Bowenfels Coal-mining and Copper-smelting Company (Limited) Railway (Sale and Vesting) Act (1886 No bcc) (NSW)

An Act to author ize and empower the Direc tors for t h e t ime being of t h e "Bowenfe ls Coal-mining and Copper- smel t ing Company (L imi ted)" t o car ry out an Agreement for t he sale of land on par t of which the Rai lway of t he Company is constructed and other proper ty and to vest such land and o ther proper ty in t he

purchaser . [10th September, 1880.]

trading in Sydney and Bowenfels under the name and style of the WH E R E A S by the " Bowenfels Coal-mining and Copper-smelting Company's Railway A c t " after reciting that certain persons

"Bowenfels Coal-mining and Copper-smelting Company" had opened coal-mines on a parcel of land situated at Lithgow Valley in the county of Cook in the Colony of New South Wales and that the said Company were desirous of constructing a railway from their said coal-mines to the Great Western Railway but as part of such proposed railway was intended to be made upon and pass through lands in the said county the property of Andrew Brown of Cooerwull Esquire across Farmer's Creek and over and along reserved roads over which said lands and roads the said railway could not be made and continued without Legislative authority I t was enacted that it should be lawful for the said Company to make and construct a railway or tramway or part tramway or part railway from the Great Western Railway to a point about one chain north of the south-east corner of the one hundred acres mineral conditional purchase selected by Poole Woolley and Anderson such railway to be in the line described in the Schedule annexed to the said Act (being the site described in the First Schedule hereto) but so that the same should not occupy in any part thereof a greater breadth than sixty-six feet including foundations abutments and supports And it was by the said Act further enacted that the ground and soil of so much of the site of the railway as passed over the lands of the said Andrew Brown and over Crown land together with such right of ingress egress and regress as might be necessary for the making repair and working thereof should be vested by virtue of the said Act and without the necessity of any conveyance in the said Company for the purpose of the said railway or tramway And in the said Act was contained a proviso for the reverter in certain con­ tingencies of the said lands to the said Andrew Brown his heirs and assigns and the cesser of the rights and powers by the said Act conferred on the said promoters a reservation of the minerals under any

any land whereof the surface was rested in the said Company by the said Act and a right to the said Andrew Brown his heirs and assigns for certain limited purposes to enter upon the land so vested in the Company And whereas by an indenture made tlie first day of November one thousand eight hundred and seventy-three between the several persons whose names and seals were or should be from time to time thereunto subscribed and affixed by themselves their agents or attorneys duly authorized in that behalf Alter reciting that the several persons parties thereto had agreed to establish a Joint Stock Company to be called the ' 'Bowenfels Coal-mining and Copper- smelting Company (Limited) " for the purposes therein mentioned it was by the said indenture witnessed that in pursuance of the said agreement each of them the several persons parties thereto for himself and herself and for his and her heirs executors and administrators did and each of them did covenant agree and declare with and to the others and each and every of the others of them their and each and every of their heirs executors administrators and assigns that the several parties to those presents should and would whilst holding shares in the capital of the said Company become and continue a Joint Stock Company under the name and title of the " Bowenfels Coal­ mining and Copper-smelting Company (Limited) " under and subject to the provisoes and agreements therein contained And in the said indenture were contained (utter alia) provisions for the appointment and retirement of directors for the calling and holding of general and special general meetings of the shareholders and for making additional rules and regulations and for altering or repealing all or any of the provisions in the said indenture contained And whereas the said Company was and is duly registered under the provisions of an Act passed in the twenty-fourth year of the reign of her present Majesty intituled "An Act to limit the liability of Mining Partnerships" And whereas the Company duly constructed the said railway in accordance with the provisions of the Bowenfels Coal-mining and Copper-smelting Company's Railway Act And whereas Sir James Martin and the Honorable John Lucas are registered proprietors under the provisions of the Real Property Act of the lands described in the Second Schedule hereto which form portion of the lands described in the First Schedule hereto and they hold such land in trust for the said Company And whereas the lands con­ ditionally purchased from the Crown described in the Third Schedule are now vested in the said Sir James Martin and John Lucas upon similar trusts And whereas by an agreement dated the thirty-first

