Government Railways Act 1858 No 22a (NSW)
No. XIX.
the reign of Her said Majesty intituled " An Act to establish and " incorporate a Company to be called The Hunter River Railway " Company " certain persons were united into another Company for making completing and maintaining a Railway from the City of New castle to the toAvns of East Maitland and West Maitland in the said Colony An Act to make more effectual provision for the construction by the Government of Kailways in the Colony of New South Wales and for the regulation of the same. [24£/i November, 1858.]
WH E R E A S by an Act of Council passed in the thirteenth year of the reign of Her Majesty Queen Victoria intituled " An Act to incorporate a Company to be catted The Sydney Railway Company" certain persons Avere united into a Company for making completing and maintaining Railways in the Colony of NeAV South Wales And
Avhereas by another Act of Council passed in the seventeenth year of
Colony And whereas by another Act intituled " An Act to make
" provision for the construction by the Government of Railways in the
" Colony of Neic South Wales" passed in the eighteenth year of the reign of Her said Majesty it was enacted that it should be lawful for the Governor to nominate and appoint three fit and proper persons to
be Commissioners for making completing and maintaining Railways
throughout the said Colony and that the Commissioners so to be appointed should constitute a body corporate by the name style and title of " The Commissioners for Railways " and further that it should
be lawful for the Governor by and with the advice of the Executive
Council in the name and on behalf of Her Majesty to purchase the Railways and other works with all their lands buildings and other here- ditaments stock and appurtenances whatsoever belonging to or vested in the Sydney Railway Company and the Hunter River Railway Com pany respectively and that upon the completion of any such sale the Railways and other works with all their hereditaments stock and appur tenances whatsoever and all the powers authorities privileges and immu nities whatsoever belonging to or possessed by such Company selling tin; same should thenceforth be vested in the said Commissioners And whereas the Governor by and with the advice of the Executive Council hath in the name and on behalf of Her Majesty purchased of the said Companies respectively the Railways and all other property whatsoever belonging to or vested in them and the same are now vested in the Commissioners for Railways appointed by the Governor under and in pursuance of the lastly recited Act And Avhcreas it is expedient t h a t the several Acts hereinbefore recited and also a certain other Act passed in the nineteenth year of Her Majesty's reign intituled " An Act to make further provision for the Regulation of Railways" should
be repealed and that more effectual provision be made for the making
of Railways by the Government and for the regulation of the same Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of t he Legislative Council and the Legis lative Assembly of New South Wales in Parliament assembled and by the authority of tin; same as follows :—•
1. Prom and after the first day of December one thousand eight hundred and fifty-eight the said several recited Acts and all the poAvers provisoes and directions therein respectively contained shall be and the same are hereby repealed Provided nevertheless that every contract purchase conveyance act matter proceeding and thing already made done executed commenced or instituted by virtue or in pursuance of
| the said recited Acts or any of them shall be and the same is hereby | declared to be as good valid and effectual to all intents and purposes |
| Avhatsoever as if the said Acts had not been hereby repealed. | |
| 2. All the Railways lands tenements buildings hereditaments and property of wdiatcver nature and all powers rights remedies and capacities in respect thereof Avhich lately Avere or now are Arested in or | |
| held in trust for the said Companies or the said Commissioners for Railways or any of them shall vest in or be held in trust for t he Commissioner for Railways to be appointed under this Act and all or the said Commissioners or either of them shall be recoArerable by or moneys due and owing by or to or on account of the said Companies | |
| from the Commissioner for Railways to be appointed under this Act | |
| and all contracts agreements mortgages bonds covenants or securities | |
| made and entered into with or in favour of or by or for the said Com panies or the said Commissioners or any of them or any person on their behalf shall take effect and may be proceeded on and enforced by | |
| and against a n d Avith reference to and in the name of the Commissioner | |
| for Raihvays to be appointed under th is Act as fully in all respects as they migh t have been enforced by against and with reference to flu1 |
5 A — V O L . 4. said said Companies and the said Commissioners or any of them if this Act had not been passed and all questions of compensation for lands taken or injuries committed by the said Companies or Commissioners or any of them under the authority of the said recited Acts shall be settled and determined and the amount paid under the provisions of this Act as if the lands had been taken and the injuries occasioned by the Commissioner for Railways to be appointed under this Act.
