New South Wales: Balaclava Tramway Act of 1892 55 Vic (NSW)

1892. 30" VIC. Balaclava Tramwa Ys An Act to authorise the construction and maintenance ofa Tramway from the mines and quarries on Mineral Lease, portion two, parish of Sebastopol, in the Colony of New South Wales, to a point to be determined on Mineral Lease, portion ten, parish Picton, in the said Colony, con- necting with the tramway system of the Broken Hill Mines, [29th March, 1892. ] BArAacuava TRAMWAY, ITEREAS large quantitics of mincral ores exist and are being Preamble. / quarried and mined at the quarries and mines on the lands situate in the parish of Sebastopol, county of Yancowinna, in the Colony of New South Wales, now held under lease from the Crown by Wyman Brown, of Sydney, in the said Colony, gentleman: And whereas lar 20 quantities of timber suitable for fuel exist upon. the said lands: And whereas, for the purpose of facilitating the carriage of the said mincral ores, fuel, and timber from the said quarrics, mines, and lands, the said Wyman Brown is desirous of constructing a single or double tramway for horse, steam, or other traction, over, across, and along the lands described in the Schedule hereto, from the said quarries, mines, and lands, in the said parish of Sebastopol, to a point to be determined on mineral lease, portion ten, parish of Victon, county Yancowinna aforesaid: And whereas such' tramway cannot be made without Legislative authority: And whereas the construction of the said proposed tramway would be largely for the benefit of the mining public by materially decreasing the cost of carriage, thereby enabling the poorer class of ores to he profitably worked, "and would be also the means of supplying the district of Broken Till with cheap fucl, and it is therefore advis able to authorise, by Legislative cnact- ment, the construction and maintenance of the said proposed tramway, subject to the provisions hereinafter contained: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Payliament assembled, and by the authority of the same, as follows :— 1. It shall be lawful for the said Wyman Brown, his heirs, exccutors, administrators, and assigns, upon the terms and conditions and subject to the provisions hereinafter contained, to make anc construct a tramway for the carrying of the said mineral ores, fucl, timber, and of all persons engaged, and all materials, goods, and plant necessary in and about the working thereof, from and to the sai quarries, mines, and Jands in the parish of Sebastopol aforesaid, by the route, and along and over the roads, streets, lands, and reserves, both public and private, deseribed in the Schedule hereto, and to take anc use so much of the said roads, strects, lands, and reserves, both public and private, as may be required for the purposes of such tramway, bu so that the same shall not occupy in part thereof on private lands a greater space in breadth than thirty-three feet, and on public lands in breadth sixty-six feet, including the support and foundations thereof, and to lease, in accordance with section cight of this Act, so much public Authority {9 construct tramway, Levels of line. Tramway to remain property of Wyman Brown, his heirs, executors, adminis- trators, and assigns, Authorised persons to have rights over streete. Carriage. To employ horse, steam, or other motive power. Wyman Brown, his heirs, executors, administrators, and assigns not entitled to mincrals. Power to grant leases of land for tramway. Before commencing tramway, survey to be made. 55° VIC. 1892. Balaclava Tramway. public lands adjoining the said tramway not exceeding in the aggregate eighty acres, as may be required for the purpose of constructing tanks, sidings, or other necessary works in connection with such tramway. The gauge of the said tramway shall be three feet six inches, and where it traverses public thoroughfares shall be laid at about the general level of such thoroughfares and so that the rails shall not project above the surface thereof; and the said Wyman Brown, his heirs, executors, administrators, or assigns, shall maintain in perfect order and repair the said tramway, and where the said tramway traverses public thoroughfares, shall maintain, perfect, and keep in order and repair the pavements of the same between the rails of the said tramway, and for the space of one foot six inches on each side of the said rails, and furthermore shall erect and maintain all necessary causeways in connection with the said tramway. 38. The tramway and the material thereof shall not ecase to be the property of the said Wyman Brown, his heirs, executors, adminis- trators, and assigns, by reason of the same being laid as aforesaid. 