The Adelaide and Hindmarsh Tramways Act.-1877. the person entitled to the principal moneys and interest has not furnished an address in writing to the Company, then such notice shall be given by an advertisement published once in the Government Gazette, and in some one or more of the newspapers which shall then be published daily in the City of Adelaide. 81. Whenever the Company has given (as in this Act provided) Stoppage of interest. to any such mortgagee or bond-creditor, notice of their intention to pay the principal moneys and interest thereon at a time when the Company is entitled to make such payment, then, from and after the day named in such notice for such payment, interest shall cease to accrue on, or be payable in respect of, such principal moneys, unless the Company shall fail to make such payment on the day named in such notice for that purpose; and the person entitled to such principal moneys and interest personally, or by some agent authorized by him in writing to receive such principal moneys and interest, and to give a proper discharge therefor, shall attend on the day named in such notice at the Company's principal office or place of business to receive the principal moneys and interest, and to give a proper discharge for the same. As to Appointment of Receiver: 82. Any mortgagees of the Company may severally, or in con- Enforcing payment junction with each other, enforce, by obtaining the appointment of by a receiver. a receiver, the payment of arrears of interest due on any mortgage debts due to him or them, or the repayment of such debts, and pay ment of the interest due thereon. 83. Whenever the arrears of interest due to any mortgagee of the When appointment of Company amount to the sum of One Thousand Pounds, and have receiver may be reremained unpaid for thirty days after the day or days on which they ment of interest. become payable, the person to whom such arrears of interest are due may, after having made on the Company a written demand for payment thereof, but without prejudice to his right to sue at law or in equity for such arrears of interest, require the appointment of a receiver, by an application to be made in the manner hereinafter mentioned. 84. Whenever a mortgage debt of the Company has, without the consent of the mortgagee, remained unpaid for six months after the same has become repayable, and amounts to the sum of Two Thou sand Pounds, the person to whom such debt is due may, after making on the Company a written demand for the repayment of such debt due to him, but without prejudice to his right to sue at law or in equity for any such mortgage debt, together with all arrears of interest due thereon, require the appointment of a receiver in the manner hereinafter mentioned. To enforce payment of principal. 85. Every application for a receiver under either of the last two To whom application sections shall be made to a Judge of the Supreme Court; and such for receiver shall be Judge may, when any such application has been made, after hearing made. the Powers and duties of receiver. Termination of powers of receiver. Access to Company's books. Moneys borrowed on mortgage to be paid first. Service of Notices. The Adelaide and Hindmarsh Tramways Act.-1877. the applicant mortgagee, or any practitioner of the Supreme Court acting on his behalf, and if the Company oppose such application, after hearing them by their secretary, or by some practitioner acting on the behalf of the Company, appoint some fit person to receive the whole, or a competent part of the tolls or moneys liable to the payment of such interest, or the repayment of such mortgage debt, as the case may be, until there has been made full payment of such interest, and full repayment of such mortgage debt, as the case may be, together with all costs of the applicants, properly or necessarily incurred in making, or in respect of the said application, and also all costs, charges, and expenses, properly or necessarily incurred in receiving and collecting the aforesaid sum and tolls, and in paying over the same to the applicants. 86. After such appointment has been made by a Judge, and after a true copy of the order whereby such appointment is made has been delivered to the secretary, or left at the principal office of the Company, all tolls or sums of money which are liable to pay such interest and principal, and which the Company may receive, shall be paid by the several persons receiving them, or by the Company to the person appointed receiver thereof by such order; and shall be received by him to the use of the applicant mortgagee and his other transferees; and shall be applied by the receiver to pay, in the first place, all the aforesaid costs, charges, and expenses; and the surplus, if any, shall be applied in paying to the applicants, rateably, the amounts due to them respectively. 87. The power and authority of the receiver shall determine whenever all such costs, charges, and expenses, arrears of interest, and mortgage debts have been fully paid, and the surplus receipts (if any) shall be then paid by him to the Company. 88. At all reasonable times the Company's books of account shall be open to the inspection of every mortgagee and bond-creditor of the company, and of any person acting on his behalf, and every such mortgagee, bond-creditor, or person shall be entitle to make extracts therefrom without payment of any fee therefor. 