Title: Ordinances passed by the Legislative Council of Trinidad and Tobago during the year ..
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Permanent Link: http://ufdc.ufl.edu/UF00103120/00033
 Material Information
Title: Ordinances passed by the Legislative Council of Trinidad and Tobago during the year ..
Uniform Title: Laws, etc. (Ordinances : 1902)
Alternate Title: Ordinances as passed by the Legislative Council of Trinidad and Tobago during the year ..
Physical Description: 51 v. : ; 26 cm.
Language: English
Creator: Trinidad and Tobago
Publisher: G.P.O.
Place of Publication: Port-of-Spain, Trinidad
Port-of-Spain, Trinidad
Publication Date: 1912
Frequency: annual
regular
 Subjects
Subject: Law -- Trinidad and Tobago   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
legislation   ( marcgt )
 Notes
Dates or Sequential Designation: 1902-1952.
 Record Information
Bibliographic ID: UF00103120
Volume ID: VID00033
Source Institution: Florida International University College of Law
Holding Location: Florida International University College of Law
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 13324890
lccn - 18009601
 Related Items
Preceded by: Ordinances of the Council of Government
Succeeded by: Ordinances enacted by the Legislative Council of Trinidad and Tobago between the ... and government notices published between the ...

Full Text




TRINIDAD AND TOBAGO.

Cipero Tramroad.

No. 31. -1912.

17th June.

AN ORDD1NANCE to carry into effect
relating to the Cipero Tramroad and
poses incidental thereto.


/ '





an agreement
for other pur-


[L.S.]


GEORGE R. LE HUNTE,
GOVERNOR.


1st July, 1912.






BE it enacted by the Governor of Trinidad and Tobago
with the advice and consent of the Legislative Council
thereof as follows :-
1. This Ordinance may be cited as the Cipero Tramroad Short Title.
Ordinance, 1912.
2. From and after the commencement of this Ordinance Dissolution of
the corporate body known as the Board of Commissioners Commission.
of the Cipero Tramroad appointed under Ordinances Nos.
4 of 1856 and 20 of 1869 and the Tramroad Commissioners
Ordinance No. 227 shall be dissolved and all rights powers
and authority conferred upon them by the said Ordinances
or any other Ordinance shall absolutely cease and determine.
3. The agreement set forth in the First Schedule hereto Con,"frmat
shall as from the date thereof be valid and effectual, in schedule I.
according to the tenor thereof, to effect the surrender of all


/ Ly e- -/ P-










No. 31. Cipero Tramroad. 1912.

the right, title and interest in the Cipero Tramroad of the
Board of Commissioners of the Cipero Tramroad and the
said agreement is hereby confirmed and declared to be valid
and effectual for all the purposes aforesaid.
Property in 4. It is declared that the Cipero Tramroad and the
ramroad. branches thereof, and all the lands used or occupied for the
purposes thereof with their appurtenances, as the same are
particularly described in the Second Schedule hereto, are
and shall remain vested in His Majesty the King His Heirs
and Successors in absolute dominion, and free from all
claims, rights, estates, interests, charges or incumbrances
whatsoever.
Tramroad to 5. The Cipero Tramroad, as hereinbefore described, shall
be incorpo-
rated in be incorporated in the Government Railways of this Colony
lailwernm and shall form portion thereof, and the provisions of the
Railways Ordinance, No. 145 shall apply to such portion as
if the same had been constructed by the Government under
the provisions of such last mentioned Ordinance.
Agreements in 6. The agreements contained in the Third Schedule to
thirdchedule. this Ordinance shall as from the date of the commencement
of this Ordinance be valid and effectual for all purposes,
and shall in accordance with the terms thereof be binding
upon His Majesty the King His Heirs and Successors, and
upon the Government of this Colony, the New Colonial
Company Limited and the Tennants Estates Limited therein
mentioned, and all persons or corporations claiming through
under or in succession to them. And no claim shall arise
and no action or other proceeding shall be brought or con-r
menced by any third party against any party to any of the
said agreements on the ground or in respect of any such
agreements having been entered into or otherwise on the
ground or in respect thereof, or on the ground or in respect
of the dissolution of the said Board of Commissioners or
of the cesser and determination of their powers and
functions.

Books, etc., of 7. All books, documents and papers whatsoever relating
commissioner to the management upkeep and control of the Cipero Tram-
to be handed
over. road which at or immediately before the commencement of
this Ordinance were in the possession or control of the Board










No. 31. Cipero Tramroad. 1912.

of Commissioners of the Cipero Tramroad shall be handed
over by the Secretary of the Commissioners or other person
having them in his possession to the Chief Resident
Engineer of the Trinidad Government Railways.
8. The Tramroad Commissioners Ordinance, No. 227, in Repeal.
so far as the same refers to the Board of Commissioners of
the Cipero Tramroad, and the Cipero Tramway (Crossings)
Ordinance, No. 228 are hereby repealed.

Passed in Council this Seventeenth day of June, in the
year of Our Lord one thousand nine hundred and twelve.


HARRY L. KNAGGS,
Clerk of the Council.












No. 31. Cipero Tramroad. 1912.

