New South Wales: Oakey Park Coal-mining Company's Railway Act of 1889 53 Vic (NSW)

Oakey Park Coat- MINING CoMPANyY's Ramway, Preamble. Authority to con- struct railway and to connect the same with the Great Western Railway. from the construction of the railway; it is therefore desirable to An Act to enable the Oakey Park Coal-mining Company, Limited, to construct a line of Railway from land near Lithgow belong- ing to the said Company, and to connect the same with the Great Western Railw ay. [21st September, 1889. ] HEREAS the Oakey Park Coal-mining Company, Limited, a / joint stock company, duly registered under and in accordance with the provisions of the " Companies Act," and hercinafter designated the Company, have opened coal-mines on land situated near Lithgow, in the parish of Lett, county of Cook, and are desirous of constructing a railway from the said coal-mines to the Great Western Railway, near to Lithgow aforesaid, but as part of such railway is intended to be made upon and pass through lands in the said county not belonging to the Company, but believed to be the property of George Pile, John Yelverton Mills, John Bennett, and the Bank of New Zealand, and others, or some of them respectively, the same cannot be made without Legislative authority. And whereas the said coal-mines are likely to prove beneficial to this Colony, and the public are concerned in promoting such an inerease in the facilities for the supply of coal for local consumption, steam navigation, and export, as would result authorize by Legislative enactment the construction of the railway, subject to the provisions hereinafter contained, upon payinent of com- pensation to the several parties through whose lands the same shall pass, for such portions of their respective lands as may be required to be taken and oceupied 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 Company to make and construct the railway from the land belonging to the Company through lands granted by the Crown to James Cawley Tucker and Edward Biddulph Henning, 1889. 53° VIC. 15 Oakey Park Coal- "mining Company' 8 Railway. Ifenning, and now believed to be the properties of the several persons mentioned in the preamble of this Act, and to connect the same with the Great Western Railway, in accordance with the " Public Works Act of 1888," and use so much of the said lands as the Company may require for the purpose of the railway in the direction described in the Schedule of this Act, not exceeding in any part thereof a greater space in breadth than sixty-six fect, including the supports, abutments, and foundations of the railway. Provided that the railway shall be onstructed and brought into use within the term of two ycars from ne passing of this Act. 2. So much of the lands of the said owners or other persons as Lands vested in the shall be taken or used by the Company under the provisions of this Company without conyeyance, Act for the purpose of the railway, with such right of ingress, egress, and regress upon the adjacent lands as may be necessary for the making and repairing of the railway, shall, by virtue of this Act, and without the necessity of any conveyance, be vested in the Company. Provided that if in the exercise of the powers hereby granted it be found necessary to cross, cut through, raise, sink, shut, 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, or to divert the course cr direction of any ereck or watercourse, the Company shall, before the commencement of any such operations, cause a sufficient road or new ercek or watercourse to be made instead of any road or creck or watercourse interfered 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 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 convenient ogcupation 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 Company as to the necessity for such fences and gates, such fences and gates shall be put up by the Company as two Justices shall deem necessazy for the purposes aforesaid, on application being made to them. ae 3. The railway shall be open to the public usc upon payment Railway open to the of a toll to the Company of a sum not exceeding twopence per ton Pl per mile in respect of every ton of goods for every transit, the party secking 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. Provider alwa ays that it shall not be compulsory on the Company to supply locomotive power, unless the party seeking transit guarantee and bring fifty tons at least 'during the twelve w orking hours, and give notice of the same at least twenty-four hours previously. The yailway shall, a all times, be open to the public upon payment of a toll to the Com- pany of a sum not exceeding one penny 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. Provider that so long as the Company shall be willing to supply locomotive power, no othcr person shall usc locomotive power on the linc. 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 either by action in the Supreme Cowrt of New South Wales, or if such damage do not exceed the sum of twenty pounds, summarily before Branch railways. Power to divert or alter roads or watercourses, Penalty for not substituting roads or watercourses. Repairs of roads. 53° VIC. 1889. Oakey Park Coal-mining Company's Railway. 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. 4. And be it enacted that it shall be lawful for the owners or occupiers of the lands traversed by the railway to lay down upon their own lands any collateral branches of railway to communicate 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 inconvenicnee 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 haye set apart for any specific purpose with which such communication would interfere, nor upon any bridge, nor in any tunnel. The persons making 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 rail- way and otherwise, and the persons making or using sucii 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 enginecr. 