PenritH NEPEAN Brice Company. Preamble. Proprictors incorpo- rated by the name of * The Penrith Nepcan Bridge Company." 15° VIC. 1851. Penrith Nepean Bridge Company. An Act to incorporate a Company to be called " The Penrith Nepean Bridge Company" and to enable the said Company to erect and maintain a Bridge over the River Nepean at Penrith in direct continuation of the present line of the Great Western Road and to take Toll thereat for a term of years and for other purposes therein mentioned. [15th December, 1851.] HEREAS the very considerable traffic between the western part of this Colony and its shipping port is greatly impeded and delayed at the passage of the River Nepean at Penrith the only mode of transit being by the Government punt or ferry known as Emu Ferry and the tolls payable thereat are onerous and disproportioned to the convenience afforded to the public by the same And whereas the building and maintaining a bridge over the said river uniting the Great Western Road in a direct line across it would prevent such impediments and delays and the loss and inconvenience to the public consequent thereon and be a great public good and it is deemed right to grant encouragement to enterprising persons who may be desirous and willing to make and maintain such bridge by granting to them an Act of Incorporation And whereas the eastern bank of the said river at the point where the main public road diverges to the punt is com- prised in a grant by the Crown to Daniel Woodriff and it is necessary in erecting the said bridge that a portion containing seventy-eight feet in length from east to west and eighty feet in breadth from north to south of the said castern bank should be occupied by the eastern abut- ments of the same And whereas the public will be greatly benefited by the facility afforded by a bridge at the said spot and it is thercfore expedient to authorize the erection of such part of the bridge as may be required to he on the said eastern bank upon payment of reasonable compensation to the present proprietor thercof for the land to be occupied thereby Be it therefore enacted by His Excellency the Governor of New South Wales with the advice and consent of the Legislative Council thereof That John Tindale James Ryan John Perry George Thomas Clarke John Mac Henry Alfred Cox Robert Fitzgerald Archibald Bell Cox Jeremiah Grant Edward Flood Edward King Cox John Lakeman Mortimer Andrew Kerr Henry Hall Henry Wilson Henry Whyte John Wallis Thomas Boulton Perry and all and every other person and corporation who shall hereafter hecome subscribers to the said undertaking and their several and respective successors executors administrators and assigns shall be and are united into a company for making building completing and maintaining a substantial bridge of a width not to be less than twenty-six feet at the spot on the river hank in the borough of Penrith where the road diverges at a right angle to descend to the present ferry to continue the line of the Great Western Road in the county of Cumberland on the east side of the River Nepean straight to the line of the Bathurst or Great Western Road on the opposite or west side of the same in the county of Cook and for that purpose shall he one hody corporate by the name and style of the Penrith Nepean Bridge Company and by that 1851. 15° VIC. 199 Penrith Nepean Bridge Company. that name shall have perpetual succession and a common. seal and by Seal. that name 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 whatsocver and the said company shall from time to timac FON 9 sue and be and at all times have full power and authority to constitute make by-laws. ordain and establish such by-laws regulations and ordinances as may be deemed necessary for the good rule and government of the said company Provided that such by-laws 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 capital stock of the company Capital divided into hereby established shall be six thousand pounds sterling and shall De shares of five pounds divided into twelve hundred shares of five pounds each and such shares shall be numbered beginning with number one and so on in regular arithmetical progression ascending whereof the common excess or difference shall always be one 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 in the said company and their successors and their several and respective executors administrators and assigns and upon taking any share every subscriber shall pay to the manager or other proper officer of the said company the sum of two shillings and sixpence sterling for ever share which shall be so taken and shall pay the remaining amount of every such share to such person or persons and in such parts or proportions as the directors of the said company shall deem necessary and. from 5, 35 tor calls and . . D . . mt time to time call for and require Provided always that no such call amount of payment. shall exceed the sum of ten shillings for or in respect of any onc share and that no call or calls be made but at the distance of two months at the least from another and that notice of every such call shall be given in the New South Wales Government Gazette and in one or more of the newspapers published in the city of Sydney thirty days at the least before the day appointed for the payment of the same and on the demand of the holder of any share the company shall cause a certificate under the seal of the said company of the proprietorship of such share to be delivered to such shareholder and the same shall be according to the form in Schedule A to this Act annexed or to the like effect and that the said shares shall be and be deemed personal estate and trans- Share to be porsonal ferable and transmissible accordingly and that every such share shall ~~" entitle the holder thereof to a proportionate part of the profit and dividends of the said Company. , 3. And be it enacted That the said company shall as soon as Register of share. the same can be done cause the names additions and addresses of the "°° "0° "P's several proprictors of shares in the 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 thercon to be 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 Sharcholders" to the end that each proprictor 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. 4. And be it enacted That it shall be lawful for the proprictor Shares may be sold, of any share in the said undertaking and his executors or adminis- trators 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 effect Form of conveyance. Evidence of property in shares. No share to be trans- ferred while in arrear, Company not bound to see to execution of trusts in respect of shares, 15° VIC. 1851. Penrith Nepean Bridge Company. effect varying the names and descriptions of the contracting partics as the case may require— «T of in consideration of * paid to me by of " do hereby bargain sell assign and transfer to the said " share (or shares as the case may be) " numbered of and in the Penrith Nepean " Bridge Company to hold unto the said " his executors administrators and assigns subject to the "same conditions as I held the same immediately hefore "the execution hereof And I the said "do hereby agree to accept and take the said share (or * shares) subject to the same rules orders restrictions and * conditions As witness our hands and seals the " day of in the year of our Lord one thousand " eight hundred and " 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 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 certificate being granted and such endorsement being signed by the secretary or other proper officer of the said company shall be considered in every respect the same asa 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 company 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 of such share. 