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1875. NEW ZEALAND.
CONSTRUCTION OF THE DUNEDIN AND OCEAN BEACH RAILWAY. (CORRESPONDENCE RELATING THERETO.)
Presented to both Souses of the General Assembly by Command of His Excellency.
No. 1. The Secbetabt, Ocean Beach Eailway Company, to the Hon. the Commissioner of Customs. Sie, — Temple Chambers, Dunedin, 29th December, 1874. The Directors of the Dunedin, Peninsula, and Ocean Beach liailway Company are anxious to complete that portion of their railway which terminates at Forbury —the Ocean Beach —with as little delay as possible. The Directors would like to have the railway open and ready for traffic within three months; and the public also, who are largely interested in the enterprise in a sanitary point of view, would like to see it finished with as little delay as possible. To open the railway so soon as the Directors and the public wish is beyond the power of the Directors, unless they procure the loan of rails and fastenings from the Colonial Government. The Directors cannot purchase in New Zealand nor in the neighbouring colonies a 401b. rail—■ that being the standard weight adopted by your Government —and therefore, they must send an order to England for them. This will, even by means of the telegraph, delay the opening for a considerable time. Under these circumstances, I have the honor, by desire of the Directors, to solicit the aid of the Colonial 'Government, in the loan of a sufficient quantity of rails and fastenings for about three miles ; and the Directors especially solicit your influence in procuring them for an undertaking which you know is of considerable moment in many respects to the residents of the city of Dunedin. The Directors guarantee to send an order to England without any delay for rails and fastenings, and to return to the Colonial Government the standard weight and quantity of rails they may borrow from it so soon as the Government requires them, and to give any guarantee that the Government requires as to the time of returning them. I have, &c, J. B. Beadsiiaw, Interim Secretary, P. and O. Beach Company. The Hon. W. H. Reynolds, Commissioner of Customs, Dunedin.
No. 2. The Seceetary, Ocean Beach Eailway Company, to the Hon. the Commissioner of Customs. (Telegram). Dunedin, 6th January, 1875. Will you kindly telegraph early reply to my letter 31st December ? The Company are pushing work rapidly, and will require the rails in a week. Hon. W. H. Reynolds, "Wellington. J. B. Bbadshaw.
No. 3. The Hon. the Colonial Secbetaey to His Honor the Superintendent, Otago. Sie, — Colonial Secretary's Office, "Wellington, 7th January, 1875. I have the honor to inform you that an application (of which I enclose a copy) has been made to the Government, through the Hon. the Commissioner of Customs, by Mr. Bradshaw, M.H.R., Secretary to the Dunediu, Peninsula, and Ocean Beach liailway Company, for the loan of about three miles I—E. 4b.
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of rails to enable the Company to construct the first section of that railway much more speedily than they otherwise could do if ordered from Home. As this is a line of railway which, as far as the General Government are aware, is about to be constructed without any Ordinance of the Provincial Council or Act of the General Assembly, it will be necessary, before in any way committing the Government to recognize this Company or its proceedings, that the Government should be informed as to what the proposals of the Company are, in so far, at all events, as the main trunk line may be affected. I would first point out to your Honor that, as far as the General Government have been able to gather from the public papers, it is proposed by the Company to run over a portion of the main trunk line, and make use of the present railway terminus in Dunedin. Should this be the case, it will be necessary to obtain full legal powers to enter into such an arrangement. These being procured, the Government see no reason why an advantageous arrangement might not be made. If this is not the case, and the Company propose to run outside the present line of rails of the Dunedin and Clutha Eailway, I need hardly point out to your Honor that care will have to be taken to reserve sufficient width outside the present line to enable the General Government hereafter to lay down at least one, if not two, more lines of rails, —indeed a strip fully one chain wide should be reserved all through from the Anderson's Bay road to the present Eailway Station, and the Government feel sure that it is only for me to point this out to your Honor to insure your taking the necessary action, if indeed you have not already done so. The General Government have of course made no provision for rolling stock for this or any of the branch lines in Otago, and they fail to see what use this line will be unless some arrangement in advance is made for working the traffic when it is complete. If the rolling-stock the Public Works Department now have is permitted to be used for this and other branch purposes, full and proper provision will have to be made before such use is allowed, so as to insure further stock being here to take the place of that so used ; and the Government feel it more necessary to refer to this matter as the Minister for Public Works is at present in telegraphic communication with your Honor on the subject, jour Honor stating that the locomotive stock now on hand is insufficient for the present traffic requirements. I have ascertained that the Public "Works Department have some rails which could be temporarily spared, and that others are coming forward. The Government could not, however, lend these rails, but would be prepared to sell them to the Company for cash, at the price they cost, delivered in Dunedin, and themselves order rails to replace them, provided the proposals of the Company, when submitted, are such as to induce a reasonable expectation that they will be recognized by the Legislature—the Government, by any assistance it may render, not being considered as pledging itself to support whatever legislative sanction for those proposals the Company may seek to obtain. The Government will be glad to receive some official intimation of the Company's proposals, and also of your Honor's opinion on the various points raised herein, when, if the Government can, they will be prepared to assist the Company in the direction requested. I have, &c, His Honor the Superintendent of Otago, Dunedin. Daniel Pollen.
No. 4 The Hon. the Commissioner of Customs to the Secretary, Ocean Beach Railway Company. (Telegram.) Wellington, Bth January, 1875. Your letter to me 29th December has been submitted to Government, who write Superintendent to-day on the subject. See him. J. B. Bradshaw, Esq., M.H.R., Dunedin. W. H. Reynolds.
No. 5. The Hon. the Superintendent, Otago, to the Hon. the Colonial Secretary. (Telegram.) Dunedin, 12th January, 1875. Youb letter re Peninsula Railway Company just received; will reply at length by mail. Meantime Company ready to lay rails in a fortnight, if they can be had. They are willing to purchase at market price, with freight added, or they will pay your price provided you will take back an equal quantity of rails and fastenings now ordered from Home at same figure. As it appears there are plenty of rails that can be spared, I would, on public grounds, strongly recommend you to meet the case, and to encourage private enterprise in the construction of branch lines. The Hon. the Colonial Secretary, Wellington. J. Macandbew.
No. 6. The Secretary, Ocean Beach Railway Company, to the Hon. the Commissioner of Customs. (Telegram.) Duncdin, 12th January, 1875. Hate seen letter of Colonial Secretary to Superintendent. I understood you to say here you woiild use your influence in getting the rails. Hon. "\V. H. Eeynolds, Wellington. J. B. Bbadshaw.
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No. 7. The Hon. the Commissioner of Customs to the Secretary, Ocean Beach Railway Company. (Telegram.) Wellington, 13th January, 1875. Minister for Public Works, in letter to Superintendent, states that he will sell the rails at cost and charges. J. B. Bradshaw, Esq., Dunedin. W. H. Reynolds.
No. 8. His Honor the Superintendent, Otago, to the Hon. the Colonial Secretary. (Telegram.) Dunedin, 14th January, 1875. Please reply to telegram re Peninsula Railway Company, as they are now standing still for want of rails. I look upon the undertaking as of the most vital importance to Dunedin, and that Government is quite warranted in complying with their reasonable proposals. The Hon. Colonial Secretary, Wellington. J. Macandbew.
No. 9. The Hon. the Minister for Public "Woeks to His Honor the Superintendent, Otago. (Telegram.) Wellington, 14th January, 1875. The Colonial Secretary is pressing me for reply to your two telegrams re rails for Peninsula Railway. I am unable to reply till I receive your promised answer to letter from Colonial Secretary of 7th January. His Honor Jas. Macandrpw, Dunodin. E. Richardson.
No. 10. His Honor the Superintendent, Otago, to the Hon. the Colonial Secretary. Province of Otago, N.Z., Superintendent's Office, Sir, — Dunedin, 18th January, 1875. I have the honor to acknowledge the receipt of your letter of 7th January, 1875, in which you desire to be informed as to the proposals of the Dunedin, Portobello, and Ocean Beach Eailway Company before you decide upon an application by them for the loan of certain rails. In reply, I have to state that the Company has been duly registered in terms of the Joint Stock Companies Act; that its directors are men of business and good standing. The object of the Company is to construct a railway from Dunedin to the Ocean Beach and Portobello, along the foreshore of the harbour, and through certain private property «which has been acquired. It is proposed to form a junction with the Southern Trunk Line near the toll gato on the Anderson's Bay road, making use of the Government station and line to that point, until such time as the Company shall have reclaimed land at Rattray Street sufficient for a terminus of its own, when the line will start from Rattray Street close to the general terminus. An application has been made to the Provincial Government to work the line with the Government rolling stock on terms, either permanently, or until such time as the Company can obtain plant from England. Subject to the approval of the General Government, it has been resolved to comply with this application, the Railway Manager having reported that there is no difficulty in doing so, and that the work will bo highly reproductive. If the General Government concurs in this arrangement, and assuming that the Company's application for rails will be acceded to, the line to Anderson's Bay and the Forbury will be completed by the middle of March. The construction of the roadway is now being pushed rapidly forward, and has already made good progress. Of course, in agreeing to allow the lino to pass through land under the Provincial Government, care has been taken, where it will impinge upon the Southern Trunk Line of Railway, to leave ample space for widening the latter. It has further been arranged, that, in consideration of the Company being permitted to carry the line along the foreshore, alongside of and in some places upon the public road, and being allowed the use of a piece of land to be reclaimed by the Company for station purposes, the railway fares and haulage rates are to be subject to the approval of the Provincial Government from time to time. As the only private parties through whose land the line will pass have already been arranged with, it is not deemed necessary to apply for any legislative action, either Colonial or Provincial. The Company undertake to construct the line in a style equal, if not superior, to any other in New Zealand —an undertaking which there is good reason to believe will be fully complied with. As already communicated to you by telegram, I have only to add that the proposed railway is one of very great public importance to the population of Dunedin in a sanitary point of view, and to a large number of residents on the Otago Peninsula in various respects. I would therefore repeat the expression of my hoj>e that the Colonial Government may comply with the request which has led to this correspondence. I have, &c, J. Macandrew, The Hon. the Colonial Secretary. Superintendent of Otago.
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No. 11.
The Secretary, Ocean Beach Railway Company, to the Hon. the Colonial Seceetabt. Sir, — Temple Chambers, Dunedin, 20th January, 1875. Under and in pursuance of section 5 of " The Railways Regulation and Inspection Act, 1875," I have the honor, on behalf of the proprietors, to give you notice of the intention of the Dunedin, Peninsula, and Ocean Beach Eailway Company, Limited, to open, on the 23rd day of March next, that portion of the line of railway now being constructed by the said Company, and extending from Dunedin to the Ocean Beach and Forbury, for the public conveyance of passengers; and also to give notice, that, in the opinion of the proprietors, the aforesaid portion of the said railway will be, prior to that date, sufficiently completed for the safe conveyance of passengers and ready for inspection^: and I have the honor to request that the said portion of the said railway be inspected before the said twenty-third day of March next. I have, &c, J. B. Bbadshaw, Interim Secretary, D. & P. 0. B. Co. Limited. The Hon. the Colonial Secretary, Wellington.
