New South Wales: Leconfield Coal-mine Railway Act of 1889 53 Vic (NSW)

An Act to enabie a Company called the "Greta ferme cou MINE RAILWAY. Coal Company (Limited)" to construct a — Railway from the Leconficld Coal-mine to the Great Northern Railway; also a Branch Line in connection therewith. [10th October, 1889. | THEREAS the 'Greta Coal Company (Limited)," a joint stock Preambic. company duly registered under an Act of the Victorian Parliament. made and passed in the twenty-seventh year of Ifer present Majesty Queen Victoria, number one hundred and ninety, and herein- after designated the Company, have opened coal-mines and established collicries on lands situate near Greta, in the county of Northumberland ; and in order to facilitate communication between the said coal-mines and the Great Northern Railway the Company is desirous of constructing a railway from their said coal-imines to the Great Northern Railway, such railway to run through certain private Iands and across the Great Northern Road, as described or mentioned in the Schedule to this Act, and a branch line also described or mentioned in the said Schedule Authority to construct railway and connect same with Great Northern Railway. Site of railway shall be vested in the Company without conveyance, 53° VIC. 1889. Leconfield Coal-mine Raihway. Schedule, both which railway and branch line are hereinafter termed "the railway." And whereas the said coal-mines are likely to prove beneficial to the Colony, and the public are concerned in promoting such an inerease in and facilities for the supply of coal for local consumption, steam navigation, and export as would result from the construction of the railway, and the traffic on the Great Northern Railway would be increased thereby. And it is desirable to authorize by Legislative enactment the construction and maintenance of the railway, subject to the provisions hereinafter contained. Be it there- fore 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 Company to make and construct the railway from the Great Northern Railway, at a point near the Greta Station, across the lands and in the directions described in the Schedule to this Act, with power to effect a junction with the said Great Northern Railway in the same manner as if the last-mentioned railway was a railway made under the provisions of the " Public Works Act of 1888," and subject to the terms, conditions, and restrictions enacted in the one hundred and twelfth section thereof. And to take and use so much of the roads and lands referred to in the said Schedule as may be required for the purposes of the railway, but so that the same shall not occupy in any part thereof (except near the junction with the said Great Northern Railway) a greater space in breadth than sixty-six fect, including the supports and foundations thereof. And also to take and occupy three acres of land or any less area at the janction of the railway with the existing branch railway from Greta Station. Provided that the railway shall be constructed and brought- into use within three years after the passing of this Act. Provided further that this authority shall not extend beyond ninety-nine years from the passing of this Act. And the lands taken by and in pursuance hereof at the end of the said period of ninety-nine years, or if the railway shall not be constructed and brought into use within three years after the passing of this Act, or if after its completion the rail- way shall cease to be used for one year continuously, then at the end of such respective periods shall become the absolute property of the several persons to whom the same belonged immediately before the exercise by the Company of the powers hereby conferred, their heirs er assigns. 2. The Company, its successors and assigns, shall have all necessary rights of ingress and egress to and over and upon the adjacent lands, and all such other rights as are required for the construction, repair, completion, maintenance and use of the said railway. DProvided that the exercise of such rights shall be as little injurious to the said adjoining lands as the nature of the case will admit of. And full compensation shall be made to the owners or oceupiers of such lands for the loss, injury, and inconvenience sustained by them respectively by reason of the exercise of such rights. The amount of such compensation, in case of any dispute about the same, shall be settled by arbitration in the manner hercinafter mentioned. Provided also that if in the exercise of the powers hereby granted, it be found necessary to cross-cut through, sink, raise, or use any part of any road, whether carriage-road or horse-road, so as to render it im- passable for, or dangerous, or inconvenient to the persons entitled to the use thereof, the Company shall before the commencement of any such operations, cause a sufficient road to be made instead of any road interfered with, and shall at their own expense maintain such substi- tuted road in a state as convenient as the road interfered with, or as nearly 1889. 53° VIC. Leconfield Coal-mine Raihvay. nearly as may be. And the Company before they use the said lands for any of the purposes aforesaid, shall if required so to do, separate the same by a sufficient fence from the land adjoining thereto, with such gates as may be required for the couvenient occupation of such lands, 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 oceupicrs of such roads and lands and the Company, as to the necessity for such fences and gates, then the Company shall put up and erect such fenees and gates as any two Justices shall deem necessary for the purposes aforesaid, on application being made to them. 8. The gauge of the railway shall be the Government standard Gauge. gauge of four feet cight and a-half inches. Provided that pending the completion thereof during the period mentioned, it shall be lawful for the Company to construct and use a railway of the gauge of two feet nine inches. 