New South Wales: Redhead Coal-mine Railway Act of 1883 46 Vic (NSW)

REDHEAD CoaL- MINE RAILWAY. Preamble. Authority to con- struct railway and connect same with Great Northern Railway, Site of railway shall be vested in the Company without conveyance, 46° VIC, 1883. Redhead Coal-mine Railway. An Act to enable a Company called the " Red- head Coal-mining Company (Limited)" to construct a Railw: ay from the Redhead Coal-mine to the Great Northern Railway. [14th April, 1883. | VV BEREAS certain persons now residing in the Colony of New South Wales have opened coal-mines and established collicries on a parcel of land situate near Newcastle in the parish of Kahiba county of Cumberland and with others have formed themselves into a Company called the " Redhead Coal-mining Company Limited" and in order to facilitate communication between the said coal-mines and the Great Northern Railway such Company is desirous of constructing a railway from their said coal-mine to the Great Northern Railway but as part of such proposed railway is intended to be made upon and pass through land believed to be the property of the Crown bodies corporate and private persons respectively the same cannot be made without Legislative authority And whereas the said coal-mines are likely to prove beneficial to the Colony and the public are concerned in promoting such an increase in and facilities for the supply of coal for local consumption steam navigation and export as would result from the construction of the said proposed railway and the traffic on the Great Northern Railway would be increased thereby It is therefore desir- able to authorize by Legislative enactment the construction of the said railway subject to the provisions hereinafter contained upon pay- ment of compensation to the several parties through whose land the same shall pass for such portion of their respective lands as may be required to be taken and occupied thereby Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows :— 1. It shall be lawful for the said Company to make and con- struct a railway from the southern boundary of their said land unto and through the lands known as that of 'G. Oakley E. Bull Dixon Little Aleock and others Waratah Coal Company Dr. Mitchell (now E. C. Mereweather) and unto and through the land known as that of the New Lambton Coal Company and joining the proposed Sydney and Waratah Railway line ninecty-seven miles seventy-three chains from Sydney or about four miles from Newcastle and to effcet if necessary a junction between said linc and the Great Northern Rail- way in accordance with section ninety-nine of the '" Government Railway Act of 1858" such railway to be in the direction described in the Schedule but so that the same shall not occupy at any part thereof (except near the junction of the Great Northern Railway) a greater space in breadth than sixty-six fect And also that the said Company may take and oceupy three acres of land or any lesser arca at the junction of the said railway with the Great Northern Railway. 2. The ground and soil of so much of the site of the railway as passes over the lands of the said owners of lands respectively and over Crown Lands together with such rights of ingress egress and regress upon the adjacent land as may be necessary for the making and repair thereof shall be vested by virtue of this Act and without the necessity of any conveyance in the Company for the purposes of the railway Provided that no lands vested in the Commissioner for Railways shall by 1883. 46° VIC. 23 Redhead Coal-mine Railway. by virtue of this Act be vested in the Company and nothing herein contained shall prevent the said owners from carrying on any mining operations beneath the said railway which shall not interfere with the safety of the said railway and the traffic thereon and the Company shall have no further right to the soil of the said lands bencath the surface than shall be requisite for the formation and repairs of the said road by cutting embanking sinking wells or otherwise Provided that the said railway shall be constructed and brought into use within five years after the passing of this Act and that in default thereof or if after its com- pletion the said railway shall cease to be used for three years continu- ously all the said lands and all the said Company's interest and estate therein shall revert without any conveyance to the original owners thereof their heirs and assigns Provided also that if in the exercise of the powers hereby granted it be found necessary to crosscut through sink raise or use any part of any road whether carriage road or horse road so as to render it impassible for or dangerous or incon- venient 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 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 of the said owners of land and the said Crown Lands respectively for any of the purposes aforesaid shall if required so to do separate the same by a suflicient fence from the land adjoining thereto with such gates as may be required for the convenient occupa- tion 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 then the said Company shall put up and erect such fences and gates as any two Justices of the Peace shall deem necessary for the purposes aforesaid on applica- tion being made to them. 3. The railway shall be open to the public use upon payment Railway open to the of a toll to the Company of a sum not execeding two pence per ton PX le 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 Provided always that it shall not be compulsory on the Company to supply locomotive power unless the party secking transit guarantee and bring one hundred 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 exceeding one penny half-penny per ton per mile in respeet 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 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 excecd the sum of twenty pounds summarily 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, 24: Branch railways. Power to divert or alter roads. Penalty for not sub- stituting a road. Road repairs, 46° VIC. 1883. , Redhead Coal-mine Railway. 