Deepwater and Mount Galena Tramway Act of 1892 (NSW)
An Act to authorise William Bragg, of Sydney, in the Colony of New South Wales, gentleman, his heirs, executors, administrators, and assigns, or any com- pany duly registered for that purpose by agreement with the said William Bragg, his executors, administrators, or assigns, to construct and maintain a Tramway from a point to be determined on, near the Deep water Bail way Station, and con- necting with the Great Northern Railway Line, parish of Deep water, in the said Colony, to Mount Galena Silver-mines, in the parish of Gordon, county of Gongh, via Tent Hill and Emmaville, at a point to be determined on in mineral lease application, number two thousand one hundred and seventy-five, in the parish and county last aforesaid, and to use steam or other motive power upon the said Tramway, and to carry passengers, goods, live stock, ore, and other things over the said Tramway, for hire, for the public generally, as well as for persons
| WHEREAS large quantities of galena ore, minerals, fuel, and other materials exist at Mount Galena, parish of Gordon, | county of Gough, as aforesaid; as also along and adjacent to the line | |
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engaged in mining operations. [ 1 st April, 1892.] of ore : And whereas the means of travelling between Mount Galena and the Deepwater Railway Station are insufficient for the convenience of the public : And whereas for the purpose of facilitating the carriage of the said galena ore, minerals, and other ores, fuel, and other materials, and for the carriage of passengers, goods, live-stock, and other things over the said tramway for hire for the public generally as well as for persons engaged in mining operations from the said localities to the Deepwater Railway Station, the said William Bragg is desirous of constructing a single or double line of tramway to be worked by steam or other motive power over, across, and along the route described in the Schedule hereto, from a point to be determined on near the Deepwater Railway Station connecting with the Great Northern Railway Line in the said Colony to Mount Galena silver- mines, parish and county aforesaid: And whereas such tramway cannot be made without Legislative authority : And whereas the construction of the said proposed tramway would be largely for the benefit of the mining as well as the general public, by materially assisting to lessen the expense of developing the great silver and other mining industries in the Mount Galena district: And it is therefore advisable to authorise, by Legislative enactment, the construction of the said proposed tram way, subject to the provisions hereinafter contained : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—
1. I t shall be lawful for the said William Bragg, his heirs, executors, administrators, and assigns, or any company duly registered for that purpose by agreement with the said William Bragg, his heirs, executors, administrators, or assigns, upon the terms and conditions and subject to the provisions hereinafter contained, to make and construct and maintain a tramway for the carrying of the said galena ore, minerals, and other ore, fuel, and other materials, and passengers, goods, live stock, and other things for hire, from a point to be deter mined near the Deepwater Railway Station as aforesaid, to the said Mount Galena Silver-mine, in the said parish of Gordon as aforesaid, as also along the line of tramway, by the route , and over, across, and along the roads, streets, rivers, watercourses, lands, and reserves, both public and private, described in the Schedule hereto; and to use so much of the said roads and streets, and to take and use so much of the lands and reserves, both public and private, as may be necessary
for the purposes of such tramway, but so that the same shall not occupy in part thereof on public or private lands a greater space in breadth than ninety-nine feet, including the support and foundations thereof : Provided that it shall be lawful to deviate from the line of tramway described in the Schedule to this Act, on either side thereof, at any part thereof to a distance not exceeding one mile and a half, and the said tramway shall be constructed in a proper and workman like manner to the satisfaction of the Engineer-in-Chief for railway construction.
2. The gauge of the said tramway shall be four feet eight and a half inches, and where it traverses public thoroughfares shall be laid at about the general level of such thoroughfares and so that the rails shall not project above the surface thereof; and the said William Bragg, his heirs, executors, administrators, or assigns shall maintain in perfect order and repair the said tramway, and the pavements of the same between the rails of the said tramway, and for the space of one foot six inches on each side of the said rails, and furthermore shall erect and maintain all necessary bridges and causeways in connection with the said tramway.
3. The t r a m w a y and the mate r ia l thereof shall no t cease to he
| t h e p roper ty of | t h e | said Wi l l i am | Bragg , his hei rs , executors , | adminis |
t ra tors , and assigns, by reason of the same be ing laid as aforesaid.
4. The said W i l l i a m Bragg , his heirs , executors , adminis t ra tors ,
and assigns, and all o ther persons duly authorised, shall have all necessary r igh t s oyer t he roads, s t reets , and lands described in t he Schedule to this Ac t as are requi red for t he construct ion, repair , comple t ion, and use of t he said t r amway , and for t h e erection, ma in t enance , a n d repair , and all necessary sidings and bui ld ings in connect ion the rewi th : Provided t h a t the re shall he no interference wi th ordinary traffic beyond w h a t is reasonable and necessary for such purpose.
