New South Wales: Segenhoe Estate Irrigation Act 56 Vic (NSW)

1893. 56° VIC. 63 Segenhoe Estate Irrigation. An Act to authorise and enable the " Land. secesnor gsrar Company of Australasia (lLimited)" to a establish a system of Irrigation and Water Supply in and upon the Segenhoe Kstate,situate in the parishes of Macqueen, Russell, and Rouchel, in the counties of Durham and Brisbane and the lands adjacent thereto; to aequire lands to establish Irrigation Works; to authorise the Sale and Supply of Water for Irriga- tion and Domestic use; and to make, construct, and lay dams, weirs, or flood- gates upon and across the River Page and Rouehel Brook, and to take and divert water therefrom; and for all other pur- poses which may be ineidental thereto. [137h June, 1893. ] V 7UIEREAS the " Land Company of Australasia (Limited) " have Preanble, acquired a large area of land, known as the Segenhoe Estate, situate in the parishes of Macqueen, Russell, and Rouchel, in the counties of Durham and Brisbane, in the Colony of New South Wales, which are intersected by the River Page and Rouchel Brook, and are about to acquire other large areas of lands adjacent thereto, which lands are suitable for agricultural and horticultural purposes if provided with a supply of water: And whereas it is expedient and would be to the advantage of the inhabitants of the surrounding district and of the public generally to establish a system whereby the waters of the said river and brook, which now run to waste, should be conserved and utilised for irrigation and domestic use: 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 authovity of the same, as follows : PART TI. Preliminary—Poweis and duties of Company. 1. This Act may be cited as the "Segenhoe Estate Trrigation short title. Act." 2. Nothing contained in the " Municipalities Act of 1867," or Portions of Acts nt the "Country Towns Water and Sewerage Act of 1880," shall be con- yrimee with this strued to control, limit, or restrict the operation of this Act, or to" ~ interfere with its provisions in respect.of the construction or inainten- ance of works, or the storage, distribution, or supply of water. 3. Nothing in this Act shall be construed to limit or in any Provisions subject to way interfere with the rights of the Crown to the general control of general legislation. natural supplies of water; and the provisions of this Act shall be subject to the provisions of any general legislation to deal with water conservation or irrigation throughout the Colony, and shall not in any way interfere with any right conferred before the passing of this Act. 64 56° VIC. 1893. Segenhoe Estate Irrigation. Interpretation of 4. In the construction of this Act, unless the context requires terms. a different meaning, the expression— " Crown Lands"? means Crown Lands as defined by the " Crown Lands Act of 1889." "Domestic use,"" when employed with reference to water, means use for household and all other purposes, save for irrigation of gardens or land. "The Governor' means the Governor, with the advice of the Executive Council. * Trrigation"' means the use of water for flooding, moistening, or watering lands for agricultural or horticultural purposes. " Trrigation area"? means the Segenhoe Estate of about twenty- five thousand acres, more or less, in the parishes of Russell, Rouchel, and Macqueen, counties of Brisbane and Durham, and the land to be acquired by virtue of this Act. " Justice"? means any Justice or Justices of the Peace. '* Minister" means the Minister charged with the administration of this Act. "Owner" means occupier or lessee. "Person" means any individual as well as any Corporation, Municipality, Borough, or other local authority. " Prescribed" means by this Act or by the regulation thereunder. « Regulations" means the regulations made under this Act. «The Company" means the "Land Company of Australasia (Limited)," or their assignees for the time being. Conditions prior to 5. Before the Company shall put into force any of the provisions acquisition of land. eontained in Part II of this Act with respect to the acquisition of land otherwise than by agreement, the following conditions and provisions shall be observed :— (2) The Company shall publish once at the least in each of three consecutive weeks im some local newspaper circulating in the Police District of Scone, a notice describing shortly the nature of the undertaking in respect of which it is proposed to take any land, naming the registered office as the place where a plan of the proposed undertaking may be seen at all reasonable hours, and stating the quantity of lands required. (tt) The Company shall serve a notice on every owner or reputed owner, lessee, or reputed lessee and occupicr of such lands, describing in each case the particular lands intended to be taken, and requiring an answer stating whether the person so served assents, dissents, or is neutral in respect of taking such lands. (111) On compliance with the provisions of this section with respect to notices, the Company may, if they think fit, present a petition to the Governor, and such petition shall state the lands intended to be taken, and the purposes for which they are required, and the names of the owners, lessees, and occupiers of lands who have assented, dissented, or are neutral in respect to the taking such lands, or who have returned no answer to the notice. And it shall pray that the Company may, with reference to such lands, be allowed to put in foree the powers contained in Part II of this Act, with respect to the acquisition of lands otherwise than by agreement, and such praycr shall be supported by such evidence as the Governor may require. (iv) On receipt of such petition, and on duc proof of the proper — notices having been published and served, the Governor shall take such petition into consideration, and may either dismiss the same, or direct a local inquiry as to the propriety of 1893. 56° VIC. 65 Segenhoe state Irrigation. of assenting to the prayer of such petition, but until such inquiry has been made, no provisional order shall be made affecting any lands without the consent of the owners, lessees, and occupiers thereof. (v) After the completion of such inquiry the Governor may, by provisional order, empower the promoters to put into force with reference to the lands referred to in such order the powers of the said Part IT with respect to the acquisition of lands otherwise than by agreement, or any of them, and cither absolutely or with such conditions and modifications as the Governor may think fit, and it shall be the duty of the Company to serve a copy of any order so made, in the manner and on the person in which and on whom notices in respect ' of such lands are required to be served. 