Capertee Tramway Act (1899 No cta) (NSW)
An Act to authorise John Lang, of Sydney, in the Colony of New South Wales, merchant, his heirs, executors, administrators, and assigns, or any company duly registered for that purpose by agreement with the said John Lang, his executors, administrators, or assigns, to construct and maintain a Tram way from a point near the north-east corner of lease number twenty, in the parish of Grindantherie, county of Cook, to the Mudgee Railway; and to use steam or other motive power upon the said Tramway, and to carry passengers, goods, l ive stock, ore, and other things over the said Tramway, for hire, for the public generally. [29th December, 1899.]
| W H E R E A S | the agr icu l tu ra l and pastoral lands to the west of | the |
M u d g e e line, in t he valleys of the Capertee, Coco, and neigh bour ing s t reams, a re of such value and ex ten t tha t they would be great ly convenienced and rendered of greater value and ut i l i ty and enabled to produce crops tha t , owing to t he difficulty of t ransi t , a re no t a t present p u t in, b u t would be if ra i lway accommodat ion were provided, whi le the extensive minera l deposits k n o w n to exist in t h e m o u n t a i n ranges would be explored and developed : A n d whereas J o h n L a n g , merchan t , is desirous of cons t ruc t ing a t r am way from mine ra l lease n u m b e r twen ty , parish of Grindantherie, coun ty of Cook, to the M u d g e e Ra i lway : A n d whereas it is proposed
| after c o n t a i n e d : A n d whereas i t is expedient t h a t power should be conferred upon the said J o h n L a n g to t ransfer and assign his r ights , powers, author i t ies , obligations, and liabilities unde r this Act to any c o m p a n y duly incorporated for t h a t purpose : Be it therefore enacted b y the Queen ' s Most Excel len t Majesty , by and wi th the advice and | consent |
| to | cons t ruc t | such | t r a m w a y | t h r o u g h | cer tain | lands, s treets , and | roads |
described in the Schedule hereto, b u t t he said t r a m w a y cannot he cons t ruc ted wi thout legislative au thor i ty : And whereas it is expedient to confer upon the said J o h n L a n g au thor i ty to construct ,
| ma in ta in , and use t h e said t r a m w a y subject | to | t he | provisions | herein |
consent of t he Legis la t ive Counci l and Legis la t ive Assembly of N e w
South Wales in P a r l i a m e n t assembled, and by the au tho r i t y of t he same, as follows :—
1. I t shall be lawful for the said J o h n L a n g , his heirs , executors , adminis t ra tors , and assigns, or any company du ly regis tered for t h a t purpose by agreement w i th t h e said J o h n L a n g , h is heirs , executors , adminis t ra tors , or assigns, u p o n t h e t e rms and condit ions and subject to t he provisions hereinaf ter conta ined, to m a k e , construct , control , a n d ma in t a in a t r amway for the car ry ing of minera ls , fuel, goods, live stock, and other t i l ings for hire , also passengers, f rom a point near t h e nor th-eas t corner of mine ra l lease n u m b e r twen ty , pa r i sh of Gindan ther ie , county of Cook, as aforesaid, as also a long t h e l ine of t r amway , by the route , and over, across, a n d a long t h e roads streets, r ivers, water-courses , lands, a n d reserves, bo th pub l i c and pr ivate , described in t h e Schedule here to ; a n d to use so m u c h of t he said roads and streets , and to t ake and use so m u c h of t he lands a n d reserves, both pub l i c a n d pr ivate , as may be necessary for the purposes of such t r a m w a y , but so t ha t the same shal l no t occupy in p a r t thereof
on publ ic or pr ivate lands a grea te r space in b read th t h a n n ine ty -n ine feet, i nc lud ing the suppor t and foundat ions thereof : P rov ided t h a t it shal l be lawful to deviate from the l ine of t r a m w a y described in t he Schedule to th is Act , on e i ther side thereof, a t any pa r t thereof to a distance n o t exceeding one and a half miles, and the said t r a m w a y shal l be const ructed in a proper a n d workman l ike m a n n e r to t he satis fact ion of t h e Engineer- in-Chief for R a i l w a y Cons t ruc t ion and the
Railway Commissioners .
2. The gauge of t he said t r a m w a y shal l be a t t he opt ion of t h e
said J o h n L a n g , his heirs, executors , adminis t ra tors , or assigns from two feet to four feet e ight and a half inches , and where i t t raverses pub l i c thoroughfares shall he laid and main ta ined a t about t he general level of such thoroughfares and so t ha t t h e rails shal l no t project above the surface thereof; and the said J o h n L a n g , his heirs, executors ,
adminis t ra tors , or assigns shall ma in t a in in perfect order and repair t he said t r amway , and the bal las t ing of the same between the rails of t h e said t r a m w a y , and for t he space of one foot six inches on each side of t h e said rails, and fur thermore shal l cons t ruct and ma in t a in all
necessary br idges and causeways in connect ion wi th t he said t r a m w a y : Provided t h a t such repairs , const ruct ion, and m a i n t e n a n c e shall be carr ied out to t h e satisfaction of the Ra i lway Commissioners , who m a y at a n y t i m e call upon the said owner to provide such addi t ional works as may , in t he opinion of t he Ra i lway Commissioners , be necessary for t h e proper and safe work ing of t he b r anch l ine, and should t he said owner fail to carry ou t suck. works the Governor, w i th t h e advice of t h e E x e c u t ive Council , m a y declare t h e l ine to be closed, u n t i l such t i m e as t h e works specified have been carried out , and if t h e l ine should be worked
du r ing
dur ing such closure, t h e said J o h n L a n g , his heirs, executors , adminis t ra tors , or assigns shall be subject to a pena l ty not exceeding one hundred pounds per day for each and every day t h e l ine is so worked.
