Co-operative Colliery Tramway Act 1897 (NSW)

An Act to authorise the maintenance and use of a t ramway which has been constructed from the Co-operative Mine, situate on the Wen twor th Estate , in the parish of Hexham, county of Northumberland, in the Colony of New South Wales, to the screens above the Co-operative Railway-line, and w h i c h said t ramway crosses various streets and ways in the Borough of P la t t sburg ; and to enable the executors of William George Laidley, or their

assigns, to divert the course of Kenrick-street,

be tween Wentwor th-s t ree t and Fletcher- street, and giving them compulsory powers to acquire lands forming the site of the said

t ramway. [6th December, 1897.]

WHEREAS the Honorable William George Laidley, Member of the the first day of June, one thousand eight hundred and seventy-six, Legislative Council, was the proprietor under a least; dated

made between Sarah Wentworth and Fitzwilliam Wentworth of the one part, and the said William George Laidley of the other part, of a mine called the Co-operative Coal-mine, situate in the parish of Hexham in this Colony, and was also proprietor of a tramway running from the pit's mouth of the said mine to the screens above the Co-operative railway line : And whereas Macquarie-strect, in the borough of Plattsburg, crosses the said tramway by a bridge, and the said tramway crosses Wentworth-street, in the same borough, by a level crossing, and crosses Kenrick-street and Fletcher-street by an embank­ ment : And whereas the said tramway was constructed by the said William George Laidley, in the year one thousand eight hundred and seventy-nine, in pursuance of a resolution passed by the council of the borough of Plattsburg, on the seventeenth day of September, one thousand eight hundred and seventy-nine, in the words and figures following : " That this council give full permission to William Laidley, Esquire, to run a tram road along and across the following streets, on a level crossing, namely, Macquarie, Wentworth, Kenrick, Fletcher, and all other streets and roads on the proposed route; of tramway from the present screens at the old to the new tunnel ; and to use the same for the

the purpose of conveying coal, stone, timber, coke, and all other materia], at the option of the said William Laidley, Esquire, for twenty years, without charge, let, or hindrance ; and the said William Laidley, Esquire, his heirs and executors, to be at liberty at any time to remove and renew all plant, material, and erections connected with the said tramway at any time he or they may think proper so to do : And it is further resolved that this council will at once erect and construct at the expense of the council ail bridges and embankments necessary to carry the street traffic over the tramway ": Whereas it is alleged that the said council had no power or authority to grant such permission, and it is therefore expedient to authorise the maintenance and use of the said t ramway: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis­ lative Council and Legislative Assembly of Now South Wales in Parliament assembled, and by the authority of the same, as follows:—

1. This Act may be called and cited as the " Co-operative Colliery Tramway Act, 1897."

2. The executors of William George Laidley or their assigns shall be deemed to have, from the commencement of this Act, the right to construct, maintain, and use the said tramway for the carriage of coal, coke, stone, timber, and all other materials over, under, or on the level of Macquarie-street, and all other streets or public ways in the route of the said tramway as at present constructed, or as authorised by this Act.

3. Where the said tramway crosses any street or road below or above the level of such street or road, then either such road shall be carried over the tramway or the tramway shall be carried over such road by means of a bridge of the height and width with the ascent and descent by this Act in that behalf hereinafter provided; and any such bridge, with the immediate approaches and all other necessary works connected therewith, shall be executed by, and be at all times thereafter maintained at the expense of, the executors of William

Laidley or their assigns shall be liable in damages for any accident	George Laidley or their assigns ; and the executors of William George
that may happen through want of repair or otherwise of any such bridge or its immediate approaches as aforesaid.

