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

1889. 53° VIC. 25 Silkstone Coal-mine Railway. An Act to enable Richard Tilden Smith, of stor com. MINE Rartway, Sydney, in the Colony of New South — Wales, and John Thomas Mancee, of Parr amatta, in the said Colony, to eon- struct a Railway from the Silkstone Coal- mine to the Great Northern Railway. [380th September, 1889. | HEREAS Richard Tilden Smith, of Sydney, in the Colony of Preamble. New South Wales, and John Thomas Manec, of Parramatta, in the said Colony, have opened coal-mincs upon lands situated near Maitland, in the parish of Stanford, in the county of Northumberland, and in order to facilitate communication between the said coal-mincs and the Great Northern Railway, the said Richard Tilden Smith and John Thomas Mancee, hereinafter designated the promoters, are desirous of constructing a railway from their said coal-mines 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 pro- posed railway, and traffic on the Great Northern Railway would be increased thereby. It is therefore desirable to authorize by Legislative enactment the construetion of the said railway, subject to the pro- visions hereinafter contained, upon payment 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 Quecn'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 authority of the same, as follows :— 1. It shall be lawful for the said promoters to make and Authority to con- construct a railway, which shall be of the same gauge as the Govern. {ructzainan and ment Railways, from a point inside the boundary "of their property Cirent Northern situated in the parish of Stanford, county of Northumberland, and Railway. from thence crossing the eastern boundary i in a north-easterly direction, through properties "held by 8. Hebblewhite, James Weston, H. J. Adams, J. Callaghan, Samucl Clift, W. Turnbull, and P. H. Swan, and through land believed to be owned by Miss Nine, Mrs. Harrington, J. Wlickey, the East Greta Coal Company, J. Leonard, IL. i. Capper, K.P. Capper, Mrs. Pilcher, J. Woolf, J. Callaghan, BE. Hungerford, C. Simpson, and others, and being portion of a parcel of land formerly owned by E. JIungerford, containing two thousand acres, the line running 'generally i in a north-casterly "dircetion through the said pro- perties ; thence crossing a road, known as the Telarah Road, to and through property held by Peter Green, and terminating at a point on the Great Northern Railway, at twenty miles sixty-five 'chains seventy- two links from Newcastle, and which lands and route are particularly described in the Schedule, and to effect, if necessary, a junction between the said line and the Great Northern Railway in accordance with section one hundred and twelve of the " Public Works As of c . 1888, Site of railway shall be vested in the promoters without conveyance, Railway open to the public, 53° VIC. 1889. Silkstone Coal-mine. Railway. 1888,"' such railway to be in the direction described in the Schedule, and the said promoters may take and occupy three acres of land, or any lesser area, 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 of such railway, shall so far as is necessary for the purpose of this Act be vested, by virtue of this Act, and without the necessity of any con- yeyance, in the promoters for the purposes of the railway. Provided that no lands vested in the Commissioners for Railways shall by virtue of this Act be vested in the promoters, and nothing hercin 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 promoters shall have no further right to the soil of the said lands beneath 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 three years after the passing of this Act, and that in default thereof, or if after its completion, the said railway shall cease to be used for three years con- tinuously, all the said lands, including Crown Lands, and all the said promoters' interest and estate therein shall revert without any convey- ance to the Crown and original owners thereof, their heirs and assigns respectively. Provided also that if in the exercise of the powers hereby granted it be found necessary to cross-cut through, sink, raise, or use any part of any road, so as to render it impassable for, or dangerous or inconvenient to the persons entitled to the use thereof, the promoters shall, before the commencement of any such operations, cause a sufficient road to be made instead of anyroad 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 promoters, 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 sufficient 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 promoters as to the necessity for such fences and gates, then the said promoters shall put up and erect such fences and gates as any two Justices of the Peace, after inquiry, shall deem necessary for the pur- poses aforesaid, on application being made to them. 3. The railway shall be open to the public use for the con- veyance of coal and goods upon payment of a toll to the promoters for the conveyance of coal of a sum not excceding one penny per ton per mile, with a minimum charge of threepence per ton in respect of every ton of coal for every transit, and for the conveyance of goods at the rate per ton not exceeding that charged by the Commissioners for Railways in respect of every ton of goods for every transit, tlic person secking transit supplying and loading his own trucks or on Government waggons, and the promoters or Government 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 promoters to supply locomotive power unless the party sccking transit guarantee and bring one hundred tons, at least, during 1889. 