New South Wales: Capertee Tramway Act (NSW)

Act, 1899, Capertee Tramway. An Act to authorise John Lang, of Sydney, in the Colony of New South Wales, merchant, his heirs, executors, administrators, and assigns, or any company duly registered for that purpose by agreement with the said John Lang, his executors, administrators, or assigns, to construct and mnaintain a Tram- way from a point near the north-cast corner of lease number twenty, in the parish of Gindantherie, county of Cook, to the Mudgee Railway; and to use stean or other motive power upon the said Tramway, and to carry passengers, goods, live stock, ore, and other things over the said Tramway, for hire, for the public generally. [29th December, 1899. ] CAPERTEE 'Tramway. VAT ILTEREAS the agricultural and pastoral lands to the west of the Preamble. ! Mudgee line, in the valleys of the Capertee, Coco, and neigh- bouring streams, are of such value and extent that they would be greatly convenienced and rendered of greater value and utility and enabled to produce crops that, owing to the difficulty of transit, are not at present put in, but would be if railway accommodation were provided, while the extensive mineral deposits known to exist in the mountain ranges would be explored and developed: And whereas John Lang, merchant, is desirous of constructing a tram- way from mineral lease number twenty, parish of Gindantheric, county of Cook, to the Mudgee Railway : And whereas it is proposed to construct such tramway through certain lands, streets, and roads described in the Schedule hereto, but the said tramway cannot be constructed without legislative authority: And whereas it is expedient to confer upon the said John Lang authority to construct, maintain, and use the said tramway subject to the provisions herein- after contained: And whereas it is expedient that power should he conferred upon the said John Lang to transfer and assign his rights, powers, authorities, obligations, and liabilities under this Act to any company duly incorporated for that purpose: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent Authority to con- struct tramway. Gauge, levels of line, repairs, Ke. Act, 1899. Capertee Tramway. consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :— 1. It shall be lawful for the said John Lang, his heirs, exccutors, administrators, and assigns, or any company duly registered for that purpose by agreement with the said John Lang, his heirs, executors, administrators, or assigns, upon the terms and conditions and subject to the provisions hereinafter contained, to make, construct, control, and maintain a tramway for the carrying of mincrals, fucl, goods, live stock, and other things for hire, also passengers, from a point near the north-east corner of mincral lease number twenty, parish of Gindantherie, county of Cook, as aforesaid, as also along the line of tramway, by the route, and over, across, and along the roads. strects, rivers, water-courses, lands, and reserves, both public and private, described in the Schedule hereto; and to use so much of the said roads and streets, and to take and use so much of the lands and reserves, both public and private, as may be necessary for the purposes of such tramway, but so that the same shall not occupy in part thereof on public or private lands a greater space in breadth than ninety-nine feet, including the support and foundations thereof: Provided that it shall be lawful to deviate from the line of tramway described in the Schedule to this Act, on cither side thereof, at any part thereof to a distance not exceeding one and a half miles, and the said tramway shall he constructed in a proper and workmanlike manner to the satis- faction of the Engineer-in-Chicf for Railway Construction and the Railway Commissioners. 2. The gauge of the said tramway shall be at the option of the said John Lang, his heirs, executors, administrators, or assigns from two feet to four feet cight and a half inches, and where it traverses public thoroughfares shall be laid and maintained at about the general level of such thoroughfares and so that the rails shall not project above the surface thereof; and the said John Lang, his heirs, executors, administrators, or assigns shall maintain in perfect order and repair the said tramway, and the hballasting 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 construct and maintain all necessary bridges and causeways in connection with the said tramway: Provided that such repairs, construction, and maintenance shall be carried out to the satisfaction of the Railway Commissioners, who may at any time call upon the said owner to provide such additional works as may, in the opinion of the Railway Commissioners, be necessary for the proper and safe working of the branch line, and should the said owner fail to carry out such: works the Governor, with the advice of the Execu- tive Council, may declare the line to be 'closed, until such time as the works specified have been carricd out, and if the line should be worked during Act, 1899. 35 Capertee Tranwway. during such closure, the said John Lang, his heirs, executors, adminis- trators, or assigns shall be subject to a penalty not exeeeding one hundred pounds per day for each and every day the line is so worked. 