4 . The executors of William George Laidley shall erect and

maintain in good repair a substantial two-railed fence on each side of the tramline from Macquarie-street to the bridge at Spargo's lane, except at the Wentworth and Eletcher-street crossing ; and where the said tramway crosses Wentworth-street on the level, the executors of William George Laidley shall erect and maintain good and sufficient gates across the tramway on each side of the street, and shall employ at their expense a proper person to open and shut such gates, and

such

such gates shal l be k e p t closed across the t ramway, except w h e n	sets
of skips are pass ing a long the t r a m w a y across such street .	A n d a t t he

Fle tcher-s t ree t crossing the executors of Wi l l i am George Laidley

shall erect sui table gates for vehicular traffic.

5. I t shall be lawful for t h e executors of Wi l l i am George

Laidley or the i r assigns, the i r servants , agents , and workmen , to a l ter

or divert t h e course of Kenr ick-s t ree t , be tween W e n t w o r t h and

F l e t che r s treets , in order t h e more convenient ly to carry t h e same by

the side of the said t r a m w a y .

6. I t shall be lawful for t he executors of W i l l i a m George

Laidley or their assigns, the i r servants , agents , and workmen , to t u n n e l unde r t h e roads, streets, or ways in t h e route of t he said t r amway , or any of t hem, for t he purpose of car ry ing the said t r a m w a y across t h e said roads, s t reets , or ways u n d e r g r o u n d : Provided t h a t in so

doing t h e executors of W i l l i a m George Laidley or the i r assigns shal l

not , except temporar i ly for the purpose of cons t ruc t ing such t u n n e l

or t unne l s the reunder , interfere w i th or d is turb t h e surface of t h e said roads, streets, or ways, and shall pe rmanen t ly secure the said surface b y cons t ruc t ing proper supports t h e r e u n d e r ; and the executors of W i l l i a m George Laidley or thei r assigns or the i r managers or agen t s shal l be liable to a penal ty of not less t h a n two pounds per day for every day du r ing which any wilful breach or neglect in car ry ing in to effect any of t he provisions of th is A c t shall cont inue , and t h e

mun ic ipa l council of t he borough of P la t t sbu rg , the i r officers or

agents , m a y recover t he aforesaid penal ty in any court of	compe ten t
jurisdict ion.

7. This A c t shall cha rge and m a k e liable t h e executors of W i l l i a m George Laidley or the i r assigns for a n y accident or damage

t h a t m a y happen on the said streets or roads, in t h e borough of P l a t t s ­

b u r g , over which the t r a m w a y passes, provided tha t t he accident or damage shall be caused by, t h rough , or in consequence of t he said

t r amway , or t h e r u n n i n g of t rucks or wire cables thereon.

8. W h e r e t he t r a m w a y crosses any road or street , on an

e m b a n k m e n t , t he descent made in t he road or street , in order to

carry t he same u n d e r the t ramway, shall not be more t h a n	one
foot in t w e n t y	feet.
9. Eve ry br idge erected for ca r ry ing any road or s t reet over t he t r a m w a y shall be bui l t in conformity wi th t h e	following

regula t ions , t h a t is to say :—There shall be a good and sufficient fence on each side of t h e br idge of not less he igh t t h a n four feet, and on each side of the immedia te approaches of such br idge of not less t h a n th ree feet. The road over t he br idge shall have a clear space be tween

t h e fences thereof of t h i r ty feet. The ascent shall not be more t h a n

one foot in twen ty f e e t :	Provided t h a t	th is A c t	shall no t apply to
any br idge a l ready const ructed	in t h e rou te of	t he said	t r a m w a y .