3. The said J o h n L a n g , his heirs , executors , adminis t ra tors , or
assigns shall cons t ruc t and a t all t imes ma in t a in t he following works for t he safety of t he publ ic and the accommodat ion of the owners and occupiers of lands adjoining the said t r amway , t ha t is to s a y : —
Such and so m a n y convenient gates, bridges, arches, culverts , and passages over, under , or by the side of, or leading to or from t h e said t r a m w a y , as shall he necessary for the purpose of m a k i n g good any in te r rup t ions caused by the said t r a m w a y to t h e use of t he lands t h r o u g h which the said t r amw ay shall be made ; and such works shall be made for thwith after the pa r t of t h e said t r amway 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, mounds , or o ther fences for separa t ing t h e l and t a k e n for the use of the said t r a m w a y from the adjoining lands not taken, and pro tec t ing such lands from trespass, or t he horses or cat t le of the owners or occupiers thereof from s t ray ing the reou t by reason of t he said t r amway , toge ther wi th all necessary gates made to open towards such adjoining lands and not towards t he said t r am way ; and all necessary stiles, and such posts, rails, and o ther fences shall be made forthwith a l t e r t he t a k i n g of any such lands , if t he owners thereof shall so require , and the said other works as soon as convenient ly may be .
Also all necessary arches, t unne l s , culverts , drains , or o the r passages ei ther over or under , or by t he sides of the said t r amway , of such dimensions as will be sufficient at all t imes to convey the wa te r as clearly from the lands ly ing near or affected by the said t r amway as before t h e m a k i n g of the said t r amway , or as near ly so as m a y be, and such works shall be made from t ime to t ime as t he said t r a m w a y works proceed :
Provided always tha t the said J o h n L a n g , his heirs, executors ,
| adminis t ra tors , or assigns shall not be required to m a k e such | accom |
modat ion works in such a m a n n e r as would preven t or obs t ruc t t he work ing or us ing of t he said t r amway , nor to m a k e any accommoda tion works wi th respect to which the owners a n d occupiers have agreed to receive and shall have been paid compensat ion insteadof m a k i n g them.
4. If any person omit to shut and fasten a n y gate set up a t e i ther side of t he t r a m w a y for the accommodat ion of the owners or occupiers of the adjoining lands, so soon as he and the carriages, cat t le , or other animals unde r his care have passed t h r o u g h the same, he shall forfeit for every such offence any s u m not exceeding ten pounds .
5. The said J o h n L a n g , his heirs , executors , admin is t ra to rs , and assigns, and all o ther persons duly authorised, shall have all necessary r igh t s over the roads, s t reets , and lands described in t h e Schedule to th is A c t as are required for the const ruct ion, repair , complet ion, a n d use of t h e said t r amway , and for the erect ion, ma in t enance , and repair , and all necessary sidings and bui ldings in connect ion the rewi th : Provided t h a t the re shal l be no interference wi th ordinary traffic beyond w h a t is reasonable and necessary for such purpose .
6. I t shall be lawful for the said J o h n Lang, his heirs , execu tors , adminis t ra tors , and assigns, h is agen ts , or servants , to car ry passengers , goods, live stock, minerals , mater ia l , and o ther th ings over and a long the said t r a m w a y for hire for t h e publ ic . The m a x i m u m tolls, ra tes , fares, and charges to be fixed by any by-laws m a d e hereafter shall not exceed the following, t h a t is to say—
(1) F o r passengers, a sum not exceeding twopence each per mile . (2) F o r goods and merchandise a sum not exceeding fivepence
per ton per mile , w i th such m i n i m u m ra te for parcels as m a y be fixed by the by- laws : Provided postal mai l -bags shall be carried on the same condi t ions as provided by the Gove rnmen t rai lways.
(3) F o r live stock a s u m not exceeding sixpence per head per mile for horses or horned cat t le , and for sheep a s u m no t exceeding one penny per head per mile , wi th a m i n i m u m charge of fifteen shil l ings in ei ther case.
(4) F o r ores, kerosene shale, and o ther minera l s not exceeding th reepence pe r ton per mile per t r uck load.
7. T h e t r a m w a y shall be for t he use of t he publ ic and for t he conveyance for h i re of passengers , goods, minera ls , a n d live stock : Provided t h a t all tolls be a t all t imes charged equal ly to all persons, and after t he same ra te , w h e t h e r per ton, per mile, or otherwise, in respect of all passengers and of all goods, minera ls , l ive stock, or carr iages of the same descript ion, and conveyed or propelled by a l ike
carr iage or engine pass ing only over t he same port ion of l ine of t r a m
way u n d e r t he same c i rcumstances ; and no reduct ion or advance in any
such tolls shall be made , directly or indirect ly , in favour of or aga ins t any par t i cu la r company or person t ravel l ing upon or us ing the t r a m w a y .8. I t shall be lawful for the said J o h n L a n g , his heirs , executors ,
adminis t ra tors , and assigns, to use and employ s team or o ther mot ive power, and carriages, waggons , or t rucks to be d r a w n the reby u p o n the said t r a m w a y : Provided tha t all ro l l ing stock before and d u r i n g use shal l be subject to t h e approval of t he Ra i lway Commissioners : Provided fu r the r t h a t if any ro l l ing stock be used wi thou t such approval , t he said J o h n L a n g , his heirs , executors , adminis t ra tors , or assigns shall be subject to a pena l ty not exceeding one hund red pounds .
9. I t shall he lawful for the said John Lang, his heirs, executors, administrators, and assigns, and his and their workmen and servants to enter upon the Railway Commissioners' property at a point on the Mudgee line, and run a line parallel with the existing line for any neces sary distance the point of entry, parallel line, the plans and work to he approved by the Railway Commissioners, and such payment to he made for the use of any land or station as may, in the opinion of the Railway Commissioners, he deemed reasonable. All works necessary in connection with the junction of railway line to be done by the Railway Commissioners at the expense of the said John Lang.