5. For the purposes and subject to the provisions hereinafter contained, it shall be lawful for the Company, their deputics, agents, servants, and workmen, and all other persons by them authorized and empowered to divert or alter the courseof any roadway or watercourse crossing the railway, or to raise, sink, or divert any roadway or water- course, in order the more conveniently to carry the same over, or under, or by the side of the railway. 6. If the Company do not cause another sufficient road, or new creck, or watercourse to be so made before they interfere with any such existing road, creek, or watercourse as aforesaid, they shall forfeit ten pounds for every day during which such substituted road, creck, or watercourse shall not be made after the existing road, creek, or watercourse shall have been interrupted, and such penalties shall be paid to the Trustees, Commissioners, 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 recover- able, with costs, by action in any of the Superior Courts. 7. 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 shall be referred to the dcter- mination 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 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 Company, 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 1889. 53° VIC. 17 Oakey Park Coal-mining Company's Railway. Provided always the said Justices shall have regard to and shall make full allowance for any tolls that may have been. paid by the Company on such road in the course of using thereof. 8. If the ralway cross any public highway or parish road, Bridges to be con- then either such road shall be earried over the railway, or the railway silwey creme the shall be carried over such road by means of a bridge of the height and highway. 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 Company. Provided that with the consent of two Justices it shall be lawful for the Company to carry the railway across any highway on the level. 9. Until the Company shall have made the bridges or other Owners and proper communications which they shall under the provisions in this Cccupiers crossing. Act 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 occupy- ing the said lands or for the excreise 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 occupicr of any such land have in his arrangements with the Company reccived 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. If the railway cross any public highway or parish road on Provisions in cases a level, the Company shall, if ordered by two Justices so to do, ercet: Where routs re | and at all times maintain good and sufficient gates across such road on each side of the railway where the same shall communicate there- with, and shall, if so ordered as aforesaid, employ proper persons to open and shut such gates, and such gates shall be constantly kept closed across such road on both sides of the railway, except during the time when horses, cattle, carts, or carriages passing along the same shall have to eross the railw ay, and such gates shall he 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 ta.hbe 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 Railw ay Commissioners of New South Wales, in any ease in which they shall be satisfied that it will be more conducive to the public safety that the gates 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, except when engines or trucks 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. 11. In case of accidents or slips happening or being apprehended Pover to enter upon to the cuttings, embankments, or other works of the rail ay it shall reir accident be lawful for the Company and their workmen and servants to enter subject to certain upon the land adjoining thereto at any time whatsoever, for the "Hon purpose of repairing or preventing such accidents, and to do such works as Construction of bridges over roads, Construction of bridges over railroad. The width of the bridges need not ex- ceed the width of the 53° VIC. 1889. Oakey Park Coal-mining Company's Railway. as may be necessary for the purpose; but in every case the Company shall, within forty-eight hours after such entry, make a report to the Railway Commissioners of New South Wales, specifying the nature of such accident or apprehended accident and of the works necessary to be done, and such powers shall cease and determine if the said Commissioners shall, after considering the said report, certify that their exercise is not necessary for the public safety. Provided also, that such works shall be as little injurious to the 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 owners and occupiers of such lands for the loss or injury or inconveni- ence 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 in this Act provided with respect to the lands originally taken for the purpose of making the railway. 12. Every bridge to be erected for the purpose of carrying the 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 fect 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 feet for a space of ten feet if over a public carriage road, and in each of such cases the clear height at the springing of the arch shall not be less than twelve feet, 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 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 feet 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 railroad. 13. Every bridge erected for carrying any road over the railway shall be built in conformity with the following regulations, that is to say :— y There shall be a good and sufficient fence on cach side of the bridge of not less height than four fect, and on each side of the immediate approaches of such bridge of not less than three fect. The road over the bridge shall have a clear space between the fences thereof of thirty-five feet 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 be a main road, one foot in twenty fect if a parish road, and one foot in sixteen fect 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 that the ruling gradient of such tramroad or railroad. 