner as aforesaid freed and discharged from any trusts created by the said will. 3. It shall be lawful for the said William Henry Mackenzie senior John Piper Mackenzie and Eobert John King or other the trustees or payment of part trustee for the time being of this Act to allow to any purchaser credit moMy! '^^ fo^ s-ny number of years not exceeding three years' for payment of a part of his purchase money upon such terms as to interest and other- wise as may by the said William Henry Mackenzie senior John Piper Mackenzie and Eobert John King or other the trustees or trustee be deemed reasonable and proper Provided that the land shall remain unconveyed or be otherwise rendered a security by mortgage for so much of the purchase money thereof as shall remain unpaid together with the interest thereon until the same shall have been paid. Legal estate to be vested in W. H. Mackenzie senior J. P. Mackenzie and E. J. King. Lands maj' be sold and con- veyed to purchaser. Credit may be given to pur- chasers for ■UNDEEWOOD'S ESTATE. 1131 4. Itshall be lawful for the said William Henry Mackenzie senior 36 Victoria. John. Piper Mackenzie and Eobert John King or other the trustees or Proceeds how trustee of this Act for the time being on the receipt of the proceeds of '**^'' ■•'■'*'^- the sale of any property sold under the provisions of this Act to deduct the costs and expenses of and incidental to such sale and also so much of the costs and expenses of all parties of and incidental to the passing of this Act as shall be fairly chargeable to the several parties interested in the property out of the sale of -which such proceeds shall have arisen having regard to the amount of the interest of each of such several parties therein And the said William Henry Mackenzie senior John Piper Mackenzie and Eobert John King or other the trustee.? or trustee aforesaid shall after deducting such costs and expenses of sale and costs of passing this Act as aforesaid pay the balance of the said proceeds together with the rents if any received in respect of the same premises into the Supreme Court of New South Wales in its equitable jurisdiction in the matter of the said will and to an account to be en- titled in the trusts of the said will as affecting the property out of the sale of which the said proceeds have arisen. 5. The certificate of the Master in Equity of the fact of the money Proceedatobe being so paid shall be a sufficient discharge for the money so paid and undemvictoria the Court shall have the same power to apply and deal with such moneys No. 7. in every respect as if the same had been paid into Court under the Act passed in the twenty-first year of Her present Majesty's reign intituled An Act for the better securing Trust Eunds and for relief of Trustees. 6. It shall be lawful for the Supreme Court in Equity from time to Remuneration, time to allow to the said William Henry Mackenzie senior John Piper Mackenzie and Eobert John King or other the trustees ot trustee for the time being of this Act such commission or percentage as shall be just and reasonable for their or his pains or trouble in effectuating such sale or- sales or otherwise in exercising the powers and performing the duties hereby conferred and imposed. 7. WTienever any of the trustees herein named shall die or go to Provision tor reside out of the Colony of New South Wales or shall desire to be new'trustees." discharged from or refuse or become unfit or incapable to act in the trusts in him reposed before the same shall have been fully discharged and performed he shall be held to have vacated the said trusts and it shall be lawful for the surviving or continuing trustees or trustee for the time being or the acting executors or administrators of a last surviving or continuing trustee or for the last retiring trustees or trustee by instrument in writing to appoint any new trustee or trustees in the place of the trustee or trustees so vacating as aforesaid and as often as any new trustee or trustees shall be so appointed as aforesaid all the trust property then remaining unconveyed shall by virtue of such instrument and without other assurance in the law be divested out of the surviving or continuing trustee or trustees and the trustee or trustees so vacating as aforesaid and shall become and be vested in the new trustee or trustees either solely or jointly witli the surviving or continuing trustees or trustee and every new trustee to be appointed as aforesaid shall have the same powers authorities and discretions as if he had been originally named a trustee in this Act. 8. This Act may be cited as "Underwood's Estate Act of 1873." siiort title. 1132 UNDEEWOOD'S ESTATE. 37 Victoria. An Act to amend the Underwood's Estate Act of 1873. [16 June, 1874.] Preamble. TT/HEEEAS it is expedient to amend the Underwood's Estate VV Act of 1873 in the manner hereinafter provided Be it there- fore 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 : — ta trusfe'es'ma^'' "'•• "^^^ *^® trusts powers and authorities by the said Underwood's be exercised by Estate Act of 1873 vestod in or conferred upon William Henry majority. Mackenzie senior John Piper Mackenzie and Eobert John King in the said Act named as the trustees of the said Act or upon other the trustees for the time being of the said Act and all matters and things incident thereto shall be vested in the said William Henry Mackenzie senior John Piper Mackenzie and Eobert John King and two other trustees to be appointed in the manner hereinafter mentioned and such trusts powers authorities and matters may be carried out exercised and done by any three of the said five trustees or other the trustees for the time being of said Act And any conveyance executed by any three of such five trustees or of other the trustees for the time being of the said Act of land sold under and for the purposes of the said Act shall be valid and effectual to vest the said land and the legal estate therein in the person or persons to whom the same shall be so conveyed as fully and effectually in all respects as if the said con- veyance had been executed by all the trustees for the time being of the said Act Provided that such the remaining trustee or trustees shall have had notice to attend a meeting of the whole body of trustees for considering the then question whether such matter or thing shall be carried out exercised or done or whether such conveyance shall be executed and shall either have absented himself or themselves or being present shall have had full opportunity of deliberating with his or their co-trustees upon such question Provided also that in case of difference of opinion between the trustees upon any question arising for their determination in the execution of their trusts under the said recited Act it shall be lawful for the said trustees or any two or more of them to apply to the Primary Judge of the Supreme Court in Equity by petition or summons without instituting any suit upon a> written statement or upon affidavit if the Judge shall so require for his decision and direction upon the matter so in difference and the said Judge shall pronounce such decision and give such direction thereon as he shall think just and may make such references as he may think necessary to the Master in Equity for the appointment of solicitors, receivers surveyors or auctioneers or any of them and otherwise and such decision and direction shall be binding upon the said trustees and shall so far as may concern all other persons be of the same force and effect as an unanimous determination of the said trustees subject nevertheless to an appeal to or rehearing by the full Court in the ordinary way Provided nevertheless that when any sale shall have been effected under the proposed exercise of the powers conferred hereby or by the recited Act the title of the purchasers shall not be liable to be impeached on the ground that no case had arisen to authorize the exercise of such powers or any of them. UNION BANK OF AUSTEALIA. 1133 2. The two additional trustees hereinbefore directed to be appointed 37 Victoria. shall in the first instance be appointed by the Primary Judge in Equity Appointment of of the Supreme Court and every vacancy occurring in the trusteeship j^*'*'"""' '™^" shall be filled up by the surviving or continuing trustees in the manner provided by section seven of Undervsrood's Estate Act of 1873. 3. That the costs and expenses of and incidental to the passing of costs of Aet. this Act may be paid by the said trustees or any two of them and deducted by them out of the proceeds of sale of the said land or any part thereof. 4. This Act may be cited as " Underwood's Estate Act Amendment short title. Act of 1874." UNION BANK OF AUSTRALIA. An Act for facilitating proceedings by and against a 3 Victoria. certain Banking Company called the " Union Bank of Australia" and for other purposes therein men- tioned. [5 September, 1839.] WHEREAS a Joint Stock Company was some time since formed in Preamble. London under the style or firm of the Union Bank of Aus- tralia for the purpose of carrying on the business of banking in its various branches in the Australasian Colonies and the said bank is now fully established in the two colonies of New South "Wales and Van Diemen's Land having branch banks in the towns of Sydney Hobart Town Launeeston and Melbourne where the said Company dis- counts bills issues notes and transacts all the ordinary operations of that business And whereas the joint stock of the said Company is held by proprietors partly residing in Great Britain and partly in the said colonies of New South Wales and Van Diemen's Land And whereas the said bank as to the said colonies is under the management and superintendence of an inspector appointed by the directors of the said Company in London and of local boards of directors resident respectively at Sydney and Melbourne in the said Colony of New South Wales and at Hobart Town and Launeeston in Van Diemen's Land each board having its chairman such directors being severally share- holders in the said Company possessing twenty shares or upwards in their own right who conduct and superintend the affairs of the said Company in the discounting of bills receiving of deposits issuing notes and otherwise carrying on the said business And whereas for enabling the said Company the more readily to enforce payment of moneys that may become due to them from time to time and also to provide an easy remedy against the said Company and the several proprietois of shares therein for moneys that may be due to them also for facilitating any prosecution that may hereafter be instituted by the said Company it is expedient to simplify all proceedings both at law and in equity by or against the said Company by allowing one member thereof to sue and be sued in the place and stead of the whole which cannot be effected without the aid and authority of the Legislature Be company to sue it therefore enacted by His Excellency the Governor of New l^^^i^Xr"?? ? South Wales with the advice of the Legislative Council thereof local director. that all actions or suits against any person or persons indebted to the 113li UNION BANK OP AUSTEALIA. 3 Victoria, said bank whetlier a member ttereof or otherwise and all other pro- ceedings at law or in equity to be instituted or prosecuted by or on behalf of the said bank or wherein the said bank is or shall be in any way concerned against any person or persons body or bodies politic or corporate shall and may be lawfully instituted and prosecuted in. the name of the inspector for the time being of the said bank and in the event of his death or absence from the said Colony in the name or names of any one of the board of directors in Sydney at the time any such action suit or other proceeding shall be instituted as the nominal plaintiff complainant or petitioner for and on behalf of the said bank and that all actions suits and other proceedings at law or in equity to be commenced instituted and prosecuted against the said bank shall be instituted and prosecuted against the said inspector or one of the said directors for the time being of the said board of direction in Sydney as the nominal defendant for and on behalf of the said bank and that in all prosecutions to be instituted or carried on by or on behalf of the said bank for fraud upon or against the said banking Company or for embezzlement forgery robbery or stealing or other offence against the said Company or any felony or misdemeanour in which the said Company shall be concerned it shall be lawful to state the property of the said Company to be the property of such inspector or director for the time being of the said board of direction in Sydney and any offence committed with intent to injure or defraud the said bank shall and lawfully may in such prosecutions or proceedings be stated or laid to hare been committed with intent to injure or defraud such inspector or director for the time being of the said Com- pany and any offender or offenders may thereupon be lawfully convicted of any such offence and generally that in all cases wherein it would otherwise have been necessary to mention the names of the members composing the said Company it shall be sufficient to use the name of such inspector or director for the time being of the board of direction in Sydney. Proceedings not 2. And be it enacted that neither the death resignation nor removal deattfof the o^ ^^7 ^^ch inspector or director for the time being shall abate or party to the prejudice any such action suit prosecution or proceeding but the same may be continued in the name of the next or other succeeding inspector or director for the time being of the said bank Provided always that no second suit action or other proceeding shall be at any time com- menced by or against any such inspector or director for the same cause of action where the merits shall have been tried and decided in the first suit or action. Memorial of 3. And be it enacted that a memorial of the name of the inspector inspectpr and of the said bank and also of all the directors for the time being of the local directors to board of direction in Sydney in the form of or to the effect set forth in the Schedule hereto annexed signed by the said inspector and by each of the directors of the board in Sydney shall be recorded upon oath in the Supreme Court of New South Wales within thirty days after the passing of this Act and when and as often as any person shall be newly elected inspector or director of the said board of directors in Sydney a memorial of the name of such newly elected inspector or director in the same form or to the same effect as the above-mentioned memorial signed by such newly elected inspector or director shall in like manner be recorded upon oath in the said Supreme Court within thirty days next after such new inspector or director shall be elected UNION BANK OF ArSTEALIA. 1135 Provided always that until sueli memorial as hereinbefore first men- 3 Victosia. tioned shall he recorded in the manner herein directed no action suit or other proceeding shall be instituted or prosecuted by the said bank under the authority of this Act. 4. (Names of the then existing members of the Company and their places of abode to be recorded in the Supreme Court of New South Wales.) [Repealed ly 11 Vic. s. 11.] 5. And be it enacted that any person whose name shall be so Partners and recorded shall be considered a member of the said Company and be bmk'competent liable to be sued as such until a new list of the members' names shall witnesses. be recorded as aforesaid or until he shall give notice of his retirement in the New South Wales Government Gazette Provided always that in all actions suits prosecutions or other proceedings in which the said inspector or director for the time being of the board of direction in Sydney shall be on behalf of the said bank and under and by virtue of this Act plaintiff complainant petitioner or defendant it shall and may be lawful for the said inspector or director or for any other oiScer engaged in the executive duties of the said bank to give evidence in such action suit petition or other proceeding notwithstanding such inspector or director for the time being or other officer aforesaid shall or may be interested in the said action as a shareholder or copartner in the said bank or otherwise. 6. And be it enacted that a copy of the deed of copartnership and Attested copy of settlement attested by the inspector for the time being to be a true nersh?p "and'set- transcript of the original deed of copartnership and settlement of the *'°?!"* *? .*'^f ^ said Company shall be registered with the Eegistrar of the Supreme supreme Court. ■ Court of the said Colony within thirty days after the passing of this Act and that the same shall be open for inspection at all reasonable times by any person requiring the same on payment of a fee of one shilling and if such inspector shall fail so to register such attested copy of the original deed of copartnership and settlement of the said Company as aforesaid he shall be liable to a penalty of one hundred pounds to be recovered by action of debt in the said Supreme Court by any person or persons suing for the same. 7. And be it enacted that every judgment decree or order in any judgments in action suit or other proceeding at law or in equity against any such ^J^^=™'t^°,jg^ inspector or director for the time being as aforesaid shall have the this Act to same effect and operation upon the joint stock and property of the said hofders'in'th?' Company and the persons and separate property of every shareholder ;f™^(^'^2i ^' ^ or proprietor thereof as if every such shareholder or proprietor had Lgainst"them been party to such action suit or proceeding and such judgment decree individually. or order had been obtained against him or them jointly and severally and may be enforced accordingly against either such joint stock and property or against the persons and separate property of any such inspector or director for the time being as aforesaid or of any proprietor or shareholder of the said Company Provided always that Party raing for every such inspector director proprietor or shareholder shall be jelSbirsed? reimbursed all such costs damages and expenses as by any such event of any such suit action or other proceeding he shall sustain and be made liable to out of the joint stock and funds of the said Company or in failure thereof out of the separate funds and property of the other members of the said Company in due proportion as in ordinary cases of copartnership. 1136 TJlSriON BANK OF AUSTEALIA. 3 Victoria. 8. And he it enacted that this Act and the powers and provisions Act to extend to herein contained shall at all times extend to the said Company and prietore "^ ''^°" every person who shall be a member thereof for the time being at whatever time he may have become a member of the said Company and whether originally a member thereof or not. Act not to affect 9. Provided always and be it enacted that nothing in this Act con- Majesty. ^ ° ^' tained shall be deemed to affect or apply to any right title or interest of Her Majesty her heirs and successors or of any body or bodies politic or corporate of any person or persons excepting such as are mentioned therein or of those claiming by from or under him or them. Company not 10. Provided always and be it enacted that nothing herein contained this Aot."'^'^ ''^ shall extend or be construed to incorporate the members of the said Company or to relieve or discharge them or any of them from any responsibility duty contract or obligation whatsoever which by law they now are or at any time hereafter shall be subject or liable to either between the said Company or any of them and others or among them- selves or in any other manner whatsoever except so far as the same is affected by the provisions of this Act and the true intent and meaning of the same. This Act not to 11. And be it enacted that this Act shall not commence or take the'same'^shaiP effect Until the same shall have received the Eoyal approbation and receive the Royal the notification of such approbation shall have been made by His approbation. Excellency the G-overnor in the New South "Wales Government Gazette. This Act to be 12. And be it enacted that when and as soon as this Act shall have ^eeme a pu lo jgggjyg^ -j^jjg Jioyal approbation and the notification of such approba- tion shall have been made as aforesaid by His Excellency the Grovernor in the New South Wales Government Gazette this Act shall be deemed and taken -to be a public Act and shall be judicially taken notice of as such by the Judges of the Supreme Court of New South Wales and by all other Judges Justices and others within the Colony of New South Wales and its dependencies without being specially pleaded. SCHEDIJLE EBPEEEED TO. Mbmoeial of the name of the inspector of the Union Bank of Australia and of the directors for the time heing of the board of directors in Sydney of the said bank to be recorded in the Supreme Court of New South Wales pursuant to an Act of the Governor and Council passed in the third year of the reign of Her Majesty Queen Victoria intituled An Act for facilitating proceedings by and against a certain Banking Company called the Union Bank of Australia and for other purposes therein mentioned. A.B. Inspector. CD. ) E.F. \ Directors. G.H. \ of Sydney in the Colony of New South Wales gentleman maketh oath and saith that he was present and did see the foregoing memorial signed by the above- named inspector and directors respectively whose names appear thereto. Sworn this day of UNION BANK OP AUSTEALIA. 1137 An Act to amend, an Act for facilitating proceedings by ii Victoeu. and against a certain Banking Company called the Union Bank of Australia and for other purposes therein mentioned. [16 August, 1847.] WHEREAS an Act was passed in tlie tMrd year of the reign of Preamble. Her presentMajesty Queen Victoria intituled An Act for facili- s victoria, tating proceedings ty and against a certain banting Company called Union Banic of the Union Bank of Australia and for other purposes, therein men- tioned And whereas it is expedient to amend the said recited Act Be thorfzed'to™" it therefore enacted by his Excellency the Grovernor of New South receive aii mo- Wales with the advice and consent of the Legislative Council thereof the Company.'" that the inspector for the time being of the said banking Company shall be and is hereby fully authorized to receive and retain on behalf of the said Company all money belonging or debts due to the said Company whensoever howsoever and in whosoever's name the same may be secured and that the receipt in writing of such inspector for any money received by him shall exonerate the person or persons paying the same to him from all liability in respect of the same or the application thereof. 2. And be it enacted that all bonds mortgages warrants of attorney ^oTe^Buedupon and other securities whether assignable in law or not and all contracts and agreements whether parol or under seal which have heretofore been or shall or may at any time hereafter be taken in the name of any person as inspector of the said banking Company or in the name of such inspector and any other person or persons for or on account of the said Company shall and may be put in suit and enforced sued and prosecuted upon at law or in equity in the name of the inspector for the time being of the said Company in whose name the same may have been or shall be taken or entered into or in the name of any person who shall or may suceeed or be appointed to that office and be the inspector for the time being of the said Company at the time such proceeding or proceedings shall be instituted carried on or continued notwithstanding the name of any such succeeding inspector be not inserted in any such bond mortgage warrant of attorney or other such security or in any such contract or agreement as an obligee mortgagee assignee payee of the sum or sums of money therein respectively men- tioned or secured and the death resignation removal or other act of any inspector for the time being of the said Company in whose name any such bond mortgage warrant of attorney or other such security as aforesaid or any such contract or agreement shall be so put in suit shall not abate any action suit or other proceeding had thereon but the same may be continued and carried on in the name of any person who may be or become the inspector for the time being of the said banking Company and it shall not be necessary to enter any sug- gestion or file' any supplementary bill or in any other way to notice such change on the face of the proceedings in any such suit or action. 3. And be it enacted that the bringing any action suit or other pro- Actions brought ceeding in the name of such inspector as such inspector shall hej>rimd Inspeaor"' facie evidence that a memorial of the name of such inspector conform- able to the provisions of the said recited Act has been recorded as by the said Act is required. 4 e 1138 UNION BANK OF AUSTEALIA. 11 Victoria. Actions and other legal pro- Oeedinga not to abate or be pre- judiced by the death resignation or removal of the nominal plaintiff or defendant. 4. And be it enacted that neither the death resignation nor removal of any such inspector for the time being shall abate or prejudice any such action suit indictment information prosecution or proceeding but the same may be continued by or against the said Company in the name of the next or other succeeding inspector for the time being of the said Company or in the name of any director of the said Company Pro- vided always that no second suit action or other proceeding shall be at any time commenced by or against any such inspector or director for the same cause of action where the merits shall have been tried and decided in the first suit or action. All heredita- ^ 5. And be it enacted that all terms of years lands tenements and Sispector for the hereditaments which are now or which at any time or times hereafter time being and gliall be vested in the inspector of the said bank or in the said inspector his successor in , ,, ^ -, c t i ip c ji office. and any other person or persons whomsoever lor or on benalr ot the said Company shall be and are hereby vested in the person who is now the inspector and his successors in office in the nature of a body cor- porate for and on behalf of the said Company and all terms of years lands tenements and hereditaments in which any right title or interest shall after this Act shall come into operation be acquired or taken by or on behalf of the said Company shall and may be conveyed to and vested in the inspector for the time being and his successors in office in the nature of a body corporate for and on behalf of the said Company. Company not 6. Provided always and be it enacted that nothing herein contained Sis' Act^"^''^'^ ^^ shall extend or be deemed taken or construed to extend to incorporate the members or proprietors of the said Company or to relieve or dis- charge them or any of them from any responsibilities duties contracts or obligations whatsoever to which by law they or any of them now are or at any time hereafter shall be subject or liable either between the said Company and others or between the individual members of the said Company or any of them and others or among themselves or in any other manner whatsoever except so far as the same is in terms affected by the provisions of this Act and the true intent and meaning of the same. 7. And be it enacted that all contracts agreements conveyances leases releases mortgages assignments surrenders covenants receipts and other documents made or to be made given or granted by to or on behalf of the said Company shall and may be made and executed and enforced by or to or against the inspector for the time being of the said bank and the same shall be binding upon the said Company and the capital stock thereof. 8. And be it enacted that this Act and the powers and provisions herein contained shall at all times extend to all persons now members of the said Company or who shall hereafter become so. 9. Provided always and be it enacted that nothing in this Act con- tained shall be deemed to affect or apply to any right title or interest of Her Majesty her heirs or successors or of any body or bodies politic or corporate or of any other person or persons excepting such bodies politic or corporate and other person or persons as are mentioned in this Act or of those claiming from or under him her or them. 10. And be it enacted that a copy of the deed of copartnership and settlement of the said Company certified and attested under the hand and seal of some notary public to be a true transcript of the original -Company may make contracts and conveyances in the name of the inspector. Act to extend to all future pro- prietors. Act not to affect the right ot Her Majesty. Notarial copy of deed of copart- nership to be received as legal UOTTAEIAN CHURCH. H39 deed of copartnership and settlement of the said Company shall be U Victokia received as legal evidence of the contents of such deed of copartnership evidence in any' and settlement m all Courts of Law Equity Admiralty Vice-Admiralty Ooujto'Lawor Bankruptcy -or Insolvency and in all Courts of inferior jurisdiction in '*'" ^' the Colony of New South Wales without any further proof thereof. 11. And whereas by the fourth section of the said Act it is enacted Repeals 4th that the inspector for the time being shall witliin fifteen days from vlctorrhlrein the first day of July in each year cause a true list of all the then existing recited, members of the said Company with their respective places of abode (as far as the same may be known to him) and descriptions to be recorded in the Supreme Court of New South "Wales And whereas it is expe- dient to repeal the said fourth section of the said recited Act Be it therefore enacted that the fourth section of the said Act shall be and the same is hereby repealed. 12. And be it enacted that this Act shaU come into operation so Act when to soon as and not until the same shall have received the Eoyal appro- ^^^ **"=°*- bation and the notification of such approbation shall have been made by order of His Excellency the G-overnor in the New South Wales O-overnment Gazette. 