No. 12. The Seceetaet, Ocean Beach Eailway Company, to the Hon. the Cohmissioneb of Customs. (Telegram.) Dunedin, 26th January, 1875. In re rails.—No definite answer yet received. "Work at standstill in consequence. Surely this is a small matter for you to put straight. Hon. W. H. Eeynolds, Government Buildings. J. B. Bbadshaw.
No. 13. The Hon. the Commissionee of Customs to the Seceetaet, Ocean Beach Eailway Company. (Telegram). Wellington, 26th January. The whole question, although it may appear to you so very single, involves matters for grave consideration, which, when dealt with, will form precedent. The papers are now before the Attorney-General, and the question will be submitted by Hon. Mr. Eichardson to Cabinet in a day or two. J. B. Bradshaw, Dunedin. W. H. Eeynolds.
No. 14. Memoeandum from the Attoeney-Geneb&l to the Hon. the Minister for Public Wobks. I have read these papers. The parties seem to be acting in ignorance or disregard of many matters which I should have thought would have prevented any attempt to construct the railway without the authority of the General Assembly. The Government has not any authority for selling or lending rails or other things purchased with moneys voted by Parliament for construction of colonial railways. No doubt the Government may do so, trusting to obtain the sanction of the General Assembly hereafter. But the Government does not appear to have been informed as to the terms upon which the Company desires to be allowed to use the part of the colonial line. Clearly the Superintendent has not power to enter into any arrangement. Any arrangement, moreover, should be subject to ratification by the General Assembly. Again, it seems to have been assumed that a company of persons registered under the Joint Stock Companies Act may lawfully and without objection construct and use a railway with locomotive engines, without authority of Parliament, if the owners of land are willing to convoy the land for the purpose. This is erroneous. The registered company cannot, without express authority of the General Assembly, hold land. It cannot, without express authority of the General or Provincial Government, run the railway on the high road. I do not know under what authority the Superintendent affects to permit the Company to take land below high watermark. If that land has been granted to him, he cannot part with it without an Act of the Provincial Council, either reserved for the assent of the Governor, or the operation of which is suspended for three months in order that the Governor may have time to consider it. The use of locomotives on or near a high road is a nuisance, unless such use is expressly sanctioned by law. It is true that this proposed line is subject to inspection under the Act of 1873 ; but is it proper that any implied sanction should be given to the construction of railway except subject to the provisions of the Eailways Clauses Act or similar provisions? 'It is clear that a railway is such a dangerous mode of travelling that it cannot be safely used unless it is subjected to special laws and regulations: hence the provisions of the Eailways Clauses Act, and also by-laws for preventing certain acts of commission or omission by railway officers and passengers. If the Government impliedly or expressly lends its sanction to the construction and use of this railway without legislative authority, is not the free action of the Legislature impeded in afterwards restricting or prohibiting the use of the railway?
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Again, the proposal that the Company is to reclaim land for stations, &c, has not, I believe, been approved by the Governor in Council under the Harbour Works Act of last Session. January, 1875.
No. 15. The Hon. the Colonial Seceetaex to His Honor the Supebintendent, Otago. Sib, — Colonial Secretary's Office, Wellington, 28th January, 1875. I have the honor to acknowledge the receipt of your letter of the 18th January, in reply to mine of 7th of the same month. As this is the first case that has occurred of a private Company having been started to construct a railway, and as it must more or less affect the Southern Trunk Line, and is, moreover, one which is only brought under the immediate notice of the General Government in order to obtain their assistance to enable the Company to construct its line more cheaply and cxpeditiously, tind to insure the early working of the railway by using the rolling stock and appliances belonging to the General Government, I have the honor to inform you that the Government consider this matter of so much importance— and the more so as, doubtless, the action taken in this case would be treated as a precedent—that they have submitted your Honor's letter and the correspondence on this subject to the Attorney-General, with a view of ascertaining how far the proceedings of the Company were within the law, and how far it would be safe to recognize the Company. They are advised, —That your Honor has no power to enter into any arrangement with the Company for working the railway, or for the use by the Company of any portion of the Government railways, and that, if the terms of any proposed arrangements for working the line as suggested by your Honor in the letter under reply should be approved by the General Government, they could only be so approved subject to ratification by the General Assembly, as at present the General Government have no power to make any such agreement. That the Company, although it may be registered under the Joint Stock Companies Act, has not the power to construct and use the proposed railway with locomotive engines without the authority of Parliament; and that the Company cannot hold land for such or any purpose without express authority of the General Assembly, nor can the Company, without the same authority or that of the Provincial Council, run the railway over or on any high road. That, if the land along the foreshore upon which your Honor states it is contemplated to construct the railway is land which has been granted to your Honor, then it will be necessary for the Company to obtain an Ordinance of the Provincial Council to enable you to part with it, which Ordinance would, in the ordinary course, be subject to the consideration of the Governor. That there must be by-laws and regulations for working the railway under some Act of the Legislature. Prom the above, it will be seen by your Honor that the Government are advised that it is necessary for the Company to obtain powers from the Legislature to enable it to carry out its proposals. After reading the above, I trust your Honor will agree with me that, unless the Company pledges itself to take the earliest opportunity to place itself in a legal position, it will be impossible for the Government to have any dealings with it, iinpliedly or expressly lending their sanction to the construction and use of the proposed railway without legislative authority. In any case, the Government have no legal authority to lend or sell the rails asked for by the Company; but taking into consideration the pressing request of your Honor to assist the Company on grounds of public utility, the Government will, if the Company pledge itself as above suggested, be prepared to meet your wishes and sell the Company the rails on the terms proposed in my letter of 7th January, and take immediate steps to replace them. I shall be obliged by your communicating the contents of this letter to the Company in order that it may see clearly the necessity for the position which the Government are obliged to maintain. I am glad to find that you have taken steps to provide the land which is necessary for the future widening of the trunk lino between Anderson's Bay Road and Rattray Street, Dunedin. I have, &c, His Honor the Superintendent of Otago, Dunedin. William H. Reynolds.
No. 16. The Secbetaet, Ocean Beach Kailway Company, to the Hon. the Commissioneb of Customs. (Telegram.) Dimedin, 28th January, 1875. Company will give cost price for rails and fastenings, with all charges added, rather than that further delay should take place. Formation of line to Ocean Beach is completed; the work is now standing still for want of rails. If Company cannot obtain rails from your Government, must send to Australian Colonies by steamer "Alhambra," and will probably be compelled to purchase from one of those colonies a6oor 70 lb. rail, which will entail great and unnecessary expenses to the Company. If you had not promised rails, they would have been ordered from elsewhere long ago. The necessary notices have been given, and the liue can without trouble be ready in March next, which without doubt will be a great boon to the public of Dunedin, and its efficiency will bear the strictest inspection. The Provincial Government have afforded every facility; and it is hoped that the Colonial Executive will not throw obstacles in the way of one of the most important undertakings affecting the citizens of Dunedin and suburbs. The Commissioner of Customs. J. B. Bbabshaw.
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No. 17. The Hon. the Commissioner of Customs to the Secretart, Ocean Beach Eailway Company. (Telegram.) Wellington, 29th January, 1875. Ee your telegram of yesterday, Ocean Beach Eailway. Colonial Secretary writes Superintendent to-day, and asks him to show letter to Company. From it you will see conditions on which Government is prepared to sell rails. J. B. Bradshaw, Esq. W. H. Eetnolds.
No. 18. His Honor the Superintendent, Otago, to the Hon. the Colonial Secretaet. (Telegram.) Dunedin, 2nd February, 1875. Contents of your letter, 28th January, have been communicated to P. and 0. B. Eailway Company, which has replied, pledging itself to fulfil all the obligations imposed in your letter. Copy of this reply will be sent by mail; meanwhile they ask that directions may be telegraphed for immediate delivery of rails and fastenings. The Hon. the Colonial Secretary, Wellington. J. Macandeew.
No. 19. His Honor the Supeeintendent, Otago, to the Hon. the Colonial Seceetaet. (Telegram.) Dunedin, 4th February, 1875. Have directions been telegraphed as to delivery of rails ? The Hon. the Colonial Secretary. J. Macandrew.
No. 20. The Hon. the Colonial Seceetaet to His Honor the Supeeintendent, Otago. (Telegram.) G.8., 4th February, 1875. Ministee for Public Works cannot give authority for sale of rails until the Company's letter is received, which will probably be in a few hours. W. H. Eetnolds, The Superintendent, Otago. (in absence of Colonial Secretary).
No. 21. His Honor the Superintendent, Otago, to the Hod. the Colonial Seceetaet. (Telegram.) sth February, 1875. Company's letter only posted to-day. I should have imagined that my official assurance by telegram, that letter guarantees to fulfil all the conditions imposed in your letter to me of 28th January, might have- satisfied you that it was so; as it is, I am at a loss to understand the position taken up by the Colonial Government in this matter. The Hon. the Colonial Secretary. J. Macandeew.
No. 22. His Honor the Superintendent, Dunedin, to the Hon. the Colonial Seceetaet. (Telegram.) sth February, 1875. Following is verbatim copy of Company's letter posted to-day : — " Sie, — " Temple Chambers, Dunedin, Ist February, 1875. " I have the honor to acknowledge the receipt of a copy of a letter from the Hon. the Colonial Secretary to your Honor, dated the 28th ultimo, relative to the Dunedin, Peninsula, and Ocean Beach Eailway. I beg to inform your Honor that my directors having taken into consideration the letter above referred to, have directed me to convey to your Honor the information that the Company pledges itself to take the earliest opportunity to place itself in every respect in the most complete legal position that it possibly can, both with the Provincial and Colonial Legislatures. I have therefore to solicit that your Honor will notify to the Hon. the Colonial Secretary the intention of the Dunedin, Peninsula, and Ocean Beach Eailway Company (Limited) to fulfil all the obligations imposed on it by the Colonial Executive, and I have also to solicit that your Honor will be good enough to telegraph to the Hon. the Colonial Secretary, so that further delay may be avoided, requesting that the rails and fastenings asked for may be delivered at once, in order to enable the Company to proceed with its undertaking.—l have, &c, J. Q-. Beadshaw, Sec. P. and O. B. E. Co." Dunedin, 1.37 p.m. J. Macandeew.