day of January one thousand eight hundred and eighty-four the
Company (being thereunto authorized by resolution of the share­
holders in general meeting) contracted with Edward Combes on behalf of the Lithgow Valley Colliery Company (Limited) for the sale to him of the lands described in the said First and Third Schedules together with the material of the said railway line and certain other rails and sleepers and waggons and other plant for the sum of six thousand pounds (of which the said Edward Combes has already paid to the Com­ pany the sum of three thousand five hundred pounds) And whereas in execution of the said agreement the Company lias some time since let the Lithgow Valley Colliery Company (Limited) into possession of the lands described in the said Schedules and delivered to that Company the said railway rails sleepers waggons and plant and whereas it is expedient in the interests of the Company that the said agreement should be carried into etfect and that the proceeds of such sale should be applied in and for the purposes and objects of the Company but it has been found that by reason of the constitution of the Company it is impracticable without Legislative authority to make a legal title to

such

such portion of the land described in the First Schedule hereto as was by the hereinbefore recited Act expressed to be vested in the said Company or to carry out the said agreement And it is also desirable that Legislative authority should be obtained for the transfer of the lands described in the Second and Third Schedules hereto with the railway and plant so contracted to be sold in pursuance of the said recited contract And whereas the present directors of the Company are Thomas Frederick Thompson Robert Burdett Smith the Honorable John Brown Wat t and Lewis Potter Bain Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and con­ sent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows:—

1. In this Act " the Company" shall mean the "Bowenfcls Coal­ mining and Copper-smelting Company (Limited)."

2. This Act shall be styled and may be cited as the " Bowenfels Coal-mining and Copper-smelting Company (Limited) Railway (Sale and Vesting) Act."

3. On payment by the said Lithgow Valley Colliery Company (Limited) as in the next section mentioned of the unpaid residue of the said sum of six thousand pounds the lands described in the First Schedule to this Act together with the said recited rights of ingress egress and regress and all other rights powers privileges and authorities which by the said recited Act are conferred upon or vested in the said Company in respect of the said railway shall vest for an estate of inheritance in fee-simple in the said Lithgow Valley Colliery Company (Limited) their successors and assigns and the said railway line and materials waggons and other plant so contracted to be sold and which have been so delivered shall also become the absolute property of the said Lithgow Valley Colliery Company (Limited) without any con­ veyance assignment or other assurance but subject as to so much of the said lands as were at the date of the passing of the "Bowenfels Coal-mining and Copper-smelting Company's Bailway A c t " lands of the said Andrew Brown or of the Crown to the said proviso for reverter and cesser to the said reservation of minerals and as to the lands which were at the date aforesaid lands of the said Andrew Brown to the said right of entry in the last-mentioned Act respectively contained.

4. The said unpaid residue of the said sum of six thousand pounds
shall be paid by the said Lithgow Valley Colliery Company (Limited)

their successors or assigns to and received by the said Thomas Frederick

together with the said sum of three thousand pounds be held or applied	Thompson Robert Burdett Smith John Brown Wat t and Lewis Potter Bain or other the directors for the time being of the Company and shall
upon for or towards such one or more of the objects of the Company (as such objects are defined by the rales and regulations for the time being of the Company) in such manner as the shareholders of the Company shall in general meeting by resolution determine such meeting and resolution to be held and passed in accordance with the said rules and regulations for the time being.
5. An acknowledgment under the hands of the directors for the time being of the Company of the payment to them of the said sum of six thousand pounds shall be deemed and taken to be con­ clusive evidence of the payment of the said purchase money and a complete discharge to the said Lithgow Valley Colliery Company (Limited) their successors and assigns for such sum and shall exonerate the said Lithgow Valley Colliery Company (Limited) from all liability to see to the application of the moneys therein mentioned and a statutory declaration by the secretary of the Company shall be con­ clusive evidence of the fact that the persons therein declared to be directors of the Company are the only directors thereof.