14. Provided always that in all cases where the average available width for the passing of carriages of any existing road, within fifty road in certain cases. yards of the points of crossing the same, is less than the width herein- before prescribed for bridges over or under the railway, the width of such 1889. 53° VIC. Oakey Park Coal-mining Company's Railway. 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 ease 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 cither side thereo!, the Company shall be bound at their own expense to increase the width of the said bridge to such extent as they may he required by the trustees or surveyors of such road, not exceeding the width of such road as so widened on the maximum width herein prescribed for a bridge in the like case over or under the railway. 15. Provided also that if the mean inclination of any road within two hundred and fifty yards of the point of crossing the same, 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 Company, then the Company may carry any such road over or under the railway, or may construct such altered or substituted road at any 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. 16. 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 o 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 railw ay 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; all necessary stiles, and such posts, rails, and other fences shall he made forthwith after the taking of any such lands, if the owners thercof shall so yequire, and the said other works as soon as conveniently may be. Also, all necessary arches, tunnels, culverts, drains, or other passages, either 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 railway works proceed. Also, proper watering-places for cattle, or compensation in lieu 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 theretofore, and as if the railway had not been made, or as nearly as may be. And the Company shall make all necessary watercourses and drains for the purpose of conveying water to the said watering-places. Provided Existing inclination of roads crossed or diverted need not be improved. Works for benefit of owners, Gates, buildings, &e. Fences. Drains. Watering-places. Penalty on persons omitting to fasten gates. Minerals not to pass. Compensation clause, Appointment of arbitrators. Vacancy in arbitra- tion to be supplied. 53° VIC. 1889. Oakey Park Coal-mining Company's Railway. Provided always that the Company shall not be required to make such accommodation works in such 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 land shall have agreed to receive and shall have been paid compensation instead of the making of them. 17. If any person omit to shut and fasten any gate set up at either side of the railway for the accommodation of the owners or occupiers of the adjoining lands, sc soon as he and the carriage, cattle, or animals under his care have passed through the same, he shall forfeit for any such offence any sum not exceeding ten pounds, recoverable in a summary way before any two Justices. 18. The Company shall not be entitled to any mines of coal, iron- stone, slate, or other minerals under any private land whereof the surface is vested in 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 authorized. And such mines shall not be deemed to vest in the Company. 19. If, within twenty-eight days after the passing of this Act, the persons through whose lands the railway shall pass, or any of them, and the Company shall not agree as to the amount of compen- sation to be paid by the Company for the said lands belonging to the said parties, 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 manner hereinafter mentioned, that is to say :— Unless both parties shall concur in the appointment of a single arbitrator, each 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 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 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-mentioned party fail to appoint such arbitrator, then, upon such failure, the party who has himself appointed an arbitrator may 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. 20. If before the matter so referred shall be determined, any 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 arbitrator may proceed alone, and every arbitrator so to be substituted as aforesaid shall have the same power and authoritics as were vested in the former arbitrator at the time of such, his death, refusal, neglect, or disability as aforesaid. : 21. 1889. 53° VIC. 21 Oakey Park Coal-mining Company's Railway. 21. When more than one arbitrator shall have been appointed, Appointment such arbitrators shall before they enter into the matters referred to of pit. 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. 22. If in cither of the cases aforesaid the arbitrators shall Attorney-General refuse, or for seven days after the request of cither party to such nar alld umpire on arbitration, 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 shall differ, or which shall be referred to him under this Act, shall be final. 23. If when a single arbitrator shall have been appointed such In case of death of arbitrator shall die or become incapable, or shall refuse, or for fourteen fatter to bein the days neglect to act before he shall have made his award, the matters ¢e novo. 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. 24. If where more than one arbitrator shall have been appointed If either arbitrator cither of the arbitrators shall refuse or for seven days neglect to act, silos to yrnoowed the other arbitrator may proceed alone, and the decision of such other ev parte, arbitrator shall be as effectual as if he had been a single arbitrator appointed by both parties. 