4. And be it enacted That it shall be lawful for the owners or occupiers of the lands traversed by the said railway to lay down upon their own lands any collateral branches of railway to communicate with the said railway for the purpose of bringing carriages to or from or upon the said railway and the 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 said railway and with- out inconvenience to the traffic thereupon and the Company shall not take any rate or toll or other moncys for the passing of any passengers goods or other things along any branch so to be made by any such owner or occupier or other person but this enactment shall be subject to the following restrictions and conditions (that is to say)— No such railway shall run parallel to the said railway—the Com- pany shall'not be bound to make any such openings in any place which they shall have set apart for any specific purpose with which such communication would interfere nor upon any inclined plain or bridge nor in any tunnel. The persons making or using such branch railways shall be subject to all by-laws and regulations of the 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. 5. For the purposes and subject to the provisions hereinafter contained it shall be lawful for the Company their deputies agents servants and workmen and all other persons by them authorized and empowered to divert or alter the course of any road or way crossing the railway or to raise or sink any road or way in order the more con- veniently to carry the same over or under or by the side of the railway. 6. 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 twenty pounds for every day during which such substituted road shall not be made after the existing road shall have been inter- rupted and such penalty 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 casc 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 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 determi- nation of two Justiccs and such Justices may direct such repairs to be made in the state of such road in respect of damage done by the Com- pany and within such period as they may t tink 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 Pro- vided always the said Justices shall have regard to and shall make full allowance for any tolls that may have been paid to the Company on stich road in the course of the using thereof, 8. 1883. 46° VIC. Redhead Coal-mine Railway. 8. Until the Company shall have made thebridg es or other proper communications which they shall under the provisions s herein contained have been required to make between lands intersected and the railway and no longer the owners and occupiers of such lands and any other persons w hose right-of-way shall be affected by the want of such com- munications and their respective servants may atalltimesfreely pass and re-pass with carriageshorses and otheranimals directly but not 'otherwise across any part of the railway made in or through their respective lands solely for the purpose of occupying the same lands or for the exercise of such right-of-way and so as not to obstruct the passage along the railway or to damage the same nevertheless if the owner or occupier of any such lands have in his arrangements with the Company received or agreed to receive compensation for or on account of any such communi- cations instead of the same being formed such owner or occupier or those claiming under him shall not be entitled so to cross the railway. 9. If the railway cross any public highway or parish road on a level the Company shall erect 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 except 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 centering 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. Provided always that it shall be lawful for the Scerctary for Public Works in any case in which he shall be satisfied 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 shall be kept so closed instead of across the road and in 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. 10. In case of accidents or slips happening or being apprehen- ded to the cuttings embankments or othcr 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 purpose of repairing or preventing such accidents and to do such works as may be necessary for the purpose but in every such case the Company shall within forty-eight hours after such entry make a report to the Secretary for Public Works specifying the nature of such accident or apprehended accident and of the works neccessary to he done and such powers shall cease and determine if the said Secretary 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 accident will admit of and shall be executed with all possible despatch and full compensation shall be made to the owners and occupicrs of such lands for the loss or injury or incon- venience sustained by them respectively by reason of such works the amount of which compensation in case of any dispute about the same shall be settled by arbitrators in the manner hereinafter mentioned. And provided also that no land shall be taken permanently for any such works otherwise than is herein provided with respect to the lands originally taken for the purpose of making the said railway. 