SCHEDULE I.
"A."
This is the Deed marked "A" referred to in the
prefixed affidavit of Partrick Corbie sworn to
this 8th day of May, 1912.
Before me,
B. MONTSERIN,
Acting Deputy Registrar-General.
Prepared by me.
A. D. O'CONNOR,
Conveyancer.
TRINIDAD.
THIS AGREEMENT made and entered into this first day of May in
the year of Our Lord one thousand nine hundred and twelve Between
THE BOARD OF COMMISSIONERS of the CIPERO TRAMROAD
hereinafter called the Board of the one part and HORACE RICHARD
MARWOOD Chief Resident Engineer of the Trinidad Government Rail-
way Extensions of the other part WHEREAS it is proposed to extend
the Railway System of the Colony and the Cipero Tramroad is required
for the purposes of such extension AND WHEREAS the Board is satis-
fied that it is to the public interest to surrender the said Tramroad to the
Government for the purposes aforesaid and has by Resolution dated the
first day of May 1912 ordered and directed that this agreement be entered
into for the purpose of effecting such surrender NOW THIS AGREE-
MENT WITNESSETH that in consideration of the premises The Board
hereby surrenders to the Government the said Tramroad and all its right
title and interest therein IN WITNESS WHEREOF the said parties
hereto have hereunto set their hands the day and year first herein written.
Signed and delivered by Harris Harragin,
Henry Earle Murray, and John Lang HARRIS HARRAGIN,
Moodie, three of the members of the Chairman
Board of Commissioners of the Cipero
Tramroad in pursuance of a Resolu- H. E. MURRAY.
tion of the Board dated the first day
of May 1912 in the presence of John J. L. MOODIE.
Melhuish, Accountant, San Fernando.J
Before me,
L. A. VILAIN,
Justice of the Peace.
Signed and delivered by the within named'
Horace Richard Marwood in the pre- I
sence of Patrick Corbie of No. 55 -H. R. MARWOOD.
Abercrombie Street, Port-of-Spain.
Solicitor's Clerk
And of me,
A. D. O'CONNOR,
Conveyancer.












No. 31.


Cipero Tramroad.


I, JOHN MELHUISH of the Town of San Fernando in the Island of
Trinidad Accountant make oath and say that I was personally present on
the first day of May one thousand nine hundred and twelve at San Fer-
nando aforesaid and did then and there see Harris Harragin, Henry Earle
Murray and John Lang Moodie three of the members of the Board of
Commissioners of the.Cipero Tramroad sign and deliver the within written
deed as and for the act and deed of the said Board in pursuance of a
Resolution of the said Board which deed purports to be a deed of two
parts and made between the Board of Commissioners of the Cipero Tram-
road of the one part and Horace Richard Marwood of the other part and
that the signatures Harris Harragin," H. E. Murray," and "J. L.
Moodie to the said deed subscribed are of the proper handwriting of the
said Harris Harragin, Henry Earle Murray, and John Lang Moodie respec-
tively and that the signatures John Melhuish and L. A. Vilain to
the said deed subscribed as those of the witnesses to the execution of the
same by the said Board are of the proper handwriting of me this deponent
and of the said L. A. Vilain.

Sworn to at 2/4 King Street in the Town)
of San Fernando this Sixth day of> JOHN MELHUISH.
May 1912. )
Before me,

L. A. VILAIN,
Justice of the Peace.


I, PATRICK CORBIE of number 55 Abercromby Street in the Town
of Port-of-Spain in the Island of Trinidad Solicitor's Clerk make oath and
say that I was personally present on the eighth day of May one thousand
nine hundred and twelve at Port-of-Spain aforesaid.and did then and there
see Horace Richard Marwood one of the parties to the deed hereto prefixed
marked A purporting to be a deed of two parts and made between the
Board of Commissioners of the Cipero Tramroad of the one part and the
said Horace Richard Marwood of the other part sign and deliver the same
Sas and for his act and deed and that the signature H. R. Marwood" to
S-- the said deed subscribed is of the proper handwriting of the said Horace
`I--Richard Marwood and that the signatures "Patrick Corbie" and "A. D.
O'Connor to the said deed subscribed as those of the witnesses attesting
the due execution of the same by the said Horace Richard Marwood are of
the proper handwriting of me this deponent and of the said A. D. O'Connor.

Sworn to at the Registrar-General's Office"
in the Town of Port-of-Spain this 8th PATRlCK CORBIE.
day of May one thousand nine hun-
dred and twelve. J
Before me,

B. MONTSERIN,
Acting Deputy Registrar-General.


1912.












No. 31. Cipero Tramroad. 1912.

SCHEDULE II.




THE CIPERO TRAMROAD.




(A.) The Tramroad called the Cipero Tramroad described in the
Final order of the Central Road Board dated 1st April 1858
and signed by Sylvester Devenish the Secretary to the Board
published in the Royal Gazette Vol. 24 No. 14 dated April 7,
1858 commencing at a point called the old shipping place at
the Cipero River on the plantation '" Les Efforts and running
thence in an easterly direction to its terminus at the Mission
Village now called Princes Town-together with the authorised
extension thereof to a point on the high road near the entrance
to the plantation Broomage."

(B.) A branch line known as the "Mon Repos or Ballast Pit"
branch commencing by a junction with the Cipero Tramroad
first described, at a point thereon 390 feet or thereabout
measured along the said tramriad in an easterly direction from
the centre of the level crossing carrying the southern main
road across it at the point known as the Cross and extending
in a north-easterly direction through the Les Efforts, Felicite,
and Mon Repos Estates crossing the Naparima-Mayaro Main
Road and thence to its terminus at the gravel pit on the eastern
side of the Naparima Hill.

(C.) A branch known as the Jordan Hill" branch commencing
by a junction with the Cipero Tramroad first described, at a
point approximately 3,762 feet measured along that tramroad
in an easterly direction from the centre of the level crossing of
the Manahambre Road over the said Cipero Tramroad, south of
Ste. Madeleine Village, and extending in a southerly direction
through the Ste. Madeleine, St. Charles, and Cupar Grange
Estates crossing the Manahambre Road near Cherco Village,
and crossing the Inverness Public Road to its termination on
the lands of the plantation Jordan Hill.