13. And be it enacted that this Act shall be deemed and taken to be Acttobedeemed a public Act and shall be judicially taken notice of as such by the * P^wio Act. Judges of the Supreme Court of New South Wales and by all other Judges Justices and others within the Colony of New South Wales and its dependencies without being specially pleaded. UNITARIAN CHUECH LAND. An Act to enable the Trustees of certain land being the 33 victokia. site for a Unitarian Church or School on Church Hill Sydney to dispose of and convey the same and to apply the proceeds of the sale in manner therein mentioned and for other purposes. [20 April, 1870.] WHEEEAS by grant from the Crown bearing date the nineteenth Preamble, day of July one thousand eight hundred and fifty-eight Her Majesty Queen Victoria did grant unto James Williamson Erederick Piper William Smale Eriend in the said grant called William Small Eriend Henry Ereeman and Isaac Aaron and to their heirs and assigns as trustees firstly all that piece or parcel of land in the territory of New South Wales containing by admeasurement twenty-three perches and one-half of a perch be the same more or less situated in the county of Cumberland parish of Saint Phillip and city of Sydney being allot- ments numbers six seven and eight and part of number five of the Church Hill allotments commencing at the north-eastern corner of the appropriation for school-house for Unitarians on the western side of Clarence-street and bounded thence on the east by Clarence-street northerly one hundred feet on the north by a line dividing it from E. Ward's allotment number nine westerly at right angles to Clarence- street sixty-four feet three inches to a lane sixteen feet wide on the west by that lane southerly one hundred feet to the north-west corner of the appropriation for School-house aforesaid and on the south by the north boundary-line of that appropriation easterly at right angles to 1140 UNITAEIAN CHUECH. 33 ViCTOBiA. Clarence-street sixty-four feet three inclies to the point of commence- ment and secondly all that piece or parcel of land in the said territory containing by admeasurement eight perches and three-quarters of a perch be the same more or less situated in the county of Cumberland parish of Saint Phillip city of Sydney aforesaid being allotment four and part of number five of the Church Hill allotments commencing on the western side of Clarence-street at the north-eastern corner of W. J. Dwyer's allotment number three and bounded thence on the east by Clarence-street northerly forty feet on the north by a line westerly at right angles to Clarence-street sixty-four feet three inches dividing it from the Unitarian Chapel appropriation to a lane sixteen feet wide on the west by that lane southerly forty feet to the north boundary- line of allotment number three aforesaid and on the south by part of that north boundary-line easterly at right angles to Clarence- street sixty-four feet three inches to the point of commencement with all the rights and a23purtenances whatsoever thereto belonging To hold unto and to the use of the said James Williamson Prederick Piper William Smale Priend Henry Preeman and Isaac Aaron their heirs and assigns for ever upon trust that the said pieces or parcels of land should be at all times thereafter set apart maintained and used by the said grantees their heirs and assigns as and for a site for the erection thereon of a chapel or school or both of them for the use of the people called Unitari- ans and for no other purpose whatsoever and upon trust that they the said grantees their heirs and assigns should when thereunto required by the Grovernor for the time being of the said territory convey and assure the said pieces or parcels of land unto and to the use of such other person or persons as should from time to time be appointed by the said Grovernor with the advice of the Executive Council trustees in their place and stead and upon further trust that such persons to whom the said pieces or parcels of land should have been so con- veyed or assured should hold the same subject to all the trusts there- by created and so on as often as need should be to the intent that the said land should be for ever vested in the trustees for the time being upon the trusts thereof And whereas the said pieces or parcels of land do not form an eligible site for the erection of a chapel or school thereon and in consequence no chapel or school has hitherto been erected thereon And whereas the said people called Unitarians under the name and designation of Unitarian Christians hold a chapel and other buildings adapted for their purposes as a religious society erected and built on a certain piece or parcel of land situate in Mac- quarie-street in the city of Sydney aforesaid the said piece or parcel of land being in the indenture of conveyance next hereinafter mentioned described as all that piece or parcel of land being part of a certain piece or parcel of land comprised and described in a certain Act of the G-overnor and Legislative Council of New South Wales made and passed in the fifth year of the reign of Queen Victoria number thirteen containing by admeasurement twenty perches more or less bounded on the east by the building-line in Macquarie-street commencing at the south-east comer of the Catholic School allotment (other part of the said land) bearing south three degrees fifteen minutes east forty- nine feet on the south by the allotment sold to M. J. Jones one hundred and eleven feet on the west by a line bearing north a quarter of a degree west fifty feet one inch on the north by the said Catholic school allotment one hundred and seven feet to the building-line in Macquarie-street at the point of commencement And whereas TJNITAEIAN CHUECH. 114X tte said last-mentioned piece or parcel of land cHapel and buildings 33 Victoeia,' are by indenture dated tbe nineteenth day of July one thousand eight hundred and sixty-six vested in certain trustees upon trust to permit and suffer the same from time to time and at all times there- after to be used for divine service and all other congregational pur- poses by the congregation of Unitarian Christians then assembling therein and by all future members of such congregation subject to the provisions in the said indenture contained the last of the said pro- visions being that if the said congregation should be broken up and dispersed and Unitarian worship should be intermitted for five years together the trustees for the time being of the said land chapel and buildings should be empowered and required to dispose of the said property by public auction or private contract and devote the proceeds (less all necessary expenses) first to the establishment of a Unitarian Christian congregation or the support of a Unitarian Christian min- ister or missionary in any other part of Sydney or part or parts of the said Colony of New South Wales and second to the circulation of Unitarian Christian books and tracts in the said Colony And whereas it would be beneficial to the said religious body of Unitarian Christians for whose use the said pieces or parcels of land comprised in the said grant were granted that the said last-mentioned pieces or parcels of land should be sold and that the proceeds of such sale should be applied at the discretion of the trustees of the said grant either in the purchase of other land eligible for the site of a chapel or school or in improving the said chapel and buildings erected and built on the said land in Macquarie-street aforesaid or in erecting and building a new chapel and other buildings on the said last-mentioned land And whereas the said Frederick Piper and Henry Ereeman two of the trustees named in the said grant are dead and the said ~W. S. Priend another of the trustees named in the said grant has resigned and now declines to act in any way in the trusts of the said grant And whereas it is desirable in the event of the trustees of the]]said grant determin- ing to apply the proceeds of the said sale of the said pieces or parcels of land comprised in the said grant in the purchase of other land as hereinbefore mentioned that better provision should be made for filling up the existing and any future vacancies in the office of trustee of the said grant than is at present made by the said grant as herein- before mentioned Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legisla- tive Council and Legislative Assembly of New South "Wales in Parlia- ment assembled and by the authority of the same as follows : — 1. It shall be lawful for the said J. "Williamson and Isaac Aaron or Trustees author. the survivor of them or other the trustees or trustee for the time jftf^^y ttetand. being of the said grant to sell and dispose of the said land comprised in the said grant either by public auction or private contract and either in one lot or several lots as they shall think most expedient for such price as can be reasonably gotten for the same and when sold to convey the same or any part thereof to the purchaser or purchasers thereof their or his heirs and assigns freed and discharged from the trusts created by tbe said grant. 2. The moneys to arise from the sale of the said land after deduct- The net proceeds ing thereout all the expenses of the said sale and conveyance and of ?' coda^^ ^''''^ and about the obtaining of this Act shall be paid into the hands of Treasurer, the Colonial Treasurer to the credit of the trustees of the said grant 1142 UNITAEIAN CHFECH. 33 VlCTOKIA. whose receipt shall discharge the purchaser. The trustees for the time being may apply the money so to be paid in the pur- chase of a suit- able site for a chapel or school or both. In case money so applied the present trustees to supply exist- ing vacancies in trusteeship. Power to supply future vacancies. Power for trus- tees to apply the net proceeds in enlar^g or re- building the chapel &c. in Macquarie- street. Colonial Trea- surer to pay net proceeds on drafts of the trustees. and the receipt of tlie said Colonial Treasurer for the said balance shall be a sufficient discharge to the purchaser or purchasers of the said land or any part or parts thereof for the purchase money and shall wholly exonerate him or them from seeing to the application of the said pur- chase money and from all liability as to the misapplication or non- application thereof. 3. It shall be lawful for the said James Williamson and Isaac Aaron or the survivor of them or other the trustees or trustee for the time being of the said grant to apply the moneys which shall be so paid into the hands of the said Colonial Treasurer as hereinbefore mentioned (subject however to the power of otherwise applying the said moneys hereinafter given) in the purchase of other land suitable for the site of a chapel or school or both of them. 4. Provided that if the said last-mentioned trustees or trustee shall determine so to apply the said moneys as hereinbefore mentioned then and in such case (any trust in the said grant to the contrary notwith- standing) and previously to so ajjplying the said moneys as hereia- before mentioned the said trustees or trustee shall appoint such other person or persons whom they or he may select to fill up any vacancy or vacancies which may then exist in the number of the trustees as originally appointed by the said grant and the said trustees or trustee together with the person or persons so to be appointed shall be trustees of the said grant and any land purchased under the power here- inbefore given shall be conveyed to and shall vest in the trustees of the said grant upon the trusts and for the purposes in the said grant mentioned and declared in reference to the said pieces or parcels of land comprised in the said grant (save and except only the said trusts contained in the said grant in reference to the appointment of other trustees than the trustees whose names are mentioned in the said grant) And if the trustees in whom the said land so to be purchased shall so vest as hereinbefore mentioned or any of them or any trustee or trus- tees to be appointed as hereinafter is mentioned shall die or be desirous of being discharged or refuse or become incapable to act then and so often the surviving or continuing trustees or trustee or the executors or administrators of the surviving trustee may appoint any other per- son or persons to be a trustee or trustees in the place of the trustee or trustees so dying or desiring to be discharged or refusing or becoming incapable to act. 5. It shall be lawful for the said James "Williamson and Isaac Aaron or the survivor of them or other the trustees or trustee for the time being of the said grant instead of applying the said moneys which shall be so paid into the hands of the said Colonial Treasurer as hereinbefore mentioned in the purchase of other land as hereinbefore mentioned to apply the same in assisting the trustees for the time being of the said land chapel and buildings in Macquarie-street aforesaid either to enlarge the said chapel and buildings now standing and being on the said land or to erect and build a new chapel and school on the said land. 6. The drafts of the trustees for the time being of the said grant or of the majority of them shall be a sufB.cient discharge to the said Colonial Treasurer for all sum or sums of money which shall be thereia expressed to be drawn for and as shall have been paid in pursuance chereof and the said Colonial Treasurer shall not be responsible in re- spect of any misapplication or non-application of any money so paid by him on any such draft. 1143 UNITED CHURCH OP ENGLAND AND IRELAND SCHOOL AT PADDINGTON SALE. An Act to enable John Cooper Erederick Oatley Prosper 45 Viotoeia. Nicholas Trebeck Thomas Matthews and Richard Westaway as Trustees of certain land situate at Paddington to sell the same and providing for the application of the proceeds. [8 November, 1881.] WHEREAS by a deed of grant under the hand of Sir Hercules Preamble. George Robert Eobinson dated tte thirtieth day of May one thousand eight hundred and seventy-six the piece of land in the parish of Alexandria at Paddington near Sydney in the Colony of New South "Wales described in the Schedule hereto was granted to John Cooper Frederick Oatley Prosper Nicholas Trebeck Thomas Matthews and Eichard Westaway upon trust for the erection thereon of a school- house in connection with the United Church of England and Ireland as by law established and upon the further trusts in the said deed of grant declared And whereas a school-house was erected upon the said land and is now being used in connection with the said United Church of England and Ireland And whereas by a deed of grant under the hand of Sir Alfred Stephen as Administrator of the Grovern- ment of the Colony dated the first day of June one thousand eight hundred and seventy -two certain land in the said parish of Alexandria was granted as a site for a church in connection with the United Church of England and Ireland in New South "Wales And whereas a church known as St. Matthias' Church being a church in connection with the said United Church of England and Ireland has been erected thereon and the instruction given in the school-house erected on the land comprised in the first recited deed of grant is given in con- nection with the said St. Matthias' Church And whereas there is an inconvenient distance between the site of the said church and the site of the said school-house and the obligations imposed upon the trustees under the first-mentioned grant would be more effectually discharged if the said school-house were erected and the instruction given therein carried out at a less distance from the said St. Matthias' Church And whereas the deed of grant to the said John Cooper Erederick Oatley Prosper Nicholas Trebeck Thomas Matthews and Eichard Westaway contains no power of sale or exchange over the school-house site and it is desirable that power should be given to the said trustees enabling them to sell the said site and to apply the proceeds as hereinafter directed 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 iu Parliament assembled and by the authority of the same as follows : — 1. It shall be lawful for the said John Cooper Erederick Oatley powers of sale. Prosper Nicholas Trebeck Thomas Matthews and Eichard Westaway (hereinafter styled trustees) or the trustees for the time being of the said school land their heirs or assigns to sell and dispose of the land desCTibed in the Schedule hereto and the buildings thereon either by public auction or private contract and either in one lot or in several lots for such price or prices as may be reasonably had and obtained for 1144 UNITED INSUEANOE COMPANY. 45 VicioEiA: the same and upon suet terms and conditions of sale as the said trus- tees may deem -expedient with power to buy in the said land or any part or parts thereof at any auction sale or to rescind or vary the terms of any contract for the sale of the said land or any part or parts thereof and to convey transfer and assure the said land or any part or parts thereof in fee-simple to the purchaser or purchasers thereof respectively his her or their heirs and assigns freed and discharged from each and all of the aforesaid trusts and the receipt in writing of the said trustees their heirs and assigns for any money arising from such sale or sales shall be an effectual and absolute discharge to the purchaser or purchasers thereof and shall free him her or them from seeing to the application of any proceeds of such sales and from any liability in respect of the same. Application of 2. The said trustees their heirs or assigns shall stand possessed of purchase money. gH moneys arising from each and every such sale as aforesaid after payment of the actual and reasonable expenses of such sales and of this Act Upon trust to apply such moneys in the erection of a school- house in connection with the United Church of England and Ireland upon a vacant portion of the site of the church known as St. Matthias' Church hereinbefore alluded to and to apply the remainder of the said moneys (if any) which shall not be required for the purpose aforesaid for the repair improvement and benefit of the said school- house and all receipts given by any person or persons to whom any moneys shall be paid under the provisions of this Act shall be valid and complete discharges to the trustees their heirs or assigns for moneys so paid. Short title. 3. This Act shall be styled and may be cited as the " United Church of England and Ireland School at Paddington Sale Act." SCHEDULE. All that piece or parcel of land in our said Colony containing by admeasurement one rood and twenty-four perches and three-fourths of a perch be the same more or less situated in the county of Cumberland and parish of Alexandria at Pad- dington Commencing on the south side of the Old South Head Road at a point bearing north forty-two degrees east and distant one chain and sixty-five links from the north-eastern corner of the Victoria Barracks and bounded thence on the north by that road bearing east thirty minutes south one chain and three links on the east by a line bearing south thirty minutes west three chains and thirty-seven links on the south by a line bearing west eight degrees ten minutes north one chain and forty-seven links and one-half a link and on the west by a line bearing north eight degrees twenty minutes east three chains and twenty-three links to the point of commencement. UNITED INSURANCE COMPANY. 26 VicTOEiA, An Act to incorporate the United Eire and Life Insur- ance Company of Sydney and for other purposes therein mentioned. [19 December, 1862.] (a) Preamble. -TTTHBEEAS a Joint stock Company called the United Eire and W Life Insurance Company of Sydney has been lately estab- lished at Sydney in the Colony of New South Wales under and subject (a) Vide United Insurance Company's Act of 1869, 32 Vic. UNITED INSUEANCE COMPANY. H45 to tlie rules regulations and provisions contained in a certain deed of 26 Victokia. settlement bearing date the first day of September one thousand eight hundred and sixty-two purporting to be a deed of settlement of the said Company And whereas by the said deed of settlement the several parties thereto have respectively and mutually covenanted and agreed that they whilst holding shares in the capital of the said Company would remain and continue a joint stock Company under the name of the United Eire and Life Insurance Company of Sydney for the purpose of effecting and granting insurances on all kinds of movable and immovable property against the risk of damage or destruction by fire and assurances or insurances on lives and sur- vivorships or against any contingency involving the duration of human life — the purchasing granting or sale of annuities certain or on lives present deferred or reversionary — the purchasing and granting of endowments and of carrying on the business of a Eire and Life Insurance Company in the Colony of New South "Wales and in any other place or places within the Australian Colonies including New Zealand and for such other purpose as should be agreed on as there- inafter mentioned And it was by the said deed of settlement agreed that the capital of the said Company should consist of five hundred thousand pounds divided into twenty -five thousand shares of twenty pounds each and of such further sum or sums as might thereafter be raised by the creation and sale of new shares of the like amount 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 certain directors already appointed and by other directors to be from time to time elected and appointed as their successors by the shareholders of the said Company And whereas the whole of the capital of five hundred thousand pounds has been subscribed for and a sum of one pound per share has been paid up And whereas the said Company is desirous of being incorporated and it is expedient that the said Company should be incorporated accordingly subject to the privi- leges restrictions and provisions hereinafter contained Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South "Wales in Parliament assembled and by the authority of the same as follows : — 1. Such and so many persons as have already become or at anytime company in- or times hereafter shall or may in the manner provided by and subject coTorated. to the rules regulations and provisions contained in the said deed of settlement become shareholders or proprietors of shares of or in the capital for the time being of the said Company shall (subject neverthe- less to the conditions regulations and provisions hereinafter contained) be one body politic and corporate by name and in deed by the name style and title of the United Eire and Life Insurance Company of Sydney and by that name style or title shall and may sue and be sued by any person or persons whether members of the said corpora- tion or not and shall implead and be impleaded in all Courts whatso- ever at law or.in equity and may prefer lay and prosecute any indict- ment information and prosecution against any person whomsoever whether a shareholder or not 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 said Company to be the money goods effects biUs notes securities or other property of the said 1146 UNITED INSIJEANCE COMPANY. Deed of settle- ment confirmed, Business may be extended to marine insurance. 26 VicTOEiA, corporation and to designate the said Company by its corporate name whenever for the purpose of any allegation of an intent to defraud or otherwise howsoerer such designation shall he necessary And the said corporation shall have perpetual succession with a common seal (on which must always he inscribed the name of the Company) which 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 con- tained in the said indenture of settlement or to be made under or by virtue or in pursuance thereof are 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 incompatible with or repugnant to any of the provisions of this Act or of any of the laws or statutes now or here- after to be in force in the said Colony — subject nevertheless to be and the same may be amended altered or repealed either wholly or in part in the manner provided by the said indenture or deed of settlement — but no rule or by-law shall on any account or jjretence whatsoever be made by the said corporation either under or by virtue of the said indenture or deed of settlement or of this Act in opposition to the general scope or true intent and meaning of the said deed of settlement or of this Act or of any of the laws or statutes in force for the time being in the said Colony. 3. It shall be lawful for the said corporation after a resolution for that purpose passed by the votes of three-fourths of the shareholders in the said corporation in number and value given at a general meeting of the said corporation specially called for that purpose to extend the business of the said corporation to the effecting and granting insurances against the risk of loss or damage to ships or vessels and to goods merchandize cargoes and freights on board the same and to other maritime risks. 4. After the original capital of five hundred thousand pounds shall have been paid up but not sooner it shall be lawful for the directors of the said corporation from time to time after a resolution shall have been passed by the votes of three-fourths of the shareholders in the said corporation in number and value present at a general meeting called for the purpose of considering the propriety of increasing the capital of the said corporation by the creation and sale of new shares to create such further and additional shares of the value of twenty pounds each as may be deemed advisable and to direct the mode in which such additional shares shall be allotted and disposed of and to determine the time for the payment thereof. 5. It shall be lawful for the directors of the said corporation to diminish the capital for the time being of the corporation by the pur- chase or extinguishment of shares and such extinguished shares to revive and re-issue And it shall be lawful for the board of directors of the said corporation after a resolution passed by an annual or half- yearly general meeting of the shareholders to diminish the capital of the corporation to diminish the capital accordingly in such manner and to such amount as shall be specified in such resolution Provided that any sum paid back to the said shareholders in the said corporation may again be called for by the board of directors of the said corpora- tion ni the same manner as if the amount had never been brought into the capital stock. Increase of capital. Diminution of capital. UNITED INSUEANCE COMPANY. 1147 6. The capital or joint stock for the time being and all the funds 26 Victoria. and property of the said corporation and the several shares therein and capital and the profits and advantages to he derived therefrom shall be and be deemed persona? estate personal estate and be transmissible accordingly subject to the regu- lations of the said deed of settlement. 7. The corporation shall not be bound in any manner by any trusts Trust or equit- or equitable interests or demands affecting shares of the capital standing affecting staes. in the name of any person as the ostensible owner or proprietor thereof or be required to take any notice of such trusts or equitable interests or demands — but the receipt of the person in vrhose name the share shall stand in the books of the said corporation shall notwith- standing such trusts or equitable interests or demands and notices thereof to the said corporation be a good vaUd and conclusive discharge to the said corporation for or in respect of any dividend or other money payable by the said corporation in respect of such shares and a transfer of the said shares in accordance with the regulations in that behalf contained in the deed of settlement by the person in whose name such shares shall so stand shall notwithstanding as aforesaid be binding and conclusive as far as may concern the said corporation against all persons claiming by virtue of such trusts or equitable interests or demands Provided that when the corporation shall have had notice of any trust or equitable interest affecting any shares it shall be in the discretion of the directors of the said corporation to refuse to sanction any transfer without the concurrence of the person or persons so claiming And it shall be in like manner in the discretion of the directors of the said corporation to refuse to pay any dividend or bonus to the legal shareholder without the concurrence of the person claiming in respect of such trust or equitable interest Provided further that nothing herein contained shall be deemed or taken to interfere with or to 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 said corporation in respect of any such shares or the transfer thereafter of any such shares or to direct the payment of such dividends or other money by the said 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. 8. It shall be lawful for the said corporation notwithstanding any Power to take statute or law to the contrary to purchase take hold and enjoy to them and hold lands, and their successors for any estate term of years or interest any house oifices buildings lands and other hereditaments necessary or proper for the purpose of managing and conducting and carrying on the affairs concerns and business of the said corporation and also to take and hold until the same can be advantageously disposed of for the purpose of reimbursement only any lands houses and other real estate merchandize and other personal property which may be so taken by the said corporation in satisfaction liquidation or discharge of any mortgage or other debt due to the said corporation or in security for any debt or liability and to sell convey assign assure lease and other- wise dispose of or act in respect of such houses ofiices buildings lands and other hereditaments merchandise and other personal property as occasion may require. 9. It shall and may be lawful to and for all persons who are or shall conveyance to be otherwise competent so to do to grant sell alien convey demise *''^ corporation, assign assure and dispose of unto and to the use of the said corporation 1148 UNITED INSTJEANCE COMPANY- Dividends from profits only. Corporation may raise money for business. Declarations in actions to recover calls. 26 VicTOKiA. and their successors for the purposes aforesaid or any of them any such houses offices lands hereditaments and other real estate what- soeTer as aforesaid accordingly. 10. No dividend or bonus shall in any case be declared or paid out of the subscribed capital for the time being of the said corporation or otherwise than out of the declared surplus capital net gains and profits of the business. 11. It shall be lawful for the board of directors of this corporation from time to time as occasion shall arise for raising money for the purposes of the business of the corporation to negotiate such of the bills or promissory-notes for the time being held by the corporation or under discount as they may consider advisable or to assign or sell and transfer any security or property belonging to the corporation and the endorsement of such bills or promissory-notes by any two or more directors for and on behalf of the said corporation shall be binding against every member thereof. 