4, The railway shall be open to the public use upon payment Railway shall bo of a toll to the Company of a sum not exceeding twopence per ton per Pe ¢ He public. mile, in respect of every ton of goods for every transit, the party sceking transit supplying and loading his own trucks or waggons, and the Company supplying locomotive power, and all trucks when emptied shall be conveyed on their return free of charge. Provided always that it shall not be compulsory on the Company to supply locomotive power, unless the party secking transit guarantee and bring fifty tons at least during the twelve working hours, and give notice of same at least twenty-four hours previously. The railway shall at all times be open to the public upon payment of a toll to the Company of a sum not execeding three half-pence per ton per mile in respect of every ton of goods for every transit, if the party seeking transit supply the locomotive power as well as the trucks and waggons. Provided that so long as the Company shall be willing to supply locomotive power, no other person shall use locomotive power on the line, other than the Railway Commissioners of New South Wales. Provided that if the railway shall be damaged by parties who shall themselves use the railway for transit, and supply locomotive power, the Company shall be entitled to compensation for such damage, to be recovered cither by action in the Supreme Court of New South Wales, or if such damage do not exceed the sum of twenty pounds, before two Justices ; and in estimating such damage the Company shall be entitled not only to compensation for the cost of repairing and restoring the railway, but to the consequential damage (if any) sustained by reason of the suspension of transit or otherwise. 5. It shall be lawful for the owners or occupiers of the lands Branch railways. traversed by or adjoining or adjacent to the railway to lay down upon their own lands any collateral branches of railway to communi- cate with the railway for the purpose of bringing carriages to or from or upon the railway, and the Company 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 railway, and without inconvenience to the traffic thereupon, but this enactment shall be subject to the following restrictions and conditions (that is to say) — The Company shall not be bound to make any such openings in any place which they shall have sct apart for any specific purpose with which such communication would interfere, nor upon any inclined plane or bridge, nor in any tunnel. The Branch railways crossing railway. Right of ownows of adjoining land to apply to Parliament not prejudiced. Power to divert or alter roads. Penalty for not substituting a road. Road repairs. 53° VIC. 1889. Leconfield Coal-mine Railway. The persons 1aking or using such branch railways shall be subject to all by-laws and regulations of the Company 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 Company under the direction of their engineer. 6. It shall be lawful for the owners or occupiers of the land traversed by or adjoining or adjacent to the railway to lay down upon their own lands any railway, tramway, waggon, or other way for the purpose of working the mines and minerals "underlying their said lands, under, across, and intersecting the railway in places where the crossings can be made with safety to the public and without damage to the railway. And also to pass and repass, across, under, and at the points of intersection of the said railway, but not so as unnecessarily to obstruct or interfere with the proper and convenient working of the railway and the other works of the Company. Provided that the powers conferred by this section shall be subject to the conditions in the last-preceding section contained. 7. Nothing herein contained shall be deemed in any way to prejudice the right of the owners or occupiers of lands traversed by or adjoining or adjacent to the railway to apply for an Act to enable them to construct a railway from their said lands to the Great Northern Railway for the purpose of beneficially working and developing the mines and minerals underlying their said lands. 8. For the purposes and subject to the provisions hereinafter contained it shall be lawful for the Company, their deputies, agent, servants, and workmen, and all other persons by them authorized and empowered, to divert or alter the cowrse of any road or way crossing the railway, or to raise or sink any road or way in order the more convenicntly to carry the same over or under or by the side of the railway. 9. If the Company do not cause another sufficient road to be so made before they interfere with any such existing road as aforesaid, they shall forfeit ten pounds for every day during which such substi- tuted road shall not be made after the existing road shall have been interrupted, and such penalty shall be paid to the trustees, commis- sioners, 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 any Court of competent jurisdiction. 10. If in the course of making the railway the Company shall use or interfere with any road they shall from time to time make good all damage done by them to such road, and if any question shall arise as to the damage done to any such road by the Company, or as to the repair thereof by them, such question will 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 the Company, and within such period as they may think reasonable, and may impose on the Company for not carrying into cect sueh repairs any penalty not execeding 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 Company, if a public road, and be applicd for the purposes of such road, or, if a private road, the same shall be paid io the owner thereof. Provided always the said Justices shall have regard to and shall inak full allowance for any tolls that may have been "paid by the Company on such road in the course of the using thereof. 