10. W h e r e t he t r a m w a y traverses any street or road, on a

level, i t shall he laid a t abou t t he general level of such t ho rough ­ fares, and so t h a t the rails or wire cables shal l not project above the surface thereof more t h a n is absolutely necessary in t h e due work ing

of the t r amway .
11. I f t he executors of Wi l l i am George Laidley or thei r assigns

shall he desirous of pu rchas ing any l and or interest in land forming t h e site or pa r t of t he site of t he said t r amw ay as at present con­ s t ructed , it shall he lawful for t he executors of Wi l l i am George Laidley or the i r assigns, as t h e case, m a y he, w i th in t en years f rom t h e commencemen t of th i s Act , to give not ice of t h e land so requ i red to he purchased to all t he par t ies in teres ted in t h e said land, or to such of t h e m as shall he k n o w n to t h e executors of W i l l i a m George

Laidley or thei r assigns.	E v e r y such notice shall state—(a)	t h e
pa r t i cu la r s of t he land so requi red as aforesaid;	(b) t h a t t h e	executors

of Wi l l i am George Laidley or the i r assigns are wi l l ing to t r ea t as to

t h e compensat ion to he m a d e to all par t ies for t h e land required, a n d t h e damage susta ined or to he sustained by t h e m by t h e exercise of t h e powers conferred by the Act ; a n d (c) shall demand in t he said not ice from such part ies , and the said par t ies are herehy requi red to deliver for thwith to the executors of W i l l i a m George Laidley or the i r assigns t h e par t icu la rs of the i r es ta te and in teres t in such l and and of t h e claims made by t h e m in respect thereof, and such other par­ t icu lars in such form as m a y he prescribed, toge the r w i th a n abs t rac t of their t i t le to such land, and if they claim in respect of damage t h e n a t u r e of the damage which t hey have sustained or will sustain by reason of the t ak ing of such land.

12. Al l notices required to be served upon or given by t h e executors of Wi l l i am George Laidley or thei r assigns to t he par t ies in teres ted in or ent i t led to sell any such lands, shal l e i ther be served personally on such part ies or affixed in a conspicuous posit ion upon t h e said land, and a copy of the said not ice shall be publ ished once a week for four consecutive weeks in a P l a t t s b u r g newspaper and

similarly in the Governmen t Gazet te .

13. On the publ ica t ion in t h e Governmen t Gazet te of t h e first of such notices the l and specified in t he said notice shall wi thou t a n y conveyance vest in t he executors of Wi l l i am George Laidley or the i r assigns, as t he case m a y be, for t he purposes of t he t r amw ay for a n es ta te in fee simple, and the estate and interes t of every person ent i t led to such l and or any pa r t thereof shall be t aken from the da te aforesaid to have been converted in to a c laim for compensa t ion in pu r suance of t he provisions hereinafter contained.

14. I f for twen ty -e igh t days after the service of such notice

t h e persons whose l and is requi red to be t a k e n or any of t h e m omi t to

s ta te t h e pa r t i cu la r s of the i r or his c la im in respect of such land , or

fail

fail to agree as to t h e a m o u n t of compensat ion to he paid by the executors of Wi l l i am George Laidley or the i r assigns, for t h e in teres t in t h e said lands of such persons or any of them, or for a n y damage t h a t m a y he sustained by t h e m or h i m by reason of t he execut ion of t he works, or if any other quest ion as to compensat ion shal l arise unde r th i s Ac t , t h e a m o u n t of such compensat ion shal l be set t led by

a rb i t ra tors in m a n n e r hereinaf ter ment ioned, b u t t h e persons or person

c la iming compensation shall no t be a t l iber ty to ins t i tu te any pro­

ceeding for t h e recovery of t he a m o u n t of h is claim u n t i l af ter the expirat ion of fourteen days from the delivery of t he par t iculars required by th is A c t to be furnished by t h e m or h im.

15. W h e n a n y quest ion of disputed compensat ion, or any o the r dispute shall have arisen, then , unless both par t ies shal l concur in t h e appo in tmen t of a single arbi t ra tor , each par ty , on the reques t of t h e o ther pa r ty , shall nomina te and appoin t an arbi t ra tor to w h o m such dispute or other m a t t e r shall be referred; and every appo in tmen t of an a rb i t ra to r shall be executed by such par ty , and such appo in tmen t

shall be delivered to t h e a rb i t ra tor or arb i t ra tors , and shal l 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 t h e same shal l be made ; and after any such appoin tment shal l have been m a d e ne i the r par ty shall have power to revoke t h e same wi thou t t he consent of t he other, nor shall the death of e i ther pa r ty operate as a revoca­ t ion ; and t h e award of such arbi t ra tor or arbi t ra tors or umpi re , if appoin ted as hereinaf ter provided, shall be final.