12. In any action or suit to be brought by the corporation for recovery of any call or calls it shall be sufScient for the corporation to declare and allege that the defendant is the holder of such or so many shares in the capital of the said corporation and is indebted to the corporation in such sum of money as the calls in arrear shall amount to for such and so many calls on such shares whereby an action or suit hath accrued to the corporation without setting forth any special matter and on the trial or hearing of such action or suit it shall be sufficient to prove that the defendant at the time of making such call was a holder of so many shares in the corporation and that such call was in fact made by persons acting as directors of the corporation and such notice thereof given as is directed by the deed of settlement of the said corporation and the said corporation shall there- upon be entitled to recover what shall appear to be due. Proof of proprie- 13. The shareholders' register book of the corporation shall be at torship. ^"i^-i^ times prima facie evidence to show who are the shareholders or proprietors for the time being of the corporation and the number of shares held by each shareholder. Contracts under 14. Nothing herein contained shall prejudice or be deemed to pre- ment*&cf before judice any Call made or any contract or other act deed matter or thing Act. entered into made or done by the said Company prior to or under or by virtue of the said deed of settlement before this Act shall come into operation but the same call contract act deed matter or thing shall be as valid and effectual to all intents and purposes as if this Act had not been passed and may be enforced in like manner as if the said corpora- tion had been incorporated before the same call contract act deed matter or thing had been made entered into or done. Contracts by 15. The power of the directors to make contracts on behalf of the be'entered'into? corporation may be lawfully exercised as follows except as herein other- wise provided (that is to say) : — ■ "With respect to any contract which if made between private per- sons would be by law required to be in writing and under seal the directors may make such contract on behalf of the corporation in writing and under the common seal of the cor- poration and in the same manner may vary or discharge the same. UNITED INSUEANCE COMPANY. 1149 "With respect to any contract wtiicli if made between private per- 26 Viotoeia. sons would be by law required to be in writing signed by the parties to be charged therewith the directors may make such contract on behalf of the corporation signed by any two of the directors and in the same manner may vary or discharge the same. With respect to any contract which if made between private per- sons would by law be valid although made by parol only and not reduced into writing the directors may make such contract on behalf of the corporation by parol only without writing and in the same manner may vary and discharge the same Provided that all policies of insurance issued by the directors shall be under the seal of the corporation and signed by at least two of the directors and countersigned by the mana- ger or secretary for the time being And all contracts made according to the provisions herein contained shall be effectual in law and shall be binding upon the corporation and their successors and all other parties thereto their heirs executors or administrators as the case may be and on any default in the execution of any such contract either by the corporation or any other party thereto all actions or suits may be brought either by or against the corporation as might be brought had the same contracts been made between private parties only. 16. All acts done by any meeting of directors or by any person act- informalities in ing as a director shall notwithstanding that it may be afterwards dis- dfrector'"not to covered that there was some defect in the apjjointment of any such invalidate pro- director or persons acting as aforesaid or that they or any of them '='^^'^™ss- were or was disquahfied be as valid as if every such person had been duly appointed and was qualified to be a director Provided that nothing herein contained shall be deemed construed or taken to relieve any director of the said corporation from any of the penalties in the said deed of settlement contained for acting as such director when not qualified to act. 17. Every summons notice or other such document requiring authen- Authentication tication may be signed by two directors or by the manager of the cor- °* ™''°^^- poration and need not be under the common seal of the corporation. 18. If any execution either at law or in equity shall have been Execution issued against the property or effects of the said corporation and if hSders.^*"""*' there cannot be found after due diligence suiEcient corporate property whereon to levy such execution then such execution may be issued .against any of the shareholders for the time being or any former shareholder until such execution shall be fully satisfied Provided always that no such execution shall issue against any shareholder or former shareholder except upon an order of the Court in which the action suit or other proceedings shall have been brought or instituted made upon motion in open Court after sufficient notice in writing to the person or 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 it shall be lawful for any person entitled to any such execution at all reasonable times to inspect the shareholders' register book which by the said deed of settlement is required to be kept in the office of the corporation without fee Pro- vided further that in the case of execution against any former share- holder it shall be shown that such former shareholder was a shareholder 1150 UNITED INSUEANCE COMPANY. 26 ViCTOEIA. Reimbursement of shareholders. Names of the shareholders to be recorded in the Registrar- General's Office. Persons whose names are recorded to be deemed share- holders. of the corporation at the time when the contract or engagement for which such judgment decree or order may have been obtained was entered into or became a shareholder during the time such contract or engagement was unexecuted or unsatisfied or was a shareholder at the time of the judgment decree or order being obtained Provided also that in no case shall execution be issued on such judgment decree or order against the person property or effects of any such former shareholder after the expiration of two years after the person sought to be charged shall have ceased to be a shareholder of such corporation. 19. Every shareholder against whom or against whose property or effects execution upon any judgment decree or order obtained as afore- said shall have been issued as aforesaid shall be entitled to recover against the corporation all loss damages costs and charges which such shareholder may have incurred by reason of such execution and after due diligence used to obtain satisfaction thereof against the property and effects of such corporation such shareholder shall be entitled to contribution for so much of such loss damages costs and charges as shall remain unsatisfied from the several other shareholders against whom execution upon such judgment decree or order obtained against such corporation might also have been issued under the provision in that behalf aforesaid and that such contribution may be recovered from such shareholders as aforesaid as a debt or demand recoverable at law and distinct from the accounts of the partnerships in like manner as is provided by the said deed of settlement. 20. The manager of the corporation shall within thirty days from and after the first day of January in each and every year or so soon thereafter as may be practicable cause a true and correct list of the names of all the persons who shall be then existing shareholders of the corporation with their respective places of abode and descriptions verified by a declaration to be made by such manager to be recorded in the OfBce for the Registration of Deeds &c. at Sydney and the same shall be open for inspection at all reasonable times by any person re- questing the same on the payment of a fee of one shilling for each inspection and if any such manager shall omit or neglect to cause such a list to be recorded in manner aforesaid or shall wilfully falsify any such list he shall be subject and liable to a penalty of one hundred pounds to be recovered by action of debt in the Supreme Court by any person who shall sue for the same Provided always that such action shall be commenced within two years from the time the offence shall be alleged to have been committed and that nothing herein con- tained shall make such manager liable to such penalty for any omission or error on account of any shareholder changing his or her place of abode or of any transmission of shares by death marriage of a female shareholder bankruptcy insolvency or lunac y if such manager shall not have received notice of the same respectively. 21. Every person whose name shall have been recorded as aforesaid shall be considered taken and held to be a shareholder of the corpora- tion and shall be liable as such until a new list of the names of the shareholders of the corporation shall be recorded as aforesaid or until he shall have given notice by advertisement in one or more of the daily newspapers published in Sydney and also by a notice to the principal officer of the OfBce for the Eegistration of Deeds &c. at UNITED IlSrSURANCE COMPANY. 1151 Sydney of his or lier retirement from the corporation Provided 26 Victoria. however that nothing herein contained shall be deemed or construed to absolve any person from liability on account of any debts incurred by the corporation during the time such person remained a shareholder or member of the said corporation or from any writs of execution issued against any shareholder or former shareholder under the pro- visions of this Act. 22. The directors for the time being shall have the custody of the Custody and use common seal of the said corporation and the form thereof and aU °* ^'Torate seal, other matters relating thereto shall from time to time be determined at a board of directors and the directors present at a board of directors of the said corporation shall have power to use the common seal of the said corporation for the affairs' and concerns of the corpo- ration and under such seal to authorize and empower any person without such seal to execute any deed and do all or any other such matters and things as may be required to be executed and done in behalf of the corporation but it shall not be necessary to use the corporate seal in respect of any of the ordinary business of the corpo- ration or for the appointment of an attorney or solicitor for the prosecution of any action suit or other proceedings or of any officer or servant of the corporation and such seal may be affixed to any deed or document by the hand of any person whom the directors shall appoint in that behalf and the affixing thereof shall be attested by one director and such person so appointed and in case any conveyance or other instrument under seal shall be executed wherein it appears that such conveyance or other instrument is executed in consideration of a money payment therein stated to have been made to the corpo- ration such execution shall have no operation in law or shall operate only as an escrow (according as may be indicated in the attestation aforesaid) until the manager or other officer charged with the receipt of moneys on behalf of the corporation shall have certiiied under his hand at the foot thereof that such consideration money has been duly paid. 23. The board of directors of the said corporation may invest the inrestment of surplus capital for the time being of the corporation over and beyond ''""^^• the current balance at the bankers in the purchase of G-overnment debentures or upon Grovernment or real securities in any of the Australasian Colonies including New Zealand or in or upon the debentures shares stock or securities of any Company incorporated by Eoyal Charter or by Act of the Imperial Parliament or Colonial Legislature carrying on business in any of the Colonies aforesaid and paying a dividend or on municipal debentures or on loan to holders of life policies of the said corporation on their policies or on such other real or leasehold security or investment as may by the directors be deemed expedient with power to alter and vary such securities from time to time for others of a like nature. 24. All the mortgaged and other land securities covenants debts Property at moneys choses in action and things at present vested in the trustees fn tru"te™8lo'' of the said Company or any other person or persons on behalf of the ^q^°^°™^J|^|^^ said Company shall immediately after the passing of this Act become '° ™''''°''* '°"' vested in the Company hereby incorporated for the same estate and interest and with the like powers and authorities as the same are now vested in the said trustees or other person or persons without any assignment or conveyance whatsoever. 1152 UNITED INSUEANCE COMPANY. Printed copies of deed of settle- ment verified by signature of manager to be evidence. 26 Victoria. 25. Eacli and every printed copy of tlie deed of settlement wliicli shall bear tlie signature of the person who was the manager of the corporation at the time of such signature attesting that the same is a true and correct copy of the original shall in all proceedings at law or in equity between the corporation and individual shareholders thereof or between several shareholders and in all proceedings by parties other than shareholders against the said corporation wherein notice to produce the said indenture of settlement shall have been given and the same shall not be produced be received as sufficient evidence of the deed of settlement and of every clause article regu- lation and agreement therein. 26. Provided always and be it enacted that nothing in this Act con- tained shall be deemed to affect or apply to any right title or interest of Her Majesty her heirs or successors or any body or bodies politic or corporate or of any person or persons except such bodies politic or corporate and other persons as are mentioned in this Act or those claiming by from or under them. 27. That this Act shall be deemed and taken to be a public Act and shall be judicially taken notice of as such by the Judges of the Supreme Court of New South Wales and by all other Judges Justices and others within the Colony of New South Wales and its dependencies without being specially pleaded. Savingtlie rights of Her Majesty and otliers not mentioned in Act. This Act to be deemed a public Act. 32 vicTOEiA. An Act to alter tlie title of the United I'ire and Life Insnrance Company of Sydney to that of the United Insurance Company and in other respects to amend the provisions of the Act to incorporate the said Company. [16 March, 1869.] Preamble. "TTTHEEEAS by an Act passed in the twenty-sixth year of the W reign of Her present Majesty intituled An Act to incorporate the United Eire and Life Insurance Company of Sydney and for other purposes therein mentioned the said Company was incorporated by the name style and title of the United Fire and Life Insurance Company of Sydney with the powers and subject to the provisions therein contained And whereas in the said Act it was provided that the several laws rules and regulations clauses and agreements con- tained in a certain deed of settlement bearing date the first day of September one thousand eight hundred and sixty -two and purporting to be a deed of settlement of the said Company or which should be made under or by virtue or in pursuance thereof should be the by-laws for the time being of the said corporation subject nevertheless to be and the same might be amended altered or repealed either wholly or in part in the manner provided by the said deed of settlement And whereas the said corporation has from time to time amended altered and repealed certain of the original clauses and provisions of the said deed of settlement and the said clauses and provisions so amended altered and repealed are now appended to the said deed of settlement in the first second and third Schedules thereto And whereas the title of the said corporation does not accurately describe the business of the said^ corporation and it is desirable that the title of the said corporation should be altered and that the said Schedules of the said TJPPEE HTJNTEE P. AND A. ASSOCIATION. 1153 deed of settlement should be confirmed in the manner hereinafter 32 Victobi^, mentioned 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. Prom and after the passing of this Act the title of the said Title "J Com- corporation shall be the United Insurance Company and all the pro- ^*°^ * visions of the said recited Act subject to the amendments and alterations hereinafter mentioned shall apply to the said corporation under the style or title of the United Insurance Company And subject as afore- said the said recited Act and this Act shall be read as one Act And everything lawfully done or commenced under the said recited Act previously to the passing of this Act may be proceeded with in the said title of the United Insurance Company as if done or commenced under this Act. 2. The said first second and third Schedules to the said deed of Alterations in settlement appended and all matters and things therein contained nTentMi^rmed, shall be and are hereby ratified and confirmed except in so far as any of them shall or may be inconsistent or incompatible with or repugnant to the provisions of this Act or of any of the laws or statutes now or hereafter to be in force in the Colony Provided that the clauses and provisions of the said deed of settlement by the said Schedules amended altered or repealed shall be taken to have been so amended altered or repealed at the respective dates of the respective meetings of the said corporation at which the same were finally passed and not at the date of the passing of this Act And the said clauses and pro- visions shall from such respective dates have the force and effect of by-laws of the said corporation as fully as if they had been originally embodied in the said deed of settlement. 3. This Act and the said recited Act may together be cited as the short title. "United Insurance Company Acts." TIPPER HUNTER PASTORAL AND AGRICUL- TURAL ASSOCIATION LEASE. An Act to enable the Trustees of the Muswellbrook 39 Victoeia, Recreation Reserve to Lease a portion thereof. [2 August, 1875.] WHEEBAS a parcel of Crown land situate on the Muswellbrook preamble. Creek at Muswellbrook containing about forty-six acres has been in pursuance of the Crown Lands AUenation Act of 1861 duly dedicated to a public purpose namely for public recreation and the Municipal Council of Muswellbrook have been by proclamation duly appointed trustees of such land for that purpose And whereas there is an association in the district of Muswellbrook aforesaid called the Upper Hunter Pastoral and Agricultural Association formed for the purpose of (among other things) periodically holding public exhibi- tions and shows of stock and implements And it would be of great advantage to the district that the portion of the said land described in the Schedule to this Act should be placed at the disposal of the said association but that object cannot be effected without the 4< s 1154. UPPEE HIJNTEE P. AND A. ASSOCIATION. Power to lease &o. 39 VicioBiA. sanction of tlie Legislature 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. It shall be lawful for the Municipal Council of Muswellbrook by an indenture of lease to demise to any three persons hereinafter called trustees their executors administrators and assigns the piece of land in the Schedule to this Act described being a portion of the said Crown land so as aforesaid dedicated for the term of ninety-nine years from the day of the date of such lease at the annual rent of one shilling to be by such persons held in trust for the said association called the Upper Hunter Pastoral and Agricultural Association and for any association established in substitution for the same whether under the same or any other name to be used by the said association or such substituted association for the purposes of any shows or exhibitions held by them Such lease shall be executed by being sealed with the corporate seal of the municipality by the direction and in the presence of a quorum of the said municipal council present at any meeting duly convened and be attested by the clerk of the said council for the time being. 2. The said demised laud shall from the date of such lease be legally vested in the trustees for the time being for the term aforesaid but shall be under the control of the committee for the time being of the said association or any such substituted association who shall have power from time to time to plant trees shrubs and flowers and erect on the said demised land any buildings pens yards or fences of any kind ia their opinion requisite for the purposes of any show or exhi- bition of stock and implements or other things on the said land. 3. The said committee shall have power from time to time to make any regulations for the management and preservation of the said demised land and all such erections pens yards fences trees shrubs and flowers thereon and also for regulating the holding of and admission to either upon or without payment any show or exhibition held by any such association and may impose any penalty not exceeding ten pounds for the breach of any such regulation and every such penalty shall be recoverable before any Justice of the Peace in a summary way Provided that all such regulations shall be published in the Gazette and that before publication they shall have been approved of by the Grovernor in Council. 4. Whenever any of the trustees appointed under the provisions of this Act or of the Act next mentioned shall die or resign or shall go to reside out of the Colony a new trustee or new trustees may be appointed in his or their stead as by the Act called the Trust Property Act of 1862 section sixty-three is provided. 5. This Act may be cited as the " Upper Hunter Pastoral and Agricultural Association Lease Act of 1875." Control of land and improve- ments thereon and uses thereof, Power to make lilies &c. Power to appoint new trustees. Short title. Schedule. SCHEDULE. All that piece or parcel of land containing by admeasurement ten acres being a portion of a reserve situate in the town of Muswellbrook county Durham pansh ^owan Commencing at a point on the southern fence of the Great Northern Kailway bearing south four degrees fifty-six minutes west distant five hundred VALE OF CLWTDD COMPANY. 1155 and two links from the south-east corner of section number fourteen on the 45 Victobia, Government chart of the town of Muswellbrook and bounded thence on the east by a line bearing south nineteen degrees forty-five minutes west six hundred links thence on the south-east by a line bearing west fifteen degrees thirteen minutes south three hundred and forty-nine links thence on the south by a line bearing ■ west nineteen degrees forty-five minutes north one thousand links thence on the west by a line bearing north nineteen degrees forty-five minutes east eight hundred links to the southern fence of the Great Northern Railway and thence by the aforesaid railway fence being a line bearing east nineteen degrees forty-five minutes south twelve hundred and eighty-six links to commencing point. YALE OE CLWYDD COMPANY'S INCOEPORATION. An Act to incorporate the Vale of Clwydd Coal-mining 45 Viotoeia. and Copper Smelting Company (Limited). [4 October, 1881.] WHEREAS a Joint Stock Company called the Vale of Clwydd and preamble. Lithgow Valley Coal-mining and Copper-smelting Company has been lately established at Sydney in the Colony of New South Wales under and subject to the rules regulations and provisions con- tained in a certain deed of settlement bearing date the seventh day of November one thousand eight hundred and seventy-two and by the said deed the several parties thereto have agreed to constitute themselves into a Company and have respectively covenanted and agreed that they should form and be a joint stock Company under the style and desig- nation of the Vale of Clwydd and Lithgow Valley Coal-mining and Copper-smelting Company (Limited) and that the objects and business of the Company should be to mine and seek for coal which may be dis- covered upon or in certain ground the property of the Company situate at Lithgow Valley Bowenfells in the Colony of New South Wales and to prepare for sale and sell at any place or places in the Colony of New South Wales or elsewhere coal which may be obtained by such mining and working and generally to carry on the business of a mining Com- pany and do all such other things as are incidental or conducive to the attainment of the beforementioned objects And whereas it was by the said deed of settlement agreed that the capital of the said Company should be divided into thirty thousand shares of one pound each and no share should be divisible into fractional parts And whereas by the said deed provision has been made for the due management of the affairs of the said Company by directors therein named and by other directors to be from time to time elected and appointed by the shareholders of the said Company And whereas John Newlands Wark and Thomas Saywell are the registered proprietors of a certain parcel of land con- taining by admeasurement forty acres be the same more or less situated in the county of Cook and parish of Lett in the Colony of New South Wales and being portion one hundred and four And also of a certain parcel of land containing by admeasurement forty acres be the same more or less situated in the county parish and Colony aforesaid and being portion one hundred and five And the said Thomas Saywell is the registered proprietor of two parcels of land each containing by admeasurement forty acres more or less situated in the county parish and Colony aforesaid and being portions one hundred and two and one 1156 VALE OP CL^VTDD COMPANY. 45 VlOTOBIA. Company incor- porated. hundred and three And the said Thomas Saywell and John Newlands "Wark are possessed of all that parcel of land situated in the parish of Marangaroo in the county of Cook aforesaid containing two roods and. twenty perches commencing at the south-west corner of Thomas Brown's, thirty-seven acres thence through the said Thomas Brown's one hun- dred acres in a curve with a radius of eight chains i o meet the Grreat "Western Eailway at a point ninety- three miles and seventy chains from Sydney excepting and exclusive of the roadway and saving and except- ing thereout unto the said Thomas Brown his heirs and assigns all coal and ironstone and other stone and minerals whatsoever lying in or under the said lands and full power for the said Thomas Brown to search for work get in dress and carry away the said coal ironstone stone and other minerals and do all things necessary or convenient for working mining getting dressing and carrying away the said coal ironstone stone and minerals Provided nevertheless that the surface of the said land shall be fully and completely and properly supported and shall not be in any way injured or damaged and that the said Thomas Brown shall also make from time to time unto the said Thomas Saywell and John Newlands Wark as such trustees as hereinafter mentioned or the sur- vivor of them their and his heirs and successors and assigns and the said Company and their his and its lessees and tenants adequate compensa- tion for all damage done or caused to the surface of the said lands by any of the operations aforesaid And whereas the said Thomas Saywell and John Newlands Wark are the present holders of six mineral con- ditional purchases all situated in the district of Hartley and being con- ditional purchases numbers 70/4414 section 19 77/70 section 19 77/71 section 19 77/76 section 19 77/77 section 19 77/78 section 19 and con- taining respectively one hundred and twenty-three acres forty acres eighty acres forty acres forty acres and forty acres And whereas the said Thomas Saywell and John Newlands "Wark respectively hold the said lands as trustees only and for and on behalf of the said Vale of Clwydd and Lithgow Valley Coal-mining and Copper-smelting Com- pany (Limited) and doubts have arisen whether the said John Newlands "Wark and Thomas Saywell can sell and dispose of the same at the request and for the benefit of the said Company And whereas it is desirable that the said Company should be incorporated and that the said land shall be vested in such incorporated Company and that such Company shall have and exercise the powers hereinafter conferred 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 as follows : — • 1. Such and so many persons as have already become or at any- time or times hereafter shall and may in the manner provided by and subject to the rules regulations and provisions contained in the said deed of settlement become proprietors 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 Vale'of Clwydd Coal-mining and Copper-smelting Company Limited and by that name shall and may sue and be sued by any person whether members of the said corporation or not and shall and may implead and be impleaded answer and be answered unto defend and be defended 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 VALE OP CLWTDD COMPANY. 1157 otter crime or offence and in all indictments informations and prosecu- 45 Viotobia. tions it shall be lawful to state tlie money and goods effects biUs notes securities or other property of the said Company to be the money goods effects bills notes securities or other property of the said cor- poration and to designate the said Company 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 with a common seal which may be altered varied and changed from time to time at the pleasure of the said corporation. 2. The several rules regulations clauses provisions and agreements Deed of settle- contained in the said deed of settlement or to be made under or by "^ °™ "" ' virtue or in pursuance thereof or of this Act shall be deemed and con- sidered to be and shall be the by-laws for the time being of the said icorporation and shall be of the same force and effect as if the same had been herein specially enacted save and except in so far as any of them are or shall be altered varied or repealed by or are or shall be inconsistent or incompatible with or repugnant to any of the provi- sions of this Act or of any laws now or hereafter to be in force in the said Colony. 