5. And be it enacted That a certificate of the proprietorship of any share in the said company under the seal of the said company as aforesaid shall be admitted in all Courts as prima facie evidence of the title of any shareholder his executors administrators or assigns to the share therein specified. 6. And be it enacted That no shareholder shall sell or transfer any share which he shall possess in the said company after any call shall have been made by the said directors for any sum or sums of money in respect of such share unless he at the time of such transfer shall have paid or discharged to the manager 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. 7. And be it enacted That the said company shall not be bound to see to the execution of any trust 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 said company or if it shall stand in the name 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 said company for any dividend or other sum of money payable on account of any such share notwithstanding any such trusts to which such share may then be subject unless the said company shall have notice of such trusts and the said company shall not be bound to see to the application of the money paid upon such receipt. 1851. 15° VIC. 201 Penrith Nepean Bridge Company. 8. And be it enacted That the several persons who have sub- subscribers to the seribed or who shall hereafter subseribe any money towards the said soe tiroa te pao undertaking or their legal representatives respectively shall pay tlic appointed by the sums respectively so subscribed or such portions thercof as shall from Airectors. time to time be called for by the directors of the said company at such times and places as shall be appointed by the said directors and with respect to the provisions in this Act contained for enforcing the payment of calls the word "shareholder" shall extend to and include Term * shareholder" the personal representatives of such sharcholder. includes represen ta- 9. And be it enacted That it shall be lawful for the dirctors Power to make of the said company from time to time to make such calls of moncy {eters and oblige. upon the several sharcholders in respect of the amount of capital tion to pay. subscribed or owing by them respectively as they shall deem neces- sary provided that thirty days notice at the least be given of cach and every such call and that successive calls be not made at less than the prescribed interval of two months as aforesaid and that no call exceed the prescribed amount aforesaid and that 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 company or the directors thereof. 10. And be it enacted That if before or on the day appointed Interest to be pait for such payment any shareholder shall not pay the amount of any wre cals. call to which he is liable every such sharcholder shall be liable to pay interest for the same at the rate of seven pounds per centum per annum from the day appointed for the payment thereof to the time of the actual payment. : 11. And be it enacted That it shall be lawful for the said com- Power to receive pany if they think fit to receive from any of the shareholders who shall {yea to" be willing to advance the same all or any part of the moncys duc upon their respective shares beyond the sums actually called for. 12. And be it enacted That if at any time appointed by the Power to sue defeuts- said company or the directors thereof for the payment of any call any "6 °™"""°""™ shareholder shall fail to pay the amount of such eall to which he shall be lable it shall be lawful for the said company to sue such share- holder for the amount thereof in any Court of law or equity having competent jurisdiction and to recover the same with interest as afore- said from the day on which such call was payable. 13. And be it enacted That the production of the register of Register of the sharcholders required to be kept in the office of the said company shal aera aa evidence. be prima facie evidence of such defendant's being a sharcholder and of the number and amount of his shares. 14, And be it enacted That if any shareholder shall fail to pay Shares in arrear may any call payable by him together with interest if any shall have accrued °° *!ret Peet duc thercon the directors of the said company at any time after the expiration of two months from the day appointed for payment of such eall may if they shall think fit declare the share in respect of which such default shall have been made forfcited and that whether the said company shall have sued for the amount of such call or not. 15. And be it enacted That before declaring any share forfeited Twenty-one days the directors of the said company shall cause notice of their intention Bt? '¢ be given to declare such share to be forfeited to be left at or transmitted by declare ehare post to the usual or last known place of abode of the person appearing forieted. by the register of sharcholders required to be kept in the office of the said company to be the proprictor 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 said dircetors or if the interest in any share shall be known to the said directors to have become transmitted otherwise than by transfer and so the address 2c . of Forfeited shares may be sold. Evidence of propric- torship in purchaser of forfeited shares. No more shares to be sold than are sufficient to pay off arrears and expenses. On payment of arrears before sale shares to revert to the party. On payment of £3,000 company authorized to com- mence work. Power to company to construct a bridge on land described in 15° VIC. 1851. Penrith Nepean Bridge Company. . of the party to whom the said share may for the time being belong shall not be known to the said directors the said directors shall give public notice of such intention in the New South Wales Government Gazette and also in one or more of the newspapers published in the city of Sydney and the several notices aforesaid shall be given twenty- one days at least before the said directors shall make such declaration of forfeiture. 16. And be it enacted That after such forfeiture as aforesaid it shall be lawful for the said directors to sell the forfeited share or shares 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 and any shareholder may purchase any forfeited share so sold as aforesaid and the receipt of the officer of the said com- pany 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 purchaser and thereupon he shall be deemed the holder of such share discharged from all calls made 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 an irregularity in the proceedings in reference to such sale. 17. And be it enacted That the said company shall not scll or transfer more of the shares of any such defaulter than shall be suffi- cient as nearly as can be ascertained at the time of such sale to pay the arrears then due from such defaulter on account of any calls together with the interest payable in respect thereof and the expense attending such sale and declaration of forfeiture and if the money pro- duced by the sale of any such forfeited share be more than sufficient 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 with the proof thereof and the certificate of proprietorship to the purchaser the surplus shall on demand be paid to the defaulter. 