8. The said John Lang, his heirs, cxeeutors, administrators, OF Works for benefit of assions shall construct and at all times maintain the following works °*"™ for the safety of the public and the accommodation of the owners and occupiers of lands adjoining the said tramway, that is to say :— Such and so many convenient gates, bridges, arches, culverts, and Gates, bridges, &e passages over, under, or by the side of, or leading to or from the said tramway, as shall be neeessary for the purpose of making good any interruptions caused by the said tramway to the use of the lands through which the said tramway shall be made; and such works shall be made forthwith after the part of the said tramway passing over such lands shall have been laid out or formed, or during the formation thereof, Also sufficient posts, rails, hedges, ditches, mounds, or other Fences. fences for separating the land taken for the use of the said tramway from the adjoining lands not taken, and protecting such lands from trespass, or the horses or cattle of the owners or occupiers thereof from straying thereout by reason of the said tramway, together with all necessary gates made to open towards such adjoining lands and not towards the said tram- way; and all necessary stiles, and such posts, rails, and other fenees shall be made forthwith after the taking of any such lands, if the owners thereof shall so require, and the said other works as soon as conveniently may be. Also all necessary arches, tunnels, culverts, drains, or other Drain. passages cither over or under, or by the sides of the said tramway, of such dimensions as will be sufficient at all times to convey the water as clearly from the lands lying near or affected by the said tramway as before the making of the said tramway, or as nearly so as may he, and such works shall be made from time to time as the said tramway works proceed : Provided always that the said John Lang, his heirs, executors, administrators, or assigns shall uot be required to make such accom- modation works in such a manner as would prevent or obstruct. the working or using of the said tramway, nor to make any accommoda- tion works with respect to which the owners and occupiers have agreed to receive and shall have been paid compensation instead of making them. 4. If any person omit to shut and fasten any gate set up at Penalty on persons either side of the tramway for the accommodation of the owners or wate ee fasten occupiers of the adjoining lands, so soon as he and the carriages, cattle, or other animals under his care have passed through the same, he shall forfeit for every such offence any sum not exceeding ten pounds. 6. Authorised persons 1o have rights over streets, To carry passengers, &e., for hire. Rates of fares and charges. Tramway for use of public. To employ steam or other motive power, Act, 1899. Capertee Tramway. 5. The said John Lang, his heirs, executors, administrators, and assigns, and all other persons duly authorised, shall have all necessary rights over the roads, streets, and lands described in the Schedule to this Act as are required for the construction, repair, completion, and use of the said tramway, and for the erection, maintenance, and repair, and all necessary sidings and buildings in connection therewith : Provided that tliere shall be no interference with ordinary traffic beyond what is reasonable and necessary for such purpose. 6. It shall be lawful for the said John Lang, his heirs, execu- tors, administrators, and assigns, his agents, or servants, to carry passengers, goods, live stock, minerals, material, and other things over and along the said tramway for hire for the public. The maximum tolls, rates, fares, and charges to be fixed by any by-laws made hereafter shall not exceed the following, that is to say— (1) For passengers, a sum not exceeding twopence each per mile. (2) For goods and merchandise. a sum not exceeding fivepence per ton per mile, with such minimum rate for parcels as may be fixed by the by-laws: Provided postal mail-bags shall be carried on the same conditions as provided by the Government railways. (8) For live stock a sum not exceeding sixpence per head pér mile for horses or horned cattle, and for sheep a sum not exceeding one penny per head per mile, with a minimum charge of fifteen shillings in either case. (4) For ores, kerosene shale, and other minerals not exceeding threepence per ton per mile per truck load. 7. The tramway shall be for the use of the public and for the conveyance for hire of passengers, goods, minerals, and live stock Provided that all tolls be at all times charged equally to all persons, and after the same rate, whether per ton, per mile, or otherwise, in respect of all passengers and of all goods, minerals, live stock, or carriages of the same description, and conveyed or propelled by a like carriage or engine passing only ever the same portion of line of tram- way under the same cirewnstanccs ; and no reduction or advance in any such tolls shall be made, directly or indirectly, in favour of or against any particular company or person travelling upon or using the tramway. 8. It shall be lawful for the said John Lang, his heirs, executors, administrators, and assigns, to use and employ steam or other motive power, and carriages, waggons, or trucks to be drawn thereby upon the said tramway: Provided that all rolling stock before and during use shall he subject to the approval of the Railway Commissioners : Provided further that if any rolling stock be used without such approval, the said John Lang, his heirs, executors, administrators, or assigns shall be subject to a penalty not exceeding one hundred pounds. 