53° VIC. Silkstone Coal-mine Railway. during the twelve working hours, and give notice of same at least, tw enty -four hours prev iously. The railw ay shall at all times be open to the public for conveyance of coal and goods upon payment of a toll to the promoters for the conveyance of coal of a sum not exceeding one half-penny per ton per mile, with a minimum charge of twopence per ton in respect of every ton of coal for every transit, and for goods of a sum not exceeding one penny half-penny per ton per mile in respect of every ton of goods for every transit, if the party secking transit supply the locomotive power as well as the trucks and waggons. Provided that so long as the promoters shall be willing to supply locomotive power, no other person shall use locomotive power on the line other than the Commissioners for Railways. Provided that if the railway shall be damaged by parties who shall themselves use the railway for transit and supply locomotive power, the promoters shall be entitled to compensation for such damage, to be recovered, either by action in the Supreme Court of New South Wales, or, if such damage do not exceed the sum of twenty pounds, summarily before two Justices ; and in estimating such damage, the promoters 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 sus- pension of transit or otherwise. 4, It shall be lawful for the owners or occupiers of the lands adjoining thereto or 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, trucks, and waggons to or from or upon the said railway, and the promoters 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 com- munication can be made with safety to the public and without injury to the said railway, and without inconvenience to the traffic thereupon, and the promoters shall not take any rate or toll or other moneys for the passing of any passengers, coal, and goods, or other things along any branch so to be made by any such owner or occupicr or other person, but this enactment shall be subject to the following restrictions and conditions (that is to say)— No such railway shall run paralicl to the said railway—provided that this shall not apply to any railway line connecting any other colliery in that neighbourhood with the Great Northern Railway, the promoters 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 plane 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 promoters, from time to time made, with respect to passing upon or crossing the rail- way 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 promoters, under the direction of their en gineer. 5. For the Purposes, and subject to the provisions hereinafter contained, it shall-be law ful for the promoters, their deputics, agents, servants, and workmen, and all other persons by them authorized and empowcred, to divert cr alter the course of any road or way crossing the railway, or to raisc or sink any road or way, in order 'the more conveniently to carry the same over, or under, or by the side of the railway. 6. Branch railways, Power to divert or alter roads, Penalty for not sub« tituting a road, Right to carry passengers. Road repairs, Owners crossing. 53° VIC. 1889. Silkstone Coal-mine Railway. G6. If the promoters 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 interrupted, and such penalty shall be paid to the trustces, commissioners, surveyor, or other persons having the management of such road, if a public road, and shall be applied for the purposes thereof, or in case of a private road, the same shall be paid to the owner thercof, and every such penalty shall be recoverable, with costs, by action in any of the superior Courts. 7. It shall be lawful for but not compulsory upon the said promoters from time to time, and at any and all times, to carry passengers and live stock upon the said railway or any part thercof respectively, and to make, demand, take, receive and recover such tolls or dues for carrying the same at such rates per mile, or other scale of charges as shall be established from time to time by the pro- moters for or in respect of all such passengers and live stock which shall be conveyed or transported upon such railway or any part thercof respectively. And the promoters are hereby authorized to make such by-laws and regulations not inconsistent with this Act as may he necessary for the regulation of such traffic, and such by-laws or regu- lations shall be binding upon all persons using or travelling upon the said railway, and any persons offending against such by-laws or regu- lations shall be liable to a fine not exceeding ten pounds for cach offence, to be recovered in a summary way before any two Justices. Provided always that if the rates, tolls, or dues that may be established as aforesaid under and by virtue of this Act shall be found excessive, it shall and may be lawful for any person by petition to the Executive Council to reduce the said rates, tolls, or dues, and to revise them in such manner as may seem most proper and advisable. 