5. The t r a m w a y shal l he for t h e use of t he publ ic a n d of
persons engaged in m i n i n g operations, and for t h e conveyance for h i re of such galena ore and other minera ls , ore and th ings as aforesaid from t h e said M o u n t Galena Si lver-mine and other mines as aforesaid, as also a long t h e l ine of t r amway , and of stores and mater ia l for t h e
| publ ic , for h i re in connection w i t h t he said mines and | t r amway . |
G. I t shall be lawful for t h e said Wi l l i am Bragg , h is heirs, executors , adminis t ra tors , and assigns, his agents or servants , to carry passengers , goods, live stock, minera ls , mater ia l , and o ther t h i n g s over and a long the said t r a m w a y for hire for t h e publ ic general ly, as well as for persons engaged in m i n i n g operations. The m a x i m u m tolls, ra tes , fares, and charges to be fixed by any by- laws made as aforesaid shal l no t exceed the following, t ha t is to s a y : —
(I) For passengers, a s u m n o t exceeding twopence each per mi le .
(II)
For goods, merchandise , chat te ls , and th ings o ther t h a n live stock (in quant i t ies no t less t h a n one ton) a sum not exceed ing fourpence per ton per mile , and minera l ores no t exceeding th reepence pe r t on per mile .
(III) For live stock (in quant i t ies not less t h a n one t r u c k load) a
s u m no t exceeding fourpence per head pe r mile for horsesor horned cat t le , a n d for sheep a. s u m no t exceeding one
ha l f -penny per head per mile . 7 . I t shall be lawful for t he said Wi l l i am Bragg , his executors ,
adminis t ra tors , and assigns, to use and employ s team or other mot ive power , and carr iages, waggons , or t rucks to be d r a w n the reby upon t h e said t r a m w a y : Provided t h a t a lb rol l ing stock before and dur ing use shall be subject to t he approval of t he Commissioners for Ra i lways .
| 8. I t shall be lawful for t h e said Wi l l i am Bragg , his heirs , executors , adminis t ra tors , and assigns, and his and the i r w o r k m e n | and |
| se rvan t s to en te r u p o n the Ra ihvay Commissioners ' p roper ty a t a |
po in t about th ree hund red and forty-six miles from Newcas t le where fence is broken, and r u n a l ine paral le l wi th t h e exis t ing rai lway, a dis tance of s ixty chains to t he ra i lway s ta t ion a t Deepwater , t h e p lans and work to be approved by t h e Ra i lway Commissioners, and such p a y m e n t to be m a d e for t h e use of t h e land a n d stat ion as may , in t h e opinion of t h e Rai lway Commissioners, be deemed reasonable. Al l works necessary in connect ion wi th t he j unc t ion of ra i lway l ine to be done by the Ra i lway Commissioners a t the expense of t he company.
| 9. I n case of accidents or slips happen ing or be ing apprehended to t h e cu t t ings , e m b a n k m e n t s , or | other | works | of | t h e | said | t r amway , |
| i t shall be lawful for t he | said W i l l i a m Bragg , his heirs , executors , |
adminis t ra tors , a n d assigns, and his or their w o r k m e n and servants , to enter upon t h e lands adjoining there to a t any t ime whatsoever for t h e purpose of repa i r ing or p reven t ing such accidents , and to do such
| works | as m a y | be necessary | for t he p u r p o s e ; b u t in every such case |
t h e said Wi l l i am Bragg , his heirs, executors , adminis t ra tors , or assigns shall , w i th in fourteen days after such entry , m a k e a report to the Secre tary for Pub l i c W o r k s , specifying t h e n a t u r e of such accident or apprehended accident and of t he works necessary to be done, a n d
such
such powers shal l cease and de termine if t h e said Secretary shall, after consider ing t h e said report , certify t h a t the i r exercise is no t necessary for t h e publ ic safety : Provided also t h a t such works shal l be as l i t t le injurious to the said adjoining lands as the n a t u r e of t he accident or apprehended accident will admi t of, a n d shall be executed wi th all possible despatch, and full compensa t ion shall be made to t h e owners a n d occupiers of such lands for t he loss or i n ju ry or inconvenience susta ined by t h e m respectively by reason of such works , t h e a m o u n t of which compensat ion, in case of any dispute about t he same, shal l
be set t led b y arb i t ra tors in t h e m a n n e r hereinaf ter ment ioned .
10. The said Wi l l i am Bragg , his heirs, executors , adminis t ra tors ,
a n d assigns shall no t be ent i t led to any mines of coal, slate, or o ther minera l s u n d e r any land whereof t he surface only is vested in h i m or t h e m by v i r tue of th i s Ac t , except only such par t s thereof as shal l be necessary to be d u g or carried away in t he cons t ruc t ion of t h e works hereby author ised, and such mines shall no t be deemed to vest in t h e said W i l l i a m Bragg , his heirs , executors , adminis t ra tors , and assigns :
Prov ided t h a t where such t r a m w a y passes over Crown Lands , t h e said
W i l l i a m Bragg , his heirs , executors , adminis t ra tors , and assigns shall pay to t h e Crown such a n n u a l ren t , no t exceeding two shil l ings per acre , for such Crown Lands passed over by such t r a m w a y as t he
Min is te r for Lands m a y direct .