6. Subject to the provisions of this Act, subject to the approval Powers of Company. of the Minister, it shall be lawful for the Company to exercise any of the following powers, that is to say :— (1) To erect, make, lay, or construct upon and across the River Page, dams, weirs, flood-gates, or either, with the necessary ofttake works, and also to erect, make, lay, or construct upon and across Rouche! Brook, dams, weirs, flood-gates, or either, with the necessary offtake works, and also to make, lay, and construct upon and aeross the said river and brook tunnels, aqueducts, and canals, and to maintain the same. (ir) To erect such boilers, engines, pumps, and other machinery within or without the irrigation area to raise any such water as may be necessary and to work the same. (x11) To erect, make, lay, or construct upon any part of the irrigation area such dams, weirs, flood-gates, culverts, aque- ducts, sluices, flumes, pipes, engines, pumping machinery, reservoirs, dams, canals, water-courses, embankments, or other works as may be necessary or expedient, for carrying out the purposes of this Act, and to maintain and work the same, (iv) To take or divert water from the said river and brook above such dams, weirs, or flood-gates, and to convey to and dis- tribute the same within the irrigation areca or elsewhere as hereinafter provided, in quantities not excceding one cubic foot per minute for every five acres of land within the irrigation area. (v) To widen or deepen, and use for drainage or any other pur- pose, any existing creck, lagoon, swamp, or water-course within or leading to or from the irrigation area. (v1) To lay pipes, cut trenches, canals, or ducts within or without the irrigation arca for the purpose of delivering water to owners of lands, within or without the irrigation area, and for the purposes of supplying water for domestic use, and to maintain the same. (vir) To enter into and upon any lands and take and lay down levels of the same for the purpose of making, laying, or constructing canals, flood-gates, weirs, culverts, aqueducts, sluices, flumes, pipes, water-courses, embankments, channels, or other works incidental thereto, and to set out such parts thereby as they shall think necessary. / (vit) After payment of compensation as hereinafter provided to enter upon, take, and hold such land as they may from time to time deem necessary for the construction and main- ° tenance of any ol the works authorized by this Act. eC (1x) Compensation for damage done by Company. Plans of dams, &c., to be submitted to Minister. Arbitration. Power to open strects. Reinstatement of streets. Diversion of water- courses. 56° VIC. _ 1893. Seyentoe . Bstate Trrigation, (tx) To enter upon any Crown lands or private lands, streets, roads, or thoroughtares, and to construct, maintain, lay, or place thereinany canals, flood-gates, weirs, culverts, aqueducts, sluices, flumes, water-courses, embankments, pipes, bridges, or other works incidental thereto, and repair, alter, cut off, or remove the same, and enter upon any such lands, streets, roads, thoroughfares for the purpose of repairing any water-courses or other works being their property or under their control. 7. Whenever any person employed by the Company in pursuance of this Act shall, while in the execution of his duties, cause injury to land, fences, or other property, or shall cause damage or loss to any owner of land or any other property, the person suffering such injury, loss, or damage shall be entitled to be compensated by the Company. 8. The plans of any dams, weirs, culverts, bridges, or other works which may interfere in any way with the flow of the river Page, or any other natural channel shall be submitted to the Minister, and must reccive his sanction before such works can be entcred upon. 9. When any person claims compensation from the Company on account of any injury, loss, or damage, and such claim is disputed by the Company, the compensation claimed shall be settled in acordance with the provisions of the " Public Works Act of 1888" in respect of claims for compensation made thereunder, the words "constructing authority" mentioned in the said Act being for this purpose read the "Company" as hereby defined: Provided always that in the exercise of any of the powers hereby conferred the Company shall inflict as little damage as may be, and shall make full compensation to all parties interested for all actual damage sustained by them through the exercise of such powers. 10. The Company may open and break up the soil and pavement of any streets, roads, and bridges, and may open and break up sewers, drains, or tunnels within or under such streets and bridges, and lay down and place within the same or other limits, pipes, conduits, service pipes, and other works, and from time to time, repair, alter, or remove the same, and for the purposes aforesaid to remove and use the earth and materials in and under such streets, roads, and bridges, and do all other acts which the Company shall from time to time deem neccessary or supplying water as authorized by this Act: Provided nevertheless that permission be obtained from the respective Municipal Councils when such streets are outside the irrigation area. 11. When the Company shall open or break up the road or pavement of any street or bridge, or any sewer, drain, or tunnel, they shall with all possible speed complete the work for which the same shall be broken up, and fill in the ground and reinstate and make good the road or pavement of the sewer, drain, tunnel, or water-pipe so opened or broken up, and keep the same in repair for a space of three months, and carry away the rubbish occasioned thereby. And shall at all times, whilst any such road or pavement shall be so open or broken up, cause the same to be fenced or guarded, and shall cause light sufficient for the warning of passengers to be set up and kept there for every night during which such road or pavement shall be continued open or broken up. 12. The Company may, within the irrigation area, from time to time, divert or alter, temporarily or permanently, any part of the course of any creeks or water-courses, roads, streets, or ways, in order the more conveniently to exercise any of the powers conferred on the Company, and may cut drains and deliver water into, embank, widen, or deepen, any creck, water-course, lagoon, or swamp within such area, and may purchase or take on lease any existing water-works, and erect or construct thereon all neeessary works and machinery. 1893. 56° VIC. 67 Segenhoe Estate Irrigation. 3. The Company may supply any person, either within or Agrecmentstosupply without the irrigation area, with water for domestic use, by measure Ste for domestic or otherwise, at such rates, upon such terms, and subject to such con- ~ ditions as may be agreed upon by the Company. 14. The Company shall not be liable, in the absence of express Company not to be stipulation under any agreement for the supply of water, to any Japle for secidental penalty or damages for not supplying or continuing to supply such supply. water if the want of such supply arises from unusual drought or other unavoidable cause, or from accident, or from necessary repairs. 15. The Company may let for hire to any person supplied with Company may let water by measure any meter, water-gauge, or instrument for measuring ™°"* the quantity of water supplied, and any pipes and apparatus for the conveyance, reception, or storage of the water, for such remuneration and upon such terms as may be agreed upon by the Company; and such agreement shall and may be enforced in any Court of law or equity. 16. Such meters, water-gauges, instruments, pipes, and apparatus Meters of Company shall not be subject to distress for rent of the premises where 7°! (stainable. the same are used, or liable to be attached or taken in execution under any process of any Court of law or equity, or under or in pursuance of any sequestration or order in hankruptey, or other legal proceedings against or affecting the person using such water, or the occupier of the premises, or other the person in whose possession the meters, water-gauges, pipes, instruments, and apparatus may be. 17. Every person who shall have agreed with the Company Meter to be supplied for a supply of water by measure, shall at his own expense, unless he S11 paintiined by hire a meter or water-gauge from the Company provide a meter or water-gauge, and keep and maintain the same in good working order to the satisfaction of such officer as may be appointed by the Company; and in the event of any repairs being required, notice in writing shall be immediately given by such person to the Company, and registration of the quantity used shall be taken before such repairs are affected. 