4. The said Wyman Brown, his heirs, executors, administrators, and assigns, and all other person or persons duly authorised, shall have all necessary rights over the roads, strects, and lands described in the Schedule to this Act as are required for the construction, repair, completion, and use of the said tramway: Provided that there shall be no interference with ordinary traffic beyond what is reasonable and necessary for such purpose. 5. The tramway shall be for the use of the said Wyman Brown, his heirs, executors, administrators, and assigns, and of all persons engaged by him or them in and about the carriage, winning, and obtaining of fuel and timber and the said mincral ores, and for the carriage of the said fuel, timber, and mineral ores, and of all plant, goods, and things necessary in and about the winning and obtaining the same, and shall be confined to the conveyance of such mineral ores and fuel, timber, and plant as aforesaid, and of all goods and things necessary in and about the same, and of all persons engaged in and about the same as aforesaid, to and from the said quarries, mines, and lands of the said Wyman Brown. 6. It shall be lawful for the persons using the said tramway to employ horses, steam, or other motive power, aud carriages, Waggons, or trucks to be drawn ther eby. 7. The said Wyman Brown, his heirs, executors, administrators, and assigns shall not be entitled to any mines of coal, iron, slate, or other minerals under any land whereof the surface is vested in him or them by virtue of this Act except only such parts thereof as shall be necessary to be dug or carried away in the construction of the works hereby authorised, and such mines shall not be deemed to vest in the said Wyman Brown, his heirs, executors, administrators, and assigns. 8. Upon the completion of the tramway and works authorised by this Act, it shall be lawful for the Governor, with the advice of the Executive Council, in consideration of such completion, to grant to the said Wyman Brown, his heirs, exceutors, administrators, or assigns, a lease, or leases, for a term not exceeding twenty-one years of suel Crown lands as shall have been necessarily used or taken for the said tramway at an annual rental not exeeeding two shillings per acre, 9. Before commencing the said tramway by this Act authorised to be made, the said Wyman Brown, his heirs, exceutors, adminis- trators, or assigns shall, by some qualified engineer by them to be appointed, cause to be made and taken levels and surveys of the private 1892. - 55° VIC. 39 Balaclava Trannway. private lands through which such tramway is to be carried, together with a map or plan of the line of the said tramway, and of the lands through which it is to pass: Provided that it shall be lawful for the said Wyman Brown, lis heirs, executors, administrators, or assigns, to deviate in the route of the said tramway to the extent of not more than one and a-half miles on cither side of the line described in the Schedule hereto annexed. And the said map or plan shall be kept. at To be open to public some convenient office at Broken Hill, and true copies thereof, signed Peo" by the said Wyman Brown, his heirs, executors, administrators, and assigns, shall be deposited with the clerk of Petty Sessions, at Broken Till aforesaid, and such map or plan and copies thereof respectively shall be opened at all convenient times for public cxamination from the day of the date on which such notice as in the next succeeding section is provided shall be first published, and all persons shall be at liberty at all proper and convenient times to inspect the said map or plan or copies as aforesaid. 10. The said Wyman Brown, his heirs, executors, adminis- Notice to be given of trators, or assigns shall by advertisement in the Government Gazette (rnin © mke and in one or more Sydney newspapers, and in one or more newspapers published or circulating in Broken Jill respectively, at least thirty days before the commencement of the formation of the tramway, give notice that they intend to construct the said tramway between the places thereof specified, according to a map or plan to be seen at an office (in the said notice specified) in Broken Hill aforesaid, and at the office of the said Clerk of Petty Sessions. 