3. The lands referred to in the preamble and all lands mineral con- All property be- ditional purchases interests in land railways mining and other plant c°mpa^^to'be rolling-stock and machinery now belonging to the mines mentioned in vested in the the said deed of settlement or used in connection therewith and all hereby'incor-^ other property belonging to the said Company or held by the said ported. John Newlands Wark and Thomas Saywell or either of them or by any other person or persons Company or Companies corporation or corporations as trustees or trustee for the said Company according to the estate and interest therein and the nature and quality thereof xespectively shall be and are hereby transferred to and vested in the said corporation hereby incorporated. 4. It shall be lawful for the said corporation to purchase take hold Company may and enjoy to them and their successors for any estate term of years other property. or interest or under license any coal or other mineral lands whatso- ever and all such houses oiEces buildings and other lands and heredita- ments as may be necessary and proper for the purpose of managing conducting and carrying on the affairs concerns and business of the said corporation and sell convey and assign assure lease and otherwise ^dispose of or act in respect of such coal or other mineral lands houses offices buildings and other lands and hereditaments as occasion may require without incurring any penalties or forfeitures. 5. It shall and may be lawful to and for all persons who are or shall Conveyance to "be otherwise competent so to do to grant sell alien and convey demise ° ''°'Voia ion, assign assure and dispose of unto and to the use of the said corpora- tion and their successors for the purposes aforesaid or any of them any such houses offices lands mines hereditaments and other real and personal estate. 6. The directors may from time to time upon a resolution to that in^T^^ »' effect being passed by a majority of not less than three-fourths of such ™P' members of the Company for the time being entitled to vote as may be present in person or by proxy at any general meeting and upon such resolution being confirmed by a majority of such members for the time being entitled to vote as may be present in person or by proxy at 1158 VALE OP CLWTDD COMPANY. 45 ViOTOBiA. a subsequent general meeting increase the capital of tlie Company by the issue of new shares such aggregate increase to be of such amount and to be divided into shares of such respective amounts as the mem- bers in such meeting shall direct and also may consolidate and divide its capital into shares of larger amount than its existing shares and also may convert its paid-up shares into stock and also reduce the capital of the said company And fourteen days notice of any extra- ordinary meeting shall be given in the manner prescribed for giving notices And such notice shall specify the day and the hour of meet- ing and the nature of the business and the resolutions intended to be proposed. CapitaHrom 7. Any Capital raised by the Creation of new shares shall be con- shares to be sidered as part of the original capital and shall be subject to the same of oriri^ai ^^'' provisions in all respects whether with reference to the payment of capital. calls or otherwise as if it had been part of the original capital and every article agreement and provision in the said deed of settlement contained having reference to such original capital shall extend and apply to the capital to be raised as aforesaid but all persons accepting new shares if any shall be issued in the event of any increase of capital as aforesaid shall pay the amount thereof respectively either in one sum or in such instalments and at such times as the board of directors may determine. New shares to be 8. Subject to any direction to the contrary that may be given by members! the meeting which sanctions the increase of capital all new shares shall be offered to the members in proportion to the existing shares held by them and such offer shall be made by such notice as tte directors shall direct limiting a time within which the offer if not accepted will be deemed to have been declined and after the expiration ©f such times or on the receipt of an intimation from the members to whom such notice is given that he declines to accept the shares ofltered the directors may dispose of the same in such manner as they shall think most beneficial to the Company. Corporation not 9. The corporation shall not be bound in any manner by any trusts abiehitereslis"''' oT equitable interests or demands affecting any shares of the capital shareholder's standing in the name of any person as the ostensible proprietor thereof dMiarge! "™ or be required to take any notice of such trusts or equitable interests or demands but^the receipt 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 corporation for or in respect of any dividend or other money payable by the said corporation in respect of such shares and a transfer of the said shares in accordance with the regulations in that behalf contained in the said deed of settlement by the person in whose name such shares shall so stand shall notwithstanding as aforesaid be binding and conclusive BO far as may concern the said corporation 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 rights and powers of a Court of Equity with respect to dividends or moneys which shall not have been paid by the corporation or to shares which may not have been transferred by the corporation or restrain the payment of any such dividend or money payable by the corporation in respect of any shares or the transfer of any shares or to direct the payment of such dividends or VALE OP CLWYDD COMPANY. 1159 money by the corporation or the transfer of such shares by the person 45 Viotohia. in whose name they may stand to such other person as such Court may think fit. 10. If at the time appointed for the payment of any call any share- Enforcement of holder sTiall fail' to pay the amount of such call it shall be lawful for <»" ty auction, the corporation to sue each shareholder for the amount thereof in any Court of law or equity having competent jurisdiction and to recover the same with interest thereon after the rate of ten pounds per centum per annum and in any action or suit for the recovery thereof it shaU Declaration in be sufficient for the Company to declare that the defendant is the ™j*| *° recover holder of so many shares (stating the number) and is indebted to the Company in such sum of money as the calls in arrear shall amount to in respect thereof (stating the number and amount of each of such calls) whereby an action or suit hath accrued to the Company and on the trial or hearing of such action or suit it shall be sufficient to prove Matter to be that the defendant at the time of making such call was a holder of so FJ^caS/" *"*'°° many shares in the corporation and that such call was in fact made by persons acting as directors of corporation and that such notice thereof has been given as is directed by the said deed of settlement and it shall not be necessary to prove the appointment of the directors who made such call nor any other matter whatever and thereupon the corporation shall be entitled to recover what shall be due upon such call and interest thereon and the production of the register of shareholders shall be ^r««ia_/a!Cie evidence of such defendant being a shareholder and of the number and amount of his shares. 11. The power of the directors to make contracts on behalf of the Contracts by corporation may lawfully be exercised as follows (that is to say) : — be^enteredinto With respect to any contract which if made between private per- sons would be by law required to be in writing and under seal the directors may make such contract on behalf of the corporation in writing and under common seal of the cor- poration and in the same manner may vary or discharge the same. With respect to any contract which if made between private per- sons would be by law required to be in writing and signed by the parties to be charged therewith the directors may make such contract on behalf of the corporation in writing signed by any two of the directors and in the same manner may vary or discharge the same. With respect to any contract which if made between private per- sons would by law be valid although made by parol only and not reduced into writing the directors may make such contract on behalf of the corporation by parol only without writing and in the same manner may vary or discharge the same and all contracts made according to the provisions herein con- tained shall be effectual in law and shall be binding upon the corporation and their successors and all other parties thereto their heirs executors or administrators as the case may be and on any default in the execution of any such contract either by the corporation or any other party thereto such action or suit may be brought either by or against the corporation as might be brought had the same contracts been made between private parties only. 1160 VALE OP CLWTDD COMPANY. 45 Victoria. 12. Notting herein contained shall prejudice or be deemed to preju- Contraots &;c. dice any call made or any contract or other act deed matter or thing o°*eMeme'nt^'^ entered into made or done by the said Company prior to or under or by before Act. virtue of the said deed of settlement before this Act shall come into operation but the same call contract act and deed matter or thing shall be as valid and eiiectual to all intents and purposes as if this Act had not been passed and may be enforced in like manner as if the said Com- pany had been incorporated before the same call contract act deed matter or thing had been made entered into or done. Officers to ac- 13. Every officer employed by the corporation shall from time to mand.™ ^*" time when required by the directors mate out and deliver to them or to any person appointed by them for that purpose a true and perfect account in writing under his hand of all moneys received by him on behalf of the corporation' and such account shall state from whom and for what consideration such moneys shall have been received and how and to whom and for what purpose such moneys shall have been dis- posed of and together with such account such officer shall deliver the vouchers and receipts for such payments and every such officer shall pay to the directors or to any person appointed by them to receive the same all moneys which shall appear to be owing from him on the balance of such accounts. Sjimmarjr reme- 14. If any such officer fail to render such account or to deliver up pSies felling to ^^^ vouchers and receipts relating to the same in his possession or power account. or to pay the balance thereof when thereunto required or if for three days after being thereunto required he fail to deliver up to the directors or to any person appointed by them to receive the same all papers and writings property effects matters and things in his possession or power relating or belonging to the corporation then on complaint thereof being made to a Justice such Justice shall summon such officer to appear before two or more Justices at a time and place to be set forth in such summons to answer such charge and upon the appearance of such officer or in his absence upon proof tha^ such summons was personally served upon him or left at his last known place of abode such Justices may hear and determine the matter in a summary way and may adjust and declare the balance owing by such officer and if it appear either upon the confession of such officer or upon evidence or upon inspection of the account that any moneys of the corporation are in the hands of such officer or owing by him to the corporation such Justices may order such officer to pay the same and if he fails to pay the amount it shall be lawful for such Justices to grant a warrant to levy the same by dis- tress upon the goods and chattels of such officer or in default thereof to commit the offender to gaol for a period not exceeding six months unless the said amount be sooner paid. Officers refusing 15. If any such officer shall refuse to make out such account in documents'^o. wi'iting or to deliver upon the order of the Justices the several vouchers to be imprisoned ^nd receipts relating thereto or to deliver up any books papers or writings property effects matters or things in his possession or power belonging to the corporation such Justices may lawfully commit such offender to gaol there to remain until he shall have delivered up all the vouchers and receipts (if any) in his possession or power relating to such accounts and have delivered up all books papers writings pro- perty effects matters and things (if any) in his possession or power belonging to the corporation. VALE OF CLWTDD COMPANY. 1161 16. Por the purpose of regulating the conduct of the officers and 45 Victobia, servants of the corporation and for providing for the due management power to make of the affairs of the corporation in all respects it shall he lawful for l'^^*"^'''^' the corporation subject to the provisions herein mentioned from time to time to make by-laws and regulations as they think fit Provided that such by-laws be not repugnant to the laws of the Colony or to the provisions of this Act or to any resolution of any general meeting of shareholders and such by-laws shall be reduced into writing and shall have affixed thereto the common seal of the corporation and a copy o£ such by-laws shall be given or sent by post to every officer and servant of the corporation affected thereby. 17. It shall be lawful for the corporation by such by-laws to impose By-laws to be such reasonable penalties upon all persons being officers and servants pSties^naybe of the Company oSending against such by-law as the corporation think mitigated. fit not exceeding five pounds for any one offence Provided that the same shall be so framed as to allow the Justice or Justices before whom any penalties imposed thereby may be sought to be recovered to order a part only of such penalty to be paid if such Justice think fit. 18. The production of a printed or written copy of the by-laws of Kvidenoe of the corporation having the common seal of the corporation affixed ^'J'"''''^^- thereto shall be sufficient evidence of such laws in all proceedings under the same. 19. If any execution either at law or in equity shall have been issued Execution against the property or effects of the corporation and if there cannot hoidera. be found sufficient whereon to levy such execution then such execution may be issued against any of the shareholders to an amount equal to the amount unpaid in respect of their shares respectively in the capital of the Company Provided always that no execution shaU issue against any shareholder except upon an 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 in writing 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 the shareholders register required by the said deed of settlement to be kept in the office of the corporation without fee Provided further Sharehoiderg that nothing herein contained shall extend to charge or make liable J^'e amount^oT any shareholder of the corporation or his real or personal estate with ^^^^J"^^"''^^ or for any debt or demand whatever due or to become due from or ° " ■ by the corporation or in anywise relating to the said undertaking for any of the matters or things authorized by the said deed of settlement or this Act to be made done or completed to a greater extent than the amount (if any) unpaid on the shares in respect of which he is liable as a shareholder any law to the contrary thereof in anywise notwith- standing. 20. If by means of any such execution any shareholder shall have shareholders to paid 'any sum of money beyond the amount then due from iim in b^^^™''p^=^^'i respect of calls he shall forthwith be reimbursed such additional sum beyond calls due. by the directors out of the funds of the corporation and if there shall not be sufficient of such funds he shall be entitled to be repaid such additional sum by the other shareholders in proportion to the shares held by them. 1162 YICTORIAN COAL-MINING- COMPANY. 45 Vic!TOKiA. 21. The directors shall have the custody of the common seal and the Custody and use form thereof and all other matters relating thereto shall from time to of corporate seal. ■(;jjjje \,q determined at meetings of directors and the directors present at any meeting shall have power to use the common seal for the affairs and concerns of the corporation and under such seal to authorize and empower any person without such seal to execute any deed and do all or any such matter and things as may be required to be executed and done on behalf of the corporation but it shall not be necessary to use the corporate seal in respect of any of the ordinary business of the corpora- tion or for the appointment of any attorney or solicitor for the prosecu- tion of any action suit or other proceedings or any officer or servant of the corporation and such seal may be affixed to any deed or document by the hand of any person whom the directors shall appoint in that behalf and the affixing thereof shall be attested by one director and such person so appointed and in case any conveyance or other instru- ment under seal shall be executed wherein it appears that such con- veyance or other instrument is executed in consideration of a money payment therein stated to have been made to the corporation such execution shall have no operation in law or shall operate only as an escrow (according as may be indicated in the attestation aforesaid) until the treasurer or other officer charged with the receipts of moneys on behalf of the corporation shall have certified under his hand at the foot thereof that such consideration money has been duly paid. 22. It shall and may be lawful for the directors in pursuance of a resolution to that effect to be passed at special general meetings of the shareholders to be called for the purpose from time to time to borrow upon mortgage of the property of the corporation or upon debentures chargeable thereon issued under the hands of any two of the directors named in such resolutions any sum or sums of money not exceeding in the whole an amount equal to the paid-up capital of the Company Provided always that the shareholders present at such meeting either in person or by proxy specially given for the occasion shall hold shares representing not less than one-third of the paid-up capital of the Company. 23. Whenever this Act is cited it shall be sufficiently described as the "Vale of Clwydd Company's Incorporation Act of 1881." Power to borrow on mortgage or debenture. Short title. VICTORIAN COAL-MINING COMPANY. 48 VicTOBiA. An Act to authorize the construction and maintenance of a line of Railway from land at Mount Kembla to the Sea-coast at Port Kembla near Red Point near Wollongong. [29 August, 1884.] WHEEEAS Thomas Saywell merchant of Sydney New South "Wales his heirs and assigns trading as the Victorian Coal- mining Company hereinafter designated the Company is about to open coal-mines on land situate near Mount Kembla in the county of Camden and is desirous of constructing a railway from the said coal-mines to the sea-coast at Eed Point through certain private lands referred to in the Schedule to this Act but such railway cannot be made without Legislative authority And whereas the said coal-mines are likely to Preamble. VICTORIAN COAL-MININQ COMPANY. 1163 prove beneficial to the Colony and the public are concerned in pro- 48 Viotokia, moting such an increase in the facilities for the supply of coal for local consumption steam navigation and export as would result from the construction of the said proposed railway it is therefore desirable to authorize by Legislative enactment the construction of the said railway subject to the provisions hereinafter contained upon payment of com- pensation to the several parties through whose lands the same shall pass for such portions of their respective lands as may be required to be used or occupied thereby 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. It shall be lawful for the Company to make and construct a rail- Authority to way from lands belonging to the Company through lands belonging to way^ to connect Messrs. Mathew Eeen M'Loy Parraher Blackman O'Brien Gr. Waples |™^o^"'' ""^ Nicolle Cummins Jenkins Darcy "Wentworth and the Mount Kembla Coal and Oil Company to the waters of the Pacific Ocean more particu- larly described in the First Schedule hereto and to take and use so much of the said lands as the said Company may require for the purpose of such railway in the line described in the Pirst Schedule hereto not exceeding in any part thereof a greater space in breadth than sixty-six feet including the supports abutments and foundations of the said railway but as to the lands specified in the agreement in the Second Schedule hereto (parcel of the lands in the Pirst Schedule) only upon the terms and conditions therein contained Provided that the said railway shall be constructed and brought into use vnithin the term of three years from the passing of this Act and that in default thereof or if after its completion the said railway shall cease to be used for three years continuously all the said lands and all the said Company's interest and estate therein shall revert without any conveyance to the original owners thereof their heirs and assigns. 2. It shall be lawful for the said Company to construct at the Power to con- terminus of the said railway at E-ed Point aforesaid such wharf or ^''™* wharves. wharves jetty or jetties and pier or piers as the said Company may think necessary for the purpose of shipping the products of the said mines Provided that no part of any such wharf or jetty shall approach within one thousand two hundred feet of any part of the existing pier belonging to the Mount Kembla Coal and Oil Company (Limited). 3. So much of the lands of the said owners or other persons (other Lands vested in than those lands mentioned and referred to in the said agreement in ^^hout'S' the said Second Schedule hereto) as shall be taken or used by the veyance. Company under the provisions of this Act for the purpose of the said rajilway with such right of ingress egress and regress upon the adjacent lands as may be necessary for the making and repair of the said rail- way shall by virtue of this Act and without the necessity of any con- veyance be vested in the Company Provided that if in the exercise of the powers hereby granted it be found necessary to cross-cut through raise sink shut or use any part of any road whether carriage road or horse road so as to render it impassable or dangerous or inconvenient to the persons entitled to the use thereof or to divert the course or direc- tion of any creek or watercourse the Company shall before the com- mencement of any such operations cause a sufficient road or new creek or watercourse to be made instead of any road or creek or watercourse interfered with and shall at their own expense maintain such substi- 1164 VICTOEIAN COAL-MININ& COMPANY. 48 Victoria, tuted road in a state as convenient as the road interfered with or as nearly as may be And the Company before they use the said lands for any of the purposes aforesaid shall if required so to do separate the same by a sufficient fence from the land adjoining thereto with such gates as may be acquired for the convenient occupation of such land and shall also to all private roads used by them as aforesaid put up fences and gates in like manner in all cases where the same may be necessary to prevent the straying of cattle from or upon the lands traversed by such roads And in case of any difference between the owners or occupiers of such roads and lands and the Company as to the necessity for such fences and gates such fences and gates shall be put up by the Company as two Justices of the Peace shall deem necessary for the purposes aforesaid on application being made to them. tte^mbUo'^°*° ^' '^^^ railway shall be at all times open to the public upon pay- ment of a toll to the Company of two-pence per ton per mile in respect of every ton of goods for every transit the party seeking transit sup- plying and loading his own trucks or waggons and the Company supplying locomotive power being thereunto required by the party seeking transit twenty-four hours at least previously and such supply of locomotive power shall not be compulsory on the Company unless the party seeking transit guarantee and bring one hundred tons at the least during the twelve working hours to be mentioned in such notice But it shall be compulsory on the Company to carry any quantity not less than forty tons if the locomotive be actually at work and all trucks when emptied shall be conveyed on their return free of cost The railway shall be at all times open to the public upon pay- ment of a toll to the Company of one penny per ton per mile in respect of every ton of goods for every transit if the party seeking transit supply the locomotive power as well as trucks or waggons Provided that so long as the Company shall, supply locomotive power no other person shall use locomotive power on the line Provided that if the railway shall be damaged by parties who shall themselves use the railway for transit and supply locomotive power the Company shall be entitled to compensation for such damage to be recovered either by action in the Supreme Court of New South "Wales or if such damage. do not exceed the sum of twenty pounds summarily before two Justices and in esti- mating such damage the Company shall be entitled not only to com- pensation for the cost of repairing and restoring the railway but to the consequential damage (if any) sustained by reason of the suspension of transit or otherwise After the railway shall have been opened for transit the Company shall continue to provide the locomotive power required for using the same (accidents excepted) until twenty-eight days' notice shall have been given by them by advertisement in the New South "Wales Government Gazette that they intend after the expiration of a day to be named in such notice to suspend or discontinue working the railway or supplying the necessary locomotive power thereon whereupon it shall be lawful for any person entitled to |use the railway to provide locomotive power such person paying the toU hereinbefore mentioned to be payable in such event Provided that any person interested in using the railway upon giving to the Com- pany three calendar months notice in writing of his intention so to do may make application to the Executive Council of New South "Wales to reduce the tolls limited by this Act and to create a new scale appli- cable to the traffic on the said railway such new scale being below the scale limited by this Act and it shall thereupon be lawful for the said YICTOEIAN" COAL-MININa COMPANY. 1165 Council to reduce the tolls as in tlie judgment of the said Council shall 48 Victoria. be reasonable Provided that the clear divisible profits of the railway shall be annually made good to the Company by the persons using the said railway at the rate of twenty pounds for every one hundred pounds by the year of the capital proved by the Company to have been expended by them in or about the construction of the railway after debiting the railway with the cost of maintaining the line in proper working order and crediting the railway with the carriage obtained by the Company at the rate aforesaid. 5. It shall be lawful for the owners or occupiers of the lands trav- Branch raiiwaya. ersed by the said railway to lay down upon their own lands any collateral branches of railways to communicate with the said railway for the purpose of bringing carriages to or from or upon the said rail- way and the Company shall if required at the expense of such owners or occupiers make openings in the rails and such additional railways as may be necessary for effecting such communication in places where the communication can be made with safety to the public and without injury to the said railway and without inconvenience to the traffic thereupon and the Company shall not take any rate or toll or other moneys for the passing of any passengers goods or other things along any branch so to be made by any such owner or occupier or other person but this enactment shall be subject to the following restrictions and conditions (that is to say) — The Company shall not be bound to make any such openings in any place which they shall have set apart for any specific purpose with which such communication would interfere nor upon any bridge nor in any tunnel. The persons making or using such branch railways shall be subject to all by-laws and regulations of the Company from time to time made with respect to passing upon or crossing the rail- ways and otherwise and the persons making or using such branch railways shall be bound to construct and from time to time as need may require to renew the off-set slates (a) and switches according to the most approved plan adopted by the Company under the direction of their engineer. 6. It shall be lawful for but not compulsory upon the said Company Right to carry from time to time and at any and all times to carry passengers and P^^cngers. live stock upon the said railways or any part thereof respectively and to make demand take receive and recover such tolls or dues for carrying the same at such rates per mile or other scale of charges as shall be established from time to time by the directors of the Company for or in respect of all such passengers and live stock which shall be conveyed or transported upon such railways or either of them or any part thereof respectively And the directors are hereby authorized to make such by-laws and regulations not inconsistent with this Act as may be neces- sary for the regulation of such traffic and such by-laws or regulations shall be binding upon aU persons using or travelling upon the said railways and any persons offending against such by-laws or regulations shall be liable to a fine not exceeding ten pounds for each offence to be recovered in a summary way before any two Justices Provided always that if the rates tolls or dues that may be established as aforesaid under and by virtue of this Act shall be found excessive it shall and may be lawful for the Executive Council to reduce the said rates tolls or dues and to revise them in such manner as may seem most proper (a) Qy. — plates. U66 VICTOEIAN COAL-MINING COMPANY. Power to divert or alter roads or watercourses. Penalty for not substituting? roads or water- courses. 