Simpson's Railway Act of 1893 56 Vic (NSW)

snusox'sRanway. AN Act to authorise the construction of an Preamble. extension of the Railway commonly known as the Rosehill Railway, in three sections, from a point about nine chains seventy- five links from the northern end of the Rosehill Station Platform, crossing the Parramatta River, traversing the Districts of Rydalmere, Pennant Hills, Dundas, and Castle Hill, and terminating at Dural. [18th June, 1893. ] JHEREAS Benjamin Crispin Simpson, of Sydney, in the Colony of New South Wales, civil engineer, being the present pro- prietor of the railway from Clyde Station to the Parramatta Riv er, known as the Rosehill Railway , is desirous of constructing an extension of such railway in three sections from a point about nine chains seventy-five links from the northern end of the Rosehill Station Platform ; then crossing the Parramatta River; then traversing the districts of Rydalmere, Pennant Hills to a point north of the Pennant Hills Road, being three miles twenty-eight chains from the starting point, and being the first section of the said extension; thence traversing Dundas and Castle Hill to a point in the district of Castle Hill five miles twenty-four chains from the end of the first section, being the second section of the said extension ; thence to a further point in the district of Dural three miles forty-one chains or thereabouts from the termination of the second section, being the third section of the said extension, such railway to run through certain private lands and certain streets described in the Schedule annexed hereto. And whereas it is desired to construct such railway extension for the purpose of making the Rosehill Railway of greater use, and for the further purpose of opening up a most fertile and valuable district now without railway facilities, and of giving better access to the inhabitants thereof 1893. 56° VIC. Simpson's Railway. thereof and the public generally to Sydney and surrounding country : And whereas the increased facilities of 'communication and traflic which would result from the construction of the said proposed railway extension would be for the public convenience and benefit. And it is desirable to authorise by Legislative enactment the construction and maintenance of the said' proposed railway extension subject to the provisions hereinafter contained: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—- 1. It shall be lawful for the said Benjamin Crispin Simpson, his heirs, executors, administrators, or assigns, upon the terms and conditions, and subject to the provisions hereinafter contained, to make and construct a railway in extension of the present Rosehill Railway for conveying passengers und their luggage, and other goods and merchandise from a point about cine chains seventy-five links from the north end of the Roschill Station Platform; thenee by the lines described in the first part ol the Schedule to this Act to a point north of the Pennant Hills Road, distant three miles twenty-cight chains from the starting point, and being the first section of the said extension. And upon the completion of the said first section to con- tinue the said railway by the lines described in the second part of the Schedule to this Act to a point in the district of Castle ILill, distant five miles twenty-four chains from the termination of the said first section, and being the second section of the said extension. And upon the completion of the said second section to continue the said railway by the lines deseribed in the third part of the Schedule to this Act to a point in the district of Dural, distant three miles forty-one chains or thereabouts from the termination of the second section, and being the third section of the said extension, and to use so much of the streets and take and use so much of the lands referred to in the said Schedule, as may be necessary for the purposes of such railway : Provided that the first section of the said railway shall be completely constructed between the points above indicated and brought into use within three years, and that the whole of the said vailway shall be completely constructed and brought into use within five years from the passing of this Act. And the said railway shall be constructed in a proper and workmanlike manner, to the satisfaction of the Engincer- in-Chief for Railway Construction: Provided further that the said Benjamin Crispin Simpson shall within four months from the passing of this Act, lodge the sum of three thousand pounds with the Colonial Treasurer, and within twelve months from the passing of this Act, expend at least ten thousand pounds in the actual work of construction to the satisfaction of the Minister. In the event of the latter sum being expended as provided, then the said sum of three thousand pounds shall be returned, but in default of the expenditure of ten thousand pounds, then the said three thousand pounds shall be forfeited and become part of the Consolided Revenue, and all rights and privileges granted under this Act shall cease. It shall be lawful for the said Benjamin Crispin Simpson, his heirs, executors, administrators, or assigns, and all persons acting under him, them, or any of them to enter into and upon the streets or lands hereinbefore referred to, or any lands adjoining or contiguous thereto, and to survey, take levels, and stake or set out the same for the purpose of laying out the said railway extension and all other works connected therewith, and shall have all such other rights and privileges as are required or necessary for the construction, repair, completion, maiytenance and use of the said railway. 