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