Burwood and Newcastle Tramroad Act 1850 14 Vic (NSW)

Burwoop

An Act to authorize the continuation of a Trams anne road from Burwood to the Wharf at New- """ castle. [1st October, 1850.]

\ MWEREAS James Mitchell of the city of Sydney Esquire being Preamble. the owner of lands commonly known by the name of Burwood situate near Neweastle 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 crected 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 whercas 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

Power to James Mitchell to continue Tramroad to wharf at Newcastle,

Site of Tramroad to be vested in James Mitchell without conveyance.

Compensation to be paid to Australian Agricultural Com- pany of £20 per acre.

14° VIC. 1850.

Burwood and Newcastle Tramroad.

the land to be occupied thereby Be it therefore enacted by His Exceilency the Governor 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 oceupy in any part thereof a greater width or breadth than thirty feet including the supports abutments and foun- dations 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 Tramway of the said Australian Agricul- tural 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 com- pany and shall be constructed in a secure and proper manner so as to ensure the safety of the traffic of the said company 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 Tramroad shall be con- structed and brought into use within the term of two years from the passing of this Act and provided further that in case the said Tram- road shall cease to be used as such by the said James Mitchell his heirs and assigns for the space of one year at any onc time the said ground and soil thereof shall revert to and become re-vested 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 surface than shall be requisite for the formation and repair of the said road by cutting embanking or otherwise.