18. And be it enacted That if payment of such arrears of call and interest and expenses be made before any shares so forfeited and vested in the said company shall have been sold as aforesaid such share shall revert to the party to whom the same belonged before such forfeiture in such manner as if such call had been duly paid. 19. And be it enacted That so soon as the capital stock of the said company shall have been actually subscribed for and the sum of three thousand pounds paid up and not before it shall be lawful for the said company and they are hereby authorized and empowered by themselves their agents deputies officers and workmen to construct and build or cause to be constructed built and completed a good substantial bridge not less than twenty-six feet wide over the River Nepean from the spot where the road diverges at a right angle to descend to the present ferry on the eastern bank of the said river in a direct line across to the western bank continuing thereby the Great Western Road in a straight line to Emu Plains in the county of Cook and to dig and make proper foundations in the said river or on the banks thereof and to cut remove and carry away all roots of trees beds of gravel sand mud or other impediment whatsoever which may in any way interrupt or hinder the erecting or completing the said bridge and generally to do and execute all and every other act matter and thing required and necessary convenient.or useful for erecting building preserving protecting and repairing the said bridge and the course or channel of the said river and making such proper embankments ways and approaches thereto as may be required according to the true intent and meaning of this Act. 20. And be it enacted That it shall be lawful for the said com- pany their agents deputies officers and workmen to make construct and 1851. 15° VIC. 203 Penrith Nepean Bridge Company. and build whatever portion of the said bridge or the road to or over Schedule B the the same shall require to be on the land and within the lines described Property of Daniel in the Schedule hereto annexed marked B the property of one Danicl James Woodriff but so that the said road and part of the bridge shall not occupy in «ny part thereof a greater space in breadth than eighty feet including the abutments supports and foundations thereof Pro- vided always that the said bridge shall be constructed and brought into use within the term of three years from the passing of this Act. 21. And be it enacted That the ground and soil of the said Site of such portion portion of land so required for the purposes of the said bridge and of Set he osted contained within the lines so set out in the Schedule aforesaid tegether without conveyance. with such right of ingress upon the adjacent land as shall be necessary for the erecting constr ucting and building the said bridge and for the 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 company for the purpose of the said bridge and roadway for their usc and the use of their servants agents deputics and workmen subject to the provisoes hereinbefore contained. 22. Provided nevertheless and be it enacted That the said com- Compensation to be pany shall pay to the said Daniel James Woodriff at the rate of twenty (itp eanenyuees pounds per acre for such land of the said Daniel James Woodrilf as acre. the said bridge and roadway including the supports embankments abutments and foundations thereof shall occupy but in ease the said Danicl James Woodriff shall deem the said price or compensation insufficient it shall be lawful for him within the space of twenty-four calendar months from the passing of this Act to apply to His Ex- celleney the Governor to appoint and he shall thereupon appoint accordingly Commissioncrs 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 Government under and by virtue of an Act of the Governor and Legislative Council passed in the fourth year of the reign of His late Majesty King William the Fourth intituled "An <Act for making altering and improving the Loads 4 wm. Iv. No. u. " throughout the Colony of New South Wales and for opening and * improving the Streets in the Towns thereof" and for the purpose 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 shal attach and apply to the parties jurors witnesses and others oceupicc 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 company accordingly together with the 'costs of the i inquiry 'but if the price awarded upon 'the said i inguiry 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 said Commissioners and may be recovered by action of debt if not paid on demand pursuant to such order. 23. Provided also and be it enacted That the said company Fence to be made shall make and complete and from time to time keep in repair a good ant kept in repair by and substantial two-railed fence at a distance of one rod upon cach side of bridge. side of so much of the said bridge or roadway as shall pass on the land of the said Daniel James Woodriff dividing the same from the land adjacent and if any damage shall be committed to or upon such adjacent land in the building erecting constructing or repairing the said bridge by the said company they shall forthw ith make good the same and if the said company shall make default in erecting or keeping repaired the said fence the said Daniel James W oodriff his heirs 204 15° VIC. 1851. Penrith Nepean Bridge Company. heirs or assigns shall be at liberty to crect or repair the same as the case may be and recover the expense necessarily incurred therein by action of debt. penne says to 24. And be it enacted That the immediate government and hoard of directors. management of the affairs of the said company shall be vested in seven directors who shall be proprictors of at least thirty shares each and who shall be chosen by the shareholders of the said company in the manner hereinafter provided but not less than three directors shall Quorum for business. constitute a hoard for the transaction of business of which the chairman shall always be one except in case of sickness or necessary absence in which case the directors present may choose one of their number as chairman in his stead that the chairman shall vote at the board as a director and in case of there being an cqual number of votes for and against any question before them the chairman shall have the casting vote. No vote under four 25. And be it enacted That no shareholder shall he entitled to Fares one vote for vote in the deliberations of the said company who shall not be pos- s! four shares and a . . . vote for every addi- Sessed of four shares at the least in the capital stock of the said company tonal eight, and that every shareholder who shall be possessed of four or more shares in