New South Wales: Hartley Vale Colliery Railway Act 1867 31 Vic (NSW)

An Act to enable James Brown Alexander Brown (Year var Conigey Railway. and Stephen Foyle to construct a Railway — from certain Collieries near Newcastle to and to connect the same with the Great Northern Railway. [23rd December, 1867. | HWEREAS James Brown Alexander Brown and Stephen Foyle Preamble. hereinafter designated the promoters have opened Coal Mines and established Collieries on certain lands situate near Newcastle in the county of Northumberland and in order to facilitate communica- tion between the same and the Great Northern Railway are desirous of constructing certain Railways that is to say a Railway from the said Coal Mines and Collierics to the said Great Northern Railway from the northern boundary of James Brown and Alexander Brown's three hundred and twenty acres (situate in the parish of Newcastle) and passing in a north-easterly direction through Crown Lands thence through fifty-four and three hundred and ten acres leased to the said James Brown and Alexander Brown and known as the Hartley Vale Colliery thence through Crown land thence through land sold by the Crown to the late Henry Dangar and now belonging or supposed to belong to his representatives thence through a portion of the Australian Agricultural Company's land to the Great Northern Railway inter- secting the same at a point terminating two miles seventy-eight chains or thereabouts from the city of Newcastle and at such termination to effect. a junction to and with the said Great Northern Railway And also a Branch Line from the line above described commencing at the northern boundary line of the said three hundred and ten acres and running south-westerly through a portion of the said three hundred and ten acres and thence continuing through James and Alexander Brown's two hundred and eighty acres to the western boundary thereof And whereas the said Coal Mines and Collieries are likely to prove beneficial Authority to con- -struct Railways, 31° VIC. 1867. Hartley Vale Colliery Railway. beneficial to the Colony and the public are concerned in promoting such an increase in and facilities for the supply of coal for local con- sumption steam navigation and export as would result from the con- struction of the said proposed Railway and the traffic on the Great Northern Railway would be increased thereby it is therefore desirable to authorize by legislative enactment the construction of the said Railway subject to the provisions hereinafter contained upon payment of compensation to the several parties through whose lands the same shall pass for such portions of their respective lands as may be required to be occupied thereby 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 promoters to make and construct the following Railway that is to say to make and construct a Railway from the northern boundary of James Brown and Alexander Brown's three hundred and twenty acres (situate in the parish of Newcastle) and passing in a north-easterly direction through Crown lands thence through fifty-four and three hundred and ten acres leased to the said ' James Brown and Alexander Brown and known as the Hartley Vale Site of Railway shall be vested in the pro- moters without con- Weyance. Colliery thence through Crown lands thence through land sold by the Crown to the late Henry Dangar and now belonging or supposed ° to belong to his representatives thence through a portion of the Australian . Agricultural Company's land to the Great Northern Railway intersecting the same at a point terminating two miles seventy-cight chains or thereabouts from the city of Newcastle and at such termination to effect a junction to and with the said Great Northern Railway And also a Branch Line from the line above described commencing at the northern boundary line of the said three hundred and ten acres and running south-westerly through a portion of the-said three hundred and ten acres and thence continuing through James and Alexander Brown's two hundred and eighty acres to the western boundary thereof Provided that the said junction herein- before authorized shall be effected in accordance with section ninety- nine of the Government Railways Act of 1858 and that the said Railway by this Act authorized to be constructed shall he the line described in the Schedule hereto but so that the said Railway shall not occupy a greater space in breadth than two chains excepting the portions at and about the C and D Pits where for a length of thirty chains at each pit the breadth may be five chains and provided also that the said Railway shall be constructed and brought into use within the term of six years from the passing of this Act and that the pro- moters in constructing and connecting the same with the Great Northern Railway shall do so in a proper and workmanlike manner and shall repair all damage caused by so doing. 2. Such land as shall be taken under the provisions of this Act for the purpose of the said Railway together with such right of ingress egress and regress upon the adjacent land as may be necessary for the making and repair thereof shall be vested by virtue of this Act and without the necessity of any conveyance in the promoters for the purpose of the said Railways Provided that no lands vested in the Cammissioner for Railways shall by virtue of this Act be vested in the promoters Provided also that nothing herein contained shall prevent the said owners from carrying on any mining operations beneath the said Railways which shall not interfere with the safety of the said road and the traffic thereon and the promoters shall have no further right to the soil of the said lands beneath the surface than shall be requisite for the formation and repair of the said road by cutting embanking or otherwise 1867. 