10. In case of accidents or slips happening or being apprehended to the cuttings, embankments, or other works of the said tramway, it shall be lawful for the said John Lang, his heirs, executors, adminis trators, and assigns, and his or their workmen and servants, to enter upon the lands adjoining thereto at any time whatsoever for the pur pose of repairing or preventing such accidents, and to do such works as may be necessary for the purpose ; but in every such case the said John Lang, his heirs, executors, administrators, or assigns shall, within fourteen days after such entry, make a report to the Railway Commis sioners, specifying the nature of such accident or apprehended accident and of the works necessary to be done, and such powers shall cease and determine if the said Railway Commissioners shall, after considering the said report, certify that their exercise is not necessary for the public safety: Provided also that such works shall be as little injurious to the said adjoining lands as the nature of the accident or appre hended accident will admit of, and shall be executed with all possible despatch, and full compensation shall be made to the owners and occupiers of such lands for the loss or injury or inconvenience sustained by them respectively by reason of such works, the amount of which compensation, in case of any dispute about the same, shall be settled by arbitrators in the manner hereinafter mentioned.
11. The said John Lang, his heirs, executors, administrators,
| minerals under any land whereof the surface only is vested in him or | and assigns shall not be entitled to any mines of coal, slate, or other | |
| them by virtue of this Act, except only such parts thereof as shall be necessary to be dug or carried away in the construction of the works hereby authorised, and such mines shall not be deemed to vest in the said John Lang, his heirs, executors, administrators, and assigns. | ||
| 12. I t shall be lawful for the Minister for Lands, with the consent of the Governor, with the advice of the Executive Council, to grant to the said John Lang, his heirs, administrators, or assigns, a lease of such Crown lands as may be necessary for the purposes of this Act at an annual rental of ten pounds per year ; and such lease as aforesaid shall operate and take effect merely as a license to the said John Lang to con struct and maintain the works hereby contemplated, and shall terminate | ||
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13. Before proceeding w i t h t h e const ruct ion of t h e said t r am way extension or any section thereof, the said J o h n L a n g , his heirs, executors , adminis t ra tors , or assigns shall give not ice of t h e lands t aken or requi red for t he said t r amw ay in m a n n e r hereinafter provided. Every such not ice shall s ta te the par t icu lars of the lands so t aken or required as aforesaid. Tha t t he said J o h n Lang , his heirs, executors , adminis t ra tors , or assigns is or a re wi l l ing to t r ea t as to t h e compen sat ion to he made to all par t ies for the lands taken or to he t aken , and t h e damage sustained or to he sus ta ined by t h e m by the exercise of t h e powers conferred by the Act , and shall demand in t he said not ice from such par t ies , and the said par t ies are hereby required to deliver forthwith to the said J o h n L a n g , a t t he cost of t he said J o h n L a n g , his heirs , executors , adminis t ra tors , or assigns, the par t icu la rs of the i r es ta te and interest in such lands , and of the claims made by t h e m in respect hereof, and such other par t icu lars in such form as may be prescribed toge ther with an abs t rac t of the i r t i t le to such land, and if t hey c la im in respect of damage the n a t u r e of the damage which t hey have sustained or will susta in by reason of t he t ak ing of such lands.
14. Subjec t to t he provisions hereinaf ter contained as to com pensat ion to absent owners, all notices requi red to be served by the said J o h n L a n g , his heirs, executors , adminis t ra tors , a n d assigns upon the par t ies interested in or ent i t led to sell any such lands shall ei ther be served personal ly upon such part ies or left a t their last usua l place of abode (if any such can after dil igent i nqu i ry be found) , and in case any such part ies shal l he absent from t h e Colony, or cannot be found after inqu i ry , shal l he left wi th t he occupier of such lands, or if there be no such occupier shall be affixed upon some conspicuous par t of such l a n d s ; and a copy of such not ice shall be publ ished by and a t the expense of t h e said J o h n L a n g once a week for four consecut ive weeks in a Sydney newspaper , and similarly in t h e Governmen t Gazet te , and shall also be posted and kep t posted at t he post office nearest to t he land to which such notice refers for a period of one m o n t h .
15. If w i th in s ixty days of the commencemen t of this A c t t he
said persons other t h a n the Ra i lway Commissioners t h r o u g h whose land the t r a m w a y shall pass, or any of t hem, and the said J o h n L a n g , his heirs, executors , adminis t ra tors , or assigns shall no t agree as to t he a m o u n t of compensat ion to be paid by h im or t h e m for t he said lands belonging to the said part ies, or any of t h e m , or for any damage t h a t m a y be sustained by t h e m or h im, by reason of t he execut ion of t he works , or if any other quest ion as to compensat ion shall arise unde r th i s Act , t he a m o u n t of such compensat ion shall be set t led by arbi t ra
tors in m a n n e r here inaf ter men t ioned ( tha t is to say) , unless bo th
par t ies concur in the a p p o i n t m e n t of a single arbi t ra tor , each
p a r t y on the reques t of t h e other shall n o m i n a t e and appoin t an
a rb i t ra to r to w h o m such dispute or o ther m a t t e r shal l be referred ;
and
| and | any | appo in tmen t | of | a n | a rb i t ra tor | shall be unde r t he h a n d | a n d |
| seal of such person or persons respectively ; and such | a p p o i n t m e n t | ||
| shall be delivered to t he a rb 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 |
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shall be m a d e ; and after any such a p p o i n t m e n t shall have been made , ne i ther pa r ty shall have power to revoke t h e same w i t h o u t t he consent of t h e other, nor shall t he dea th of e i ther par ty opera te as a revocat ion; and if for the space of four teen days after such dispute or o ther m a t t e r shal l have arisen, and after a reques t in wr i t ing shal l have been served by t h e one p a r t y or the o ther pa r ty to appoint an arb i t ra tor , such last- ment ioned pa r ty shall fail to appoint such arbi t ra tor , t hen upon such failure it shall be lawful for the At to rney-Genera l for t h e t ime be ing of the said Colony, on t he appl icat ion of the pa r ty who has himself appointed an arbi t ra tor , to appoint such arbi t ra tor to act on behalf of both part ies, and such arbi t ra tor may proceed to hear and de termine t he ma t t e r s which shall be in dispute, and in such case the award or de te rmina t ion of such single a rb i t ra to r shall be final and conclusive : Provided t h a t the said J o h n L a n g shall compensa te owners for all lands t aken at such price as m a y be agreed upon or awarded by the arb i t ra tors , toge ther wi th in teres t at t he ra te of six pounds per c e n t u m per a n n u m from date of resumpt ion .