11. Owners crossing. Provisions in cases where roads are crossed on a level. Power to enter upon adjoining lands to repair accidents subject to certain restrictions. 26 46° VIC. 1883. Redhead Coal-mine Railway. Construction of 11. Every bridge to be erected for the purpose of carrying the bridges over roads. 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 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 fora 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 fect 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. Construction of 12. Every bridge erected for carrying any road over therailway bridges overrail- shall be built in conformity with the following regulations (that is to say) :— There shall be a good and sufficient fence on each side of the bridge of not less height than four fect and on each side of the immediate approaches of such bridge of not less than three feet. The road over the bridge shall have a clear space between the fences thereof of thirty-five feet if the road be a public high- way and twenty-five fect 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 feet if a parish road and one foot in sixteen ifa 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 13. Provided always that in all cases where the average avail- bridges need mot ex able width for the passing of carriages of any existing road within fifty the road in certain yards of the points of crossing the same is less than the width herein- eases. before prescribed for bridges over or under the railway the width of such bridges need not be greater than such average available width of such roads but so nevertheless that such bridges be not of less width in case of a public highway or parish road than twenty feet Provided also that if at any time after the construction of therailway the average available width of any such road shall be increased beyond thewidth of such bridge on either 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 surveyors of such road not exceeding the width of such road as so widened or the maximum width herein prescribed for a bridge in the like case over or under the railway. Existing inclination 14. Provided also that if the mesne inclination of any road of roads erosted or within two hundred and fifty yards of the point of crossing the same or improved. the inclination of such portion of any road as may be preserved 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 1883. 46° VIC. | 27 Redhead Coal-mine Railway. railway or may construct such altered or substituted road at an inclination not steeper than the said mesne inclination of the road so to be crossed or of the road so requiring to be altered or for which another road shall be substituted. 15. The Company shall make and at all times thereafter maintain Works for benefit the following works for the accommodation of the owners and occupiers °f oF" of lands adjoining the railway that is to say— Such and so many convenient gates bridges arches culverts and Gates bridges &. 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 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 necessary gates made to open towards guch adjoining lands and not towards the railway and all necessary 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 Drains. 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 lictt Watering-places. thereof where by reason of the railway the cattle of any person occupying any lands lying near thereto shall be deprived of access to their former watering-places and such watering-places shall be so made as to be at all times sufficiently supplied with water as theretofore And as if the railway had not been made or as nearly so as may be And the said Company shall make all necessary water-courses and drains for the purpose of conveying water to the said watering-places. Provided always that the Company shall not be required to make such accommodation works in such a manner as would prevent or obstruct the working or using of the railway nor to make any accommodation works with respect to which the owners and occupiers of the land shall have agreed to receive and shall have been paid compensation instead of the making them. 16. If any person omit to shut and fasten any gate sct wp at Penalty on persons either side of the railway for the accommodation of the owners or omitting to fasten occupiers of the adjoining lands so soon as he and the carriage cattle or other animals under his cave have passed through the same he shall forfeit for every such offence any sum not exceeding ten pounds. 17. The Company shall not be entitled to any mines of coal Minerals not to pass. iron stone slate or other minerals under any 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 said Company. 18. Compeneation clause. Appointment of arbitrators. Vacancy of arbitratcr * to be supplied. Appointment of umpire. Attorney-General to appoint umpire on neglect. Tn case of death of single arbitrator the matter to begin de novo. 46° VIC. 1883, Redhead Coal-mine Railway. 