(D.) A branch kown as the Cedar Hill branch commencing by
a junction with the Cipero Tramroad first described, at a point
thereon approximately 4,520 feet measured in an easterly
direction along the said tramroad, from the junction of the
Jordan Hill branch last described, and extending in a south-
westerly direction through the Belvedere and Cedar Hill
Estates to its termination.












No. 31. Cipero Tramroad. 1912.

SCHEDULE III.

TO ALL TO WHOM THESE PRESENTS SHALL COME, I Joseph
Phillips Crawley of the City of London Notary Public duly admitted and
sworn do hereby certify that on the day of the date hereof personally came
and appeared before me George Morris Ohison the Declarant named in the
Declaration hereto annexed marked A and by solemn declaration which
the said Declarant then made before me in the due form of Law did
solemnly and sincerely declare to be true the several matters and things
mentioned and contained in the said annexed declaration.
IN FAITH AND TESTIMONY WHEREOF I,
the said Joseph Phillips Crawley have here-
unto signed my name and affixed my Seal of
Office and have caused the said declaration and
also the agreement marked B" mentioned
and referred to in and by the said declaration
to be hereunto also annexed.
Dated at London, England, the twenty-second day of February in the
year one thousand nine hundred and twelve
SIn Testimonium Veritatis.
J. PHILLIPS CRAWLEY,
Notary Public.

A."
This is the declaration marked" A" referred to in
my certificate hereto prefixed dated the twenty-
second day of February, 1912.
J. PHILLIPS CRAWLEY,
Notary Public.
I, GEORGE MORRIS OHLSON of 20, Eastcheap, London, E,C., Mer-
cantile Clerk, do solemnly and sincerely declare that I was personally present
on the 22nd day of February one thousand nine hundred and twelve at 20,
Eastcheap, London, E.C., and did then and there see Frank Preston the
--ecretary of the New Colonial Company Limited affix the Common Seal of
the.. said Company to the agreement hereto annexed marked "B in
pursuance of a Resolution of the Directors of the said Company and in the
presence of Frederick Lubbock and Edward Packard two of the said
Directors which agreement purports to be an agreement of two parts and
made between Horace Richard Marwood of the one part and the said Com-
pany of the other part and did then and there also see the said Frederick
Lubbock and Edward Packard sign and deliver the said agreement as and
for the act and deed of the said Company and that the Seal to the said
agreement set and affixed is the Common Seal of the said Company and that
the signatures and words F. Lubbock, Director," E. Packard, Direc-
tor," and Frank Preston, Secretary" to the said agreement subscribed are
of the proper handwriting of the said Frederick Lubbock, Edward Packard









8

No. 31. Cipero Tramroad. 1912.

and Frank Preston respectively and that the signature Geo. M. Ohlson"
to the said agreement subscribed as that of the witness attesting the due
execution of the same by the said Company is of the proper handwriting of
me this declarant and I make this declaration conscientiously believing the
same to be true and by virtue of the said Statute in such case made and
provided.

Declared at London, England, this 22nd
day of Fibruary one thousand nine GEO. M. OHLSON.
hundred and twelve.

Before me,

J. PHILLIPS CRAWLEY,
Notary Public.


"3B."
This is the Agreement marked B" referred to
in the prefixed declaration of George Morrif
Ohlson made this 22nd day of February, 1912

Before me,

J. PHILLIPS CRAWLEY,
Notary Public.

THIS AGREEMENT made and entered into this 22nd day of
February, in the year One thousand nine hundred and twelve
BETWEEN HORACE RICHARD MARWOOD of the Ward of St. Joseph
in the Island of Trinidad General 31,:i r and Chief Resident Engineer
of Railwvys acting herein for and on behalf of the Government of Trinidad
and Tobago and hereinafter called the Engineer (which term includes the
person for the time being performing the duties of Head of the Railway
Department) of the one part and THE NEW COLONIAL COMPANY
LIMITED being a Company incorporated under the Companies Acts of the
United Kingdom and carrying on business in the City of London and
certain British Possessions including the Island of Trinidad and herein-
after called The Company of the other part WHEREAS under and
by virtue of Ordinance No. 4 of 1856 as amended by Ordinance No: 20 of
1869 there was established a tramroad for the transport of the staple pro-
ducts and general traffic of the Island known as the Cipero Tramroad"
AND WHEREAS the same is under the said Ordinances vested in the
Crown but the control and management thereof is vested in a Board of
Commissioners nominated by the owners of certain plantations situate in
the Wards of Naparima and Savana Grande AND WHEREAS the Colonill
Government is desirous of extending the Railway system of the Colony
partly along and over the said tramroad and for this purpose to assume Ihe
control and management of the same AND WHEREAS The Company as
owners of several of the said plantations are in the enjoyment of certain










9

No. 31. Cipero Tramroad. 1912.