11. When the said Wyman Brown, his heirs, executors, Notice of Jands administrators, or assigns shall have made and completed the map or *7edlorraanay- plan hereinbefore required to be made, he or they shall give notice in writing of the lands taken and required for the said tramway, to all the parties interested in such lands, or to such of the said partics as shall be known to the said Wyman Brown, his heirs, exccutors, . administrators, or assigns. And every such notice shall state the particulars of the lands so taken or required as aforesaid, and that the said Wyman Brown, his heirs, executors, administrators, or assigns, is or are willing to treat as to the compensation to be made to all parties for the lands taken or to be taken, and the damage sustained or to be sustained by them by reason of the exercise of the powers conferred by this Act, and shall demand in the said notice from such parties, and the said parties are hereby required to deliver forthwith to the said Wyman Brown, his heirs, executors, administrators, or assigns at the cost of the said Wyman Brown, his heirs, executors, adminis- trators, or assigns, the particulars of their estate and interest in such lands, and of the claims made by them in respect thereof, together with an abstract of their title to such land, and if they claim in respect of damage the nature of the damage which they have sustained or will sustain hy reason of the taking of such lands. 12. All notices required to be served by the said Wyman Service of notice on Brown, his heirs, executors, admininistrators, or assigns, upon the owners and occupiers parties interested in or entitled to sell any such lands, shall either he served personally on such parties or left at their last usual place of abode (if any such can after diligent inquiry be found), and in case any such parties shall be absent from the Colony or cannot be found alter diligent inquiry, shall be left with the occupier of such lands, or if there be no such occupier, shall be aflixed upon some conspicuous part of such lands. 5. In case of accidents or slips happening or being appre- Power to enter upon hended to the cuttings, embankments, or other works of the said sei niente tramway, it shall be lawful for the said Wyman Brown, his heirs, subject to certam exee utors, restrictions. Compensation to be settled by arbitration Prozee lings in case of disability of arbitrator. 50" VIC. 1892. Balaclaca Tramway. executors, administrators, and assiens, and his or their workinen and servants, to enter upon the land adjoining thereto at any time whatsoever for the purpose of repairing or preventing such accidents and to do such works as may be neeessary for the purpose; but in every such case the said Wyman Brown, his heirs, executors, administrators, or assigns, shall, within fourteen days after such entry, make a report to the Seerctary for Public Works, specifying the nature of such accident or apprehended accident and of the works necessary to be done, and such powers shall ecase and determine if the said Secretary shall, after considering the said report, certify that their exercise is not necessary for the public safety: Provided also that such works shall be as little injurious to the said adjoining lands as the nature of the accident or apprehended accident will adinit of, and shall be executed with all possible despatch, and full compensation shall be made to the owners and occupiers of such lands for the loss or injury or inconvenience sustained by them respectively by reason of such works, the amount of which compensation, in case of any dispute about the same, shall be sottled by arbitrators in the manner hereinafter mentioned. And provided also that no land shall be taken permanently for any such works otherwise than is herein provided with respect to the lands originally taken for the purpose of making the said tramway. 1, Tf within twenty-cight days of the service of such notice as aforesaid the said persons through whose lands the tramway shall pass, or any of them, and the said Wyman Brown, his heirs, executors, administrators, and assigns, shall not agree as to the amount of compensation to be paid by him or them for the said lands belonging to the said parties, or any of them, or for any damage that may be sustained by them or him, by reason of the execution of the works, or ifany other question as to compensation shall arise under this Act, the amount of such compensation shall be settled by arbitrators in manner hereinafter mentioned (that is to say), unless both parties concur in the appointment of a single arbitrator, each party on the request of the other shall nominite and appoint an arbitrator to whom such dispute or other matter shall be referred; and every appointment of an arbitrator shall be under the hand and seal of such person or persons respectively ; and such appointment shall be delivered to the arbitrator or arbitrators, and shall be deemed a submission to arbitration on the part of the party by whom the same shall be made; and after any such appointment shall have been made, neither party shall have power to revoke the same without the consent of the other, nor shall the death of cither party operate as a revocation; and if for the space of fourtecn days after such dispute or other matter shall have arisen, and after a request in writing shall have been served by the one party on the other party to appoint an arbitrator, such last-mentioned party shall fail to appoint such arbitrator, then upon such failure it shall be lawful for the Attorney-General for the time being of the said Colony, on the application of the party who has himself appointed an arbitrator to appoint such arbitrator to act on behalf of both parties, and such arbitrator may proceed to hear and determine the matter which shall be in dispute, and in such ease, the award or determination of such single arbitrator shall he final ard conclusive. 