11 . I f w i th in s ixty days of t h e passing of th i s A c t t h e said
persons t h r o u g h whose land the t r a m w a y shall pass, or any of them, and t h e said Wi l l i am Bragg, his heirs , executors , adminis t ra tors , or assigns shall no t agree as to t h e a m o u n t of compensat ion to be paid by h i m or t h e m for t h e said lands be longing to the said par t 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 a n y o ther quest ion as to compensat ion shall arise unde r th i s Ac t , t he a m o u n t of such compensa
t ion shall be set t led by arbi t ra tors in m a n n e r hereinaf ter men t ioned ( tha t is to say) , unless bo th part ies concur in t h e appo in tmen t of a s ingle arb i t ra tor , each pa r ty on the reques t of t he o ther shall nomina te and appoin t a n a rb i t ra tor to w h o m such d ispute or o ther ma t t e r shall be referred ; a n d any appo in tmen t of a n a rb i t ra to r shal l be unde r t h e h a n d a n d seal of such person or persons respectively ; and such appo in tment shall be delivered to t h e a rb i t ra tor or arb i t ra tors , a n d shall be deemed
a submission to arb i t ra t ion on t h e pa r t of t h e par ty by w h o m the same
shal l 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 p a r t y shall have power to revoke t h e same wi thou t t h e consent of t he other , nor shal l t he dea th of e i ther p a r t y opera te as a revocation ;
and if for t he space of fourteen days after such dispute or o ther m a t t e rshal l have arisen, and af ter a reques t in wr i t ing shall have been served b y the one pa r ty on the other pa r ty to appoint a n arbi t ra tor , such last- ment ioned p a r t y shall fail to appo in t such arbi t ra tor , t h e n upon such fai lure it shall be lawful for t he At to rney-Genera l for t he t ime be ing of t he said Colony, on t he appl icat ion of t h e pa r ty w ho has himself appointed an arb i t ra tor , to appoint such a rb i t r a to r to act on behalf of
bo th par t ies , and such a rb i t ra tor m a y proceed to hear a n d de termine
t h e m a t t e r s which shall be in dispute , and in such case t he award or
de te rmina t ion of such single a rb i t ra tor shall be final and conclusive : Provided tha t t h e said Wi l l i am Bragg shal l compensate owners for al l lands t aken a t such pr ice as m a y be agreed upon or awarded by the a rb i t ra tors , toge ther wi th interest a t 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 .
12. I f before t he m a t t e r so referred shall be de termined any
arb i t ra tor appointed by e i ther p a r t y shal l die, or become incapable or
refuse, or for fourteen days neglect to ac t as arbi t ra tor , t he pa r ty by
w h o m such a rb i t ra to r was appointed m a y nomina te and appoint in
wr i t ing
wr i t i ng some other person to ac t in his place, and if for t h e space of seven days after notice in wr i t ing from the o ther pa r ty for t h a t purpose he fail to do so, t he r emain ing or o ther a rb i t ra tor m a y proceed a l o n e ;
| a n d every a rb i t ra tor so to be subs t i tu ted | as aforesaid | shall have | t h e |
| same powers a n d authori t ies as were vested in t h e former a rb i t r a to r | a t |
| t h e t ime of such his death, refusal, neglect , or disabili ty as aforesaid. |
13 . "Where more t h a n one a rb i t ra tor shall have been appointed,
| such arbi t ra tors shall , before they enter upon | the ma t t e r s referred to |
t hem, nomina t e and appoint in wr i t ing under thei r hands an umpi re , to decide any ma t t e r s on which t hey shal l differ, or which shall be referred to t h e m unde r t h e provisions of th is Ac t , and if such u m p i r e shal l die, or refuse, or for seven days neglect to act after be ing called upon so to do by the arbi t ra tors or e i ther of them, they shall fo r thwi th after such dea th , refusal, or neglect appoin t ano the r ump i r e in his place, and t h e decision of every such ump i r e u p o n the ma t t e r s so referred to h i m shall be final.
14. I f in c i ther of t he cases aforesaid t he arbi t ra tors shall refuse, or for seven days after reques t of e i ther p a r t y to such arb i t ra tors neglect to appoin t a n umpi re , it shall be lawful for t he At torney- Genera l for t he t ime being, on the appl icat ion of e i ther p a r t y to such
| arbi t ra t ion | to | appoin t an umpire , and t h e decision of such u m p i r e on |
| t h e m a t t e r s on which the arbi t ra tors differ or which shall be | referred |
| to h i m u n d e r this Ac t shall be | final. |
15. If, w h e n a single a rb i t ra tor shall have been appointed, such
a rb i t ra tor shal l die or become incapable , or shall refuse, or for fourteen days neg lec t to ac t before he shall have made his award, t h e mat te r s
| referred | to h i m shall be de termined by arbi t ra t ion u n d e r t h e provisions |
| of th is Ac t , in t he same m a n n e r | as | if such | a rb i t ra tor | had | not | been |
| appointed. |
16 . If, w h e n more t h a n one a rb i t ra to r shall have been appointed,
and w h e n ne i ther of t h e m shall die, become incapable , refuse, or neg lec t to ac t as aforesaid, such arbi t ra tors shall fail to m a k e the i r award wi th in fourteen days after t he day on which t h e last of such arb i t ra tors shal l have been appointed, or w i t h i n such ex tended t e r m (if any) as shall have been appointed for t h a t purpose by both of such arbi t ra tors , unde r the i r hands , t he mat te r s referred to t h e m shall be
| de termined b y t h e ump i r e to be appoin ted as | aforesaid. |
17. The said a rb i t ra tor or arbi t ra tors , or his or the i r umpi re ,
m a y call for t h e product ion of any documents in t he possession or power of c i ther par ty , which t hey or he m a y t h i n k necessary for deter
| m i n i n g the quest ion in dispute, a n d m a y examine t h e part ies or the i r |
witnesses on oath , and adminis te r t h e oaths necessary for t h a t purpose .