31° VIC. 23 Hartley Vale Colliery Railway. otherwise and also that the promoters shall at all times keep open to the satisfaction of the Minister for Lands proper communications for the passage of cattle and other live stock between the portions of the Newcastle Town Pasturage Reserve severed by the said Railway Pro- vided also that if in the exercise of the powers hereby granted it be found necessary to cross cut through raise sink or use any part of any road whether carriage road or horse road so as to render it impassable for or dangerous or inconvenient to the persons entitled to the use thereof the promoters shall before the commencement of any such operations cause a sufficient road to be made instead of any road inter- fered with and shall at their own expense maintain such substituted road in a state as convenient as the road interfered with or as nearly as may be and the promoters before they use the said lands of the said owners of land respectively and the said Crown land for any of the purposes aforesaid shall if required so to do separate the same by a sufficient fence from the land adjoining thercto with such gates as may be required for the convenient occupation of such land and shall also to all private roads used by them as aforesaid put up fences and gates in like manner in all cases where the same may be necessary to prevent the straying of cattle from or upon the lands traversed by such roads and in case of any difference between the owners or occupiers of such roads and lands and the promoters as to the necessity for such fences and gates such fences and gates shall be put up by the promoters as any two Justices of the Peace shall deem necessary for the purposes aforesaid on application being made to them. 3. The Railways and locomotives shall be open to public use Railway open to the upon payment of a toll to the promoters of three-pence per ton per Public. mile the party seeking transit supplying and loading his own trucks or waggons and all trucks when emptied shall be conveyed on their return free of cost. 4. And be it enacted that it shall be lawful for the owners or Branch Railways. occupiers of the lands traversed by the said Railway to lay down upon their own lands any collateral branches of Railway to communicate with the said Railway for the purpose of bringing carriages to or from or upon the said Railway and the promoters shall if required at the expense of such owners or occupiers make openings in the rails and such additional lines of Railway as may be necessary for effecting such communication in places where the communication can be made with safety to the public and without injury to the said Railway and without inconvenience to the traffic thereupon and the promoters shall not take any rate or toll or other moneys for the passing of any* passengers goods or other things along any branch so to be made by any such owner or occupier or other person but this enactment shall be subject to the following restrictions and conditions (that is to say)— No such Railway shall run parallel to the said Railway the promoters shall not be bound to make any such openings in any place which they shall have set apart for any specific purpose with which such communication would interfere nor upon any inclined plane exceeding one in fifty or bridge nor in any tunnel The persons making or using such branch Railways shall be subject to all by-laws and regulations of the promoters from time to time made with respect to passing upon or crossing the Railway and otherwise and the persons making _ or using such branch Railways shall be bound to construct and from time to time as need may require to renew the off-set plates and switches according to the most approved plan adopted by the promoters under the direction of their engineer. 5. 24 31° VIC. 1867. Hartley Vale Colliery Railway. Power to divert or 5. For the purposes and subject to the provisions hereinafter alter roads. contained it shall be lawful for the promoters their deputies agents servants and workmen and all other persons by them authorized and empowered to divert or alter the course of any road or way crossing the Railway or to raise or sink any road or way in order the more conveniently to carry the same over or under or by the side of the Railway. Penalty for not sub- 6. If the promoters do not cause another sufficient road to be' stituting aroad. sg made beforc they interfere with any such existing road as aforesaid they shall forfeit twenty pounds for every day during which such substituted road shall not be made after the existing road shall have been interrupted and such penalty shall be paid to the trustees com- missioners surveyor or other persons having the management of such road if a public road and shall be applied for the purposes thereof or in case of a private road the same shall be paid to the owner thereof and every such penalty shall be recoverable with costs by action in the Supreme Court. Road repairs. 