6. Notwithstanding anything in this Act contained it shall be lawful for the said Sir -lames Martin and John Lucas to make do and execute all such transfers and other instruments as shall be usual or proper for transferring to and vesting in the said Lithgow Valley Colliery Company (Limited) the lands described in the Second and Third Schedules hereto in accordance with the provisions of any laws or regulations in force in the Colony relating to such transfers.

SCHEDULES.

F I R S T S C H E D U L E .

All tha t piece or parcel of land s i tuate a t L i thgow in t he Colony of New South W a l e s one chain wide Commencing a t a point on t he C r o a t W e s t e r n Rai lway about

e ighty- three miles eleven chains from the P a r r a m a t t a J u n c t i o n curv ing from the main line in a nor th-wester ly direct ion with a curve of eight chains radius to the rai lway fence and hence t h r o u g h the l and of Andrew Brown Esqui re wi th same curve to a distance of eight chains fo r ty - th ree links and thence by a s t ra ight l ine bear ing n o r t h

twenty-n ine degrees for ty minu tes west to P a r m e r ' s Creek be ing a fu r the r dis tance of

live chains one l ink and thence across P a r m e r ' s Creek on to t h e land of t he Company across a reserved road and again across the Company 's land to a reserved road one chain wide and along the said road t e rmina t ing a t a point one chain n o r t h of t h e south-eas t

corner of Poole Wool l ey and Anderson ' s minera l condi t iona l p u r c h a s e

S E C O N D S C H E D U L E .

All t h a t piece or parcel of l and conta in ing by admeasurement 2 acres I83- Colony of New South W a l e s being p a r t of Reverend Colin S tewar t ' s 130-acre g r a n t and par t of land comprised in certificate of t i t le volume 170 folio 2-15 Commencing on the cast boundary of g r an t (142 l inks no r the r ly from the south-east corner and bounded on the south-cas t and east by a line fo rming the south-east and east boundary of t he railway line south th i r ty-one degrees twenty-n ine minu tes west 105T links and a long Governmen t road 88'1 l inks and south twenty-five degrees for ty-eight minutes west 585'9 l inks thence th rough pa r t of Colin S tewar t ' s g r an t bear ing south twenty-five degrees forty-eight minu tes west 905'G links thence by a curved lino G235 links to t h e Governmen t road aforesaid thence across said road souther ly 100 l inks thence souther ly 1 4 1 8 l inks to Fa rmer ' s Creek thence on the south by t h a t creek south-wester ly 101 j l inks then.ee on the south-west by a line no r th twen ty -n ine degrees twelve minu tes west 155 l inks to aforesaid Government road thence across t h a t road no r the r ly 100 l inks thence by a curved l iue with a 850 radius 723A l inks thence by a line bear ing n o r t h twenty-five degrees for ty-eight minutes east 1,635,' l inks to the G o v e r n m e n t road thence

perchos or the reabou ts s i tua ted in the par ish of M a r a n g a r o o county of Cook and

across t h a t road nor th-eas ter ly to t he eastern boundary of the g r a n t and thence on	the
east by t h a t boundary bear ing souther ly 158J- l inks to t he point of commencement .

T H I R D S C H E D U L E .

All t ha t parcel of condit ionally purchased land conta in ing one h u n d r e d acres or

the reabou t s s i tuate in the county of Cook and parish, of Maranga roo originally selected by Poole Wool ley and Ande r son u n d e r the n ine teen th section of the " Crown L a n d s

Al iena t ion A c t of 1801 "	on the second	F e b r u a r y one thousand e ight hundred	and
seventy-one.

An