8. If, in the course of making the railway, the promoters 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 promoters, or as to the repair thereof by them, such question shall be referred to the determination of two 'Justices, and such Justices may direct such repairs to be made in the state of such road in respect of damage done by the promoters, and within such period as they may think reasonable, and may impose on the promoters for not carring into effect such repairs avy 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 promoters, if a public road, and be applied for the purposes of such road, or if a private road, the same shall be paid to the owner thereof. Provided always the said Justices shall have regard to, and shall make full allowance for, any tolls that may have been paid to the promoters on such road in the course of the using thereof. 9. Until the promotors shall have made the bridges or other proper communications, which they shall, under the provisions herein contained, have been required to make between lands intersected and the railway, and no longe er, the owners and occupiers of such lands, and any other persons whose right-of-way shall be affected by the want of such communications, and * their respective servants, may at all times freely pass and repass with carriages, horses, and other animals directly but not otherwise, across any part of the railway made in or through their respective lands solely for the purpose of 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 1889. —_ 53' VIC. Silkstone Coal-mine Railway. with the promotors, received, or agreed to receive, compensation for or on account of any such communications instead of the same being formed, such owner or occupier, or those claiming under him, shall not be entitled so to cross the railway. 10. If the railway cross any public highways or parish road on a level, the promoters 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 dimen- sions, and so constructed as when closed to fence in the railway, and prevent cattle or horses passing along the road from entering upon the railway, and the person entrusted with the care of such gates shall cause the same to be closed as soon as such horses, eattle, carts, or carriages shall have passed through the same, under a penalty not exeecding forty shillings for every default therein, to be recoverable before any two Justices in a summary way. Provided always that it shall be lawful for the Secretary 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 he kept so closed instead of across the road, and in case such gates shall he kept constantly ¢ or carriages passing along osed across the railway, except when engines the railway shall have occasion to cross such road in the same manner and under the like penalty as ahove directed with respect to the gates 1 veing kept closed across the road. 11. Tn ease of accidents or slips happening or being apprehended to the cuttings, embankments, or other works of the said railway it shall be lawful for the promoters and their workmen and serv vants 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 promoters shall within forty-cight hours after such entry make a report to the Seeretary for Public Works, specifying the nature of such accident or apprehended accident, and of the works necessary to be done, and such powers shall cease and determine if the said 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 oceupiers 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. 12. Every bridge to he erected for the purpose of carrying the railway over any road "shall be built in conformit y 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 Provisions in cases where roads are crossed on a level. Power to enter upen ad joining lands to repair accidents, sab: | to certain restrictions, Construction of bridges over roads. Construction of 53° VIC. 1889. Silkstone Coal-mine Railway. be over a main road, and fifteen feet for a space of ten fect 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 fect ; the clear height of the arch for a space of nine fect shall not be less than fourteen feet over a private road. The descent made in the road in order to carry the same under the bridge shall not be more than one foot in thirty feet if the bridge be over a public highway, one foot in twenty feet if over a parish road, and one foot in sixteen feet if over a private road, not being a tramroad or railroad, or if the same be a tramroad or railroad the descent shall not be greater than the ruling gradient of such tramroad or railroad. 13. Every bridge erected for carrying any road over the railway bridgesoverrailroads shal] be built in conformity with the following regulations, that is to The width of the bridges need not exceed the width of the road in certain cases. Existing inclination of roads crossed or diverted need not be improved. Works for benefit of owners, Gates, bridges, ke. sa ay There shall be a good and sufficient fence on cach side of the bridge, of not less height than four feet, 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 feet if a parish road, and twelve fect if a private road. The ascent shall not be more than one foot in thirty-feet if the road be a main road, one foot in twenty-fect if a parish road, and one foot in sixteen if a private road, not being a tramroad or railroad ; orif the same bea tramyroad or railroad the ascent shall not be greater than the ruling gradient of such tram- road or railroad. li. Provided always that in all cases where the average avail- able width for the passing of carriages of any existing road within fifty yards of the point of crossing the same is less than 'the width herein- before preseribed for bridges" over or under the railway, the width of such bridges need not be greater than such average available width of such roads, but so, nevertheless, that such bridges be not of less width in case of a public highway or parish road than twenty feet. Provided also, that if at any time after the construction of the railway, the average available width of any such road shall be increased beyond the width of such bridge on either side thereof, the promoters 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 suveyors 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. 