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No. 23. The Hon. the Minister for Public Woeks to His Honor the Superintendent, Otago. (Telegram.) "Wellington, 6th February, 1875. In reply to your telegrams re proposed sale of rails to the Peninsula and Ocean Beach Eailway Company, in explanation of supposed delay, I have to state the Government have been making inquiries as to what rails can be handed over to the Company, but, owing to the absence of Mr. Blair from Dunedin, they have not received the necessary information. In the meantime, the Company have, through their Secretary, given notice, under the Act, for the inspection of the railway for passenger traffic before the 23rd March. Before completing the proposed sale, and making any arrangement for the Company to join on to and use the main line, the Government must have the proposals of the Company, including the plans and proposed Bill, submitted for approval. You will see the absolute necessity for this, because of the many conditions affecting public policy which require to be inserted in every private Eailway Act, such as, for instance, the terms on which the Government may take over the line, if it sees fit to do so at any time. These matters are of so much importance that they cannot be decided without due consideration; and the Company have no cause to complain, seeing that they have not taken any steps whatever, previously to their commencing their operations, to put themselves in a legal position to construct their line, and have further commenced work, acting as if they had powers which even the Government itself does not possess. Edwaed Eichaedson. His Honor James Macandrew, Dunedin.
No. 24. His Honor the Superintendent, Otago, to the Hon. the Colonial Seceetabt. Province of Otago, New Zealand, Sie, — Superintendent's Office, Dunedin, sth February, 1875. I have the honor to acknowledge the receipt of your letter of 28th Januai'y, relative to the Peninsula and Ocean Beach Eailway. As the questien raised by you involves considerations of much magnitude and importance, as bearing upon the interests of those districts which are prepared to construct railways for themselves, I shall do myself the honor shortly to reply to your letter at some length. In the meantime I have to state that a copy of your letter was submitted to the Peninsula and Ocean Beach Railway Company, and enclosed herewith is their reply, which I trust will result in their obtaining the rails and fastenings referred to. I have, &c, J. Macandeew, The Hon. the Colonial Secretary, Wellington. Superintendent of Otago.
Enclosure to No. 24. The Secretary, Ocean Beach Eailway Company, to His Honor the Sijpeeintendent, Otago. Sik, — Temple Chambers, Dunedin, Ist February, 1875. I have the honor to acknowledge the receipt of a copy of a letter from the Hon. the Colonial Secretary to your Honor, dated the 28th ult., relative to the Dunedin, Peninsula, and Ocean Beach Eailway. I beg to inform your Honor that my Directors, having taken into consideration the letter above referred to, have directed me to convey to your Honor the information that the Company pledges itself to take the earliest opportunity to place itself in every respect in the most complete legal position that it possibly can, both with the Provincial and Colonial Legislature. I have, therefore, to solicit that your Honor will notify to the Hon. the Colonial Secretary, the intention of the Dunedin, Peninsula, and Ocean Beach Eailway Company (Limited), to fulfil all the obligations imposed on it by the Colonial Executive ; and I have also to solicit that your Honor will be good, enough to telegraph to the Hon. the Colonial Secretary, so that further delay may be avoided. Eequesting that the rails and fastenings asked for may be delivered at once, in order to enable the Company to proceed with its undertaking, I have, &c, J. B. Beadshaw, Int. Sec. D. P. and 0. B. E. Co. His Honor James Macandrew, Esq., Superintendent of the Province of Otago, Dunedin.
No. 25. Mr. James Smith to the Hon. W. H. Eeynolds. (Telegrams.) Dunedin, Bth February, 1875. Gbeat surprise and disappointment felt that your influence as a Minister cannot accomplish so small an object as the purchase of a few tons of rails. The railway could easily be opened for March Races if the rails were delivered at once. The Hon. W. H. Eeynolds. James Smith.
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No. 26. The Secretary, Ocean Beach Eailway Company, to the Hon. the Commissioner of Customs. (Telegram.) Dunedin, Bth February, 1875. Have seen telegram o£ the 6th to Superintendent from Minister of Public Works, which nullifies promise made in your letter of the 29th ultimo. The Company have already undertaken to fulfil all the conditions imposed in your letter of 28th January. Company have purchased all necessary lands, and any land vested in Superintendent, and which railway occupies, use of same has been given on terms satisfactory to Provincial Government. Company do not particularly wish to use any portion Clutha line, except that it would so far allow Company to open line sooner for traffic. The Company will at once make their own line into their own terminus, and believe they can do so and have it open for traffic, and keep faith with the public, who have been led to believe that it would be opened in March. Mr. Blair has stated that the Government have plenty of rails which they will not require for some considerable time. This being so, Company is prepared to purchase, with all costs and charges added, as per your letter of the 7th January. Company will come under any obligations to obtain whatever powers are required from the Legislature at its next meeting. Will you kindly wire if rails can bo spared immediately? The Hon. W. H. Eeynolds, Public Buildings, Wellington. J. B. Bradshaw.
No. 27. The Hon. the Commissioner of Customs to James Smith, Esq., Solicitor, Dunedin. (Telegram.) Government Buildings, 10th February, 1875. While I regret that great surprise and disappointment are felt with regard to myself in connection with the Ocean Beach and Peninsula Eailway, yet I cannot use my influence as a Minister to do anything which is deemed to be against the public interest. I am satisfied that the propositions of the Hon. the Minister for Public Works are not unreasonable, and are absolutely necessary in the interest of the public ; and in this, Cabinet agrees. Jas. Smith, Esq., Solicitor, Dunedin. William H. Eeynolds.
No. 28. The Hon. the Commissioner of Customs to the Secretary, Ocean Beach Eailway Company. (Telegram.) Wellington, 10th February, 1875. 54. Every step taken by Hon. Minister for Public Works re Ocean Beach and Peninsula Eailway has been first considered by Cabinet, and no deviation can bo made from the conditions he has enjoined. In sanctioning the construction of private railways, it is the duty of the Government to make every provision for the protection of the public interest, and we are advised that the course now proposed is essential to that end. J. B. Bradshaw, Esq., M.H.E., Dunedin. William H. Eeynolds.
No. 29. His Honor the Superintendent, Otago, to the Hon. the Minister for Public Works. (Telegram.) Dunedin, 10th February, 1875. Have sent copy of your telegram to Eailway Company, who will communicate direct. Much as the ground taken up by you in this matter may seem to you imperative, I cannot but regret that it casts a damper upon private enterprise, and tends to discourage not only this enterprise but several others of a similar kind now in progress throughout the province. Many districts would provide themselves with local railways could they do so without encountering official obstruction. Provincial Government, which is specially charged with watching over interests of province, will take care to grant no concession which it cannot legally confer, or excepting on such conditions as public policy requires ; and in approving of the use of the main line being granted for a time, it would be on terms highly beneficial to the latter, in a revenue point of view. Of course, if your concurrence is withheld, Company must run into its own terminus before the public can have benefit of its operations. I think it right to state that I have no pecuniary interest whatever in the undertaking, although lam greatly interested in having railway running through Peninsula, where I reside. Seeing that colony declines, and that province is not permitted to borrow to make branch lines, it seems to me that every encouragement and facility ought to be hold out to those who are prepared to do so. Hon. E. Eichardson, Wellington. J. Macandeew.
No. 30. The Hon. the Minister for Public Woeks to His Honor the Superintendent, Otago. (Telegram.) Wellington, 11th February, 1875. Although your telegram of yesterday does not require an answer, I nevertheless think it is only just to the G-overnment to say that they have offered no obstruction to the Ocean Beach Railway. It was not until the Company applied for a loan of rails, and gave notice of their intention to open the line for passenger traffic, that the Government was obliged to request the Company to comply with the requirements of the law as it stands to prevent future difficulties which must arise should they omit to do so.
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The same legislation which is required to enable either Government to arrange terms with the Company for working would be required by the Company to enable them to carry on their operations, and lam therefore at a loss to understand what your Honor alludes to as an official obstruction. The General Government are, and have always been, willing to do anything in their power to encourage private enterprise, but such enterprise must be under the sanction of the law. The Superintendent, Otago. Edward Eichaedson.
No. 31. His Honor the Supeeintendent, Otago, to the Hon. the Minister for Public Woeks. (Telegram.) Dunedin, 12th February, 1875. Telegeam received. Have no desire to prolong discussion, which would not have occurred had Commissioner of Customs not definitely pledged himself, as I am informed, to procure loan of rails, which he stated were not otherwise required for twelve months. Subsequently Cabinet declined to implement this pledge, but agreed to sell rails on Company undertaking to fulfil certain conditions, which undertaking was at once fully and unreservedly given. Since this was done additional objections have been started; hence my use of the expression you take exception to. I should not have troubled you in this matter at all had not the Government referred it to me in the first instance. As it is, I have been placed in somewhat awkward position, as but for the assurance conveyed through me that rails would be sold on conditions referred to, Company allege they could have procured them from Tasmania a month earlier than they can now do. I rather think the Company's solicitor advises them to come under provisions Tramways Act, seeing that all local authorities herein referred to are strongly in favour of undertaking. Eequisite to enable population of Dunedin to travel by rail to Ocean Beach and Peninsula, according to law, will be your sanction under section 9 of said Act. The Hon. E. Eichardson, Wellington. J. Macandeew.
No. 32. The Hon. the Commissioneb of Customs to His Honor the Superintendent, Otago. (Telegram.) '^Wellington, 15th February, 1875. Me. Bichaedsoit has shown me your telegram of Friday, wherein you state : " Had Commissioner of Customs not definitely pledged himself, as lam informed, to procure loan of rails, Ac." Now I distinctly say I gave no such pledge. Messrs. Proudfoot and Bradshaw handed me a letter, as I got on the Dunedin Eailway platform on my way hither. I hastily glanced at it, and after a word or two with them, used words to the effect that, as Messrs. Blair and Conyers had told them the rails could be spared, I personally did not see any difficulty in complying, and that on my arrival here I would lay their applications before the Government. After going fully into the case since my arrival here, I thoroughly indorse the action that has been taken by Government in the public interest. His Honor the Superintendent, Dunedin. Wm. H. Eeynolds.
No. 33. The Secbetabt, Ocean Beach Eailway Company, to the Hon. the Ministee for Public Woees. (Telegram.) Dunedin, 15th February, 1875. Is Company to abandon all hopes of getting rails as promised in Colonial Secretary's letter to Superintendent, 28th January, after fulfilling all conditions in that letter ? The Hon. E. Eichardson, Wellington. J. B. Bradshaw.
No. 34 The Hon. the Minister for Public Woeks to the Seceetaey, Ocean Beach Eailway Company. (Telegram.) Wellington, 16th February, 1875. In reply to your telegram of to-day, I have to state that the Government do not in any way depart from their decision, as expressed in my telegram to His Honor of the 6th instant, to sell the three miles of rails; but, as I then stated, the Government are advised that the Company must have an Act of the Legislature to enable them to proceed with their undertaking, and the Government must have full details as to the proposals of the Company, and the Bill which it is proposed to introduce, before giving any further expression of opinion on the subject. I can only repeat that any assistance which the Government can render they are prepared to give to the Company, so long as the existing laws are complied with. J. B. Bradshaw, M.H.E., Dunedin. Edward Eichaedsos-.