18. Before any arb i t ra tor or u m p i r e shal l en te r upon t h e con
sideration of any m a t t e r referred to h i m he shall, in t h e presence of a Ju s t i ce of t h e 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 fai thfully and honest ly a n d to t he best of m y skill and abil i ty hear and de te rmine t h e ma t t e r s referred to m e under t h e provisions of
t he " D e e p w a t e r and M o u n t Galena T r a m w a y A c t . "
Made and subscribed in t he presence of
C. D .
| A n d such | declarat ion shall be annexed to t h e award w h e n | made , a n d |
| if any a rb i t ra to r or umpi re hav ing made such declarat ion shall | wilfully |
| ac t contrary there to he shall be gui l ty of a misdemeanour . |
19. A l l t h e costs of any such arb i t ra t ion and incident there to
shal l be in t he discretion of t he arbi t ra tors , and the costs of t he a rb i t ra to rs shall be borne by t h e part ies in equal proport ions , unless
| t h e a m o u n t awarded shall be one-four th | or more less t h a n the | a m o u n t which |
which shall have been offered by the said W i l l i a m Bragg , h is heirs , executors , adminis t ra tors , or assigns, in wh ich case t h e whole costs of t he arbi t ra t ion , and also t he costs of a n d inc ident to t he said arbi
t ra t ion , shall be paid by the c la imant : Provided tha t , if e i ther pa r ty shal l be dissatisfied wi th t he costs al lowed by t h e said a rb i t ra tors as aforesaid, t he costs m a y be taxed by the 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 shal l be t h e a m o u n t of costs to be paid.
20. The arbi t ra tor , arbi t ra tors , or u m p i r e shall deliver the i r or
his award in wr i t ing to t he said W i l l i a m Bragg , his heirs , executors , adminis t ra tors , or assigns, who shall re ta in t h e same, and shall for thwi th , on demand , a t bis or the i r own expense, furnish a copy thereof to t h e o the r par ty , and shall a t all t imes , on demand, p roduce t h e said award,, and allow the same to be inspected or examined by such p a r t y or any person appointed by h i m for t h a t purpose, and the a m o u n t awarded shall be paid wi th in s ixty days after t h e publ icat ion of the award.
2 1 . The submission to a n y such a rb i t ra t ion m a y be m a d e a ru le
of t he Supreme Court on t he appl ica t ion of e i ther of t he part ies.
22. 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 A c t shal l be set aside for
i r regu la r i ty or error in m a t t e r of form.
23 . The said W i l l i a m Bragg , his heirs, executors , adminis t ra tors ,
or assigns shal l m a k e compensat ion a n d satisfaction, to be ascer ta ined and recovered in case of difference in t h e m a n n e r he reby provided, for t empora ry , pe rmanen t , or r ecur r ing injury, and all o ther damage , loss, costs, charges , and inconvenience which m a y in anywise be occasioned to t he owners and occupiers of the lands t h r o u g h wh ich t h e said t r a m w a y shall pass by the non-performance or neg l igen t performance b y the said W i l l i a m Bragg , his heirs , executors , adminis t ra tors , or assigns of
a n y of t h e mat te r s or th ings he reby requi red or au thor ised to be performed by t h e m . 24. I n every case where t he said Wi l l i am Bragg , 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 he reby granted , i t shall be i n c u m b e n t on h i m or t hem, w i th in th ree mon ths after en t ry upon such land, upon be ing requ i red so to do, to pay to t he occupier of said lands the value of any crop or dressing t ha t m a y be the reon , and damaged or in jured b y such en t ry , as well as full compensat ion for any o ther damage of a t empora ry n a t u r e which he may sus ta in by reason of such en t ry , a n d shal l also from t ime to t ime dur ing the i r occupation of t h e said lands
pay half-yearly to such occupier, or to t h e owner of t h e l a n d , as t h e case m a y requ i re , a ren t , to be fixed by two Jus t i ces in case t he par t ies differ; and shall also, w i t h i n twelve m o n t h s after such en t ry , pay to such owners and occupiers, or deposit in a b a n k for t h e benefit of all par t ies in teres ted, as the case m a y require , compensat ion for al l p e r m a n e n t or o ther loss, damage , or in ju ry t h a t m a y have been susta ined by t h e m by reason of t h e exercise as regards t he said lands of t h e powers he reby gran ted , inc lud ing the full va lue of al l clay,
s tone, gravel , sand, a n d other th ings t a k e n f rom such lands . 25. If t he owner of any lands requi red to be t a k e n for t he cons t ruc t ion of t h e said t r a m w a y is absent from t h e 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 who have respect ively only l imited or qualified interests therein , a n d who cannot en ter in to b ind ing ag reemen t s
w i th t h e said W i l l i a m Bragg , his heirs, executors , adminis t ra tors ,
and assigns, for t h e purchase of such lands , or jo in i n s u b m i t t i n g the i r
c la ims for compensat ion to a rb i t ra t ion as hereinbefore provided, t h e
pu rchase money or compensat ion payab le by t h e said W i l l i a m Bragg , his heirs , executors , adminis t ra tors , or assigns, in respect of such lands , shal l be de te rmined b y t h e va luat ion of a surveyor, to be nomina ted as
hereinafter ment ioned . 20.