7. If in the course of making the Railway the promoters shall use or interfere with any road they shall from time to time make good all damages done by them to such road and if any question shall arise as to the damage done to any such road by the promoters or as to the repair thereof by them such question shall be referred to the determina- tion of two Justices and such Justices may direct such repairs to be made in the state of such road in respect of damage done by promoters and within such period as they may think reasonable and may impose on the promoters for not carrying into effect such repairs any penalty not exceeding ten pounds per day as to such Justices shall seem fit and any such penalty shall be paid to the surveyor or other person having the management of the road interfered with by the promoters if a public road and be applied for the purposes of such road or if a private road the same shall be paid to the owner thereof Provided always the said Justices shall have regard to and shall make full allowance for any tolls that may have been paid by the promoters on such road in the course of the using thereof. Bridges to be con- 8. If the line of Railway cross any public highway or parish structed where Rail- road then either such road shall be carried over the Railway or the way crosses high- . . . way. Railway shall be carried over such road by means of a bridge of the height and width and with the ascent or descent by this Act in that behalf hereinafter provided And such bridge with the immediate approaches and all other necessary works connected therewith shall 'be executed by and be at all times thereafter maintained at the expense of the promoters Provided that with the consent of the Governor with the advice of the Executive Council it shall be lawful for the promoters to carry the Railway across any highway on the level. Owners crossing. 9. Until the promoters shall have made the bridges or other proper communications which they shall under the provisions herein contained have been required to make between lands intersected by the Railway and no longer the owners and occupiers of such lands and any other persons whose right of way shall be affected by the want of such communications and their respective servants may at all times freely pass and repass with carriages horses and other animals directly but not otherwise across any part of the Railway made in or through their respective lands solely for the purpose of occupying the same lands or for.the exercise of such right of way and so as not to obstruct the passage along the Railway or to damage the same nevertheless if the owner or occupier of any such lands have in his arrangements with the promoters received or agreed to receive compensation for or on account of any such communications instead of the same being formed such owner or occupier or those claiming under him shall not be entitled so to cross the Railway. 10. 1867. 31° VIC. 25 Hartley Vale Colliery Railway. 10. If the Railway cross any public highway or parish road on Provisions in eases a level the promoters shall crect and at all times maintain good anc Where reads are | sufficient gates across such road on each side of the Railway where the same shall communicate therewith and shall employ proper persons to open. and shut such gates and such gates shall be kept constantly closed across such roads on both sides of the Railway exccpt during the time when horses cattle carts or carriages passing along the same shall have to cross such Railway and such gates shall be of such dimensions and so constructed as when closed to fence in the Railway and prevent cattle or horses passing along the road from entering upon the Railway and the person entrusted with the care of such gates shall cause the same to be closed as soon as such horses cattle carts or carriages shall have passed through the same under a penalty of forty shillings for every default therein Provided always that it shall be lawful for the Secretary for Public Works in any case in which he shall be satisfied that it will be more conducive to the public safety that the gate on any level crossing over any such road shall be kept closed across the Railway to order that such gates shall be kept so closed instead of across the road and in such case such gates shall be kept constantly closed across the Railway execpt when engines or carriages passing along the Railway shall have occasion to cross such road in the samc manner and under the like penalty as above directcd with respect to the gates heing kept closed across the road. 11. Incase of accidents or slips happening or being apprehended Power to enter upon to the cuttings embankments or other works of the said Railway it Ae ets eabe shall be lawful for the promoters and their workmen and servants to ject to certain enter upon the land adjoining thereto at any time whatsoever for thet" 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 pro- moters shall within forty-cight hours after such entry make a report to the Secretary for Public Works specifying the nature of such accident or apprehended accident of the works necessary to be done and such powers shall cease and determine if the said Scerctary shall after con- sidering 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 dispatch and full compensation shall be made to the owner and occupier 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 settled 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 Railway. 12. Every bridge to be erected for the purpose of carrying the Construction of Railway over any road shall be built in conformity with the following P's' eve rea". regulations (that is to say)— The width of the arch shall be such as to leave thereunder a clear space of not less than thirty feet if the arch be over a public highway and of twenty feet if over a parish road and of twelve feet if over a private road The clear height of the arch from the surface of the road shall not be less than sixteen fect for the space of twelve fect if the arch be over a turnpike road and fifteen fect for the space of ten feet if over a public carriage road and in cach of such cases the clear height at the springing of the arch shall not be less than twelve fect the clear height of the arch for a space of nine feet shall not be less than fourteen feet over a private road d The 26 31° VIC. . 