No. 85. The Seceetaey, Ocean Beach Eailway Company, to the Hon. the Minister for Pttblic Woeks. (Private.) Temple Chambers, Dunedin, 17th February, 1875. Mt deab Kichardson, —In reply to your telegram of yesterday's date, in re rails, I beg to say that the Dunedin, Peninsula, and Ocean Beach Eailway Company began their undertaking believing that it had sufficient legal authority, and the matter was concurred "in by the Provincial authorities. 2—E. 4b.
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The Company also fully believed that you would have either sold or lent it sufficient rails to mako a line to the Ocean Beach, because your colleague (Mr. Reynolds), in my presence, and that of Mr. Gf. W. Eliott, Mr. D. Proudfoot, Mr. Turnbull, and others present at the time, distinctly made a promise, without any reservation, that the Company should have the rails; and further because an express promise is made to sell the rails in the Colonial Seeretary'3 letter to the Superintendent, dated the 28th January, on condition of the Company giving certain pledges, which pledges were given by the Company's letter, dated Ist February, 1875. The Company, having relied upon the word given by your colleague, did not take any action in order to procure rails elsewhere. I am, &c, The Hon. the Minister for Public Works. J. B. Bhadshaw. P.S. —I have marked this letter " Private," but you are at liberty to make its contents public if you wish.—J. B. B.
No. 36. His Honor the Superintendent, Otago, to the Hon. the Commissioner of Customs. (Telegram.) Dunedin, 17th February, 1875. Re Rails, —There must be a great mistake somewhere: some half-dozen gentlemen of credibility positively assert that in their hearing you pledged yourself that rails should be lent. Tour words to Bradshaw were, " Tou may consider that you have got them." Probably it was an after-dinner speech. The Hon. W. H. Reynolds, Wellington. J. Macandrew.
No. 37. The Hon. the Commissioner of Customs to His Honor the Superintendent, Otago. (Telegram.) Government Buildings, 17th February, 1875. lie Rails, —Tour " half-dozen gentlemen of credibility " must be mistaken. Had I said so, I would then and there have given Mr. Blair instructions to deliver the rails. There is, however, no difficulty in Company getting the rails. But you will see from previous correspondence that, supposing they are laid from Anderson's Bay road to the Ocean Beach, before the Company can use any passenger traffic or touch the main line they must have an Act of the Legislature. His Honor the Superintendent, Dunedin. William H. Reynolds.
No. 38. The Secretary, Ocean Beach Railway Company, to the Hon. the Commissioner of Customs. (Telegrams.) Dunedin, 18th February, 1875. Have seen your last telegram to Superintendent. In it you deny having made a promise that Company should have rails. You must remember Mr. Proudf oot's reading the letter of the 29th December at Railway Station to you, and after you had ascertained from Mr. Blair, who was on the platform, that Government had plenty rails to spare, you made a distinct promise, without any reservation, that the Company should have the rails. This promise was made in the presence of myself, Messrs. Eliott, Turnbull, Conyers, and D. Proudfoot. These gentlemen arc ready to verify what I have herein stated. Hon. W. Reynolds, Grovernment Buildings. J. B. Beadsuaw.
No. 39. The Hon. the Commissioner of Customs to Secretary, Ocean Beach Railway Company. (Telegram.) Government Buildings, "Wellington, 19th February, 1875. Ail I can say is that if I used any words which led the gentlemen you name to infer that I promised more than I have already stated in my telegrams, I regret that they should have misunderstood me. AVhile I was and am favourable that the Government should give every facility consistent with the protection of the public interests and the law of the colony to such an undertaking, yet I had no intention, in any remarks I made on the Railway platform in the bustle of leaving, to convey any such meaning as you seem to have put upon them. J. B. Bradshaw, Dunedin. William H. Reynolds.
No. 40. The Secretary, Ocean Beach Eailway Company, to the Hon. the Minister for Public Wobks. (Private.) Temple Chambers, Dunedin, 20th February, 1875. Mt dear Richardson, —On the 17th instant, I addressed you relative to the Dunedin, Peninsula, and Ocean Beach Eailway Company in re the rails. I stated then that Mr. Keynolds had promised the rails to the Company in the presence of certain gentlemen, whose names I mentioned in that letter. I have now to add the name of Mr. Conyers, who was also present at the time. Since writing that letter, I have seen a telegram to the Superintendent, in which Mr. Reynolds denies ever having made a promise that the rails should be sold or lent to the Company. I have telegrajihed to Mr. Reynolds about it, and I enclose a copy of that telegram. To my telegram Mr. Reynolds replies, and regrets that the
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six gentlemen should have misunderstood him. To me, there seems to be nothing but misunderstandings with the Colonial Executive from beginning to end. Ever since the first letter was written to the Colonial Secretary (28th December, 1874), the Company and the Colonial Government seem to be at cross purposes. The Colonial Government infer that the Company rushed into the making of the railway without any consideration, or without consulting the public interest. Such is not the case. Long before any attempt was made to turn a sod, the promoters of the Company had communicated with the Provincial authorities, and with the owners of private property through whose land the railway would pass over. The private owners of property have either given their land free to the Company or have been paid for it. The Provincial Government give only the use of land to the Company, which land the Company have reclaimed or will have to reclaim. For these small concessions from the Provincial authorities the Government have retained the right to approve, from time to time, of the Company's tariff of charges. The piiblic interest, therefore, has been cared for and looked after by the Provincial authorities. I stated that there have been misunderstandings with the Colonial Executive. The first was with Mr. Eeynolds, when he made a promise which five or six gentlemen are prepared to verify. The second is with the Colonial Secretary in his letter to the Superintendent, dated the 28th January, 1875. In that letter there is a distinct promise made to sell the rails, if the Company would pledge itself to obtain the necessary powers from the Legislature to enable it to carry out its proposals. The Company having given the pledges (in their letter to the Superintendent, Ist February,) asked for by the Colonial Secretary (28th January), you make further demands in your telegram to the Superintendent dated 6th February, 1875. My principal reason for writing this letter is to beg of you to be good enough to read the Hon. the Colonial Secretary's letter of the 28th January. Leaving out the promise made by Mr. Eeynolds, I think you will agree with me that the Colonial Executive is under an obligation, by that letter, to lend or sell the rails to the Company, seeing that the Company gave unreservedly the pledges which were demanded of it as the condition for getting the rails. I have, &c, J. B. Beadshaw. P.S. —I have to add that the Directors of the Dunedin, Peninsula, and Ocean Beach Eailway Company, Limited, are willing that the Colonial Government should prepare the necessary Bill to enable the Company to carry on its operations, feeling confident that the Legislature will act justly towards the Company. I have also to add that you can make this letter official if you think fit. The Hon. E. Eichardson, Wellington. J. B. Beadshaw.
No. 41. The Secbetaey, Ocean Beach Eailway Company, to the Hon. the Minister for Public Wobks. Sie, — Temple Chambers, Dunedin, 20th February, 1875. With reference to my private letter to you of this day's date, in re rails, and the Dunedin, Peninsula, and Ocean Beach Eailway Company, Limited, I have now the honor, by desire of the Directors of the above Company, to forward herewith to you the articles of association of the said Company, together with a.Bill to be submitted to next sitting of Parliament for its approval. The conditions and regulations for working the railway, and other matters, have been left to be filled up by your Government, believing that the Legislature will not impose conditions on the Company which would be unjust or unfair to it. If required, the necessary plans will be sent on without delay. I have now the honor to request that instructions may be given for the delivery of the rails to the Company, in order that the work may be proceeded with. I have, &c, The Hon. the Minister for Public "Works, Wellington. J. B. Bbadshaw.
Enclosure 1 in No. 41. Aeticles of Association of the Dunedin, Peninsula, and Ocean Beach Bailway Company, Limited. It is agreed as follows : — The following stall be the regulations of the above-named Company, which is hereinafter referred to as " the Company." Peeliminaet. 1. The regulations contained in Table B annexed to " The Joint Stock Companies Act, 1860," shall not apply to this Company. 2. In the interpretation of these presents, the "following words and expressions have the following meanings, unless there is something inconsistent in the context: — (a.) "The Statutes" means and includes the Companies Acts, 1860, 1862, 1868, and 1869, and any and every other Act from time to time in force concerning Joint Stock Companies and necessarily affecting the Company. (1.) " These presents " means and includes the memorandum of association of the Company, and these articles of association and the regulations of the Company from time to time in force, (c.) " Special resolution " means a special resolution of the Company passed in accordance with section 3 of " The Joint Stock Companies Amendment Act, 1869," or any statutory provision from time to time in force in lieu of that section,
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(d.) " Capital " means the capital from time to time of the Company, (e.) "Shares " means the shares from time to time of the capital. (/!) " Registered shareholders " means the names of the holders of shares who for the time being are entered in the register of the Company according to the statutes and these presents. (y.) " Registered members " means the holders of such shares. (h.) "Directors" means the Directors from time to time of the Company; or, as the case may be, the Directors assembled at a Board. (i.) " Auditors," " Secretary," mean those respective officers from time to time of the Company. (j.) " Ordinary meeting," means an ordinary general meeting of the Company duly called and constituted, and any adjourned holding thereof. (k.) " Extraordinary meeting " means an extraordinary general meeting of the Company duly called and constituted, and any adjourned holding thereof. (1.) " General meeting " means an ordinary meeting or an extraordinary meeting. (m.) " Board " means a meeting of the Directors duly called and constituted; or, as the case may be, the Directors assembled at a Board. («.) " Office " means the registered office from time to time of the Company in Dunedin. (o.) " Seal" means the common seal from time to time of the Company. (j>.) " Month " means calendar month. (q.) Words importing the singular number only include the plural number. (r.) "Words importing the plural number only include the singular number, (s.) Words importing the masculine gender only include the feminine gender. (t.) Worda signifying persons shall apply to corporate bodies mutatis mutandis. Registee of Shabeholdees. 3. The Company shall keep a register of shareholders at the registered office of the Company in Dunedin, and such register shall contain the following in addition to any other particulars which the Directors may consider expedient: — (a.) The name and address and the occupation (if any) of, and the number of shares held by, each shareholder, distinguishing each share by a separate number. (b.) The amount paid upon each share. (c.) The date at which the name of any person was entered in the register of shareholders as a shareholder. (d.) The date at which any person ceased to be a shareholder in respect of any share or shares. 4. The register of shareholders, except when closed as hereinafter mentioned, shall, during business hours, but subject to such reasonable restrictions as the Company in general meeting impose, be open to the inspection of any shareholder in the Company. 5. The register of shareholders shall be evidence of any matter directed by these articles to be inserted therein. 6. No notice of any trust, express, implied, or constructive, shall be entered on the register of shareholders or be receivable by the Company, and every person who has accepted a share and whose name ia entered on the said register of shareholders, and no other person, shall be deemed to be a shareholder in the Company. Shares. 7. An application signed by or on behalf of any applicant for shares in the Company, shall, if an allotment of shares be made thereon, be an acceptance of shares within the meaning of these articles; and every person to whom such allotment shall be made shall be entered upon the register of shareholders, and be a shareholder for the number of shares for which he shall be so entered. Shares may be allotted to or acquired by copartnerships. 8. The capital of the Company shall be payable as follows, that is to say, — Five shillings (55.) per share shall be paid by each intending shareholder upon his application in writing to the Company for shares; a further sum of five shillings (55.) per share upon allotment of shares to each applicant, or such sum as together with the said ss. per share paid upon application as aforesaid shall make up the sum often shillings (10s.) per share upon the number of shares actually allotted to each applicant; and such portion of the balance of four pounds ten shillings (£4 10s.) per share as may be required, by calls of ten shillings (10s.) per share at intervals of not less than three months, such calls to be made from time to time by the Directors of the Company by giving to the shareholders not less than three months' notice of each of the said calls, which shall be payable at such times and places and to such persons as shall be mentioned in such notice or notices. 9. If before or on the day appointed for payment any shareholder does not pay the amount of any call to which he is liable, then such shareholder shall be liable to pay interest for the same at the rate of ten pounds (£10) per contum per annum from the day appointed for the payment thereof to the time of the actual payment. 10. The Company may, if they think fit, receive from any of the shareholders willing to advance the same, all or any part of the moneys due upon the respective shares, beyond the sums actually called for ; and upon the moneys so paid in advance, or so much thereof as from time to time exceeds the amount of the Calls then made upon the shares in respect of which such advance has been made, the Company may pay interest at such rate as the shareholder paying such sum or sums in advance and the Company may agree upon. 11. If several persons are registered as joint holders of any share, any one of such persons may give effectual receipts for any dividend payable in respect of the share.
