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Kalgoorlie Tramways.

16. (a.) The Promoter shall supply cross-sections in accordance with the

Act forthwith. (6.) The curve from Section 1 to Section 2, Hannan Street to Maritana

Street, to be shown on Plan P.W.D., W.A., 7143. (c.) Section No. 2.-Figures showing distance of side of track from

kerb on Sheet No. 1 (P.W.D., W.A., 7144) to be corrected.

They should be 38ft. 3in., not 48ft. 3in. (d.) The poles carrying the feeder cables to be in the centre of the

streets on all sections except No. 4 Section (wherein they are to be as shown on cross sections on P.W.D., W.A., 7146) and not slightly on one side, as shown on P.W.D., W.A., 7948, Sheet 2, and the tracks, both main line and passing sidings, must be so spaced as to leave a clear width of 3ft. between the said poles and the sides of the cars, that is to say, assuming the diameter of the poles to be lft., the centre of the tracks on each side should be not less than 7ft. 8in. from the centre of

the poles. (e.) The spans between the poles not to exceed 120ft. (f.) The voltage of the current supplied not to exceed 600 volts without

the approval of the Local Authorities. (9.) Height of cables and trolly wire above street not to be less than

19ft. without the approval of the Local Authorities. (h.) If any cables are erected close to any balcony or building, provision

must be made to prevent the possibility of any such cables actually touching and making earth with the verandahs, etc., and provision must also be made for protecting any person standing on a balcony or verandah from accidentally touching the cables. No cable carrying a voltage of from 500 to 600 volts to be placed closer to any building or verandah or balcony than 3ft., and, wherever possible, cables to be on a level with the floor or roof

of the verandah or balcony. (i.) In the event of fire or any other serious accident, the Local

Authorities, Fire Brigade, or Police to have power to order the supply of current to be discontinued at any place, in order to avoid the danger or accident to firemen, etc., carrying out their duties ; and the Tramway Company shall have no claim for

compensation for loss of traffic or damage. (j.) Where a trolly wire is supported by a span wire, the span wire to

be insulated at both ends of the poles, in addition to the usual

insulation between the span wire and the trolly wire. (k.) No wire, cable, pole, stay, or other fixing to be erected closer than

3ft. from any telegraph or telephone wire, cable, pole, stay, or

fixing, without the permission of the Government. (1.) Each car to be provided with circuit-breakers or cut-out switches at

each end of the car, so that the whole current can be cut off

from either end of car independently. (m.) Fenders of approved form to be fitted to both ends of each car. (n.) Before any work is commenced beyond the laying of the track,

detailed plans and specifications of the whole of the electrical installation machinery, buildings, and works, together with detailed drawings of the rolling

stock, shall be submitted to the Commissioner of Railways for his approval. 17. On the signing of this Provisional Order the Promoter shall pay, as a deposit, into the hands of the Colonial Treasurer the sum of £3,250; and in the event of the said deposit not being paid, the powers given by this Provisional Order to the Promoter for constructing the said tramways shall cease to be Kalgoorlie Tramways.

exercisable

exercisable unless the time be prolonged by direction of the Governor in Council. The said deposit shall be held by the Colonial Treasurer until the tramways included in the said Schedule hereunder written are in working order and open for traffic, when the same shall be returned to the Promoter with accrued interest (if any).

18. The Promoter may, at any time, with the consent of the Governor and of the Local Authority (such consent of the Local Authority not to be unreasonably or arbitrarily withheld) sell or transfer the said undertaking and tramways to any person, persons, Corporation, Company, or to the Local Authority; and where any such sale or transfer has been made, all the rights, powers, authorities, obligations, and liabilities of the Promoter in respect of the said undertaking and tramways, shall be transferred to, vested in, and may be exercised by and shall attach to the person, persons, Corporation, Company, or Local Authority to whom the same has been sold or transferred, in like manner as if such tramways were constructed by such person, persons, Corporation, Company, or Local Authority, under the powers conferred upon them by this Provisional Order and by the Act of Parliament confirming the same, and in reference thereto they shall be deemed to be the Promoters.