the said company shall for the first four shares be entitled to one vote and for every additional number of eight shares to one additional vote Provided that no shareholder shall be cntitled to more than ten votes in the said deliberations and all sharcholders may Vote by proxy, vote by proxy if they shall see fit provided such proxy be a sharcholder and do produce from the shareholder whom he shall represent or for whom he shall vote an appointment to the following effect and in this form— Form of proxy— " T (or we) of do hereby nominate limited to cach "" int f y BT . " particular meeting. and appoint one of the proprietors of the " Penrith Nepean Bridge 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 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 shall think fit for the benefit of the said * company In witness whereof I have hereunto set my " hand this day of 18 2 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 the votes and proxics then and there present Provided always that the same person shall not: vote as proxy for any number of persons who shall be together pro- prietors of more than three hundred shares. Votes of lunatics and 26. And be it enacted That if any shareholder be a lunatic or minors, idiot such lunatic or idiot may vote by his committee and if any share- holder be a minor he or she may vote by his or her guardian and every such vote may he given cither in person or by proxy. First gencral mect- 927. And be it enacted That whenever six hundred shares of the hulitre tooreenize Said capital stock shall have been subscribed and the deposits paid as the company. aforesaid the first general meeting of the shareholders for putting this Act in execution shall be held at some convenient place within the borough of Penrith between the hours of ten in the forenoon and four in Fifteen days notice the afternoon of which meeting not less than fifteen days notice shall be to be given, given by advertisement in the New South Wales Government Gazetteand in one or more of the newspapers published in the city of Sydney which notice 1851. 15° VIC. Penrith Nepean Bridge Company. notice three or more of the said shareholders 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 Wednesday in the months of January and July in each year at the hour of cleven in the forenoon in the said borough or at such other hour or place as the said company at the preceding general meeting shall fro time to time direct and appoint of which future general meeting not less than fifteen days notice shall be given by such public advertisements as hereinbefore mentioned or in such other manner as the said company at their respective general meeting shall direct and t such first gencral mecting the shareholders then present shall by 1emselves or their proxies proceed to elect by the majority of votes f sharcholders at the tine possessed of not less than four shares each even persons out of such sharcholders as at the time of such election hall respectively bo possessed in their own right of not less than hirty shares cach in the said company to be directors to manage and onduct the aifairs of the said company and the directors so chosen 1all choose out of their number one who shall be the chairman of ie said company Provided always that the omission to mect as here- inhefore required shall work no forfeiture but the sharcholders may be afterwards called together by the directors of the said company for the time being. 28. And be it enacted That at cach general meeting which shall be held in the month of July in each year two directors shall yetire from office such retirement to be decided by lot until all the first sct of directors in oflice at the first general mecting shall have so retired and then in cach suececeding year the directors who shall have been longest in office shall retire and so on from time to time during the continuance of the said company and at every such genera meeting in the month of July in each and every year the shareholders then present by themselves or their proxies shall clect two new directors in the place of the directors who shall have so retired in the manner hereinbefore provided for the election of the first set of directors Provided always that every director who shall by rotation or otherwise go out of office on any general day of election shall be cligihle to be immediately re-elected a director of the said company and any director who shall at any time be re-clected shall be deemed to have been in office only from the time of such re-election and tha all the first set of directors shall have so retired before any new or re-elected director shall retire. 29. And be it enacted That in case any general mecting of the company at which a new director ought to have been chosen shall have been adjourned from any cause whatever and a new director shall not have been chosen at such meeting then and in every such case the directors in office for the time being shall continue and have full power to act until a new director shall be duly chosen. 30. And be it enacted That every vacancy in the office of director occasioned by death resignation disqualification or removal or by any other means than by going out of office by rotation as afore- said shall be filled up by the election of a new director at a special general meeting of the sharcholders to he convened by the board of directors tor that purpdse within two calendar months next after such vacaney shall occur and every sharcholder who shall be elected to supply any vaeaney in the office of director occasioned hy the death resignation disqualification or removal of any director as aforesaid 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 removal had not happened. Rome Qtkn +n 3l. Omission to mect not to work a for- fuiture. Retirement of directors, Directors retiring may be immediately re-clected. Direetor to continue till new one elected. Vacancy in office of director to be filled up within two months. No person concerned in contracts under company shall be capable of being a director. Directors to appoint officers. Call of extraordinary meeting of the com- pany. Fifteen days notice of all meetings of company. Tolls granted to the company. 15° VIC. 1851. Penrith Nepean Bridge Company. 31. Provided always and be it enacted That no person being concerned or interested in any contract under the said company shall be capable of being 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. 