48 Victoria, and advisable And it is hereby provided that nothing in this Act con- tained shall extend to charge or make liable the said Company further or in any other case than where according to the laws of this Colony stage-coach proprietors and common carriers would be liable nor shall extend in any degree to deprive the said Company of any protection or privilege which common-carriers or stage-coach proprietors may be entitled to but on the contrary the Company shall at all times be entitled to the benefit of every such protection and privilege. 7. For the purposes and subject to the provisions hereinafter con- tained it shall be lawful for the Company their deputies agents servants and workmen and all other persons by them authorized and empowered to divert or alter the course of any roadway or watercourse crossing the railways or either of them or to raise sink or divert any roadway or water-course in order the more conveniently to carry the same over or under or by the side of the railways or either of them. 8. If the Company do not cause another sufficient road or new creek or watercourse to be so made before they interfere with any such existing road creek or watercourse as aforesaid they shall forfeit twenty pounds for every day during which such substituted road creek or water- course shall not be made after the existing road creek or watercourse shall have been interrupted and such penalties shall be paid to the trustees commissioners surveyor or other persons having the manage- ment of such road if a public road and shall be applied for the purposes thereof or in case of a private road the same shall be paid to the owner thereof and every such penalty shall be recoverable with costs by action in any of the superior Courts. Kepairs of roads. 9. If in the course of making the said railways or either of them the Company shall use or interfere with any road they shall from time to time make good all damage done by them to such road and if any question shall arise as to the damage done to any such road by the Company or as to the repair thereof by them such question shall be referred to the determination of two Justices and such Justices may direct such repairs to be made in the state of such road in respect of damage done by the Company and within such period as they may think reasonable and may impose on the Company for not carrying into effect such repairs any penalty not exceeding ten pounds per day as to such Justices shall seem fit and any such penalty shall be paid to the surveyor or other person having the management of the road interfered with by the Company if a public road and be applied for the purposes of such road or if a private road the same shall be paid to the owner thereof Provided always the said Justices shall have regard to and shall make full allowance for any tolls that may have been paid by the Company on such road in the course of using thereof. 10. If the railways cross any public highway or parish road then either such road shall be carried over the railways or the railways shall be carried over such road by means of a bridge of the height and width and with the ascent or descent by this Act in that behalf hereinafter provided and such bridge with the immediate approaches and all other necessary works connected therewith shall be executed by and be at all times thereafter maintained at the expense of the Company Provided that with the consent of two Justices it shall be lawful for the Com- pany to carry the railways across any highway on the level. Bridges to be constructed where the rail- ways cross highway. VICTOEIAN COAL-MININ& COMPANY. 1167 IL. Until the Company shall have made the bridges or other proper 48 Victoeia. communications which they shall under the provisions herein contained owners and have been required to make between lands intersected by the railways ?j°™P'^''^ "°^^' and no longer the owners and occupiers of such lands and any other persons whose right-of-way shall be affected by the want of such com- munications and their respective servants may at all times freely pass and repass with carriages horses and other animals directly but not otherwise across any part of the railway made in or through their respective lands solely for the purpose of occupying the same lands or for the exercise of such right-of-way and so as not to obstruct the passage along the railways or to damage the same nevertheless if the owner or occupier of any such land have in his arrangements with the Company received or agreed to receive compensation for or on account of any such communications instead of the same being formed such owner or occupier or those claiming under him shall not be entitled so to cross the railways. 12. The Company shall subject to regulations to be made from Provision in time to time by the Commissioner for Eailways and approved by the Government Grovernor and Executive Council have power to cross the Illawarra railways are railway line on the level in such manner as shall be approved by the il°li °° "■ Commissioner for Railways And the rails for such crossing shall be laid down at the expense of the said Company under and subject to the direction and approval of the Commissioner for Eailways and for that purpose to lay down such rails and execute such other works as shall be necessary for the purpose of such crossing Provided that the said Company shall before they shall be at liberty to cross the said railway erect upon their own land and at all times thereafter maintain a suitable station or lodge at the place where the said Company's rail- way shall cross the Illawarra railway on the level and shall also erect and maintain all necessary signals that is to say all junction or crossing signals and two distance signals at the said crossing And the said Company shall employ and constantly keep employed at their own expense at the said crossings fit and proper persons to attend to such signals and the persons so employed shall act under and in accordance with the regulations to be made by the Commissioner for Eailways and approved by the Grovernor and Executive Council as aforesaid. 13. If the railway cross any private railway or public highway or provisions in parish road on a level the Company shall erect and at all times main- Sg"or'\ram- tain good and sufficient gates across such road on each side of the ways or private railways where the same shall communicate therewith and shaU employ crosIeroH proper persons to open and shut such gates and such gates shall be level, constantly kept closed across such road on both sides of the railways except during the time when horses cattle carts or carriages passing along the same shall have to cross such railways and such gates shall Ire of such dimensions and so constructed as when closed to fence in the railways and prevent cattle or horses passing along the road from entering upon the railways and the person entrusted with the care of such gates shall cause the same to be closed as soon as such horses cattle carts or carriages shall have passed through the same under a penalty of forty shillings for every default therein Provided always that it shall be lawful for the Secretary for Public "Works m any case in which he shall be satisfied that it will be more conducive to the public safety that the gates on any level crossing over any such road shall be kept closed across the railways to order that such gates shall 1168 VICTOEIAlSr COAL-MINING COMPANY. Power to enter upon adjoining lands to repair 48 VicTOEiA. be kept so closed instead of across tlie road and in such case such gates shall be kept constantly closed across the railway except when engines or carriages passing along the railways shall have occasion to cross such road in the same manner and under the like penalty as above directed with respect to the gates being kept closed across the road And the Company shall either by themselves or jointly with any other Company employ proper persons to look after such gates and signals as may be ordered by and to the satisfaction of the Commissioner for Railways . 14. In case of accidents or slips happening or being apprehended to the cuttings embankments or other works of the said railways it accidents " sub- shall be lawful for the Company and their workmen and servants to restrictions? enter Upon the land adjoining thereto at any time whatsoever for the purpose of repairing or preventing such accidents and to do such works as may be necessary for the purpose but in every case the Company shall within forty-eight hours after such entry make a report to the Secretary for Public "Works specifying the nature of such accident or apprehended accident and of the works necessary to be done and such powers shall cease and determine if the said Secretary- shall after con- sidering the said report certify that their exercise is not necessary for the public safety Provided also that such works shall be as little injurious to the adjoining lands as the nature of accident or appre- hended accident will admit of and shall be executed with all possible dispatch and full compensation shall be made to the owners and occupiers of such lands for the loss or injury or inconvenience sus- tained by them respectively by reason of such works the amount of which compensation in case of any dispute about the same shall be settled by arbitrators in the manner hereinafter mentioned and provided also that no land shall be taken permanently for any such works other- wise than is herein provided in respect to the lands originally taken for the purpose of making the said railways. Construction of 15. Every bridge to be erected for the purpose of carrying the rail- roada. ways over any road shall be built in conformity with the following regulations that is to say : — • The width of the arch shall be such as to leave thereunder a clear space of not less than thirty feet if the arch be over a public highway and of twenty feet if over a parish road and of twelve feet if over a private road. The clear height of the arch from the surface of the road shall not be less than sixteen feet for a space of twelve feet if the arch be over a main road and fifteen feet for a space of ten feet if over a public carriage-road and in each of such cases the clear height at the springing of the arch shall not be less than twelve feet the clear height of the arch for a space of nine feet shall not be less than fourteen feet over a private road. The descent made in the road in order to carry the same under the bridge shall not be more than one foot in thirty feet if the bridge be over a public highway one foot in twenty feet if over a parish road and one foot in sixteen if over a private road not being a tramroad or railroad or if the same be a tramroad or railroad the descent shall not be greater than the ruling gradient of such tramroad or railroad. TICTOEIAN COAL-MINING COMPANY. 1169 16. Every bridge erected for carrying any road over the railway shall 48 Victokia. be built m conformity with the following regulations that is to say— Construction of There shaU be a good and sufficient fence on each side of the rauS.°™' bridge of not less height than four feet and on each side of the immediate approaches of such bridge of not less than three feet. The road over the bridge shall have a clear space between the fences thereof of thirty -five feet if the road be a pubHo high- way and twenty -five feet if a parish road and twelve feet if a private road. The ascent shall not be more than one foot ia thirty feet if the road be a main road one foot in twenty feet if a parish road and one foot in sixteen if a private road not being a tramroad or railroad or if the same be a tramroad or railroad the ascent shall not be greater than the ruling gradient of such tramroad or railroad. 17. Provided always that in all cases where the average available The width of the width for the passing of carriages of any existing road within fifty exjfeld thlwiSth yards of the points of crossing the same is less than the width herein- "f the road in before prescribed for bridges over or under the railways the width of °^'**'° '^^^^' such bridges need not be greater than such average available width of such roads but so nevertheless that such bridges be not of less width in case of a public highway or parish road than twenty feet Provided also that if at any time after the construction of the railways the average available width of any such road shall be increased beyond the width of such bridge on either side thereof the Company shall be bound at their own expense to increase the width of the said bridge to such extent as they may be required by the trustees or surveyors of such road not exceeding the width of such road as so widened or the maximum width herein prescribed for a bridge in the like case over or under the railways. 18. Provided also that if the mean inclination of any road within Existing inciina- two hundred and fifty yards of the point of crossing the same or the "°° °d'^°^d^ inclination of such portion of any road as may be required to be verted need not altered or for which another road shall be substituted shall be steeper ^^ ™P"^ed. than the inclination hereinbefore required to be preserved by the Company then the Company may carry any such road over or under the railways or may construct such altered or substituted road at any inclination not steeper than the said mean inclinations of the road so to be crossed or of the road so requiring to be altered or for which another road shall be substituted. 19. The Company shall make and at all times thereafter maintain works for hene- the following works for the accommodation of owners and occupiers of ° °^°^'^- lands adjoining the railways that is to say — Such and so many convenient gates bridges arches culverts and Gatea bridges passages over under or by the sides of or leading to or from *''• the railways as shall be necessary for the purpose of making good any interruptions caused by the railways to the use of the lands or any streets not diverted under the powers herein contained through which the railways shall be made and such works shall be made forthwith after the part of the railways passing over such lands shall have been laid out or formed or during the formation thereof. 4 £ 1170 YICTOEIAN COAL-MINIISTG COMPANY. 48 VioTOEiA. All sufficient posts rails hedges ditches mounds or other fences for Fences. Separating the land taken for the use of the railways from the adjoining lands not taken and protecting such lands from tres- pass or the cattle of the owners or occupiers thereof from straying thereon by reason of the railways together with all necessary gates made to open towards such adjoining lands and not towards the railways and all necessary stiles and such posts rails and other fences shall be made forthwith after the taking of any such lands if the owners thereof shall so require and the said other works as soon as conveniently may be. Drains. Also all necessary arches tunnels culverts drains or other passages either over or under or by the sides of the railways of such dimensions as will be sufficient at all times to convey the water as clearly from the lands lying near or affected by the railways as before the making of the railways or as nearly so as may be and such works shall be made from time to time as the railway works proceed. Watering-places. Also proper watering-places for cattle or compensation in lieu thereof where by reason of the railways the cattle of any person occupying any lands lying near thereto shall be de- prived of access to their former watering-places and such watering-places shall be so made as to be at all times suffi- ciently supplied with water as heretofore and as if the railways had not been made or as nearly so as may be and the said Company shall make all necessary watercourses and drains for the purpose of conveying water to the said watering- places Provided always that the Company shall not be re- quired to make such accommodation works in such a manner as would prevent or obstruct the working or using of the railways nor to make any accommodation works with respect to which the owners and occupiers of the land shall have agreed to receive and shall have been paid compensation instead of the making them. Penalty on 20. If any person omit to shut and fasten any gate set up at either to'fSen'gates!^ side of the said railways for the accommodation of the owners or occupiers of the adjoininglands as soon as he and the carriage cattle or other animals if any under his care have passed through the same he shall forfeit for every such ofEence any sum not exceeding ten pounds. Minerals not to 21. The Company shall not be entitled to any mines of coal iron- stone slate or other minerals under any land vested in them by virtue of this Act except only such parts thereof as shall be necessary to be dug or carried away in the construction of the works hereby authorized. 22. If within twenty-eight days after the passing of this Act the said persons through whose lands the railroad shall pass or any of them and the promoters shall not agree as to the amount of compensation to be paid by them for the said lands belonging to the said parties or any of them or for any damage that may be sustained by them or him by reason of the execution of the works the amount of such compen- sation shall be settled by two arbitrators one to be appointed by the party or parties complaining and the other by the Company in accordance with the provisions of the Act thirty-first Victoria number fifteen An Act to make arbitrations more effectual. Arbitration. yiCTOEIAN COAL-MINING COMPANY. 1171 23. Tte Company shall make compensation and satisfaction to the 48 Victoeia. said owners and occupiers (the amount of such compensation and compensation satisfaction to be ascertained and recovered in case of difference in the '°'" temporary IT •in\n, , ... permanent or manner hereby provided) tor temporary permanent or recurring nijury recurring inju- and all other damage loss costs charges and inconvenience which may ™^' in anywise be occasioned to the said owners or occupiers by the non- performance by the said Company of any of the matters and things hereby required to be performed by them or otherwise In every case Compensation to where the Company shall take temporary possession of lands by virtue tenrporary" of the powers hereby granted it shall be incumbent on them within occupation. one month after their entry upon such lands upon being required so to do to pay to the occupier of the said lands the value of any crop or dressiag that may be thereon as well as full compensation for any other damage of a temporary nature which he may sustain by reason of their so taking possession of his lands and they shall also from time to time during their occupation of the said lands pay half-yearly to such occu- pier or to the owner of the lands as the case may require a rent to be fixed by two Justices in ease the parties differ and shall also within six months after the completion of the railway pay to such owner and occupier or deposit in the bank for the benefit of all parties interested as the case may require compensation for all permanent or other loss damage or injury that may have been sustained by them by reason of the exercise as regards the said lands of the powers hereby granted including the full value of all clay stone gravel sand and other things taken from such lands. 24. Por the purpose of regulating the conduct of the officers and Company may servants of the Company and for providing for the due management "^^^ by-laws, of the affairs of the Company in all respects it shall be lawful for the Company subject to the provisions herein mentioned from time to time to make such by-laws and regulations as they shall think fit Provided that such by-laws be not repugnant to the laws of the Colony or to the provisions of this Act or to any resolutions of any general meeting of shareholders and such by-laws shall be reduced into writing and shall have affixed thereto the common seal of the Company and a copy of such by-laws shall be given to every officer and servant of the Company affected thereby and such by-laws may specify a maximum and minimum penalty for any breach thereof such penalty to be proceeded for and recovered under the provisions of the Act eleventh and twelfth Victoria chapter forty -three Provided always that any by-laws of the said Company relating to penalties must be first approved of by the Attor- ney- Greneral of the Colony for the time being. 25. The production of a printed or written copy of the by-laws of Evidence of by- the Company having the common seal of the Company affixed thereto ^^™^- shall be sufficient evidence of such by-laws in all proceedings under the same. 26. In this Act the said Justices shall mean Justices of the Peace interpretation in and for the territory of New South "Wales and where any matter '''*"^^- shall be authorized or required to be done by two Justices the expres- sion "two Justices" shall mean two Justices assembled and acting together in Petty Sessions and the word "owner" shall mean any person or corporation who under the provisions of this Act would be able to sell land to the Company. 27. Nothing in this Act contained shall derogate from or prejudice A^eement siiaii the said agreement in the Second Schedule hereto nor shall anything °° ^^ ^^ ■ 1172 VICTOEIAN COAL-MINING COMPANY. 48 VicioEiA. in this Act contained be deemed or operate to confer wider or greater powers or title on the said Thomas Saywell or the said Company with respect to the lands in the said agreement more particularly described than in and by the said agreement are conferred. Short title. 28. This Act shall be deemed to be a public Act and shall be styled and may be cited as the " Victorian Coal-mining Company's Act of 1884." FIEST SCHEDULE HEEEINBEPOEE EEPEEEED TO. Description of the Victorian Coal-mining Company's Raihoay from their Estate Mount Kembla to Port Kembla. Commencing on the south boundary of Cunningham Atchison's one hundred and seventy-nine acres two roods grant at a point about one chain westerly from the south-east corner of said land thence south-easterly about two chains passing through Mathew Reen's property (being grant of fifty-two acres two roods and five perches to William Shone) also crossing reserved roads to Mr. M'Loy's pro- perty thence again south-easterly partly by a curved line about thirty-seven chains passing through that property (being grants of fifty-two acres one rood and five perches to Daniel Healy and seventy-one acres and twenty-two perches to John Lindsay respectively) and crossing all reserved roads to Mr. Blackman's property thence through that property partly by a curved and straight line easterly about thirty-four chains fifty links to a reserved road thence in the same direction across that road about fifty-five links to Mr. Blackman's land aforesaid thence south- easterly by curved lines about thirty-one chains through that land (being in all grants to Robert Martin Cole of one hundred and twenty-three acres Robert Martin Cole of forty-eight acres and Robert Martin Cole of one hundred acres) and crossing reserved roads to Mr. O'Brien's land thence passing through that property north-easterly and northerly by curved lines about thirty-seven chains (being part of John Wyllie's two thousand acres also the whole of Robert Martin Cole's forty- seven acre grant) and crossing reserved roads to Mr. G. Waple's land thence passing through that land north-easterly by a curved line about thirty-three chains (being grant to George Waples of seventy-seven acres one rood and twenty-four perches) and crossing reserved roads to Mjr. NicoUe's property thence passing through that property easterly by curved lines about thirty-seven chains (being grant of seveuty- oight acres to John Head) and crossing reserved roads to Mr. Cummins's land thence passing through that land easterly by curved and straight lines about twenty -five chains (being grant of one hundred acres to James Cummins) and crossing all reserved roads to Mr. Jenkins' estate thence passing through that estate by curved and straight lines north-easterly about sixty -four chains to the Mount Kembla Coal and Oil Company's railway thence easterly across that railway at a point about three hundred and sixty-two chains f ronr the Mount Kembla Coal and Oil Company's jetty at Port Kembla about seventy links to Mr. Jenkins' property thence south-easterly by curved lines through that property about twenty-eight chains to the South Coast Road thence across that road at a point on a level and adjoining the crossing of the Mount Kembla Coal and Oil Company's railway afore- said south-easterly about one chain to Mr. Jenkins' land aforesaid thence through that land south-easterly by a curved line about thirteen chains fifty links to the lUawarra railway thence across that railway at a level and at a point about fifty- ■one miles fifty-three chains along the Illawarra railway starting from Sydney £0uth-easterly about two chains to Mr. Jenkins' land thence passing through that land by straight and curved lines south-easterly about one hundred and thirty-six chains fifty links (being in all grants to Jemima Jenkins of two thousand acres and one thousand acres) and crossing all reserved roads to Mr. Wentworth's land thence passing through that property south-easterly and north-easterly by straight and curved lines about one hundred and fifty-three chains and crossing reserved roads (being original grant of two thousand two hundred acres to David Allen) to Port Kembla being the waters of the South Pacific Ocean exclusive of an area of about six acres for shunting purposes as shown on plan and being a point about two thousand feet in a straight lino westerly from the base of the Mount Kembla Coal Company's jetty being the proposed site of the Victorian Coal Company's proposed new jetty the north-eastern end of which is to be one thousand two hundred feet from the said Mount Kembla Coal and Oil Company's jetty Also a. railway siding starting from about where the above-described line crosses the VICTOEIAK COAL-MININa COMPANY. 1173 South Coast Bead and passing through Mr. Jenkins' land aforesaid by a curved 48 Victoeia, line north-easterly about twenty-five chains to the lUawarra railway be the said dimensions a little more or less Tlie above line to run parallel with and adjoining the Mount Kembla Company's railway from a point near where it crosses the lUa- warra railway 'to a point about twenty chains south-westerly from Port Kembla where the said terminus is to be. SECOND SCHEDULE HEEEINBEEOEE EEEEEEED TO. An agreement entered into this twenty-ninth day of April in the year of our Lord one thousand eight hundred and eighty-four between D'Aroy Wentworth of in England Esquire of the first part Fitzwilliam Wentworth of Vaucluse near Sydney but at present out of the Colony of New South Wales Esquire of the second part and Thomas Saywell of Sydney aforesaid merchant trading as the Victoria Coal-mining Company of the third part witnesseth that the parties of the first and second parts (hereinafter called the lessors) agree to give and the said Thomas Saywell for himself his executors administrators and assigns (hereinafter called the lessee) agrees to accept a lease of all those pieces or parcels of land and hereditaments described and comprised in the Schedule hereto with liberty and power to make and construct a line of railway in through and over the said demised premises and to make build and con- struct such roads tramways wharves jetties piers and buildings in through over and on the piece of land described in the first part of the said Schedule as the said lessee may think necessary and for the purposes aforesaid to dig for search work quarry and use all stone sand gravel and other building or road material and to cut and use the timber on the said demised premises (but excepting coal and other minerals thereon or thereunder which are reserved to the lessors) The term of the said lease is to be for fifty years from the date hereof at the nominal rent of one peppercorn if demanded for the first one and a half years of the said term and tor the next fifteen years of the said term that is from the twenty-ninth day of October one thousand eight hundred and eighty-five the rent or royalty of one half- penny and for the residue of thirty-three and a half years of the said term that is from the twenty-ninth day of October one thousand nine hundred the rent or royalty of one penny for every ton of coal or shale or other goods carried by the said lessee his heirs executors administrators or assigns or his or their licensees over to or from the railway line to be constructed on the said demised lands and in the event of the said term being determined after the said twenty-ninth day of October one thousand eight hundred and eighty-five between two of the said half- jrearly days by re-entry under the proviso in that behalf to be contained in the [ease a proportionate part of the rent or royalty for the fraction of the current balf-year up to the day of such determination And it is agreed that such rent or royalty shall never be less after the said first year and a half (that is from the said twenty-ninth day of October one thousand eight hundred and eighty-five) than the sum of seventy-five pounds for each half-year and that if at any time or times the rent or royalty of one halt-penny or penny per ton for any half-year after the period aforesaid shall not amount to the sum of seventy-five pounds then the les- sees will for every such half-year pay the sum of seventy-five pounds clear of all ieductions The said rents and royalties may be recoverable by distress or other- (vise by the person or persons for the time being entitled to receive the same or his ittorney or agent All rates taxes charges assessments port- or harbour dues and )utgoings whatsoever which are now or may be at any time hereafter during the said term assessed charged or imposed upon the said demised land or the owner or )ocupier in respect thereof shall be borne by the said lessee The said lessee on jach of the half-yearly days appointed for payment of rents is to deliver to the iaid lessors or their agent a true account showing the total amount of coal and ihale and other goods during the preceding half-year subject to rent or royalty and }0 verify such accounts by the statutory declaration of the clerk or book-keeper of ;he said lessee or by the said lessee or otherwise to the satisfaction of the said essors The said lessee to properly and securely fence ofif within the space of three months from the date of the obtaining and passing of an Act of Parliament author- zingtheconstructionof thesaid railwayand during the said term keep seourelyfenced ■rom the adjoining lands by means of a substantial post and rail cattle-proof fence at least four feet in height) the piece or parcel of land described in the said Schedule hereto Also to keep open the roads and paths over and across the said 3iece or parcel of land described in the second part of the said Schedule by proper Dridges and passages where the railway to be constructed thereon as aforesaid ihall interfere with the roads or paths now existing or hereafter to be made and to 1174j: victoeian coal-mining- company. 