16. If before t he m a t t e r so referred shall be determined any
| a rb i t ra to r appointed by e i ther pa r ty shall die, or | become incapable , or |
| refuse, or for four teen days neglec t | to ac t | as arbi t ra tor , t he p a r t y 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 act in his place, and if for the space of seven days after not ice in wr i t ing from the other pa r ty for tha t purpose he fail to do so, the r ema in ing or other arbi t ra tor may proceed a l o n e ; and every arbi t ra tor so to be subs t i tu ted as aforesaid shall have t he same powers and author i t ies as were vested in t he former a rb i t ra tor at the t ime of such his death , refusal, neglect, or disability as aforesaid.
17. W h e r e more t h a n one arb i t ra tor shall have been appointed,
| such arb i t ra tors shall, before they enter upon the m a t t e r s referred to |
them, nomina te and appoint in wri t ing under thei r hands an umpire , to decide any mat te r s on which they shall differ, or which shall be referred to t h e m under t he provisions of this Act , and if such umpire shall die, or refuse, or for seven days neglect to act after be ing called upon so to do by the arb i t ra tors or e i ther of t h e m , they shall for thwi th after such death , refusal, or neglect appoin t ano the r umpi re in his place, a n d the decision of every such u m p i r e u p o n the ma t t e r s so
| referred to h i m shal l be | final. |
18. If in c i ther of t h e cases aforesaid t h e arb i t ra tors shall
refuse, or for seven days after reques t of e i ther p a r t y to such arbi t ra tors neglec t to appoin t an umpi re , it shall be lawful for the At to rney- Genera l for t h e t ime being, on t he application of e i ther p a r t y to such
arb i t ra t ion
arbi t ra t ion to appoin t an umpi re , and the decision of such u m p i r e on the ma t t e r s on which t h e arbi t ra tors differ or which shall be referred to h im unde r th i s A c t shal l be final.
19. If, w h e n a single a rb i t ra to r shall have been appointed , such
a rb i t r a to r shall die or become incapable , or shal l refuse, or for fourteen days neglec t to ac t before he shal l have made his award , t h e m a t t e r s referred to h im shall be de termined by arb i t ra t ion unde r t he provisions of th is Ac t , in t h e same m a n n e r as if such a rb i t ra tor had not been appointed .
20. If, when more t h a n one a rb i t ra tor shal l have been appointed ,
and when ne i ther of t h e m shall die, become incapable , refuse, or neglect to ac t as aforesaid, such arbi t ra tors shall fail to m a k e the i r award w i t h i n four teen days after the day on which t h e last of such a rb i t ra to r s shal l have been appointed , or wi th in such ex tended t e r m (if any) as shal l have been appointed for t h a t purpose by bo th of such arbi t ra tors , u n d e r thei r hands , the m a t t e r s referred to t h e m shall be de te rmined by the umpi re to be appointed as aforesaid.
2 1 . The said a rb i t ra tor or a rb i t ra tors , or bis or t he i r ump i r e ,
m a y call for t he product ion of any documents in t h e possession or power of e i ther par ty , wh ich they or he m a y t h i n k necessary for de te rmin ing
the quest ion in d ispute , a n d m a y examine the part ies or thei r witnesses on oath , a n d adminis te r t h e oaths necessary for t h a t purpose .
22. Before any a rb i t ra tor or u m p i r e shal l en te r upon t h e con
siderat ion of any m a t t e r referred to h im he shal l , in t h e presence of a jus t ice of the peace, m a k e and subscribe t he following declarat ion, t h a t is to say ,—
I , A .B . , do solemnly and sincerely declare t h a t I will faithfully and honest ly and to t he best of m y skill and abil i ty hear a n d de te rmine t he m a t t e r s referred to me u n d e r t h e provisions of
t h e Caper tee Tramway Act .
Made and subscribed in t h e presence of C. D .
A n d such declarat ion shall be a n n e x e d to t h e award w h e n m a d e ; a n d
if any a rb i t ra to r or u m p i r e hav ing m a d e such declarat ion shal l wilfully
act con t r a ry t h e r e t o he shal l be gui l ty of a misdemeanour .
23. F o r t h e purpose of ascer ta in ing t h e a m o u n t of compensa t ion
to be paid by the said J o h n L a n g , his heirs , executors , adminis t ra tors , or assigns regard shal l in every case be had by the arb i t ra tors or the i r u m p i r e (as the case m a y be) , not only to t he va lue of t he land to be t aken b u t also to t h e d a m a g e (if any) to be sustained by the owner of t he lands by reason of t he severing of t h e lands taken from other lands of such owner, or otherwise injur iously affecting such o ther lands by the exercise of any of t he powers unde r th i s A c t by the said J o h n
L a n g ,
L a n g , his heirs, executors , adminis t ra tors , or assigns, and they shal l assess t he same according to wha t they shall find to have been the value of such lands , estate , or in teres t a t the t ime notice was given of such lands be ing required or hav ing been t aken : Provided always t ha t in ascer ta in ing the amoun t of such compensat ion, t he a rb i t ra tors or the i r umpire shall t ake into considerat ion by way of set off or abate m e n t any en la rgement in the value of any land belonging to such owner, and so severed as aforesaid by the const ruct ion of the rai lway extension or any section thereof.
24. The a m o u n t of the costs of any such a rb i t ra t ion and incident
there to shall be in the discretion of the arbi t ra tors , and the costs of the a rb i t ra tors shall be borne by the par t ies in equal proport ions, unless
| the a m o u n t awarded shall be one-four th or more less t han the | a m o u n t |
which shall have been offered by t h e said J o h n L a n g , his heirs, execu tors, adminis t ra tors , or assigns, in which case t he whole costs of the arb i t ra t ion , and also t he costs of and incident to t he said arbi t ra t ion,
| shall | be paid by the c l a i m a n t : | Provided t h a t if ei ther par ty shall be |
dissatisfied wi th the costs allowed by the said a rb i t ra tors as aforesaid, t he costs may be t axed by the Pro thonota ry , or other proper officer of the Supreme Court , and the amoun t allowed by such officer shal l be the a m o u n t of costs to be paid.