3. No action suit prosecution or other proceeding' whatsoever commenced or carried on previously to the passing of this Act either by or against the said Companies or the said Commissioners shall abate or be discontinued or be prejudicially affected by force of this Act but the same shall continue and take effect both in favour of and against the Commissioner to be appointed as aforesaid and all judgments decrees and orders made in favour of or against the said Companies or the said Commissioners and all fines and penalties imposed and incurred respec tively under any of the said recited Acts shall be enforced levied recovered and proceeded for by and against and with reference to and in the name of the Commissioner for Railways to be appointed under this Act in such and the like manner as they could have been enforced levied recovered and proceeded for by and against and with reference to and in the name of the said Companies or the said Commissioners if this Act had not been passed.
4. I t shall be lawful for the Governor with the advice of the
Executive Council from time to time to appoint some fit and proper person to be Commissioner for Railways who shall notwithstanding the incorporation of such Commissioner and his successors as herein after provided be deemed to be an officer under the Government of the Colony and shall as such be charged with the duty of carrying into effect the provisions contained or referred to in this Act subject to such regulations as shall from time to time be made by the Governor with the advice of the said Council.
5. I t shall be lawful for the Governor with the advice aforesaid to appoint a Secretary Solicitor and such engineers surveyors and other officers and to cause to be employed such agents servants and work men as to the said Governor and Council shall appear necessary and proper for the execution of the powers and duties vested or to be vested in the said Commissioner under the provisions of this Act and under and in pursuance of such orders directions and regulations as aforesaid Provided always that this enactment shall not extend to minor appointments which by this Act or by order of the Governor
and Executive Council may at any time be vested in the Commissioner
appointed under this Act.
0. The Governor with the advice aforesaid shall have power to remove or suspend such Commissioner or any other such officer so appointed by him as aforesaid and as often as any person so appointed shall die resign or become incapable of acting from absence illness or otherwise or shall be removed or suspended it shall be lawful for the Governor with the advice aforesaid in like manner to appoint either permanently or temporarily as the case may require another fit and proper person to be such Commissioner or other officer as aforesaid in the place of the person so dying resigning or becoming incapable or being removed or suspended.
7. Por greater convenience in respect of suits and otherwise the Commissioner so to be appointed as aforesaid and his successors in office shall be and they are hereby constituted a corporation sole by the name style and title of " The Commissioner for Railways " and by that name shall have perpetual succession and an official seal and shall and may sue and be sued plead and be impleaded answer and be answered unto defend and be defended and take all legal proceedings
in
in all Courts a n d places whatsoever and shall have power and authority
to purchase and hold lands to him and his successors and assigns for the use of the said Railways and works and generally for the purposes of carrying this Act into effect and also to sell dispose of and. convey the said lands again if necessary.
8. All contracts and other agreements with any person for the purchase of lands materials and stock and for engaging to execute perform and construct any Avorks Avhich shall be authorized to be made under and in pursuance of the provisions hereof and also for the use and management of Raihvays and the collection of the tolls payable
in respect thereof shall be in the name of the said Commissioner and
al l such cont rac ts may be made as follows (that is to say)—
With respect to any contract which if made betAveen private persons would be by law required to be in writing and under seal the Commissioner may make such contract in
Avriting and under his official seal and in the same manner
may vary or discharge the same
With respect to any contract which if made between pri\'ate persons Avould be by law required to be in Avriting and signed by the parties to be charged therewith the Commis sioner may make such contract in Avriting and in the same manner may vary or discharge the same
With respect to any contract which if made between private persons would by laAV be A~alid although made by parol only and not reduced into Avriting the Commissioner may make such contract by parol only Avithout Avriting and in t he same manner may vary or discharge the same
And all contracts made according to the provisions herein contained shall be effectual in laAV and shall be binding upon the said Commis sioner and his successors in office on behalf of Her Majesty and all other par t ies thereto their heirs executors or administrators as the case
m a y be and on any default in the execut ion of any such contract either b y the Commissioner or any other party thereto such actions or suits
may be brought either by or against the Commissioner as might be brought had the same contracts been made betAveen private parties only.