1867. Hartley Vale Colliery Railway. The descent made in the road in order to carry the same under the bridge shall not be more than one foot in thirty feet if the bridge be over a public highway one foot in twenty feet if over a parish road and one foot in sixteen if over a private road not being a tramroad or railroad-or if the same be a tramroad or railroad the descent shall not be greater than the ruling gradient of such tramroad or rail- road. Construction of 18. Every bridge erected for carrying any road over the Rail- bridges over Rail- way shall be built in conformity with the following regulations (that , is to say)— There shall be a good and sufficient fence on each side of the bridge of not less height than four feet and on each side of the immediate approaches of such bridge of not less than three feet ; The road over the bridge shall have a clear space between the fence thereof of thirty- five feet if the road be a public highway and twenty-five feet if a parish road and twelve feet if a private road The ascent shall not be more than one foot in thirty feet if the road be a turnpike road one foot in twenty feet if a parish' road and one foot in sixteen feet if a private road not being a tramroad or railroad or if the same be a tramroad or railroad the ascent shall not be greater than the ruling gradient of such tramroad or railroad. The width of the 14. Provided always that in all cases when the average avail- bridges need not | able width for the passing of carriages of any existing road within fifty the road incertain yards of the points of crossing the same is less than the width herein- eases, before prescribed for bridges. over or under the Railway the width of such bridges need not be greater than such average available width of such roads but so nevertheless that such bridges be not of less width in case of a public highway or parish road than twenty feet Provided also that if at any time after the construction of the Railway the average available width of any such road shall be increased beyond the width of such bridge on either side thereof the promoters shall be bound at their own expense to increase the width of the said bridge to such extent as they may be required by the trustees or surveyors of such road not exceeding the width of such road as so widened or the maximum width herein prescribed for a bridge in the like case over or under the Railway. Existing inclination 15. Provided also that if the mesne inclination of any road of roads crossed ov, Within two hundred and fifty yards of the point of crossing the same verter je 8 a . : a : . improved. or the inclination of such portion of any road as may be required to be altered or for which another road shall be substituted shall be steeper than the inclination hereinbefore required to be preserved by the promoters then the promoters may carry any such road over or under the Railway or may construct such altered or substituted road at an inclination not steeper than the mesne inclination of the road so to be crossed or of the road so requiring to be altered or for which another road shall be substituted. Works for benefit of 16. The promoters shall make and at all times thereafter main- owners. tain the following works for the accommodation of the owners and occupiers of lands adjoining the Railway (that is to say)— Such and so many convenient gates bridges arches culverts and passages over under or by the sides of or leading to or from the Railway as shall be necessary for the purpose of making good any interruptions caused by the Railway to the use of the lands through which the Railway shall be made and such works shall be made forthwith after the part Gates bridges &e. 1867. 31° VIC. 27 Hartley Vale Colliery Railway. part of the Railway passing over such lands shall have been laid out or formed or during the formation thereof All sufficient posts rails hedges ditches mounds or other fences gences, for scparating the land taken for the usc of the Railway from the adjoining lands not taken and protecting such lands from trespass or the cattle of the owners or occupiers thereof from straying thereon by reason of the Railway together with all necessary gates made to open towards such adjoining lands and not towards the Railway and all neces- sary stiles and such posts rails and other fences shall be made forthwith after the taking of any such lands if the owncrs thereof shall so require and the said other works as soon as conveniently may be Also all necessary arches funnels culverts drains or other Drains. passages either over or under or by the sides of the Rail- way of such dimensions as will be sufficient at all times to convey the watcr as clearly from the lands lying near or affected by the Railway as before the making of the Rail- way or as nearly so as may be and such works shall be made from time to time as the Railway works proceed Also proper watering-placcs for cattle or compensation in lict Watering-places. thereof where by reason of the Railway the cattle of any person occupying any lands lying near thereto shall be deprived of access to their former watering-places and such watering-places shall be so made as to be at all times sufficiently supplied with water as therctofore and as if the Railway had not becn made or as nearly so as may be and the said promoters shall make all necessary water-courscs and drains for the purpose of conveying water to the said watcring-places Provided always that the promoters shall not be required to make such accommodation works in such a manner as would prevent or obstruct the working or using of the Railway nor to make any accommodation works with respect to which the owners and occupiers of the lands shall have agrced to receive and shall have been paid compensation instead of the making them. 17. If any person omit to shut and fasten any gate set up at Penalty on persons cither side of the Railway for the accommodation of the owners or gates. occupicrs of the adjoining lands so soon as he and the carriage cattle or other animals under his care have passed through the same he shall forfeit for every such offence iny sum not execeding ten pounds. 