25. If where more than one arbitrator shall have been appointed, If arbitrators fail to and where neither of them shall refuse or neglect to act as aforesaid, Maye en eee such arbitrators shall fail to make their award within twenty-one days days the matter to go after the day on which the last of such arbitrators shall have been * ep appointed, or within such extended time (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. 26. The said arbitrators, or their umpire, may call for the pro- Power of arbitrators duction of any documents in the possession or power of either party, '°°! for books. which they or he may think necessary for determining the question in dispute, and may examine the parties or their witnesses on oath, and administer the oaths necessary for that purpose. 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 fo "ke 9 declaration Justice, Notary Public, or Commissioner for Affidavits, make and of duty. 5 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 detcrmine the matters referred to me under the provisions of the "Oakey Park Coal-mining Company's 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 if Penalty for any arbitrator or umpire, having made such declaration, shall wilfully "°°" act contrary thereto, he shall be guilty of a misdemeanor. 28. All costs of any such arbitration and incident thercto to Cost of arbitration be settled by the arbitrators shall be borne by the Company, unless ' be bone. the arbitrators shall award the same, or a less sum than shall have Deen offered by the Company, in which casc each party shall bear his own costs incident to the arbitration, and the costs of arbitrators shall 22 53° VIC. 1889. Oakey Park Coal-mining Company's Railway. shall be borne by the parties in equal proportions, unless the amount awarded shall be one-fourth less than the amount claimed, in which case the whole costs shall be paid by the claimant. Provided that if either party shall be dissatisfied with the costs allowed by the arbitrators as aforesaid, the costs may be taxed by the Prothonotary or other proper officer of the Supreme Court, and the amount allowed by such officer shal be jus amount of costs to be paid. Award to be delivered . The arbitrators shall deliver their award in writing to the to the Company. 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 y 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, but in every such case the party claiming payment shall be bound to make out a title to the said lands, or to he interest claimed by him therein, to the satisfaction of the Company. How compensation to 30. If the person or persons through whose lands the railway parties under any Shall pass, shall be under any disability or incapacity, or shall be disability. 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. Submission may be 31. The submission to any such arbitration may be made a rule madea rule of Court. of the Supreme Court on the application of either of the parties. Award not void _ 32. No award made with respect to any question referred to form." arbitration, under the provisions of this Act, shall be set aside for irregularity or error in matter of form. Compensation for 33. The Company shall make compensation and satisfaction, to recurring injuries. 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 occupiers by the non-performance by the Company of anv of the matters and things hereby required to be performed by it, or otherwise. gee authorized to 34. If in any case in which, according to the provisions of this certain lands. 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 Sheriff to deliver possession of the same to the person appointed in such warrant to receive 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 execution of such warrant, to be settled by the Sheriff, shall be paid by the person refusing to give posssession, 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 compensation shall be payable to such person, or if the same be less than the amount of such costs, then such costs, or the excess thereof beyond such compensation, if not paid on demand, shall he levied by distress, and upon application to any Justice for that purpose he shall issue his warrant accordingly. Lands belonging to 35. Nothing in this Act shall be deemed to authorize the ve rapissioners not to Company to take or enter upon any lands belonging to the said Com- missioners, or to alter or interfere with the Great WwW 'estern Railway, or any 1889. 53° VIC. 23 Oakey Park Coal-mining Company's Railway. any other of the works thereof, further or otherwise than is necessary for making the junction and intercommunication between the railways, without the previous consent in writing in every instance of the said Commissioners. 36. The said Commissioners shall from time to time erect such Commissioners may signals and convenicnecs incident to the junction either upon their own Hace cee and 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 traffie at or near the junction, and in all cases at the expense of the Company. 87. The working and management of such signals and con- Working of signals to veniences, wherever situate, shall be under the exclusive regulation of be Gnder zesulations the said Commissioners. 8S. The Railway Commissioners may from time to time appoint Railway any person to be inspector, for the purpose of inspecting the railway sopaint tometer and of making any inquiry with respect to the condition of the works, : or into the cause of any accident, provided that no person so appointed shall exercise any powers of interference in the affairs of the Company. 39. Every Inspector under this Act shall, for the purpose of Powers of inspectors. any inspection or inquiry which he is directed by the Railway Com- missioncrs to make or conduct, have the following powers, that is to say :— (1) He may enter and inspect the railway and all the stations, works, buildings, offices, stock, plant, and machinery belong- ing thereto. (x1) Ile may, by summons under his hand, require the attendance of any person who is engaged in the management, service, or employment of the Company, and whom he thinks fit to call before him and examine for the said purpose, and may require answers or returns to such inquiries for the said purpose as he thinks fit to make. (111) He may require and enforce the production of all books, papers, and dovuments of the Company which he considers important for the said purpose. 