26. U p o n appl ica t ion by the said Wi l l i am Bragg , bis heirs ,
executors , adminis t ra tors , or assigns to two Jus t i ces , and upon such evidence as m a y be satisfactory to t h e m t h a t the re is no person in t h e Colony or to be found who can enter in to a b ind ing contract w i th t h e said Wi l l i am Bragg , his heirs , executors , adminis t ra tors , and assigns,
or join w i th t h e said Wi l l i am Bragg , his hei rs , 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 any lands required to be t aken for the const ruct ion of t he said t r amway , such Jus t i ces shal l by wr i t i ng unde r t he i r hands n o m i n a t e a l icensed surveyor for de te rmin ing such compensat ion as aforesaid, and s u c h surveyor shall de te rmine t he same accordingly, and shal l annex to his va lua t ion a declarat ion in wr i t i ng subscribed by h i m of the correctness thereof.
27. Before such surveyor shal l enter upon the du ty of m a k i n g
such va lua t ion as aforesaid, he shall, in t h e presence of such Jus t i ces
or one of t h e m , m a k e and subscribe t he following declarat ion a t t he foot of such nomina t ion , t h a t is to say :— I , A .B. , do solemnly and sincerely declare t h a t I will faith Cully, impar t ia l ly , and honest ly , according to t he best of m y skill and abil i ty, execute t he d u t y of m a k i n g the va luat ion hereby referred to m e .
Made and subscribed in t he presence of
A . B .
A n d if a n y such surveyor shall cor rupt ly m a k e such declarat ion, or
h a v i n g m a d e such declarat ion shall wilfully ac t con t ra ry there to , he shall be gui l ty of a misdemeanour . 28. The said nomina t ion and declarat ion shall be annexed to the va lua t ion to be m a d e by such surveyor, and shal l be preserved toge ther t he rewi th by t h e said W i l l i a m Bragg , h is heirs , executors , adminis t ra tors , or a s s igns ; and they shall a t all t imes produce t h e said va lua t ion and documents on demand to all par t ies in teres ted in t he lands comprised in such valuat ion.
29. Al l the expenses of and incident to any such va lua t ion shall
be borne by the said W i l l i a m Bragg , his heirs, executors , adminis t ra tors , or assigns.
30. If t he a m o u n t of compensat ion determined by a n y such
surveyor does no t exceed the s u m of fifty pounds , i t shall, except in t h e cases where t h e owner is absent from t h e Colony, or canno t be found, be paid by t h e said W i l l i a m Bragg, his heirs, executors , adminis t ra tors , and assigns to the person or persons for t he t ime being
ent i t led to t he r en t s and profits of lands in respect whereof t h e same shall be payable for the i r own use and benefit, or in t he case of t he cover ture , infancy, idiotcy, lunacy, or other incapaci ty of a n y 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.
3 1 . If t h e a m o u n t of compensa t ion de te rmined b y any such
surveyor as aforesaid exceeds t he s u m of fifty pounds , or in t he cases whe re t he owner is absent from the Colony, or cannot be found, whe the r i t exceeds t h e s u m of fifty pounds or not , i t shall be paid by t h e said Wi l l i am Bragg , his heirs, executors , adminis t ra tors , or assigns in to t h e hands of t h e Mas te r in E q u i t y of t he Supreme Cour t in t he m a t t e r of this Act , in t rus t for t h e par t ies interested in t h e lands in respect of which i t is paid in ; and a certificate from the Mas te r of t he fact of t h e m o n e y be ing so paid in shall be a sufficient discharge to t h e said W i l l i a m Bragg , his heirs, executors , adminis t ra tors , and assigns, for t h e money so paid : Provided t h a t all moneys so pa id in shall be deal t w i t h b y the Supreme Cour t in t h e same m a n n e r in all respects as moneys paid in unde r an A c t passed in t h e twenty-first year of H e r p resen t Majesty, and ent i t led "An Act for better securing Trust
Funds,
Funds, and for the relief of Trustees." A n d shall he subject, i n al l respects , to the provisions of t he said Ac t , and all ru les of t h e said
Cour t m a d e thereunder . 32. If i n a n y case in which , according to t h e provisions of
th i s Act , t h e said W i l l i a m Bragg , his heirs , executors , adminis t ra tors ,
a n d assigns is au thor ised to enter upon and t a k e possession of a n y lands r equ i red for t he purposes of t h e said t r amway , t h e owner or occupier of any such lands , or any o ther person shall refuse to give u p possession thereof, or h inder t h e said Wi l l i am Bragg , 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, i t shal l be lawful for t h e said Wi l l i am Bragg , his heirs , executors , adminis t ra tors , and assigns, to issue his or the i r w a r r a n t to t h e Sheriff to deliver possession of t h e same to t h e
persons appoin ted by t h e said W i l l i a m Bragg , his heirs, executors , adminis t ra tors , or assigns in such w a r r a n t to receive t h e same, and upon receipt of such w a r r a n t the Sheriff shall deliver possession of any such lands accordingly, and t h e costs accru ing b y reason of t he issuing and execut ion of such war ran t to be set t led b y t h e Sheriff shal l be paid by t h e pa r ty so refusing to give possession, and the a m o u n t of such costs shal l be deducted and reta ined b y t h e said W i l l i a m Bragg , his heirs , executors , adminis t ra tors , and assigns from t h e 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 t he same be less t h a n t h e 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, shal l be levied by distress, and upon appl ica t ion to any Jus t i ce of t he Peace for t ha t purpose he shall issue his w a r r a n t accordingly.