9. Act, 1899, 37 Caper tee Tramoay. It shall he law ful for the said John Lang, his heirs, executors, Authority to enter administrator and assigns, and his and their workmen and servants to upon Railway | enter upon the Railway Commissioners' property at a point on the property and Mudgee line, and runa line parallel with the existing line for any neces- onvnet line of sary distance the point of entry, parallel line, the plans and work to be , approved by the Railway Commissioners, and such payment to be made for the use of any land or station as may, in the opinion of the Railway Commissioners, be deemed reasonable. All works necessary in connection with the junction of railway line to be done by the Railway Commissioners at the expense of the said John Lang. 10. In case of accidents or slips happening or being apprehended Power to enter upon to the cuttings, embankments, or other works of the said. tramw ay, deta it shall be lawful for the said John Lang, his heirs, executors, adminis- subject to certain trators, and assigns, and his or their workmen and. ser vonts, to enter Tstrietions, upon the lands adjoining thereto at any time whatsoever for the pur- pose of repairing or preventing such accidents, and to do such works as may be necessary for the purpose ; hut in every such case the said John Lang, his heirs, executors, administrators, or assigns shall, within fourteen days after such entry, make a report to the Railway Commis- sioners, specifying the nature of such accident-or apprehended accident and of the works necessary to be done, and such powers shall cease and determine if the said Railway Commissioners 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 appre- hended accident will admit 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 scttled by arbitrators in the manner hercinafter mentioned. ; 11. The said John Lang, his heirs, executors, administrators, Jonn Lang, and assigns shall not be entitled to any mines of coal, slate, or other his heirs, executors, administ rators, and minerals under any land whereof the sturface only is vested in him or assigns not entitled them by virtue of this Act, exeept only such parts thereof as shall be t mines. 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 John Lang, his heirs, executors, administrators, and assigns. 12. Itshall be lawful for the Minister for Lands, with the consent Lease of Crown lands of the Governor, with the advice of the Executive Council, to grant ™* he granted. to the said John Lang, his heirs, administrators, or assigns, a lease of such Crown lands as may be necessary for the purposes of this Act atan annual rental of ten pounds per year ; and such lease as aforesaid shall operate and take effect merely asa license to the said John Lang to con- struct and maintain the works hereby contemplated, and shall terminate when the Government shall have resumed the tramway. 13. Se Compensation for resumptions, &e. Service of notice on owners of lands, Compensation to be settled by arbitration, Act, 1899. Capertee Tr 'amuay. 13. Before proceeding with the construction of the said tram- way extension or any section thereof, the said John Lang, his heirs, executors, administrators, or assigns shall give notice of the lands taken or required for the said tramway in manner hereinafter provided. Every such notice shall state the particulars of the lands so taken or required as aforesaid. That the said John Lang, his heirs, executors, administrators, or assigns is or are willing to treat as to the compen- sation 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 the exercise of the powers conferred by the Act, and shall demand in the said notice from such parties, and the said parties are hereby required to deliver forthwith to the said John Lang, at the cost of 'the said John Tang, his heirs, executors, administrators, or assigns, the particulars of their estate and interest in such lands, and of the claims made by them in respect hereof, and such other particulars in such form as may be prescribed together with an abstract of their title to such land, ad if they claim in respect of damage the nature of the damage which they have sustained or will sustain by reason of the taking of such lands. 14. Subject to the provisions hereinafter contained as to com- pensation to absent owners, all notices required to be served by the said John Tang, his heirs, executors, administrators, and assigns upon the parties interested in or entitled to sell any such lands shall cither he served personally upon 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 he found after inquiry, shall be left with the oceupier of such lands, or if there he no such oceupicr shall be affixed upon some conspicuous part of such lands; anda copy of such notice shall be published by and at the expense of the said John Lang once a week for four consecutive weeks in a Sydney newspaper, and similarly in the Government Gazctte, and shall also be posted and kept posted at the post office nearest to the land to er such notice refers for a period of one month. . If within sixty days of the commencement of this Act the said peweons other than' the Railw ay Commissioners through whose and the tramway shall pass, or any of them, and the said John Lang, his 1eirs, executors, administrators, or assigns shall not agree as to the amount of compensation to be paid by him or them for the said lands »clonging 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 if any other question as to compensation shall arise under this Act, the amount of such compensation shall be settled by arbitra- ors in manner hereinafter mentioned (that is to say), unless both parties concur in the appointment of a single arbitrator, cach party on the request of the other shall nominate and appoint an arbitrator to whom such dispute or other matter shall be referred ; and Act, 1899. Capertee Tramway. and any 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 fourteen days after such dispute or other matter shall have arisen, and after a request in writing shall have been served by the one party ov 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 procecd to hear and determine the matters which shall be in dispute, and in such case the award or determination of such single arbitrator shall be final and conclusive : Provided that the said Johe Lang shall compensate owners for all lands taken at such price as may be agreed upon or awarded by the arbitrators, together with interest at the rate of six pounds per centum per annum from date of resumption. 