3. o3 Authority to construct railway extension. Entry upon streets, 54 56" VIC. 1898 Simpson' 8 Railway. © 3. The gauge of the said railway extension shall he same gauge as the Government Railways. Level. 4, The railway shall throughout its course be laid so as to interfere as little as possible with the general level of the said streets and lands, and throughout the whole extent of the said extension shall be laid with rails subject to the approval of the Railway Commissioners. Crossings. 5. Where the railway extension shall cross any public highway, parish road ona level, the said Benjamin Crispin Simpson, his heirs, executors, administrators, or assigns shall erect, and at all times muintain, 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 oper. and shut such gates, and such gates shall be kept constantly closed across such roads on both sides of the railway except during the time when horses, cattle, carts, or carriages passing along the same shall have to cross such railway, and such & gates shall be of such dimensions and so constructed as, when closed, to fence in the railway and prevent cattle or horses passing along the road from : entcring upon the railway, and the persons entrusted with the care of such gates shall cause the same to be closed as soon as such horses, cattle, carts, or carriages shall have passed through the same under a penalty of forty shillings for every default therein: Provided always that it shall be lawful for the Secretary for Public Works or Railway Commissioners in any ease in which they shall be satis- fied that it will be more conducive to the public safety that the gates on any level crossing over any such road shall be kept closed across the railway to order that such gates shall be kept so closed instead of across the road. And in such case such gates shall be kept constantly closed across the railway except when engines or sarriages passing along the railway shall have occasion to cross such road in the same manner and under the like penalty as above directed with respect to the gates being kept closed across the road. And further provided that the construction of all road crossings whether on the level, overhead, or subway shall be subject to the provisions of the ' Public Works Act of 1888." 3. The said railway extension shall be open to public use upon payment of the tolls or charges following, that is to say :— For passengers, a sum not exceeding twopence per head per mile. Hor goods and merchandise, rates and other charges not exceeding those charged on the Government railways : Provided that the said tolls or charges may be inercased with the approval of the Railway Commissioners. Works for benefit of The said Benjamin Crispin Simpson, his heirs, executors, adjoining owners, &c. , and aulvainistraters, and assigns shall make, and at all times thereafter maintain for the accommodation of the owners and occupiers of lands Gates, &e. adjoining the said railway, such and so many convenient gates, bridges, arches, culverts, and passages over, under, or by the sides "ol or lea ding to or from the railway extension 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 extension 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 Fences. the formation thereof. Sufficient posts, rails, hedges, ditches, mounds, or other fences for separating the land taken for the use of the railway extension from the adjoining lands not taken and protecting such lands from trespass or the horses or cattle of the owners or ocenpiers thereof from straying thereout by reason of the railway, together with ali necessary gates made to open towards such adjoining lands and not towards the 1 'allway, and all necessary stiles, and such posts, rails, and other fences shall be made forthwith after the taking of any such lands, if Gauge. Tolls and charges to public. 1893. 56' VIC. Simpson's Railway. qr Or 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. drains, or other passages cither over or under or by the sides of the railway of such dimensions as will be sufficient at all times to conv ey 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 : | Provided always that the said Benjamin Crispin Simpson, his heirs, executors, administrators, or assigns 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 or occupiers of the lands shall have agreed to receive and shall have been paid compensation instead of making them. 8. If any person omit to shut and fasten any gate sct up at Penalty on person cither side of the railway for the accommodation of 'the owners or omitting to fasten occupiers of the adjoining lands so soon as he and the carriages, 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. 