Commonwealth Portland Cement Company Railway Act of 1902 (NSW)

An Act to enable a company called the Common­ weal th Por t land Cement Company, Limited, to cross (in connect ion w i th the const ruct ion by t h e m of a rai lway) wi th the said rai lway the public road from Por t land village to Cullen Bullen, and the road from Por t land vil lage to Por t land siding, and reserve No. 150, parish of Cullen Bullen, county of Rox-

burgh .	[12th December, 1902.]
t h e Commonwea l th P o r t l a n d Cement C o m p a n y ,

WH E R E A S Limi ted , a company du ly registered u n d e r t he Companies A c t

of Eng land , 1 8 6 2 - 1 8 9 3 , and hereinaf ter des ignated t h e company, a r c

ca r ry ing on the business of manufac tu re r s and m e r c h a n t s of and dealers in cemen t and br icks a n d of merchan t s of and dealers in l imestone, l ime, shale, sand, and o the r k ind of ear th , minerals , me ta l s , subs tances , art icles, and th ings used in or in connect ion w i t h t h e

m a n u f a c t u r e of cement , or wi th bu i ld ing on lands s i tua te a t Po r t l and ,

a n d in order to faci l i ta te communica t ion be tween the i r works a n d

quarr ies and the M u d g e e ra i lway i t is desirous of cons t ruc t ing a

ra i lway from t h e said M u d g e e ra i lway to the i r said works , such

rai lway, here inaf ter called t h e said ra i lway, to cross cer tain publ ic

roads referred to in t h e descr ipt ion of t h e rou t e of t h e said ra i lway as

set ou t in t he Schedule to th i s A c t : A n d whereas the said mines a re l ikely to prove beneficial to t h e Sta te , and the publ ic are concerned in p romot ing such an increase in and facilities for t he supply of c e m e n t for local usage and expor t as would resu l t from t h e const ruct ion of t he ra i lway, and t h e traffic on t h e M u d g e e l ine would be increased

t h e r e b y :  A n d i t is desirable to au thor i se t he said company to use so

m u c h of the roads men t ioned in t he Schedule here to as m a y be requ i red for t h e purpose of t h e said ra i lway, subject to t h e provisions here in­ after conta ined : Be i t therefore enacted by t h e K i n g ' s Mos t E x c e l l e n t

Majesty , by a n d w i t h t h e advice a n d consen t of t h e Legis la t ive

Council and Legis la t ive Assembly of N e w South W a l e s in P a r l i a m e n t

assembled, a n d by t h e au thor i ty of t h e same, as fo l lows :—

1. I t shal l be lawful for t h e company in t he construct ion of t h e

said ra i lway a long t h e rou t e described in t h e said Schedule to effect a

j unc t ion wi th t h e said M u d g e e ra i lway a t a point to be approved of

by t h e Ra i lway Commissioners , and to t ake and use so m u c h of t h e

roads as m a y be requ i red for t h e purposes of t h e rai lway, b u t so t h a t t h e same shall no t occupy in a n y p a r t thereof a grea te r space in b read th

t h a n sixty-six feet, inc lud ing t h e suppor ts and foundat ions thereof.

2 . For t h e purposes a n d subject to t he provisions hereinafter

contained i t shal l be lawful for t h e company, the i r deputies, agent , servants , and workmen , and all o ther persons by t h e m author ised and empowered, to divert or a l ter t h e course of any road or way crossing the ra i lway, or to raise or sink any road or way in order t h e more convenient ly to car ry t h e same over or unde r or by t he side of t h e rai lway.

3 . I f the company do n o t cause ano the r sufficient road to be so

made before t h e y interfere wi th any such exis t ing road as aforesaid, t hey shall forfeit t en pounds for every day du r ing which such subst i ­ t u t e d road shall no t be m a d e after t h e exis t ing road shall have been

in te r rup ted , and such pena l ty s h a l l be paid to the t rus tees , commis­

sioners, surveyor , or o ther persons hav ing t h e m a n a g e m e n t of such road, and shal l be applied for t h e purposes thereof ; and every such pena l ty shal l be recoverable w i th costs by act ion in any Cour t of

compe ten t jur isdict ion.

4 . I f in t he course of m a k i n g t h e ra i lway t h e company shall

use or in ter fere wi th any road they shal l from t ime to t ime make good all damage done by t h e m to such road, and if any quest ion shall arise as to t h e damage done to a n y such road by the company , or as to the repair thereof by t hem, such quest ion will be referred to t he de termina­ t ion of two just ices, a n d such just ices m a y direct such repairs to be made in t h e s ta te of such road in respect of d a m a g e done by t h e company , a n d w i t h i n such period as t hey m a y t h i n k reasonable, and m a y impose on t h e company for no t ca r ry ing into effect such repairs any pena l ty not exceeding t e n pounds per day as to such just ices shal l seem f i t ; and a n y such pena l ty shall be paid to the surveyor or other person hav ing the m a n a g e m e n t of t h e road interfered wi th by t h e company, and be applied for t h e purposes of such road.