9. Copies of the plans sections and books of reference of every
Railway Avhieb it is intended to construct shall be from time to time
prepared by the Government and laid before Parliament and Avhenever
by a Resolution of both Houses it shall be kuvful for the Governor such plans sections and books of reference shall have been approAed of
with the advice of the Executive Council to cause lines of Railway
with all proper Avorks and conveniences connected thercAvith to be rnade
in accordance with such Resolutions and to make such rules and regu lat ions and to give such orders and directions for the due carrying out
and execut ion of such works and for the effective control and direction of the said Commissioner and other officers in carrying out and exe cuting the same as shall appear most expedient for the interests of the public.
10. Por the purposes of this Act and subject to such orders directions and regulations as aforesaid i t shall be lawful for the Com missioner and all persons by him authorized to enter into and upon the lands and g rounds of any person Avhomsoever and to survey and take levels of the same and to ascer ta in and stake; or set out take
and appropriate for the purposes herein mentioned such parts thereof
as may be necessary and proper for the laying out making and using
any Railway and all other works matters and conveniences connected thereAvith and in or upon such lands or any lands adjoining or con
tiguous thereto to bore dig cut trench embank and sough remove or
lay
lay take carry away and use any earth stone t imber gravel or sand or any other ma te r i a l s or th ings which may be dug raised or obtained
the re in in m a k i n g such Railway and other works out of any lands cont iguous or adjoining the re to and which may be proper or neces sary for making maintaining altering repa i r ing or us ing any such
Railway and other works by this Act author ized or which may h inder
p reven t or obstruct the m a k i n g ma in t a in ing a l te r ing repa i r ing or us ing the same respectively and also to make or cons t ruct in upon across unde r or over any lands streets roads r ivers s t reams or other
waters within t he lands described in the p lans or mentioned in the books of reference of any line of Railway or any correct ion thereofsuch t e m p o r a r y or p e r m a n e n t incl ined planes t u n n e l s e m b a n k m e n t s aqueducts bridges roads ways passages conduits dra ins piers arches
cu t t ings and fences as shall be considered necessary and also to alterthe course of any rivers not navigable s t reams or Avatercourses for
the purpose of cons t ruc t ing a n d m a i n t a i n i n g tunnels br idges passages
or o ther Avorks over or u n d e r the same or for any other necessary purpose and also to divert or alter as Avell t emporar i ly as p e r m a n e n t l y the course of any such r ivers or s t reams of Avater streets roads or Avays or to raise or sink the leArel of any such r ivers or s t reams roads streets or
Avays in order the more convenient ly to carry the same over or unde r or
by the side of any such Railway as may be thought proper a n d to makedra ins or condui ts into t h r o u g h or unde r any lands adjoining the Rail
way for the purpose of conveying Avater from or to the Raihvay and also
in or upon any such Railway or any lands adjoining or near t he re to to erect and construct such houses Avarehouses offices and other bu i ld ings
yards s tat ions Avhaiwes engines mach inery appa ra tus and other works and
conveniences as shall be t h o u g h t requis i te and also from time to time
to a l ter repair or discont inue the before-mentioned Avorks or any of
them and to subs t i tu te o thers in their stead and Avhere any Railway shall pass t h r o u g h any Avoodlands or forests it shall be lawful for the Commissioner and all persons by him authorized their agents a n dservants to fell or remove any trees s t and ing thereon Avithin the dis tance of fifty yards from ei ther side of such Railway and genera l ly
to do all other acts necessary for m a k i n g ma in t a in ing altering or repa i r ing and us ing the Raihvay Provided always that in the exercise of the poAvers by th i s Act g ran ted the said Commissioner and all other persons shall do as l i t t le damage as may be and that if required full satisfaction shall be made in m a n n e r here in provided to all persons
in teres ted in any lands or hereditaments which shall have been taken
used or in jured or prejudicial ly affected for all damages by them sus ta ined by reason of the exercise of such powers. 11. The lands to be taken or used for any line of Raihvay shall not exceed one h u n d r e d yards in Avidth except where a greater Avidth shall be j u d g e d necessary for an approach to the Raihvay or for Avagons
and o ther carr iages to turn remain s tand in lie or pass each other or for raising e m b a n k m e n t s for crossing valleys or IOAV g rounds or in