15. Provided also, that if the mesne inclination of any road within two hundred and fifty yards of the point of crossing the same, or the inclination of such portion of any road as may be 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 promoters, then the promoters may carry any such road over or under the railway, or may construct such altered or substituted road at an inclination not steeper than the said 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. 16. The promoters shall make and at all times thereafter maintain the following works for the accommodation of the owners and oceupiers of lands adjoining the railway, that is to say— Such and so many convenient gates, bridges, arches, culverts, and passages over, under, or by the sides of or leading to or from the 1889. 53° VIC. 31 Silkstone Coal-mine Railway. 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 ofthe 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 such 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 Drains, passages, either over or under or by the sides of the railway of such dimensions as will be sufficient at all times to convey the water as clearly from the lands lying near or affected by the railway as before the making of the railway, or as nearly so as may be, and such works shall be made from time to time as the railway works proceed. Also, proper watering-placcs for cattle or compensation in licu Watering-places. thereof, where by reason of the railway the cattle of any person occupying any landslying nearthereto shall be depriv cd of access to their former watering-places ; and such watering- places shall be so madeas 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 promoters shall make all necessary watercourses and drains for the purpose of conveying water to the said watering-places. Provided always that the promoters 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 heen paid compensation instead of the making them. 17. If any person omit to shut and fasten any gate sct up at Penalty on persons either side of the railway for the accommodation of "the owners or ones to fasten occupiers of the adjoining lands, so soon as he, and the carriage, cattle, ® or other animals under his care have passed through the same, he shall forfeit for every such offence any sum not exceeding ten pounds, to be recoverable in a summary way before any two Justices. 18. The promoters shall not be entitled to any mincrals under Minerals not to pass. any land whercof 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 promoters. 19. If within twenty-cight days after the passing of this Act, the Cumpersation claw, said persons through whose lands the railway shall pass, or any of them and the promoters 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 exceution of the w orks, or if any other question as to compensationshall arise under this Act, the amount of such compensation shall be settled by arbitrators in manner hereinafter mentioned, that is to say: Unless both parties shall concur in the appointment of asingle Appointment of arbitrator, cach party on the request of the other party shall nominate arbitrators. an 32 53° VIC. 1889. Silkstone Coal-mine Railway. 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 be delivered to the arbitrator or arbitrators, and shall be deemed a submission to arbitration on the part of the party by whom the same shall be made. And after any such appointment shall have been made, neither party shall have power to revoke the same without the consent of the other, nor shall the death of either party operate as a revocation. And if for the space of fourteen days after any such dispute or other matter shall have arisen, and after a request in writing shall have been served by the one party on the other party, to appoint an arbitrator, such last- mentioned party fail to appoint such arbitrator, then, upon such failure, it shall be lawful for the Attorney-General for the time being of the said Colony, on the application of the party who has himself appointed an arbitrator, to appoint such arbitrator to act on behalf of both parties. And such arbitrator may proceed to hear and determine the matters which shall be in dispute. And in such case the award or determina- tion of such single arbitrator shall be final and conclusive. Vacancy of arbitrator 20. If, before the matter so referred shall be determined, any to be supplied. 