32. And be it enacted That the said directors shall have the power of nominating appointing and discharging all and every the officers and persons conuected with the said company at such salaries or rates of remuneration as to the said directors shall seem proper and shall have the management and superintendence of the affairs of the said company and they may lawfully exercise all the powers of the said company except as to such matters as are directed by this Act to be transacted by a general meeting of the company but the exercise of all such powers shall be subject to the by-laws rules and regulations of the said company and the shareholders shall have power from time to time to alter and amend or to make such rules by-laws and regula- tions for the good government of the said company and of such bridge works and property hereinbefore mentioned and for the duc collection of the tolls to be hereinafter reserved and for the well governing the workmen and other persons employed by the said company and for regulating the securities to be required from the officers and persons who shall be entrusted with the moneys of the said company as to the major part of the shareholders shall seem meet which said rules by-laws and regulations being put into writing under the common seal of the said company shall be published in the New South Wales Government Gazette and also in one or more of the newspapers pub- lished in the city of Sydney and shall be binding upon and observed by all parties and shall be sufficient in any Court of law to justify all persons who shall act under the same. 33. And be it enacted That it shall be lawful for not less than five shareholders holding in the aggregate two hundred shares by writing under their hands at any time to require the said directors to call an 1 extraordinary meeting of the said company and such requi- sition shall fully express the object of the mecting required to be called and shall be left at the office of the said company and forthwith upon the receipt of such requisition the directors shall convene a meeting of the shareholders and if: after fifteen days after such notice the directors shall fail to call such meeting the shareholders aforesaid qualified as aforesaid may call such meeting by giving thirty days public notice thereof in the New South Wales' Government Gazette and in one of the newspapers published in the city of Sydney. 34. And be it enacted That fifteen days notice at the least of all meetings whether general or extraordinary shall be given by advertisement in one of the newspapers published in the city of Sydney which notice shall specify the place day and hour of greeting and every notice of an extraordinary meeting shall specify the pur- pose for which such meeting is called. 35. And in consideration of the great charges and expenses which the said company must necessarily incur in erecting building completing and sustaining in good repair the said bridge and the road over the same Be it enacted 'That upon the proper completion thereof within three years from the passing of this Act and provided the same be kept in proper repair by the said company it shall be lawful for the said company their servants agents or tenants during the residue of the term of thirty-three years "hereinafter specified for the continuance of this Act to ask demand recover and receive at a toll- bar or gate to be erected on or at the said bridge the tolls to be here- after determined by the directors of the said company provided such tolls shall in no case exceed the tolls specified in the third Schedule marked 1851. 15° VIC. 207 Penrith Nepean Bridge Company. marked C annexed to this Act and no higher tolls shall be charged demanded or received than such as are specified in the said Schedule for each and every person animal cart carriage dray wagon and. other vehicle which shall pass over such bridge. 86. And be it enacted That it shall be lawful for the said com- Liberty to erect toll- pany to creet or cause to be erected a toll-bar or gate at wpon or near bat and appoint to such part of the said bridge as to the said company shall seem expedient and to collect and receive the aforesaid tolls thereat or to nominate and appoint some fit and proper person to attend the said toll-bar or gate to collect and receive the tolls thereat Provided that at the expiration of this Act the said bridge toll-house land premises and appurtenances shall be and from thenceforth be deemed to be public property and vested in the Crown accordingly. 37. And be it enacted That toll shall not be demandable or Exemption 1 Go- taken by virtue of this Act for any horses or carriages of or belonging wee ae to the Governor of the said Colony for the time being or to any person military police and . . . i? . persons employed on in actual attendance upon him or for or in respect of any horse beast the roads from pay- carriage or other vehicle conveying any clergyman in the discharge of ment of tolls. his duty or any other person or persons going to or returning from the proper church chapel or other place of worship of the person or persons riding or driving the same nor for any clergyman or minister or other person or persons going to or returning from his her or their proper place of worship on 'Sunday Christmas Day or Good Friday nor for or in respect of any horse beast carriage or other vehicle carrying the Post Office mails nor from any of 'Her J Majesty's officers "and soldiers being in proper staff regimental or military uniform dress or undress nor from any policeman or constable carrying his staff of office or in his proper dress in respect of themselves or their horses nor for any carriages or horses belonging to Her Majesty or employed in her service when conveying persons baggage arms or ammunition or returning therefrom nor for any person or persons horse beast carriage or other vehicle employ ed in the repairs of the public roads or bridges whilst engaged in carrying on such repairs or drawing materials for the same. 38. And be it enacted That it shall and may be lawful for the Tolls may be let. said company to demise and to farm let the tolls demandable under and by virtue of this Act at or upon the said bridge and the lessee or lessees shall have the same powers of demanding collecting and taking the said tolls as are hereby given to the said company. 39. And be it enacted That the said lessee or essees during Lessee may appoint such time as the said tolls shall be so leased to them as aforesaid shall "°°" and may nominate and appoint such other person or persons as he she or they may think necessary to collect demand and take the tolls so demised leased and farmed and such person or persons so appointed as aforesaid shall and may usc all means and methods for the recovery thereof in case of non-payment or evasion as the said company and such lessee or lessees might or could do under and by virtue of this Act. 40, And be it enacted That in case the tolls demandable at. or In case of non- upon the said bridge shall be demised by the said company to any Payment of rent or person or persons ¢ and the lessce or lessees' shall neglect. or refuse to and occupiers re- perform the conditions on which the same shall he so let or in case movable by order of the rent or rents agreed to be paid by such lessee or lessees or any Peace. part thereof shall be in arrear for the space of ten days next after the day on which the same ought to be paid or the term for which such lessee or lessees held the same shall in any manner become void or have expired and the lessee or lessees neglect or refuse to deliver up possession to the said company it shall 'and may be lawful for any Justice of the Peace upon complaint made upon oath by or on behalf of the directors of the said company by warrant under his hand and seal 208 15° VIC. 1851. Penrith Nepean Bridge Company. seal to order a constable or other peace officer with such assistance as may be necessary to enter upon and take possession of the said bridge and the toll-house at or thereon and all appurtenances thereto belonging and to remove and put out such lessee