An Act to authorize the construction of a Railway from and connecting the line of Railway from Sydney to Par ramat ta near the Clyde Railway Station to and with the Par ramat ta River at a point opposite Old Redbank. [5th October, 1886.]
| WH E R E A S | W a l e s Esqu i re is desirous | of | cons t ruc t ing a ra i lway from | and |
| J o h n B e n n e t t of | Sydney in t he Colony of N e w | South |
| connec t ing t h e l ine of ra i lway | from | Sydney | to | P a r r a m a t t a | a t a po in t |
| near t h e | Clyde Ra i lway | Sta t ion | to | and | wi th t h e P a r r a m a t t a | R i v e r | a t |
| a poin t on t he | sou the rn side of t he said r iver opposite Old | R e d b a n k |
| such ra i lway to r u n t h r o u g h | cer ta in | pr iva te | lands | and | cer ta in | streets |
described in the Schedule annexed he re to A n d whereas i t is desired to cons t ruc t such rai lway for the purpose of g iv ing be t te r access to t he publ ic to t h e P a r r a m a t t a R ive r a n d to t he Racecourse and Recrea t ion
| Ground near there to k n o w n as t he Rosehi l l Racecourse | and | Recrea t ion |
| Ground | A n d whereas t he increased facilities of communica t ion and |
| traffic which would resul t f rom | t h e cons t ruc t ion of t h e said proposed |
| ra i lway would be for t h e publ ic convenience and benefit | A n d i t | is |
desirable to author ize by Legis la t ive enac tmen t s t h e construct ion and ma in tenance of t he said proposed ra i lway subject to the provisions here inaf ter conta ined Be it therefore enacted by t h e Queen ' s Mos t
| Exce l l en t Majes ty by and wi th t he advice and consent of t he | Legis la t ive |
| Council and | Legis la t ive | Assembly of | N e w | Sou th W a l e s | in | P a r l i a m e n t |
assembled and by the au thor i ty of t h e same as follows :—•
| 1. | I t | shal l be lawful for the said J o h n B e n n e t t his heirs executors |
adminis t ra tors or assigns upon t h e t e rms and condit ions and subject to t h e provisions hereinaf ter conta ined to m a k e and cons t ruc t a ra i lway for conveying passengers and the i r luggage and o ther goods and merchandize from a point on t h e lino of rai lway from Sydney to P a r r a m a t t a near t he Clyde Sta t ion and thence by the lines described in
| t h e Schedule to th i s A c t and to effect a j unc t ion be tween the | said |
| l ine | of | ra i lway from | Sydney | to | P a r r a m a t t a | and | t h e P a r r a m a t t a | R i v e r |
a t a point opposite Old R e d b a n k in accordance wi th section n ine ty - n ine of t h e " Governmen t Rai lways A c t of 1858 " and to t ake and use so m u c h of t he streets or lands referred to in t he said Schedule as m a y be requi red for the purposes of such rai lway b u t so t h a t t he same shall no t occupy in any pa r t thereof a grea ter space in b read th t h a n sixty-six feet inc luding the suppor t a n d foundat ions thereof provided t h a t t h e said ra i lway shal l be complete ly const ructed be tween t h e
| assigns shall have all necessary r igh t s of ingress and egress to and over t h e surface of the streets and lands before referred to and all such other r igh t s as are requi red for t he construct ion repai r complet ion and | use |
| points above indicated and b rough t in to use wi th in two years from | t h e |
| pass ing of this A c t | A n d t h e same shall be cons t ruc ted in a proper |
| and workmanl ike | m a n n e r | Provided fur ther | t h a t | th i s | au thor i ty | shal l |
no t ex tend beyond th i r ty years f rom t h e passing of th i s Ac t .
| 2. | The said J o h n | B e n n e t t | his heirs executors admin i s t r a to r s | or |
assigns shall at his or the i r cost for thwith upon t h e request in wr i t ing of t h e Secretary for Pub l i c W o r k s or Commissioner for Ra i lways
| efficiently | cons t ruc t a n d thereaf ter | ma in t a in such | sidings upon | t h e |
| said rai lway as t h e said Secretary for Pub l i c W o r k s | or | Commissioner |
| for Ra i lways | shall consider necessary for t h e proper a n d convenient |
| work ing of t h e said | ra i lway. |
| 3. | The said J o h n B e n n e t t h is | hei rs | executors adminis t ra tors | or |
| Use of t he said ra i lway | Provided t h a t | no th ing | herein conta ined shall |
| impa i r or | be | held to impa i r t h e | lawful | au thor i ty of t h e Munic ipa l |
Dis t r ic t of Granvi l le or of any other corporation c o m p a n y or person to m a k e all entries and exercise all o ther powers necessary for t he con s t ruc t ion ma in t enance and preservat ion of gas works wa te r works
| sewerage works and o the r | works lawful ly | cons t ruc ted u n d e r | g round . |
4. The gauge of t he said ra i lway shall be same gauge as t he
| Gove rnmen t | P a i l ways. |
5. The ra i lway shall t h roughou t i ts course be laid a t or about t he general level of t he said streets and lands and t h r o u g h o u t t h e whole ex t en t of t he said ra i lway shal l be laid w i t h rails subject to t h e approva l of the Commisioner for Ra i lways .