9, When the said railw: ay crosses any oad. on the level, the maintenance of said Benjamin Crispin Simpson, his heirs, executors, administrators, '- and assigns shall maintain in perfeet order and repair the said railway and the metalling or roadway between the rails thereof and to the boundary fence on either side. 10. The said Benjamin Crispin Simpson, his heirs, executors, Repair of damage to administrators, and assigns shall in the exercise of the powers sewer, &. conferred upon him or them by this Act do as little damage as possible and immediately repair and make good any damage which may during or by reason of the construction of the said railway be occasioned to any sewer or drain, or gas or water-main, or other property, and shall also repair and make. "good all damages which may be occasioned by the working of the said railway. . It shall be lawful for the said Benjamin Crispin Simpson, Locomotives, &e, to his heirs, executors, administrators, and assigns, subject as aforesaid, be employed. to provide, use, and employ locomotive engines or other motive power, and carriages and waggons to be drawn or propelled thereby, and to carry and convey upon the said railway extension all such passengers and goods as shall be offered for that purpose, and to charge the tolls and charges in respect thereof as above specified: Provided that all rolling stock before and during use shall be subject to the approval of the Railway Commissioners. 12. The Railway Commissioners shall at all times hereafter, Ruming power to upon forty-cight hours' notice in writing to the said Benjamin Crispin Railway Com: Simpson, his heirs, executors, administrators, and assigns, have the right to run such locomotives, carriages, and trucks, whether loaded or unloaded, on and along the said railway extension, and for such period or periods or at such time or times as the said Railway Com- missioners shall in the said notice specify : Provided always that the said Railway Commissioners shall not seriously interfere with the ordinary traffic of the said railway extension, nor deprive the public of the use thereof, and shall pay to the said Benjamin Crispin Simpson, his heirs, executors, administrators, or assigns such rates or tolls for the exercise of such right as aforesaid as may be agrecd upon between the said Railway Commissioners and the said Benjamin Crispin Simpson, his heirs, executors, administrators, or assigns, and in case of disagrec- ment such rates or tolls shall be referred to arbitration in the manner hereinafter provided respecting questions of compensation. 13. 'The Railway Commissioners may, from time to time, Railway Commis- appoint any person lor the purpose of inspeeting the condition of the sieners may appoint said inspector, Liability of carriers. 'Tolls to be paid as directed, By-laws for use of railway, 56° VIC. 1893. Simpson' 8 Railway. said railway, and of making any inquiry they shall deem necessary with respect thereto, or into the cause of any accident to any rolling stock of the said Commissioners running upon the said railway, and every such person appointed as aforesaid shall have the power to enter upon and inspect the said railway extension: Provided that no person so appointed shall interfere with the ordinary traffic of the said railway extension, nor deprive the said Benjamin Crispin Simpson, his heirs, executors, administrators, or assigns, or the public of the use thereof. 14. Nothing in this ct contained shall extend to charge or make liable the said Benjamin Crispin Simpson, his heirs, executors, administrators, and assigns, further, or in any other case than where according to the laws 'of this Colony y, stage-coach proprietors and common carriers would be liable, nor shall 'extend in any degree to deprive the said Benjamin Crispin Simpson, his heirs, executors, administrators, and assigns of any protection or privilege which common carriers or stage-coach proprietors may be entitled to, but on the contrary, the said Benjamin Crispin Simpson, his heirs, executors, administrators, and assigns shall at all times be entitled to the benefit of every such protection and privilege. '15. The tolls shall be paid, to such persons and at such places upon or near to the railway, and in such manner and under such regu- lations as the said Benjamin Crispin Simpson, his heirs, sxecutors, administrators, or assigns shall appoint, subject to approval of the Railway Commissioners. 