New South Wales: Maryville Colliery Company (Limited) Railway Act 1886 50 Vic (NSW)

20 50° VIC. 1886, Maryville Colliery Company Railway (Limited). coum corny AN Act to enable the " Maryville Colliery Rawway (LIMIveED). — Company (Limited)" to construct a Rail- way or Tramway from land at Wickham near Neweastle to and connect the same with the Government Railway to Bullock Island Neweastle. [1st July, 1886. ] Preamble. HEREAS the " Maryville Colliery Company (Limited)"' herein- after designated the said Company have opened a coal-mine and established a colliery on a parcel of land situate at Wickham near Newcastle in the county of Northumberland And whereas the said Company have commenced and made considerable progress in the construction of a railway for conveying coals from the said mine and colliery across certain lands leased by them from one Peter Fleming and the "Wickham and Bullock Island Coal Company (Limited)" respectively to the Government Railway to Bullock Island near New- castle aforesaid but are unable to complete the construction of their said railway in consequence of Hannell-street Wickham aforesaid and certain intended streets of a proposed subdivision of the said land . belonging to the said Peter Fleming intersecting the line of their said railway And whereas the completion of the said railway will be of great public benefit in promoting the supply of coal for local consump- tion steam navigation and export And whereas it is essential to such completion that the said Company should be empowered to carry the line of the said railway across the said certain intended strects of the said proposed subdivision of land at Wickham. aforesaid belonging to the said Peter Fleming and also across Hannell-street Wickham aforesaid upon terms and conditions to be determined by Parliament 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 :— Authority to com- 1. It shall be lawful for the said Company their sucessors or Piette and construct assiens upon the terms and conditions and subject to the provisos railway across Annie James Robert and other enactments hereinafter contained to complete and construct and Hannell Strects . "yo i Wickham, the said railway already so commenced as abovementioned across certain proposed streets known as and to be called Annie-street James- street' and Robert-street of a proposed subdivision of certain land at Wickham aforesaid belonging to one Peter Fleming and also across Hannell-street Wickham aforesaid such railway to be in the line described in the Schedule hereto and to take and use so much of the said streets as may be required for the purpose of the said railway but so that the same shall not occupy in any part thereof a greater space in breadth than sixty-six feet. Power to enter upon 2. The said Company their successors and assigns shall have all said streets for con- ' . ' 7 necessary rights of ingress and egress to and over the surface of the struction repair : completion and use said Annie James Robert and Hannell-streets as are required for the of railway subject to construction repair completion and use of the said railway Provided that nothing herein contained shall impair or be held to impair the lawful authority of the Borough of Wickham or of any other corpora- tion Company or person to make all entries and exercise all other powers necessary for the construction maintenance and preservation of gas-works water-works sewerage-works and other works lawfully con- structed underground. 3. 1886. 50° VIC. ; 21 Maryville Colliery Company Railway (Limited). 3. The said Company their successors or assigns shall he at Liberty to cross liberty to cross the said LHannell-stveet on a level and in that event level nut precuntions they shall erect and at all times maintain good and sullicient gates to de obsersed in across the said Ianncll-street on each side of the railway crossing st erent the same and shall employ proper persons to open and shut such gates and such gates shall be kept constantly closed across such street on both sides of the railway execpt 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 Seerctary for Public Works in case he shall be satisfied that it will be more conducive to the public safety that the gates over the said Hannell- street shall he 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 he kept constantly closed across the railway except when engines or carriages passing along the railway shall have occasion to cross such street in the same manner and under the like penalty as above directed with respect to the gates being kept closed across the strect. 4, It shall be lawful for the said company their successors or Power to use railway assigns to usc and employ on the said railway locomotives engines or ccmeure engines other moving power and carriages and waggons to be drawn or propelled thereby. The railway and locomotives shall be open to public usc upon Railway and loco- payment of a toll to the Company their successors or assigns of the ree tiene oe rate per ton per mile from time to time charged to the public on the payment of a toll to Great Northern Railway the party secking transit supplying and load- °°"? ing his own trucks or waggons and all trucks when emptied shall be conveyed on their return free of cost. SCILEDULE. The centre linc of the Maryville Coal-miming Company's Railway branches off from the Northern line of the Government railway | to Bullock Island at a point two hundred and two links distant from the western end of the Government Railway bridge across Throsby's Creek thence into a curve cight chains radius northwards the tangent of which curve bears two hundred and forty- four degrees twenty-three minutes "and thirty degrees along Government Railway ground to two hundred 'and thirty-six links thence through the preperty of the Bullock Island Coal- mining Company in the eon- tinuation of the said curve of cight chains radius to three hundred and twenty-one links thence through a public road called Hannell-strect in the continuation of the said curve of eight chains radius to three hundred and sixty-nine Jinks thence through section G of the Linwood Subdivision in the continuation of the said curve of eight chains radius to seven hundred and twenty-eight links thence through Robert-street of the Linwood Sub- division in the continuation of the said eurve of cight chains radius to nine hundred and twenty-two and a half links thence through section H. of the Linwood Subdivision in the continuation of the said enrve of eight chains radius to one thousand and sixty links thence through James-street of the Linwood Subdivision in a straight line bearing three hundred and nineteen degrees ten minutes to one thousand two hundred and seven links thence through scetion J of the Linwood Subdivision in the continuation of the said straight line bearing three hundred and nineteen degrees ten minutes to one thousand two hundred and thirty-one links thence through Amnie-strect of the Linwood Sub- division in the continuation of the said straight line bearing three hundred and nineteen degrees ten minutes to one thousand three hundred and sixty-six links thenee through section L of the Linwood Subdivision in the continuation of the said straight line bearing three hundred and nineteen degrees ten minutes to one thousand four hundred and sixty- seven and a half links and lastly into and through the property of the Maryville Coal- mining Company in the continua ition of the said st traight line bearing three hundred and nineteen degrees ten minutes. An