16. I f after any such dispute or other m a t t e r shall have arisen,

and after a reques t in wr i t ing set t ing for th the m a t t e r to be referred

to arb i t ra t ion shall have been served b y t h e one par ty on the o ther

pa r ty to appoin t a n arbi t ra tor , such las t -mentioned p a r t y fail for a period of four teen days to appoint such arbi t ra tor , t h e n upon such failure it shall be lawful for t h e par ty m a k i n g such reques t , who lias himself appointed an arbi t rator , to appoint such arb i t ra tor to ac t on behalf of bo th part ies, and such arb i t ra tor may proceed to hear and de termine the m a t t e r which shall be in d ispute , and in such case t h e

award or de te rmina t ion of such single arbi t ra tor shall be final and
conclusive.

17. If before the m a t t e r so referred shall be de termined , any a rb i t ra tor appointed by e i ther par ty shall die, or become incapable , or refuse, or for fourteen days neglect to act as arbi t ra tor , t he pa r ty by w h o m such arbi t ra tor was appointed m a y nomina te and appoin t in wr i t ing some o ther person to act in his place, and if for t he space of seven days after not ice in wr i t ing in t h a t behalf from the other pa r ty he fails to do so, t he remain ing or other arb i t ra tor may proceed alone, and every a rb i t ra tor so to be subst i tu ted as aforesaid shall have t he

same powers and author i t ies as were vested in t h e former a rb i t ra tor	a t
t h e t ime of such his dea th , refusal, neglect , or disabili ty as aforesaid.

18. W h e n more t h a n one arbi t ra tor shall h a r e been appointed

such arbi t ra tors shall , before they en te r upon t h e ma t t e r s referred to

t h e m , nomina t e and appoint by wr i t ing unde r the i r hands a n ump i r e to decide any mat te r s on which t hey shall differ or which shal l be referred to t h e m under t he provisions of this Act , and if such u m p i r e shall die or refuse, or for seven days neglect , to act after be ing called upon to do so by t h e arbi t ra tors , they shal l for thwith , after such death, refusal, or neglect , appoin t ano ther ump i r e in his place, and the decision of every such umpire on the ma t t e r s so referred to h i m shall be final.

19. If in e i ther of the cases aforesaid t he arb i t ra tor or a rb i t ra tors

shall refuse or for seven days after request of: e i ther pa r ty to such a rb i t ra t ion neglect to appoin t an umpi re , i t shall be lawful for any j u d g e of t he Supreme Cour t on t he applicat ion of e i ther par ty to such arb i t ra t ion to appoint an umpi re , and the decision of such umpi re on

the ma t t e r s on which the a rb i t ra tors shal l differ, or which shall be

referred to h im under th is Act , shall be final.

20. If where a single arbi t ra tor shall have been appointed, such arb i t ra tor shal l die or become incapable, or shall refuse, or for fourteen days neglect to act before he shall have m a d e his award, t h e m a t t e r s referred to h im shall be determined by arbi t ra t ion under the provisions of th is Ac t in the same m a n n e r as if such arbi t ra tor had not been appoin ted .

21.    I f where more t h a n one a rb i t ra tor shall have been appointed,

and where ne i the r of t h e m shall refuse or neglec t to ac t as aforesaid, such arbi t ra tors shall fail to m a k e their award wi th in twenty-one days after t h e day on which t h e last of such arbi t ra tors shall have been appointed or wi th in such ex tended t ime (if any) as shall have been appointed for t h a t purpose by both of such arb i t ra tors under the i r

hands , the m a t t e r referred to t h e m	shall be de te rmined	by t h e	u m p i r e
to be appointed as aforesaid.