48 ViCTOBiA. make and maintain proper gates across the sb,id railway at such openings and places as the lessors shall reasonably require To use and occupy the said lands described in the first part of the said Schedule for the purpose only of the said rail- way roads tramways wharves jetties piers or buildings sheds offices and con- veniences to be used in connection with and for the purposes of the said railway or for yards or shoots or standing room or sidings for waggons or goods but not for cottages or dwelling-houses of any kind whatever and generally to use the whole of the land hereby demised only for such purposes as relate solely to the business of the said railway and for no other purpose and not to assign or sublet the same or any portion thereof for settlement or other purposes The lessors and their under-tenants to have right of access at proper places to the said jetty and railway for carriage and shipping goods Farm produce stock (live or dead) and materials to and fro the said lessee charging fair and reasonable wharfage freights and carriage and provided that the said lessee is not thereby unreasonably incon- venienced in the ordinary working of the said railway it being intended that the said lessee may derive the full benefit of his works and improvements in the business of transit of minerals from his mines and that the lessors shall derive the full benefit of settlement in and about the Company's works on the adjoining lands A lease to be prepared by the lessors and executed by both parties on the basis of this agreement but at the expense of the said lessee who is also to pay the costs of and incident to this agreement and to contain a proviso for re-entry on non-payment of rent or non-performance by the said lessee of any of the covenants and stipulations and to contain all usual covenants and clauses in leases of this nature and a counterpart of the said lease is to be duly and properly executed by the said Thomas Saywell (at his expense) within a reasonable time after the pre- paration thereof and handed to lessors and this agreement is entered into subject to the above conditions and stipulations being duly performed. THE SCHEDULE. Part 1. All that piece or parcel of land situated at Port Kembla near WoUongong county of Camden and Colony of New South Wales be the hereinafter-mentioned several dimensions a little more or less containing by admeasurement five acres Com- mencing at the waters of the South Pacific Ocean being the north-eastern boundary of the Five Islands Estate at a point about twenty-seven chains thirty links westerly from the base of the Mount Kembla Coal and Oil Company's jetty at Port Kembla aforesaid thence on the north-east by the said waters of the South Pacific Ocean bearing north-westerly four chains thence south-westerly fifteen chains fifty links and eight chains fifty links thence south-easterly one chain thence north-easterly by a curved line twenty-three chains to the point of com- mencement the whole being part of Mr. D. Wentworth's property being original grant of two thousand two hundred acres to Mr. D. Allen. This description is subject to verification or survey and correction (if necessary) by lessor before lease drawn. Paet 2. All that piece or parcel of land situated near Port Kembla near WoUongong in the parish of WoUongong county of Camden and Colony of New South Wales be the hereinafter mentioned several dimensions a little more or less containing by admeasurement thirteen acres commencing at the western boundary of the Five Islands Estate (Mr. D. Wentworth's property) at a point where the northern boundary of the Mount Kembla Coal and Oil Company's railway crosses the western boundary of the Five Islands Estate aforesaid thence south-easterly easterly and south-easterly by straight and curved lines and parallel to the Mount Kembla Coal and Oil Company's railway one hundred and thirty-one chains to the five acres reserved for shunting purposes et cetera in connection with the shipping of coal et cetera by the Victorian Coal Company at their proposed new jetty the whole being part of Mr. D. Wentworth's property being original grant of two thousand two hundred acres to Mr. D. Allen. This description to be verified and surveyed and corrected (if necessary) by lessor before lease drawn. As witness the hands of the said parties the day and year first before written— F. WENTWORTH By his attorney J. R. Hill. WAG&A WAGGA GAS. 1175 Signed by the said 'Fitzwilliain Weutworth by his attorney James Richard Hill in 48 ViOTOEIA, the presence of — John Pabkinson Solicitor 58 Hunter-street Sydney. D'ARCY WENTWORTH By his attorney J. R. Hill. Signed by the said D'Aroy Wentworth by James Richard Hill his attorney in the presence of — John Pakkinson Solicitor. THOMAS SAYWELL. Signed by the said Thomas Say well in the presence of — C. A. Atchison. JJames Richard HiU of Sydney in the Colony of New South Wales do solemnly and sincerely declare that I have not received any notice of the revocation by death or otherwise of the power-of -attorney granted to me by FitzwilliaraWentworth dated the twenty-first day of March one thousand eight hundred and eighty-three or of the power-of-attomey granted by D'Arcy Wentworth to me dated the thirteenth day of June one thousand eight hundred and eighty-one And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of an Act made and passed in the ninth year of the reign of Her present Majesty intituled An Act for the more effectual abolition of Oaths and AiErma- tions taken and made in various departments of the Government of New South Wales and to substitute Declarations in lieu thereof and for the suppression of voluntary and extra-judicial Oaths and Affidavits. J. R. HILL. Declared and subscribed at Sydney this fifth day of May a.d. one thousand eight hundred and eighty -four before me — T. Salter A Commissioner for Affidavits. We the undersigned hereby certify that we have examined the writing contained on this and the six preceding pages with the original agreement and that the same is a true copy thereof. — Dated at Sydney this eighth day of May a.d. one thousand eight hundred and eighty-four. JOHN PARKINSON Solicitor Sydney. L. GIBSON Solicitor Sydney. WAGGA WAGGA GAS. An Act to enable William "Wark and Jolan Anderson u Victobl4. Wark to construct Gas-works within the Borough and Suburbs of Wagga Wagga. [4 April, 1881.] WHEEBAS it is expedient that tlie borougi of Wagga "Wagga preamble. and suburbs in the Colony of New Soutli Wales should be supplied and lighted with gas And whereas William Wark and John Anderson Wark hereinafter designated the promoters desire to estab- lish and carry out works for such purposes and other purposes incidental thereto in the said borough and suburbs And whereas the Municipal Council of the said borough have at the request of the said William Wark and John Anderson Wark and in consideration of the benefits to arise from the establishment and carrying out of such work con- sented to the vesting in the said William Wark and John Anderson Wark of all necessary powers and authorities so far as the rights and 1176 WAGQA WAGQA GAS. 44 Victoria, interests of tlie said Municipal Council are concerned Be it therefore enacted by tlie Queen's Most Excellent Majesty by and witli 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 : — • Authority to 1. The promoters are hereby fully authorized and empowered them- break^up™treet Selves or by their servants contractors agents workmen and others roads &c. from time to time to make erect sink lay place fit maintain and repair such retorts gasometers meters receivers cisterns engines machines cuts drains sewers watercourses pipes reservoirs buildings and other works and devices of such construction and in such manner as the promoters shall think necessary or proper for the purpose of carrying out the operations of the promoters in respect of and incidental to the making and supplying of gas in conformity with this Act and also for all such purposes to open and break up the soil and pavement of the several streets and bridges within the limits of the borough and suburbs aforesaid and to open and break up any sewers drains or tunnels within or under such streets and bridges and to erect posts pillars lamps lamp- irons and other apparatus in or upon the same streets and bridges or against any wall or walls erected on or adjoining to any of them and to dig and sink trenches and drains and to lay mains and pipes and put stop-cocks siphons plugs or branches from such mains or pipes in under across or along such streets and bridges and also with such consent as hereinafter mentioned to do the like in under across or along any private roads ways lanes passages buildings and places and from time to time to cut stop remove alter repair replace and relay such main-pipes stop-cocks siphons plugs branches or other apparatus Provided always that nothing in this section contained shall be deemed to authorize the promoters their servants contractors agents or work- men to enter into or upon any private lands buildings or places for any of the purposes aforesaid or thereon to carry out any of the opera- tions of the promoters without the previous consent in writing of the occupiers thereof except that the promoters may at any reasonable time by themselves their servants agents or workmen enter upon any land , or place wherein any pipe hath already been lawfully laid down or placed in pursuance of this Act and repair or alter the existing pijje or lay or place any new pipe in the stead thereof And provided also that the promoters shall unless in case of accident give forty-eight hours notice in writing to the Council Clerk of the municipality prior to the opening or breaking up as aforesaid of any street road pavement sewer drain or tunnel within the said municipality. 2. It shall be lawful for the promoters to contract with any person (whether incorporate or individual) for supplying with gas any such person or any street way lane passage manufactory shop warehouse public or private house building or place and for such purpose from time to time to lay down carry fit up connect and furnish any pipe branch or burner lamp meter or other apparatus from or in connection with any main pipe or to lay down any new main which for such pur- poses may be required and to let any such apparatus for hire for such sum as may be agreed upon which sum may be recovered in like manner as any rent or remuneration for the supply of gas Provided always that in all cases where damage may be done by the promoters their agents workmen or others in the course of laying on or removing apparatus the said damage shall be made good at the expense of the Power to make contracts for supply of gas. And carry out works for that purpose. WA&G-A "WAGG-A &AS. 1177 promoters and in case they shall delay within a reaaonahle time to 44 Victoria. make good such damage the owner or occupier of such premises may make good the same and recover the expense thereof from the said promoters in the same manner as is herein provided for the recovery of any sum of money payable under the provisions of this Act Pro- Occupier vided also that if any owner or occupier of any building tenement or Removal df place or any person acting for him shall refuse reasonable access in apparatus. pursuance of the provisions of this section or the fifth section of this Act to the contractors agents workmen or servants of the promoters for the purpose of removing any such pipe burner meter or apparatus placed or introduced into any such building tenement or place by the promoters or shall prevent or obstruct such removal then the said owner occupier or person acting for him shall immediately make pay- ment to the promoters for such pipe burner meter or apparatus and in default of his so doing within three days after demand thereof made at the same building tenement or place or the residence of the party it shall be lawful for the promoters to make complaint thereof before any Justice of the Peace who may cause to be issued a summons to the per- son so making default calling on him to shew cause before the nearest Court of Petty Sessions to where the building tenement or place is situated why he refuses to pay such demand and thereupon the said Court shall proceed to the adjudication and enforcement of such demand in the manner hereinafter set forth And if anv person shall Fraudulent use T 1 • , • J. -j-i • " • , of eras obstruc- place or lay any pipe to communicate with any mam-pipe meter or tion of workmen other apparatus already laid placed or erected by the said promoters or ^^^s^a to shall use additional burners or burners of larger dimensions or of other kind or description than that he has contracted with the promoters to use or shall keep the gas supplied by the promoters burning for a longer time than he has contracted with the promoters to pay for or shall supply any person with any of the gas supplied to him by the promoters without their consent in writing first obtained or if any person shall wantonly or maliciously hinder or interrupt the con- tractors workmen agents or servants of the promoters in legally doing or performing any of the acts aforesaid or in exercising the powers and authorities by this Act given or if any person shall wUfuUy negligently or accidentally do or cause to be done any injury or damage to any of the buildings machinery pipes burners lamps meters or apparatus of the promoters or remove the same or cause a waste or improper use of gas supplied by the promoters it shall be lawful for the promoters to make a complaint thereof before any Justice of the Peace who may cause to be issued a summons to the person so offend- ing to appear before the Court of Petty Sessions nearest to the place where such ofEence shall be committed and being thereof lawfully con- victed such person shall forfeit and pay to the promoters any sum not exceeding five pounds over and above all damages done and over and above all costs such sum to be ascertained by such Court and to be enforced by distress and all proceedings under this Act not herein expressly provided for shall be regulated and conducted in accordance with the powers of the law in force for the time being respecting summary proceedings before Justices of the Peace and all such pro- visions shall so far as the same are applicable be enforced and observed in all proceedings under this Act not herein expressly provided for. 3 No pipe burner lamp meter or other apparatus of the promoters Apparatus not being set up in any building tenement or place shall be subject to dis- toi'a%xecuttou tress for rent or shall be taken in execution under any process or &c 1178 WAGG-A "WAGGA GAS. 4i Victoria, proceeding of any Court of law or equity or under any proceedings in bankruptcy or insolvency save so far as any process or proceedings against the promoters are concerned. Materials of 4. Wlien and so often as the promoters their servants contractors brototo'bere- ^g^nts or Workmen shall have opened broken up or removed the soil or placed. pavement of any street or bridge as aforesaid or shall have opened or broken up any sewers drains or tunnels within or under any such streets or bridges the promoters shall make all reasonable despatch in performance of the work to be done and shall on completion of such work forthwith carry away all rubbish and waste or surj)lus material and reinstate such pavement stone or other material and render such street or bridge and every such sewer drain and tunnel within or under the same as nearly as possible in the same condition as it was in pre- viously to the disturbance thereof and during the continuance of such work and until such reinstatement the promoters shall set up sufficent Barriers and barriers and keep lights burning at night in order to prevent accidents ughts to be kept ^q^. also wheii and so often as any gas pitch waste tar waste liquid or "J"'. other things shall escape or How from any pipe receivers or drain being part of or incidental to the works to be erected under this Act so as to contaminate the air or any stream spring or other watercourse or body of water natural or artificial and render the same unhealthy or offensive or unfit for use it shall be lawful for any person to give notice thereof in writing to the promoters who shall immediately take the most speedy and effectual measures to prevent or remedy the same and if the pro- moters shall make default in any of the matters so required by them to be performed it shall be lawful for any person to lodge complaint thereof before any Justice of the Peace who may summon the pro- moters before the nearest Court of Petty Sessions and on proof of such default the said Court of Petty Sessions shall order and direct that the said matters shall be done by the promoters within a reason- able time to be named by such Court and in default of compliance with such order any Justice of the Peace on proof of such default on the part of the promoters and on proof that the complainant or any other person has performed the said work so to be done and of the costs charges and expenses attending the same shall issue a distress warrant against the goods and chattels of the promoters for any amount not exceeding the said charges and expenses and the cost of prosecuting such complaint to be paid to the person performing the said work as aforesaid. Power to cut off 5. It shall be lawful for the promoters to cut off and take away the gas of defaulter. gupp]^y gf gas from the building tenement or other place of every per- son or body malcing default in payment after giving twenty-four hours notice to the occupier and thenceforth to discontinue the supply of gas contracted for with the promoters by such person or body and to enter by themselves their agents or workmen into such building tene- ment or place between tlie hours of nine in the forenoon and four in the afternoon and remove and carry away any pipe burners lamp meter or other apparatus the property of the promoters and the pro- moters shall have the like powers with regard to ■ cutting off taking away and discontinuing the supply of gas in the case of the building tenement or place of any person who shall have been lawfully convicted as hereinbefore provided of any fraudulent injury to any meter or apparatus on such premises or fraudulent use of the gas of the pro- cover'^^f'"''^t ™°*'®^^ -^^^ i^ '^^^^ ^^J person or body who shall contract with the of gag. promoters or agree to take or shall take or use the gas of the promoters WAGGA WAaGA GAS. 1179- in any building tenement or place or otherwise shall refuse or 44 Victobia. neglect to pay the sum or sums of money then due under his or their contract for the same to the promoters according to the terms and stipulations thereof it shall be lawful for the promoters to make com- plaints of such refusal or neglect before any Justice of the Peace who may cause to be issued a summons to the party so refusing or neglect- ing calling on him or them to show cause before the Court of Petty Sessions in the police district in which such building tenement or place is situated or such user took place why he or they refuses or refuse to pay such sum or sums and thereupon the said Court shall proceed to the adjudication of the said comjilaint and enforcement of the said demand and costs charges and expenses incurred in the prose- cution thereof by distress and sale of the goods and chattels of the person or body so refusing or neglecting to pay. 6. The clerk engineer or other officer duly appointed for such pur- Right of officer pose by the promoters may at all reasonable times enter any building a^g™ ^'' P'^™' tenement or place lighted with gas supplied by the promoters in order to inspect the pipes burners lamps meters or other apparatus of or connected with the works of the promoters to regulate the supply of gas or to ascertain the quantity of gas consumed or supplied and if any person shall hinder any such officer as aforesaid from so entering or making such inspection as aforesaid at any reasonable time such per- son shall for every such offence forfeit and pay to the promoters a sum of money not exceeding iive pounds to be awarded and recovered by the promoters in like manner as the penalties aforesaid. 7. Any person may appeal from the judgment or conviction of any Appeal. Court of Petty Sessions under this Act in the form and manner set forth in the Act of Council fifth William the Fourth number twenty- two. 8. Nothing in this Act contained shall be construed to prevent General rights any person from indicting or otherwise proceeding either civilly or tf™ese?ved.°' criminally against the promoters for nuisance or otherwise in respect of the works or means used or employed by the promoters in exercising the privileges hereby on them conferred or to prevent the promoters or any person from recovering any sum of money or otherwise pro- ceeding in any Court of competent jurisdiction but the promoters or any person to whom any penalty or sum of money may by the pro- visions of this Act be awarded may elect either to proceed in manner in this Act provided or to proceed for and recover damages or other- wise in any Court of competent jurisdiction. 9. Provided always that if within two years after the passing of this Hworks notcon- Act the promoters shall not supply at a price agreed upon by the gu^pUed^thfn' promoters and the Borough Council of Wagga Wagga or if no such two years powers price shall be or have been agreed upon then at a reasonable price gas *° ''*^^^- of a good quality and in sufficient quantity to light the roads and streets in Wagga Wagga and all houses and buildings situate therein or if the said promoters shall after the said period of two years fail so to supply gas for any period exceeding twenty days then and in either of such cases all the powers hereby granted to or vested in the pro- moters shall thereupon cease and determine. 10. The following words and expressions in this Act shall have the interpretation meaning hereby assigned to them unless there be something either in clause. the subject or context repugnant to such construction The word 1180 WALaETT ENG-LISH CHIJECH AND PARSOJSTAaE. 44 Victoria, "promoters" stall mean the said "William "Wart and Jolin Anderson Wark tlieir representatives or assigns owners for the time being of the Wagga Wagga Gasworks The expression " "Wagga Wagg aG-as- works " shall mean the gasworks and the works connected therewith by this Act authorized to be constructed The word "street" shall include any square court or alley highway lane road thoroughfare or other passage or place within the limits of this Act The expression " Borough of Wagga "Wagga and Suburbs " shall comprise all that dis- trict which is included within a radius of five miles from the post-office in the said borough Provided that it shall be lawful for the G-overnor at any time by proclamation in the Gazette to order that this meaning of the expression last aforesaid may for the purposes of this Act be extended to include any such other place or places as in such procla- motion may be named and defined. Short title H. This Act may be cited as the "Wagga "Wagga G-as Act of 1881." WALGETT ENGLISH CHURCH AND PARSONAGE LAND SALE. 47 VicTOEiA. An Act to enable Thomas Clark Richard Kirby Thomp- son and Arthur Gray Trustees of certain land situate in the town of Walgett to sell the same and provide for the application of the proceeds thereof. [21 Eebruary, 1884.] Preamble. l iTHEEEAS by a deed of grant under the hand of Lord Augustus VV William Erederick Spencer Loftus dated the twenty-fourth day of April in the year of our Lord one thousand eight hundred and eighty-two the land described in the Eirst Schedule hereto was granted to Thomas Clark E/ichard Kirby Thompson and Arthur G-ray their heirs and assigns upon trust to appropriate the same as a site for the erection of a church in connection with the United Church of England and Ireland as by law established And whereas by a deed of grant under the hand of the said Lord Augustus William Erederick Spencer Loftus dated the twenty-fourth day of April in the year of our Lord one thousand eight hundred and eighty -two the land described in the Second Schedule hereto was granted to the said Thomas Clark Eichard Kirby Thompson and Arthur G-ray upon trust for the appropriation thereof as a site for a dwelling-house garden and other appurtenances for the clergyman duly appointed to officiate in the church erected at Walgett of the United Church of England and Ireland as by law established And whereas the said sites have been deemed unsuitable for the purposes for which they were respectively granted and it is expedient that the said lands described in the Eirst and Second Schedules hereto should be sold and that the proceeds which may arise from such sale should be applied in the manner hereinafter directed And whereas the said deeds of grant to the said Thomas Clark Eichard Kirby Thompson and Arthur G-ray contain no power of sale or exchange over the said lands thereby granted And whereas it is desirable that power should be given to the said Thomas Clark Eichard "WALGETT ENG-LISH CHFECH AJSTD PAESONAGE. 1181 Kirby Thompson and Arthur Gray to enable them to sell the said 47 Victokia. lands and to apply the proceeds thereof as hereinafter directed 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. It shall be lawful for the said Thomas Clark Eichard Kirby Power to seU. Thompson and Arthur Gray (hereinafter styled trustees) or other the trustees or trustee for the time being of the said lands their heirs or assigns to sell and dispose of the said lands described in the First and Second Schedules hereto either by public auction or private contract and either in one lot or in several lots and for such price or prices as can be obtained for the same and upon such terms and conditions of sale as the said trustees may deem expedient and to buy in the said lands or any part or parts thereof at any auction sale or to rescind or vary the terms of any contract for the sale of the said lands or any part or parts thereof and to convey transfer and assure the said lands or any part or parts thereof in fee-simple to the purchaser or purchasers thereof his her or their heirs or assigns freed and discharged from each and all the trusts affecting the same and the receipt in writing of the said trustees their heirs and assigns for any money arising from such sale or sales shall be an effectual and absolute discharge to the purchaser or purchasers thereof and shall free him her or them from seeing to the application of any proceeds of such sale or sales and from any liability in respect of the same. 2. The said trustees their heirs or assigns shall stand possessed of Application of all moneys arising from each and every such sale or sales as aforesaid p""''^''^^ money. and after the payment of the actual and reasonable expenses of such sale or sales and of this Act upon trust to apply the proceeds of such sale or sales in or towards the purchase of another piece or pieces of land in the town of Walgett as a site or sites for the erection thereon of a church and parsonage in connection with the TJnited Church of England and Ireland in 'New South "Wales and to apply the remainder of the said moneys (if any) which shall not be required for the purpose aforesaid in or towards the erection of a church and parsonage as aforesaid upon the land to be purchased as aforesaid and the receipts of any person or persons to whom any moneys shall be paid under the provisions of this Act shall be valid and complete discharges to the trustees their heirs and assigns for such moneys. 3. This Act may be cited as the " "Walgett English Church and short title. Parsonage Land Sale Act of 1884." EIEST SCHEDULE. All that piece or parcel of land in the Colony of New South Wales containing by admeasurement three roods thirty perches be the same more or less situated in the county of Baradine and parish of Walgett town of Walgett allotment eighteen of section eleven Commencing on the western side of Fox-street at its intersection with the northern side of Wee Waa street and bounded thence on the south by the latter street bearing west two chains on the west by the eastern boundary of allotment seventeen of one rood thirty-five perches appropriated for a Church of England parsonage bearing north four chains sixty -nine links to a lane on the north by that lane parallel with Wee Waa street bearing east two chains to Fox- street and on the east by that street bearing south four chains sixty -nine links to the point of commencement. 1182 WAEATAH COAL COMPANY. 47VICTOEIA. SECOND SCHEDULE. All that piece or parcel of land in the said Colony containing by admeasurement one rood thirty-five perches be the same more or less situated in the county of Baradine parish of Walgett town of Walgett allotment seventeen of section eleven Commencing on the northern side of Wee Waa street at the south-western corner of allotment eighteen of three roods thirty perches appropriated for a Church of England church and bounded thence on the south by that street bearing west one chain on the west by a line bearing north four chains sixty-nine links to a lane on the north by that lane parallel with Wee Waa street bearing east one chain and on the east by the western boundary of allotment eighteen aforesaid bearing south four chains sixty-nine links to the point of commencement. WAEATAH COAL COMPANY'S INCORPORA- TION. 27 VicTOKiA. An Act to establish and incorporate a Company to be called the Waratah Coal Company and to authorize the making of a railway for the purposes of the said Company. [8 October, 1863.] (a) Preamble. \\l HEEEAS the Several persons hereinafter mentioned being pos- W sessed of or entitled to certain large tracts of landsituated in the parish of Newcastle in the county of Northumberland in the Colony of New South Wales on which there are extensive fields ' of valuable coal have recently formed themselves into a Company for the purpose of working the same and have expended a large sum of money in making preparations for efficiently working the said coal-fields and for conveniently and advantageously disposing of the coals to be obtained therefrom And whereas the said several persons are desirous of extending their operations and have agreed to form a joint stock Company under the name of the "Waratah Coal Company having a capital of sixty thousand pounds in ten thousand shares of six pounds each for the purpose of working the said coal-fields and any other coal-mines that the Company may hereafter acquire and they are desirous that the said Company should be established and incorporated under the provisions herein contained And whereas it has been further agreed that the said lands shall be transferred to and become the property of the Company to be formed under this Act in considera- tion of the first five thousand shares of the capital of the said Company being allotted to and vested in the said several parties as paid-up shares in the proportion in which they are now respectively interested in the said lands And that the rolling stock machinery and all other property now belonging to the said several persons or which has been contracted for or ordered by them for the working of the said coal-fields shall be transferred to and taken by the said Company at or for the price or sums paid or contracted to be paid for the same respectively and that the amount thereof shall be paid out of the funds of the said Company to the said persons And whereas it is expedient that the said Company should be established and incorporated for the purpose afore- said and that such powers rights and privileges should be granted to them as are hereinafter mentioned Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent (a) Vide Waratah Coal Company (Railway Extension) Act of 1875—38 Vic. "WARATAH COAL COMPANY. 