11. 1889. 53° VIC. Leconfield Coal-mine Railway. 11. Until the Company shall have made the bridges or other Owners crossing. proper communications, which they shall, under the provisions in this Act contained have been required to make between lands inter- sected and 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 frecly pass and repass with carriages, horses, and other animals, directly, but not otherwise, across any part of the railway made in or through or adjoining their respective Jands solely for the purpose of oceupying the said 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 owncr or occupier of any such lands have in his arrangements with the Company reccived or agreed to reccive compensation for or on account of anysuch communications instead of the same being formed, such owner or occupicr, or those claiming under him, shall not be entitled so to cross the railway. 12. If the railway cross any public highway or parish road on a level, the Company shall crect, and at all times maintain good and 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, execpt during the time when horses, cattle, carts, or carriages passing along the sane 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 entcring 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 not exceeding forty shillings for every default therein, recoverable before two Justices. Provided always that it shall be lawful for the said Commissioners in any case in which they shall be satis- fied that it will be more conducive to the public safety that the gates or any level crossing over any such road shall be kept closed across the railway to order that such gates be kept so closed instead of across the road, and in such case such gates shall be kept constantly closed across the railway, except when engines or carriages passing along the railway shall have occasion to cross such road in the same manner and under the like penalty as above directed with respect to the gates being kept closed across the road. 13. In ease of accidents or slips happening or being apprehended to the cuttings, embankments, or other works of the said railway, it shall be lawful for the Company, and their workmen and servants, to enter upon the land adjoining thereto at any time whatsoever, for the puxpose of repairing or preventing such accidents, and to do such works as may be necessary for the purpose, but in every such case the Company shall within forty- eight hours after such entry make a report to the said Commissioners 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 they shall, after considering the said report, certify that their exercise is not necessary for the public safety. Provided also that such works shall be as little injurious to the said adjoining lands as the nature of the accident, or apprehended acciden will admit of, and shall be executed with all possible despatch, and fu compensation shall be made to the owners and occupicrs of such land for the loss, or injury, or inconvenience sustained by them respectively by reason of such works, the amount of which compensation i in case of any dispute about the same shall be settled by arbitrators in the manner hercinafter mentioned. And provided also that no land shall be DQ ms Provisions in cases where roads are crossed on 2 level. Power to enter upon adjoining lands to repair accidents subject to certain restrictions. 64 , 53° VIC. 1889. Leconfield Coal-mine Railway. be taken for any such works otherwise than is in this Act provided with respect to the lands originally taken for the purpose of making the said railway. Construction of 14. Every bridge to be erected for the purpose of carrying the 5 ' railway over any road shall be built in conformity with the following 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 feet for a space of twelve feet if the arch be over a main road, and fifteen fect for a space of ten feet if over a public carriage road, and in cach of such cases he 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. The descent made in the road in order to carry the same under he bridge shall not be more than onc foot in thirty fect if the bridge be over a public highway, one foot in twenty fect if over a parish road, and one foot in sixteen feet if over a private road not being a tramroad or railroad, or if the same ea tramroad or railroad the descent shall not be greater than the ruling gradient of such tramroad or railroad. Construction of 15. Every bridge erected for carrying any road over the rail- bridges over ruil" way shall be built in conformity with the following regulations (that is to say) :— There shall be a good and sufficient fence on cach side of the bridge of not less height than four fect, and on cach 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 fences thereof of thirty-five fect if the road be a public high- way, 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 he a main road, one foot in twenty feet if a parish road, and one foot in sixteen 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 16. Provided always that in all cases where the average avail- bridges need not op @ble width for the passing of carriages of any existing road within the road in certain fifty yards of the points of crossing the same is less than the width cases, hereinbefore 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 yailway the average available width of any such road shall be inereased beyond the width of such bridge on cither side thereof the Company 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 sur- veyors of such road, not execeding the width of such road as so widened, or the maximum width herein preseribed for a bridge in the like case over or under the railway. Existing inclination 17. Provided also that if the mean inclination of any road diverted need not bo Within two hundred and. fifty yards of the point of crossing the improved. same, or the inclination of such portion of any road as may be pre- : served 1889. 