New South Wales: Deepwater and Mount Galena Tramway Act of 1892 55 Vic (NSW)

An Act to authorise William Bragg, of deevare aso Sydney, in the Colony of New South — ™v«. Wales, gentleman, his heirs, executors, administrators, and assigns, or ahy com- pany duly registered for that purpose by agreement with the said William Brage, his executors, administrators, or assigns, to construct and maintain a Tramw: ay from a point to be determined on, near the Deepwater Railway Station, and con- necting with the Great Northern Railway Line, parish of Deepwater, in the said Colony, to Mount Galena Silver-mines, in the parish of Gordon, county of Gough, via Tent Hill and Emmaville, at a point to be determined on in mineral lease application, number two thousand one hundred and seventy-five, in the parish and county last aforesaid, and to use steam 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, as well as for persons engaged in mining operations. [lsé April, 1892. | WW UGREAS large quantities of galena ore, minerals, fuel, and Premble. other materials exist at Mount Galena, parish of Gordon, county of Gough, as aforesaid; as also along and adjacent to the line of tramway: And whereas there are other mines in and near the said parish and county where there exist large quantities of minerals and of Authority to con- struct tramway. Levels of line. 55° VIC. Deepwater and Mount Galena Tranucay. 1892. of ore: And whereas the means of travelling between Mount Galena and the Deepwater Railway Station are insufficient for the convenicnee of the public: And whereas for the purpose of facilitating the carriage of the said galena ore, minerals, and other ores, fuel, and other materials, and for the carriage of passengers, goods, live-stock, and other things over the said tramway for hire for the public generally as well as for persons engaged in mining operations from the said localities to the Deepwater Railway Station, the said William Bragg is desirous of constructing a single or double line of tramway to he worked by steam or other motive power over, across, and along the route described in the Schedule hereto, from a point to be determined on near the Deepwater Railway Station connecting with the Great Northern Railway Line in the said Colony to Mount Galena silver- mines, parish and county 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 as well as the general public, by materially assisting to lessen the expense of developing the great silver and other mining industries in the Mount Galena district: And it is therefore advisable to authorise, by Legislative enactment, the construction of the said proposed tram- way, 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 Parliament assembled, and by the authority of the same, as follows :— 1. It shall be lawful for the said William Bragg, his heirs, exccutors, administrators, and assigns, or any company duly registered for that purpose by agreement with the said William Bragg, his heirs, executors, administrators, or assigns, upon the terms and conditions and subject to the provisions hereinafter contained, to make and construct and maintain a tramway for the carrying of the said galena ore, minerals, and other ore, fuel, and other materials, and passengers, goods, live stock, and other things for hire, from a point to be deter- mined near the Deepwater Railway Station as aforesaid, to the said Mount Galena Silver-mine, in the said parish of Gordon as aforesaid, as also along the line of tramway, by the route, and over, across, and along the roads, streets, rivers, watercourses, lands, and reserves, both public and private, described in the Schedule hercto; and to use so much of the said roads and strects, 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 oceupy in part thereof on publie 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 either side thereof, at any part {hereof to a distance not cxcecding one mile and a half, and the said tramway shall be constructed in a proper and workman- like manner to the satisfaction of the Engineer-in-Chief for railway construction. 2. The gauge of the said tramway shall be four feet cight and a half inches, and where it traverses public thoroughfares shall he laid at about the general level of such thoroughfares and so that the rails shall not project above the surface thereof; and the said William Bragg, his heirs, executors, administrators, or assigns shall maintain in perfect order and repair the said tramway, and 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 bridges and causeways in connection with the said tramway. 2. a 1892. 55° VIC. . 71 Deepwater and Afount Galena Tramway. 3. The tramway and the material thereof shall not cease to be Tramway to remain the property of the said William Bragg, his heirs, executors, adminis- yrenenty of MW lian frators, and assigns, by reason of the same being laid as aforesaid. executors, adminis- . The said William Bragg, his heirs, executors, administrators, {ators and assigns, Authorised persons and assigns, and all other persons duly authorised, shall have all to have rights over necessary rights over the roads, streets, and lands deseribed in the trees. Schedule to this Act as are required for the construction, repair, comple- tion, and use of the said tramway, and for the erection, maintenance, and repair, and all neeessary sidings and buildings in connection therewith: Provided that there shall be no interference with ordinary traffie beyond what is reasonable and necessary for such purpose. 