Borough of Thames Tramways Act 1874

Borough of Thames Tramways Act 1874

Public Act1874 No 41
Date of assent31 August 1874

An Act to confer certain Powers on the Borough of Thames for laying down of Tramways for Gold Fields purposes.

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1 Short Title
  • The Short Title of this Act shall be The Borough of Thames Tramways Act 1874.

2 Interpretation
  • Wherever used in this Act, the word borough shall mean the said Borough of Thames, and the word Council shall mean the Council of the said borough.

3 Council may lay down or permit to be laid down lines of tramways
  • The Council may, subject to the provisions hereinafter contained, lay down or permit to be laid down along or across any street or road within the borough lines of tramways, and may cause or permit to be propelled driven or drawn along such tramways carriages and trucks for the conveyance of passengers, and the carriage of any quartz or mullock tailings or other debris from any mine, or of any timber blasting powder or other mining requisites, or of any materials goods or merchandise generally.

4 Council may erect or permit to be erected trestles hoppers shoots etc
  • The Council may, subject to the same provisions, erect or permit to be erected on trestles over along or across the line of any street or road within the borough, at such height as shall not impede public traffic, hoppers shoots flumes and tramways as in the last preceding section mentioned, and may permit any quartz mullock earth or water carried thereon or thereby to be discharged into the sea, or to be deposited in any other suitable place to be fixed by the Council.

5 Council may charge for permission to construct or erect
  • The Council may, subject to the provisions hereinafter contained, charge for any permission or right of use to be granted under any of the foregoing provisions such sum or sums by way of yearly rental or otherwise as may be agreed upon between the Council and any person or company applying for such permission or right; and all moneys so received shall be deemed and taken to be moneys of the borough, and shall be dealt with in all respects as the other borough funds are by law required to be dealt with.

6 Applications hereunder, how to be made and heard
  • Every application by any person or company for any permission under the foregoing sections shall be accompanied by full and complete plans and specifications of any works to be constructed under such permission, and by such other information and particulars as the Council may from time to time require, and such plans and specifications shall be open to inspection by any burgess of the said borough: And the Council shall notify in some newspaper published within the borough a day not less than seven days nor more than twenty-eight days from the date of receipt of application, on which day the Council will proceed to decide upon such application.

7 Council shall reserve certain rights and powers
  • In granting any such application, the Council shall reserve to itself the right to grant permission to other persons or companies to make connections to or to run other tramway lines across any such tramway, to regulate the gauge of such tramways and the speed at which carriages and trucks shall be propelled driven or drawn, and the prices at which passengers materials and goods shall be conveyed and carried; and shall also require good security from every applicant for the due performance of all conditions and stipulations attached to the granting of his application.

8 Term for which permissions may be granted
  • Permissions may be granted hereunder for any period not exceeding ten years; and at the expiration of the period for which any permission may be granted, all tramways trestles hoppers shoots or other matters erected thereunder shall be and become the absolute property of the said borough, unless it shall previously have been otherwise agreed upon.

9 Council may make regulations
  • It shall be lawful for the Council, subject to the approval of the person or persons who for the time being shall hold the delegation of the Governor's powers under The Gold Mining Districts Act 1873, to make alter amend repeal and revoke regulations for the proper and safe management care and control of all tramways and other works to be erected under the provisions of this Act; and such regulations may impose penalties not exceeding forty dollars for breaches thereof, to be recovered in a summary way by any person or persons authorized by the Council, before any two Justices of the Peace, in manner provided by Summary Proceedings Act 1957. All regulations made hereunder shall be published in the Provincial Government Gazette of the Province of Auckland, and in some newspaper published within the borough.

    The expression forty dollars was substituted, as from 10 July 1967, for the expression twenty pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

    A reference to the Justices of the Peace Act 1882 was substituted, as from 2 September 1882, for a reference to the Justices of the Peace Act 1866 pursuant to section 327 Justices of the Peace Act 1882 (1882 No 91). That reference was in turn substituted, as from 4 August 1908, by a reference to the Justices of the Peace Act 1908 pursuant to section 1(2) Justices of the Peace Act 1908 (1908 No 91).That reference was in turn substituted, as from 1 January 1928, by a reference to the Justices of the Peace Act 1927 pursuant to section 390 Justices of the Peace Act 1927 (1927 No 37). That reference was in turn substituted, as from 1 April 1958, by a reference to the Summary Proceedings Act 1957 by section 214(1) Summary Proceedings Act 1957 (1957 No 87).

10 Applicants may appeal from decision of Council
  • Any applicant for any permission which is empowered to be granted under this Act may appeal from the decision of the Council upon his application in respect of any matter arising thereout, including the consideration which the Council may demand for the granting of any permission asked for by such application, to the person or persons for the time being holding the delegation of the Governor's powers as in the last preceding section mentioned; and the person or persons so holding such delegation shall have power to decide upon the points raised by such appeal, and it shall be the duty of the Council to carry out and do any acts matters or things which by the decision upon any such appeal they shall be required to do.