18. The promoters shall not be entitled to any mines of coal Minerals not to pass. ironstone slate or other mincrals under any land whereof the surface is vested in them by virtuc of this Act except only such parts thercof as shall be necessary to be dug or carricd away in the construction of the works hereby authorized and such mines shall not be deemed to vest in the said promoters. 19. If within twenty-eight days after the passing of this Act Compensation the said persons through whose lands the Railway shall pass or any of them and the promoters shall not agree as to the amount of compensation to be paid by 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 compensation shall be settled by arbitrators in manner hereinafter mentioned (that is to say)—unlcss both partics shall concur in the Appointment of arbie appointment of a single arbitrator cach party on the request of the other 4" party shall nominate rand appoint an arbitrator to whom such dispute or other matter shall be referred and every appointment of an arbitrator shall 28 31° VIC. 1867. Hartley Vale Colliery Railway. shall be under the hand of such party: and such appointment shall be delivered to the arbitrator or arbitrators ad shall be deemed a sub- mission 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 any such dispute or other matter shall have arisen and after a request in writing shall have been served hy the one party on the other party to appoint an arbitrator such last- mentioned party fail to appoint such arbitrator then upon such failure it shall be lawful for the Attorney Gencral 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. : Facancy of arbitra: 20. If before the matter so referred shall be determined any pe' arbitrator appointed by cither 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 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 arbitrators may proceed 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. Appointment of 21. Where more than one arbitrator shall have been appointed ' such arbitrators shall before they enter upon the matters referred to them nominate and appoint by 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 die or refuse or for seven days neglect to act after being called upon to do so by the arbitrators they shall forthwith after such death refusal or neglect appoint another umpire in his place and the decision of every such umpire on the matters so referred to him shall be final. Attorney General to 22. If in either of the cases aforesaid the arbitrators shall refuse aero ee " or for seven days after request of either party to such arbitration neglect to appoint an umpire it shall be lawful for the Attorncy General 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. In case of death of 23. If when a single arbitrator shall have been appointed such mater to begin the arbitrator shall dic or become incapable or shall refuse or for fourteen de novo, 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. F cither arbitrator 24. If where more than one arbitrator shall have been appointed . other to proceed ex Cither of the arbitrators shall refuse or for scven days neglect to act parte, the other arbitrator may proceed alone and the decision of such other arbitrator shall be as effectual as if he had been the single arbitrator appointed by both parties. If arbitrators fail to 25. If when more than one arbitrator shall have been appointed kia toreaty oe and where neither of them shall refuse or neglect to act as aforesaid days the matter to such arbitrators shall fail to make their award within twenty-one days 5 pr after the day on which the last of such arbitrators shall have been appointed or within such extended time (if any) as shall have becn appointed for that purpose by both of such arbitrators under their hands 1867. 31° VIC. 29 7 Hartley Vale Colliery Railway. hands the matters referred to them shall be determined by the umpire to be appointed as aforesaid. 26. The said arbitrators or their umpire may call for the pro- Powers of arbitrators duction of any documents in the possession or power of either party tal! for books &e. which they or he may think ncecessary for determining the question in dispute and may examine the parties or their witnesses on oath and administer the oaths necessary for that purpose. 27. Before any arbitrator or umpire shall enter into the con- Arbitrator or umpire sideration of any matters referred to him he shall in the presence of a for faithiul discharge Justice of the Peace make and subscribe the following dcclaration of duty. (that is to say)— I A. B. do solemnly and sincerely declare that I will faithfully and honestly and to the hest of my skill and ability hear and determine the matters referred to me under the pro- visions of the "Iartley Vale Colliery Railway Act 1867" Made and subscribed in A.B. the presence of And such declaration shall be annexed to the award when made and Penalty for if any arbitrator or umpire having made such declaration shall wilfully misconduct. act contrary thercto he shall be guilty of a misdemeanor. 28. All the costs of any such arbitration and incident thereto Cost of arbitration to be settled by the arbitrators shall he borne by the promoters unless how t be borne. the arbitrators shall award the same or a less sum than shall have been offered by the promoters in which case each party shall bear his own costs incident to the arbitration and the cost of the arbitrators shall be borne by the parties in equal proportions unless the amount awarded shall be one-fourth less than the amount in which case the whole cost shall be paid by the claimant Provided that if cithcr party shall be dissatisfied with the cost allowed by the arbitrators as aforc- said the costs may be taxed by the Prothonotary or other proper officcr of the Supreme Court and the amount allowed by such ofticcr shall be the amount of costs to be paid. , 29. The arbitrators shall deliver their award in writing to the ward to be promoters who shall retain the same and shall forthwith on demand 'elivered to the at 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 such award. 