BE

[Assented to 24th December, 1904.]

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

1. This Act may be cited as the Agricultural Bank Act Short title. Amendment Act, 1904 (No. 2), and shall be read as one with the Agricultural Bank Act, 1894, hereinafter referred to as the principal

Act.

2. The amount which the Colonial Treasurer is authorised by Amendment of 58 section five of the principal Act to raise for the purposes of the Act Vict., No. 21, sec. 5. by the issue of mortgage bonds, as therein provided, is increased to

a sum not exceeding in the aggregate Five hundred thousand

pounds.

By Authority: WM. ALFRED WATSON, Government Printer, Perth.

AN ACT to confirm a Provisional Order authorising the Construction of Tramways in the Municipality of Victoria Park.

[Assented to 24th December, 1904.]

BE it the d consent of the Legislative Council

E it enacted by the King's Most Excellent Majesty, by and

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 Victoria Park Tramways Act, Short title. 1904.

2. The Provisional Order made by the Minister for Works on Confirmation of the sixth day of December, one thousand nine hundred and four, Provisional Order. and set forth in the Schedule of this Act, is hereby confirmed subject to the amendment set forth in section six hereof.

moter to construct,

3. Subject to the provisions of the Tramways Act, 1885, the Powers for propromoter named in the said Provisional Order and its assigns (here- maintain, and work inafter called the promoter) may make. form, lay down, construct, tramways. maintain, and work the tramways set forth in the said Provisional

Order.

4.

Power to construct

crossing tramways.

4. It shall at all times hereafter be lawful for the Minister for and use railways Works to construct, and for the Commissioner of Railways to maintain and use lines of railway crossing the said tramways at any points; and whenever any such line of railway shall have been so constructed, the Commissioner of Railways may require the promoter, at its own cost, to erect a suitable bridge over such railway for the tramway traffic.

Protection of telephone service.

Colonial Treasurer

arrear from subsidy on rates.

5. Whenever any telephone service is erected prior to the construction of the tramways, and is prejudicially affected by the construction or working of the tramways, the Postmaster General may, at the cost of the promoter and its assigns, do all such things as may be necessary to protect the telephone service from being so affected, either by placing the same on a metallic circuit system or otherwise.

6. In case the promoter referred to in the Provisional Order shall deduct rent in shall fail to pay the rent provided for in clause nineteen thereof, the Colonial Treasurer shall and is hereby authorised to pay to the Minister for Works the rent in arrear, and deduct the same from the subsidy on rates which the promoter may be entitled to receive from the Colonial Treasurer.

Schedule rated.

incorpo

7. The Schedule hereto shall form part of this Act.

THE

THE SCHEDULE.

PROVISIONAL ORDER.

WHEREAS the MAYOR AND COUNCILLORS OF THE MUNICIPALITY OF VICTORIA PARK, a body corporate under the provisions of the Municipal Institutions Act, 1900, a body within the meaning of the expression "The Promoter" as defined in the Tramways Act, 1885, Section 3, Subsection 1, has made application to me for a Provisional Order authorising the construction of tramways within the said Municipality, along the routes specified in the schedule hereunder written; AND WHEREAS the Mayor and Councillors, as such body corporate, have given public notice of its intention to make such application in the form prescribed in the Schedule "B" annexed to the Tramways Act, 1885, by advertisement in the Government Gazette and in the Morning Herald newspaper, and has deposited the documents described in Schedule "C" annexed to the same Act at the Department of Public Works, and also at the Town Hall of the said Municipality; AND WHEREAS I have considered the said application, and it appears to me expedient and proper that the said application should be granted; NOW THEREFORE I, WILLIAM DARTNELL JOHNSON, the Minister for Works for Western Australia, DO HEREBY, by virtue of the Tramways Act, 1885, make a Provisional Order, and I DO ORDER as follows, that is to say:

1. The Promoter shall be and is hereby empowered to make, form, lay down, construct, maintain, and work tramways in, upon, and along such of the streets and roads in the said Municipality as are mentioned in the said Schedule hereunder written: PROVIDED, nevertheless, that notwithstanding anything herein contained it shall be lawful for the Minister for Works, at any time within six months from the date hereof, by notice in writing to the Promoter, delivered at the Town Hall, Victoria Park aforesaid, to prohibit the construction of any part or parts of the said tramways which, in the opinion of the Minister for Works, may interfere with the railway system.

2. The Promoter shall, within nine months from the first day of February, 1905, or within such extended time as the Minister for Works may approve, substantially commence and thereafter, in a proper and workmanlike manner, continuously carry on, construct, complete, and furnish and equip the works, tramways, cars, lines, machinery, and plant of all kinds in connection therewith, so that the same shall be completed and ready for use and running and open for public traffic within one year from the said first day of February, 1905, or within such extended time as the Minister for Works may approve.

3. The said tramways shall be constructed on a 3ft. 6in. gange, and shall be laid with steel rails.

4. The manner of construction of and the material used in the construction of the said tramways and the voltage of electric current shall be similar, or as near as possible, to that used in the construction of tramways in the other suburbs of Perth.

5. No cable or live wire shall be affixed or lie closer to the handrail of any balcony than 3ft, and all other necessary precautions shall be taken to prevent persons coming into contact with the said cables, and all necessary longitudinal guard wires shall be erected.

6. The said tramway shall be used for the conveyance of passengers and passengers' luggage only.

7.