18. The price to be charged by the Company for water sold to Maximum price of any person for domestic use shall in no case exceed one shilling per te" one thousand gallons. 19. The Company or their officers or servants may enter in Power to officers aud and upon any lands, houses, or buildings, and with or without Sancho horses or carriages, may enter in and upon any lands to, through, or into which water is supplied or carried by the Company to inspect the meters, watcr-gauges, canals, dams, weirs, flood-gates, culverts, aqueducts, sluices, flumes, pipes, water-courses, embankments, or other works, and the instruments, pipes, and apparatus for the measuring, conveyance, reception, storage, or distribution of water, or for the purpose of ascertaining the quantity of water supplied or consumed, or to examine if there be any waste or misuse of water; and may from time to time enter any house, building, or lands for the purpose of removing or altering any meter, water-gauge, instrument, pipe, or apparatus, upon or affecting the property of the Company. And if any person hinders any such officer or servant of the Company from entering or making such inspection or alteration or effecting such removal, he shall for each such offence be liable to a penalty not exceeding five pounds, but except with the consent of a Justice a power of entry shall be exercised only between the hours of six in the forenoon and six in the afternoon. 20. Subject to the provisions of this Act the Company may, Company may make from time to time, make, amend, and repeal regulations for or relating regulations, to all or any of the following subjects :— (x) The supply and sale and distribution of water to any person within or without the irrigation area. ] (ar) 56° VIC. 4893. Segenhoe Lstate Irrigation. (ir) The rate and price at which water shall be sold, and the time of payment for the same, and the order in which applicants may be served. (ar) 'The management and maintenance of the irrigation works, and the appointment of persons to supervise and control all or any matters referred to in this section. (tv) 'The prevention and remedying of waste, undue consumption, theft, fouling or contamination of the water contained in or supplied from any part of the Company's works. (v) The protection of the water and every part of the works from trespass or injury. (v1) The imposing of penalties for any breach of any regulation by this Act authorized to be made by the Company, not exceeding the sum of fifty pounds and the enforcement of the same. (viz) Generally for duly administering and carrying out the powers given to the Company. And such regulations shall, upon being approved by the Governor and published in the Government Gazette, be valid in law. PROTETON OF THE 21. If any person supplied with water by the Company wrong- —_— fully does, or causes or permits to be done, anything in contravention Myer may pe eat of any of the provisions of this Act or of the regulations of the breach of this pat Company, or wrongfully fails to do anything which under any part of of this Act. these provisions ought to be done for the prevention of the waste, misuse, undue consumption, or contamination of the water of the Company, he shall be liable for any such offence to a penalty not exceeding five pounds in addition to the value of the water misused, and the Company may (without prejudice to any remedy against him in respect thereof) cut off any of the pipes, canals, sewers, drains, or flumes by or through which water is supplied to him or for his use, and may cease to 'supply such person with water so long as the cause of injury remains or is not reinedied. 92. Tf any person having from the Company a supply of water for any purpose, uses such water for any purpose other than that for which he is entitled to use the same, he shall for every such offence be liable to a penalty not exceeding five pounds without prejudice to the right of the Company to recover from him the value of the water so misused. Penalty for bathing 23. If any person bathe in any stream, drain, reservoir, Company. aqueduct, dam, or other water-works belonging to the Company, or wash, throw, or cause to enter therein any animal, he shall for every such offence forfeit a sum not exceeding five pounds. Penalty for throwing 24. If any person throw, convey, or cause or permit to be dirt therein. thrown or conveyed, any rubbish, dirt, filth, or other noisome thing into any such river, stream, drain, reservoir, aqueduct, or other water- works as aforesaid, or wash or cleanse therein any cloth, wool, leather, or skin of any animal, or any clothes or other thing, he shall for each such offence forfeit a sum not exceeding five pounds. Penalty for mis- application of water. Penalty for letting 25. If any person cause or permit the water of any sink, sewer, foul water flow . . . thereinto. or drain, steam engine, boiler, or the water from any gas works, or other filthy water belonging to him or under his control to run or be brought into any such river, stream, drain, reservoir, aqueduct, or other water-works (belonging to the Company), or shall do any other act whereby the water of the Company shall be fouled, he shall for cach such offence forfeit a sum not exceeding twenty pounds, and a further sum of twenty shillings for each day that such offence continues. Penalty for estab- 26. Any person who shall, without the authority of the lishing anv eonnec- e + . . a ae tion, unless Company, establish or re-establish, or permit to be established or authorized, or ne re-established any connection which has not been authorized, or which Wiltuily a UL Cy . any pipe, &. may have been cut off, removed, or severed by the Company, or who shall 1898. % VIC. 69 _Segenhoe Estate I . rigation. shall in any manner wilfully injure or tamper with any connection- pipe, meter, water-gauge, sluice, canal, flume, ball-cock, stop-cock, or waste-pipe which may have been approved by the Company, so as to destroy, or diminish, or endanger its efficiency, may be summoned for such offence before two J ustices, and, on conviction thereof, shall be adjudged to pay to the Company the amount of the charges and expenses which the Company may have incurred (and which they are hereby authorized to incur) in repairing or restoring the same to a state of efficiency. Any such offender shall also forfeit and pay a penalty 3 not exceeding ten pounds. 27. The charges for water and all sums due to the Company Charges and mates shall he paid by and be recoverable from the person requiring, receiving, for water payable or using the water. When the water is supplied by measure, all charges of the same for water shall be paid at such time and in such manner as shall be provided for by the regulations of the Company. 28. If any person refuse or neglect to pay on demand to the Refusal to pay Company any charge, or sum due by such person under this Act, the %™"8* Company may recover the same with costs in any Court of competent jurisdiction. 29. If any person fix or refix any sluice, stop, outlet, water-meter, Penalty for fixing water-gauge, or other instrument on any pipe or canal, siuice or aqueduct, Bacertilied meter. the property of the Company, w ithout havi ing first obtained authority from the Company, he shall forfeit a sum not. exceeding ten pounds. 30. 