33 . Al l notices requi red to be served by the said Wi l l i am Bragg ,
his heirs , executors , adminis t ra tors , and assigns upon the par t ies interested in or ent i t led to sell any such lands shall e i ther be served personally on such part ies or left a t the i r last usua l place of abode (if a n y such can after di l igent inquiry be found) , and in case a n y such par t ies shall be absent from t h e Colony, or canno t be found after inqu i ry , shall be left wi th t he occupier of such lands , or if the re be no such occupier shall be affixed upon some conspicuous par t of such lands .
34. A t any t ime , after two years from the pass ing of th i s Act ,
t h e Governor , w i th t h e advice of t he E x e c u t i v e Council , may , if he t h i n k fit, purchase such t r amway , upon giving to t he said W i l l i a m
Bragg , his heirs, executors , adminis t ra tors , and assigns, s ix m o n t h s ' not ice, in wr i t ing , of his in ten t ion to do so. I f the a m o u n t tendered for t he purchase of the p roper ty be considered inadequa te by t h e said W i l l i a m Bragg, h is heirs , executors , adminis t ra tors , and assigns, t h e
a m o u n t s shal l be ascertained by assessment in t e r m s of t he " Bublic
L a n d s Acquis i t ion A c t . " 35 . I t shall be lawful for the said Wi l l i am Bragg , h is heirs , executors , adminis t ra tors , or assigns a t any t ime , by any deed or i n s t r u m e n t in wr i t ing , to assign and t ransfer all t h e r igh ts , powers , pr ivi leges, benefits, and advantages conferred upon h i m or t h e m by th i s A c t to a n y person or persons or to any duly registered company, a n d u p o n any such t ransfer or ass ignment be ing signed or executed t h e person or persons or duly regis tered company in whose favour such t ransfer or a s s ignment is m a d e shal l t h e n s tand in t h e place of t h e said Wi l l i am Bragg , his hei rs , executors , adminis t ra tors , or assigns, and shal l have all t he r ights , powers , benefits, privileges, and advan tages conferred upon t h e said W i l l i a m Bragg , his heirs , executors ,
admin is t ra to rs , and assigns by th is Ac t .
36. T h e hi re and charges to he made u n d e r th i s A c t by t h e said W i l l i a m Bragg , his heirs , executors , administrators, or assigns shal l he in such terms and amounts , and shal l be paid to such persons upon or near to t he t r a m w a y , or in such manner and under such regulat ions as t he said Wi l l i am Bragg , his heirs, executors , adminis
trators, or assigns shall by notice appoint .
37. N o t h i n g in this Act contained shall be deemed to authorise t h e said W i l l i a m Bragg , his heirs, executors , administrators, or assigns to t a k e or enter upon any land be longing to the said Commissioners , or to a l ter or to interfere wi th t he Great N o r t h e r n Rai lway, or any of t he works thereof, be tween the said ra i lway and t r amway , w i thou t t h e previous consent, in wr i t ing in every instance, of t he said Commissioners.
38 . The said Commissioners shall f rom t ime to t ime, a t t h e
expense of t he said W i l l i a m Bragg , his heirs, executors , adminis
trators, and assigns erect such s ignals and conveniences incident to
t h e junc t ion e i ther upon their own lands or on t h e lands of t h e said W i l l i a m Bragg , his heirs, executors , administrators, or assigns, and m a y f rom t ime to t ime appoint and remove such wa tchmen , switch men, or o ther persons as may be necessary for t he prevent ion of clanger to , or interference wi th , the traffic a t or near t he junc t ion .
39. The w o r k i n g and managemen t of such signals and conve
niences wherever si tuate, shall he under t he exc lus ive regula t ion of t h e said Commissioners. Such sums shall be charged to t h e said Wi l l i am Bragg , his heirs, executors , administrators , or assigns, as in t he opinion of the Ra i lway Commissioners shall be reasonable for such service.