or lessees and the collectors keepers servants or other person or persons who shall be found therein together with his her or their goods from the possession thercof and from the collection of the tolls thercof and the lease contract or agree- ment for the same shall thenceforth cease and be utterly void to all intents and purposes except as to the conditions or agreements con- tained therein on the lessee's part and behalf and which shall or may have been broken and the same tolls and toll-house may be given let or demised to any other person or persons and may in the meantime be collected by the said company their servants or agents in that behalf. Table of tolls to be 41, And be it enacted That the said company are hereby sence to folk house required and the lessee or lessees of the said tolls shall and are hereby of edilector. required during the whole time that he or they shall take or continue to be the lessee or lessces of the said tolls to put up or cause to be put up and continued in some conspicuous place at or near the toll- gate or at or upon the toll-house at or on the said bridge a table in distinct legible black letters on a board with a white ground containing at the top thereof the name of the bridge and also a list of the tolls pay- able at the said bridge distinguishing severally the amount of tolls and the different sorts of cattle beasts carriages or other vehicles for which they are severally to be paid where there shall be any variation therein and that the said company and the said lessce or lessees during the whole time that he or they shall continuc to take or be the lessee or lessees of the said tolls shall place on some conspicuous place near to such board the christian and surname of the collector or keeper of the said tolls who shall be on duty for the time being and shall continue the same during the whole time such collector or keeper of the said tolls shall be on duty and shall change the same on every change that may take place in such collector or keeper on duty to the names of the collector or keeper that may succeed as often as any such change may take place And if the said company while they shall take the said tolls or their lessce or lessees shall neglect or refuse to put up such table of tolls as aforesaid or to cause the name or names of the said collector or keeper of such tolls for the time being to be put up as aforesaid or if the collector or keeper of such tolls be not in attendance at all times by day and by night at the place at which he is stationed or ought to be or shall demand or take a greater toll from any person than he is hereby authorized to do or shall refuse to permit and suffer any person or persons to read or shall in any manner hinder or prevent any person or persons from reading the inscription on the said boards or the name or names so fixed up as aforesaid or shall refuse to tell his christian and surnames to any person or persons who on paying the said toll shall demand to know the same or any of them or upon the legal toll being tendered or paid shall unnecessarily detain or wilfully obstruct hinder or delay any passenger or passengers from going through the toll-gate at or upon the said bridge then and in each and every such case the said collector or collectors of the said tolls shall forfeit and pay for every such offence any sum not exceeding forty shillings to be recovered and applied as hercinafter mentioned. _ Persons refusing to 42. And be it enacted That if any person liable to the payment Yented passing. of any of the said tolls under this Act shall after demand neglect or refuse to pay the same or any part thereof it shall be lawful for the person having right or authority at the time to collect the same to prevent such person or persons from passing through the said toll- gate and to shut close and fasten the same and to keep and continue the same closed and fastened until the said toll be paid. 43, 1851. 15° VIC. 209 Penrith Nepean Bridg ye Company. 43. And be it enacted That all cattle horses sheep and other Cattle horses or beasts for which toll is demandable and payable under this Act shall sheep to be counted be counted by the lessee or collector of tolls or keeper of the said gate betore passing. under this Act before such cattle horses sheep or other beasts shall pass over the said bridge. 44. And be it. enacted That if any person or persons shall resist Penalty on passing or make forcible opposition against or shall assault any person or ioe aaa persons having right or authority to collect the said toll in the execu- tion of their duty or shall pass through the toll-gate at or upon the said bridge or shall drive or cause to be driven any cattle horse sheep or other beast for which toll shall be payable through the said toll-gate without paying the legal toll to which he or they is or are liable every such person shall for every such offence forfeit and pay a sum not exceeding five pounds to he recovered and applied as hereinafter mentioned. 45, And be it enacted That if any lessee or collector of tolls If lessee or collector under this Act or any keeper of a gate on the said bridge shall upon ese the legal toll being tendered or paid winecessarily or for any unreason- insolent to be fined. able time detain or wilfully obstruct hinder or delay any passenger or passengers or his or their horses beasts carriages carts and other vehicles from passing over the said bridge or if any such lessee or collector of tolls or keeper of any gate on the said bridge shall make use of any uncivil scurrilous threatening or abusive language or behaviour to any traveller or passenger travellers or passengers over the said bridge then and in each and every such case the said lessee or collector of tolls or keeper of a gate on the said bridge shall forfeit and pay for every such offence any sum not exe ceeding five pounds to he recovered and applied as hereinafter directed. 46. And he it enacted That if any person or persons shall Persons destroying unlawfully and maliciously pull down or in any way destroy or do any je Waring Mies? injury to the said bridge with intent and so as thereby to render such felony. bridge or any part thereof' dangerous or impassable every such offender shall be deemed guilty of felony and being convicted thercof in any Court of competent jurisdiction shall be liable to be kept to hard labour on the roads or other public works of the Colony for such term as the said Court shall think fit. 47. And be it enacted That if any person or persons whosoever Penalty for injuring shall wilfully or maliciously injure pull or cut down pluck up throw oisvong tte down break level or otherwise damage demolish or destroy any toll- the said bridge. gate chain post rail bax wall or other fence or fences lamp or lamps belonging to the toll-gate at or upon the said bridge or table of tolls put up thereat or any part of the said bridge then and in each and every such case the person so offending shall forfeit and pay for every such offence a sum not exceeding ten pounds over and above the damage oceasioned thereby to be recovered and applied as hereinatter men- tioned. 