15. If before the matter so referred shall be determined any arbitrator appointed by either party shall dic, or become incapable, or refuse, or for fourteen days neglect to act as arbitrator, the party by whom such arbitrator was appointed may nominate and appoint in writing some other person to act in his place, and if for the space of seven days after notice in writing from the other party for that purpose he fail to do so, the remaining or other arnitrator may proceed alone ; and 1892. 55° VIC. 41 Balaclava Tramway. and every arbitrator so to be substituted as aforesaid, shall have the same powers and authorities as were vested in the former arbitrator at the time of such his death, refusal, neglect, or disability as aforesaid. 16. Where more than one arbitrator shall have been appointed, Appointment of such arbitrators shall, before they enter upon the matters referred to"? them, nominate and appoint in writing under their hands an umpire, to decide any matters on which they shall differ, or which shall be referred to them under the provisions of this Act, and if sueh umpire shall dic, or refuse, or for seven days neglect to act after being called upon so to do by the arbitrators or cither of them, they shall forthwith after such death, refusal, or neglect, appoint another umpire in his place, and the decision of every such umpire upon the matters so referred to him shall he final. 17. If in cither of the cases aforesaid the arbitrators shal] Neglect to appoint refuse, or for seven days after request of cither party to such arbitra-""!" tion negleet to appoint an umpire, it shall be lawful for the Attorney- Gencral for the time being, on the application of cither party to such arbitration, to appoint an umpire, and the decision of such umpire on the matters on which the arbitrators shall differ or which shall be referred to him under this Act, shall be final. 18. If, when a single arbitrator shall have been appointed, such I case of disability arbitrator shall die or become incapable, or shall refuse, or for fourteen of tingle arbitrator, days neglect to act before he shall have made his award, the matters referred to him shall be determined by arbitration under the provisions of this Act, in the same manner as if such arbitrator had not been appointed. 19. If when more than one arbitrator shall have been appointed, Arbitrators failing to and when neither of them shall die, become incapable, refuse, or eye (nee war' neglect to act as aforesaid, such arbitrators shall fail to make their umpire. award within fourteen days after the day on which the last of such arbitrators. shall have been appointed, or within such extended time (if any) as shall have heen appointed for that purpose by both of such arbitrators, under their hands, the matters referred to them shall be determined by the umpire to be appointed as aforesaid. 20. The said arbitrator or arbitrators, or his or their umpire, Athitrators may may call for the production of any documents in the possession or deuwneke power of cither party, which they or he may think necessary for determining the question in dispute, and may examine the parties or their witnesses on oath, and administer the oaths necessary for that purpose. . 21. Before any arbitrator or umpire shall enter upon the consider- Declaration hy ation of any matter referred to him, he shall, in the presence of a Justice anne er of the Peace, Notary Public, or Commissioner for Affidavits for the said Colony, make and subscribe the following declaration, that is to say— I, A.B., do solemnly and sincerely declare that I will faithfully and honestly and to the best of my skill and ability hear and determine the matters referred to me under the provisions of the " Balaclava Tramway Act." Made and subscribed at in the presence of ALB. And such declaration shall be annexed to the award when made, and if any arbitrator or umpire having made such declaration shall wilfully act contrary thereto he shall be guilty of a misdemcanour. 