cu t t i ng t h r o u g h high g round or for the erection or es tab l i shment of any fixed or p e r m a n e n t mach ine ry toll-house Avarehouses wharf or o the r erect ions and bui ld ings or for excavat ing removing or depositing earth or other materials Provided always that n o t h i n g here in con ta ined shall au thor ize the Commissioner or any person ac t ing u n d e r the au thor i ty of this Act to take injure or damage any messuage dAvelling-house or other p e r m a n e n t bu i ld ing or the immediate appur
t enances thereof Avithout the consent in Avriting of the OAvner and occupier thereof respectively until after the expirat ion of six calendar
months from the time the Commissioner shall have given not ice to the OAvner thereof that the same is requi red for the purpose of this Act as hereinafter mentioned.
12. When and as often as the Governor with the advice of the Executive Council shall deem it expedient to make a Railway in any part of the Colony and shall authorize the making of the same the Commissioner shall before commencing any such Railway and subject to such orders directions and regulations as aforesaid cause to be made and taken levels and surveys of the country and lands through which such Railway is to be carried together with a map or plan of the said line and of the lands through which it is to pass and also a book of reference in which shall be set forth a description of the said several lands and the names of the owners and proprietors thereof so far as the same shall be known or can with reasonable diligence be ascertained with a description of the said lands setting forth the bearings of such Railway as the case may require and the nature and quality state of cultivation the inclosures (if any) and the quantity of such land which may be required for the purpose of making such Railway.
13. Whenever any such map or plan and book of reference shall be primarily approved of by the Governor and the Executive Council notice thereof shall be given by the Commissioner by advertisement in the Government Gazette which notice shall set forth generally the extent and direction of the intended line of Railway and shall refer to such map or plan and book of reference to be seen at the office of the Commissioner at Sydney and shall call upon all persons interested in the lands to be affected by the said intended Railway to set forth in writing to the said Commissioner within one month from the first pub lication of such notice any well-grounded objection that may appear to them to exist to the adoption of the said line of Railway or any part thereof or of any works proposed in connection therewith and if any such ob jection shall be made the same shall be considered by the Governor and Executive Council who shall after due consideration thereof confirm or alter and confirm with alterations the said map or plan and book of reference as to the said Governor and Council shall seem meet and thereupon notice shall be given by the Commissioner in the Government Gazette of such confirmation with or without alterations as the case may be.
11. The said map or plan and book of reference as so altered or
| confirmed shall be kept in the office of the Commissioner at Sydney and true copies thereof signed by the Commissioner shall be deposited with the Clerks of Petty Sessions of the districts into or through which such Railway shall be intended to be carried and such map or plan and book of reference and such copies thereof respectively shall be | exhibited at all convenient times for public examination from the day | of the date on which the notice of intention to make such Railway as |
| hereinafter provided shall be first published and all persons shall have free liberty and permission at all proper and convenient times to view and examine the said map or plan and book of reference or copies as aforesaid. | ||
| 15. If any omission misstatement or erroneous description shall have been made of any lands or of the owners lessees or occupiers of any lands described on the plans or books of reference of any line it shall be lawful for the Commissioner after having given ten days' notice to the owners of the lands affected by such proposed correction and subject to such orders directions and regulations as aforesaid to lodge amended plans and books of reference in the same manner as the original books of reference and thereupon such original plans or books of reference shall be deemed to be so corrected and it shall be lawful for the Commissioner to make the works in accordance therewith. | ||
| 16. The Commissioner shall by advertisement in the Govern ment Gazette and in one or more of the Sydney newspapers forty days before commencing any Railway give notice that it is intended to |
make
make the said Railway between certain places therein to be specified according to a map or plan and book of reference to be seen in the office of the Commissioner at Sydney and at the offices of the said Clerks of Petty Sessions and in case any material deviation from the said line indicated in such map or plan shall at any time afterwards be deemed by the said Governor and Executive Council to be desirable the like notices as aforesaid shall be given by the Commissioner rela tive to the proposed deviation.