privileges and facilities from the Board of Cipero Commissioners which it
is expedient to continue under the future working of the tramroad
NOW THEREFORE THIS AGREEMENT WITNESSETH as follows :--
1. The Company hereby surrender and abandon all rights at law and
in eqully whli.,. they at any time claimed or now claim to have on or in
respect rt t i said tramroad.
2. TIr:- Government hereby assumes all and every the obligations of
the Board :.I (C'pero Commissioners to carry public traffic and to maintain
for that p.urF..ie the lines and works in good working order as and from
the date ..I tlh.- coming into operation of the Ordinance hereinafter referred
to.
3. 1L. L.',:.mpany shall be at liberty on and for the furtherance of the
business t tlleir own plantations and factories to pass and repass with
their en ,-,. -. waggons and trucks over such portions of the tramroad as
run withlij ti,. limits of such plantations or in the event of any lines being
substitiult- f...r such portions or any of them then over su h substituted
lines sul..it. t i...wever to such right being exercised only in accordance with
the IigulIat.:.r!, of the Trinidad Government Railway for the time b ing
in force,. il:l -iibject to the officers and servants of the Company following
and iib,'yir.- tlei directions of the officers of the Railway in the working of
the trnizs onii. concerning the safety of all persons, of the line and works,
and ol ti,. ti.inas, minerals, goods, animals, commodities or things being in
or upon Iany part of the tramroad or works. Provided always that the
Company 1ihall be entitled to use their existing rolling stock and any part
thereof. e... lionL. as in the opinion of the Manager of the Trinidad Govern-
ment Railway-N., the safe working of the line is not endangered by such
user.
4. In tli: -vent of the Company exercising the right given to them by
clause 8 h-rt.:t. they shall for the period of five years computed from the
d.ate ut' tI, .,--umption of the tramroad by the Government pay to the
Goverrinjeirt at the end of every fortnight a toll at the rate of two cents
p.:r t'.' ]..:r !iil!i in respect of goods and produce carried by them over such
p. rtion o. thie i..id tramroad during such fortnight, and from and after the
exjpirnl'ar..i tie said period of five years they shall pay to the Govern-
ment in respect of goods and produce carried by them over such portion of
the said tramroad a toll of such sum being less than eight cents per ton per
mile as may from time to time be fixed by Regulation. If however the
Company elect that the Government shall cause the haulage to be done on
th4Jr .-half then instead of the road toll hereinbefore provided for they
'shi lI 'v an inclusive charge to be arranged at the time so only that the said
inclusive charge shall be less than the charges authorised by the Board of
Ciper'i Commissioners and in force on the 18th of October, 1910. Provided
always that in no case shall the Company be called on or required to pay
a higher toll or rate per mile than is for the time being charged to or
p ya.il bi..;, .,ly third party for the carriage of goods or produce over the
s.,id tranur...a..l or any part thereof but shall be entitled at all times to be
treated on tle most favoured basis.
5. The Company shall keep a proper book to the satisfaction
"of the Engineer who shall either by himself or by any other officer
deputed by him at all times have free access thereto showing the


.'" ~"











No. 81. Cipero Tramroad. 1912.

tonnage and description of the goods and produce carried over the said
tramroad and the distance over which the same is so carried; and the
Company shall once in every week supply to the Engineer a full and accu-
rate return certified as correct by the principal officer of the Company in
charge of the Company's plantations giving the particulars hereby required
to be kept in the said book, such return to be supplied within seven days
of the last day to which it refers.
6. The Company shall at their own proper cost upkeep and maintain
such portions of the tramroad as shall be used by them and not be required
by the Government for public traffic and in addition thereto shall pay to
the Government by way of rent a sum at the rate of two shillings per
annum per mile.
7. The Government shall as soon as conveniently may be after the
passing of the Ordinance hereinafter referred to construct at its own
expense a duplicate line commencing at the end of the San Fernando
tramroad passing along the Southern side of the existing tramroad (except
where it shall follow the line thereof) to a point near the western end of
the Victoria Village lots where it shall cross the existing line on the level
and proceed along the northern side thereof (except where it shall follow
the existing line) to the point where the St. Madeleine siding of the Com-
pany joins the Cipero tramroad near the bridge carrying it across the
Cipero River south of the St. Madeleine Village.
8. The Government shall in connection with the construction of such
duplicate line make at its own expense all necessary junctions to communi-
cate with
(a) the Mon Repos branch (b) the Union Hall branch (o) the Feli-
city branch (d) the Corinth branch (e) the Tarouba branch.
9, The siding known as Retrench Fork the property of the Company and
being on the southern side of the existing line shall be abandoned and a
similar siding shall at the expense of the Government be substituted for it
near the eastern end of the Victoria Village on the side of the Corinth Road
connecting with the duplicate line in paragraph 6 hereof mentioned.
10. The siding known as the Belmont Fork on the southern side of
the existing line shall remain in its present position and be connected to the
said duplicate line or any equally convenient siding shall be substituted
therefore at the cost of the Government.
11. Sidings or crossing loops shall at the expense of the Government'"
be laid so as to connect with the said duplicate line near the site of the
existing sidings known respectively as Corinth No. 1 Loop, Corinth No. 2
Lcop, Corinth Fork, Union Hall Fork, Guinness' Loop and Embarcadere
Fork.
12. In case the Engineer shall find it necessary in making the junctions
provided for in clause 8 hereof to remove the Company's weighbridge at
Mon Repos siding the same shall be so removed and re-erected at a con-
venient spot near by at the expense of the Government.
13. If it shall be found necessary the Government shall at its own
expense construct a short length duplicate line above the Usine St. Made-
leine, that is to say between the Company's private line known as the Daisy









11

No. 31. Cipero Tramroad. 1912.