22. All the costs of any such arbitration and incident thereto Cost of arbitration, shall be in the discretion of the arbitrator or arbitrators or umpire, how to be borne, and the costs of the arbitrator or arbitrators or umpire shall be borne by the parties in equal proportions, unless the amount awarded shall be one-fourth, or more, less than the amount which shall have been offered Costs may be taxed Arbitrators 01 umpire to deliver award to Wyman Brown, his heirs, executors, adminis- trators and assigns. Compensation to be paid within sixty days after publica- tion of award. Submission may be made a rule of Supreme Court. Award not to be sct aside for irregularity. Compensation in cases of negligence. Compensation in cases of tewporary possession. Proceedings in absence of owner, 55° VIC. 1892. Balaclava Tramway. offered by the said Wyman Brown, his heirs, executors, adminis- trators, and assigns, in which case the whole costs of the arbitration, and also the costs of and incident to the said arbitration, shall be paid by the claimant: Provided that, if either party shall be dissatisfied with the costs allowed by the said arbitrator or arbitrators or umpire as aforesaid, the costs may be taxed by the Prothonotary, or other proper officer of the Supreme Court, and the amount allowed by such officer shall be the amount of costs to be paid. 9¢ 3. The arbitrator, arbitrators, or umpire shall deliver their or his award in writing to the said Wyman Brown, his heirs, executors, administrators, and assigns, who shall retain the same, and shall forthwith, on demand, at his or their own expense, furnish a copy thereof to the other party, and shall at all times, on demand, produce the said award, and allow the same to he inspected or examined by such party or any person appointed by him for that purpose, and the amount awarded shall be paid within sixty days after the publication of the award. 24, The submission to any such arbitration may be made a rule of the Supreme Court on the application of cither of the parties. 25. No award made with respect to any question referred to arbitration under the provisions of this Act shall be sct aside for irregularity or error in matter of form. 26. The said Wyman Brown, lis heirs, executors, adminis- trators, and assigns shall make compensation aad satisfaction, to be ascertained and recovered in case of difference in the manner hereby provided, for temporary, permanent, or recurring injury, and all other damage, loss, costs, charges, and inconvenience which may in anywise be occasioned to the owners and oceupiers of the lands through which the said tramway shall pass, by the non-performance or negligent per- formance by the said Wyman Brown, his heirs, executors, "adminis- trators, and assigns, of any of the matters or things hereby required or authorised to be performed by them. 27. In every case where the said Wyman Brown, his heirs, exccutors, administrators, and assigns shall take temporary possession of lands by virtue of the powers hereby granted, it shall be ineumbent on him or them within three months after entry upon such land, upon being required so to do, to pay to the occupier of the said lands the value of any crop or dressing that may be thereon, and damaged or injured by such entry, as well as full compensation for any otier damage of a temporary nature which he may sustain by reason of such entry, and shall also from time to time during their occupation of the said lands pay half-yearly to such occupier, or to the owner of the lands, as the casc may require, a rent, to be fixed by two Justices in case the parties differ; and shall also, within twelve months after such entry, pay to such owners and occupiers, or deposit in the bank for the benefit of all parties interested, as the case may require, com- pensation for all permanent or other loss, damage, cr injury that may have been sustained by them by reason of the exercise, as regards the said lands, of the powers hereby granted, including the full value of all clay, stone, gravel, sand, and other things taken from such lands. 28. If the owner of any lands required to be taken for the construction of the said tramway is absent from the Colony, or cannot upon diligent inquiry be found, or is under disability, or if any such Jands ave vested in persons who have respectively only limited or qualified interests therein, and who cannot enter into binding agice- ments with the said Wyman Brown, his heirs, executors, udminis- trators, and assigns for the purchase of such lands, or join in submitting their claims for compensation to arbitration as hereinbefore provided, the 1892. 55° VIC. Balaclava Tramway. the purchase money or compensation payable by the said Wyman Brown, his heirs, executors, administrators, and assigns, in respect of such lands, shall be determined by the valuation of a surveyor, to be nominated as hereinafter mentioned. 