25. The arbi t ra tor , a rb i t ra tors , or umpi re shall deliver the i r or
his award in wr i t ing to the said J o h n Lang , his heirs, executors, adminis t ra tors , or assigns, who shall re ta in the same, and shall forth wi th , on demand, a t his or the i r own expense, furnish a copy thereof to the o ther par ty , and shall at all t imes, on demand, produce the said award, and allow the same to be inspected or examined by such par ty or any person appointed by him for tha t purpose, and the a m o u n t awarded shall be paid wi th in s ixty days after t he publ icat ion of the award .
26. The submission to any such arb i t ra t ion may be made a rule
of the Supreme Cour t on the applicat ion of e i ther of t he part ies .
27. No award made with respect to any quest ion referred to
a rb i t ra t ion under the provisions of this A c t shall be set aside for
| i r regular i ty or error in ma t t e r of | form. |
28. The said J o h n L a n g , his heirs, executors , adminis t ra tors ,
or assigns shall m a k e compensa t ion and satisfaction, to be ascertained and recovered in case of difference in t he m a n n e r hereby provided, for t emporary , pe rmanen t , or recur r ing injury, and all o ther damage, loss, costs, charges , and inconvenience which may in anywise be occasioned to t he owners and occupiers of the lands t h r o u g h which the said t r a m w a y shall pass by the non-performance or negl igent performance by the said J o h n L a n g , his heirs , executors , adminis t ra tors , or assigns of any of t he mat te r s or th ings hereby required or author ised to be
| performed | by t h e m . | 29. |
29. I n every case whe re t he said J o h n L a n g , his heirs , executors , adminis t ra tors , or assigns shall t ake t empora ry possession of lands by v i r tue of the powers hereby granted , it shal l be i n c u m b e n t on h i m or them, wi th in three m o n t h s after en t ry upon such land, upon being requi red so to do, to pay to t he occupier of said lands t he value of any crop or dressing t ha t m a y be thereon , and damaged or in ju red by such en t ry , as well as full compensat ion for any o ther damage of a t emporary n a t u r e which he m a y susta in by reason of such en t ry , and shall also from t ime to t ime dur ing their occupat ion of the said lands pay half-yearly to such occupier, or to t h e owner of t h e lands, as the case may require , a rent to be fixed by two jus t ices in case t he par t ies differ ; and shall also, w i th in two m o n t h s after such ent ry , pay to such owners and occupiers, or deposit in a b a n k for the benefit of all par t ies in teres ted, as t h e case may require , compensa t ion for all p e r m a n e n t or o the r loss, damage , or in jury t h a t m a y have been sustained by t h e m by reason of t he exercise as regards the said lands of t h e powers he reby granted , inc lud ing t h e full value of all clay, s tone, gravel , sand, and other th ings t aken from such lands .
30. If the owner of any lands required to be t aken for the con s t ruc t ion of t he said t r amway is absent from the Colony, or c anno t u p o n inqu i ry be found, or is unde r disabil i ty, or if any such lands are vested in persons w ho have respect ively only l imited or qualified interests there in , and who cannot en te r into b ind ing agreements w i th
t h e said J o h n Lang , his heirs , executors , adminis t ra tors , and assigns,
for t h e purchase of such lands, or jo in in submi t t i ng the i r claims for compensat ion to a rb i t ra t ion as hereinbefore provided, the purchase money or compensa t ion payable by t h e said J o h n L a n g , his heirs, executors , adminis t ra tors , or assigns, in respect of such lands, shall be de te rmined by the va luat ion of a surveyor, to be nomina ted as herein
after ment ioned.
3 1 . U p o n appl icat ion by the said J o h n L a n g , his heirs , execu
tors, adminis t ra tors , or assigns to two just ices , and upon such evidence as m a y be satisfactory to t h e m t h a t there is no person in t he Colony or to be found who can enter into a b ind ing contac t wi th t he said J o h n L a n g , his heirs , executors , adminis t ra tors , and assigns, or join
w i th t he said J o h n L a n g , his heirs, executors , adminis t ra tors , or assigns, in s u b m i t t i n g his claims for compensat ion to arbi t ra t ion in respect of a n y lands requi red to be t aken for the const ruct ion of t he said t r a m w a y , a n d tha t t h e provisions as to services of notices have been complied wi th , such jus t ices shal l by wr i t i ng unde r thei r hands nomina te a l icensed surveyor for de te rmin ing such compensa t ion as aforesaid, and such surveyor shall de te rmine t he same accordingly, and shal l a n n e x to his valuat ion a declarat ion in wr i t ing subscribed by h i m of the correctness
thereof.
32. Before such surveyor shall enter upon the d u t y of m a k i n g
such valuat ion as aforesaid, he shall , in t he presence of such jus t ices or one of them, m a k e and subscribe t he following declaration a t t h e foot of such nomina t ion , t ha t is to say—
I , A.B. , do solemnly and sincerely declare t h a t I will fai thfully, impar t ia l ly , and honest ly, according to the best of my skill and abil i ty, execu te t he d u t y of m a k i n g the valuat ion hereby referred to me .
Made and subscribed in the presence of
A . B .
A n d if any such surveyor shall cor rupt ly m a k e such declarat ion, or hav ing made such declaration shall wilfully act cont rary there to , he
| shal l be gu i l ty of a | misdemeanour . |
33 . The said nomina t ion and declarat ion shall be annexed to t he va luat ion to be made by such surveyor , and shall be preserved toge ther therewi th by t h e said J o h n L a n g , his heirs , executors , adminis t ra tors , or a s s igns ; and t h e y shall at all t imes produce t he said va lua t ion and documen t s on demand to all part ies interested in t he lands com prised in such valuat ion.