5. The tramway shall be for the use of the public and of Carriage. persons engaged in mining operations, and for the conveyance for hire of such galena ore and other minerals, ore and things as aforesaid from the 'Satie Mount Galena Silver-mine and other mines as aforesaid, as also along the line of tramway, and of stores and material for the public, for hire in conncetion with the said mines and tramway. G. It shall be lawful for the said William Bragg, his heirs, 'To cary passengers executors, administrators, and assigns, his agents or servants, to carry &e,, for hire, passengers, goods, live stock, mincrals, material, and other things over and along the said tramway for hire for the public generally, as well as for persons engaged in mining operations. The maximum tolls, rates, Rates of fures and fares, and charges to be fixed by any by-laws made as aforesaid shall "8" not exceed the following, that is to say :— (1) For passengers, a sum not exceeding twopence each per mile. 11) For goods, merchandise, chattels, and things other than live stock (in quantities not less than one ton) a sum not exceed- ing fourpence per ton per mile, and mineral ores not execeding threepence per ton per mile. (itt) For live stock (in quantities not less than one truck load) a sum not exceeding fourpence per head per mile for horses ov horned cattle, and for shecp a sum not exceeding one half-penny per head per mile. 7. It shall be lawful for the said William Bragg, his executors, To employ steam or administrators, and assigns, to usc and employ steam or other motive 2 other metive power power. and carriages, waggons, or trucks to be drawn therehy upon the said tramway: Provided that all rolling stock before and during use shall be subject to the approval of the Commissioners for Railw ays. 8. It shall be lawful tor the said William Bragg, his heirs, Authority to enter exccutors, administrators, and assigns, and his and their workmen and upon Railway pro- servants to enter upon the Railway Commissioners' property at a perty and construct point about three hundred and forty-six miles from Newcastle where i" fs fence is broken, and run a line parallel with the existing railway, a distance. of sixty chains to the railway station at Deepwater, the plans and work to be approved by the Railway Commissioners, and such payment to be made for the use of the land and 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 company. 9. In ease of accidents or slips happening or being apprehended Power to enter upon to the cuttings, embankments, or other works of the said tramway, repair accidents, it shall be lawful for the said William Brags, his heirs, executors, ubject to certain administrators, and assigns, and his ov their workmen and scrvants, eetetions. to enter upon the lands adjoining thereto at any time whatsocver for the purpose of repairing or preventing such accidents, and to do such works as may be necessary for the purpose; but in every such case the said William Bragg, his "heirs, exceutors, administrators, or assigns shall, within fourteen days after such entry, make a report to the Seeretary for Public Works, specifying the nature of such accident y apprehended accident and of the works necessary to be done, and such ; 72 . 55° VIC. 1892. Deepwater and Mount Galena Tramway. such powers shall cease and determine if the said Seerctary shall, after considering the said report, certify that their exercise is not necessary for the public safety: Provided also that such works shall he as little injurious to the said adjoining lands as the nature of the accident or apprehended 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 ease of any dispute about the same, shall be settled by arbitrators in the manner hereinafter mentioned. William Bragg, 10. The said William Bragg, his heirs, executors, administrators, administrators, and? and assigns shall not be entitled to any mines of coal, slate, or other assigns not entitled minerals under any land whereof the surface only is vested in him or to minerals. 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 William Bragg, his heirs, executors, administrators, and assigns: Provided that where such tramway passes over Crown Lands, the said William Bragg, his heirs, executors, administrators, and assigns shall pay to the Crown such annual rent, not exceeding two shillings per acre, for such Crown Lands passed over by such tramway as the Minister for Lands may direct. Compensation to be 11. If within sixty days of the passing of this Act the said settled byarbitration Heysons through whose land the tramway shall pass, or any of them, and the said William Bragg, his heirs, executors, administrators, or assigns shall not agree as to the amount of compensation to he 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 if any other question as to compensation shall arise under this Act, the amount of such compensa- tion 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 nominate and appoint an arbitrator to whom such dispute or other matter shall he referred ; 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 either 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 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 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 William Bragg 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. Proceedings in ense 12. If before the matter so referred shall be determined any oF creaky © arbitrator appointed by either party shall die, 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 1892. 53° VIC. . 73 Deepwater and Mount Galena Tramway. 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. 13. 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 such umpire shall dic, or refuse, or for seven days neglect to act after being called upon so to do by the arbitrators or either 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. 14. If in either of the cases aforesaid the arbitrators shall Neglect to appoint refuse, or for seven days after request of either 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 either party to such 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. 15. If, when a single arbitrator shall have been appointed, such In case of disability arbitrator shall die or become incapable, or shall refuse, or for fourteen % *mele arhitrator. 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. 16. If, when more than one arbitrator shall have been appointed, Arbitrators failing to and when neither of them shall die, become incapable, refuse, or make their award, 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 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. 17. The said arbitrator or arbitrators, or his or their umpire, Arbitrators may : may call for the production of any documents in the possession or Seen power of cither party, which they or he may think necessary for deter- mining the question in dispute, and may examine the parties or their witnesses on oath, and administer the oaths necessary for that purpose. 18. Before any arbitrator or umpire shall enter upon the con- Declaration by sideration of any matter referred to him he shall, in the presence of a arbitrators or umpire, Justice of the Peace, 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 " Deepwater and Mount Galena Tramway Act." Made and subscribed in the presence of C.