17. I t shall be lawful for the Commissioner subject to such orders directions and regulations as aforesaid to agree with the owners of any lands by this Act authorized to be taken and which shall be required for the purposes of this Act and with all parties having any estate or interest in such lands or by this Act enabled to sell and con vey the same for the absolute purchase for and on behalf of Her Majesty for a consideration in money of any such lands or such parts thereof as shall be thought proper and of all estates and interests in such lands of what kind soever.
18. I t shall be lawful for all parties being seised possessed of or entitled to any such lands or any estate or interest therein to sell and convey or release the same to the Commissioner for and on behalf of Her Majesty and to enter into all necessary agreements for that purpose and particularly it shall be lawful for all or any of the follow ing parties so seised possessed or entitled as aforesaid so to sell convey or release (that is to say) all corporations tenants in tail or for life married women seised in their own right or entitled to dower guardians committees of lunatics and idiots trustees or feoffees in trust for charitable or other purposes executors and administrators and all parties for the time being entitled to the receipt of the rents and profits of any such lands in possession or subject to any estate in dower or to any lease for life or for lives and years or for years or any less interest and the power so to sell and convey or release as aforesaid may lawfully be exercised by all such parties other than married women entitled to dower or lessees for life or for lives and years or for years or for any less interest not only on behalf of themselves and their respective heirs executors administrators and successors but also for and on behalf of every person entitled in rever sion remainder or expectancy after them or in defeasance of the estates of such parties and as to such married women whether they be of full age or not as if they we're sole and of full age and as to such guardians on behalf of their wards and as to such committees on behalf of the
lunatics and idiots of whom they are the committees respectively and
that to the same extent as such wives wards lunatics and idiots respec
tively could have exercised the same power under the authority of this Act if they had respectively been under no disability and as to such trustees executors or administrators on behalf of their cestui que trusts whether infants issue unborn lunatics femes covert or other persons and that to the same extent as such cestui quo trusts respectively could have exercised the same powers under the authority of this Act if they had respectively been under no disability and the power hereinafter given to release lands from any rent-charge or incumbrance and to agree for the apportionment of any such rent-charge or incumbrance shall extend to and may lawfully be exercised by every party hereinbefore enabled to sell and convey or release lands to the said Commissioner.19. The purchase money or compensation to be paid for any lands to be purchased or taken from any party under any disability or incapacity and not having power to sell or convey such lands except under the provisions of this Act and the compensation to be paid for any permanent damage or injury to any such lands shall not except where the same shall have been determined by a surveyor appointed
under
under the provisions hereinafter contained he less than shall be deter mined by two Justices or by arbitrators appointed in the manner here inafter provided.
20. I t shall be lawful for the Commissioner subject to such orders directions and regulations as aforesaid in addition to the lands authorized to be compulsorily taken by him as aforesaid to contract with any party willing to sell the same for the purchase for and on behalf of Her Majesty of any lands for the purpose of making and providing additional stations yards wharves sterlings and places for the accommodation of passengers and for receiving depositing and loading or unloading goods or cattle to be conveyed upon any Railway under the authority of this Act and for the erection of weighing machines toll-houses and other buildings and conveniences and for any other purpose that may be deemed requisite or convenient for the use of the Railways and it shall be lawful for all parties who under the provisions hereinbefore contained would lie enabled to sell and convey lands to sell and convey the lands so authorized to be purchased for the last-mentioned purposes.