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Transfer op Shakes. 12. The instrument of transfer of any share in the Company shall be executed both by the transferor and the transferee, and the transferor shall be deemed to remain the holder of such share until the name of the transferee is entered in the proper register in respect thereof. 13. Shares may be transferred in the following form, or to the like effect: — I, , of , in consideration of the sum of paid to me by , do hereby transfer to the said shares numbered in" The Dunedin, Peninsula, and Ocean Beach Eailway Company, Limited," standing in my name in the books of the aforesaid Company: To hold unto the said , his executors, administrators, and assigns, subject to the several conditions on which I hold the same at the time of the execution hereof. And I, the said , do hereby agree to take the said shares, subject to the conditions aforesaid. As witness our hands, the day of 14. The Company may decline to register any transfer of shares made by a shareholder who is indebted to them. 15. Every shareholder shall be entitled to a certificate under the common seal of the Company, specifying the share or shares held by him and the amount paid up thereon; and upon any transfer of shares, the sum of two shillings and sixpence shall be payable to the Company. 16. If such certificate is worn out or lost, it may be renewed on payment of the sum of two shillings and sixpence for each certificate. 17. The transfer books shall be closed during the two weeks immediately preceding the ordinary general meeting in each year. Transmission of Shades. 18. The executors or administrators of a deceased shareholder shall be the only persons recognized by the Company as having any title to his share. 19. Any person becoming entitled to a share in consequence of the death, bankruptcy, or insolvency of any shareholder, or in consequence of the marriage of any female shareholder, or in any other way than by transfer, may be registered as a shareholder upon such evidence being produced as may from time to time be required by the Company. 20. Any person who has become entitled to a share in any other way than by transfer, may, with the consent of the Board, instead of being registered himself, elect to have some person to be named by him registered as a holder of such share. 21. The person so becoming entitled shall testify such election by executing to his nominee a deed of transfer of such share. 22. The deed of transfer shall bo presented to the Company, accompanied with such evidence as they may require to prove the title of the transferor, and thereupon the Company shall register the transferee as a shareholder. Forfeiture of Shares. 23. If any shareholder fails to pay any call due on the appointed day, the Company may at any time thereafter, during such time as the call remains unpaid, serve a notice on him requiring him to pay such call, together with any interest that may have accrued by reason of such non-payment. 54. The notice shall name a further day and a place or places, being a place or places at which calls of the Company are usually made payable, on and at which such call is to be paid. It shall also state that, in the event of non-payment at the time and place appointed, the shares in respect of which such call was made will be liable to be forfeited. 25. If the requisitions of any such notice as aforesaid are not complied with, any share in respect of which such notice has been given may be forfeited by a resolution of the Board to that effect: Provided that no share shall be forfeited, unless the call due in respect thereof shall be at the least three months in arrears. 26. Any shares so forfeited shall be deemed to be the property of the Company, and may be disposed of in such manner as the Company thinks fit. 27. Any shareholder whose shares have been forfeited shall notwithstanding be liable to pay to the Company all calls and interest thereon owing upon such shares at the time of forfeiture. Business. ' 28. The business of the Company shall comprise all the business mentioned or included in the memorandum of association, and all incidental matters, and may be commenced and carried on as soon as the Board think fit, and notwithstanding the whole of the capital may not have been subscribed. 29. The business shall be carried on by or under the management of the Directors, and according to such regulations as the Board from time to time prescribe, subject only to such control of general meetings as is provided for by these presents. 30. No person except the Directors and other persons thereunto expressly authorized by the Board, and acting within the limits of the authority conferred on them by the Board, shall have any authority to make, accept, or indorse any promissory note or bill of exchange or other negotiable instrument on behalf of the Company, or to enter into any contract so as to impose thereby any liability on the Company, or otherwise to pledge the credit of the Company. Capital. 31. The Company may, by special resolution, increase its capital.
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32. The Company may, by special resolution, from time to time consolidate the capital, or any part thereof, into a smaller number of shares, or convert all or any of its paid-up shares into stock. 33. The Company may from time to time, by special resolution, so far modify the conditions contained in the memorandum of association as to reduce its capital. 34. The Company may from time to time, by special resolution, so far modify the conditions of its memorandum of association as by subdivision of its shares, or any of them, to divide its capital, or any part thereof, into shares of smaller amount than is fixed by the memorandum of association, provided that in the subdivision of the shares the proportion between the amount which is paid and the amount (if any) which is unpaid on each share of reduced amount shall be the same as it was in the case of the existing share from which the share of reduced amount shall be derived. G-enerai, Meetings. 35. The first ordinary general meeting shall be held within six months after the registration of the Company, at such time and place in Dunedin as the Board shall determine. Subsequent ordinary general meetings shall be held at such time and place in Dunedin as may be prescribed by the Company in general meetings ; and if no other time or place is prescribed, an ordinary general meeting shall be held on the second Monday in May and the second Monday in November in every year, at such place in Dunedin as may be determined by the Directors. 36. An extraordinary meeting shall be called by the Board upon any requisition in writing of shareholders holding in the aggregate not less than one-tenth part of the total number of shares issued ; provided such requisition state fully the object of the meeting, and be signed by the requisitionists, and be delivered to the Secretary or left at the office for the Board. 37. Whenever the Board neglect, for fourteen days after the delivery of such requisition, to call a meeting in accordance therewith, the requisitioniats or any other shareholders holding in the aggregate one-tenth part of the shares issued may call the meeting. If within half an hour from the time appointed for the meeting a quorum of shareholders is not present, the meeting, if convened upon the requisition of the shareholders, shall be dissolved. In any other case, it shall stand adjourned until the following week day, at the same time and place; and if at such adjourned meeting a quorum of shareholders is not present, it shall be adjourned sine die. 38. No business shall be transacted at any meeting except the declaration of a dividend, unless a quorum of shareholders is present at the commencement of such business, and such quorum shall consist of not less than one-third in number of the registered shareholders, who shall together hold or represent by proxy not less than one-third of the whole number of subscribed shares in the Company. 39. The Chairman, with the consent of the meeting, may adjourn any general meeting from time to time, and from place to place, and no business shall be transacted at any adjourned general meeting other than the business left unfinished at the general meeting from which the adjournment took place, or which might have been transacted at that meeting. 40. The Board calling any general or extraordinary meeting, and the shareholders calling any extraordinary meeting, shall, respectively, give at least seven days' and not more than fifteen days' notice of the meeting, exclusive of the day of giving notice, but inclusive of the day of meeting. 41. "Where any general meeting is adjourned for more than seven days, the Board shall give at least three days' notice of the adjourned meeting. 42. No business shall be transacted at any extraordinary meeting except such as has been specified in the notice convening it, unless seven days' previous notice be given of the intention of any shareholder to submit any resolution to the meeting beyond the matters contained in the notice given of such meeting. 43. Notice calling general meetings, or of their adjournment, shall be given by advertisement, or in any such other manner as may be prescribed by the Company. 44. The Board may, upon giving seven days' notice, call a general meeting for the purpose of passing a special resolution to alter or amend these presents. 45. The chairman (if any) of the Board shall preside as chairman at every meeting of the Company. If there is no such chairman, or if at any meeting he is not present at the time of holding the same, the shareholders present shall choose some one of their number to be chairman of such meeting. 46. At any general or extraordinary meeting, unless a poll is demanded by at least five shareholders, a declaration by the chairman that a resolution has been carried, and an entry to that effect in the book of proceedings of the Company shall be sufficient evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against such resolution. 47. If a poll is demanded in manner aforesaid, the same shall be taken in such manner as the chairman of any meeting directs, and the result of such poll shall be deemed to be the resolution of the Company in general meeting. Powees of General Meetings. 48. Any ordinary meeting, without any notice in that behalf, may elect Directors and Auditors, and may receive, and either wholly or partially reject or adopt and confirm the accounts, balance sheets, and reports of the Board and Auditors respectively, and may, subject to the provisions of these presents, generally discuss any affairs of or relating to the Company. 49. The Company may, in general meetings, from time to time, by special resolution, alter and make new provisions in lieu of or in addition to any regulations of the Company, whether contained in the articles of association or not. 50. The authority of general meetings from time to time by special resolution, to alter and make new provisions in lieu of or in addition to any of the regulations of the Company, shall extend to authorize every alteration whatsoever of these presents, except those provisions thereof which the statutes do not authorize the Company to alter, which excepted regulations shall accordingly be deemed the only fundamental and unalterable regulations of the Company.