16. It shall be lawful for the said Benjamin Crispin Simpson, his heirs, executors, administrators, or assigns from time to time, subject to the approval of the Railway Commissioners, and subject to the provisions and restrictions in this Act contained to make by-laws for the following purposes, that is to say :— For regulating the times of the arrival and departure of the carriages and trains and the number of persons to be carried therein. For regulating the loading or unloading of carriages. For prey enting the smoking of tobacco and the commission of any nuisance in or upon such carriages or any of the railway stations, waiting-rooms, or premises. And generally for issuing tickets regulating the travelling upon and working the said railway extension or any section thercof, and for the maintenance of good order, and for regulating the conduct of the railway officers and servants, and for providing for the due management of the said railway extension or any section thereof, and the protection thereof, and the carriages and waiting-rooms, offices, and premises from trespass and injury. But no such by-law shall authorise the closing of the said railway extension or any section thereof between sunrise and sunset, except at any time when, in consequence of any of the works being out of repair or from any other sufficient cause, it shall be necessary to close the said railway extension or any section thereof : Provided that such by -laws be not repugnant to the laws of the Colony or to the provisions of this Act; and a copy of such by-laws shall be given to every officer and scrvant of the said Benjamin Crispin Simpson, his heirs, executors, administrators, or assigns employed on the said railway extension or any section thereof, or affected by such by-laws, and such by-laws shall specify penalties which shall in no case exceed the sum of ten pounds: Provided always that the said Benjamin Crispin Simpson, his heirs, executors, administrators, or assigns, or his or their employees or 56° VIC. Simpson' 8 Railway. 1893. or servants shall, when using or when up the said vailway extension or any and subject to the Government railway ) 17. The production ofa copyot the New Soutl on the premises of section thereof, be liable y-laws. 1 Wales Government Gezetfe containing such by-laws shall be sufficient evidence of such by-laws in all pr oceedings under the same. 18. Before proceeding with the construction of the said railway extension or any section thereof, the said Benjami his heirs, executors, administrators, or assigns shal lands taken or required for the said railway to all ¢ in the said land, or to such of them as shall be Benjamin Crispin Simpson, his heirs, executors, assigns. so taken or required as aforesaid. That the saic Simpson, his heirs, executors, administrators, or assi to treat as to the compensation to be made to all taken or to be taken, and the damage sustained or them by the exercise of the powers conferred by demand in the said notice from such parties, and in Crispin Simpson, give notice of the 1¢e parties interested known to the said administrators, or Every such notice shall state the particulars of the lands Benjamin Crispin gns is or are willing yarties for the lands to be sustained by the wAet, and shall the said parties are hereby required to deliver forthwith to the saic Benjamin Crispin Simpson, his heirs, executors, administrators, or assigns the particulars of their estate and interest in such lands, and of the claims made by them in respect thereof, and such other particulars in' such form as may be preseribed together with an abstract of their title to such land, and if they claim in respect of damage the nature of the damage which they have sustained or will sustain by reason of the taking" of such lands. 19. All notices required to be served wpon or given by the said Benjamin Crispin Simpson, his heirs, executors, administrators, or assigns for the parties interested in or entitled to sell any such lands shall cither be served personally on such parties or affixed ina con- spicuous position upon the said land, and a copy of the said notice shall be published once a week for four consecutive weeks in a Sydney newspxper and similarly in the Gorerument Gazette. 20. If for twenty -cight days after the service of such notice the persons through whose lands the railway shall pass or any of them omit to state the particulars of their or 'his elaim in respect of such land, or fail to agree as to the amount. of compensation to be paid by the said Benjamin Crispin Simpson, his heirs, executors, administrators, or assigns for the interest in the said Jands of such persons or any of them, or for any damage that may be sustained by them or him by reason of the execution of the works, or if any other question as to compensation shall arise wider this Act, the amount of such compen- sation shall be settled by arbitrators in manner hereinafter mentioned, but the persons or person claiming compensation shall not be at liberty to institute any procceding for the recov ery of the amount of his claim until after the expiration ot fourteen days from the delivery of the particulars required by this Act to be furnished by them or him: Provided that if no claim be made within two years after personal service of such notice as aforesaid or seven years after notice has been affixed upon the land as hereinbefore provided by the party entitled to make such claim the same shall be deemed to have been abandoned. 