16. If before the matter so referred shall be determined any arbitrator appointed by either party shall dic, or become ineapable, or refuse, or for fourteen days neglect to act as arbitrator, the party by whom such arbitrator was appointed may nominate aud 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 arbitrator may procecd alone ; 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. 17. Where more than one arbitrator shall have been appointed, 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 whieh shall be referred to them under the provisions of this Act, and if such umpire shall dic, or refuse, or for seven days negicct 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 be final. 18. If in cither of the cases aforesaid the arbitrators shall refuse, or for seven days after request of cither party to such arbitrators neglect to appoint an umpire, it shall be lawful for the Attorney- General for the time being, on the application of cither pariy to such arbitration Proceedings in case of disability of arbitrator. Appointment of umpire. Neglect to appoint unpire, Tn ease of disability of single arbitrator. Arbitrators failing to make their award, matters referred to umpire. Arbitrators may order production of documents, &c, Declaration by arbitratorsor umpire. Damage and severance to be considered by arbitrators, Act, 1899. Capertee Tramway. arbitration to appoint an umpire, and the decision of such umpire on the matters on which the arbitrators differ or which shall be referred to him under this Act shall be final. 19. If, when a single arbitrator shall have been appointed, such arbitrator shall die or become incapable, or shall refuse, or for fourtcen 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. 20. If, when more than one arbitrator shall have been appointed, and when neither of them shall die, become incapable, refuse, or neglect to act as aforesaid, such arbitrators shall fail to make their award within fourteen days after the day on which the last of such arbitrators shall have been appointed, or within such extended term (if any) as shall have been 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. 21. The said arbitrator or arbitrators, or his or their umpire, may call for the production of any documents in the possession or power of either 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. 22. Before any arbitrator or wmpire shall enter upon the con- sideration of any matter referred to him he shall, in the presence of a justice of the peace, make and subscribe the following declaration, that is to say,— J, 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 Capertee Tramway Act. Made and subscribed in the presence of Cc. D. 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 he guilty of a misdemeanour, 23. For the purpose of ascertaining the amount of compensation to he paid by the said John Lang, his heirs, executors, administrators, or assigns regard shall in every case be had by the arbitrators or their umpire (as the case may be), not only to the value of the land to he taken but also to the damage (if any) to be sustained by the owner of the lands by reason of the severing of the lands taken from other lands of such owner, or otherwise injuriously affecting such other lands by the exercise of any of the powers under this Act by the said John Lang, Act, 1899. 41 Capertee Tramway. Lang, his heirs, executors, administrators, or assigns, and they shall assess the same according to what they shall find to have been the value of such lands, estate, or interest at the time notice was given of such lands being required or having been taken : Provided always that in ascertaining the amount of such compensation, the arbitrators or their wmpire shall take into consideration by way of set off or abate- ment any enlargement in the value of any land belonging to such owner, and so severed us aforesaid hy the construction of the railway extension or any section thereof, 24. The amount of the costs of any such arbitration and incident cost of arbitration, thereto shall be in the discretion of the arbitrators, and the costs of the hew te be borne. arbitrators 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 by the said John Lang, his heirs, execu- tors, administrators, or assigns, in which case the whole costs of the arbitration, and also the costs of and ineident to the said arbitration, shall be paid by the claimant: Provided that if either party shall he costs may be taxed. dissatislied with the costs allowed by the said arbitrators 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. 25. The arbitrator, arbitrators, or umpire shall deliver their or Aritrtore or his award in writing to the said John Lang, his heirs, executors, wpire to deliver administrators, ov assigns, who shall retain the same, and shall forth- Ie live, eeceutonse" with, on demand, at his or their own expense, furnish a copy thercof#dministrators, and to the other party, and shall at all times, on demand, produce the said" *"" award, and allow the same to be inspected or examined by such party Compensition to be or any person appointed by him for that purpose, and the NOt ee ttecputhication awarded shall be paid within sixty days after the publication of the of award. award. 