34. Al l t he expenses of and incident to any such valuat ion shall
| be borne by the said J o h n | Lang , his heirs, executors , adminis t ra tors , |
| or assigns. |
35 . If t he a m o u n t of compensat ion de te rmined by any such
surveyor does not exceed the s u m of fifty pounds, i t shall, except in the cases whe re t h e owner is absent from the Colony, or cannot be found, be paid by the said J o h n L a n g , his heirs, executors , adminis t ra tors , a n d assigns to t h e person or persons for t h e t ime being ent i t led to t h e ren t s and profits of lands in respect whereof the same shal l be payab le for the i r own use and benefit, or in t h e case of t he cover ture , infancy, idiotey, lunacy , or other incapaci ty of any such persons, t h e n such money shall be paid for the i r use to the i r respect ive husbands ,
| guard ians , commit tees , or t rus tees of such persons. |
36. I f t he a m o u n t of compensat ion de te rmined by any such
surveyor as aforesaid exceeds the sum of fifty pounds , or in t h e cases where t h e owner is absent from the Colony, or canno t be found, whe the r it exceeds the sum of fifty pounds or not , it shall be paid by the said J o h n Lang , his heirs, executors , adminis t ra tors , or assigns into the h a n d s of t h e Mas te r in E q u i t y of the Supreme Cour t in the m a t t e r of th is Act , in t r u s t for t he part ies interested in the lands in respect of which i t is paid in ; and a certificate from t h e Mas te r of the fact of the money be ing so paid in shall be a sufficient d ischarge to t he said J o h n Lang , his heirs, executors , adminis t ra tors , and assigns, for
| t h e money so p a i d : | Provided t h a t all moneys so paid in shall be deal t |
wi th
wi th by t h e Sup reme Cour t in t h e same m a n n e r in al l respects as moneys paid in u n d e r an A c t passed in t he twenty-f i rs t year of H e r
present Majesty , and in t i tu led "An Act for better securing Trust Funds and for the relief of Trustees.'' A n d shall be subject , in all respects , to t h e provisions of t he said Act , and all rules of the said
Cour t m a d e the reunde r . 37. If in any case in which, according to the provisions of this Act , the said J o h n L a n g , his heirs, executors , adminis t ra tors , and assigns is author ised to enter upon and t ake possession of any lands requi red for t h e purposes of t he said t r a m w a y , t he owner or occupier of any such lands, or a n y o ther person shal l refuse to give u p possession thereof, or h inder t h e said J o h n L a n g , his heirs , executors , adminis t ra tors , or assigns from en te r ing upon or t a k i n g possession of t h e same, it shall be lawful for t he said J o h n L a n g , his heirs, executors , adminis t ra tors , and assigns, to issue his or thei r w a r r a n t to the Sheriff to deliver possession of the same to the persons appointed b y t h e said J o h n Lang , his heirs, executors , adminis t ra tors , or assigns in such w a r r a n t to receive the same, and upon receipt of such w a r r a n t t he Sheriff shal l deliver possession of any such lands accordingly , a n d t h e costs acc ru ing by reason of the issuing and execut ion of such w a r r a n t shal l be settled by the Sheriff and shall be paid by the p a r t y so refusing to give possession, and the a m o u n t of such costs shall be deduc ted and re ta ined by the said J o h n L a n g , his heirs, executors , adminis t ra tors , and assigns from the compensat ion, if any , t h e n payable to such person refusing to give possession, or if no such compensat ion shall be payable to such person, or if the same be less t h a n the a m o u n t of such costs, t h e n such costs, or the excess thereof beyond the a m o u n t of such compensat ion, if no t paid on demand , shall be levied by distress, and upon appl icat ion to a n y jus t ice of t he peace
for t h a t purpose he shall issue his w a r r a n t accordingly. 38. A t a n y t ime , after two years from the commencement of
th i s Ac t , t he Governor , wi th t he advice of t h e E x e c u t i v e Council , may ,
if he t h i n k fit, pu rchase such t r amway , upon giving to t he said J o h n
L a n g , his heirs, executors , adminis t ra tors , and assigns, six m o n t h s not ice, in wr i t ing , of his in tent ion to do so. I f t he a m o u n t tendered for the purchase of the proper ty be considered inadequa te by t h e said J o h n Lang , his heirs , executors , adminis t ra tors , and assigns, t he
a m o u n t s shall be ascer tained by assessment in te rms of t he Lands for P u b l i c Purposes Acquis i t ion A c t : Provided t h a t t he cost of r e sump tion shall no t exceed by t en per c e n t u m the or iginal cost of const ruct ion: Provided fur ther tha t on such r e sumpt ion t a k i n g place, t he lands on
which t h e t r a m w a y has been cons t ruc ted shal l be held to have rever ted to t he Crown. 39. I n t he event of t he l ine be ing cons t ruc ted on t h e four feet
e ight and a half inches gauge , t he Rai lway Commissioners shal l have
runn ing
| r u n n i n g | powers over t he t r a m w a y | to enable t h e m to obta in supplies of |
| a n y coal, wood, stone, gravel , clay, or | other mate r ia l t h a t m a y be |
required by the Ra i lway D e p a r t m e n t for its own use. That for such privilege t h e depa r tmen t shall pay the said J o h n Lang, his heirs , executors , adminis t ra tors , or assigns, at the ra te of one half-penny per ton per mile on such mater ia l . T h a t t he weight of engines used by the Ra i lway Commissioners, and the i r speed be not grea te r t h a n t ha t used or approved of by t he said J o h n L a n g , his heirs, executors ,
| adminis t ra tors , | or | assigns. |
40. I t shall be lawful, after t he t r a m w a y has been duly con
| s t ructed , | for | the | said | J o h n | L a n g , | his | heirs , | executors , | admin i s t ra to r s , |
or assigns at any t ime, by any deed or i n s t r u m e n t in. wr i t ing , to ass ign a n d transfer all the r ights , powers , privileges, benefits, and advantages conferred upon h i m or t h e m by th is A c t to any person or persons or to any duly registered company, and upon any such t ransfer or ass ignment be ing signed or executed t h e person or persons or duly registered company in whose favour such t ransfer or assign m e n t is made shall t hen s tand in the place of t h e said J o h n L a n g , his heirs, executors , adminis t ra tors , or assigns, and shall have all the r ights , powers, benefits, privileges, and advantages conferred upon the said J o h n L a n g , his heirs, executors , adminis t ra tors , and assigns by
| this | Ac t . |
4 1 . The hire and charges to be made under this Ac t by t he said
J o h n L a n g , his heirs, executors , adminis t ra tors , or assigns shal l be in such t e rms and amounts , and shall be paid to such persons upon or nea r to t h e t r amway , or in such m a n n e r a n d u n d e r such regula t ions as
| t he said J o h n | L a n g , his heirs, executors , adminis t ra tors , | or | assigns |
shall by not ice appoint .