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Procedure at General Meetings. 51. At every ordinary meeting at which any Directors are to retire from office, such retirement shall take effect on the dissolution of the meeting. 52. The first business at every general meeting after the chair is taken shall be the reading of the minutes of the then last general meeting; and if the minutes do not appear to have boon signed according to the statutes or these presents, they shall, on being found or made correct, be signed by the chairman of the meeting at which they are read. Voting at General Meetings. 53. On every question to be decided by poll, every shareholder present in person or by proxy, and entitled to vote, shall have one vote for every share up to five; he shall have an additional vote for the next five shares; and he shall then have an additional vote for every ten shares beyond the first ten shares up to three hundred, and an additional vote for every twenty shares held by him beyond three hundred shares. 54. If any shareholder is a lunatic or an idiot, be may vote by his Committee; and if any shareholder is a minor, he may vote by his guardian, or any one of his guardiaus, if more than one. 55. If one or more persons are jointly entitled to a share or shares, the person whose name stands first in the register of shareholders as one of the holders of such share or shares, and no other, shall be entitled to vote in respect of the same. 56. No shareholder shall be entitled to vote at any meeting unless all calls and interest (if any) due from him have been paid, nor until he shall have been possessed of his shares one calendar month, unless such shares shall have been acquired or shall have come by a bequest, or by marriage or by succession to an intestate's estate, or by any deed of settlement after the death of any person who shall have been entitled for life to the dividend of such shares. 57. Votes may be given either personally or by proxies. A proxy shall be appointed in writing under the hand of the appointer, or, if such appointer is a corporation, under the common or official seal of such corporation. No person shall be appointed a proxy who is not a registered shareholder, and the instrument appointing him shall be deposited at the registered office of the Company not less than twenty-four hours before the time of holding the meeting at which he proposes to vote; but no instrument appointing a prqxy shall be valid after the expiration of one month from the date of its execution. 58. The person in the chair at a general meeting shall, in every case of an equality of votes, on a poll or otherwise, have an additional or casting vote. Minutes op General Meetings. 59. Every entry in the minute book of the proceedings of general meetings purporting to be entered and signed according to the statutes or these presents shall, in the absence of proof to the contrary, be deemed to be a correct record and an original proceeding of the Company accordingly; and in every case the burden of proof of error shall be wholly on the person making any objection to the entry. Dibectobs. 60. The number of Directors shall be five, of whom three shall form a quorum. 61. A special general meeting of the Company shall be convened by the Secretary of the Company for the time being, and shall be held after the expiration of seven and not more than fifteen days from the date of registration of the Company ; at which meeting the first Directors of the Company shall be chosen, and they shall continue to hold office until the first ordinary general meeting of the Company. 62. The qualification of a Director shall be the holding of fifty shares at least of the Company, or share warrants or stock in the Company representing or equivalent to the said fifty shares. 63. At the first ordinary meeting, after the incorporation of the Company, the whole of the Directors shall retire from office ; and at the first ordinary meeting in every subsequent year, one-third of the Directors for the time being, or if their number is not a multiple of three, then the number nearest to one-third shall retire from office, and the meeting may re-elect them (if qualified) or elect qualified shareholders to supply their place. 64. If, at any meeting at which an election of Directors ought to take place, no such election is made, the meeting shall stand adjourned until the next week day at the same hour and place; and if at such adjourned meeting no election takes place, the former Directors shall continue to act until new Directors are appointed at the first ordinary meeting of the following year. 65. The Company may from time to time in general meeting increase or reduce the number of Directors and may also determine in what rotation such increased or reduced number is to go out of office. 66. Any casual vacancy occurring in the Board may be filled up by the Directors; but any person so chosen to act as a Director shall retain his office so long only as the vacating Director would have retained the same if no vacancy had occurred. Disqualification of Dibectobs. 67. The office of Director shall be revoked — (a.) If he shall hold less than fifty shares in the Company. (b.) If he holds any other office or place of profit under the Company. (c.) If he becomes bankrupt or insolvent. (d.~) If he is concerned in or participates in the profits of any contract with the Company. (e.) If he participates in the profits of any work done for the Company. (f.) If he shall be continuously absent from meetings of the Board during three consecutive months without the special leave of the Directors, to be recorded in their minute book. But the above rules shall bo subject to the following exceptions : —■ That no Director shall vacate his office by reason of his being a shareholder in any incorporated Company which has entered into contracts with or done any work for the Company
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of which he is a Director; nevertheless, he shall not vote in respect of such contract 01? work; and if he does so vote, his vote shall not be counted, and he shall incur a penalty not exceeding £20. Powers op Directors. 68. The Board shall manage and carry on the business of the Company, and may (subject to the regulations contained in these presents) exercise all such powers of the Company as are not by the statutes or by these presents required to be exercised by the Company in general meeting, and no special resolution shall invalidate any prior act of the Directors which would, but for such special resolution, have been valid. 69. Subject to, but without restraining the generality of the last preceding regulation, the Directors shall have power to do all acts and things which they may consider proper or advantageous for accomplishing the objects and carrying on the business of the Company, and in particular they shall have power to do all and every or any of the several matters and things following, that is to say),— (a.) To commence the business of the Company aa soon as they shall see fit. (J.) To purchase or rent such offices and premises as they may deem requisite for the business of the Company. (c.) To appoint and at pleasure to remove any manager, agents, officers, clerks, or servants, and at such salary, and upon such terms by way of commission or otherwise, as they may think proper. (d.) To acquire for the Company upon such terms in all respects as they may think fit all such freehold or leasehold lands and hereditaments, and make or enter into, execute, rescind, alter, or vary any purchases, leases, exchanges, contracts, and agreements of any kind, and whether relating to real or personal property, for all purposes in any way connected with the objects or business of the Company. (e.) To enter into such contract or several and distinct contracts with any person or persons, partnership, company, or association either in New Zealand or elsewhere, as the Board may deem expedient, for the construction and completion of the railway and works intended to be constructed and completed by the Company, or of any part or parts of such railway and works, and upon such terms and subject to such conditions as to payment to the contractors or otherwise as the Board may think fair and proper. (/!) To raise or borrow from time to time such sums of money as they may think expedient, and may secure the repayment of such sums by mortgages or sub-mortgages of any property (real or personal) belonging to the Company, or upon debentures or bonds or other securities of the Company, or by bills of exchange, promissory notes, or other negotiable instruments, and upon such terms as to the rate of interest or otherwise, and for such periods aa the Board may from time to time determine ; and such mortgages or other securities may contain such covenants, powers, and obligations as they may think expedient. (y.) To set apart from time to time out of any profits of the Company available for the purpose, such sums as in the judgment of the Board shall be necessary or expedient for the purpose of forming one or more reserve or depreciation funds, to be at the discretion of the Board applied in equalizing dividends, or upon new works, or upon keeping up, repairing, replacing, improving, extending, or increasing the Company's railways, buildings, works, plant, machinery, or fittings, or towards meeting ascertained or contingent claims, or on liabilities of the Company, and to invest all moneys carried to any reserve or depreciation funds, and also such parts of any other funds of the Company as may not be required for the immediate purposes of the Company, on such securities and on such terms as they may think fit, and from time to time to vary the investments thereof, and also at any time after the completion of the railways and works of the Company, and the redemption of any debentures or mortgage bonds that may have been issued by or on behalf of the Company; and if the Board shall consider it expedient so to do, to apply any part of the funds not so required as aforesaid in the purchase, for the benefit oi the Company, of any fully paid-up shares therein. (h.) The remuneration to the Directors shall be fixed by the Company in general meeting. Bonds and Debentures. 70. That all bonds or debentures which shall be made, given, or issued pursuant to any resolution authorizing the same passed at a Board meeting, and which shall be made, given, or issued under the seal of the Company, and signed by two of the Directors, and countersigned by the Secretary for the time being thereof, or other person duly authorized by tho Board in that behalf, shall be binding and conclusive on the Company and every shareholder therein.
Enclosure 2 in No. 41. An Act to give further Powers for enabling the Construction of the Dunedin, Peninsula, and Ocean Beach Eailway. Whereas a Joint Stock Company called the Dunedin, Peninsula, and Ocean Beach Railway Company (Limited) has been lately established in Dunedin under the Acts in force in the colony relating to Joint Stock Companies, and subject to the provisions and regulations contained in the memorandum and articles of association thereof, dated the twenty-seventh day of November, one thousand eight
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hundred and seventy-four: And whereas it is provided by such memorandum of association that the objects for which the Company is established, are — (a.) The acquisition by purchase or otherwise of land for the purposes of the said railway, (b.) The construction, completion, maintenance, and working of a line or lines of railway from Dunedin, in the Province of Otago, to the Ocean Beach, to Portobello, and to the Heads, in the same province, with all works, approaches, public and occupation road, bridges, and crossings, sidings, stations, workshops, fixed and rolling stock, and all other works and appliances which may be necessary for the construction and convenience and safe working of the said line or lines; and also all wharves, jetties, and other necessary erections for the purpose of enabling ships and vessels to load and discharge their cargoes, and land and take in passengers from and to such railway, and the doing of all such other things as are conducive or incidental to the attainment of the above objects, including power to borrow money on mortgages, bonds, or debentures: And whereas the making and maintaining a railway as aforesaid, and the construction of wharves, jetties, and other necessary erections for the purposes of the said railway as aforesaid, is an undertaking of a public nature of great utility and public advantage, and it is expedient that the said Dunedin, Peninsula, and Ocean Beach Railway Company (Limited) should be empowered to construct the railway specified in the said memorandum of association, and to acquire lands both above and below high watermark : Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: — 1. The short title of this Act shall be " The Dunedin, Peninsula, and Ocean Beach Eailway Act, 1875."
No. 42. The Hon. the Mijtistee for Public Woeks to the Seceetaet, Ocean Beach Eailway Company. Sie,— Public Works Office, Wellington, 26th February, 1875. I have to acknowledge the receipt of your letter, addressed to me officially, of 20th February, with its enclosures, as also two others of respective dates of 17th and 20th instant, which I can only deal with as public documents. With reference to the draft of the proposed Bill which you forwarded to me, I have to state that it only contains a recital of the objects the Company have in view, and that you appear to expect that the Government will prepare a private Bill for your Company. I regret to have to inform you that the Government cannot undertake a work of this nature; but on your having the Bill prepared as you intend to introduce it into the Assembly, the Government will be ready to consider it, and point out any alterations or additions they may think necessary. I cannot enter into the question as to the promise said to have been made by the Hon. Mr. Eeynolds, except to remark that Mr. Eeynolds has stated most positively that in anything he may have said on the railway platform, in the hurry of leaving Dunedin, he did not intend to convey any such promise as has been attributed to him, but only gave the reply which might naturally have been expected of any one situated as he was at the time —namely, that ho would do the best he could to forward the wishes of the Company. There really has been no difficulty raised as to the sale of the rails; but the intentions of*the Company having reached the Government, it was bound to take the steps it has, to warn the Company as to the illegality of the course it proposed taking, and also to intimate to it and to His Honor the Superintendent the steps which in the opinion of the Government had to be taken, to enable the Company to proceed with its undertaking in a legitimate manner. And I may here mention that as this is the first case of the sort which has occurred in New Zealand, it became the more necessary to deal cautiously with it, as any action taken with regard to this Company would be held as a precedent by other Companies who may have similar objects in view. I have now to state that if it is still the wish of the Company to have these three miles of rails and fastenings, I shall be prepared, on behalf of the Government, to give Mr. Blair instructions to deliver them over to the Company on his receiving payment in cash for them. But the Company must distinctly understand that the General Government cannot allow it to join their rails on to those of the main line, nor will the Government permit the line to be worked for passenger or other traffic with the appliances of the General Government, till such time as the Company have obtained the proper legislative authority to enable them to proceed. I have, &c, J. B. Bradshaw, Esq., M.H.E., Sec. D. P. and Edwaeh Eichaedson. 0. B. E. Co., Dunedin.
