AN ACT to authorise The Kalgoorlie Electric Tramways, Limited, to construct, maintain, and manage a line of Tramways on the Racecourse at Kalgoorlie.

W

[Assented to 24th December, 1904.]

HEREAS the Kalgoorlie Electric Tramways, Limited, being Preamble. a company properly incorporated under the Companies Act

of the Imperial Parliament, and registered and carrying on business in the State of Western Australia, is desirous of constructing, maintaining, and managing a Tramway on the racecourse at Kalgoorlie, being part of Hampton Location 2: And whereas the said Company has agreed with the lessees of the said land, who are trustees for the Kalgoorlie Racing Club, and with the said club, for the construction. maintenance, and management by the Company of the said Tramway: And whereas the Minister for Lands, as lessor of the said land, has consented to the said Agreement: And whereas it is expedient that the Company should be authorised to construct, maintain, and manage the said Tramway: Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia,

in

Interpretation.

Power to construct tramway.

How constructed.

Motive power.

Minister may prohibit traffic when line is unsafe.

in this present Parliament assembled, and by the authority of the same, as follows:

1. In the interpretation of this Act, save where there is something in the context inconsistent therewith, the following terms shall have the meanings set opposite them respectively :

"Minister," the Minister for Works in Western Australia.
"The Company," the Kalgoorlie Electric Tramways, Limited,
and its assigns.

"The Tramway," the tramway authorised by this Act to be
constructed, and works in connection therewith.

2. Subject to the provisions of this Act, and subject to and in accordance with an agreement made the ninth day of September, 1903, between Robert Gibson, l'atrick Whelan, and John Albert O'Meehan, Trustees of the Kalgoorlie Racing Club of the first part, the Kalgoorlie Racing Club of the second part, and the Company of the third part, which said agreement is set forth in the Second Schedule of this Act, the Company may construct, maintain, and manage a double line of tramway, with all necessary and usual works and conveniences, in the lines and upon the lands described in the First Schedule to this Act.

3. The tramway shall be constructed of sound material and upon a three feet six inch gauge, with steel rails of the T pattern and of a weight of not less than forty-five pounds to the yard. The tramway shall in all respects be constructed in accordance with the agreement hereinafter mentioned, and with the Tramways Act, 1885.

4. The tramway shall be moved by electrical or other power approved of by the Minister. The Company may erect and maintain on the said lands all such poles and posts, with wires attached thereto, as may be necessary or required for supplying electricity to cars on the said tramway.

5. Any person acting under the authority of the Minister shall at all times during the construction of the tramway, and after its completion, be allowed to inspect the tramway without let or hindrance; and on his report that the tramway or any portion thereof is unsafe, the Minister may, by order, prohibit the continuance of public traffic thereupon until the Minister is satisfied that the tramway is safe and fit for public traffic; and if the Company in any way disobey such order, they shall be liable, for every offence, to forfeit to the Minister a sum not exceeding one hundred pounds, to be recovered by complaint before any two justices.

The

The tramway shall be used for the conveyance or carriage of passengers and passengers' luggage only. Every passenger travelling on the tramway may take with him ordinary personal luggage belonging to him, not exceeding in weight 20lbs, without any charge being made for the carriage thereof.

6. The rate of speed to be observed in travelling on the Rate of speed. tramway shall not exceed ten miles an hour, and cars may be stopped at any point on the said lines for the purpose of picking up

and setting down passengers.

7. The Company may demand and take, in respect of such Tolls and charges. tramways, the tolls and charges fixed and agreed upon by the parties to the said agreement of the ninth day of September, 1903; but the Company shall not be entitled to charge the fare mentioned in Clause 4 of the said agreement in addition to the fare payable by persons travelling on the Company's line between Kalgoorlie and the Kalgoorlie Racecourse.

landlord.

8. Nothing herein contained shall prejudice or affect the Agreement with agreement in the last preceding section mentioned, except so far as the same is contrary to, or in conflict with, the provisions of this Act or the Tramways Act, 1885.

ways Act, 1885.