21. When any question of disputed compensation or any other dispute shall have arisen, then, unless both parties shall concur in the appointment of a single arbitrator, each party on the request of the other party shall nominate and appoint an arbitrator to whom such dispute or other matter shall be referred, and every appointment of an arbitrator shall be executed by such party, and such appointment shall he Evidence of by-laws Compensation for resuiptions, &e. Service of notices, Arbitration clause. Appointinent of arbitrators. Default of failing to appoint arbitrator. Vacaney in arbitration to be supplied. Umpire. Supreme Court Judge to appoint umpire on refusal, &c. Death of single arbitrator. Tf either arbitrator refuse to act other to proceed ex parte. Tf arbitrators fail to make award within twenty-one days matter to go to umpire. 56° VIC. 1893. Simpson's Railway. be delivered to the arbitrator or arbitrators and shall be deemed a sub- mission to arbitration on the part of the party by whom the same shall be made, and after any such appointment shall have been made neither party shall have power to revoke the same without the consent of the other, nor shall the death of either party operate as a revocation, and the award of such arbitrator or arbitrators or umpire, if appointed as hereinafter provided, shall be final. 22. If after any such dispute or other matter shall have arisen, and after a request in writing setting forth the matter to be referred to arbitration shall have been served by the one party on the other party to appoint an arbitrator, such last-mentioned party fail for a period of fourteen days to appoint such arbitrator, then upon such failure it shall be lawful for the party making such request 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 matter which shall be in dispute, and in such case the award or determination of such single arbitrator shall be final and conclusive. 23. If before the matter so referred shall be determined any arbitrator appointed by either party shall die, or become incapable, or refuse, or for fourteen days neglect to act as arbitrator, the party by whom such arbitrator was appointed may nominate and appoint in writing some other person to act in his place, and if for the space of seven days after notice in writing in that behalf from the other party he fails to do so the remaining or other arbitrator 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. 24. When more than one arbitrator shall have been appointed, such arbitrators shall before they enter upon the matters referred to them nominate and appoint by writing under their hands an umpire to decide any matters on which they shall differ, or which shall he 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. 25. If in either of the cases aforesaid the avbitrator or arbitrators shall refuse, or for seven days after request of either party to such arbitration neglect to appoint an umpire, it shall be lawful for any Judge of the Supreme Court, on the application of either party to such arbitration, to appoint an umpire, and the decision of such umpire on the matters on which the arbitrators shall differ, or which shall be referred to him under this Act, shall be final. 26. If where a single arbitrator shall have been appointed, such arbitrator shall die, or become incapable, or shall refuse, or for fourteen days neglect to act before he shall have made his award, the matters referred to him shall be determined by arbitration undcr the provisions of this Act in the same manner as if such arbitrator had not been appointed. 27. If where more than one arbitrator shall have been appointed, either of the arbitrators shall refuse, or for fourteen days neglect to act, the other arbitrator may procecd alonc, and the decision of such other arbitrator shall be as effectual as if he had been a single arbitrator appointed by both parties. 28. If where more than one arbitrator shall have been appointed and where neither of them shall refuse or neglect to act as aforesaid such arbitrators shall fail to make their award within twenty-one days after 1895. oo" VIC. 09 S. impson's R ailway. after the day on which the last of such arbitrators shall have been appointed for that purpose by both of such arbitrators under their hands the matter referred to them shall be determined by the umpire to be appointed as aforesaid. 29. The said arbitrators or their umpire may call for the pro- Power to arbitrators duction of any documents in the possession or power of either party te «ml for books, &e. which they or "he may think necessary for determining the question in dispute, and may examine the parties or their w itnesses on oath and administer the oaths necessary for that purpose. 30. Before any arbitrator or umpire shall enter into the con- Arbitrators or umpire sideration of any matters referred to him he shall in the presence of a te mk (declaration ; for faithful discharge Justice of the Peace make and subscribe the following declaration, that of duties. is to say :— T, A.B., do solemnly and sincerely declare that I will faithfully and honestly and to the best of my skill and ability herein determine the matters referred to me under the provisions of *Simpson's Railway Act." Made and subscribed in the presence of ALB. and such declaration shall be annexed to the award when made, and if any arbitrator or umpire having made such declaration shall wilfully act contrary thereto he shall be guilty of a misdemeanour. 