5 . E v e r y bridgo erected for car ry ing any road over t he said

raihway shall be bu i l t subject to t h e approval of t h e Min i s te r for

P u b l i c W o r k s .

6 . N o t h i n g in th i s A c t conta ined shall be deemed to author ise

t he p romote r s to enter upon any lands be longing to t he Raihway Commissioners of N e w South Wales , or to a l ter or to interfere wi th the G o v e r n m e n t Ra i lways or any of t h e works thereof, w i t h o u t t h e previous consent in wr i t i ng in every ins tance of t h e said Ra i lway Commissioners.

7 . The Ra i lway Commissioners of New South W a l e s shal l from

t i m e to t ime e r e c t s u c h signals and conveniences incident to t h e

junc t ion of t he s a id raihway w i t h t h e G o v e r n m e n t Rai lways , e i ther

upon the i r own lands or u p o n t h e lands of t h e promoters , and m a y

from t i m e to t ime appoin t and remove s u c h w a t c h m e n and swi t chmen a n d o ther persons as m a y be necessary for t he prevent ion of danger to or interference wi th t he traffic a t or nea r t h e said junc t ion , and in

all

al l cases a t t h e expense of the promoters , The work ing and m a n a g e ­ m e n t of such signals and conveniences wherever s i tuate shal l he

u n d e r t h e exclusive regula t ion of t he said Ra i lway Commissioners .

8 .    I t shall he lawful for h u t no t compulsory upon t h e p romoters

f rom t i m e to t ime , a n d a t any and all t imes , to ca r ry passengers , goods, a n d live stock upon the said ra i lway or a n y p a r t thereof respect ively, and to m a k e , demand, t ake , receive, and recover such tolls or dues for ca r ry ing t h e same a t such ra tes per mile or o ther scale of charges as shal l he established from t ime to t i m e by the promoters , w i t h t h e approva l of t h e R a i l w a y Commissioners , for or in respect of al l such passengers , goods, a n d live stock wh ich shall be conveyed u p o n t h e said ra i lway or a n y p a r t thereof. A n d t h e promoters are he reby

author ised to m a k e such by- laws a n d regula t ions , subject to t h e

approval of t h e Ra i lway Commissioners , no t inconsis tent w i t h th i s A c t as m a y be necessary for t he regula t ion of such traffic, and such by- laws or regula t ions shall be b ind ing u p o n al l persons us ing or t rave l l ing u p o n the said rai lway, and any person offending aga ins t such by-laws or regula t ions shall be liable to a fine no t exceeding t en pounds for each offence, to be recovered in a s u m m a r y way before any two jus t ices in p e t t y sessions, or before a s t ipendiary or police mag i s t r a t e : Provided a lways t h a t if t h e ra tes , tolls, or dues t h a t m a y be established as aforesaid unde r and b y v i r tue of th is Ac t shal l be found excessive, i t shall be lawful for t he Execu t i ve Council , on pet i t ion b y any person, to reduce t h e said rates , tolls, or dues, and to revise t h e m in such

m a n n e r as m a y seem proper and advisable.

9 . I n th is A c t t h e word " j u s t i c e s " shall m e a n jus t ices of t h e

peace in and for t h e S ta te of N e w South W a l e s ; and w h e n a n y m a t t e r is author ised or requi red to be done by, or any pena l ty or forfeiture is recoverable before two jus t ices , t he expression " t w o j u s t i c e s " shal l m e a n two just ices assembled and ac t ing toge ther in

p e t t y sessions, or a s t ipendiary or police magis t ra te .

1 0 . This A c t m a y be ci ted as t h e " Commonwea l th P o r t l and

C e m e n t Company Ra i lway A c t of 1902 . "

SCHEDULE.

Commencing at a point distant one hundred and ten miles and twenty-six chains from Sydney, on the Mudgee Railway, crossing the eastern boundary of reserve number one hundred and fifty, parish of Cullen Bullen, county of Roxburgh, at a distance of eighty-four minutes six seconds from the south-east corner of the said reserve; thence in a north-westerly direction to the north-west corner of the same reserve ; thence across the public road leading from Portland Siding to the village of Portland, continuing in a north-westerly direction between the lease of four acres and twenty perches to the Cullen Bullen Lime and Cement Company and the Portland road until it crosses the public road from Portland to Cullen Bullen; thence to the eastern boundary of Thomas Murray's selection number fifty-three (now the property of the said company) at a point distant four hundred and ninety-eight feet from the south-east corner, thence to the new works.

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