| G. W h e r e | t h e | ra i lway | shall cross | any | publ ic | h i g h w a y | par i sh |
| road on a level t he said J o h n | Benne t t his heirs executors | adminis t ra |
tors or assigns shall erect a n d a t all t imes ma in t a in good and sufficient gates across such road on each side of t he ra i lway where t h e same shall communica t e the rewi th a n d shall employ proper persons to open and shu t such gates a n d such gates shall be k e p t cons tant ly closed across such roads on bo th sides of t h e ra i lway excep t du r ing the t ime w h e n horses cat t le car ts or carriages passing a long t h e same shall have to cross such ra i lway and such gates shall be of such dimensions and so const ructed as w h e n closed to fence in t h e rai lway and to p reven t ca t t l e or horses pass ing a long t h e road from en te r ing upon t h e ra i lway and t h e persons en t ru s t ed w i t h t he care of such gates shall cause t he same to be closed as soon as such horses cat t le car ts or carriages shal l have passed t h r o u g h t h e same unde r a pena l ty of for ty shil l ings for every
| defaul t t he re in | Provided always t h a t it shal l be lawful for t h e Secretary |
for Pub l i c W o r k s or Commissioner for Ra i lways in any case in wh ich he shall be satisfied tha t it will be more conducive to t h e publ ic safety t h a t t h e gates on any level crossing over a n y such road shall be kep t closed across t h e ra i lway to order t h a t such gates shall be kep t so
| closed instead of across t he road | And in such case such gates shall |
be kep t cons tant ly closed across t h e ra i lway excep t w h e n engines or carr iages passing a long t h e ra i lway shal l have occasion to cross such road or ra i lway in t he same m a n n e r and unde r the l ike pena l ty as above directed wi th respect to t h e gates be ing k e p t closed across t h e road.
| 7. The said ra i lway shal l be open to publ ic use upon | p a y m e n t |
of t he tolls or charges following tha t is to say—
For passengers a s u m no t exceeding sixpence per head each way F o r goods the same ra tes per mi le as are charged on t h e Govern
| m e n t Ra i lways a n d for this purpose such rai lway shall be |
| deemed to be a cont inuat ion of t he Government | Ra i lway |
| between | Sydney | a n d | P a r r a m a t t a . |
| 8. The | said J o h n | B e n n e t t his | heirs | executors | adminis t ra tors |
and assigns shall m a k e and a t all t imes thereafter ma in t a in for the accommodat ion of t he owners and occupiers of lands adjoining the said rai lway t h a t is to say—-
Such and so m a n y convenient gates br idges arches culver ts and
passages over u n d e r or b y t he sides of or leading to or from
t h e ra i lway as shall be necessary for t h e purpose of m a k i n g
| good any in te r rup t ions caused by t h e | ra i lway | to t h e use of |
| t h e lands t h r o u g h | which t h e | ra i lway shal l be m a d e and | such |
works shal l be m a d e for thwi th after t he p a r t of t h e ra i lway pass ing over such lands shall have been laid out or formed or
| du r ing the format ion | thereof |
| Also sufficient posts rails hedges di tches m o u n d s or o ther | fences |
| for separa t ing t he land t aken | for t h e use of t h e ra i lway | from |
the adjo in ing lands not t a k e n and pro tec t ing such lands from trespass or t h e horses or ca t t le of t he owners or occupiers
thereof
thereof from s t ray ing the reou t by reason of t he rai lway toge ther w i th all necessary gates made to open towards such adjoining lands a n d not towards t h e ra i lway and all necessary stiles and such posts rails and other fences shall be made for thwi th after t he t a k i n g of any such lands if t h e owners thereof shall so requi re and t h e said other works as soon as
| convenient ly | m a y be |
| Also all necessary arches tunne l s culver ts drains or other | passages |
ei ther over or unde r or by t h e sides of t h e rai lways of such dimensions as will be sufficient a t all t imes to convey t he water as clearly from t h e lands ly ing near or affected by the
railways as before t h e m a k i n g of t he ra i lway or as near ly so
as m a y be and such works shall be made from t ime to t ime
as the rai lway works proceed.