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. Appointment of 21. Where more than one arbitrator shall have been appointed umpire, such arbitrators shall, before they enter upon the matters referred to them, nominate and appoint, by writing under their hands, an umpire to decide any matters on which they shall differ, or which shall be referred to them under the provisions of this Act. And if such umpire shall 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. Attorney-General to 22. If in either of the cases aforesaid the arbitrators shall seereet. umpreon yefuse, or for seven days after request of cither 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 cither party to such arbitration, to appoint an umpire; and the decision of such umpire on the matters on which the arbitrators shall differ, or which shall be referred to him under this Act, shall be final. In ease of death of 23. If, when a single arbitrator shall have been appointed, shatter to bogie the such arbitrator shall die, or become incapable, or shall refuse, or for de novo. fourteen days neglect to act before he shall have made his aw; ard, 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. If cither arbitrator 24. If, where more than one arbitrator shall have been bles to pwoceed appointed, cither of the arbitrators shall refuse, or for seven days ex parte, neglect to act, the other arbitrator may proceed alone; and the decision of such other arbitrator shall be as effectual as if he had been the single arbitrator appointed by both parties. If arbitrators fail to 25. If, where more than one arbitrator shall have been make their award ~~ gn nointed, and where neither of them shall refuse or neglect to act as within twenty-one days the maiterto aforesaid, such arbitrators shall fail to make their award within twenty- go to the umpire, one 1889. 53° VIC. 33 Silkstone Coal-mine Iailway. one days after the day on which the last of such arbitrators shall have been appointed, or within such extended time (if any) as shall have been appointed for that purpose by both of such arbitrators under their hands, the matters referred to them shall be determined by the umpire to be so appointed as aforesaid. 26. The said arbitrators or their umpire may call for the pro- Powers of arbitrators duction of any documents in the possession or power of either party ' ell 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. 27. Before any arbitrator or umpire shall enter into the con- artvitrator or umpire sideration of any matters referred to him, he shall, in the presence of to make a declaration A ¢ . : ° or faithful discharge a Justice of the Peace, make and subscribe the following declaration, of aaty. that is to say— I, A.B. do solemnly and sincerely declare that IT 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 " Silkstone Coal-mine Railway Act." Made and subscribed in the presence of ALB. And such declaration shall be annexed to the award when made, and Penalty for miscon- if any arbitrator or umpire, having made such declaration, shall wilfully @* act contrary thereto, he shall be guilty of misdemeanour. 28. All the costs of any such arbitration and incident thercto Cost of arbitration to be settled by the arbitrators shall be borne by the promoters, unless bow te be borne. the arbitrators shall award the same ora less sum than shall have been offered by the promoters, 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 cither party shall be dissatislied with the costs allowed by the arbitrators as aforesaid, the costs may be taxed by the Prothonotary or other proper officer of the Supreme Court, and the amount allowed by such officer shall be the amount of costs to be paid. 29. The arbitrators shall deliver their award in writing to the Award to be promoters, who shall retain the same, and shall forthwith, on demand, delivered to the at their own expense, furnish a copy thereof to the other party, and ns shall at all times on demand produce the said award, and allow the same to be inspected or examined by such party, or any person appointed by him for that purpose, and the amount awarded shall be paid within sixty days after the publication of such award. 30, The submission to any such arbitration may be made a Submission may be rule of the Supreme Court on the application of cither of the parties, msde 4tle of Court, 81. No award made with respect to any question referred to Award not void arbitration, under the provisions of this Act, shall be set aside for prouah error irregularity or error in matter of form. 32. The promoters shall make compensation and satisfaction to Componsation for the said owners and occupicrs (the amount of such compensation and {omPorey oF perma: satisfaction to be ascertained and recovered in ease of difference in the injuries. =~ manner hereby provided) for temporary, permanent, or recurring injury, and all other. damage, loss, costs, charges, and inconvenience which may in anywise be occasioned to the said owners or occupiers by the non-performance by the said promoters of any of the matters and things hereby required to be performed by them or otherwise. 33. In every case where the promoters shall take temporary Compensation to be possession of lands by virtue of the powers hereby granted, it shall be eeu ere incumbent on them, within one month after their entry upon such lands, upon being required so to do, to pay to the occupier of the said lands, Power for Govern. ment to purchase railway. Company may make by-laws. Evidence of by-laws. Lands belonging to Commissioners for Railways not to be taken. 53° VIC. 1889. Silkstone Coal-mine Railway. lands, the value of any crop or dressing that may be thereon, as well as full compensation for any other damage of a temporary nature which he may sustain by reason of their so taking possession of their lands ; and they shall also from time to time during their occupation of the said lands pay half-yearly to such occupier or tu the owner of the lands, as the case may require, a rent to be fixed by two Justices in case the parties differ, and shall also within six months after the completion of the railway, pay to such owner or occupier or deposit in a bank for the benefit of all parties interested, as the case may require, compen- sation of all permanent or other loss, damage, or injury that may have been sustained by them by reason of the exercise as regards the said lands of the powers hereby granted, including the full value of all clay, stone, gravel, sand, and other things taken from such lands. 