53° VIC. Leconfi eld Coal-mine Railway. served to be altered, or for which another road shall be substituted shall be stceper than the inclination hereinbefore required to be preserved by the Company, then the Company 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 said mean 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. 18. The Company shall make and at all times thereafter main- 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 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 for separating the land taken for the use 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 neccessary 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 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 passages cither over or under, or by the sides of the railway, 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 railway as before the making of the railway, or as nearly so as may be, and such works shall be made from time to time as the railw ay works proceed. Also proper watering- places for cattle, or compensation in licu thereof where by reason of the railway the cattle of any person occupying any lands lying near thereto shall he deprived of access to their former watering-places, and such watering-places shall be so made as to he at all times sufli- ciently supplied with water as theretofore. And as if the vailway had not been made, or as nearly so as may be. And the Company shall make all necessary water-courses and drains for the purpose of conveying water to the said watcring-places. Provided always that the Company shall not be required to make such accommodation works in such a mamner as would prevent or obstruct the working or using of the railway, nor to make ¢ any ac -commodation works with respeet "to which the owners and occupiers of the land shall have agreed to veecive and shall have been paid compensation instead of the making them. 19. 'The Company shall not be entitled by virtue of this Act to any mines of coal, ironstone, slate, or other minerals under any private land whereof the surface is vested in them by virtue of this Act, exeept only such parts thereof as shall be necessary to be dug or carried away in the construction of the works hereby authorized. And such mines shall not be deemed to vest in the Company by virtue of this Act. 20. R Works for benefit of owners. Gates, bridges, &e. S Fences. Drains. Watering-places. Minerals not to pass. 66 53° VIC. 1889. Leconfield Coal-mine Railway. Penalty on persons 20. If any person omit to shut and fasten any gate set up at omitting to fasten gither side of the railway for the accommodation of the owners or " occupiers of the adjoining lands so soon as he and the carriage, cattle, or other animals under his care have passcd through the same, he shall forfeit for every such offence any sum not execeding ten pounds, recoverable before two Justices. Owners of lunds 21. Anything herein contained to the contrary notwithstanding, traversed by railway the owners of the lands adjoining or traversed by the railway shall unersane. shave all rights, liberties, and powcrs which shall be necessary and proper for "the beneficial working of the mines and mincrals under the said lands. Provided that the railway shall not be injured or interfered with by any such working of such mines or minerals. Compensation clause. 92. If within twenty-eight days after the passing of this Act the said persons through whose lands the railway shall pass, or any of them, and the Company shall not agree as to the amount of com- pensation to be paid by them for the said lands belonging to the said partics or any of them, or for any damage that may be sustained by them or any of them 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 Appointment of manner hereinafter mentioned (that is to say). Unless both partics arbitrators. shall concur in the appointment of a single arbitrator, cach party, on the request of the other party, shall nominate and appoint an arbitrator to whom such dispute or other matter shall be referred. And every appointment of any arbitrator shall be under the hand of such party. 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 whem 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 by the one party on the other party to appoint an arbitrator, such last- inentioned party fail to appoint such arbitrator, then upon such failure it shall be lawtul 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. Vacancy of arbitrator 238. If before the matter so referred shall be determined any to be supplied. arbitrator appointed by either party shall dic or become incapable, or refuse, or for fourteen days neglect to act as arbitrator, the party by whom such arbitrator was appointed may nominate and appoint in writing some other person to act in his place. And if for the space of seven days after notice in writing from the other party for that purpose he fail to do so, the remaining or other 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 24, Where more than one arbitrator shall have been appointed umpire, 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 dic, or refuse, or for seven days neglect to act after being called upon to do so by the arbitrators, they shall forthwith after 1889. 53° VIC. 67 Leconfield Coal-mine Railway. 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. 25. If in either of the cases aforesaid the arbitrators shall Attorney-Genem to refuso, or for seven days, alter request of either party to such arbi- sppeint an umpire tration, neglect to appoint an umpire, it shall be' lawful for the" Attorney-Gencral for the time being, on the application of either party to such arbitration to appoint an wmpire, 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. 