line and that portion of the Company's private line extending from the
Usine St. Madeleine yard eastward towards the Company's Belvedere line
with the necessary crossing over the Cipero tramroad on the level.
14. The Government shall at its own expense construct an additional
line commencing at the termination of the San Fernando tramroad and
running in a westerly direction on the southern side of the existing line
and in continuation of the said duplicate line to the Company's Embarcadere
siding. Provided always and it is hereby agreed that during the con-
struction of the duplicate lines hereinbefore firstly and thirdly mentioned
the Company shall be at liberty to use the existing line without any other
payment than would be required for the use of such duplicate lines after
the construction thereof.
15. The Company shall be permitted to work their own estate traffic
between St. Madeleine and San Fernando over the Government line on
paying the Government for the use of the road a toll at a rate to be less
than eight cents per ton per mile. Provided always that in no case shall
the Company be called on or required to pay a higher toll or rate per mile
than is for the time being charged to or payable by any third party for
the carriage of goods or produce over the said tramroad or any part
thereof but shall be entitled to be treated on the most favoured basis.
16. Arrangements shall be made with the Engineer to allow the
estates abutting on the tramroad to load canes into trucks on the line
during the night and at other times but not so as to interfere with or
obstruct the Railway traffic.
17. Where extension works shall cause any damage to existing roads,
sidings, crossing or drains belonging to the Company the same shall at the
expense of the Government be restored to the like good condition as to
levels and otherwise in which they were befLre;
Provided however these matters shall not already have been taken
into consideration in any compensation paid to the Company.
18. If it becomes necessary at any time to appoint additional watch-
men at road crossings by reason of the altered conditions of railway
working the costs thereof shall be borne by the Government.
19. The Company shall be at liberty to have their canes carried by
manual labour over the Government lines provided that a competent person
is placed in charge of every gang of carriers who shall be responsible for
the safety of such carriers and that no obstruction of any kind is placed
.... -- the line or in proximity to it.
\20. The Company will hold the Government and every officer thereof
]:ii nil,-:z, and indemnified against any claim or action for damage or other-
wise arising in connection with the carrying of canes across the lines as
provided in clause 19 hereof.
21. The Government shall pay to the Company reasonable compensa-
tion for crops destroyed or damaged by reason of the making of the said
line or lines.
22. No compensation shall at any time be payable to the Company for
or in respect of any land taken for the duplication of the line or for the
alteration or restoration of the existing works as provided for in this
agreement and the Company agree to execute at the cost and charges of












Cipero Tramroad.


1912


the Colonial Government all such conveyances as may be necessary for
vesting such land in His Majesty.
23. The Company shall keep the Government and every officer thereof
harmless and indemnified against all claims or actions for damage or other-
wise for or by reason of anything done or omitted to be done by the Board
of Cipero Commissioners or by the Company in the operation and working
of the said tramroad prior to the passing of the Ordinance hereinafter
referred to.
4. An Ordinance shall as soon as conveniently may be after the
execution of these presents be introduced into the Legislative Council of
the Colony of Trinidad and Tobago for the following purposes :-
1. To relieve the Cipero Commissioners of their duties and to
terminate their functions.
2. To pass the control and management of the Cipero tramroad to
the Goverment Railway Department.
3. To embody and adopt this agreement as and from the time at
which the functions of the Cipero Commissioners shall cease.
25. This agreement shall only come into operation on the date of the
coming into force of the Ordinance hereinbefore referred to and should
such Ordinance not come into force within one year from the date hereof
shall be null and void.


IN WITNESS WHEREOF the parties hereto have
hereunto set their hands the day and year
first hereinabove written.
The above was prepared by me.
A. D. O'CONNOR,
Conveyancer.


The Common Seal of the New Colonial
Company, Limited, was hereunto
affixed by the authority of the
Directors of the said Company
in conformity with the Articles
of Association of the said Com-
pany and in the presence of F. LUBBO
Frederick Lubbock and Edward E. PACKA
Packard two of the Directors of
the said Company and in the FRANK Fl
presence of and countersigned by
Frank Preston as the Secretary
of the said Company in the pre-
sence of Geo, M. Ohlson, 20,
Eastcheap, London, E.C., Mer-
cantile Clerk.
Signed and delivered by the within"
named Horace Richard Marwood | H. R.
in the presence of Jos. A. H. -
Dowdy of No. 30, Siparia Hill, I 10/4/1912.
Port-of-Spain, Solicitor's Clerk J
And of me


A. D. O'CONNOR,
Conveyancer.


CK, Director.
RD, Director.
IESTON, Secretary.


MARWOOD.


No. 31.


-










18

No. 31. Cipero Tramroad. 1912.

I, JOSEPH ANTHONY HUBERT DOWDY of No. 30, Siparia Hill
in the town of Port-of-Spain in the Island of Trinidad Solicitor's Clerk
make oath and say that I was personally present on the 10th day of Apiil
1912 at Port-of-Spain aforesaid and did then and there see Horace Richard
Marwood one of the parties to the within written deed purporting to be a
deed of two parts made between the said Horace Richard Marwood of the
one part and the New Colonial Company, Limited of the other part sign
and deliver the same as and for his act and deed and that the signature
"H. R. Marwood" thereto subscribed is of the proper handwriting of the
said Horace Richard Marwood and that the signature Jos. A. H. Dowdy"
thereta also subscribed as of that of the witness to the execution of the
same by the said Horace Richard Marwood is of the proper handwriting
of me this deponent.
Sworn to at the Registrar-General's
Ofice, Port-of-Spain, this 8th- JOS. A. H. DOWDY.
day of May, 1912.
Before me,
B. MONTSERIN,
Acting Deputy Registrar-General.