48, And he it enacted That it shall be lawful for any one or Justice of the Peace more Justice or Justices of the Peace to hear and determine in a {2,eetnd deter summary way all offences committed against the true intent and meaning of this Act (except in cases of felony hereinbefore mentioned) and for that purpose to summon before hin. or them any party or partics accused of being an offender or offenders against the same and in ease the party accused shall not appear on such summons or offer reasonable excuse for his default then and in every such case any such Justice or Justices is or are hereby authorized and required to proceed to make inquiry touching the matters complained of and to examine any witness or w itnesses who shall be offered on either side on oath which oath every such Justice is hereby authorized to administer and after hearing the parties who shall appear and the witnesses offered on 2D either Application of penalties recovered. Conviction not to be quashed for want of form or removable by certiorari. Half-yearly dividends of profits to be made. Receipts of guardians of minors &c. to be good discharges. Portion of profits may be reserved before declaring dividends. No dividend to be paid on shares in arrear, Execution against shareholders to the extent of their unpaid shares. 15° VIC. 1851. Penrith Nepean Bridge Company. either side such Justice or Justices shall convict or acquit the party or parties accused and if the penalty or money forfeited or directed to be paid in any conviction be not duly paid forthwith then every such Justice or Justices shall on the non-payment of the penalty or sum of moncy directed to be paid and the charges thereon by warrant under his or their hand and scal or hands and seals commit every such offender or offenders to some one of the common gaols of the said Colony for any period not exceeding three months Provided always that no person or persons shall be convicted of any offence or offences contrary to the provisions of this Act in a summary way as aforesaid after the expiration of three months from the time when any such offence or offences shall have been committed. 49. And be it enacted That one moiety of all penalties or sams of money recovered under this Act shall be paid to the informer and the other moicty to Her Majesty Her Heirs and Successors for the public uses of the Colony and for the support of the Government thereof. 50. And be it enacted That no summary conviction under this Act shall be quashed for want of form or be removed or removable by writ of certiorari or otherwise into the Supreme Court and no warrant or commitment shall be held void by reason of any defect therein pro- vided that it be therein alleged that the party has been convicted and that there be a good and valid conviction to sustain the same. 51. And be it enacted That the directors of the said company shall at each of the half-yearly general meetings make dividends of the surplus tolls and profits arising to the said company after deduct- ing therefrom the costs charges and expenses of the said company as well as of the repairs of the said bridge toll-gate or toll-house belong- ing to them as for the salaries and allowances of the several officers and agents and for such other purposes connected with the said com- pany as may be deemed proper by the said directors consistent with the by-laws rules and regulations of the said company. 52. And be it enacted That if any moncy be payable from the said company to any sharcholder or other person being a minor idiot or lunatic the receipt of the guardian of such minor or the reccipt of the committee of such idiot or lunatic shall be a sufficient discharge to the said company. 53. And be it enacted That before apportioning the profits to be divided among the shareholders the said directors may if they think fit set aside therefrom such sum as they may think proper to meet contingencies or for improving or repairing the said bridge toll-gate or anything connected therewith and may divide the balance only among the shareholders. 54, And be it enacted That no dividend shall be paid in respect of any share until all calls then due in respect of such and every other share held by the person to whom such dividend may be payable shall have been paid. 55. And be it enacted That if any execution cither at law or in equity shall have been issued against the property or effects of the said company and if there cannot be found sufficient whercon to levy such execution then such execution may be issued against any of the share- holders 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 against any shareholder except upon the order of any 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 1851. 15° VIC. Penrith Nepean Bridge Company. of capital remaining to be paid up on their respective shares it : shall be lawful to any person entitled to any such exccution at all reasonable times to inspect the register of sharcholders required to be kept in the office of the said company as aforesaid without fee Provided further that nothing herein contained shall extend to charge or make liable any shareholder of the said company or his real or personal estate with or for any debt or demand whatever due or to become duc from or by the said company or in anywise relating to the said undertaking for any of the matters or things authorizcd in this Act to be made done or completed beyond the extent of his shares in the capital of the said company not then paid up any law custom or usage to the contrary thereof in anywise notwithstanding. 56. And be it enacted 'That if by means of any such exceution any sharcholder 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. 57. And be it enacted That it shall be lawful for the said company by order of any general meeting of the said company to raise any further sum or sums of moncy not exceeding altogether nine thousand pounds in addition to the said capital of six thousand pounds for erccting building completing and maintaining the bridge toll-gate and toll-house hereby authorized and the said company are hereby authorized and empowered to raise any such further sum or sums by contribution amongst themselves or by the admission of other persons as subscribers to the said company and by issuing new shares of five pounds cach to such contributors or subscribers but so that each such contributor or subscriber shall not pay a less price than five pounds for cach new share and that all such new shares shall be and be deemed personal estate and be transmissible accordingly and every person who shall contribute and pay up on or in respect of such new shares or who may become entitled thereto and their several and respective successors executors administrators and assigns shall be and arc hereby declared to be owners or proprictors of shares in the said company and shall become united to and incorporated with the said company. 