Provided always t h a t t he said J o h n B e n n e t t his heirs executors adminis t ra tors or assigns shall no t be required to m a k e such accommo dation works in such a m a n n e r as would prevent or obst ruct t h e work ing or us ing of t h e rai lway nor to m a k e any accommodat ion works wi th respect to which the owners and occupiers of t h e lands shall have agreed to receive and shall have been paid compensat ion
| instead of | m a k i n g (hem. |
9. If any person omit to shut and fasten any gate set u p at ei ther side of t he ra i lway for t h e accommodat ion of t he owners or occupiers of t he adjoining lands so soon as he and the carr iages cat t le or o ther animals unde r his care have passed t h r o u g h t he same he shall forfeit for every such offence any s u m not exceeding ten pounds.
| 10. The said J o h n Benne t t his heirs executors | adminis t ra tors |
and assigns shall ma in t a in in perfect order and repair t he said railway and t he pavement s of t he same between t he rails of t he said ra i lway where crossing a n y roads and for the space of one foot six inches on each side of such rails .
1 1 . The said J o h n Benne t t his heirs executors adminis t ra tors and
assigns shal l immedia te ly repair any damage which m a y dur ing or by reason of t h e cons t ruc t ion of the said rai lway be occasioned to any sewer or dra in or gas or water m a i n or o ther p roper ty and shal l also
| repair a l l damages | wh ich | m a y be occasioned by t h e work ing | of t he |
| 12. I t shall | be lawful for and i n c u m b e n t | upon t h e said | J o h n |
Benne t t his heirs executors adminis t ra tors and assigns subject as afore said to provide use and employ locomotive engines or o ther moving
| power a n d carriages and waggons to be d rawn or propelled the reby and | to carry a n d convey upon the said rai lway all such passengers a n d goods |
| as shal l be offered for t h a t purpose and to charge the tolls and charges in respect thereof as above specified Provided t h a t a l l such tolls and charges be a t all t imes charged equal ly to all persons and after t he same ra t e in respect of all passengers and of all goods of t he same description a n d no reduct ion or advance in a n y such tolls shall be made e i ther direct ly or indirect ly in favour of or aga ins t any par t icu lar Com pany or person t ravel l ing upon or us ing t he said ra i lway. |
| 13 . The Commissioner for Rai lways shall a t all t imes hereafter upon twelve hours notice in writing to t he said J o h n B e n n e t t his heirs executors adminis t ra tors and assigns have t h e r igh t to r u n such loco motives carr iages and t rucks whe the r loaded or unloaded on and a long t h e said ra i lway and for such period or periods or a t such t ime or t imes as t he said Commissioner for Rai lways shall in t h e said notice specify Provided always t h a t t he said Commissioner for Ra i lways shall pay to t h e said J o h n Benne t t his heirs executors adminis t ra tors or assigns such rates or tolls for t h e exercise of such r igh t as aforesaid as the Governor w i th t he advice of t he Execu t ive Council shall f rom t ime to |
| |
14. No th ing in th is Ac t conta ined shal l ex t end to charge or m a k e liable t h e said J o h n Benne t t his heirs executors adminis t ra tors and assigns fur ther or in any other case t h a n where according to t h e laws of th is Colony stage-coach proprietors and common carr iers would be liable nor shall ex tend in any degree to deprive t he said J o h n Benne t t his heirs executors adminis t ra tors and assigns of any pro tec t ion or privi lege which common carriers or s tage-coach proprietors m a y be ent i t led to b u t on t h e cont ra ry t h e said J o h n Benne t t his hei rs execu tors adminis t ra tors and assigns shal l a t all t imes be ent i t led to t he benefit of every such protect ion and privi lege.
15 . The tolls shal l be paid to such persons and a t such places upon or near to t h e ra i lway and in such m a n n e r and under such regu lat ions as t he said J o h n Benne t t his heirs executors adminis t ra tors or assigns shall appoint subject to approval of the Commissioner for Ba i l ways.
| 16. | I t shall be lawful for t h e said | J o h n B e n n e t t his heirs |
executors adminis t ra tors or assigns f rom t ime to t ime subject to the approval of the Commissioner for Rai lways and subjec t to t h e provisions and res t r ic t ions in this A c t contained to m a k e regula t ions for t h e following purposes t ha t is to say—
| F o r r egu la t i ng t he t imes of t h e arr ival and depa r tu re of t he carriages and t ra ins and t h e n u m b e r of | persons to be carr ied | there in . |
| Tor regu la t ing the loading or un load ing of | carriages. |
F o r p revent ing the smoking of tobacco and the commission of any nuisance in or upon such carriages or any of t h e ra i lway stat ions wait ing-rooms or premises .