22. The said arbi t ra tors or the i r u m p i r e may call for the pro­

duct ion of any documents in the possession or power of e i ther p a r t y which t hey or he may t h i n k necessary for de te rmin ing t h e quest ion in

dispute , and may examine the par t ies or the i r witnesses on oath , a n d
adminis ter t he oaths necessary for t h a t	purpose .

23. Before any arb i t ra tor or ump i r e shall en ter into the con­ sideration of any m a t t e r s referred to h i m he shall , in t he presence of a jus t ice of t he peace, m a k e and subscribe the following declarat ion, t h a t is to say—

I , A .B . , do solemnly and sincerely declare t h a t I will fai thfully
and honest ly , and to t he best of m y skill and abil i ty, here in

determine t h e m a t t e r s referred to m e under t h e provisions of

t h e Co-operative Colliery T r a m w a y Act , 1897.

Made and subscribed in the presence of A. B . ;

and such declarat ion shall be annexed to t he award w h e n made , and if a n y arbi t ra tor or umpi re h a v i n g made such declarat ion shal l wilfully

ac t con t ra ry there to he shall be gui l ty of a misdemeanour . 24.

24. For the purpose of ascer ta in ing t h e a m o u n t of compensation

to he paid by the executors of Wi l l i am George Laidley or the i r assigns. regard shall in every case be had by t h e arbi t ra tors or thei r u m p i r e (as t h e case may be) no t only to t he value of t he land t aken , b u t also to t he damage (if any) to be sustained by the owner of t he lands by reason of t he sever ing of t he lands t aken from other lands of such owner, or otherwise injur iously affecting such o ther lands by the exercise of a n y of t h e powers u n d e r th is Ac t b y t he executors of Wi l l i am George Laidley or the i r assigns, and they shall assess accordingly.

25. A l l costs of any such arb i t ra t ion and incident there to to be set t led by t h e a rb i t ra tors shall be borne by the executors of Wi l l i am George Laidley or the i r assigns, unless the arbi t ra tors shal l award the same s u m as or a less s u m t h a n shall have been offered by the executors of W i l l i a m George Laidley or thei r assigns, in which case each pa r ty shall bear his own costs inc ident to t he arbi t ra t ion, and the cost of t he arbi t ra tors shall be borne by the par t ies in equal proport ions , unless t he a m o u n t awarded shal l be one-fourth less t h a n the a m o u n t

claimed, in wh ich case t he whole costs shal l be paid by the c la imant ,

a n d the a rb i t ra tors shal l direct t he p a y m e n t thereof accordingly : Provided tha t if c i ther pa r ty shall be dissatisfied wi th t he costs allowed by t h e arbi t ra tors as aforesaid, t h e costs m a y be t axed by t h e P ro thono ta ry or other proper officer of t h e Supreme Court , and the a m o u n t allowed by such officer shall be the a m o u n t of costs to be paid.

26. The arbi t ra tors shall deliver the i r award in wr i t ing to t he

executors of W i l l i a m George Laidley or thei r assigns, who shall re ta in t he same, and shal l fo r thwi th , on demand, furnish a copy thereof to the o ther par ty , a n d shal l a t all t imes, on demand, produce t he said award, and allow t h e same to be inspected or examined by such pa r ty , or any person appointed by h i m for t h a t purpose ; a n d the a m o u n t awarded shal l be paid wi th in s ixty days after t he publ icat ion of such award.

27.    The submission to any such a rb i t ra t ion m a y be m a d e a rule

of t he Sup reme Cour t on t he appl icat ion of ci ther of t he par t ies .

28. N o award made wi th respect to any quest ion referred to

a rb i t ra t ion u n d e r t he provisions of this Ac t shall be set	aside	for
i r regu la r i ty	or error in ma t t e r of	form.

A n