1183 of the Legislative Council and Legislative Assembly of ISTew South 27 Victoria. "Wales in Parliament assemhled and by the authority of the same as ■ follows : — 1. From and after the passing of this Act the following persons that Proprietors, is to say Thomas Sutcliffe Mort Thomas Ware Smart Charles Smith Benjamin Darley Thomas Grove Atkinson Alfred Patrick Tighe and "William Steele and all other persons who shall become holders of shares in the said Company and their several and respective successors executors administrators and assigns shall be and hereby are united into a Company for the purpose of working certain coal-mines situated at or near "Waratah in the parish of Newcastle in the county of North- umberland in the Colony of New South "Wales and any other mines of which the said Company may hereafter become possessed and for the disposal of the coal and any other minerals to be obtained therefrom and for the carrying on of such other business and doing such other matters and things in connection therewith as the said Company may deem expedient according to the rules orders and directions herein- after mentioned and for that purpose shall be one body corporate by the name and style of the Waratah Coal Company and by that name incorporated by shall have perpetual succession and a common seal and shall and may waratSTcoai ^ sue and be sued plead and be impleaded answer and be answered unto Company. defend and be defended in all Courts and places whatsoever and shall have power and authority from and after the passing of this Act and at Power to aue and all times thereafter to purchase alnd hold lands to them and their Howiands. successors and assigns for the use of the said undertaking and generally for the purpose of carrying the provisions of this Act into effect and also to sell and dispose of the said lands again without incurring any penalties or forfeitures. 2. The capital of the Company hereby established shall (until in- ^^t* thousand creased as hereinafter provided) be sixty thousand pounds sterling and pounds divided shall be divided into ten thousand shares of six pounds each and such ™*°i's™Jerof shares shall be numbered in regular or arithmetical progression begin- six pounds each, ning with number one and every such share shall be distinguished by its appropriate number And the said shares shall be and are hereby vested in the persons hereinbefore named and in such other persons as shall take shares in the said Company and their successors and their several and respective executors administrators and assigns. 3. The first five thousand shares in the said capital shaU be vested in The first Ave the several persons respectively abovenamed in the proportions mentioned to be^wstedln ^ in the Schedule A to this Act annexed and such shares shall be deemed ^^p^''?""^ and taken to have been fully paid up by the holders thereof as if the soSsduie a ag said persons respectively had subscribed for and paid six pounds for P^'n*'of '"'' ^^'^^^^ °°® hour from the time appointed for the meeting no election directors. of directors shall be made but such meeting shall stand adjourned to the following day at the same time and place and if at the meeting so Five directors. Retirement of directors. Existing WAEATAH COAL COMPANT. 1191 adjourned the prescribed quorum be not present within one hour from 27 Victokia. the time appointed for the meeting or if from any cause there shall not in fact be an election of a director in the place of the retiring director either at such meeting or such adjournment thereof the exist- ing directors shall continue to act and retain their powers until new directors be appointed at the first half-yearly meeting of the following year. 35. ISTo person shall be capable of being a director unless he be a Qualification of shareholder and possessed of one hundred shares and no person ^■''^'^'<"'=- holding an office or place of trust or profit under the Company or interested in any contract with the Company or who shall be a partner with any person being a director in any other Company carrying on a similar business shall be capable of being a director and no director shall be capable of accepting any other office or place of trust or profit under the Company or of being interested in any contract with the Company during the time he shall be a director Provided always that nothing in this Act contained shall prevent the directors from accepting from the Company such remuneration for their services as such direc- tors as shall be awarded at any general meeting. 36. If any of the directors at any time subsequently to his election Cases in which accept or continue to hold any other office or place of trust or profit aSbec^me*°'° under the Company or be either directly or indirectly concerned in vacant. any contract with the Company or participate in any manner in the profits of any work to be done for the Company or if such director at any time cease to be a holder of the prescribed number of shares in the Company then in any of the ca.ses aforesaid the office of such director shall become vacant and thenceforth he shall cease from voting or acting as a director. 37. Provided always that no person being a shareholder of any joint shareiioiders of stock Company shall be disqualified or prevented from acting as a ?oi^''?'^v"^"'*^ director by reason of any contract entered into between such joint Company not stock Company and the Company hereby incorporated but no such ^onot'^'* ^^ director being a shareholder of such joint stock Company shall vote contracts. on any question as to any contract therewith or in relation thereto. 38. In case the conduct or position of any director shall be such Power to re- that his continuance in office shall appear to the board of directors to "°™ directors, be prejudicial to the interests of the Company it shall be lawful for the board of directors at a special meeting called f«r that purpose by a resolution in which not less than three directors shall concur to suspend such director from his office until the next general meeting and the shareholders present at such meeting may if they think fit confirm such suspension and remove such director or may annul such suspension and reinstate such director in his office. 39. If any director die or resign or become disqualified or incom- supply of ocoa^ potent to act as a director or be removed or cease to be a director by ii™^ ™of°™^ any other cause than that of going out of office by rotation as afore- directors. said the remaining directors if they think proper so to do may elect in his place some other shareholder duly qualified to be a director and the shareholder so elected shall continue in office until the next half- yearly meeting when a director shall be elected by the shareholders present in person or by proxy in the place of the director so having died resigned or been removed or become disqualified or incompetent to be a director or having ceased to be a director. directors. 1192 WAEATAH COAL COMPAISTT. 27 Victoria, 40. The directors shall have the management and superintendence Powers of the of the afEairs of the Company and may appoint all oiEcers and servants g^g™J*°^^^ required for conducting the undertaking of the Company and may directora. purchase or rent lands houses or offices or mines or veins of coals or other minerals machinery boats and all other property that may he requisite for any of the purposes for which the Company is hereby incorporated and shall exercise all other the powers of the Company except as to such matters as are directed by tnis Act to be transacted by a general meeting of the shareholders but all the powers so to be exercised shall be exercised in accordance with and subject to the provisions of this Act and the exercise of all such powers shall be subject also to the control and regulation of any general meeting specially convened for the purpose but not so as to render invalid any act done by the directors prior to any resolution passed by such general Quorum of meeting and any three of such directors being present at a duly convened directors. board meeting shall form a quorum and shaU be competent to exercise the powers hereby given to the directors generally. Certain powers 41. Except as otherwise provided by this Act the following powers not to be exCT°' of the Company (that is to say) the choice and removal of the directors S^tti.^L*''^ the choice of auditors the determination as to the amount of remunera- tion to be paid to the directors the determination as to the amount of money to be borrowed on mortgage the determination as to the augmentation of capital and the declaration of dividends shall be exercised only at a general meeting of the shareholders. Meetings of 42. The directors shall hold their meetings in the city of Sydney directors. g^^ such times as they shall appoint for the purpose and they may meet and adjourn as they think proper from time to time and from place to place and at any time any two of the directors may require the secretary to call a meeting of the directors and all questions at any such meeting shall be determined by the majority of votes of the directors present and in case of an equal division of votes the chairman shall have a casting vote in addition to his vote as one of the directors. Appointment of 43. At the first meeting of directors held after the passing of this Company." -^ct and at the first or some other early meeting of the directors held after the half-yearly general meeting held in October of each year the directors present at such meeting shall choose one of the directors to be chairman of the Company and to act as chairman of the directors for the year following such choice and if the chairman die or resign or cease to be a director or otherwise become disqualified to act the direc- tors present at the meeting next after the occurrence of such vacancy or some other early meeting thereafter shall choose some other of the directors to fill such vacancy during the residue of the current year Chairmanship at and such chairman if present shall preside at all meetings of the directors. °' directors but if the chairman be absent the directors present shall choose some one of their number to be chairman of such meeting. Contracts by 44. The powcr of the directors to make contracts on behalf of the to'^be'entered Company may lawfully be exercised as follows (that is to say) — With respect to any contract which if made between private per- sons would be by law required to be in writing and under seal the directors may make such contract on behalf of the Com- pany in writing and under the common seal of the Company and in the same manner may vary or discharge the same. into. WAEATAH COAL COMPANY, 1193 WitL. respect to any contract wliich if made between private per- 27 Victoria, sons would be by law required to be in writing and signed by the parties to be charged therewith the directors may make such contract on behalf of the Company in writing signed by any two of the directors and ia the same manner may vary or discharge the same. "With respect to any contract which if made between private per- sons would by law be valid although made by parol only and not reduced into writing the directors may.make such contract on behalf of the Company by parol only without writing and in the same manner may vary or discharge the same. And all contracts made according to the provisions herein contauied shall be effectual in law and shall be binding upon the Company and their successors and all other parties thereto their heirs executors or administrators as the case may be and on any default in the execution of any such contract either by the Company or any other party thereto such action or suit may be brought either by or against the Company as might be brought had the same contracts been made between private parties only. 45. The directors shall cause notes minutes or copies as the case Proceedings to may require of all appointments made or contracts entered into by them booTand to'be and of the orders and proceedings of all meetings of the shareholders evidence. and of the directors and committees of directors to be duly entered in books to be from time to time provided for the purpose which shall be kept under the superintendence of the directors and every such entry shall be signed by the chairman of the meeting at which such appointments and contracts were made or entered into or authorized or at which such proceedings and orders were respectively had or made and such entry so signed shall be received as evidence in all Courts and before all Judges Justices and others without proof of such respective meetings having been duly convened or held or of the persons making or entering such orders or proceedings being shareholders or directors or of the signature of the chairman or of the fact of his having been chairman all of which last-mentioned matters shall be presumed until the contrary be proved. 46. All acts done by any meeting of the directors or by any person ^°'°™f'''''? '"} acting as a director shall notwithstanding it may be afterwards dis- directors not to covered that there was some defect in the appointment of any such j.^J-^g'f p™' directors or persons acting as aforesaid or that they are or any of them were or was disqualified be as valid as if every such person had been duly appointed and was qualified to be a director. 47. No director by being party to or executing in his capacity of a Directors not to director any contract or other instrument on behalf of the Company ^bll^^™^"^ or otherwise lawfully executing any of the powers given to the directors shall be subject to be sued or prosecuted indlvidually_ by any person whomsoever and the bodies or goods or lands of the directors shall not be liable to execution by any legal process by reason of any contract or other instrument so entered into signed or executed by them or by reason of any other lawful act done by them in the execu- tion of any of their powers as directors and the directors their heirs executors and administrators shall be indemnified out of the capital indemnity o£ of the Company for all payments made or liability incurred in respect ■^"^^"'"''s- of any act done by them and for all losses costs and damages which 1194 WAEATAH COAL COMPANY. 27 Victoria, they may incur in the execution of the powers granted to them and the directors for the time being of the Company may apply the exist- ing funds and capital of the Company for the purposes of such in- demnity and may if necessary for that purpose make calls of the capital remaining unpaid (if any). Election of 48. At the first general meeting of the Company to be held after the passing of this Act the shareholders then present either person- ally or by proxy shall elect two auditors and at the half-yearly meet- ing in October in each year thereafter the shareholders shall in like manner elect an auditor to supply the place of the auditor then retiring from office according to the provision hereinafter contained and every auditor elected as hereinbefore provided being neither removed nor disqualified nor having resigned shall continue to be an Quaiifloation of auditor until another be elected in his stead and every auditor shall auditors. bave at least ten shares in the Company and he shall not hold any other oifice in the Company nor be in any other manner interested in its concerns except as a shareholder. Rotation of 49. One of such auditors (to be determined in the first instance ^^ ' '^^ by lot between themselves unless they shall otherwise agree and after- wards by seniority) shall go out of office at the half-yearly meeting in October in each year but the auditor so going out shall be immediately re-eligible. Vacancies in the 50. If any vacancv take place among the auditors in the course of office of auditor. ,-, y ,1*',-'- i ,.,i ^ the current year then at any general meeting the vacancy may be supplied by election and the provision in this Act contained respecting FaUure to elect the failure of a half-yearly meeting at which directors ought to be chosen shall apply mutatis mutandis to any meeting at which an auditor ought to be appointed. Power ofauditors 51. The auditors shall have full authority at all reasonable times for examination . ■ j i j n pp • i* j i n i j ■ j of aflairs. to examine the accounts and aiiairs oi the Company and to inspect the books and to call for the production to them at the principal office of the Company of all books vouchers writings and documents concerning the same and to call in the aid of the officers clerks and servants of the Company or any other person competent to give informa- tion as to the Company's affairs. ba£™'^h' ^^' '^^® directors shall deliver to such auditors the half-yearly or &c. by directors other periodical accounts and balance-sheet fourteen days at the least to auditors. before the ensuing half-yearly meeting at which the same are required to be produced to the shareholders as hereinafter provided and such Duty of auditors auditors shall receive and examine the same and shall examine into the Powers of state of the Company's affairs and shall be at liberty to employ such auditore. accountants and other persons in such examinations as they may think proper at the expense of the Company and they shall make a just true and faithful report on the said accounts and affairs and such report shall be read together with the report of the directors at the half- yearly meeting. Further audit 53. If it shall appear to such half-yearly meeting desirable that the Cand^ecw Company's affairs should be more fully investigated or if at any other auditors may be general meeting it shall appear desirable to have a special examina- appointed. ^^^^ ^^^^^ ^-^^ state of the Company's affairs it shall be lawful for such meeting either to direct the said auditors to enquire into and report on the affairs of the Company generally or in their discretion to appoint any two or more shareholders as special auditors for that purpose. WAEATAH COAL COMPANY. 1195 54. Before any person entrusted witli the custody or control of 27 Victoria. moneys belonging to tlie Company wlietlier treasurer collector or Security to be other officer of the Company shall enter upon his office the directors offioTrleXusted shall take sufficient security from him for the faithful execution of his with money. office. 55. Every officer employed by the Company shall from time to time officers to when required by the directors make out and deliver to them or to^mand.°" any person appointed by them for that purpose a true and perfect account in writing under his hand of all moneys received by him on behalf of the Company and such account shall state how and to whom and for what purpose such moneys shall have been disposed of and together with such account such officer shall deliver the vouchers and receipts for such payments and every such officer shall pay to the directors or to any person appointed by them to receive the same all moneys which shaU appear to be owing from him on the balance of such accounts. 56. If any such officer fail- to render such account or to produce and Summary re- deliver up aU the vouchers and receipts relating to the same in his ^rttes faiUng to possession or power or to pay the balance thereof when thereunto account, required or if for three days after being thereunto required he fail to deliver up to the directors or to any person appointed by them to receive the same all papers and writings property effects matters and things in his possession or power relating to the execution of this Act or belonging to the Company then on complaint thereof being made to a Justice such Justice shall summon such officer to appear before two or more Justices at a time and place to be set forth in such summons to answer such charge and upon the appearance of such officer or in his absence upon proof that such summons was personally served upon him or left at his last known place of abode such Justices may hear and determine the matter in a summary way and may adjust and declare the balance owing by such officer and if it appear either upon the con- fession of such officer or upon evidence or upon inspection of the account that any moneys of the Company are in the hands of such officer or owing by him to the Company such Justices may order such officer to pay the same and if he fail to pay the amount it shall be lawful for such Justices to grant a warrant to levy the same by distress or in default thereof to commit the offender to gaol for a period not exceeding three months unless the said amount be sooner paid. 57. If any such officer refuse to make out such account in writing officers refusing or to produce and deliver to the Justices the several vouchers and documeny^c receipts relating thereto or to deliver up any books papers or writings to be imprisoned, property effects matters or things in his possession or power belonging to the Company such Justices may lawfully commit such offender to gaol there to remain until he shall have delivered up all the vouchers and receipts (if any) in his possession or power relating to such accounts and have delivered up all books papers writings property effects matters things (if any) in his possession or power belonging to the Company. 58. If any director or other person acting on behalf of the Company where officers shall make oath that he he has good reason to believe upon grounds a waitlnt mlT'* to be stated in his deposition and does believe that it is the intention ^^ is?u«i in the of any such officer as aforesaid to abscond or that he has absconded it shall be lawful for the Justice before whom the complaint is made if he shall think fit to issue a warrant in the first instance for the 1196 WAEATAH COAL COMPANY. 27 ViCTOEIA. Sureties not to be discharged. Accounts to be kept. Boolca to be balanced. Balance-sheet to be produced at the meeting. Previously to declaration of dividend a scheme to be prepared. Dividend not to be made so as to reduce capital. Power to directors to set apart a fund for contingencies. bringing sucli oiEcer before such, two Justices as aforesaid but no person executing sucli warrants shall keep such officer in custody longer than twenty-four hours or such longer period as may be rendered necessary by the distance of the place of apprehension from the residence of the nearest or most convenient magistrate without bring- ing him before some Justice and it shall be lawful for the Justice before whom such officer may be brought either to discharge such officer if he thinks there is no sufficient ground for his detention or to order such officer to be detained in custody so as to be brought before two Justices at a time and place to be named in such order unless such officer give bail to the satisfaction of such Justice for his appearance before such Justice to answer the complaint of the Company Pro- vided nevertheless that no such proceeding against or dealing with any such officer as aforesaid shall deprive the Company of any remedy which they might otherwise have against such officer or any surety of such officer. 59. The directors shall cause full and true accounts to be kept of all sums of money received or expended on account of the Company by them and all persons employed by or under them and of the matters and things for which such sums of money shall have been received or disbursed or paid. 60. The books of the Company shall be balanced fifteen days at least before each half-yearly general meeting of shareholders and forthwith on the books being so balanced an exact balance-sheet shall be made up which shall exhibit a true statement of the capital stock credits and property of every description belonging to the Company and the debts due by the Company at the date of making such balance- sheet and a distinct view of the profit or loss which shall have arisen on the transactions of the Company in the course of the preceding half-year and previously to each half-yearly meeting such balance-sheet shall be examined by the directors or any three of their number and shall be signed by the chairman of the directors. 61. The directors shall produce to the shareholders assembled at such half-yearly meeting the said balance-sheet applicable to the period immediately preceding such meeting together with the report of the auditors thereon as hereinbefore provided. 62. Previously to every half-yearly meeting at which a dividend is intended to be declared the directors shall cause a scheme to be pre- pared showing the profits (if any) of the Company for a period current since the preceding half-yearly meeting at which a dividend was declared and apportioning the same and any surplus remaining undivided from any former period or so much thereof as they may consider applicable to the purposes of dividend among the shareholders according to the shares held by them respectively the amount paid thereon and the periods during which the same may have been paid and shall exhibit such scheme at such half-yearly meeting and at such meeting a dividend may be declared according to such scheme or of any such less amount as the meeting shall think fit but the Company shall not make any dividend whereby their capital stock will be in any degree reduced Provided always that the word " dividend " shall not be construed to apply to a return of any portion of the capital stock. 63. Before apportioning the profits to be divided among the share- holders the directors may if they think fit set aside thereout such sum as they may think proper to meet contingencies or for enlarging repairing WAEATAH COAL COMPANY. 1197 or improving tte worts connected with the Company's undertakings or 27 Viotoria. any part thereof and may divide the balance only among the shareholders Provided always that if for any half-year the divisible profits of the Preference to Company after making such reserve as aforesaid shall not be sufficient numbered^om' to pay a dividend at the rate of five pounds per centum per annum 5,ooi to lo.ooo. upon the entire paid-up capital the holders of the shares numbered respectively from five thousand and one to ten thousand which shall have been subscribed for under the provisions of this Act shall be en- titled to receive out of the divisible profits of the Company for such half-year a dividend at the rate of five per centum per annum or at such less rate as the divisible profits after such reserve as aforesaid shall amount to on the capital paid up on their said shares respectively before any dividend shall be paid to the holders of the shares mentioned in the Schedule A to this Act annexed and the residue of such divisible profits (if any) after paying such dividend shall be paid to the holders of the last-mentioned shares according to the number of shares held by them respectively. 64. Any summons or notice or any writ or other proceeding at law Service of notice or in equity requiring to be served upon the Company may be served o° Company, by the same being left at or transmitted through the post directed to the principal officer of the Comj)any or being given personally to the secretary or in case there be no secretary then by being given to any one director of the Company. 65. Notices requiring to be served by the Company upon the share- Service by Com- holders may unless expressly required to be served personally be served goJIfera" ^^'^'^^' by the same being transmitted through the post directed according to the registered address or other known address of the shareholder within such period as to admit of its being delivered in the due course of delivery within the period (if any) prescribed for the giving of such notice and in proving such service it shall be sufficient to prove that such notice was properly directed and that it was so put into the post- office Provided that this enactment as to the time of transmission shall not apply to shareholders resident out of the Colony but in every such case such notice may be given to any person who may be the duly authorized agent of any such shareholder as last-mentioned and shall have been recognized as such by the directors or such notice may be given by fourteen days' notice by advertisement in one or more daily newspapers published in the city of Sydney. 66. All notices directed to^be given to the shareholders shall with Notice to joint respect to any share to which persons are jointly entitled be given to pK!'°"°' whichever of the said persons shall be named first in the register of shareholders and notice so given shall be sufficient notice to all the proprietors of such share. 67. Every summons notice or other such document requiring authen- Authentication ticati'on by the Company may be signed by two directors or by the°f"°"'=«- secretary of the Company and need not be under the common seal of the Company. 68. If any person against whom the Company shall have any claim Proof of debts in or demand become bankrupt or take the benefit of any Act for the bankruptcy, relief of insolvent debtors it shall be lawful _ for the secretary or treasurer of the Company in all proceedings against the estate of such bankrupt or insolvent or under any fiat sequestration or act of insol- vency against such bankrupt or insolvent to represent the Company and act in their behalf in all respects. 1198 WAEATAH COAL COMPANY. 27 ViCTOKiA. 