TO ALL TO WHOi THESE PRESENTS SHALL COME, I, JOHN
EDWARD NEWTON, Notary Public of the City of London by Royal
Authority duly admitted and sworn, practising in said City do hereby
certify that on the day of the date hereof personally came and appeared
before me CHARLES GARDNE R ROUGHT the Declarant named in the
declaration hereto annexed marked A' and by solemn declaration which
the' said Declarant then made before me in the due form of Law did
solemnly and sincerely declare to be true the several matters and things
mentioned and contained in the said annexed declaration.
IN FAITH AND TESTIMONY WHEREOF I the
said Notary have hereunto signed my name
@and affixed my Seal of Office and have caused
the said declaration and also the agreement
marked "B" mentioned and referred to in
and by the said declaration to be hereunto
also annexed.
Dated at London the twenty-third day of February, in the year one
thousand nine hundred and twelve.
\ JOHN E. NEWTON,
Notary Public, London.


This is the Declaration marked A referred to
in my certificate hereto prefixed and dated the
twenty-third day of February, 1912.
Before me.
JOHN E. NEWTON,
Notary Public, London.









14

No. 31. Cipero Tramroad. 1912

I, CHARLES GARDNER BROUGHT of No. 9, Mincing Lane, in the
City of' London, England, Mechanical Engineer, do solemnly and sincerely
declare that I was personally present on the twenty-third day of February,
one thousand nine hundred and twelve at No. i, Mincing Lane, aforesaid
and did then and there see Alfred Samuel Pearce, the Secretary pro tem
of the Tennant's Estates, Limited, affix the Common Seal of the said Com-
pany to the agreement hereto annexed marked B in pursuance of a
Resolution of the Directors of the said Company and in the presence
of William Augustus Tennant and Edgar Bee Beck two of the said
Directors which agreement purports to be an agreement of two parts
and made between Horace Richard Marwood of the one part and the
said Company of the other part and did then and there also see the said
William Augustus Tennant, Edgar Bee Beck and Alfred Samuel Pearce
sign and deliver the said agreement as and for the act and deed of the said
Company and that the Seal to the said agreement set and affixed is the
Common Seal of the said Company and that the signatures and words
"W. A. Tennant, Director;" E. B. Beck, Director;" and A. S. Pearce,
Secretary, pro tern;" to the said agreement subscribed are of the proper
handwriting of the said William Augustus Tennant, Edgar Bee Beck and
Alfred Samuel Pearce respectively, and that the signature Charles G.
Rought to the said agreement subscribed as that of the witness attesting
the due execution of the same by the said Company is of the proper hand-
writing of me this Declarant and I make this declaration conscientiously
believing the same to be true and by virtue of the Statute in such case
made and provided.
Declared at No. 9, Mincing Lane, in
the City of London, this twenty- CHARLES G. ROUGHT.
third day of February, one
thousand nine hundred and twelve. J
Before me,
JOHN E. NEWTON,
Notary Public, London.


This is the Agreement marked B referred to in
the prefixed declaration of Charles Gardner
Rought made this Twenty-third day of Feb.
ruary, 1912.
Before me,
JOHN E. NEWTON,
Notary Public, London.

THIS AGREEMENT made and entered into this 23rd day ofFebruary
One thousand nine hundred and twelve Between HORACE RICHARD
MARWOOD of the Ward of St. Joseph in the Island of Trinidad General
Manager and Chief Resident Engineer of Railways acting herein for and
on behalf of the Government of Trinidad and Tobago and hereinafter
called The Engineer (which term includes the person for the time being










15

No. 31. Cipero Tramroad. 1912.

performing the duties of the Head of the Railway Department) of the one
part and TENNANTS ESTATES LIMITED being a Company incorporated
under the Companies Act of the United Kingdom and carrying on busi-
ness in the City of London and in the Island of Trinidad and hereinafter
called "the Company" of the other part. WHEREAS under and by virtue
of Ordinance No. 4 of 1856 as amended by Ordinance No. 20 of 1869
there was established a tramroad for the transport of the staple products
and general traffic of the Island known as the Cipero Tramroad AND
WHEREAS the same is under the said Ordinances vested in the Crown
but the control and management thereof are vested in a Board of Commis-
sioners nominated by the owners of certain plantations situate in the
Wards of Naparima and Savana Grande and WHEREAS the Colonial
Government is desirous of extending the Railway System of the Colony
partly along and over the said tramroad and for this purpose to assume the
control and management of the same AND WHEREAS the Company as
owners of several of the said plantations are in enjoyment of certain
privileges and facilities from the Board of Cipero Commissioners which it
is expedient to continue under the future working of the tramroad NOW
THEREFORE THIS AGREEMENT WITNESSETH AS FOLLOWS:-
1. The Company hereby surrender and abandon all rights at Law and
in Equity which they at any time claimed or now claim to have on or
in respect of the said tramroad.
2. The Government hereby assume all and every the obligations of
the Board of Cipero Commissioners to carry public traffic and to main-
tain for that purpose the lines and works in good working order as and
from the date of the coming into operation of the Ordinance hereinafter
referred to.
3. The Company shall be at liberty on and for the furtherance of the
business of their own plantations and factories to pass and repass with
their engines waggons and trucks over such portions of the tramroad as
run within the limits of such plantations or in the event of any lines being
substituted for such portions or any of them then over such substituted
lines subject however to such right being exercised only in accordance
with the Regulations of the Trinidad Government Railway for the time
being in force and subject to 1he officers and servants of the Company
following and obeying the direction of the officers of the Railway in the
working of the trains and concerning the safety of all persons of the line
and works and of the trains, minerals, goods, animals commodities or
things being in or upon any part of the tramroad or works. Provided
always that the Company shall be entitled to use their existing rolling
stock and any part thereof so long as in the opinion of the Manager of the
Trinidad Government Railways the safe working of the line is not endan-
gered by such user.
4. In the event of the Company exercising the right given to them by
clause 3 hereof they shall for the period of five years computed from the
date of the assumption of the tramroad by the Government pay to the
Government at the end of every fortnight a toll at the rate of two cents
per ton per mile in respect of goods and produce carried by them over such
portion of the said tramroad during such fortnight and from and after the
expiration of the said period of five years they shall pay to the Govern-