The Promoter and any person, Corporation, and Company may from time to time make and enter into and carry into effect contracts, agreements, and arrangements for or with reference to the use by such other persons, Corporation, or Company of the said tramways or portion thereof, and for prescribing and regulating the tolls and charges to be paid for such use, and the terms and condi. tions of such user, and all matters incidental thereto.

20. The term “ the Promoter,” wbenever herein before used, shall mean and include the said Ernest Edward Rogers and his executors, administrators, and permitted assigns, whenever the context so requires or admits.

SCHEDULE REFERRED TO IN THE PROVISIONAL ORDER.
From the junction of Egan Street and Outridge Terrace along Outridge

Terrace to Hannan Street, along Hannan Street to the Western end

of Hannan Street to Throssell Street. 2. From the junction of road at Hannan and Wilson Streets to and across

Forrest Street, opposite Railway Station. 3. From the junction of Hannan and Maritana Streets along Maritana

Street to Varden Street. 4. From the junction of Maritana and Collins Streets along Collins Street

to the end thereof, at the Government Reserve 4557. 5. From the junction at Hannan and Lane Streets along Lane Street

to the junction of Lane and Macdonald Streets; thence along Macdonald Street to the junction of Macdonald and Lionel Streets ;

thence along Lionel Street to the City boundary joining Gala Road. 6. From the junction of Hannan and Maritana Streets along Maritana

Street and Boulder Road to the municipal boundary line. 7. From the junction of Hannan and Nethercott Streets along Nethercott

Street to Macdonald Street, and thence along Macdonald Street to the

Racecourse entrance.
Route No. 1 to be a double line from Hannan Street Railway Station along

Outridge Terrace and Hannan Street to Wilson Street.
As witness my hand this 18th day of December, 1899.

F. H. PIESSE,

Commissioner of Railways.

CLAUSES

Kalgoorlie Tramways.

CLAUSES D, H, I, J, K, L, AND M, REFERRED TO IN PARAGRAPH 15

OF FOREGOING PROVISIONAL ORDER. (D.) That the Promoter shall, at his own expense, at all times maintain and keep in good condition and repair, with such materials and in such manner as the Local Authority shall direct, and to their satisfaction, so much of any road whereon any tramway belonging to him is laid as lies between the rails of the tramway and (where two tramways are laid by the same Promoter in any road at a distance of not more than four feet from each other) the portion of the road between the tramways, and in every case so much of the road as extends 18 inches beyond the rails of and on each side of any such tramway. If the Promoter abandons his undertaking or any part of the same, and takes up any tramway or any part of any tramway belonging to him, he shall, with all convenient speed, and in all cases within four weeks at the most (unless the Local Authority otherwise consent in writing) fill in the ground and make good the surface, and, to the satisfaction of the Local Authority, restore the portion of the road upon which such tramway was laid to as good a condition as that in which it was before such tramway was laid thereon, and clear away all surplus paving or metalling material or rubbish occasioned by such work; and he shall

, in the meantime, cause the place where the road is opened or broken up to be fenced and watched and properly lighted at night in the same manner as prescribed in Clause 20 of this Act, viz., the Tramways Act, 1885.

(H.) All road metal lifted or broken by the Promoter in the course of any authorised work may be used by the Promoter so far as he needs it for relaying and reconstructing, but in no case is the Promoter to remove such material, except for tramway purposes on the route under construction. All surplus metal on each separate route shall belong to and become the property of the Local Authority, and shall be cleared away by the Promoter, and deposited at such places as the Local Authority may direct within the Municipality.