21. I t shall be lawful for the Commissioner under such orders
and directions as aforesaid to sell and convey the lands which he may have so aeqrured for extraordinary purposes as aforesaid or any part thereof in such manner and for such considerations and to such persons as he may think fit and again to purchase other lands for the like pur poses and afterwards sell and convey the same and so from time to time.
22. When the map or plan and book of reference of any line of Railway intended to be made shall have been confirmed as herein before required the Commissioner shall give notice of the lands taken or required tor the said Railway to all the parties interested in such land or to the parties enabled by this Act to sell and convey or release the same or such of the said parties as shall after diligent inquiry be known to the Commissioner and by such notice shall demand from such parties and the said parties are hereby required to deliver to the said Commissioner the particulars of their estate and interest in such lands and of the claims made by them in respect thereof and every such notice shall state the particulars of the lands so taken or required as aforesaid and that the Commissioner is willing to treat as to the compensation to be made to all parties for the lands taken or to be taken and the damage sustained or that may be sustained by them by reason of this Act.
| 23. All notices required to be served by the Commissioner upon the parties interested in or entitled to sell any such lands shall | either be served personally on such parties or left at their last usual |
| place of abode (if any such can after diligent inquiry be found) and in case any such parties shall be absent from the Colony or cannot be found after diligent inquiry shall be left with the occupier of such lands or if there be no such occupier shall be advertised not less than three times in one or more daily newspapers published in Sydney. |
21. If for twenty-one days after the service of such notice any
such party shall fail to treat with the Commissioner in respect of any such land or if such party and the Commissioner shall not agree as to the amount of the compensation to be paid by the Commissioner for the interest in such lands belonging to such party or which he is by this Act enabled to sell or for any damage that may be sustained by him by reason of the execution of the works the amount of such compensation shall be settled in the manner hereinafter provided for settling cases of disputed compensation but the owner or party claim ing compensation shall not be at liberty to institute any proceeding for recovery of his claim until after the expiration of fourteen days from the delivery of the particulars required by this Act to be furnished
by
by him Provided that if no claim shall he made within twelve months after such notice as aforesaid by the party entitled to make such claim the same shall he deemed to have been waived and abandoned.
25. If no agreement be come to between the Commissioner and the owners of or parties by this Act enabled to sell and convey or release any lands taken or required for or injuriously affected by the execution of any of the powers hereby granted or any interest in such lands as to the value of such lands or of any interest therein or as to the compensation to be made in respect thereof and if in any such case the compensation claimed shall not exceed one hundred pounds the same shall be settled by two Justices and if the compensation claimed or offered shall exceed one hundred pounds the same shall be settled by arbitrators as hereinafter provided.
20. I t shall be lawful for any Justice upon the application of either party Avith respect to any question of disputed compensation by this Act authorized to be settled by two Justices to summon the other party to appear before two Justices at a time and place to be named in the summons and upon the appearance of such parties or in the absence of any of them upon proof of due service of the summons it shall be lawful for such Justices to hear and determine such question and for that purpose to examine such parties or any of them and their witnesses upon oath and the costs of every such inquiry shall be in the discretion of such Justices and they shall settle the amount thereof Provided always that if the amount awarded by the Justices shall be one-fourth less than the amount claimed the owner of the land or person claiming compensation shall pay to the Commissioner the cost of and occasioned by the inquiry.
27. When any question of disputed compensation or any dispute or other matter authorized or directed by this Act to be settled by arbitration shall have arisen then unless both parties shall concur in the appointment of a single arbitrator each party on the request of the other party shall nominate and appoint an arbitrator to whom such dispute or other matter shall be referred and every appointment of an arbitrator shall be made on the part of the Commissioner under his hand and official seal and on the part of any other party under the hand of such party or if such party be a corporation aggregate under the common seal of such corporation and such appointment shall be delivered to the arbitrator or arbitrators and shall be deemed a sub mission to arbitration on the part of the party by whom the same shall be made and after any such appointment shall have been made
neither party shall have power to revoke the same without the consent
of the other nor shall the death of either party to such submission
operate as a revocation and if for the space of fourteen days after any such dispute or other matter shall have arisen and after a request in writing in which shall be stated the matter so required to be referred to arbitration shall have been served by the one party on the other party to appoint an arbitrator such last-mentioned party fail to appoint such arbitrator then upon such failure the party making the request and having himself appointed an arbitrator may appoint such arbitrator to act on behalf of both parties and such arbitrator may proceed to hear and determine the matters which shall be in dispute and in such case the award or determination of such single arbitrator shall be final and conclusive except as hereinafter provided.