30. The submission to any such arbitration may he made a Submission may be Rule of the Supreme Court on the application of cither of the parties mdes Rule of Provided always that it shall in the first instance have been agreed. Dy proviso, both parties that the submission to the arbitration may be so made a Rule of the Supreme Court. 31. No award made with respeet to any question referred to Award not voia arbitration under the provisions of this Act shall be sct aside for through error in irregularity or error in matter of form. , 32. The promoters shall make compensation and satisfaction to Compensation for "the said owners and occupicrs the amount of such compensation and (rp tenner satisfaction to be ascertained and recovered in ease of difference in the injuries. manner hereby provided for temporary permanent or recurring injury and all other damage loss costs charges and inconvenience which may in anywisc be occasioned to the said owners or occupiers by the non- performance by the said promoters of any of the matters and things hereby required to be performed by them or otherwise. 33. In every case where the promoters shall take temporary Compensation to be . . . : made for temporary possession of lands by virtue of the powers hereby granted it shall De occupation. iIncuubent on them within one month after their entry upon such lands upon being required so to do to pay to the occupier of the said lands Interpretation clause. Act to be deemed a public Act 31° VIC. 1867. Hartley Vale Colliery Railway. lands the value of any crop or dressing that may be thereon as well as | full compensation for any other damage of a temporary nature which he may sustain by reason of their so taking possession of their lands and they shall also from time to time during their occupation of the said lands pay half-yearly to such oceupier or to the owner of the lands as the case may require a rent to be fixed by two Justices in casc the parties differ and shall also within six months after the com- pletion of the Railway pay to such owners and occupiers or deposit in the 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. 34, The following words and expressions in this Act shall have the meaning hereby assigned to them unless there be something cither in the subject or context repugnant to such construction The word "promoters " shall mean the said James Brown Alexander Brown and Stephen Foyle their representatives or assigns owners for the time being of the said Coal Mines and Collieries The word " Railways " shall mean the Railways hereby authorized to be constructed and in citing this Act it shall be sufficient to use the expression "The Hartley Vale Colliery Railway Act 1867" The word "Justice" shall mean Justice of the Peace in and for the Territory of New South Wales and where any matter shall be authorized or required to be done by two Justices the expression 'two Justices" shall mean two Justices assembled and acting together in Petty Scssions and where under the provisions of this Act any notice shall be required to be given to the owner of any land or where any act shall be authorized or required to be done with the consent of any such owner—the word " owner " shall be understood to mean any person or corporation who under the provisions of this Act would be able to sell land to the promoters. 85. This Act shall be deemed and taken to be a public Act and shall be judicially taken notice of as such by the Judges of the Supreme Court of New South Wales and by all other Judges Justices and others within the Colony of New South Wales and its Dependencies without being specially pleaded. THE SCHEDULE HEREINBEFORE REFERRED TO. Commencing on the north boundary line of James and Alexander Brown's three hundred and twenty acres at a point sixteen chains west or thereabouts from the north-east corner and passing thence diagonally through the south-cast portion of three hundred and twenty acres of Crown land a length of twenty-cight chains or thereabouts thence through James and Alexandcr Brown's fifty-four acres a length of nine chains or thereabouts thence through James and Alexander Brown's three hundred and ten acres proceeding north- casterly and northerly passing C and D pits for a length of one hundred and ten chains or thereabouts thence into Crown lands being an allotment a length of seventeen chains or thereabouts thence into Crown land being another allotment crossing the road from Newcastle to Wallsend thence through the same allotment crossing a reserved road into a third Crown allotment passing diagonally through its north-west part into land belonging to the repre- sentatives of the late Henry Dangar at a point in the southern boundary of the said land nine chains or thereabouts from its south-west corner and through the said Jand curving to the north-east into the land of the Australian Agricultural Company passing through it in an easterly direction a length of two chains or thereabouts until it meets the fence of the Great Northern Railway and terminating there at a point two miles and seventy-four chains or thereabouts from the city of Newcastle And also a Branch Line from the said Hartley _ Vale Collicry Railway commencing at the northern boundary line of the said three hundred and ten acres and running south-westerly through a portion of the said three hundred and ten acres thence continuing through James and Alexander Brown's two hundred and cighty acres to the western boundary thereof. An