40. Where, in or about the railway, or any of the works or Accidents. buildings connected with such railway, or any building or place whether open or enclosed in connection with such railway, any of the following accidents take placc in the course of working, that is to say :— (1) Any accident attended with loss of life or personal injury to any person whomsoever. (rr) Any collision where one of the trains is a passenger train. (ir) Any passenger train, or any part of a passenger train, accidentally leaving the rails. (iv) Any accident of a kind not comprised in the foregoing descriptions, but which is of such a kind as to have caused, or to be likely to cause, loss of life or personal injury, and which may be specified in that behalf by any order to be made from time to time by the Railway Commissioners. The Company working such railway shall send notice of such accident, and of the loss of life or personal injury (if any) occasioned thereby, to the Railway Commissioners. 41. Such notice shall be in such form and shall contain such Form of notice of particulars as the Railway Commissioners may from time to time direct, 2!" and shall be sent by the earliest practicable post after the accident takes place. 42, The Railway Commissioners may from time to time by Notice of cortain order direct that notice of any class of accidents shall be sent to them arian tal sent by 24. 53' VIC. 1889. Oukey Park Coal-mining Company's Railway. by telegraph, and may revoke any such order. While such order is in force notice of every accident of the class to which the order relates shall be sent to the Railway Commissioners by telegraph immediately after the accident takes place. J'ailure to comply with the provisions of this section shall render the Company liable for each offence to a penalty not exceeding twenty pounds. Power of purchaso 43. At any time the Governor, with the advice of the Executive of allway UY Council, may, if he think fit, purchase such railway upon giving to the said Company three months notice in writing of his intention todo so. If the amount tendered for the purchase of the property be considered inadequate by the Company, the amount shall be ascertained by assessment in terms of the " Public Lands Acquisition Act," before a Judge or jury. Railways and Public 44, Nothing herein contained shall alter or repeal or otherwise wre enanlel of 1888 affect the "Government Railways Act of 1888," and the " Public altered, Works Act of 1888." Interpretation clause, 45. The following words and expressions in this Act shall have the meaning hereby assigned to them, unless there be something either in the subject or context repugnant to such construction. The word " Railway" shall mean the railway by this Act authorized to be con- structed. The word " Justice" shall mean any Justice of the Peace in and for the Colony 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 Sessions; 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 mean any person or Corporation who, under the provisions of this Act would be able to sell land to the Company. Short title. 46. This Act shall be styled and cited as the "Oakey Park Coal-mining Company's Railway Act of 1889." SCHEDULE. Description of a portion of land required to be taken by the Oakey Park Coal- mining Company, Limited, for their proposed railway, out of portion seventy-nine, parish of Leit, county of Cook, formerly George Lee and William Glover's forty acres, and out of portion eighty, parish of Lett, county of Cook, formerly James Caley Tucker and Edward Biddulph Hennings' forty acres, both portions now the property of George Pile, John Yelverton Mills, John Bennett, and the Bank of New Zealand. Comprising all that piece or parcel of land in the parish of Lett, county of Cook, and Colony of New South Wales, containing by adincasurement one rood and thirty' -five and three-quarter perches, be the same a little more or less: Commencing at a point on the northern boundary fence of the Great Western Railway, which point "bears north seventy-three degrees and tw enty minutes cast, and is distant one chain and forty links from the intersection of said fence to the eastern boundary of portion seventy-nine, parish of Lett; and bounded thence by the convex side of an are of a circle of eleven and one quarter chains radius, the chord of which are bears north forty-three degrees and thirty-three minutes east, four chains and eighty-three links; thence by a line bearing north thirty-one degrees east, ninety-four and one-half links ; thence by the concave side of an are of a circle of seven and three- -quarter chains radius, the chord of which are bears north forty-two degrees and three minutes cast, two chains ninety-seven and one- half links to Farmer's Creek ; thence by Farmer's Creek downwards bearing south eighty-nine degrees eight minutes west, eighty-five and one-half links ; thenee by the convex side of an are of a circle of eight and one-quarter chains radius, the chord of which are bears south thirty-eight degrees and fifty-seven minutes west, two chains and forty-nine links; thence by a line bearing south thirty-one degrees west, ninety-four and one-half links: thence by the concave side of an are of a circle of ten and three- quarter chains radius, the chord of which are bears south fifty-one degrees and twenty ininutes west, seven chains and thirty-nine links to the railway fonce ; and thence by the railway fence bearing north seventy-three degrees and twenty minutes east, three chains to the point of commencement aforesaid. An