34. It shall be lawful for the Secretary for Public Works on behalf of the Government, at any time by notice in writing, to require he said promoters, their heirs, executors, administrators, or assigns to sell, and thereupon the said promoters, their heirs, executors, adminis- trators or assigns shall sell to the Government, as the case may be, the said railway upon the terms of paying the then value (exclusive of any allowance for past or future profits of the said railway or any compensation for compulsory sale or other consideration whatsoever) of the said railway, and all lands, buildings, works, materials, and plant of the said promoters, theiv heirs, executors, administrators, or assigns, suitable to and used by them for the purposes of the said railway, such value in case of difference to be ascertained by arbitration in the manner provided by the "Public Works Act of 1888," fifty-first Victoria number thirty-seven, for settling cases of disputed compensa- tion, and subject to the terms and conditions therein contained. And when any such sale shall have been made to the said Government, the said railway, lands, buildings, works, materials, plant, and premises shall vest in the Commissioners for Railways, who shall have all the rights, powers, and authorities of the said promoters, their heirs, executors, administrators, and assigns in respect of the said railway so sold. 85. For the purpose of regulating the conduct of the officers and servants of the promoters, and for providing for the due manage- ment of the affairs of the promoters in all respects, it shall be lawful for the promoters, 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; and such by-laws shall be reduced into writing, and shall have affixed thereto the names of the promoters, and a copy of such by-laws shall be given to every officer and servant of the promoters aflected thereby, and such by-laws may specify a maximum and minimum penalty for any breach thereof, such penalty to be proceeded 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 promoters relating to penalties must be first approved of by the Attorney-General of the Colony for the time being. 386. The production of a printed or written copy of the by-laws of the promoters, shall be sufficient evidence of such by-laws in all proceedings | under the same. 37. Nothing in this Act shall be deemed to authorize the said promoters fo take or enter upon any lands belonging to the Commis- sioners 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 Commissioners for Railways. 38. 1889. 53° VIC. Broken Hill and District Water Supply Company. 38. The said Commissioners shall from time to time erect such signals and conveniences incident to the junction, either upon their own lands or on the lands of the promoters, and may from time to time appoint and remove such watchmen, switchmen, and other persons, as may be necessary for the prevention of danger to or inter- ference with the traffic at or near the junction, and in all cases at the expense of the promoters. 39. The working and management of such signals and con- veniences, wherever situate, shall be under the exclusive regulation of the Commissioners for Railways. 40. Nothing herein contained shall alter, repeal, or otherwise affect the " Public Works Act of 1888," or the " Government Railways Act of 1888." 41. In this Act the word "Justices" shall mean Justices of the 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 or a Stipendiary or Police Magistrate ; the word " Owner" shall mean any person or corporation who under the provisions of this Act would be able to sell land to the promoters; and the word ' promoters" shall mean and include the said Richard Tilden Smith and John Thomas Mance, and the survivor of them, and the heirs, executors, or administrators of such survivor, their or his assigns. 42. This Act whenever cited shall be suflicicntly described as the " Silkstone Coal-mine Railway Act of 1589." SCHEDULE, From a point inside the houndary of their property, situate in the parish of Stanford, county of Northumberland, and from thence crossing the eastern boundary in a north-easterly direction through properties held by 8. Tchblewhite, James Weston, W.J. Adams, J. Callaghan, Samuel Clift, W. Turnbull, and J. LL. Swan, and through land believed to be owned by Miss Nine, Mrs. Harrington, J. Mickey, the Rast Greta Coal Company, J. Leonard, I. If. Capper, E. P. Capper, Mrs. Pilcher, J. Woolf, J. Callaghan, E. Ifungerford, C. Simpson, and others, and being portions of a parcel of land formerly owned by E. Hungerford, containing two thousand acres, the line running generally in a north-casterly direction through the said properties ; thenee crossing the Telarah Road to and through property held by Peter Green, and terminating at a point on the Great Northern Railway at twenty miles sixty-five chains seventy-two links from Newcastle. Commissioners may erect signals and appoint watchmen and switchmen. Working of signals to be under regula- tions of Commis- sioners. Public Works and Government Railways Acts of 1888 not altered or repealed, Interpretation clause, Short title.