29. Upon application by the said Wyman Brown, his heirs, executors, administrators, and assigns to two Justiccs, and upon such proof as may be satisfactory to them that there is no person in the Colony or to be found who can enter into a binding contract with the said Wyman Brown, his heirs, executors, administrators, and assigns, or join with the said Wyman Brown, his heirs, exccutors, adminis- trators, and assigns in submitting his claims for compensation to arbitration in respect of any lands required to be taken for the construction of the said tramway, such Justices shall by writing under their hands nominate a licensed surveyor for determining such com- pensation as aforesaid, and such surveyor shall determine the same accordingly, and shall annex to his valuation a declaration in writing subscribed by him of the correctness thereof. 30. Before such surveyor shall enter upon the duty of making such valuation as aforesaid he shall in the presence of such Justices or one of them make and subscribe the following declaration at the foot of such nomination, that is to say : I, A.B., do solemnly and sincerely declare that [ will faithfully, impartially, and honestly, according to the best of my skill and ability, execute the duty of making the valuation hereby referred to me. Madefand subseribed at in the presence of A.B. And if any such surveyor shall corruptly make such declaration or having made such declaration shall wilfully act contrary thereto, he shall be guilty of a misdemeanour. 81. The said nomination and declaration shall be annexed to the valuation to be made by such surveyor, and shall be preserved together therewith by the said Wyman Brown, his heirs, executors, administrators, and assigns; and they shall at all times produce the said valuation and documents on demand to all parties interested in the lands comprised in such valuation. 32. All the expenses of and incident to any such valuation shall be borne by the said Wyman Brown, his heirs, executors, administrators, and assigns. 83. If the amount of compensation determined hy any such surveyor does not exceed the sum of fifty pounds, if shall, except in the cases where the owner is absent from the Colony, or cannot be found, be paid by the said Wyman Brown, his heirs, executors, administrators, and assigns to the pers.:, or persons for the time heing entitled to the rents and profits of the lands in respect whercof the same shall be payable for their own use and benefit, or in the case of the coverture, infancy, idiotcy, lunacy, or other incapacity of any such persons, then such money shall be paid for their use to the respective husbands, guardians, committees, or trustees of such persons. 34. If the amount of compensation determined by any such surveyor as aforesaid exceeds the sum of fifty pounds, or in. the cases where the owner is absent from the Colony, or cannot be found, whether it execeds the sum of fifty pounds or not, it shall be paid by the said Wyman Brown, his heirs, executors, administrators, and assiens into the hands of the Master in Equity of the Supreme Court in the matter cf this Act, in trust for the parties interested in the lands in respect of which it is paid in; and a certificate from the said Master Justices to appoint surveyor in certain cases, Declaration by surveyor, Production of vauation, &e. Cost of valuation, hhow borne. Compensation not exceeding £50 how to be dealt with. Compensation how dealt with in absence of owner. 44. Cases of dispute Shoriff may isst.e warrant. Power of purchase of railway by Government. Power to assign.' Commencement and eompletien of work. Sor better securing Trust Funds, and for the relief of Trustees." ° VIC. Balaclava Tramway. 1892. Master in Equity of the fact of the money being so paid in shall be a sufficient discharge to the said Wyman Brown, his heirs, exccutors, administrators, and assigns, for the money so paid: Provided that: all moneys so paid in shall be dealt with by the Supreme Court in the same manner in all respects as moneys paid in under an Act passed in the twenty-first year of Her present Majesty, and entitled "An re And shall be subject, in all respects, to the provisions of the said Act, and all rules of the said Court mad 35. If in any case in w Act, the said Wyman Brown, assigns, is authorised to enter required for the purposes of t of any such lands, or any possession thereof, or hinder executors, administrators, and possession of the same, it shal e thereunder. hich, aeccording to the provisions of this his heirs, executors, administrators, and upon and take possession of any lands 1e said tramway, the owner or occupicr other person, shall refuse to give up the said Wyman Brown, his heirs, assigns, from entering upon or taking be lawful for