18. 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 compensation to be paid by them for the said lands belonging to the said parties or any of them or for any damage that may be sustained by them or him by reason of the execution of the works or if any other question as to compensation shall arise under this Act the amount of such compen- sation 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 of an arbitrator shall be under the hand of such party And such appointment shall he delivered to the arbitrator or arbitrators and shall be deemed a sub- mission to arbitration on the part of the party by whom the same shall be made And after any such appointment shall have been made neither party shall have power to revoke the same without the consent of the other nor shall the death of either party operate as a revocation And if for the space of fourteen days after any such dispute or other matter shall have arisen and after a request in writing shall have been served 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'it shall be lawful for the Attorney-Gencral for the time-being of the said Colony on the application of the party who has himself appointed an arbitrator to appoint such arbitrator to act on behalf of both parties And such arbitrator may proceed to hear and determine the matters which shall be in dispute And in such case the award or determination of such single arbitrator shall be final and conclusive. 19. If before the matter so referred shall be determined any arbitrator appointed by either party shall die or become incapable or refuse or for fourteen days neglect to act as arbitrator the party by whom such arbitrator was appointed may nominate and appoint in writing 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. 20. Where more than one arbitrator shall have been appointed such arbitrators shall before they enter upon the matters referred to them nominate and appoint by writing under their hands an umpire to decide any matters on which they shall differ or which shall be referred to them under the provisions of this Act Andif 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. 21. If in either of the cases aforesaid the arbitrator shall refuse or for seven days after request of either party to such 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 wmpire on the matters on which the arbitrators shall differ or which shall be referred to him under this Act shall be final. 22. If when a single arbitrator shall have been appointed such arbitrator shall die or become incapable or shall refuse ov for fourteen days neglect to act before he shall have made his award the matters referred to him shall be determined by arbitration under the provisions of this Act in the same manner as if such arbitrator had not been. appointed, 28. 1883. 46° VIC. 29 Redhead Coal-mine Railway. 23. If where more than one arbitrator shall have been appointed Tf either arbitrator either of the arbitrators shall refuse or for seven days neglect to act other to proceed the other arbitrator may procced alone and the decision of such other ¢ parte. arbitrator shall be as effectual as if he had been the single arbitrator appointed by both partics. 24. 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 mye tei anand such arbitrators shall fail to make their award within twenty-one days days the matter to after the day on which the last of such arbitrators shall have been & * empire. appointed or within such extended time (if amy) 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 so appointed as aforesaid. 25. The said arbitrators or their umpire may call for the pro- Powers of arbitrators duction of any documents in the possession or power of cither party tel! for books &e. 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. 26. Before any arbitratororumpire shall enter intotheconsidera- Arbitrator or umpire tion of any matters referred to him he shall in the presence of a Justice of 5° make a declaration for faithful discharge the Peace make and subseribe the following declaration (that isto say)— of duty, I A.B. do solemnly and sincerely declare that I will faithfully and honestly and to the best of my skill and ability hear and determine the matters referred to me under the provisions of the " Redhead Coal-mine Railway Act." Made and subscribed in the presence of A.B. And such deelaration shall be annexed to the award when made and Penalty for miseon- if any arbitrator or umpire having made such declaration shall wilfully duct. act contrary thereto he shall be guilty of misdemeanour. 27. All the costs of any such arbitration and incident thereto to Cost of arbitration he settled by the arbitrators shall he borne by the Company unless the Hew © be borne. arbitrators shallaward the same ora less sum than shallhave been offered by the Company in which case each party shall bear his own costs incident to the arbitration and the costs of the arbitrators shall be borne by the parties in equal proportions unless the amount awarded shall be one- fourth less than the amount in which case the whole costs shall be paid by the claimant Provided that if either party shall he dissatisfied with the costs allowed by the arbitrators as aforesaid the costs may he taxed by the Prothonotary or other proper officer of the Supreme Court and the amount allowed by such officer shall he the amount of costs to he paid. 28. The arbitrators shall deliver their award in writing to the Award to be de- Company who shall retain the same and shall forthwith on demand at hee to the Come their own expense furnish a copy thereof to the other party and shall at all times on demand produce the said award and allow the same to he inspected or examined by such party or any person appointed by him for that purpose and the amount awarded shall be paid within sixty days after the publication of such award. 