9. The following sections of the Tramways Act, 1885, namely, Incorporation of sections 26, 27, 28, 30, 34, 35, 37 to 45 inclusive, 48, 50, and 51, portions of Tramshall extend to and be deemed to be incorporated and included in this Act. In the interpretation of the said sections, when applied to this Act, expressions in the Tramways Act, 1885, "The Promoters shall mean "The Company," and "The Local Authority Authority" shall mean "The Trustees of the Kalgoorlie Race Club and the Kalgoorlie Race Club."

10. If the works authorised by this Act be completed to the Return or forfeiture satisfaction of the Minister for Works within twelve months from of deposit.

the passing of this Act, the deposit money paid by the Company to

the Public Treasury shall be returned, otherwise such deposit money

shall be forfeited.

11. This Act may be cited as as the Kalgoorlie Racecourse Short title. Tramways Act.

THE

The First Schedule.

On all that piece or parcel of land being part of Hampton Location 2, containing 2 roods 20 perches more or less, and being a portion of Reserve No. 3417, known as the Kalgoorlie Racecourse, and bounded as follows: --Starting at a point on the North boundary of the Racecourse Reserve, distant 320 links from its North-West corner, and thence along the North boundary bearing 109 degrees 17 minutes for a distance of 65-2 links; thence bearing 177 degrees 38 minutes for a distance of 401 links; thence bearing 166 degrees 46 minutes for a distance of 292 links; thence bearing 180 degrees 22 minutes for a distance of 103 links; thence bearing 166 degrees 46 minutes for a distance of 400 links; thence bearing 256 degrees 46 minutes for a distance of 363 links; thence bearing 346 degrees 46 minutes for a distance of 798 links; and thence bearing 357 degrees 38 minutes for a distance of 430 links to the point of commencement.

The Second Schedule.

THIS INDENTURE made this ninth day of September, nineteen hundred and three, between ROBERT GIBSON, PATRICK WHELAN, and JOHN ALBERT O'MEEHAN, all of Kalgoorlie, in the State of Western Australia, Trustees of the Kalgoorlie Racing Club (who, with their heirs, executors, administrators, and assigns, are hereinafter described as "The Trustees") of the first part; and the KALGOORLIE RACING CLUB, hereinafter called "The Club," of the second part; and the KALGOORLIE ELECTRIC TRAMWAYS, LIMITED, a company duly incorporated in England but registered in the said State under the provisions of the Companies Act, 1893, which, with its assigns, is hereinafter called "the Company," of the third part; WHEREAS by Lease from the Crown, dated the twenty-third day of January, nineteen hundred, registered in Lease Register No. 2, Folio 23, the messuage, lands, and hereditaments therein particularly described, situate at Kalgoorlie in the said State, and which are known as Hampton Location No. 2, with the appurtenances thereof, were demised and granted to Patrick Whelan, Walter Gibson, and Robert Gibson therein described, from the first day of October, one thousand eight hundred and ninety-nine, for the term of ninety-nine years thence next ensuing, as Trustees for the Kalgoorlie Racing Club, subject to the payment of the rent thereby reserved and the covenants on the part of the Lessees and conditions therein contained : AND WHEREAS by Instrument of Transfer, registered 1444/1900, the lastly hereinbefore in part recited Lease was transferred to Patrick Whelan, Robert Gibson, and John Albert O'Meehan: AND WHEREAS the Company is desirous of extending its tramway service into a certain portion of the Racecourse of the Kalgoorlie Racing Club, hereinafter more particularly specified, which said Racecourse is comprised in the said Hampton Location No. 2: NOW THESE PRESENTS WITNESS that it is hereby covenanted and agreed by and between the said parties hereto, as follows:

1. The Trustees and the Club do hereby grant to the Company free leave, right, and liberty of way and passage, in manner hereinafter mentioned, through and over the lands of the Trustees hereinafter described, and liberty for the Company, its agents, servants, and workmen, with and without horses aud carts, to enter upon and to make, lay, and repair a double track tramway in the usual way, by digging the soil and levelling the ground and making gutters through and over all those lands of the Trustees, being part of the said Hampton Location No. 2, delineated on the plan hereunto annexed and thereon coloured red, for carrying and conveying passengers to and from the said Kalgoorlie Racecourse by the electric