42. No th ing in this Ac t conta ined shall be deemed to author ise the said J o h n L a n g , his heirs, executors , adminis t ra tors , or assigns to t ake or enter upon any land be longing to t he said Commissioners, or to a l ter or to interfere wi th the M u d g e e Rai lway, or any of t h e
| works thereof, be tween t h e previous consent , unde r seal in every instance, of t he said Commissioners. said ra i lway and t r amway , w i thou t t he | 43 . The said Commissioners shall from t ime to t ime , a t the |
expense of the said J o h n L a n g , his heirs , executors , adminis t ra tors , and assigns, as they may deem necessary, erect such signals and conveniences incident to the junc t ion e i ther upon the i r own lands or on t h e lands of t he said J o h n L a n g , his hei rs , executors , adminis t ra tors , or assigns, and may from t ime to t ime appoint and remove such wa tchmen , swi tchmen, or other persons as may be necessary for t h e p reven t ion of danger to, or interference with, t h e traffic a t or near the junc t ion .
44. The work ing and m a n a g e m e n t of t h e t ra ins a t the junc t ion
| wi th t he Gove rnmen t rai lways, and of such signals and | conveniences |
2 N wherever wherever s i tua te shall he carr ied out unde r a r r a n g e m e n t w i th t h e Ra i lway Commissioners , and under such conditions as t hey m a y approve. Such sums shall he charged to t he said J o h n L a n g , his heirs , executors , adminis t ra tors , or assigns, as in the opinion of t he Ra i lway Commissioners shall he reasonable for such service.
45. The said J o h n Lang , his heirs , executors , adminis t ra tors ,
and assigns shall, from t ime to t ime, when so requi red by t h e Ra i lway Commissioners, m a k e and submi t for the approval of t he said Rai lway Commissioners, a n d subject to t he provisions and restr ict ions in this A c t contained, regula t ions or by-laws for the following purposes, t h a t is to say :—
F o r regu la t ing t he t imes of the arr ival and depa r tu re of t h e waggons and carriages, and the n u m b e r of persons l imited to be carried there in respect ively. F o r r egu la t ing t he loading or unloading of such waggons and carr iages. For p reven t ing the smok ing of tobacco and the commission of any nuisance in or upon such waggons or carr iages, or any of the t r a m way s tat ions, wai t ing-rooms, or premises, and genera l ly for r egu l a t i ng t he t ravel l ing upon, or using, and work ing the said t r amway , and the ma in tenance of good order, and for r egu la t ing the conduct of the t r a m w a y officers and servants , and for providing for t he due m a n a g e m e n t of the said t r amway , and the protect ion thereof, and the waggons and carriages, and o ther p lan t and machinery , and wai t ing-rooms, offices, and premises from trespass and in jury . F o r r egu la t ing and enforcing the paymen t of t he h i re and charges to be made unde r the A c t by t he said J o h n L a n g , his heirs , executors , adminis t ra tors , or assigns, as aforesaid. F o r fixing rates and r egu la t ing t he carr iage of minerals , ore, goods, and live-stock, and o ther t h ings on t h e said t r a m w a y .
A n d for be t te r enforcing the observance of all or any of such regula t ions it shall be lawful for t h e said J o h n L a n g , his heirs,
executors , adminis t ra tors , or assigns, to m a k e by-laws for all or any of t he aforesaid purposes, and from t ime to t ime to repeal
or a l ter such by-laws and m a k e new b y - l a w s : Provided t h a t
such by-laws be not r e p u g n a n t to t he laws of t he Colony or to t he provisions of this A c t : A n d the substance of such by-laws shall be painted on boards, or p r in ted on paper and affixed to boards and places, and main ta ined in a legible s ta te in some con spicuous par t of every stat ion or place of business occupied or used in connect ion wi th t he t r a m w a y , according to t he n a t u r e and subjec t m a t t e r of such by-laws, so t h a t not ice thereof m a y be given to all par t ies affected thereby , and no pena l ty imposed b y any such by- law shal l be recoverable unless t he same shall have been publ ished and k e p t publ ished as aforesaid. A n d such by-laws shall specify penalt ies,
which
which shall in no case exceed the s u m of t en pounds, and all penal ties recoverable t he r eunde r and under this A c t may be proceeded for and recoverable unde r t he provisions of t he Act eleventh and twelfth Victoria, chapter fo r ty - th ree : Provided always that such by-laws m u s t be first approved of by t he Governor , wi th the advice of the Execu t ive Council : Provided always t h a t t he said J o h n L a n g , his heirs, executors , adminis t ra tors , and assigns, his or their employees or servants , shall, when us ing or w h e n upon the premises of t he said railway, be liable and subject to t he ra i lway by-laws.
46. The product ion of a copy of the New South Wales Govern m e n t Gazet te conta in ing such by-laws shall be sufficient evidence of such by-laws in all proceedings unde r the same.
47. The said Commissioners may from t ime to t ime appoin t any person to be inspector, for t he purpose of inspect ing t he t r a m w a y and of m a k i n g any inqui ry wi th respect to the condit ion of the works, or in to the cause of any accident , provided tha t no person so appointed shall exercise any powers of interference in the affairs of the said J o h n L a n g , his heirs, executors , adminis t ra tors , or assigns, and every inspector under this A c t shall , for t he purpose of any inspection or i nqu i ry which he is directed by the Rai lway Commissioners to m a k e or conduct , have the following powers, t h a t is to s a y : —
(1) He may en te r and inspect t he t r amw ay and all the stat ions,
works, bui ldings, offices, stock, p lan t , and machinery
be longing there to . (2)
H e may , by summons under his hand , require the a t t endance of any person who is engaged in the managemen t , service, or employment of the said J o h n Lang , his heirs, executors , adminis t ra tors , or assigns, and w h o m he th inks fit to call before h im and examine for the said purpose, and may requi re answers or r e tu rns to such inquir ies for the said purpose as he t h inks fit to m a k e
(3) H e may requi re and enforce the product ion of all books, papers, and documents of t he said J o h n L a n g which he
considers impor tant for t he said purpose.