26. 'The subimission to any such arbitration may be made a rule Submission may be of the Supreme Court on the application of cither of the parties. Supreme Cowl 27, No award made with respect to any question referred to Award not to be set arbitration under the provisions of this Act shall be set aside for ide for irregularity. irregularity or error In matter of form, 28. The said John Lang, his heirs, exccutors, administrators, Compensation in or assigns shall make compensation and satisfaction, to be ascertained [*s oC nesligenee. 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 he occasioned to the owners and occupiers of the lands through which the said tramway shall pass by the non-performance or negligent performance by the said John Lang, his heirs, executors, administrators, or assigns of any of the matters or things hereby required or authorised to be performed by them. 29. 42 Act, 1899. Capertee Tramway. Compensation in 29. In every case where the said John Lang, his heirs, eases of temporary possession. executors, adininistrators , or assigns shall take temporary possession of lands by virtue of the pow ers he vreby granted, it shall be incumbent on him or them, within three months after entry upon such land, upon being required so to do, to pay to the oceupier of said lands the value of any crop or dressing that may be thereon, and damaged or injured by such entry, as w vell as full compensation for any other 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 case may require, a rent to be fixed by two justices in case the parties differ; and shall also, within two months after such entry, pay to such owners and occupiers, or deposit in a bank for the benefit of all parties interested, as the case may require, compensation for all permanent or other loss, damage, or 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. Provevdings in 80. If the owner of any lands required to be taken for the con- absence of owner, : * vo. struction of the said tramway is absent from the Colony, or cannot upon inquiry be found, or is under disability, or if any such lands are vested in persons who have respectively only limited or qualified interests thercin, and who cannot enter into binding agreements with the said John Lang, his heirs, executors, administrators s, and assigns, for the purchase of such lands, or join in submitting their claims for compensation to arbitration as hereinbefore provided, the purchase money or compensation payable by the said John Lang, his heirs, executors, administrators, or assigns, in respect of such lands, shall he determined by the valuation of a surveyor, to be nominated as hercin- after mentioned. Justices to appoint 81. Upon application by the said John Lang, his heirs, execu- curveyor mn certain tops, administrators, or assigns to two justices, and upon such evidence as may be satisfactory to them that there is no person in the Colony or to be found who can enter into a binding contact with the said John Lang, his heirs, executors, administrators, and assigns, or join with the said John Lang, his heirs, executors, a administrators, or 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, and that the provisions as to services of notices have been complied with, such justices shall by writing under their hands nominate a licensed surveyor for determining such compensation 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. 32. Act, 1899. 43 Caper tee Tr amway. 32. Before such surveyor shall enter upon the duty of making Declaration by such valuation as aforesaid, he shall, in the presence of such justices vere" 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 LT will faithfully, impartially, and honestly, according to the best of my skill and ability, excente the duty of making the valuation here by referred to me. Made and subscribed in the presence of ACB. And if any such surveyor shall corruptly make such declaration, or having mado such declaration shall will 'ully act contrary thereto, he shall he guilty of a misdemeanor. 83. The said nomination and declaration shall be annexed to the Production of valuation to be made by such surveyor, and shall be preserved together tion, ke. therewith by the said John Lang, his heirs, exceutors, administrators, PASSIONS 5 'and they shall at all times produce the said valuation and documents on demand to all parties interested in the lands com- prised in such valuation. 84, All the expenses of and incident to any such valuation shall Cost of valuation be borne by the said John Lang, his heirs, executors, administrators, "°°" or assigns, 85. If the amount of compensation determined by any SUCH Compensation not surveyor does not exceed the sum of fifty pounds, it shall, except in peeedin £250 how the cases where the owner is absent from the Colony, or cannot be found, be paid by the said John Lang, his heirs, executors, adminis- trators, and assigns to the person or persons for the time being entitled to the rents and profits of lands in respect whereof the same shall be payable for their own use and benefit, or in the case of the coverture, infancy, idiotey, lunacy, or other incapacity of any such persons, then such money shall be paid for their use to their respective husbands, guardians, committces, or trustees of such persons. 