1f any person remove or alter the position of, or in ANY Penalty for removing way interfere w ith, any sluice, stop outlet, meter, water-gauge, op OF altering meter other instrument, without having first obtained authority as aforesaid, he shall, for each such offence, forfeit a sum not exceeding twenty pounds: Provided always that the Company shall have an_ office within the Police District of Scone. 31. Every person requiring to remove or alter the position of Notice of removal, to open any sluice, stop-outlet, meter, or water-gauge shall leave Se of meter six days notice in writing to that effect at the registered office of the Company. And if any person delay or refuse to have any sluice, stop-outlet, meter, or water-gauge properly repaired and put in correct working order after having been required by an officer of the Company to do so, the Company may shut off the supply of water from the land or premises of such person, either by cutting the service- pipe or otherwise, until such meter, sluice, stop-outlet, or water-gauge shall have been properly repaired and certified by some officer of the Company as being in proper working order. 32. Every | person who shall wilfully obstruct any person acting Penalty for obstruct- under the authority of the Company in setting out the line of any ing construction of works undertaken under the authority of this Act, or pull up or remove any poles or stakes driven into the ground for the purpose of setting out the linc of such works, or destroy or injure any works so undertaken as aforesaid, shall incur a penalty not exceeding fifteen pounds for every such offence. 33. If any person unlawfully and maliciously destroy or damage, Penalty for or attempt to destroy or damage, any reservoir, 'dam, tank, tunnel, destrosing works water-course, main, distributing pipe, aqueduct, bridge, roadway, embankment, pump, or other part whatever of the machinery or works of the Company, such person shall be guilty of felony, and shall be liable to be imprisoned for any term not exceeding ten years. 34. If any person omit to shut and fasten any gate set up for Penalty on persons the accommodation of the owners or occupiers of the adjoining lands omitins fe fsten as soon as he and the carriages, cattle, or other animals under Jiis care ° have passed through the sane, he shall forfeit for every such offence any sum not exceeding ten pounds. PART Lands required how acquired, Tfow and when lands ean be taken. Vesling of lands. Effect of publication upon Crown Lands. 56° VIC. 1895. Segenhoe Estate Irrigation. PART II. The acquisition and occupation by the Company of lands-—ascertain- ment of compensation in respect thereof. 35. After the approval by the Governor of the acquisition of lands otherwise than by agreement, and payment of compensation made and provided by this Act, but not before, the Company shall be empowered to acquire or occupy such lands in manner herein- after provided, and in the case of Crown Lands such acquisition or occupation shall be made under and subject to the provisions of the "Crown Lands Act of 1884" and the Amending Act of 1889. 36. It shall be lawful for the Company, by notification to be published in the Gazette, and in two newspapers published or circulating in the Police District of Scone, to declare that the land described in such notification is required for the purpose therein expressed, but the purpose so to be expressed shall be limited to the acquisition of Jands for erecting, making, laying, or constructing works, canals, aqueducts, flumes, water-courses, or other works for carrying out the objects of this Act. 387. Upon the publication of the notification in the Gazette declaring that the lands therein described are so required, such lands shall, upon compliance with the requirements and provisions hercin- after contained, be vested in the Company for the purposes of this Act, for an estate of inheritance in fee-simple in possession, freed and discharged efrom all trusts, obligations, estates, interests, contracts, charges, rates, rights-of-way, or other easements w hatsoever, and to the intent that the legal 'estate therein, together with all powers incident thereto or confirmed by this Act, shall, subject to the pro- visions thereof, he vested in the Company. 38. Where the land required is Crown Land at the date of such publication, or is vested in any corporation or person on behalf of Her Majesty, or for public purposes, by virtue of any statute, or is within the limits, with reference to centres of population, prescribed by the Act next hereinafter cited, the effect of such publication shall be to - withdraw the said land (to the extent required) from any lease or Compensation for private lunds. Conversion of estate of proprietor of resumed land into a claim. license or promise thereof, and to cancel to the like extent any dedication or reservation of the said land made under the authority of the "Crown Lands Act of 1861," or any Act or Acts amending the same, and to divest the estate of such corporation or person, and to vest the said land, to the extent aforesaid, in the Company, for the urposes mentioned, and for the estate limited in the last preceding ection: Provided, however, that nothing in this section contained 1all have any effect or operation unless the approval of the Governor hall first have been obtained with respect to the land so required. 39. Where the land described in any such notification consists wholly or partly of land alienated by, or not the property of, the Crown, or is not Crown land, as defined by this Act, the owners thereof shall be entitled to receive such sum of money, hy way of compensation, for the land so described, as shall be agreed upon, or otherwise ascer- tained, under the provisions hereinafter contained. 40. The estate and interest of every person entitled to lands required under this Act, or any portion thereof, and whether to the legal or equitable estate therein, shall, upon due payment of the amount of compensation tendered by the Company, or assessed by the jury as hereinafter provided, be deemed to have been as fully and effectually conveyed to the Company as if the same had been conveyed by the persons legally or equitably entitled thereto by means of 'the most perfect assurances in the law. And every person shali, upon asserting ne] nn nm 1893. 06° VIC. 71. Segenhoe state Irrigation. asserting his claim as hereinaftcr provided, and making out his title in respect of any portion of the said resumed lands, be entitled to compensation on account of such resumption in manner hereinafter provided. 41. Every person claiming compensation in respect of any land Notice of claim for so required, or in respect of any work or other matter done mnder the compensttion. authority of this Act, shall, within ninety days from the publication of such notification, or at any time afterwards within such extended time as a Judge of the Supreme Court shall, upon the application and at the cost of the claimant appoint in that behalf, serve a notice in writing upon the Company, which notice shall set forth the nature of the estate or interest of the claimant in such land, together with an abstract of his title, and if he claims in respect of damage, the nature of the damage which he has sustained or will sustain by reason of the taking of his land, or of such work or matter as aforesaid, and such notice may be in the form of the Second Schedule hereto, but with any modifications required by the nature of the claim. 42. Within sixty days after the receipt of every such notice of Claim ant report claim, the Company shall cause a valuation of the land or of the estate thereon, or interest of the claimant thercin to be made in accordance with the provisions of this Act, and shall inform the claimant as soon as prac- ticable of the amount of such valuation by notice in the form of the Third Schedule hereto. 