28. If before the matter so referred shall be determined any arbitrator appointed by either party die or become incapable or refuse or for fourteen days neglect to act as arbitrator the party by whom such arbitrator was appointed may nominate and appoint in writing- some other person to act in his place and if for the space of seven days after notice in writing from the other partv for that purpose he fail to
do
do so the remaining or other arbitrator may proceed alone and every arbitrator so to be substituted as aforesaid shall have the same powers and authorities as were vested in the former arbitrator at the time of such his death refusal neglect or disability as aforesaid.
29. Where more than one arbitrator shall have been appointed such arbitrators shall before they enter upon the matters referred to them nominate and appoint by writing under their hands an umpire to decide any matters on which they shall differ or which shall be referred to him under the provisions of this Act and if such umpire shall die or become incapable to act or refuse or for seven days neglect to act after being called upon to do so by the arbitrators they shall forthwith after such death incapacity refusal or neglect appoint another umpire in his place and the decision of every such umpire on the matters so referred to him shall be final.
30. If in either of the cases aforesaid the arbitrators shall refuse or shall for seven days after request of either party to such arbitration neglect to appoint an umpire it shall be lawful for any Judge of the Supreme Court on the application of cither party to such arbitration to appoint an umpire and the decision of such umpire on the matters on which the arbitrators shall differ or which shall be referred to him under this Act shall be final.
31. If when a single arbitrator shall have been appointed such arbitrator shall die or become incapable to act before he shall have made his award or shall refuse or for fourteen days neglect to act the matters referred to him shall be determined by arbitration under the provisions of this Act in the same manner as if such arbitrator had not been appointed.
32. If where more than one arbitrator shall have been appointed either of the arbitrators refuse or for seven days neglect to act the other arbitrator may proceed alone and the decision of such other arbitrator shall be as effectual as if he had been the single arbitrator appointed by both parties.
33. If where more than one arbitrator shall have been appointed and where neither of them shall refuse or neglect to act as aforesaid such arbitrators shall fail to make their award within twenty-one days after the day on which the last of such arbitrators shall have been appointed or within such extended time if any not being greater in the whole than six months as shall have been appointed for that purpose by both of such arbitrators under their hands the matters referred to them shall be determined by the umpire appointed asaforesaid.
| 3 4 The said arbitrators or their umpire may call for the production of any documents in the possession or power of either party which they or he may think necessary for determining the question in dispute and may examine the parties or their witnesses on oath and administer the oaths necessary for that purpose. |
35. Before any arbitrator or umpire shall enter into the con sideration of any matters referred to him he shall in the presence of a Justice of the Peace make and subscribe the following declaration that is to say :—•
I
do solemnly and sincerely declare that I have no interest either directly or indirectly in the property in question and that I will faithfully and honestly and to the best of my skill and ability hear and determine the matters referred to me under the provisions of an Act intituled " An Act to make more effectual provision for " the construction by the Government of Railways in the " Colony of New South Wales and for the regulation of
" such Railways.'" A. B. Made and subscribed in the presence of
5 B — V O L . 4. And And such declaration shall he annexed to the award when made and if any arbitrator or umpire having made such declaration shall wilfully act contrary thereto he shall be guilty of a misdemeanor.