29. The submission to any such arbitration may be made a rule Submission may be of the Supreme Court on the application of cither of the parties. made a rule of Court, 30. No award made with respect to any question referred to Award not roid arbitration under the provisions of this Act shall be sct aside for jhronsh error in irregularity or error in matter of form. , 31. The Company shall make compensation and satisfaction to Compensation for the said owners and occupiers (the amount of such compensation and {empormry oF perma: satisfaction to be ascertained and recovered in case of difference in the juries. 8 manner hereby provided) for temporary permanent or recurring injury and all other damage loss costs charges and inconvenience which may in Compensation to Le made for temporary occupation. Company may make by-laws. Evidence cf by-laws. Lands belonging to Commissioner for Railways not to be taken. Commissioner may erect signals and appoint watchmen and switchmen. Working of signals to be under regula- tions of Commis- sioner. Government Railway Act of 1858 not altered or repealed. 40° VIC. 1883. Redhead Coal-mine Railway. in anywise be occasioned to the said owners or oceupiers by the non- performance by the said Company of any of the matters and things hereby required to be performed by them or otherwise. 32. In every case where the Company shall take temporary possession of lands by virtue of the powers hereby granted it shall be in- cumbent on them within one monthaftertheirentry uponsuch lands upon being required so to do to pay tothe occupier of the said landsthe 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 monthsafter the completion of therailway pay to such owner and occupier or deposit in the bank for the benefit of all parties interested as the case may require compensation for all permanent orother lossdamagcor 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 thing taken from such lands. 33. For the purpose of regulating the conduct of the officers and servants of the Company and for providing for the due manage- ment of the affairs of the Company in all respects it shall be lawful for the Company subject to the provisions herein mentioned from time to time to make such by-laws and regulations as they shall think fit Provided that such by-laws be not repugnant to the laws 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 maximum and minimum penalty for any breach thereof such penalty to be pro- eceded for and recovered under the provisions of the Act eleventh and twelfth Victoria chapter forty-three Provided always that any by- laws of the said Company relating to penalties must he first approved of by the Attorney-General of the Colony for the time being. 34, The production of a printed or written copy of the by-laws of the Company having the common seal of the Company affixed thereto shall be sufficient evidence of such by-laws in all proceedings under the same. 35. Nothing in this Act shall be deemed to authorize the said Company to take or enter upon any lands belonging to the Commis- sioner for Railways or to alter or to interfere with the Great Northern Railway or any of the works thereof further or otherwise than is necessary for making the junction and inter-communication between the railways without the previous consent in writing in every instance of the Commissioner for Railways. 6. The Commissioner shall from time to time erect such signals and conveniences incident to the junction either upon his own lands or on the lands of the Company and may from time to time appoint and remove such watchmen switchmen and other persons as may be neces- sary for the prevention of danger to or interference with the traffic at or near the junction and in all cases at the expense of the Company. 37. The working and management of such signals and con- veniences wherever situate shall be under the exclusive regulation of the Commissioner for Railways. 88. Nothing herein contained shall alter repeal or otherwise affect "The Government Railway Act of 1858." 39. 1883. 46° VIC. 31 Heley's Estate. 39. In this Act the said Justices shall mean Justices of the Interpretation clause. Peace in and for the territory of New South Wales and when 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 the word " Owner' shall mean any person or corporation who under the provisions of this Act would be able iN sell land to the Company. This Act shall be deemed and taken to be a Public Act and Shor: title. the same ve whenever cited shall be sufficiently described as the " Redhead Coal-mine Railway Act of 1883." THE SCHEDULE HEREINBEFORE REFERRED TO. Commencing at the Redhead Coal Company's pit in the parish of Kahiba county of Northumberland and passing through the land owned by G. Oatley E. Bull Dixon Little Alcock and others and Waratah Coal Company Dr. Mitchell (now. KE. C. Mereweather) New Lambton Coal Company and joining the proposed Sydney and Waratah Railway- line ninety-seven miles seventy-three chains from Sydney or about four miles from Neweastle.