No. 43. The Seceetaet, Ocean Beach Eailway Company, to the Hon. the Ministee for Public Woeks. (Telegram.) Dunedin, Ist March, 1875. I have received your letter of 26th ultimo. The Directors of the Dunedin, Peninsula, and Ocean Beach Railway Company still wish to purchase three miles of rails and fastenings. "Will you therefore instruct Mr. Blair to deliver that quantity ou payment of cash for the same ? The Hon. E. Richardson, Government Buildings, J. B. Beadshaw. Wellington. 3—E. 4b.
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No. 44. The Hon. the Minister for Public "Works to the Secretary, Ocean Beach Railway Company. (Telegram.) Wellington, 2nd March, 1875. I>" replv to your telegram, I have to inform you that Mr. Blair will receive full instructions by next mail as'to deliyery for three miles of rails and fastenings, the cost of which will be, if delivered at Port Chalmers, £3,365; if in Dunedin, railway carriage added. J. B. Bradshaw, Esq., M.H.R., Dunedin. Edward Richardson
No. 45. The Hon. the Minister for Public "Works to the District Engineer, Dunedin. Sir,— Public "Works Office, "Wellington, 3rd March, 1875. I enclose a copy of a telegram, dated 2nd instant, to Mr. Bradshaw. As I am not aware whether it will be more easy for you to give delivery of the three miles of rails and fastenings from those stacked in Crawford Street, Dunedin, or on the wharf of Port Chalmers, the account will have to be amended in accordance with your decision in the matter, which you are authorized to do. Before any delivery is given or any of them allowed to be removed, you are to receive payment for the whole consignment, and pay the money into the account of the Eeceiver-General, advising him in the ordinary manner, and informing him that it is on account of sale of Dunedin and Clutha Railway material. As the Company have no legal powers whatever for the action they are taking, you, as representing the General Government, will have to be unusually careful on no account to do anything whatever which can in any way be held to recognize their action. On no account allow the Company through any of their agents to store their rails within our railway fences, or in any way to interfere on any lands which may belong to the General Government. And it will be your duty immediately, by wire, to inform me of any circumstances which may occur in connection with the action of this Company which you may consider will interfere with the free action of the Government or Legislature. The Provincial Government have no right whatever to allow any material, rolling stock, or anything whatever belonging to the railway now in their hands, which have been constructed or paid for by the General Government, to be used for any other purpose than that for which it has been supplied; and you will be good enough to take the earliest opportunity to advise me, if you find any such course adopted by the Provincial authorities. I have, &c, W. N. Blair, Esq., Dunedin. Edward Richardson. Note.—l enclose also a copy of the account you will have to render to the Company for three miles rails and fastenings —£3,357 9s. 4d. • Enclosure in No. 45. "Wellington, 3rd March, 1875. The Ocean Beach Railway Company Dr. to the General Government of New Zealand. Tons. cwt. lbs. £ a. £ s. d. Rails ... ... ... ... ... ... 188 12 56 at 11 10 = 2,169 3 9 Solo plates ... ... ... ... ... ... 716 7014 at 15 2= 118 5 0 Fang bolts ... ... ... ... ... ... 7 6 58-39 at 20 2= 146 10 4 Top clips ... ... ... ... ... ... 511 17-01 at 15 2= 83 18 0 Spikes ... ... ... ... ... ... 311 64'57 at 20 15 = 74 5 0 Joiuts, 1,509 at £13 12s. 9d. per 100 ... ... ... ... ... = 205 15 9 £2,797 17 10 Add 20 per cent, for freight and charges ... ... ... 559 11 6 £3,357 9 4
No. 46. The Hon. the Mejisteb for Public Works to the Secbetary, Ocean Beach Railway Company. Sib — Public Works Office, "Wellington, 6th March, 1875. I have the honor to acknowledge the receipt of your telegram of Ist March in reply to my letter of 26th February, in which you state that the Directors of the Ocean Beach Eailway Company ■wish for instructions to be given to hand over the three miles of rails, although fully warned by the Government that without an Act of the Legislature the Company cannot proceed with its undertaking. I have now the honor to inform you that Mr. Blair has been instructed to deliver to any one you may appoint on behalf of the Company the rails and fastenings. He has also been furnished with the account for the rails and fastenings, amounting to £3,357 9s. 4d., which he will hand you, and on receipt of payment he is directed to give delivery. 1 think it my duty to warn the Company before this transaction is finally completed, that if the Company proceed to do any acts for which they have not the full authority of the law, the Government
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■will immediately interfere, and move for an injunction of the Supreme Court to restrain them till such time as they have the necessary Act of the Legislature to allow them to proceed. I have, &c, J. B. Bradshaw, Esq., Edwaed Eichabdson. Secy., Ocean Beach Bail. Co., Dunedin.
No. 47. The Secretary, Ocean Beach Railway Company, to the Hon. the Minister for Public Works. (Telegram.) Dunedin, 10th March, 1875. Hagqitt has written to Railway Company threatening injunction by Attorney-General. Please do not stop the line on any consideration. Company has just time to get line completed before the races, and the returns then will pay good percentage on cost for the whole year. If this chance is lost, it will materially interfere with the whole enterprise. If Government will let work proceed, Company will agree to work line entirely under control of Government Engineer, and will submit to any terms Government can in reason require, and Consent to introduce Bill for railway at next session of Assembly, and to insert any clause in it which Government may desire, including a clause enabling Government to purchase line at any time at a fair valuation, on giving, say, six months' notice. The Hon. Minister for Public Works, Wellington. J. B. Bradshaw.
No. 48. The Hon. the Minister for Public Works, to Secretary, Ocean Beach Railway Company. (Telegram.) Wellington, 11th March, 1875. The Government are advised that it cannot knowingly allow the Ocean Beach Company to proceed in direct violation of the law as it now stands. J. B. Bradshaw, M.H.R., Dunedin. Edward Richardson.
No. 49. The Hon. the Colonial Secretary to His Honor the Superintendent, Otago. Sir, — Colonial Secretary's Office, Wellington, 12th March, 1875. With reference to the correspondence which has taken place on the subject of the Ocean Beach Railway, I have the honor to state that the Government have been advised that it is their duty not to allow this Company to proceed with their undertaking without proper legislative authority. The Company have accordingly been warned that, if necessary, the Attorney-General would move for an injunction of the Supreme Court to restrain them from such procedure till they have procured an Act of the Legislature. I have, &c, His Honor the Superintendent, Otago. D. Pollen
No. 50. The Secretary for Crown Lands, Wellington, to Commissioner of Crown Lands, Dunedin. (No. 150.) Wellington, 12th March, 1875. Government require that it be accurately ascertained by survey, if necessary, the actual limit of high watermark opposite sections 1 to 10, Block VII., Town District, Dunedin, and also opposite Block XII., Dunedin and East Taieri District—l mean, of course, before the construction of earthwork by the Ocean Beach Railway Company. You are also to report whether any change has taken place in the line of high watermark since the survey of the sections, and if so what; also, to report whether there is a public road along the front of these sections or any of them between their boundaries seaward and the harbour. lam informed that an application of some kind has been made by the Railway Company to the Waste Lands Board for the purpose of occupation of land on the beaches for the site of the railway. The Crown strongly objects to any such application being entertained, and the Crown Solicitor has been instructed to oppose it. Please telegraph particulars of application if made. The Commissioner of Crown Lands, Dunedin. H. A. Atkinson.
No. 51. Mr. J. T. Thomson, Commissioner of Crown Lands, Dunedin, to the Hon. the Secretary for Crown Lands. (Telegram.) March 12th, 1875. Survey necessary, which Mr. Blair will undertake. After this I can advise you. An application has T)een made to the Waste Lands Board for a lease for Branch Eailway on foreshore, and which was referred to the Provincial Solicitor; but I pointed out to the Board that no lease could be" given without reference to Wellington, as, being under high watermark, the administration did not belong to the Board. The Secretary for Crown Lands, Wellington. J. T. Thomson.
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No. 52. The Hon. the Colonial Seceetaet to the Commissionee of Crown Lands, Dunedin. (Telegram.) 12th March, 1875. I hate to-day telegraphed to Superintendent as follows : — " Information has been conveyed to the Government that application has been made to the Waste Lands Board for the purchase of certain lands lying to the seaward of sections 1 to 10, of Block VII., Town District of Dunedin, and of land seaward of Block XII., Dunedin and East Taieri District. So far as Government can ascertain, the land is not waste lands of the Crown open for sale or selection ; but if it be contended that it is, then, in order that no mistake may be made, I have to urge upon you to exercise the power given by section 3 of ' The Otago Waste Lands Act, 1874,' and consent to the withdrawal of the land from sale. I have telegraphed to the Commissioner of Crown Lands urging the Board to withdraw the land with your consent. The land is, as you are aware, part of land applied for by you as Superintendent for the Harbour Trust; moreover, it is clear that land so situated should not be permitted to pass into private hands, shutting out access to the sea. It is evident also that such land should, if sold at all, be sold by public auction after ample notice. Having so telegraphed to Superintendent, I have now to beg of you to urge on the Board the necessity for withdrawing the land from sale under section 3 of' The Waste Lands Act, 1874,' and to get Superintendent's consent." The Commissioner of Crown Lands, Dunedin. Daniel Pollen.
No. 53. Mr. J. T. Thomson, Commissioner of Crown Lands, Otago, to the Hon. the Colonial Seceetaet. (Telegram.) March 13th, 1875. The application was for a lease, not to purchase, but I opposed it as being below high watermark. I also intimated that I would give no title till reference had been made to Wellington. I will guard General Government interests in the matter. The Hon. the Colonial Secretary, Wellington1. J. T. Thomson.