69. For the purpose of regulating the conduct of the officers and Power to make Servants of the Company and for providing for the due management and alter by- of the affairs of the Company in all respects whatsoever it shall be lawful for the Company subject to the provisions herein mentioned from time to time to make such by-laws and regulations as they think fit Provided that such by-laws be not repugnant to the la,ws of the Colony or to the provisions of this Act or to any resolution of any general meeting of shareholders and such by-laws shall be reduced into writing and shall have affixed thereto the common seal of the Company and a copy of such by-laws shaL. be given to every officer and servant of the Company affected thereby. By-laws to be ao 70. It shall be lawful for the Company by such by-laws to impose pe™itie3may*be ^^^^ reasonable penalties upon all persons beiug officers and servants mitigated. of the Company offending against such by-laws as the Company think fit not exceeding five pounds for any one offence Provided that the same shall be so framed as to allow the Justice or Justices before whom any penalties imposed thereby may be sought to be recovered to order a part only of such penalty to be paid if such Justice think fit. Evidence of 71. The production of a printed or written copy of the by-laws of the by-laws. Company having the common seal of the Company affixed thereto shall be sufficient evidence of such by-laws in all proceedings under the same. Power to raise a 72. It shall be lawful for the Company by the order of any general amongst ™are- meeting to increase the capital of the said Company to any amount not holders or by exceeding altogether one hundred thousand pounds and the Company new^aubscriber". are hereby authorized and empowered to raise any such further sum or sums as may be required in addition to the present capital of sixty thousand pounds by creating and issuing new shares of six pounds each. New shares to 73. The Capital so to be raised by the creation of new shares shall be part oTthe'^ '^^ Considered as part of the general capital and shall be subject to the general capital, game provisions in all respects whether with reference to the payments of calls or the forfeiture of shares on the non-payment of calls or other- wise as if it had been part of the original capital except as to the times of making calls for such additional capital and the amount of such calls which respectively it shall be la-wdiul for the Company from time to time to fix as they shall think fit. Pre-emption to 74. Provided always that when the Company shall determine to original shares, issue new shares Under the provisions of this Act the directors shall by a circular letter to be sent by post or otherwise and addressed to each of the then proprietors signify the number of new shares to be issued and the price thereof and the said proprietors shall within a period to be stated in such circular letter but not less than thirty days from the sending thereof be entitled to the option of taking all or any of such new shares in preference to any other persons and such of the said proprietors who within such period may signify in writing to the directors their desire to partake in the distribution of such new shares shall as between themselves be entitled to have so many of such new shares as shall be in proportion to the number of their then present shares. After pre- 75. In case any person who shall agree to take any new shares shall oSliSarXrie not within the period to be fixed for such purpose by the directors tors new share (and which shall not be less than thirty days) pay the price or deposit ofb''ythT°^*'^ to be required on any new shares allotted to him then and without directors. prejudice to the remedies of the Company against him for enforcing such payment it shall be lawful for the directors to aUot any such WARATAH COAL COMPANY. 1199 shares to any other proprietor or person whomsoever at such price for 27 Victoeia. each share as they may think proper but not less than six pounds for the same respectively. 76. In case at any time it shall be thought expedient by the Com- Proprietors may pany to raise any sum or sums of money by way of loan it shall be tSu™ if' lavrful for the Company by any order oi any general meeting of the ^"^^'^^ ^^ Company to borrow and take up at interest any sum or sums not ex- ™° ^^°^' ceeding in the whole at any one time one-third of the amount of the capital of the Company then actually paid up and the Company after an order shall have been made for that purpose by any general meeting are hereby empowered to mortgage or assign the property of the Com- pany or any part thereof as a security for any such sum with interest to such person as shall advance the same aU which said mortgages or assignments shall be made under the common seal of the Company and shall operate to charge the then future as well as the then present property of the Company any rule of law to the contrary thereof not- withstanding and all persons to whom such mortgages or assignments shall be made shall be equally entitled one with the other to their pro- portions of the said premises according to the respective sums in such mortgages or assignments mentioned to be advanced without any pre- Rights of ference by reason of the priority of date of any such mortgage or ™°'''sa'S:ee. assignment or on any other account whatsoever. 77. No such mortgage although it should comprise future calls on Mortgages not to the shareholders shall unless expressly so provided preclude the Com- company'from pany from receiving and applying to the purposes of the Company any applying calls, calls to be made by the Company. 78. If any exepairon eifehcr. atlaw or in equity shall have been issued Execution against the property or efEects of the Company and if there cannot be hoideS.^''*'^^ found sufficient whereon to levy such execution then such execution may be issued against any of the shareholders to an amount equal to the amount c^their shares respectively in the capital of the Company in addition to tb» amount of the said shares Provided always that no such execution shrtH i^sue against any shareholder except upon an order of the Court in which tha auction suit or other proceeding shall have been brought or institut^i macuTu^ii ..motion in open Court after sufficient notice in writing tq the persons s J aght to be charged and upon such motion such CourtVmay 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 the register of shareholders required to be kept in the office of the Company as aforesaid without fee Provided sharehoidersnot further that nothing herein contained shall extend to charge or make the amount of liable any shareholder of the Company or his real or personal estate '{Jares and"n^'i with or for any debt or demand whatever due or to become due from amount equal to or by the Company or in anywise relating to the said undertaking for ™* ^''='™- any of the matters or things authorized by this Act to be made done or completed to a greater extent than the amount of their subscribed shares and a further amount equal to their said subscribed shares any law to the contrary thereof in anywise notwithstanding. 79. If by means of any such execution any shareholder shall have Shareholders to paid any sum of money beyond the amount then due from him in re- amou"t''pafd be- gpect of calls he shall forthwith be reimbursed such additional sum by yond calls due. bhe directors out of the funds of the Company. 1200 WAEATAH COAL COMPANY. 27 Victoria. 80. The directors shall have the custody of the common seal and the Custody and use form thereof and all other matters relating thereto shall from time to °* ™'^P°''*'® time be determined at meetings of directors and the directors present at any meeting shall have power to use the common seal for the affairs and concerns of the Company and under such seal to authorize and empower any person without such seal to execute any deed and do all or any other such matters and things as may be required to be' executed and done on behalf of the Company but it shall not be necessary to use the corporate seal in respect of any of the ordinary business of the Company or for the appointment of any attorney or solicitor for the prosecution of any action suit or other proceedings or of any of&cer or servant of the Company and such seal may be affixed to any deed or document by the hand of any person whom the directors shall appoint in that behalf and the affixing thereof shall be attested by one director and such person so appointed and in case any con- veyance or other instrument under seal shall be executed wherein it appears that such conveyance or other instrument is executed in con- sideration of a money payment therein stated to have been made to the Company such execution shall have no operation in law or shall operate only as an escrow (according as may be indicated in the attestation aforesaid) until the treasurer or other officer charged with the receipt of moneys on behalf of the Company shall have certified under his hand at the foot thereof that such consideration money has been duly paid. Power to Com- 81. It shall be lawful for the said Company to make construct and raUway. "^^^ * maintain a railway with all proper works and conveniences connected therewith upon across and over the lands and in the direction delineated and described in the Schedule E hereuuLo annexed commencing at a point on a parcel of three hundred and twenty acres or, land situated at or near Waratah in the parish of Newcastle in ^he county of Northumberland in the said Colony selected by Thom?,s Grove and continuing to and terminating at or upon the southern, boundary of a parcel of one hundred and eighty-four acres of , land selected by Thomas Sutcliffe Mort near to the waters of the iLunter Eiver and it shall be lawful for the said Company ■';o effect a junction between the said line of railway and th 'GfreatNortnern Eailway at or near the point where the said line crosses such Grreat Northern Eailway in accordance with section ninety-nine of the Government Eailway Act of one thousand eight hundred and fifty- eight and for the more con- veniently effecting such junction it shall be lawful for the said Com- pany with the consent of Eobert Archibald Alison Morehead and Matthew Toung to divert and alter the course of the railway now- being constructed by them so far only as may be necessary for the said Company to form a junction with the said Great Northern Eail- way by a curve of approach of twenty chains radius provided that in such alteration the curve of approach of the railway so diverted or altered shall be of no less radius and the altered line shall be vested in the said Eobert Archibald Alison Morehead and Matthew Toung and they shall have the same rights and powers in respect thereto as if the land had been taken and the railway made under the authority of the Act passed to enable them to make their said railway Provided also that such railway shall be constructed and brought into use within the term of five years from the passing of this Act and that the said. Company in constructing the same and in forming the junction with and crossing over the Great Northern Eailway as aforesaid shall do WAEATAH COAL COMPANY. 1201 so in a proper and workmanlike manner to the satisfaction of tlie 27 Victoria, Engineer in Chief for Eailways and shall repair all damages caused by BO doing. 82. All such lands as shall be taken under the provisions of this Act for ^°^^'' ^?'^'' the purposes of the said railway shall by virtue of this Act be vestedinthe lands said Company and it shall be lawful for the said Company their agents servants and workmen and all other persons by them authorized to enter into and upon the said land or any land adjoining or contiguous thereto and there to bore dig cut trench embank and sough remove or lay take carry away and use any earth soil or other material or thingwhich maybe dugraised or obtained therein or otherwise in making the said railway and other works and which may be proper or necessary for making main- taining altering repairing or using any such railway and other works by this Act authorized or which may hinder obstruct or prevent the making maintaining altering repairing or using the same respectively And also to make build erect or construct bank excavate cut and set up in across under or over any lands or any street hill valley road river canal brooks streams or other waters adjoining the same such tem- porary or permanent inclined planes tunnels embankments aqueducts bridges roads ways passages conduits drains piers arches cuttings and. fences as the Company shall think proper And also to alter the course^ of any rivers not navigable brooks streams or watercourses during such time as may be necessary for constructing tunnels bridges or passages, or other works over or under the same or for any other necessary pur- pose and to divert or alter as well temporarily as permanently the course of any such rivers or streams of water roads or ways or to raise' or sink the level of any such rivers or streams roads or ways in order the more conveniently to carry the same over or under or by the side of such railway as they may think proper And to make drains or conduits into through or under any lands adjoining such railway for the purpose of conveying water from or to the same And also in or upon such railway or any lands adjoining or near thereto to erect and make such houses oihces and other buildings yards stations wharfs, engines machinery and other works and conveniences connected with such railway as the said Company shall think expedient And also, from time to time to alter and repair and amend the before-mentioned! works or any of them and to substitute others in their stead And generally to do all other acts and things that may be necessary or con- venient for making maintaining altering or repairing and using such railway and other works by this Act authorized the said Company their agents servants and workmen doing as little damage as may be inthe execution of the several powers to them hereby granted and if required so to do making full satisfaction to the owners or proprietors of and to Company to all persons interested in the lands or hereditaments w_hiph shall have ^,^„^/i^J5 j™"^, been taken for the railway as aforesaid or used or injured for all damages, damages to be by them sustained in or by the execution of any of the powers hereby granted. 83 Nothing herein contained shall prevent the present owners of owners of land the said land required for the purpose of the said railway from carry- SW„^'J^°'^. ing on any mining operations beneath the said railway which shall tions. not interfere with the safety of the said railway and the traffic thereon and the said Company shall have no further right to the soil beneath the surface of such parts of the said lands as are vested in them only by virtue of this Act than shall be requisite for the formation and 4 & 1202 WAEATAH COAL COMPANY. Roads to be made before present roads interfered with. Penalty for not substituting a road. Company to separate lauds before using them. 27 Victoria, repair of the said railway by cutting embanking or otherwise as here- inbefore authorized If in the exercise of the powers hereby granted it be found necessary to cross cut through raise sink or use any part of any road whether carriage road or horse road so as to render it im- passable for or dangerous or inconvenient to the persons entitled to the use thereof the said Company shall before the commencement of any such operations cause a sufficient road to be made instead of any road interfered with and shall at their own expense maintain such substituted road in a state as convenient as the road interfered with or as nearly as may be. 84. If the said Company do not cause another sufficient road to be made before they interfere with any such existing road as aforesaid they shall forfeit five pounds for every day during which such substi- tuted road shall not be made after the existing road shall have been interrupted and such penalty shall be paid to the trustees com- missioners or other persons having the management of such road if a public road and shall be applied for the purposes thereof or in case of a private road the same shall be paid to the owner thereof and every such penalty shall be recoverable with costs by action in the Supreme Court or in the Metropolitan and Coast District Court holden in Sydney. 85. Before the said Company shall use the said lands for any of the purposes aforesaid they shall if required so to do separate the same by a sufficient fence from the land adjoining thereto with such gates as may be required for the convenient occupation of such land and shall also to all private roads used by them as aforesaid put up fences and gates in like manner in all cases where the same may be necessary to prevent the straying of cattle from or upon the lands traversed by such roads and in case of any difference between the owners or occupiers of such roads and lands and the said Company as to the necessity for such fences and gates such fences and gates shall be put up by the said Company as the Secretary for Public Works shall deem necessary for the pur- poses aforesaid on application being made to him. re°paSroad3UBed ^^' ^ ™ *^® course of making the railway the Company shall use .by them." ^™^ or interfere with any road they shall from time to time make good all damage by them to such road and if any question shaU arise as to the damage done to any such road by the said Company or as to the repair thereof by them such question shall be referred to the determination of two Justices and such Justices may direct such repairs to be made in the state of such road in respect of the damage done by the Company and within such period as they may think reasonable and may impose on the said Company for not carrying into effect such repairs any penalty not exceeding five pounds per day as to such Justices shall seem just and such penalty shall be paid to the surveyor or other person having the management of the road interfered with by the Company if a public road and be applied for the purposes of such road or if a private road the same shall be paid to the owner thereof. lTeIwhere?oads ^ ^^^ ^ *^® railway crosses any public highway on a level the said are crossed on a Company shall erect and at all times maintain good and sufficient gates level. across such road on each side of the railway where the same shall communicate therewith and shall employ proper persons to open and shut such gates and such gates shall be kept constantly closed across such roads on both sides of the railway except during the time when WAEATAH COAL COMPANY. 1203 torses cattle carts or carriages passing along the same shall hare to 27 Victoria. cross such railway and such gates shall be of such dimensions and so constructed as when closed to fence in the railway and prevent cattle or horses passing along the road from entering upon the railway and the person entrusted with the care of such gates shall cause the same to be closed as soon as such horses cattle carts or carriages shall have passed through the same under a penalty of forty shillings for every default therein Provided always that it shall be lawful for the Secretary for Public "Works in case he shall be satisfied that it will be more conducive to the public safety that the gates on any level crossing over such road should be kept closed across the railway to order that such gates shall be kept so closed instead of across the road and in such case such gates shall be kept constantly closed across the railway except when engines or carriages passing along the railway shall have occasion to cross such road in such manner and under the like penalty as above directed with respect to the gates being kept closed across the road. 88. In case of accidents or slips happening or being apprehended Power to enter to the cuttings embankments or other works of the said railway it ^nds t^re^Sf shall be lawful for the said Company and their workmen and ser- accidents, vants to enter upon the land adjoining thereto at any time whatsoever for the purpose of repairing or preventing such accidents and to do such works as may be necessary for the purpose Provided that such works shall be as little injurious to the said adjoining lands as the nature of the accident or apprehended accident will admit of and shall be executed with all possible despatch and full compensation shall be made to the owner and occupier of such lands for the loss or injury or inconvenience sustained by them respectively by reason of such works the amount of which compensation in case of any dispute about the same shall be settled by arbitrators in the manner herein- after mentioned And provided also that no land shall be taken per- manently for any such works otherwise than is herein provided with respect to the land originally taken for the purpose of making the said railway. 89. The said Company shall make and at all times thereafter Works for benefit maintain the following works for the accommodation of the owners ° o^"^'^- and occupiers of land adjoining the railway (that is to say) : — Such and so many convenient gates bridges arches culverts and Gates bridges &o passages over under or by the sides of or leading to or from the railway as shall be necessary for the purpose of making good any interruptions caused by the railway to the use of the lands through which the railway shall be made and such works shall be made forthwith after the part of the railway passing over such lands shall have been laid out or formed or during the formation thereof. All sufficient posts rails hedges ditches mounds or other fences for Fences, separating the land taken for the use of the railway from the adjoining lands not taken and protecting such lands from trespass or the cattle of the owners or occupiers thereof from straying thereon by reason of the railway together with all necessary gates made to open towards such adjoining lands and not towards the railway and all necessary stiles and such posts rails and other fences shall be made forthwith after the taking of any such lands if the owners thereof shall so require and the said other works as soon as conveniently may be. 1204 WAEATAH COAL COMPANY. 27 "Victoria. Also all necessary arches tunnels culverts drains or other passages Drains either over or under or by the sides of the railway of such, dimensions as will he sufficient at all times to convey the water as clearly from the lands lying near or affected by the railway as before the making of the railway or as nearly so as may be and such works shall be made from time to time as the railway works proceed. Watering-places. Also proper watering-places for cattle or compensation in lieu thereof where by reason of the railway the cattle of any per- son occupying any lands lying near thereto shall be deprived of access to their former watering places and such watering- places shall be so made as to be at all times sufficiently sup- plied with water as theretofore And as if the railway had not been made or as nearly so as may be And the said Com- pany shall make all necessary watercourses and drains for the purpose of conveying water to the said watering-places. Provided always that the said Company shall not be required to make such accommodation works in such a manner as would prevent or obstruct the working or using of the railway nor to make any accom- modation works with respect to which the owners and occupiers of the lands shall have agreed to receive and shall have been paid com- pensation instead of the making them. Penalty on per- 90. If any person omit to shut and fasten any gate set up at either fasten^ates!^ ° side of the railway for the accommodation of the owners or occupiers of the adjoining lands so soon as he and the carriage cattle or other animals under his care have passed through the same he shall forfeit for every such offence any sum not exceeding ten pounds. Minerals not to 01 . The gaid Company shall not be entitled to any mines coal iron stone slate or other minerals under any land whereof the surface is vested in them by virtue of this Act except only such parts thereof as shall be necessary to be dug or carried away in the construction of the works hereby authorized and such mines shall not be deemed to vest in the said Company. to;'™biic''™ *" ^^' '^^® railway hereby authorized to be made and the locomotives shall be open to public use upon payment of a toll to the Company of three-pence per ton per mile for such carriage the party seeking transit supplying and loading his own trucks or waggons and all trucks when emptied shall be conveyed on their return free of cost. Branch railways 93. And be it enacted that it shall be lawful for the owners or occupiers of the land traversed by the said railway to lay down upon their own lands any collateral branches of railway to communicate with the said railway for the purpose of bringing carriages to or from or upon the said railway and the Company shall if required at the expense of such owners or occupiers make openings in the rails and such additional lines of railway as may be necessary for effecting such communication in places where the communication can be made with safety to the public and without injury to the said railway and without inconvenience to the traffic thereupon and the promoters shall not take any rate or toll or other moneys for the passing of any passengers goods or other things along any branch so to be made by any such owner or occupier or other person but this enactment shall be subject to the following restrictions and conditions (that is to say) — WAEATAH COAL COMPANY. 1205 No such railway shall run parallel to the said railway the pro- 27 Victoria. moters shall not be bound to make any such openings in any place which they shall have set apart for any specific purpose with which such communication would interfere nor upon any inclined plane exceeding one in fifty or bridge nor in any tunnel The persons making or using such branch railways shall be subject to all by-laws and regulations of the pro- moters from time to time made with respect to passing upon or crossing the railway and otherwise and the persons making or using such branch railways shall be bound to construct and from time to time as need may require to renew the off- set plates and switches according to the most approved plan adopted by the Company under the direction of their engineer. 94. If within twenty-eight days after the passing of this Act the Compensation persons through whose lands the" railway shall pass or any of them and °'*™°- the said Company shall not agree as to the amount of compensation to be paid by them for the said lands belonging to the said parties or any of them or for any damage that may be sustained by them or him by reason- of the execution of the works or if any other question as to compensation shall arise under this Act the amount of such compen- sation shall be settled by arbitrators in manner hereinafter mentioned (that is to say) — Unless both parties shall concur in the appointment of a single Appointment of arbitrator _ each party on the request of the other party '"■rtitrators. shall nominate and appoint an arbitrator to whom such dis- pute or other matter shall be referred and every appointment of an arbitrator shall be under the hand of such party and such appointment shall be delivered to the arbitrator or arbitrators and shall be deemfed a submission to arbitration on the part of the party by whom the same shall be made and after any such appointment shall have been made neither party shall have power to revoke the same without the consent of the other nor shall the death of either party operate as a revocation and if for the space of fourteen days after any such dispute or other matter shall have arisen and after a request in writing shall have been served by the one party on the other party to appoint an arbitrator such last-mentioned party fail to appoint such arbitrator then upon such failure it shall be lawful for the Attorney- Q-eneral for the time being of the said Colony on the application of the party who has himself appointed an arbitrator to appoint such arbitrator to act on behaLE of both parties and such arbitrator may proceed to hear and determine the matters which shall be in dispute and in such case the award or determination of such single arbitrator shall be final and conclusive. 95. If before the matter so referred shall be determined any arbi- vacancy of arbi- trator appointed by either party shall die or become incapable or g^p^lJ" ^ refuse or for fourteen days neglect to act as arbitrator the party by whom such arbitrator was appointed may nominate and appoint in writing some other person to act in his place and if for the space of seven days after notice in writing from the other party for that purpose he fail to do so the remaining or other arbitrators may proceed alone 1206 WAEATAH COAL COMPAISTT. 27 VicTOEiA. and every arbitrator so to be substituted as aforesaid shall have the same powers and authorities as were vested in the former arbitrator at the time of such his death refusal neglect or disability as aforesaid. Appointment of 96. Where more than one arbitrator shall have been appointed such umpire. arbitrators shall before they enter upon the matters referred to them nominate and appoint by writing under their hands an umpire to decide any matters on which they shall differ or which shall be referred to them under the provisions of this Act And if such umpire shall die or refuse or for seven days neglect to act after being called upon to do so by the arbitrators they shall forthwith after such death refusal or neglect appoint another umpire in his place and the decision of every such umpire on the matters so referred to him shall be final. Attorney-Gene- 97. If in either of the cases aforesaid the arbitrator shall refuse or mmpire'Mi'"' for seven days after request of either party to such arbitration neglect neglect. to appoint an umpire it shall be lawful for the Attorney-G-eneral for the time being on the application of either party to such arbitration to appoint an umpire and the decision of such umpire on the matters on which the arbitrators shall differ or which shall be referred to him under this Act shall be final. In case of death 98. If when a single arbitrator shall have been appointed such arbi- torthe'matte?to trator shall die or become incapable or shall refuse or for fourteen days begin de novo, neglect to act before he shall have made his award the matters referred to him shall be determined by arbitration under the provisions of this Act in the same manner as if such arbitrator had not been appointed. K either arbitra- 99. If where more than one arbitrator shall have been appointed either theothe^r''to'^°' °f ^^^^ arbitrators shall refuse or for seven days neglect to act the other proceed