26. If when a single arbitrator shall have been appointed such In case of death of arbitrator shall dic or become incapable, or shall refuse, or for ae ie fourteen days neglect to act before he shall have made his award, nov. 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. 27. If where more than one arbitrator shall have been 1 cither arbitrator appointed cither of the arbitrators shall refuse, or for seven days then to yoeeeal neglect to act, the other arbitrator may proceed alone, and the decision ez parte. of such other arbitrator shall be as effectual as if he had been the single arbitrator appointed by both parties. 28. If where more than one arbitrator shall have been If arbitrators fait to appointed and where neither of them shall refuse or neglect to act Mie Henin as aforesaid, such arbitrators shall fail to make their award within days the matter to twenty-one days after the day on which the last of such arbitrators & ' wr shall have been appointed, or within such extended time (if any) as shall have been appointed tor that purpose by both of such arbitrators under their hands the matters referred to them shall be determined by the umpire to be so appointed as aforesaid. 29. The said arbitrators or their umpire may call for the pro- Powers to arbitrators duction of any documents in the possession or power of cither party & "fer Woks, &e. which they or he may think necessary for determining the question in dispute, and may examine the partics or their witnesses on oath, and administer the oaths necessary for that purpose. 30. 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 f make dertuntion a Justice of the Peace, make and subscribe the following declaration ofauty. (that is to say)— I, A.B. do solemnly and sincerely declare that TI will faithfully and honestly, and to the best of my skill and ability, hear and determine the matters referred to me under the pro- visions of the "Leconfield Coal-mine Railway Act of 1889." Made and subscribed in the presence of A.B. And such declaration shall be annexed to the award when made ; and Penalty for miscon- it any arbitrator or umpire having made such declaration shall @* wilfully act contrary thercto he shall be guilty of misdemeanour. 31. All the costs of any such arbitration and incident thereto Cost of arbitration to be settled by the arbitrators shall be borne by the Company, unless bv '? be bere. the arbitrators shall award the same or a less sum than shall have been offered by the Company, in which case cach party shall bear his own costs incident to the arbitration, and the costs of the arbitrators shall be borne by the partics in equal proportions unless the amount awarded shall be one-fourth less than the amount offered by the Company, in which case the whole costs shall be paid by the claimant. Provided that if cither party shall be dissatisfied with the costs allowed by the arbitrators as aforesaid the costs may be taxed by the Prothonotory or other proper officer of the Supreme Court, and the amount allowed by such officer shall be the amount of costs to be paid. 32. Award to be delivered to the Company. How compensation to be paid when any of parties under any disability. Submission may be made a rule of Court. Award not void through error in form. Compensation for temporary or perma- nent or recurring injuries, Compensation to be nude for temporary occupation, Sheriff authorized to give possession of certain lands. 53° VIC. 1889. Leconfield Coal-mine Railway. 32. The arbitrators shall deliver their award in writing to the Company who shall retain the same and shall forthwith, on demand, 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 be 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. 33. If the person or persons through whose lands the railway shall pass, shall be under any disability or incapacity, or shall be entitled only to a partial or qualified interest in the said lands, or not entitled to dispose of the same absolutely for his or their own benefit, or shall be absent from this Colony, the amount of compensation to be paid by the Company as aforesaid shall be ascertained, and when so ascertained shall be paid into the Supreme Court of New South Wales to be applied for and obtained by the parties legally entitled thereto. 3. The submission to any such arbitration may be made a rule of the Supreme Court on the application of cither of the parties. 35. No award made with respect to any question referred to arbitration under the provisions of this Act shall be sct aside for irregularity or error in matter of form. 36. The Company shall make compensation and satisfaction to the said owners and occupiers (the amount of such compensation and satisfaction to be ascertained and recovered in case of difference in the manner hereby provided) for temporary, permanent, or recurring injury, and all other damage, loss, costs, charges, and inconvenience which may in anywise be occasioned to the said owners or occupicrs by the non-performance by the Company of any of the matters and. things hereby required to be performed by them or otherwise. 37. In every case where the Company shall take temporary possession of lands by virtue of the powers hereby granted, it shall be incumbent 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 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 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 six months after the completion of the railway pay to such owner and occupier, or deposit in a bank for the benefit of all partics interested, as the case may require, compen- sation of 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. 