the said Wyman Brown, his heirs, executors, administrators, and assigns, to issue his or their warrant to the sheriff to deliver possession of the same to the persons appointed by the said Wyman Brown, his heirs, executors, adminis- trators, and assigns in such warrant, to reccive the same, and upon receipt of such warrant the sheriff shall deliver possession of any such lands accordingly, and the costs aceruing by reason of the issuing and execution of such warrant, to be settled by 'the sheriff, shall be paid by the party so refusing to give possession, and the amount of such costs shall be deducted and retained by the said Wyman Brown, his heirs, executors, administrators, and assigns, from the compensation (if any) then payable to such person refusing to give possession; or if no such compensation shall be payable to such person, or if the same be less than the amount of such costs, then such costs, or the excess thereof beyond the amount of such vompensation, if not paid on demand, shall be levied by distress, and upon application to any Justice of the Peace for that purpose he may issue his warrant accordingly. 36. At any time the Governor, with the advice of the Executive Council, may, if he think fit, purchase such tramway, upon giving to the said Wyman Brown, his heirs, executors, administrators, and assigns, three months' notice in writing of his intention. to do so. If the amount tendered for the purchase of the property be considered inadequate by the said Wyman Brown, his heirs, executors, adminis- trators, and assigns, the amounts shall be ascertained by assessment, in terms of the " Public Lands Acquisition Act." 37. It shall be lawful for the said Wyman Brown, his heirs, executors, administrators, and assigns, at any time, by any decd or instrument in writing, to assign and transfer all the 'rights, powers privileges, benefits, and adv antages conferred upon him or them by this Act, to any person or persons, or to any duly ineorporated com- pany, and upon any such transfer or assignment being signed or executed, the person or persons, or duly incorporated company in whose favour such transfer or assignment is made, shall then stand in the place of the said Wyman Brown, his heirs, executors, adminis- trators, and assigns, and shall have all the rights, powers, benefits, privileges, and advantages conferred upon the said Wyman Brown, his heirs, executors, administrators, and assigns, by this Act. 388. The work in connection with the construction of the said tramway hereby authorised must be commenced within six months from the passing of this Aci, and the said tramway must be completed within two years from the date of the passing of this Act: Provided that the said Wyman Brown, his heirs, executors, administrators, and assigns 1892. 53° VIC. Balaclava Tramway. assiens shall not be entitled to any of the rights and_ privileges conferred upon him or them by this Act, unless he or they shall have commenced the projected tramway within the period of six months, and completed the same within a period of two years from the date aforesaid. 39. In this Act the words Justices or Justice shall mean Justices or a Justice of the Peace in and for the territory of New South Wales, and where any matter shall be authorised or required to be done by two Justices the expression "two Justiecs " shall mean two Justices assembled and acting together in Petty Sessions, and the word " owner" shall mean any person or corporation who, under the provisions of this Act, would be able to sell land to the said Wyman Brown, his heirs, executors, administrators, or assigns. 40. This Act may for all purposes be cited as the " Balaclava Tramway Act of 1892. a SCHEDULE. Commencing at a point on the Broken Hill Proprietary tram line, to be deter- mined on mineral lease (10) ten, in the parish of Picton, county of Yancowinna ; thence in a south-westerly dircetion through mineral leases numbers thirty-cight, fifty. one, ninety-two, six, and five, about sixty chains ; thence south-easterly through mineral leases. numbers eighty-eight, cighty-nine, one hundred and sixty-seven (167), one hundred and eleven (111), vand one hundred and twelve (112), entering parish of Soudan ; thence south-casterly through homestead lease 87-5; thence south- easterly through mineral leases numbers one hundred and seventy-two, and one hundred and seventy- - three, entering parish of Sebastopol; thence south-casterly to mineral lease number two, parish of Sebastopol, county of Yancowinna, making a total distance from Broken Mill to the Balaclava mines and quarries of about twelve miles ; the limit of deviation allowed by this Act shall be one and a half miles on each side of the above deseribed line. An Toterpretation clause, hort title.