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 be guilty of a misdemeanour. 19. All the costs of any such arbitration and incident thereto Cost of arbitration, shall be in the diseretion of the arbitrators, and the costs of the how to 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 74 55° VIC. 1892. Deepwater and Mount Galena Tramway LY. which shall have been offered hy the said William Bragg, his heirs, exccutors, administrators, or assigns, in which case the whole costs of the arbitration, and also the costs of and incident to the said arbi- Costs may be taxed. tration, shall be paid by the claimant: Provided that, if either party shall be dissatisfied with the costs allowed by the said arbitrators as t 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. Arbitrators or 20. The arbitrator, arbitrators, or umpire shall deliver their or umpire to denver his award in writing to the said William Bragg, his heirs, exccutors, Bragg, his heirs, | administrators, or assigns, who shall retain the same, and shall forthwith, precutors, pin gs, 08 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, Compensation tobe and allow the same to be inspected or examined by such party or any paid within sixty 1 : - hi 2 " . rey tays after publication PELSOn appointed by him for that purpose, and the amount awarded cf award, shall be paid within sixty days after the publication of the award. Submission may be 21. The submission to any such arbitration may be made a rule made a rule of q 4 " 1 . sa tt ao sat abies Supreme Court, of the Supreme Court on the appheation of cither of the partics. Award not to be set 22. No award made with respect to any question referred to aside for irregularity. arbitration under the provisions of this Act shall be set aside for tnregularity or error in matter of form. Compensation in 23. The said William Bragg, his heirs, executors, administrators, cases of negligence. jy assigns shall make compensation and satisfaction, to he 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 occupiers of the lands through which the said tramway shall pass by the non-performance or negligent performance by the said William Bragg, his heirs, executors, administrators, or assigns of any of the matters or things hereby required or authorised to he performed by them. Compensation in 24. In every case where the said William Bragg, his heirs, possession pory executors, administrators, or assigns shall take temporary posscssion of lands by virtue of the powers hereby 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 occupier of said lands the value of any crop or dressing 'that may be thereon, and damaged or injured by such entry, as w ell 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-ycarly to such occupicr, 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 shal also, within twelve months after such entry, pay to such owners and occupiers, or deposit in a bank for the bencfit 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. Proceedings in 25. If the owner of any lands required to be taken for the absence of owner. aonstruction 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 therein, and who cannot enter into binding agreements with the said William Bragg, his heirs, exccutors, administrators, 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 William Bragg, his heirs, executors, administrators, or assigns, in respect of such lands, shall be determined by the valuation of a surveyor, to be nominated as hereinafter mentioned. 26, 1892. 55° VIC. Deepwater and Mount Galena Tramway. 26. Upon application by the said William Bragg, his heirs executors, administrators, or assigns to two Justices, and upon, such * evidence as may be satislactory to them that there is no person in the © Colony or to be found who can enter into a binding contract with the said William Bragg, his heirs, executors, administrators, and assigns, or join with the said William Bragg, his heirs, executors, administrators, or assigns in submitting his claims for compensation to arbitration in respect of any lands required to he taken for the construction of the said tramway, 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. 27. 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 :— TI, A.B., do solemnly and sincerely declare that I will faithfully, impartially, and honestly, according to the best of my skill and ability, execute the duty of making the valuation here by referred to me. Made and subscribed in the presence of » Tustices Lo appoint surveyor in certain Declaration by surveyor, ALB. And if any such surveyor shall corruptly make such declaration, or having made such declaration shall wilfully act contrary thereto, he shall he guilty of a misdemeanour. 28. 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 William Bragg, his heirs, executors, adminis- trators, or 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. 29, All the expenses of and incident toany such valuation shall be borne by the said William Bragg, his heirs, executors, adminis- trators, or assigns. 30. If the amount of com Production of valuation, &e. Cost of valuation how borne. Compensation not pensation determined by any such : exceeding £50 how surveyor does not execed the sum the cases where the owner is abs found, be paid by the said Willi administrators, and assigns to the p entitle? to the rents and profits of of fifty pounds, it shall, except in ent from the Colony, or cannot be iam Bragg, his heirs, executors, erson or persons for the time being ands in respect whereof the same shall be payable for their own use and benefit, or in the case of the coverture, infancy, idiotey, lunacy. persons, then such moncy shall be , or other incapacity of any such paid for their use to their respective to be dealt with, husbands, guardians, committees, or trustees of such persons. 31. If the amount of compensation determined by any suct surveyor as aforesaid execeds the sum of fifty pounds, or in the cases where the owner is absent from the Colony, or cannot be found, whether it exceeds the sum of fifty pounds or not, it shall be paid by the said William Bragg, his heirs, executors, 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 William Brage, "his heirs, executors, administrators, and assigns, for the money so paid: Prov ided 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