43. If within ninety days after the service of notice of claim Compensation by the claimant and the Company shall not agree as to the amount. of (yer Swreme compensation, the claimant shall be at liberty to institute proceedings in the Supreme Court in the form of an action for compensation against the Company; and any such action may be tried before a Judge of the said Court, or in any Circuit Court, and a special jury of four. persons: Provided always that upon proper application, cither of the Company or of the claimant, a special jury of twelve may be summoned for the trial of such action: Provided also that with the consent in writing of the Company and the claimant, any such action may be so tried at any time (to be mentioned in such consent) before the expiration of ninety days from service of the notice of claim for compensation, but not within fourtcen days from service of the notice of valuation on such claimant. 44. The issue to be tried in any such action shall be whether Issue in action of the claimant is entitled to a larger sum by way of compensation than Cnet att coal the amount of the valuation so made by the Company and notified to the claimant as aforesaid; and if so, to what sum. And if upon the trial of the said action the verdict shall be for a greater sum than the amount of the said valuation the costs of the action shall be borne by he Company, but if the verdict shall be for a sum equal to or less than such valuation then the costs shall be borne by the claimant. 45. All moneys payable under this Act by way of compensation Payment of com- to any claimant, whether under the verdict of a jury or otherwise, shal] Peter. xe paid together with costs (if any) and interest at the rate of six vounnds per "eontum per annum, reckoned from the date of the notifica- tion aforesaid within one month after the determination of such com- yensation to the person lawfully entitled thereto, or to his agent duly authorized in that behalf in writing, but the claimant shall be bound to make out his title to the estate or interest claimed by him in all cases where the claim is in respeet of the deprivation of some estate or interest in land. 46. In estimating or assessing the compensation to he paid Compensation how under this Act regard shall be had by the valuators and by the jury stmt (on any issue), not only to the value of the land taken by the Company, but also to the damage (if any) to be sustained by the claimant by reason a4 General power of entry. Power to purchase lands by agreement, Parties under dis- ability enabled to sell and convey and exercise other powers. 56° VIC. 1893. Seg egenhoc Estate Irrigation. yeason of the severing of the lands taken from other lands, or other injuries suffered by him by reason of the exercise of the powers expressed or incorporated in this Act, and they shall assess the same according to what they shall find to have been the value of such lands, estate, or interest at the time of the resumption thereof, or the extent of the damage or injury sustained. Subject to the provisions of this Acf it shall be lawful for the Company, and for any officer then duly authorized in that behalt, and for all persons employed in the carrying out of any authorized works, and for any person authorized by the Company to enter upon the lands of any person whomsoever, w hich the Company may require to purchase or 'take, and to take possession and appropriate the same for the purposes of this Act, or of the execution of any such authorized works. 48. Notwithstanding anything hereinbefore contained it shall be lawful for the Company, if they think fit, to agree with the owners of any lands, the acquisition of which is authorized by this Act, and with all parties having any estate or interest in such lands, or by this Act enabled to sell and convey the same for the absolute purchase for a consideration in money of any such lands or such parts thereof as shall be thought proper, and of all estates and interests in such lands of what kind soever. 49. It shall be lawful for all parties being seized, possessed of, or entitled to any such lands, or any estate or interest therein, to sell and convey or release the same to the Company, and to enter into all neces- sary agreements for that purpose, and particularly it shall be lawful for all or any of the following parties so seized, possessed, or entitled as aforesaid so to sell, convey, or release, that is to say, all corporations, tenants in tail or for life, married women scized in their own right or entitled to dower, guardians, committees of lunatics, and idiots, trustces or feoffees in trust for charitable or other purposes, executors and administrators, and all parties for the time heing entitled to the receipt of the rents and profits of any such lands in possession or subject to any estate in dower, or to any lease for life or for lives and years or for years, or any less interest ; and the power so to sell and convey or release as aforesaid may lawfully be exercised by all such parties other than married women entitled to dower or lessces for life or lives and years or for years, or for any less interest, not only on behalf of themselves and their respective heirs, executors, administrators, and successors, but also for and on behalf of every person entitled in reversion, remainder, or expectancy after them, or in defeasance of the estates of such partics, and as to such married women, whether they be of full age or not as if they were sole and of full age, and as to such guardians on behalf of their w: ards, and as to such committees on behalf of the lunatics and idiots of whom they are the committees respectively, and that to the same extent as such wives, wards, lunatics, and idiots respectively could have exercised the same power under the authority of this Act if they had respectively been under no disability; and as to such trustees, executors, or administrators on behalf of their cestui que trusts, whether infants, issue unborn, lunatics, femmes covertes, or other persons, and that to the same extent as such ces/ui que trusts respectively could have exercised the same powers under the authority of this Act if they had respectively been under no disability ; and the power hereinafter given to release lands from any rent-charge or incumbrance, and to agree for the apportionment of any such "yent- charge or incumbrance shall extend to, and may be law fully exercised by every party hereinbefore enabled to sell, and convey, or release nds to the Company. 50. 1893. 56° VIC. 7 Segenhoe Listate Ir rigation. 50. The several sections of the " Government Railways Act, " Incorporation of twenty-second Victoria number nincteen, hereinafter specified, together provisions of Rail- with the respective powers, authoritics, duties, liabilities, obligations, ways Act. and other the provisions therein contained, are hereby declared, not- withstanding the repeal of the said Act, to be incorporated with, and embodied in, this Act, to the intent that the same may be applied as fully and effectually to the lands taken under the authority of this Act as if the said sections had been specifically enacted herein. And that wheresoever in any section so incorporated the word " Commissioner" * oceurs, there shall, for the purposes of this Act, be substituted im licu of such word the expression "the Company.' And whenever the word " Railway," or words implying works connected with a railway, oceur, there shall be substituted such words respectively as denote the nature of the work, undertaking, or purpose in respect of which the land in question has been appropriated or resumed. 