40. I t shall be l awfu l for t he said Wi l l i am Bragg , his heirs, executors , administrators, or assigns, from t ime to t ime, subject to t h e approval of t he Commissioners for Rai lways , and provisions and restrictions in th is A c t contained, to m a k e regula t ions or by- laws for t he following purposes, t h a t is to say—
F o r r egu la t ing the t imes of the arr ival and departure of the w a g g o n s and carr iages, and the number of persons l imi ted to be carried therein respect ively . F o r regu la t ing t h e loading or unloading of such w a g g o n s and carriages. F o r p reven t ing t h e smoking of tobacco and the commission of a n y nuisance in or upon such waggons or carriages, or any of t h e t r am- way stations, Availing rooms, or premises, and genera l ly for r egu l a t i ng the t rave l l ing upon, or us ing, and work ing t h e said t r amway , and the main tenance of good order, and for r egu la t ing t he conduct of t he t r a m w a y officers and servants, and for p rov id ing for t h e due managemen t of t he said
t r amway , and t h e protect ion thereof, and t h e waggons and carr iages, and o ther plant and mach inery , and wa i t ing rooms, offices, and premises from trespass and injury. F o r r egu la t i ng and enforc ing the paymen t of t he hire and charges to be made under the A c t b y t he said W i l l i a m Bragg , his heirs, executors , administrators, or assigns, as aforesaid. F o r regu la t ing t he carr iage of minerals, ore, goods, and live stock, a n d
o ther th ings on t h e said t r a m w a y .
And for bet ter enforcing the observance of all or any of such regula tions it shal l be l awfu l for t h e said W i l l i a m Bragg , his heirs, executors ,
administrators, or assigns, to m a k e by-laws for all or any of t he afore
said purposes, and from t ime to t ime to repeal or alter such b y - l a w s and m a k e new by - l aws : Provided t h a t such by - l aws be not r epugnan t to t h e laws of t h e Colony or to t he provis ions of this A c t : A n d the substance of such by-haws shall be pa in ted on boards, or pr inted on paper and affixed to boards and places, and mainta ined in a legible s t a te in some conspicuous part of every station or place of business occupied or used in connect ion wi th the t r amway , according to t h e nature and subject m a t t e r of such by- laws , so t h a t notice thereof m a y
be
be given to all par t ies affected thereby, and no pena l ty imposed b y any such by- law shall be recoverable unless t he same shal l have been publ ished and kep t publ ished as aforesaid. A n d such by- laws shal l specify penal t ies , wh ich shall in no case exceed the s u m of t en pounds , a n d m a y be proceeded for a n d recoverable under the provisions of t h e A c t e leventh and twelf th Victoria, chap te r for ty- three : Prov ided a lways t h a t such by- laws m u s t be first approved of by the Governor, wi th t he advice of t h e Execu t ive C o u n c i l : Provided a lways t h a t t he
said W i l l i a m Bragg , his heirs, executors , adminis t ra tors , and assigns, his or the i r employees or servants , shall, w h e n us ing or w h e n u p o n the premises of t he said rai lway, be liable and subject to t he ra i lway by- laws.
4 1 . The product ion of a copy of t he N e w Sou th W a l e s Govern
ment Gazette conta in ing such by-laws shal l be sufficient evidence of
such by-laws in all proceedings unde r t h e same.
42 . T h e said Commissioners m a y from t ime to t ime appoint any
person to be inspector, for the purpose of inspec t ing t he t r a m w a y a n d of m a k i n g any i n q u i r y wi th respect to t he condi t ion of t h e works , or in to the cause of any accident , provided t h a t no person so appointed shall exercise any powers of interference in t he affairs of t he said W i l l i a m Bragg , his heirs , executors , adminis t ra tors , or assigns, and every In spec to r unde r th is A c t shall , for t h e purpose of any inspect ion or inqu i ry which he is directed b y the Ra i lway Commissioners to m a k e or conduct , have t he following powers, t h a t is to s a y : —
(I H e m a y enter and inspect t he t r a m w a y and all t h e stat ions,
works, bui ldings , offices, stock, p lan t , and mach ine ry
be longing there to . (iI) H e may , by summons under his hand , requi re t he a t t endance of any person who is engaged in the m a n a g e m e n t , service, or employment of t h e Company, a n d w h o m he t h i n k s fit to call before h i m a n d examine for t h e said purpose, and m a y requi re answers or r e tu rns to such inquir ies for t h e said
purpose as he t h i n k s fit to m a k e , (III) H e m a y requi re and enforce the product ion of al l books, papers, and documents of the Company which he considers impor t an t for t he said purpose.
W h e r e , in or abou t t he t r amway , or any of t he works or
bu i ld ings connected wi th such t r a m w a y , or a n y bu i ld ing or place,
w h e t h e r open or enclosed, occupied by t h e Company w o r k i n g such t r amway , any of t he following accidents t ake place in t h e course of work ing , t h a t is to say :—
(i) A n y accident a t t ended wi th loss of life or personal in ju ry to a n y person whomsoever , ( n ) A n y collision where one of t he t ra ins is a passenger t ra in ,
( i n ) A n y passenger t ra in , or any pa r t of a passenger t ra in , accidental ly l eav ing the rails,
(iv) Any accident of a kind not comprised in the foregoing descriptions, b 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 which m a y be specified in t ha t behalf by any order to bo
m a d e from t ime to t i m e by the Ra i lway Commissioners .
The Company work ing such t r a m w a y shall send not ice of such accident , and of t h e loss of life or personal in jury (if any) occasioned thereby ,
to t he Ra i lway Commissioners. Such not ice shall be in such form and shall conta in such par
t iculars as t he Ra i lway Commissioners m a y f rom t i m e to t i m e direct,a n d shal l be sent by the earliest pract icable post after t he accident
t akes place.