Where , in or abou t the t r amway , or any of t he works or build ings connected wi th such t r amway , or any bu i ld ing or place, whe the r open or enclosed, occupied by the said J o h n L a n g , his heirs , executors , adminis t ra tors , or assigns, work ing such t r amway , any of t he following accidents t ake place in the course of working, t h a t is to say :—
(1) A n y accident a t t ended wi th loss of life or personal in jury to
any person whomsoever.(2) A n y collision where one of the t ra ins is a passenger t ra in . (3) A n y passenger t rain, or any par t of a passenger t ra in ,
accidently leaving the rails. (4)
(4) A n y accident of a k ind not comprised in t he foregoing descript ions, h u t which is of such a k ind as to have caused, or to be l ikely to cause, loss of life or personal in jury , a n d wh ich m a y be specified in t h a t behalf by any order to be made from t ime to t ime by the Rai lway Commissioners .
T h e said J o h n L a n g , h is heirs , executors , adminis t ra tors , or assigns, work ing such t r a m w a y s shall send not ice of such accident, and of t h e loss of life or personal in jury (if any) occasioned thereby , to the
Ra i lway Commissioners. Such not ice shall be in such form and shall contain such par t icu lars as t h e Ra i lway Commissioners m a y from t ime to t ime direct, a n d shal l be sent by t he earliest pract icable post after t he acc ident takes place.
The Ra i lway Commissioners m a y from t ime to t i m e by order direct t h a t no t ice of any class of accidents shall be sent to t h e m by te legraph , a n d m a y revoke any such order. While such order is in force not ice of every accident of t he class to which the order relates shal l be sent to t h e Ra i lway Commissioners by te legraph immedia te ly
after t h e accident t akes place. Fa i lu re to comply w i t h t he provisions of th is sect ion shal l render t h e said J o h n Lang , his heirs , executors , adminis t ra tors , or assigns liable for each offence to a pena l ty not
exceeding t w e n t y pounds .
48 . The said J o h n L a n g , his heirs, executors , adminis t ra tors ,
or assigns shal l no t be ent i t led to any of t he r igh t s and privileges conferred upon t h e m by this Act unless t hey shall wi th in six m o n t h s f rom t h e c o m m e n c e m e n t of th i s A c t have lodged t h e s u m of two thousand pounds wi th the Colonial Treasurer , wh ich said s u m shal l be forfeited a n d form pa r t of t he Consolidated R e v e n u e F u n d if t he t r a m w a y be not commenced wi th in t h e period of two years and completed w i th in th ree years from the commencemen t of th is Ac t .
49. Unless t he t r a m w a y hereby authorised shal l be completed
and b rough t in to use wi th in two years from the passing of th is Ac t ,
or wi th in such ex tended t ime as t he Governor and Execu t ive Council
m a y allow, t h e r igh ts and privileges hereby conferred on t h e promoters shal l cease. If the t r amw ay hereby authorised shall cease to be worked as a t r a m w a y by t h e promoters for two years, t h e site and pe rmanen t - way thereof shall , on proclamat ion by the Governor, w i th t he advice of t h e Execu t ive Council , vest in and become the absolute proper ty of t h e Crown, w i t h o u t m a k i n g any al lowance or compensat ion or pay ing any considerat ion in respect thereof to t h e promoters .
50. This A c t m a y for all purposes be cited as t h e " Caper tee
T r a m w a y Ac t . "
THE
T H E S C H E D U L E .
Route No. 1 .—Start ing from or near the 132 mile post on the Wal lerawang and Mudgee Branch Government Railway, and t ak ing an easterly direction through railway reserve 180, parish of Capertee, passing along south boundaries of railway reserves 6423 and rai lway reserve 6424, and south of reserve 1742-35 ; then crossing Genowlan Creek ; then to the nor th of Genowlan Mounta in and passing south of reserve 1638-28 ; then to the Cook's or Coco Creek crossing same a t point, reserve No. 84, passing through nor thern port ion of s a m e ; and then in a south-easterly direction 77, E d w a r d Hughes ' 40 acres and 76 Edward Hughes ' 80 acres ; then in an easterly direction through the Canobla Gap, and easterly through 4,000 acres block of Sir J o h n Jamieson 's ; and te rminat ing in mineral lease 20,640 acres,—being a distance of about 21 miles ; or
Route: No. 2 .—Star t ing from about 127 1/ 2 miles on the Mudgee Branch Govern men t Rai lway, going in an easterly direction through gold-field reserve 62 ; t hen in a south-easterly direction through railway reserve 180, crossing the Watch-house Creek, and then easterly across the Coco Creek ; then in a north-easterly direction through 52 J o h n McLean 's c. 146 ; t hen north-easterly through Nos. 48 and 49 Mur ray Davidson, and in same direction through the Canobla Gap ; and thence as per route as described in Rou te No. 1,—being a distance of about 21 miles ; or
| Route No. 3 .—Star t ing a t Ben Bullen, and going in a south-easterly direction th rough village Reserve 7562 and 211 | reserve 258 ; t hen in same direction through |
mineral lease 123, railway reserve, to Rowan's Gap ; then north-easterly through 41, W a l t e r Rowan, and 40, W a l t e r Rowan ; then through railway reserve ISO, passing between 54 and 55 J o h n McLean and J o n a t h a n McLean respect ively; then easterly across Sapling Fla t Creek ; then north-easterly between 81 and 82, J o h n Nicholson, on the Red Rock Creek ; then through the Canobla Gap ; and thence as per route No. 1 a s above descr ibed,—making a distance of about 24 miles.
The l imits of deviat ion are in each case one and a half miles on each side of
rou te as shown.
2 o
0
0
0