31. For the purpose of ascertaining the amount of compensation Damage and sever- to he paid by the said Benjamin Crispin Simpson, his heirs, executors, bee adininistrators, and assigns regard shall in every case be had by the arbitrators or thei umpire (as 'the case may be), not only to the valuc of the land to be taken but also to the damage (if any) to be sus- tained by the owner of the lands by reason of the severing of the lands taken from other lands of such owner, or otherwise injuriously affecting such other lands by the exercise of any of the powers under this Act by the said Benjamin Crispin Simpson, his heirs, executors, adminis- trators, and assigns, and they shall assess the same according to what they shall find to have been the value of such lands, estate, or intercst at the time notice was given of such lands being required or having been taken : Provided always that in ascertaining the amount of such compensation, the arbitrators or their umpire shall take into con- sideration by way of sct off or abatement any enlargement in the value of any land belonging to such owner, and so severed as aforesaid by the construction of the railway extension or any section thereof. 32. All costs of any such arbitration and incident thereto to be costs of arbitration. settled by the arbitrators shall be borne by the said Benjamin Crispin Simpson, his heirs, executors, administrators, or assigns, unless the arbitrators shall award the same or a Jess sum than shall have been offered by the said Benjamin Crispin Simpson, his heirs, executors, administrators, or assigns, in which case each party shall bear his own costs incident to the arbitration, and the cost of the arbitrators shall he borne by the parties in equal proportions, unless the amount awarded shall be one-fourth less than the amount elaimed, in which case the whole costs shall be paid by the claimant, and the arbitrators shall direct the payment thereof accordingly : Provided that if either party shall be dissatisfied with the costs allowed by the arbitrators as aforesaid, the costs may be taxed by the Prothonotary or other proper officer of the Supreme Court, and the amount. allowed by such officer shall be the amount of costs to be paid. 33. The arbitrators shall deliver their award in writing to tlic Award tobe said Benjamin Crispin Simpson, his heirs, executors, administrators, or Honora Criepin assigns, who shall retain the same, and shall forthwith on demand Simpson. furnish a copy thereof to the other party, and shall at all times on demand produce the said award, and allow the same to he inspected or examined Submission may be made a rule of Court. Award not void through error in form. Compensation for temporary, permanent, or recurring injuries. Power for the Government to purchase railway. Penalties, how recoverable. Short title. 56° VIC. 1893. Simpson' 8 Railway. 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. 4, The submission to any such arbitration may be made a rule of the Supreme Court on the application of either of the parties. 35. No award made with respect to any question referred to arbitration under the provisions of this Act shall be sct aside for irregularity or error in matter of form. 36. The said Benjamin Crispin Simpson, his heirs, executors, administrators, or assigns shall make compensation and satisfaction to be ascertained and recovered in case of difference in the manner hereby provided for temporary, permanent, or recurring injury, and all other damage, loss, costs, charges, and inconvenience which may in anywise be occasioned to the said owners or occupiers by the non- performance by the said Benjamin Crispin Simpson, his heirs, executors, administrators, or assigns of any of the matters or things hereby required to be performed by them or otherwise. 37. It shall be lawful for the Governor, with the advice of the Executive Council, at any time after the purchase by the Government of the Rosehill Railway, under the powers in that behalf vested in him by " Bennett's Railway Act of 1886," by notice in writing addressed to the said Benjamin Crispin Simpson, or upon publication of a notification in terms of section twenty of the ' Public Works Act," to require the said Benjamin Crispin Simpson, his heirs, executors, administrators, or assigns to sell, and thereupon the said Benjamin Crispin Simpson, his heirs, executors, administrators, or assigns shall sell to the Government, as the case may be, the said railway extension upon the terms of paying the then value (inclusive of compensation for compulsory sale not exceeding ten per centum) of the said railway extension, and all lands, buildings, works, materials, and plant of the said Benjamin Crispin Simpson, his heirs, executors, administrators, or assigns suitable to, and used by him or 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 forty-second and other sections subsequent thereto of the 'Public Works Act of 1888," fifty-first Victoria number thirty-seven, for settling cases of disputed co