'The following are the sections so declared to be incorporated with this Act :— (z) As to the deposit of compensation money in certain cases with the Master in Equity and the application and invest- ment thereof. As to payment of such money in certain cases to trustees or to the parties themselves, and the exoneration of the Company in respect thereof after payment. Sections forty-seven to fifty-two, both inclusive. (11) As to the deposit and application of compensation money on refusal of the owner to accept the same or on his failing to make out a satisfactory title, and as to presumption of ownership. Sections fifty-three to fifty-six, both inclusive. (11) As to the procedure by the Company in case the owner or occupier of any lands resumed under this Act shall refuse to give up possession thereof or hinder the Company from entcring upon or taking possession of the same. Section sixty-one. ; (tv) As to the purchase or redemption of the interests of mortgagees, and the deposit of principal and interest duc on. mortgage s with the Master in Equity, the procedure to be observed when the mortgaged lands are of less value than the mortgage debt, and when part only of lands in mortgage are taken. Sections sixty-five to seventy, both inclusive. (v) As to the release of lands from rent-charges and other incumbrances, and procedure thereon. Sections scventy-one to scventy-four, both inclusive. (v1) As to the apportionment of rent where lands taken are under lease, and as to compensation to tenants. Sections seventy-five to seventy-cight, both inclusive. (viz) As to the entry upon or temporary occupation of lands, the crossing of roads and other highways, the making of bridges and other works of accommodation, and the provisions con- sequent thereon. Scction ten and sections eighty-four to ninety-seven, both inclusive: Provided that compensation shall in all respects be ascertained in accordance with this Act. 51. It shall be lawful for the Company, and all persons Dy power to take them authorized, to enter upon any lands, not being a garden, orchard, temporary possession of land. or plantation attached or belonging to a house, nor a park, planted walk, avenuc, or ground ornamentally planted, and not being nearer to a dwelling-house of the owner of any such lands than one hundred yards therefrom, and to occupy the said Jands so long as may be necessary for the construction or repair of any works authorized by this Company to separate the lands before using them. Compensation to be made for temporary occu- pation. Before roads interfered with others to be sub- stituted. 06° VIC. 1893. _ Segentioe Estate Irrigation. this Act, of the accommodation works connected therewith hereinafter mentioned, and to use the same for any of the following purposes, that is to av For the purpose of taking earth or soil by side cuttings therefrom; For the purpose of depositing soil thereon ; For the purpose of obtaining materials therefrom for the con- struction or repair of the water-works, or such accommodation works as aforesaid ; or For the purpose of forming roads thereon to or from or by the side of the said works. And in exercise of such powers it shall be lawful for the Company and all other persons employed therein to deposit and also to manufacture, andallother persons employed therein to deposit andalso to manufacture and work upon such land materials of every kind used in constructing the said works, and also to take from any such lands any timber, and also to dig and take from or out thereof any clay, stone, gravel, sand, or other things that may be found therein useful or proper for con- structing the said works, or any such roads as aforesaid, and for the purposes aforesaid to erect thereon workshops, sheds, and other build- ings of a temporary nature: Provided always that nothing in this Act contained shall exempt the Company from an action for nuisance or other injury (if any) done in the exercise of the powers hereby conferred to the lands or habitations of any party other than the party whose lands shall he so taken or used for any of the purposes aforesaid : Provided also that no stone or slate quarry, brick-ficld, or other like place which, at the time of the passing of this Act, shall be commonly worked or used for getting materials therefrom for the purpose of selling or disposing of the same, shall be taken or used by the Company either wholly or in part for any ot the purposes lastly hereinbefore mentioned, and that the Company shall pay to the owner of the land a fair price for any timber, clay, stone, gravel, sand, or other things taken therefrom. 52. If any such lands shall be used for any of the purposes aforesaid, the Company shall, if required so to do by the owner or occupier thereof, separate the same by a sufficient fence from the lands adjoining thereto with such gates as may be necessary for the con- venient occupation of such lands, and in case of any difference between the owners or occupiers of such lands and the Company as to the necessity for such fences and gates, then with such fences and gates as the Governor shall deem necessary for the purposes aforesaid. 538. In any of the cases aforesaid where the Company shall take temporary possession of lands by virtue of the powers herein granted, it shall be incumbent on them within one month after their entry upon such lands, upon being required to do so, 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 the Company so taking possession of his lands. 54, If in the exercise of the powers hereby granted it be found necessary to cross, cut through, raise, sink or use any part of any road, whether carriage-road, horse-road, or tram-road, or railway, either public or private, so as to render it impassable for, or dangerous, or more than usually inconvenient to passengers, or carriages, or to the persons entitled to the use thereof, the Company shall, before the commence- ment of any such operations, cause a sufficient road to be made instead of the road to be interfered with, and shall, at thoir own expense, maintain such substituted road in a state as convenient for passengers and carriages as the road so interfered with, or as nearly so as may he. 55. 1893. x" VIC. 75 Se yenhoe listate Lrri, igation. 55. If the road so interfered with can be restored compatibly Period for restora. with the due completion of any works authorized under this Act, the tio of ron same shall be restored to as good a condition as it was in at the time when the same was first interfered with by the Company, or as near thereto as may be, and if such road cannot be so 1 'stored, the Com- pany shall cause the new or substituted road, or some other sufficient substituted road, to be put into a permanently substantial condition equally convenient as the former road, or as near thereto as cireum- stanees will allow, and the former road shall be restored, or the substituted road put into such condition as aforesaid, as the edse may be, with all reasonable expedition. 56. Tf any pipe, canal, or duct shall cross any highway, other Company to make than a public earriage-way, on the level, the Company shall make and Suigent appreacies at all times maintain convenient ascents and descents, and other con- ways and footways venient approaches with hand-rails or other fences, and shall, if such resins om the Hine. highway be a bridle-way, erect and at all times maintain good anc sufficient gates or stiles on each side of works where the highway communicate therewith. 