No. 31. Cipero Tramroad. 1912.

ment in respect of goods and produce carried by them over such portion of
the said tramroad a toll of such sum .being less than eight cents per ton
per mile as may from time to time be fixed by Raguladions. If however
the Company elect that the Government shall cause the haulage to be done
on their behalf then instead of the road toll hereinbefore provided for they
shall pay an inclusive charge to be arranged at the time, so only that the
said inclusive charge shall be less than the charges authorised by the
Board of Cipero Commissioners and in force on the 18th of October, 1910.
Provided always that in no case shall the Company be called on or re-
quired to pay a higher toll or rate per mile than is for the time being
charged to or payable by any third party for the carriage of goods or
produce over the said tramroad or any part thereof, but shall be entitled
at all times to be treated on the most favoured basis.
5. The Company shall keep a proper book to the satisfaction of the
Engineer who shall either by himself or by an officer deputed by him at all
times have free access thereto showing the tonnage and description of the
goods and produce carried over the said tramroad and the distance over
which the same is so carried and the Company shall once in every week
supply to the Engineer a full and accurate return certified as correct by
the principal officer of the Company in charge of the Company's planta-
tions giving the particulars hereby required to be kept in the said book
such return to be supplied within seven days of the last day to which
it refers.
6. The Company shall at their own proper cost upkeep and maintain
such portions of the tramroad as shall be used by them and not be required
by the Government for public traffic and in addition thereto shall pay to
the Government by way of rent a sum at the rate of two shillings per
annum per mile.
7. The Government shall as soon as conveniently may be after the
passing of the Ordinance hereinafter referred to construct at its own
expense a line between the Princes Town" or Guaracara" branch
commencing near the mile mark denoting 424 miles from Port-of-Spain on
that branch and joining with the Cipero tramroad near the Malgretoute
factory. It is agreed that this line may be constructed by the Government
through the Malgretoute factory yard over the site of the existing Malgre-
toute Buen Intento Road eastward of the yard pond or reservoir and the
Engineer may divert the said road at the expense of the Government in
accordance with the plan attached in a manner to avoid its crossing the
said Railway on the level provided that in such case the Engineer shall
extend as necessary the existing-conduit or waterway under the said road
for the supply of water to the pond.
8. The Company undertake provided their estates shall so long con-
tinue at work to cause to be handed to the Government for carriage the
Company's traffic both produce and supplies except as provided for in
clauses 3 and 4 for a period of five years from the date of the assumption
of the tramroad by the Government at the rates following that is to say
(a) for sugar from Malgretoute factory to the Wharf at San Fernando
loaded and discharged by the Government at the rate of three shillings
per ton (b) for sugar from Malgretoute factory to Port-of-Spain including
storage for a period not exceeding twenty-one days and delivery free in












No. 31. Cipero Tramroad. 1912.

lighters alongside ship in the harbour at the rate of six shillings and nine
pence per ton (c) Cane, if worked by the Government's trains in owners'
trucks loaded and discharged by the Company, including empties outward,
at the rate of three cents per ton per mile. The Company shall cover by
Marine Insurance the value of its goods while awaiting shipment in wharf
sheds and lighters and during shipment without cost to the Government.
The foregoing rates shall not apply to any consignment of less than six
tons or to any consignment not exceeding six tons unless such last men-
tioned consignment is carried in one truck.
9. It is further agreed that the Company shall be entitled to call
upon the Government to lay a duplicate line between the junction of the
Company's Friendship siding with the Cipero tramroad and the Company's
Manahambre siding near the Malgretoute Factory in case it shall be
found impossible to arrange reasonable terms with the Government for the
carriage of the Company's canes. Such duplication may be laid on the
northern or eastern side of the existing tramroad from the Friendship
siding to the western junction of the Malgretoute Factory sidings and
from the Malgretoute siding shall continue partly along the northern side
of the Cipero Tramroad then crossing over it on the level at some point
convenient to the Railway shall continue along the southern or western
side of tramroad until it joins the Company's Manahambre siding near
the eastern end of the Malgretoute factory yard. In case the duplicate
line hereinbefore named shall be constructed between Friendship and
Malgretoute then the necessary junctions shall be made for communication
between the said line and existing sidings where necessary at the cost of
the Government that is to say
(1.) New siding at Cedar Hill Friendship West boundary on the
North side of the main line.
(2.) The existing fork siding to the West of the curve, West of the
Friendship main branch junction, known as the Friendship
Sugar House siding to be removed to the North side of the
main line. The Company agree to raise no objection to a
diversion of the main line which the Government may make be-
tween the Friendship Sugar House Siding and a point near
the junction of the New Colonial Company's Cedar Hill-
Manahambre branch with the main line and to give free of cost
the land required for the same in exchange for the existing
main line formation between the said points, which the Com-
pany may use for their own purposes.
S(3.) Existing Friendship main branch.
(4.) Existing Cedar Hill-Manahambre branch.
(5.) New Siding Friendship, No. 3, at a trace crossing between
Friendship main branch junction and Friendship No. 2 Siding.
(6.) Friendship No. 2. Existing fork siding to be removed and
relaid with points facing East instead of West.
(7.) Friendship No. 1. Existing fork siding to be removed and
relaid with points reversed. This is to be a long siding.
(8.) Friendship- Malgretoute Branch Existing siding.