86. If the amount of compensation determined by any such Compensation how surveyor as aforesaid exceeds the sum of fifty pounds, or in the eases ss Healt with in absence where the owner is absent from the Colony, or cannot be found, whether it exceeds the sum of fifty pounds or not, if shall be paid by the said John Lang, his heirs, exceutors, administrators, or assigns into the hands of the Master in Equity of the Supreme Court in the matter of this Act, in trust for the parties interested in the lands in respect. of which it is paid in; and a certificate from the Master of the fact of the money being so paid in shall be a sufficient discharge to the said John Lang, his heirs, executors, administrators, and assigns, for the money so paid: Provided that all moncys so paid i in shall be des ult with Cases of dispute Sheriff may issue warrant, Power of purchase of tramway by Government, Running powers over tramway to Railway Commissioners. Act, 1899. "Capertee Tramway YY. 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 intituled "".4u Act for better securing Trust Funds and for the relief of Trustees.' And shall be subject, in all respects, to the provisions of the said Act, and all rules of the said Court made thereunder. 37. If in any case in which, according to the provisions of this Act, the said John Lang, his heirs, executors, administrators, and assigns is authorised to enter upon and take possession of any lands required for the purposes of the said tramway, the owner or occupier of any such lands, or any other person shall refuse to give up possession thereof, or hinder the said John Lang, his heirs, executors, administrators, or assigns from entering upon or taking possession of the same, it shall be lawful for the said John Lang, 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 John Lang, his heirs, executors, administrators, or assigns in such warrant to receive the same, and upon receipt of such warrant the Sheriff shall deliver possession of any such lands accordingly, and the costs accruing by reason of the issuing and execution of such warrant shall be settled by the Sheriff and 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 John Lang, 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 compensation, if not paid on demand, shal be levied by distress, and upon application to any justice of the peace for that purpose he shall issue his warrant accordingly. 38. At any time, after two years from the commencement ot this Act, the Governor, with the advice of the Executive Council, may. if he think fit, purchase such tramway, upon giving to the said John Lang, his heirs, executors, administrators, and assigns, six 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 John Lang, his heirs, executors, administrators, and assigns, the amounts shall be ascertained by assessment in terms of the Lands for Public Purposes Acquisition Act: Provided that the cost of resump- tion shall not exceed by ten per centum the original cost of construction: Provided further that on such resumption taking place, the lands on which the tramway has been constructed shall be held to have reverted to the Crown. 89. In the event of the line being constructed on the four feet eight and a half inches gauge, the Railway Commissioners shall have running RQ, Act, 1899. Capertee Drama iY running powers over the tramway to enable them to obtain supplies of any coal, wood, stone, gravel, clay, or other material that may be required by the Railw ay Department for its own use. That for such privilege the department shall pay t exccutors, administrators, or assigns, a ton per mile on such material. — That. the Railway Commissioners, and their used or approved of by the said Jo ve said John Lang, his heirs, the rate of one half-penny per the weight of engines used by speed be not greater than that in Lang, his "heirs s, exccutors, administrators, or assigns. 40. It shall be lawful, after the tramway has been duly con- Power to assign. structed, for the said John Lang, his heirs, executors, administrators, or assigns at any time, by any deed or instrument in writing, to assign and transfer all the rights, powers, privileges, bencfits, and advantages conferred upon him or them by this Act to any person or persons or to any duly registered company, and upon any such transfer or assignment being signed or executed the person or persons or duly registered company in whose favour such transfer or assign- ment is made shall then stand in the place of the said John Lang, his heirs, executors, administrators, or assigns, and shall have all the rights, powers, benefits, privileges, and advantages conferred upon the sail John Lang, his heirs, executors, administrators, and assigns by this Act. 41, The hire and charges to be made under this Act by the said Mire to be paid as John Lang, his heirs, executors, administrators, or assigns shall be in near to the tramway, or in such manner and under such regulations as the said John Lang, his heirs, executors, administrators, or assigns shall by notice appoint. deseribed by the said Jolm Lang, his heirs, such terms and amounts, a and shall be paid to such persons upon or &e. 42. Nothing in this Act contained shall be deemed to authorise wot to interfere with the said John Lang, his heirs, executors, administrators, or assigns to tlway. take or enter upon any land belonging to the said Commissioners, or to alter or to interfere with the Mudgce Railway, or any of the works thereof, between the said railway and tramway, without the previous consent, under seal in every instance, of the said Commissioners. 