| A n d generally for r egu la t i ng | t he t rave l l ing | upon or | issuing | and |
| work ing the said | ra i lway and the m a i n t e n a n c e of good | order |
| and for r egu la t ing t he conduct of t he ra i lway officers | and |
| servants | and for | providing for t h e due m a n a g e m e n t of | the |
| said ra i lway a n d the protec t ion thereof | and the carriages and |
| wai t ing-rooms offices and premises from trespass a n d | in jury . |
| B u t no such regula t ion shall author ize t h e closing of t h e | said |
rai lway be tween sunrise and sunset except a t a n y t ime w h e n in consequence of any of t h e works be ing out of repair or from any o ther sufficient cause it shall be necessary to close t he said ra i lway or any par t thereof.
| Provided | tha t such by-laws | be no t r e p u g n a n t to the laws of | t h e |
Colony or to t he provisions of this A c t a n d a copy of such by-laws shall be given to every officer a n d servant of
| assigns employed on the said ra i lway or affected by such byt he said J o h n Benne t t his heirs executors adminis t ra tors or | laws and such by-laws shall specify penal t ies winch shal l in |
| no case exceed t h e s u m of t en pounds . |
| Provided a lways t h a t such by-laws m u s t be first approved of by t he At to rney-Genera l | of t h e Colony for t he t ime be ing . |
| Provided always t h a t the said J o h n Benne t t his heirs | executors |
adminis t ra tors or assigns or his or the i r employees or servants shall w h e n using or w h e n upon the premises of the said rai lway be liable and subject to t h e Governmen t Ra i lway By-laws.
| 17 . The production of a copy of the N e w South | W a l e s |
| Government | Gazette | conta in ing such by-laws shall be | sufficient |
evidence of such by-laws in all proceedings u n d e r t he same.
18. I f wi th in twenty-e igh t days after t he passing of th is
| A c t t he persons t h r o u g h whose lands t h e ra i lway shall | pass or any of |
t h e m and the said J o h n Benne t t his heirs executors adminis t ra tors or assigns shall not agree as to the a m o u n t of compensa t ion to be paid by t h e said J o h n B e n n e t t his heirs executors adminis t ra tors or
assigns
assigns for t h e said lands be longing to t he said part ies or any of t h e m or for any damage t h a t m a y be sus ta ined by t h e m or h i m by reason of t he execut ion of t h e works or if any o ther quest ion as to compen sat ion shall arise u n d e r th is A c t t he amoun t of such compensat ion
| shall | be | sett led b y arb i t ra tors | in | m a n n e r hereinaf ter | ment ioned | tha t |
is to say—•
| Unless bo th part ies shall concur in t he appo in tment of a single a rb i t ra tor each p a r t y on t h e request of | t he | other | pa r ty | shall |
nomina t e and appoint an arb i t ra tor to whon such dispute or o ther m a t t e r shall be referred and every appoin tment of an a rb i t ra tor shall be executed by such pa r ty and such appoint m e n t shall be delivered to t he arb i t ra tor or arbi t ra tors and shall be deemed a submission to a rb i t ra t ion on the pa r t of the pa r ty by w h o m the same shall be made and after any such a p p o i n t m e n t shall have been made ne i ther p a r t y shall have power to revoke t h e same wi thou t t he consent of t he o ther nor shall t h e dea th of ei ther pa r ty operate as a revo cation and t h e award of such arbi t ra tors or umpi re if appointed as here inaf ter provided shall be final and if for t he space of four teen days after any such dispute or o ther m a t t e r shall have arisen and after a request in wr i t ing shall have been served by t h e one p a r t y on t h e o ther pa r ty to appoin t an
| arb i t ra tor | such las t -ment ioned pa r ty | fail to | appoin t | such |
arbi t ra tor t h e n upon such fai lure i t shall be lawful for t he At to rney-Genera l for t h e t ime be ing of t he said Colony on the applicat ion of t he p a r t y who has himself appointed an arbi t ra tor to appoint such arbi t ra tor to ac t on behalf of both par t ies and such arbi t ra tor m a y proceed to hear and de termine t he m a t t e r which shall be in d ispute and in such case t he award or de terminat ion of such single a rb i t ra tor shall be final and conclusive.
19. If before t he m a t t e r so referred shall be de termined any arbi t ra tor appointed by e i ther pa r ty shal l die or become incapable or refuse or for four teen days neglect to act as arb i t ra tor t h e pa r ty by w h o m such arbi t ra tor was appointed m a y nomina t e and appoint in wr i t ing some other person to ac t in his place and if for the space of seven days after not ice in wr i t ing from the other par ty for t he purpose he fail to do so t h e r ema in ing or other arb i t ra tor m a y proceed alone
| and every a rb i t ra tor so to be subs t i tu ted | as aforesaid shall have | the |
| same powers and authori t ies as were vested in t he former a rb i t ra tor | a t |
| the t ime of such his dea th refusal neglec t or disability as aforesaid. |