18

No. 31. Cipero Tramroad. 1912.

(9.) Existing Malgretoute Sugar House Loop to be converted into
a fork siding on the North side of the main line.
(10.) The existing catch siding near Malgretoute reservoir East of
the Works to be removed and a siding substituted on the
North side of the main line near the Naparima-Mayaro main
road crossing.
Subject as aforesaid adequate communication between the main line
and the sidings will be maintained by the Government.
10. Arrangements may be made with the Engineer to allow the
estates abutting on the tramroad to load canes into trucks on the line
during the night and at other times but not so as to interfere with or
obstruct the Railway traffic.
11. Where the railway works shall cause any damage to existing roads
sidings crossings or drains belonging to the Company the same shall at the
expense of the Government be restored to the like good condition as to
levels and otherwise in which they were before provided however that
these matters shall not already have been taken into consideration in any
compensation paid to the Company.
12. If it becomes necessary at any time to appoint additional watch-
men at road crossings by reason of the altered conditions of Railway
working the costs thereof shall be borne by the Government.
13. The Company shall be at liberty to have their canes carried by
manual labour over the Government lines provided that a competent per-
son is placed in charge of every gang of carriers who shall be responsible
for the safety of such carriers and that no obstruction of any kind is
placed on the line or in proximity to it.
14. The Company will hold the Government and every officer thereof
harmless and indemnified against any claim or action for damage or other-
wise arising in connexion with the carrying of canes across the line as
provided in clause 13 hereof.
15. The Government shall pay to the Company reasonable compen-
sation for crops destroyed or damaged by reason of the making of the said
line or lines.
16.. No compensation shall at any time be payable to the Company for
or in respect of any land taken for the duplication of the line or for the
alteration or restoration of the existing works as provided for in this
agreement and the Company agree to execute all such conveyances as may
be necessary for vesting such land in His Majesty at the expense of the
Government.
17. The Company shall keep the Government and every Officer thereof
harmless and indemnified against all claims or actions for damage or other-
wise for or by reason of anything done or omitted to be done by the Board
of Cipero Commissioners or by the Company, in the operation and work-
ing of the said tramroad prior to the passing of the Ordinance hereinafter
referred to.
18. If the Company shall construct and maintain its private waggons
to the satisfaction of the Engineer to the standard required by the Railway
Regulations as approved by the Governor from time to time such waggons












No. 31.


Cipero Tramroad.


shall, if required, be permitted to work in trains of the Railway worked
by the department during the subsistence of any working arrangements
between the Company and the Railway but they shall be removed from
Railway sidings when not so in use.
19. An Ordinance shall as soon as conveniently may be after the
execution of these presents be introduced into the Legislative Council of
the Colony of Trinidad and Tobago for the following purposes: --
1. To relieve the Cipero Commissioners of their duties and to
terminate their functions.
2. To pass the control and management of the Cipero Tramroad to
the Government Railway Department.
3. To embody and adopt this agreement as and from the time at
which the functions of the Cipero Commissioners shall cease.
20. This agreement shall only come into operation on the date of the
coming into force of the Ordinance hereinbefore referred to and should
such Ordinance not come into force within one year from this date shall
be null and void for all purposes.
IN WITNESS WHEREOF the parties hereto have
hereunto set their hands the day and year first
hereinabove written.
The above was prepared by me,
A. D. O'CONNOR,
Conveyancer.


The Common Seal of Tennants&
Estates, Limited, was hereunto
affixed by the authority of the
Directors of the said Company
and in conformity with the
Articles of Association of the
said Company and in the pre- W. A. TEN
sence of William Augustus Ten-
nant, and Edgar Bee Beck, two -E. B. BECI
of the Directors of the said
Company and in the presence A. S. PEA]
of and countersigned by Alfred
Samuel Pearce, as the Secretary
\ pro tern, of the said Company
in the presence of Charles G.
Rought, 9, Mincing Lane, Lon-
don, Mechanical Engineer.
Signed and delivered by the within)
named Horace Richard Marwood |
in the presence of Jos. A. H. H. R. I
Dowdy, of No. 30, Siparia Hill,
Port-of-Spain, Solicitor's Clerk.) 10/4/1912.
And of me,


Ls


NANT, Dir

K, Director.

iCE, Sec'y p


sector.



ro tern.


MARWOOD.


A D. O'CONNOR,
Conveyancer,


1912.










Cipero Tramroad.


1912.


I, JOSEPH ANTHONY HUBERT DOWDY, of No. 30, Siparia Hill,
in the-town of Port-of-Spain, in the Island of Trinidad, Solicitor's Clerk,
make oath and say that I was personally present on the 10th day of April,
1912, at Port-of-Spain, aforesaid and did then and there see Horace Richard
Marwood one of the parties to the within written deed purporting to be a
deed of two parts made between the said Horace Richard Marwood of the
one part and Tennant's Estates, Limited, of the other part sign and deliver
the same as his act and deed and that the signature '' H. R. Marwood "
thereto subscribed is of the proper handwriting of the said Horace Richard
Marwood and that the signature Jos. A. H. Dowdy" thereto also sub-
scribed as of that of the witness to the execution of the same by the said
Horace Richard Marwood is of the proper handwriting of me this
deponent.


Sworn at the Registrar
Office, Port-of-Spain,
day of May, 1912.


General's)
this 8th I JOS. A. H. DOWDY.

Before me,
B. MONTSERIN,
Acting Deputy Registrar General.


No. 31.


: j




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