The R a i l w a y Commissioners m a y from t ime to t ime by order direct t h a t not ice of a n y class of accidents shall be sent to t h e m by te legraph , and m a y revoke any such order. W h i l e such order is in
force
force not ice of every accident of tlic class to which the order re la tes shal l be sent to t he Ra i lway Commissioners b y te legraph immedia te ly after t he accident takes place. Fa i l u r e to comply wi th t h e provisions of th is section shall render t h e Company liable for each offence to a
| pena l ty not | exceeding t w e n t y | pounds . |
4 3 . The said W i l l i a m Bragg , his heirs , executors , adminis t ra tors ,
or assigns shall no t be ent i t led to any of t h e r i g h t s and privileges conferred u p o n t h e m by this A c t unless they shal l Lave commenced the said t r a m w a y wi th in t h e period of six m o n t h s , and completed t he same within t he period of two years from the passing of th is Ac t .
4>i. This A c t m a y for all purposes be cited as t he " Deepwate r
| and | M o u n t | Galena | T r a m w a y | A c t | of | 1 8 9 2 . " |
SCHEDULE.
Commencing on the Great Northern Railway, at about the three hundred and forty-six mile peg, near the Deepwater Station ; aud thence westerly about two hundred chains, passing through travelling stock reserve, measured portions numbered one hundred and four, one hundred and two, a roadway, measured portion numbered fifty- six, a roadway, and measured portion numbered twenty-five, a roadway, measured portions numbered sixty and sixty-one, in the parish of Deepwater, county of Gough ; thence continuing in a westerly direction about four hundred and fifty chains, passing through measured portions numbered fifty-three, sixteen, fifteen, six hundred and five, a roadway, measured portion numbered six hundred and six, a roadway, measured portion numbered seventeen, a roadway, measured portions numbered six hundred and eight, sixty-four, six hundred and twenty-eight, a roadway, measured portion numbered forty-four, a roadway, measured portion numbered forty-live, a road way, measured portion numbered forty-nine, a roadway, measured portion numbered fifty-one, parish of Wellington Vale, and county aforesaid ; thence continuing westerly about two hundred and fifty-three chains, passing through measured portion numbered five hundred and eighty-five, water and forest reserve 8:33", measured portion numbered twenty-nine, a roadway, measured portions numbered six hundred and eight, six hundred and seven, six hundred and six, seven hundred and two, twenty, nineteen, a roadway, parish of Tent Hill, county aforesaid ; thence north-westerly about one hundred and fifty chains, passing through reserves numbered three hundred and sixty-seven, two hundred and fifty-three, one thousand two hundred and sixty-six, water and forest reserve 833 a, reserve at Tent Hill, unsold allotments in Tent Hill village, measured portions
numbered one hundred and four, one hundred and five, a roadway, one hundred and twenty-one, a roadway, one hundred and thirteen, one hundred and fourteen, one, hundred and fifteen, one hundred and sixteen, a roadway, parish of Tent Hill
aforesaid ; thence in a south-westerly direction about four hundred and ninety chains, passing through measured portions numbered one hundred and twenty-three, one hundred and twenty-four, one hundred and twenty-five, one hundred and twenty-six, one hundred and twenty-seven, a roadway, water and forest reserve 833% parish of Tent Hill aforesaid, passing through measured portions numbered five hundred and forty, five hundred and forty-one, two hundred and fifty-six, two hundred and fifty-five, a road way, two hundred and thirty-eight, two hundred and fifty-three, two hundred and twenty-one, two hundred and twenty-five, a roadway, two hundred and twenty-four, two hundred and twenty-seven, two hundred and twenty-eight, parish of Stratlibogic,
| north county aforesaid ; aud passing through measured portion numbered one hundred | and sixteen, a roadway, one hundred and nineteen, a roadway, one hundred and ninety- |
| six, one hundred and eighty-nine, one hundred and eighty-eight, a roadway, five hundred and twenty, five hundred and twenty one, five hundred and twenty-two, five hundred and twenty-three, a roadway, five hundred and twenty-six, five hundred and twenty-seven, parish of Scone, county aforesaid; thence westerly about one hundred and thirty chains, passing through measured portions numbered seven hundred and eight, seven hundred and seven, seven hundred and six, a roadway, seven hundred and five, seven hundred and four, seven hundred aud three, a roadway, parish of Strathbogie, county aforesaid; thence south-westerly about two hundred and thirty chains, passing through measured portions numbered six hundred and ninety-nine, six hundred and ninety-eight, six hundred and ninety-five, a roadway, twelve, a roadway, eleven, water and forest reserve 833", mineral lease numbered thirty, measured portion numbered twenty-one, in the parish aforesaid ; thence westerly about twenty chains, across the river Severn, passing through mineral leases numbered twenty-two, one thousand and twenty-three, in the parish of Gordon, county of Gough ; thence south-westerly about eighty chains, passing through mineral leases numbered one thousand and twenty-two, one thousand and twenty-one, one thousand and twenty, travelling stock reserve six thousand three hundred and thirteen, in the parish aforesaid ; thence south-westerly about forty chains, passing through travelling stock reserve numbered six thousand three hundred and thirteen, and into mineral lease application numbered two thousand one hundred and seventy-five, at the Mount Galena silver mines, in the parish aforesaid,—a total distance of about twenty- five miles forty-three chains. |
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