43. The said Commissioners shall from time to time, at the Exeetion of expense of the said John Lang, his heirs, executors, administrators, and assigns, as they may deem necessary, erect such signals and convenicnees incident to the junction cither upon their own lands or on the lands of the said John Lang, his heirs, executors, administrators, or assigns, and may from time to {ime appoint and remove such watchmen, switchmen, or other persons as may be necessary for the prevention of danger to, or interference with, the traffic at or near the junction. 44, The working and management of the trains at the junction Management of with the Government railways, and of such signals and convenicnces signs. 2N wherever Power fo make by-laws. Publication of by-laws, Penalties under by-laws Act, 1899. Capertee Tramway. wherever situate shall be carried out under arrangement with the Railway Commissioners, and under such conditions as they may approve. Such sums shall be charged to the said John Lang, his heirs, executors, administrators, or assigns, as in the opinion of the Railway Commissioners shall be reasonable for such service. 45. The said John Lang, his heirs, executors, administrators, and assigns shall, from time to time, when so required by the Railway Commissioners, make and submit for the approval of the said Railway Commissioners, and subject to the provisions and restrictions in this Act contained, regulations or by-laws for the following purposes, that is to say :— For regulating the times of the arrival and departure of the waggons and carriages, and the number of persons limited to be carried therein respectively. For regulating the loading or unloading of such waggons and carriages. lor preventing . the smoking of tobacco and the commission of any nuisance in or upon such waggons or carriages, or any of the tram- way stations, waiting-rooms, or premises, and generally for regulating the travelling upon, or using, and working the said tramway, and the maintenance of good order, and for regulating the conduct of the tramway officers and servants, and for providing for the due management of the said tramway, and the protection thereof, and the waggons and carriages, and other plant and machinery, and waiting-rooms, offices, and premises from trespass and injury. For regulating and enforcing the payment of the hire and charges to be made under the Act by the said John Lang, his heirs, executors, administrators, or assigns, as aforesaid. For fixing rates and regulating the carriage of minerals, ore, goods, and live-stock, and other things on the said tramway. And for better enforcing the observance of all or any of such regulations it shall be lawful for the said John Lang, his heirs, executors, administrators, or assigns, to make by-laws for all or any of the aforesaid purposes, and from time to time to repeal or alter such by-laws and make new by-laws: Provided that such by-laws be not repugnant to the laws of the Colony or to the provisions of this Act: And the substance of such by-laws shall be painted on boards, or printed on paper and affixed to boards and places, and maintained in a legible state in some con- spicuous part of every station or place of business occupied or used in connection with the tramway, according to the nature and subject matter of such by-laws, so that notice thereof may be given to all parties affected thereby, and no penalty imposed by any stich by-law shall be recoverable unless the same 'shall have been' published and kept published as aforesaid. And such by-laws shall specify penalties, which " Act, 1899. 47 Capertee Tramway. which shall in no case exceed the sum of ten pounds, and all penal- ties recoverable thereunder and under this Act may be proceeded for and recoverable under the provisions of the Act eleventh and twelfth Victoria, chapter forty-three: Provided always that such to be approved of by by-laws must be first approved of by the Governor, with the advice of Te Geremers the Executive Council: Provided always that the said John Lang, to be binding on all his heirs, executors, administrators, and assigns, his or their employees g Parties. or servants, shall, when using or when upon the preniises of the said railway, be liable and subject to the railway by-laws. 46. The production of a copy of the New South Wales Govern- Evidence of by-laws. ment Gazette containing such by-laws shall be sufficient evidence of such by-laws in all proceedings under the same. 47, The said Commissioners may from time to time appoint any Railway Commis. person to be inspector, for the purpose of inspecting the tramway and cheeors? appoint of making any inquiry with respect to the condition of the works, or into the cause of any aecident, provided that no person so appointed shall exercise any powers of interference in the affairs of the said John Lang, his heirs, exceutors, administrators, or assigns, and every inspeetor under this Act shall, for the purpose of any inspection or inquiry which he is directed by the Railway Commissioners to make or conduct, have the following powers, that is to say :— (1) He may enter and inspect the tramway and all the stations, works, buildings, offices, stock, plant, and machinery belonging thereto. (2) He may, by summons under his hand, require the attendance of any person who is engaged in the management, service, or employment of the said Jolin Lang, his heirs, executors, administrators, or ssigns, and whom he thinks fit to call before him and examine for the said purpose, and may require answers or returns to such inquiries for the said purpose as he thinks fit to make (3) He may require