57. The Company shall make and at all times thercafter main- Works forthe benefit tain the following works for the accommodation of the owners and % °°" occupiers of lands "adjoining # any works authorized under this Act, that is to say— Such and so many convenient gates, bridges, arches, culverts, and. Gates, bridges, &e. passages over, under, or by the side of, or leading to or from such works as shall be necessary for the purpose of making good any interruptions caused thereby to the use of the lands through which the same shall be made, and such works shal be made forthwith alter the part of the pipe, canal, or duct: passing over such lands shall have been laid down or formec or during the formation thereof. Also sufficient. posts, rails, hedges, ditches, mounds, or other fences Fences, &e. for separating the land, taken for the use of such works from the adjoining lands not taken, and protecting such lands from trespass, or the cattle of the owners or occupiers thereof from straying thercout by reason thereof, together with all neces- sary gates made to open towards such, adjoining lands and not tow ards the said works, and all necessary stiles, and such posts, rails, and other fenees shall be made forthwith after the taking of any such lands, if the owners thereof shall so require, and the said 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 such works, and of such dimensions as will be sufficient at all times to convey the natural water from the lands lying near or affected thereby. Provided always, that: the Company shall not be required to make such accommodation works in such a manner as would prevent or obstruct the using of any works authorized by this Act, nor to make any accommodation on works with respeet to which the owners and oceupiers of the lands shall have agreed to receive and shall have been paid compensation. 58. Lf any difference arise respecting the kind or number of any Differences as to . fon worke ; "7 aed * accommodation such accommodation works, or the dimensions or sulliciency thereol, Vivke to he settled respecting the maintaining thereof, the same shall be determined by by Governor. the Governor, who shall also appoint the time within which such works shall be commenced and executed, 59. If any of the owners or occupiers of lands affected by such: Power to owners of : . , - lands to make pipe, canal, or duct shall consider the accommodation works made Dy saditional accommo- the Company, or directed by the Governor to be made by the Company, dation works. insufficient for the commodious use of their respective lands, it shall he lawtul Such works to be constructed under the superintendence of the Company's engineer. Method of proceed- ing before Justices in question of damages, Penalties, &c., to be summarily recovered before two Justices. Moiety of penalties to be paid to informers —Distress not unlawful for want of form. Penalty for default not otherwise pro- vided for. Appeal to Quarter Sessions on giving security. 56° VIC. 1895. Segenhoe Estate Irrigation. lawful for any such owner or occupier, at any time at his own expense, to make such further works for that purpose as he shall think necessary, and as shall be agreed to by the Company. 60. If the Company so desire, all such last-mentioned accom- modation works shall be constructed under the superintendence of the Company's enginecr, and according to plans and specifications to be submitted to and a approved by the Company. But the Company shall not be entitled to require either that plans shall be adopted, which will involve a greater expense than that incurred in the execution of similar works by the Company, or that the plans selected should be exccuted in a more expensive manner than that adopted in similar cases by the Company. PART ITT. Miscellaneous Proceedings—Legal Procedure, 61. When by this Act any question of compensation, expenses, charges, or damages, or other matter is required to be referred to the determination of any Justices, it shall be lawful for any Justice, upon the application of either party, to sammon the other party to appear before two Justices at a time and place to be named in such summons, and upon the appearance of such parties, or in the absence of any of them upon proof of due service of the summons, it shall be lawful for such two Justices to hear and determine such question, and for that purpose to examine such parties or any of them and their witnesses on oath, and the costs of every such inquiry shall be in the diseretion of such Justices, and they shall determine the amount thereof. 62. Every penalty, forfeiture, charge, or sum of moncy imposed by or made payable under this Act, the recovery of which is not other- wise provided for, may be recovered by summary proccedings before two Justices, under the provisions of the Act or Acts in force for the time being, yegulating summary proceedings before Justices. And where any such penalty, charge, or sum be not paid, either immediately after conviction or adjudication, or within the time appointed thereby, the same may be enforced by distress and sale of the offender's or defaulter's goods and chattels, in the manner provided by the said Acts. 63. One-half of any penalty recovered under this Act shall be paid to the informer; and where any distress is made for any sum of money to be levied under this Act, the distress itself shall not be unlawful, nor the persons making the same be dcemed trespassers, on account of any defect or want of form in the information, summons, conviction, warrant of distress, or other proceedings relating thereto, nor shall the persons distraining be deemed trespassers on account of any irregularity that shall be afterwards done by the persons distraining, but the persons aggrieved by such irregularities may recover satisfaction for the special damage in an action on the case. 64. If it shall be proved to the satisfaction of any two Justices in Petty Sessions assembled, that the Company or any of their officers have been guilty of any default under this Act not otherwise provided for, they shall be liable for each and every such default to a penalty not exceeding five pounds, to be recovered in a summary way. 65. Hf any party shall feel aggrieved by any determination or adjudication of any Justices with respect to any penalty or forfeiture under the provisions of this Act, such party may appeal to the nearest Quarter Sessions; but no such appeal shall be entertained unless 1893. 56° VIC. Segenhoe Estate Inr igation. unless it be made within four months next after the making of such determination or adjudication, nor unless ten days' notice in writing of such appeal, stating the nature and grounds thercof, be given to the party against whom the appeal shall be brought; nor unless the appellant forthwith after such notice enter into" recognizances with two sufficient sureties before a Justice, conditioned duly to prosecute such appeal, and to abide the order of the Court thereon. At the Quarter Sessions, for which such notice shall be given, the Court shall proceed to determine the appeal in a summary way, or they may, if they think fit, adjourn it to the following Sessions, and upon the hearing of such appeal, the Court may, if they think fit, mitigate any penalty or forfeiture, or they may confirm or quash the adjudication, and order any money paid by the appellant, or levied by distress upon his goods, to be returned to him, and also may order such further satisfaction to be made to the party injured, as they may judge reason- able; and they may make such order concerning the costs, both of the adjudication and of the appeal, as they may think reasonable. 