38. If in any case in which, according to the provisions of this Act, the Company is authorized to enter upon and take possession of any lands required for the purpose of the undertaking, the owner or occupier of any such lands, or any other person, refuse to give up the possession thereof, or hinder the Company from entering upon or taking possession of the same, it shall be lawful for the Company to issue its warrant to the Sherif to deliver possession of the same to the person appointed in such warrant to reccive the same, and upon the receipt of such warrant the Sheriff shall deliver possession of any such lands accordingly, and the cost accruing by reason of the issuing and execu- tion of such warrant, to be settled by the Sheriff, shall be paid by tic person refusing to give possession, and the amount of such costs shall be deducted and retained by the Company from the compensation, if any, then payable to such person refusing to give possession, or if no such 1889. 53° VIC. 69 Leconfield Coal-mine Railway. such compensation shall he payable to such person, or if the same be less than the amount of such costs, then such costs, or the exeess thereof beyond such compensation, if not paid on demand, shall be levied by distress, and upon application to any Justice for that purpose he shall issue his warrant accordingly. 39. For the purpose of regulating the conduct of the officers Company may make and servants of the Company, and for providing for the due manage- 'S"*. ment of the affairs of the Company in all respects, it shall be lawful for the Company, subject to the provisions in this Act contained, from time to time to make such by-laws and regulations as they shall think fit. Provided that sueh by-laws be not repugnant to the Jaws of the Colony, or to the provisions of this Act, or to any resolution of any gencral meeting of shareholders, and such by-laws shall be reduced into writing, and shall have affixed thereto the common seal of the Company, and a copy of such by-laws shall be given to every officer and servant of the Company affected thereby, and such by-laws may specify a maximtm and minimum penalty for any breach thereof, such penalty to be proceeded for and recovered under the provisions of the Act cleventh and twelfth Victoria chapter forty- three. Provided always that any by-laws of the Company relating to penalties must be first approved of by the Attorney-General of the Colony for the time being. 40. The production of a printed or written copy of the by-laws Evidence of by-laws, of the Company, having the common scal of the Company affixed thereto, shall be sufficient evidence of such by-laws in all proceedings under the same, 41. Nothing in this Act shall be deemed to authorize the Lands belonging to Company to take or enter upon any lands belonging to the said Gornisiones for Commissioners, or to alter or to interfere with the Great Northern taken. ° : Railway, or any of the works thereof, further or otherwise than is necessary for making the junction and intercommunieation between the railways without the previous consent in writing in every instance of the said Commissioncrs. 42. The said Commissioners shall from time to time ercet such Commissioners may signals and conveniences incident to the junction either upon their own crrccint natelimen lands or on the lands of the Company, and may from time to time and switchmen. appoint and remove such watchmen, switchmen, and other persons as may be necessary for the prevention of danger to, or interference with, the traflic at or near the junction, and in all cases at the expense of the Company. 43. The working and management of such signals and conye- Working of signals ] PAT AP ay 2 an Sen a, . , to be under regula- nienees wherever situate, shall be under the exclusive regulation of the june of Commis: said Commissioners. sioners. 44. Nothing herein contained shall alter, repeal, or otherwise "Goverment Railway affect the "Government Railway Act of 1888" and the " Public "Pantie wor + ° 1888" not altered or Works Act of 1888." repealed. 45. In this Act the word "Justices"? shall mean Justices of the Interpretation clause. Peace in and for the Colony of New South Wales; and when any matter is authorized or required to be done by, or any penalty or forfeiture is recoverable before two Justices, the expression " two Justices" shall mean two Justices assembled and acting together in Petty Sessions, or a Stipendiary or Police Magistrate, and the word "Owner" shall mean any person or corporation who, under the pro- visions of this Act is authorized to scll land to the Company. 46, This Act may be cited as the ''Leconficld Coal-mine Railway short title. Act of 1889." : : SCHEDULE. 53° VIC. 1889. Warwick Farm Railway. SCHEDULE. Commencing on the Great Northern Railway at the junction of the present Greta siding ; and proceeding thence along the said siding in a north-westerly direction (including the said siding and all its branches) through lands leased by the Greta Coal Company from W. Clift, to the southern side of the Great Northern Road; thence crossing that road, and proceeding north-westerly and northerly, running parallel to a subdivision fence through five hundred and thirty-six acres belonging to Edith Marianne Parnell, Charles Parnell, and Gerald Parnell; thence north-casterly to the northern boundary of said land ; thence still north-casterly and casterly through R. Wyndham's four hundred and twenty-seven acres and one thousand two hundred and forty-nine acres crossing the Dalwood Road to the Leconfield tunnels. Also a branch line starting at a point on the above described line, distant about one thousand five hundred. and seventy links west from its intersection with the western side of the Dalwood Road, and proceeding north-casterly through the Greta Coal Company's frechold of ninetcen acres two roods twenty-three perches to the southern side of the road from Branxton to Leconfield ; thence crossing that road and proceeding in a northerly and north-westerly direction to R. Wyndham's seven hundred and ninety-two acros one rood held under mincral lease by the aforesaid Greta Coal Company.