and enforce the production of all books, papers, and documents of the said John Lang whieh he considers important for the said purpose. Where, in or about the tramway, or any of the works or build- Accidents. ings connected with such tramway, or any building or place, whether open or enclosed, occupied by the said John Lang, his heirs, executors, administrators, or assigns, working such tramway, any of the following accidents take place in the course of working, that is to say :— (1) Any accident attended with loss of life or personal injury to any person whomsocyer. ) Any collision where one of the trains is a passenger train. ) Any passenger train, or any part of a passenger train, accidently leaving the rails. (4) be wy ( G Commencement and completion of work, Penalty for not carrying out work. Tramway to revert to Crown if left unused for period of three years, Short title. Act, 1899. Capertee Tramway. (4) Any accident of a kind not comprised in the foregoing descriptions, but which is of such a kind as to have caused, or to be likely to cause, loss of life or personal injury, and which may be specified in that behalf by any order to be made from time to time by the Railway Commissioners. The said John Lang, his heirs, executors, administrators, or assigns, working such tramways shall send notice of such accident, and of the loss of life or personal injury (if any) occasioned thereby, to the Railway Commissioners. Such notice shall be in such form and shall contain such particu- lars as the Railway Commissioners may from time to time direct, and shall be sent by the carliest practicable post after the accident takes place. The Railway Commissioners may from time to time by order direct that notice of any class of accidents shall be sent to them by telegraph, and may revoke any such order. While such order is in force notice of every accident of the class to which the order relates shall he sent to the Railway Commissioners by telegraph immediately after the accident takes place. Failure to comply with the provisions of this section shall render the said John Lang, his heirs, executors, administrators, or assigns liable for each offence to a penalty not exceeding twenty pounds. 48. The said John Lang, his heirs, executors, administrators, or assigns shall not be entitled to any of the rights and privileges conferred upon them by this Act unless they shall within six months from the commencement of this Act have lodged the sum of two thousand pounds with the Colonial Treasurer, which said sum shall be forfeited and form part of the Consolidated Revenue Fund if the tramway be not commenced within the period of two years and completed within three years from the commencement of this Act. 49. Unless the tramway hereby authorised shall be completed and brought into use within two years from the passing of this Act, or within such extended time as the Governor and Executive Council may allow, the rights and privileges hereby conferred on the promoters shall cease. If the tramway hereby authorised shall cease to be worked as a tramway by the promoters for two years, the site and permanent- way thereof shall, on proclamation by the Governor, with the advice of the Executive Council, vest in and become the absolute property of the Crown, without making any allowance or compensation or paying any consideration in respect thereof to the promoters. 50. This Act may for all purposes be cited as the " Capertee Tramway Act." THE o< Act, 1899. Capertee Tramway. THE SCHEDULE. Route No. 1.—Starting from or near the 132 mile post on the Wallerawang and Mudgee Branch Government Railway, and taking an easterly direction through railway reserve 180, parish of Capertee, passing along south boundaries of railway reserves 6423 and railway reserve 6424, and south of reserve 1742-35; then crossing Genowlan Creek ; then to the north of Genowlan Mountain and passing south of reserve 1638-28 ; then to the Cook's or Coco Creek crossing same at point, reserve No. 84, passing through northern portion of same; and then in a south-easterly direction 77, Edward Hughes' 40 acres and 76 Edward Hughes' 80 acres; then in an easterly direction through the Canobla Gap, and easterly through 4,000 acres block of Sir John Jamieson's ; and terminating in mineral lease 20,640 acres,—being a distance of about 21 miles ; or Route No. 2.—Starting from about 1274 miles on the Mudgee Branch Govern- ment Railway, going in an 'easterly direction through gold-field reserve 62 ; ; then ina south-easterly direction through railway reserve 180, crossing the Watch- house Creek, and then easterly across the Coco Creek ; then in a north-easterly direction through 52 Joln McLean's ec. 146 ; then north-easterly through Nos. 48 and 49 Murray Davidson, and in same direction through the Canobla Gap ; and thence as per route as described in Route No. 1,-—being a distance of about 21 miles ; or Route No. .—Starting at Ben Bullen, and going in a south-easterly direction through village Reserve 7562 and 21L-- reserve » then in same direction through mineral lease" 123, railway reserve, to Rowan's Gap ; then north-casterly through tL, Walter Rowan, and 40, Walter Rowan ; then through railway reserve 180, passing between 54 and 55 John McLean and Jonathan MeLean respectively ; then easterly across Sapling Flat Creek ; then north-easterly between 81 and 82, John Nicholson, on the Red Rock Creek ; then through the Canobla Gap ; and thence as per route No. | as above deseribed,—inaking a distance of about 24 miles, The limits of deviation are in cach case one and a half miles on each side of route as shown,