66. If through any act, default, or neglect, on account whercof any person shall have incurred any penalty imposed by this Act, any damage to any conduit, main, pipe, sewer, or other property of the Company, used in connection therewith, shall have been committed by such person, he shall be liable to make good such damages as well as to pay such penalty, and the amount of such damages shall, in case of dispute, be determined by the Justices before whom the party inewrring such penalty shall have heen convicted, and on non- "payment of such damages on demand, the same shall be levied by distress, and such Justices, or one of them, shall issue their warrant accordingly. 67. It shall be lawful for any officer or servant of the Company, and all persons assisting him, to seize and detain any person who shall have committed any offence against the provisions of this Act, and whose name and residence shall be unknown to such officer or servant, and convey him, with all convenient despatch, before some Justice without any warrant or other authority than this Act, to be dealt with according to law. GS. In the event of the wrongful exercise of any powers given by this Act, nothing in this Act contained shall be construed to prevent any person from indicting, or otherwise proeceding, either civilly or criminally against the Company or their oflicers, for nuisance or otherwise in respeet of the works, or means used or employed by the Company in the exercise of the privileges hereby conferred on the Company, or to prevent the Company, or any person recovering any sum of money, or otherwise proceeding in any Court of competent jurisdiction ; but the Company or any person, to whom any penalty or sum of money may, by the provisions of this Act, be awarded, may elect, either to proceed in manner in this Act provided, or to proceed for and recover damages or otherwise, in any Court of competent jurisdiction. 69. Any notice required by this Act, or by any by-law or regula- tion made thereunder to be served on, or given to, any owner or occupier of any building, land, or premises, or on or to any person, may be in writing, or partly in writing and partly printed, or may be wholly printed. And it shall be sufficient for all purposes of this Act, unless the said Act in any case prescribes a different course to be pursued, if any such notice is sent by post to the owner by registered letter addressed to his last-known place of abode or business, or is served on the owner or occupier of such building, land, or premises, or left with some inmate apparently above the age of fourteen years living at the place of abode of such owner or occupier, or if there be no occupicr, if such notice be posted on some conspicuous part of such building or land. And any notice required to be served or given in respect. Cowt to make such order as they think reasonable, Damage to be made good in addition to penalty. Transient offenders. Indictment for nui sinces, Notices. Rights, powers, &e. under this Act may be assigned, &c., to incorporate Company. Power to extend the provisions of the Act. Company shall expend not less than £5,000 within twelve months, Payment by the Company for water. 56° VIC. 1893. Segenhoe Estate Irrigation. respect of any public strect, road, or lane may be served on or scent by post as aforesaid to the Council Clerk of the Borough or Muni- cipal District wherein such street, road, or lane, or a portion thereof affected by the notice is situated. 70. It shall be lawful for the Company, at any time after the passing of this Act, to assign, transfer, convey, and release to any person, or to any Company duly incorporated for that purpose, all the rights, powers, authorities, privileges, liabilities, and obligations conferred and imposed upon it by this Act, together with all lands, tenements, hereditaments, estates, chattels, and effects of every kind acquired by it under or in pursuance thercof, and purchased, occupied, or used in connection with the same, and upon and after the com- pletion of such assigninent, transfer, conveyance, and release the said person or Company, their officers, agents, and servants alone may lawfully exercise and enjoy all the rights, powers, authorities, and privileges, and shall be and continue alone to be subject to all the liabilities, obligations, penalties, and forfeitures to which the said Company, their officers, agents, or servants would have been entitled or subject had no such assignment, transfer, conveyance, and release been completed: Provided, however, that nothing herein containcd shall prejudice or affect any rights accrued, action or proceedings taken against, or liabilities, obligations, penalties, or forfeitures incurred by the said Company before the completion of the said assignment, transfer, conveyance, and release, and for which the said assignees shall be as fully liable as the Company would have been if no such assignment, transfer, conveyance, and release had becn executed. 71. Upon the application of the Company the Governor may, by proclamation, declare that the provisions of this Act shall be extended to lands other than those within the irrigation areca, and thereupon such lands which shall in such proclamation be described shall be included within the provisions of this Act, the same as if such lands had been included in the provisions of this Act originally. 72. The Company shall expend in actual work, to the satisfac- tion of the Minister, the sum of not less than five thousand pounds within twelve months of the passing of this Act, otherwise all rights and privileges granted under this Act shall be forfeited. 73. The Company shall make payment to the Crown of such amount in each year in name of charges for water rights as the xovernor may from time to time prescribe, having regard to the cost of the Company's irrigation works and maintenance thereof, and in the event of any general legislation in reference to irrigation being herc- after enacted the amount of such charges shall be in accordance with the rates, if any, fixed in or appointed by any such general legislation, but in the meantime shall not exceed one penny for every thousand cubic feet of water supplied by the Company to the Irrigation or Cultivation Area or elsewhere. SCITEDULE I. 1893. 56° VIC. 'Scotlish Australian Mining Compan, y (Limited) Railway. SCHEDULE TI. Notice of Claim and Abstract. To the " Land Company of Australasia (Limited)." In pursuance of the '"Segenhoe Estate Irrigation Act" T (or re) hereby give you notice that I (or we) claim compensation for | Jand hercunder described whieh has been resumed under the said Act. The amount of such claim and other the particulars required by the said Act are stated in the subjoined abstract. Abstract. eo 7 nes of persons Names and Quit rents pay- | Names of occupiers, Pine nen Dates and | having the custody deseri ' Situation fable if leaschold,! distinguishing {18 i other short | of documents, and parties claiming and) "and | name of kund- | whether tenantsat- | Separately, the particulars | place or places where deseription | lord, term of | will or under Tease, |"EUN Tie of, | focus | the same may be in- of property.} ease, and rent rent reserved, ean Mad for, Btents of |spected, and name of userved, ' terms, 2 propert an for title. Dah) tail, or otherwise. reserveu cerns, compensat a , . pensation. 1 solivitor or ; : i | | — (Signature) (Address) (Date) SCHEDULE IT. Notice of Valuation. To A.B., claimant in respect of the land hereunder described, resumed under the " Segenhoe Estate Irrigation Act." Take notice that the land hercunder described, being that in respect of the resumption whereof under the authority of the aforesaid Act your claim for compensation has been lodged, has been valued at the sum of £ CD., (for the Company.) Description of land in respect of which elaim has been made. Aur that piece or parcel of land, &e., &¢., &e.