No. 54. The Hon. the Colonial Seceetaet to His Honor the Supeeintendent, Otago. Wellington, 13th March, 1875. Uegent information has been conveyed to the Government that application has been made to the Waste Lands Board for the purchase of certain lands lying to the seaward of sections 1 to 10 of Block VII., Town District of Dunedin, and of land to the seaward of Block XII., Dunedin and East Taieri District. So far as Government can ascertain, the land is not waste lands of the Crown open for sale or selection; if it be contended that it is, then, in order that no mistake may be made, I have to urge upon you to exercise the power given by section 3 of " The Otago Waste Lands Act, 1874," and consent to the withdrawal of the land from sale. I have telegraphed to the Commissioner of Crown Lands urging the Board to withdraw the land with your consent. The land is, as you are aware, part of land applied for by you as Superintendent for the Harbour Trust; moreover, it is clear that land so situated should not be permitted to pass into private hands shutting out access to the sea. It is evident, also, that such land should, if sold at all, be sold by public auction after ample notice. His Honor the Superintendent of Otago, Dunedin. Daniel Pollen.
No. 55. His Honor the Superintendent, Otago, to the Hon. the Colonial Seceetaet. (Telegram.) 13th March, 1875. I am not aware that any application has been made to "Waste Lands Board to purchase the land in question, and shall take good care to exercise the right of reserving same either from sale or lease, should public interest require it. I may say, however, that the Government has been calculating upon realizing some £20,000 from this land, with which view directions were given some time ago that it should be surveyed into suitable allotments for disposal by public auction. As a matter of course, a street line will be reserved along high watermark and access secured to the water. You are mistaken in supposing that this land is a portion of that which I applied for to be Crowngranted, which is situated below high watermark. I believe application has been made to have strip of this land sufficient for their railway, to which application Provincial Government fully assents, upon such terms as shall amply protect the public interest. If you will excuse me for saying so, I think the Provincial Government may be safely trusted to perform its duty in relation to this and all other matters. I mention this inasmuch as your telegram would seem to imply that it is otherwise. The Hon. the Colonial Secretary, Wellington. J. Macandeew.
No. 56. His Honor the Supeeintendent, Otago, to the Hon. the Colonial Seceetabt. (Telegram.) Dunedin, 16th March, 1875. Peninsula and Ocean Beach Kailway Company has asked for copies of all correspondence between General and Provincial Governments relative to railway negotiations. Is there any objection to comply with this request ? The Hon. Colonial Secretary, Wellington. J. Macandrew.
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No. 57. The Hon. the Colonial Secretary to His Honor the Superintendent, Otago. (Telegram.) Wellington, 16th March, 1875. Re Correspondence, Peninsula and Ocean Beach Railway, —We have no objection. Copy of correspondence may be supplied to Company if your Honor desires to do so. His Honor the Superintendent, Dunedin. Daniel Pollen.
No. 58. His Honor the Superintendent, Otago, to the Hon. the Colonial Secretary. (Telegram.) . Dunedin, 17th March, 1875. I hate no desire to supply Peninsula and Ocean Beach Eailway correspondence, and should not have done so without your permission. I see the whole correspondence between General Government and Company is published. The Hon. Colonial Secretary, Government Buildings. J. Macandeew. ■
No. 59. His Honor the Superintendent, Otago, to the Hon. the Colonial Secretary. Province of Otago, New Zealand, Sib, — Superintendent's Office, Dunedin, 18th March, 1875. I have the honor to acknowledge the receipt of your letter No. 181, and date 12th March, 1875, informing me that the Government have been advised that it is their duty not to allow the Dunedin, Peninsula, and Ocean Beach Railway Company to proceed with their undertaking without proper legislative authority, and that the Company have accordingly been warned that, if necessary, the Attorney-General will move for an injunction of the Supreme Court to restrain them from such procedure till they have procured an Act of the Legislature. In reply, I have to express my regret that the Colonial Government has been advised to interfere in the matter, seeing that the undertaking is of the utmost importance to a large section of the community, and might, I venture to think, have been allowed to proceed in anticipation of legislation, should such be necessary, without detriment to either public or private interests. I have, &c, J. Macandrew, The Hon. the Colonial Secretary. Superintendent.
No. 60. The District Engineer, Dunedin, to the Engineer-in-Chief, Wellington. Sir,— Public Works Office, Dunedin, 3rd June, 1875. In accordance with the instructions of the Hon. the Minister for Public Works, I have the honor to forward herewith a plan of the district between Dunedin and the Ocean Beach, showing all the townships, the railway begun by the Peninsula and Ocean Beach Railway Company, and another line (in red) which, I think, would give the necessary accommodation at a much less cost. The plan would have been ready at the beginning of last month, but for the difficulty of getting information about the townships, and I was anxious to make it as complete as possible. The Company's line terminates at the main entrance to the Eacecourse, which is also the end of the only metalled road now open to the Beach, and the place most resorted to by visitors. The distance from the Dunedin Station to this point, by the Company's line, is 3 miles 2i\ chains, by the red line 2 miles 40j chains, leaving a balance in favour of the red line of 64 chains. The amount of new railway to be constructed by the Company's route is 2 miles 40 chains, and by the red line 1 mile 24 chains, leaving a balance in favour of the red line of 1 mile 16 chains. About 10 chains at the commencement of the red line is under any circumstances required to connect the Railway Workshops with main line; consequently the amount of new railway by that route is reduced to 1 mile 14 chains, and the balance in its favour against the Company's line increased to 1 mile 26 chains. Some years since another private company purposed making a railway to the Ocean Beach. It left the main line at the Caledonian Society's grounds, and ran alongside the St. Kilda road till opposite the Grand Stand, where it turned off at right angles, and terminated near the same point as the lines now proposed. One of the greatest difficulties the Company had to contend with was acquiring the necessary land, which difficultyis now very much increased. I tried to get a line somewhere in that direction to cross the townships at right angles, but nothing like a direct line can be got without interfering with numerous buildings. The bulk of the population at present in this district occupies the sections facing St. Kilda road in the townships of Hillside, South Dunedin, and Forbury; but I have no doubt a few years will show the whole fiat covered with houses from St. Kilda to Kew. Even in the present state of affairs, the red line accommodates the locality much better than the Company's one, which is quite outside all settlement. The strongest argument that can be advanced in favour of the Company's line is that a portion of it will be available for the Peninsula branch. Any line down the Peninsula must leave the Ocean Beach Railway about peg 1-30, which is only 45 chains from the junction with the Clutha line. To utilize this length of 45 chains, it is proposed to construct 106 chains more line than is absolutely necessary to connect Dunedin with the Ocean Beach, and the public who use the railway are
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required to pay in perpetuity the charges on an extra length of 64 chains. I think this view of the matter is sufficient to prove that the advantages derivable from making a portion of the railway common to the Peninsula and Ocean Beach schemes is not commensurate with the outlay occasioned thereby. The Provincial Government has placed a platform on the main line at the crossing of the St. Kilda road, to accommodate the traffic of the neighbourhood. Were the red line constructed, this station might be dispensed with, and another substituted in a more central situation at 1-55 on the branch. The red line is laid out so as to interfere as little as possible with small properties —no houses are touched—and I believe the large allotments from 1-32 to 1-50 are nearly all in the hands of the original proprietor. If the crossing of the three east and west streets in the Forbury township is considered a serious objection, the township could be avoided altogether by taking the red dotted line. This route is however S chains longer than the one recommended. The ground over which the red line is projected is quite flat and comparatively dry, aud altogether most favourable for railway construction. I enclose an approximate estimate of cost, which I think should be found ample. The price for work is at full current rates. The land is taken at an average of £150 per acre; a small portion in the township of Forbury will not cost much more than this, but two-thirds of the quantity required should be bought for much less. In fact, I believe that the proprietors of all unbroken sections would be very easily dealt with. I have, &c, W. N. Blaib, The Engineer-in-Chief, Wellington. District Engineer.
Enclosure in No. 60. Dunedin and Ocean Beach Eailway.—Estimate of Line from Hillside to Eacecourse. Length of Main Line, 104 chains, with 10 chains Siding. Grading— £ s. d. £ s. d. Embankment taken from side ditches, assumed average height 18 inches, 5,000 cubic yards @ Is. 6d. ... ... ... 375 0 0 Forming line, 114 chains @ 10s. ... ... ... ... 57 0 0 Extra Ditching, 10 chains @ 20s. ... ... ... ... 10 0 0 Earthwork in Eoads, 400 cubic yards @ Is. 6d.... ... ... 30 0 0 Level Crossings, second class, 4 @ £60 ... ... ... 240 0 0 Metal in Eoads and Crossings, 100 cubic yards @ 9s. ... ... 15 0 0 757 0 o Culverts — Excavation, 20 cubic yards @ Is. 6d. ... ... ... ... 1 10 0 Timber, 4,000 cubic B.M. @ 40s. ... ... ... ... 80 0 0 SI 10 0 Fencing — Post and Wire, 210 chains @ 40s. ... ... ... ... 420 0 0 Cattle Stops, 4 @ £20 ... ... ... ... ... 80 0 0 Gates, 2 @ £20 ... ... ... ... ... ... 40 0 0 540 0 0 Permanent Way, including Sidings — 40-lb. Eails and Fastenings, ljjm. @ £950 ... ... ... 1,353 15 0 Points and Crossings. 3 @ £25 ... ... ... ... 75 0 0 Sleepers, including adzing, 2,850 @ 4s. 6d. ... ... ... 641 5 0 Plate-laying, 2,508 lineal yards at 25.... ... ... ... 250 16 0 Laying Points and Crossings, 3at £10 ... ... ... 30 0 0 Ballasting, 2,550 cubic yards @ ss. ... ... ... ... 637 10 0 2,988 6 0 Station — Fifth Class Station at Terminus ... ... ... ... 300 0 0 Intermediate Platform ... ... ... ... ... 75 0 0 375 Land, 5 acres @ £150 ... ... ... ... ... ... 750 0 Engineering and Contingencies, say ... ... ... ... ... 5,084 0 0 Total Estimate ... ... ... ... ... ... £6,000 0 O Public Works Office, Dunedin, 3rd June, 1875. Bj Authority : Geohqe Didsbcry, Government Printer, Wellington.—lB7s.
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Permanent link to this item
https://paperspast.natlib.govt.nz/parliamentary/AJHR1875-I.2.1.6.6
Bibliographic details
CONSTRUCTION OF THE DUNEDIN AND OCEAN BEACH RAILWAY. (CORRESPONDENCE RELATING THERETO.), Appendix to the Journals of the House of Representatives, 1875 Session I, E-04b
Word Count
17,802CONSTRUCTION OF THE DUNEDIN AND OCEAN BEACH RAILWAY. (CORRESPONDENCE RELATING THERETO.) Appendix to the Journals of the House of Representatives, 1875 Session I, E-04b
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