(I.) The Local Authority shall have the right to use all the tramway lines between the hour of midnight and 5 a.m. for the purpose of running scavenger or other trucks, or distributing road metal, or any other works; provided that the lines are not required by the Promoter between those hours for the purpose of any repair, and that eight hours' previous notice shall be given to the Local Authority by the Promoter that he so requires the lines : Provided always, that, in the event of any damage being done to the lines by the Local Authority, such damage shall be made good at the expense of such Local Authority: Provided further, that all scavenger or other trucks to be used by the Local Authority as aforesaid shall be first submitted and approved of by the Promoter.

(J.) The Local Authority shall have the right to use all poles belonging to the Promoter for the purpose of street lighting; such poles to be approved of by the Local Authority before being erected. The position of such poles shall also be decided by the Local Authority, provided that, by so doing, it will not interfere with the Promoter's lines or wires or electric current, or any other power used; and provided, also, that not more than one lamp shall be placed on each pole.

(K.) The Promoter shall pay to the Local Authority 3 per cent. of the gross earnings derived from the working of the tramways, in accordance with Section 46 of the Tramways Act, 1885, such payment to be accepted in lieu of all municipal rates and taxes now levied or hereafter to be levied which the Local Authority but for this agreement would be entitled to impose or levy in respect of the tramway lines of all lands, buildings, or workings used exclusively in connection with the workings thereof. Such amount shall be calculated and paid quarterly: Provided that nothing shall be payable under this clause by the Promoter until three years from the granting of the Provisional Order.

(L.) The Local Authority shall have the right, at the end of twenty-one years from the date fixed for the completion of the works by the Provisional Order, upon giving six calendar months' notice of such their intention, to purchase

the

Kalgoorlie Tramways.

the whole of the lines, plant, rights, undertakings, lands, and buildings of the Promoter. The price to be paid by the Local Authority shall be the value of the whole tramway system within the municipality, and shall be ascertained by arbitration in manner provided by the Arbitration Act, 1895; provided that, in estimating the amount so to be paid, all freehold and leasehold lands shall be valued at the actual price paid by the Promoter for the same without interest, and nothing shall be allowed for the goodwill, nor shall the proceeds or earnings be considered in any way.

(M.) If the Local Authority shall not exercise the right of purchase mentioned in the preceding clause hereof, then at the end of thirty-five years from the date fixed for the completion of the works by the Provisional Order, the whole of the tram lines mentioned in the schedule hereto, together with all extensions thereof, if granted, and together with the entire undertaking, rights, plant, workings, freehold and leasehold lands, and buildings within the municipality used in connection therewith, shall be handed over to the Local Authority in good working order and condition, and free from all liens, mortgages, or other encumbrances, on the following terms, that is to say, as to all the present proposed lines and all extension should they be granted, made within ten years after the date fixed for the completion thereof, upon payment of the actual price without interest paid by the Promoter for the said freehold and leasehold lands, and as to all extensions which may be approved of and made after the said period of ten years, upon payment of the amount fixed by arbitration in the manner provided by the Arbitration Act now in force in the Colony: Provided that nothing shall be allowed for the goodwill, proceeds, or earnings of the said extensions.

By Authority: RICHARD PETHER, Government Printer, Perth.

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AN ACT to confirm a Provisional Order

authorising the Construction of Tramways in the Town of Fremantle.

[Assented to, 5th December, 1900.] BE E it enacted by the Queen's Most Excellent Majesty, by and

with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:

1. THIS Act may be cited as the Town of Fremantle Tramways Short title. Act, 1900.

2. THE Provisional Order made by the Commissioner of

Confirmation of ProRailways for Western Australia on the 11th day of October, 1900, visional Order. and set forth in the Schedule of this Act, is hereby confirmed.

3. SUBJECT to the provisions of the Tramways Act, 1885, the Promoters named in the said Provisional Order and its assigns may to construct, main make, form, lay down, construct, maintain, and work the Tramways tain, and work tramset forth in the said Provisional Order.

4.

ways.

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