58. And be it enacted That all the money to be raised by the said company by virtue of this Act shall be laid out and applied in the first place for and towards the payment discharge and satisfaction. of all costs charges and expenses incurred in applying for obtaining and passing this Act and of all other expenses preparatory or relating thereto and all the residue and remainder of such money shall be applied in and towards the crecting building completing and maintain- ing the said bridge toll-gate and house at near or on the same and other the purposes of this Act. 59. And be it enacted That the chairman of the said company shall within thirty days from and after the first day of January in cach and every year or 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 proprictors or shareholders of the said company with their respective places of abode and descriptions verified by a declaration to be made hy such chairman in pursuance of the Act of the Governor and Legislative Council 9 Victoria No. 9 to be recorded in the office of the Registrar General of the said Colony and the same shall be open for inspection at all reasonable times by any person requirmg the same on tlc payment of a fee of one shilling for cach such inspection and if any such chairman shall omit or neglect to cause such list. to be recorded in manner aforesaid or shall wilfully falsify any such list he shall be subject and liable to a penalty of fifty pounds to be recovered by an action of debt in the Supreme Cow or any other Court of competent jwisdiction of the said Colony or its dependencies by any person who shall Shareholders not liable beyond the amount of their unpaid shares. Sharcholders to be reimbursed amounts paid beyond calls due. Power to raise a further capital of £9,000. Application of money to be raised. Names of proprictors to be recorded yearly. Penalty for neglect, 212 15' VIC. 1851. Penrith Nepean Bridge Company. shall sue for the same Provided that such action be commenced within two years from the time the offence shall be alleged to have been committed. Persons whose names 60. And be it enacted That every person whose name shall be deemed proprietors, SO recorded as aforesaid shall be thereby considered taken and held prima facie to be a proprietor or shareholder of the said company and shall be liable as such until a new list of the names of the proprictors or shareholders of the said company shall be recorded as aforesaid or until he shall have retired trom and given notice in the New South Wales Government Gazette of his retirement from the said company Provided however that nothing herein contained shall be deemed to absolve any person trom liability on account of any debts incurred by the said company during the time such person remained a proprictor or member of the same or to render any individual proprietor or member of the said company liable for any debts incurred by the said company except so far as he may be liable under the provisions of this Act. es dnecgnment to 61. And be it enacted 'That it shall be lawful for the Governor purchasing the of the said Territory for the time being with the advice of the Executive fridge and its app Council thereof at any time after the expiration of seven years from price, the completion of the said bridge to purchase the same with all its appurtenances in the name and on the behalf of Her Majesty or Her Successors upon giving to the said company three calendar months notice in writing of the intention so to do and upon payment to the said company of a stm equal to the whole sum expended in erecting and completing the said bridge and its appurtenances together with a Proviso thata = premium thereon of ten per cent. Provided always that the said com- thecostsof the bridge pany shall within one calendar month after the completion of the said be filed in the office bridge file in the office of the Colonial Secretary of the said Colony a Secretary. true and faithful account in detail of all costs and expenses occasioned by and incident to the erection of the said bridge and verified by the declaration of the chairman of the said company and that the amount of such costs and expenses shall be the sum upon which the said Company may sell at premium shall be estimated Provided also that at any time during toon of thiety.cbres the continuance of the said term of thirty-three years if it be considered years, expedient and a general meeting of the said company shall have authorized the same it shall be lawful for the said company to sell and dispose of the said bridge and its appurtenances and to assign the interest of the said company in the same to Her Majesty and Her Successors upon such other terms as may in such case be agreed upon between the said company and the Governor of the said Colony for the time being and that upon the completion of such sale the right of the said company to demand and take tolls and their liability to keep and maintain the said bridge in repair under this Act shall ccase and determine. Power to dissolve 62. And be it enacted That at any time after the expiration thirty doce wean" of thirty-three years from the passing of this Act it shall be lawful for the Governor for the time being of the said Colony with the advice of the Executive Council thereof by advertisement in the Government Gazette of the said Colony to dissolve and determine the said corpo- ration and thereupon the said corporation of the Penrith Nepean Bridge Company shall ipso facto be dissolved and cease. Duration of Act, 63. And be it enacted That this Act shall continue and be in force thirty-three years Provided that unless the said bridge shall be properly built and perfected within three years after the passing of this Act this Act shall thereupon cease to be in foree and the said company be ipso facto dissolved. Rights of the Crown 64. And be it enacted That nothing in this Act contained shall not affected. be deemed to affect or apply to any right title or interest of Her Majesty 1851. 15° VIC. 213 Penrith Nepean Bridge Company. Majesty Her Heirs and Successors or of any body or bodies politic or corporate or of any other person or persons excepting such as are mentioned herein or of those claiming by or under him or them. 65. And be it enacted That this Act shall be deemed and taken This Acttobedeemed to be a public Act and shall be judicially taken notice of as such by a public Act. all Judges Justices and others without being specially pleaded. SCITEDULE A. FORM OF CERTIFICATH OF SHARE. No. Penrira Nepean Brings Company. Tus is to certify that A. B. of is the proprictor of the share (or shares) numbered of the Penrith Nepean Bridge Company subject to the regulations of the said company Given under the common seal of the company the day of in the ycar of our Lord one thousand cight hundred and SCHEDULE B. WOODRIFE'S LAND. Aus that parcel of Jand situated on the bank of the Nepean River in the borough of Penrith and county of Cumberland bounded on the east by the roadway of the Western Road on the north and south by westerly continuations of the north and south boundaries of the Western Road and on the west by the Nepean River and comprising by admcasurement 224 perches more or less. SCHEDULE C. TABLE OF TOLLS. For every person crossing the bridge in any manner we wee ood " horse mare gelding ass or mule drawing or not drawing o4 " ox or head of neat cattle drawing aes tee wee 0 2 " " in a drove tee wee we 0 1 » sheep lamb pig or goat... wee tee wee we 0 Of " carriage on springs with two wheels wee we wee 0 6 » carriage on springs with four wheels... ase wee 1 0 " vehicle with two wheels without springs ae wee 0 4 " vehicle with four wheels without springs ose we 0 8 No double toll to be charged on Sunday nor shall the above tolls be demandable more than once a day. An