89. All interest for the time being due on any moneys borrowed on mortgage under this Act, and all such principal moneys from the times at which they respectively are advanced, shall have against the Company and against the property, of the Company, priority over all other claims on account of any debt to be incurred or engagement to be entered into by them: Provided always that such priority shall not prejudice or affect the lien of any unpaid vendor for the unpaid purchase-money of any land taken from him by a Company for the purpose of the tramway. As to Notices: 90. Every notice by this Act required to be given by, or to the Company, shall be signed by the Company, street authority, or persons The Adelaide and Hindmarsh Tramways Act.-1877. persons giving the same, or by their secretary or clerk; and such. notice shall be deemed to have been duly given if left at the principal office of the Company, street authority, or persons to whom the same shall be intended to be given, or if posted in a registered letter, prepaid, addressed to such Company, street authority, or persons, or their secretary or clerk, at their principal office: Provided that if such notice shall be posted as aforesaid, the same shall be deemed to have been given at the last moment of the day on which the same ought to be delivered at such principal office in the ordinary course of post. 91. Every secretary, accountant, or officer, clerk, or servant of the Company, notwithstanding he may be a shareholder and have a joint interest in the property of the Company, shall be liable to be proceeded against criminally for any offence committed by him in respect of the property of the Company in like manner and in all respects as if he were not a shareholder and had no such interest. As to Proceedings: 92. Every proceeding under this Act for any omission, default, offence, or act to which any penalty is attached, where no other mode of proceeding is by this Act provided, may be had and taken before and be heard and determined in a summary way by any Special Magistrate or two Justices of the Peace, under the provisions of an Ordinance of the Governor and Legislative Council, No. 6 of 1850, intituled "To Facilitate the Performance of the Duties of Justices of the Peace out of Sessions with respect to Summary Convictions and Orders," or of any Act now in force or hereafter to be in force relating to the duties of Justices of the Peace with respect to summary convictions and orders, and all convictions and orders made by such Magistrate or Justices may be enforced as in the said Ordinance or in any other Act as aforesaid is or shall be provided. 93. There shall be an appeal to the Local Court of Adelaide of Full Jurisdiction only from every conviction by any Special Magistrate or Justices for any offence against this Act; and from every order dismissing any information or complaint, or from any other order made by such Magistrate or Justices under this Act, and the proceedings on such appeal shall be conducted in manner appointed by the said Ordinance No. 6 of 1850, for appeals to Local Courts, or any Act to be hereafter in force regulating such appeals; but the Local Court of Adelaide aforesaid shall also have the power to make such order as to the payment of the costs of the appeal as it shall think fit, although such costs may exceed Ten Pounds. 94. Nothing in this Act contained shall affect any right, title, or Act not to affect He interest of Her Majesty, Her heirs, or successors. And nothing Majesty. 95. This Act to be deemed a Public Act. The Adelaide and Hindmarsh Tramways Act.-1877. 95. This Act shall be deemed and taken to be a Public Act, and shall be judicially noticed as such within the Province without being specially pleaded. In the name and on behalf of Her Majesty, I hereby assent to this Bill. WM. F. DRUMMOND JERVOIS, Governor. SCHEDULE. By virtue of the Adelaide and Hindmarsh Tramways Act, 1877, We, the Adelaide and Hindmarsh Tramway Company, Limited, in consideration of the sum of £ of paid to us by do assign unto the said h executors, administrators, and assigns, the undertaking [and in case the loan shall be in anticipation of the capital authorized to be raised, and all future calls on shareholders] and all the tolls and sums of money arising by virtue of the said Act, and all the estate, right, title, and interest of the Company in the same to hold unto the said h executors, administrators. and assigns until the said sum of £ per in the By virtue of the Adelaide and Hindmarsh Tramways Act, 1877, We, the Adelaide and Hindmarsh Tramway Company, Limited, in consideration of the sum of £ paid to us by of h do bind ourselves, and our successors, unto the said executors, administrators, and assigns in the penal sum of £ The condition of the above obligation is such that if the said Company shall pay to the said assigns on the day of the principal sum of £ h executors, administrators, or one thousand eight hundred and together with interest for the same at the rate of £ per centum per annum, payable half-yearly in each year then the above-written obligation is to become void, otherwise to remain in full force. Given under our common seal this thousand eight hundred and day of one Attested and registered by Secretary. FORM |