36. All the costs of any such arbitration and incident thereto to be settled by the arbitrators shall be borne by the Commissioner unless the arbitrators shall award the same or a less sum than shall have been offered by the Commissioner in which case each party shall bear his own costs incident to the arbitration and the costs of the arbitrators shall be borne by the parties in equal proportions but if the sum awarded shall be one-fourth less than the amount claimed the whole costs of and incident to the arbitration and award shall be borne by the claimant and the arbitrators shall direct the payment of the same accordingly Provided that if either party shall be dissatisfied with the costs allowed by the arbitrators as aforesaid the costs may be taxed by the Prothonotary or other proper officer of the Supreme Court and the amount allowed by such officer shall be the amount to be paid.
37. The arbitrators shall deliver their award in writing to the Commissioner and the Commissioner shall retain the same and shall forthwith on demand furnish a copy thereof to the other party and shall at all times on demand produce the said award and allow the same to be inspected or examined by such party or any person appointed by him for that purpose.38. The submission to any such arbitration may be made a rule of the Supreme Court on the application of either of the parties.
39. No award made with respect to any question referred to arbitration under the provisions of this Act shall be set aside for irregularity or error in matter of form.
40. I n any case where reference shall be made to arbitration as aforesaid the Supreme Court or a Judge shall have power at any time and from time to time to remit the matters referred or any or either of them to the re-consideration and re-determination of the said arbitrators or umpire as the case may be upon such terms as to costs and other wise as to the said Court or Judge may seem proper.
41. If the compensation awarded by the arbitrators shall exceed the sum of three hundred pounds and either party shall be dissatisfied with the award and shall desire to have the compensation settled by a jury and shall within fourteen days after making the award and
notice thereof signify such desire by notice in writing to the other
party then no steps shall be taken to enforce performance of the awardout the party claiming compensation shall proceed by action in the Supreme Court in the usual manner to recover from the Commissioner the compensation to which he may be entitled under the provisions of this Act and if upon the trial of the said action the verdict shall be for a greater sum than the sum previously offered by the Commis sioner and awarded by the arbitrators all the costs of the said action and of the arbitration and award shall be borne by the said Commis sioner and if the verdict be given for a less sum than the sum so awarded all the costs of the said action and of the arbitration and award shall be borne by the claimant but if the verdict of the jury shall be for the same sum awarded by the arbitrators all the costs of the said action and of the arbitration and award shall be paid by the party requiring the same to be referred to a jury and in every such case the costs of the arbitration and award shall be added to and be recoverable as the costs of the action.
42. The purchase money or compensation to be paid for any
lands to be purchased or taken by the Commissioner from any party
who
who b y reason of absence from the Colony is prevented from treating or who cannot after diligent inquiry be found and the compensation to be paid for any permanent injury to such lands shall be such as shall be determined by the valuation of a competent surveyor and valuator nominated for that purpose as hereinafter mentioned.
43. Upon application by the Commissioner to two Justices and
upon such proof as shall be satisfactory to them that any such party is by reason of absence from the Colony prevented from treating or cannot after diligent inquiry be found such Justices shall by writing under their hands nominate a competent surveyor and valuator for determining such compensation as aforesaid and such surveyor shall determine the same accordingly and shall annex to his valuation a declaration i n writing subscribed by him of the correctness thereof.
44. Before such surveyor and valuator shall enter upon the
duty of making such valuation as aforesaid he shall in the presence of such Justices or one of them m a k e and subscribe the following dccla ration at the foot of such nomination that is to say :—
" I A. B. do solemnly and sincerely declare that I have no " interest directly or indirectly in the property in question " and that I will faithfully impartially and honestly " according t o the best of my skill and ability execute the " duty of making t h e valuation hereby referred to me."
Made and subscribed in 1 A. B.
the presence of J
And if any such surveyor shall corruptly make such declaration or having made such declaration shall wilfully act contrary thereto he shall be guilty of a misdemeanor and the said nomination and declaration shall be annexed to the valuation to be made by such surveyor and valuator and shall be delivered to the Commissioner to be kept for the purpose and in the manner hereinbefore provided in case of awards and all the expenses of and incident to every such valuation sha l l be borne b y the sa id Commissioner.
45. I n estimating the purchase money or compensation to be
paid under any of the provisions of this Act regard shall be had by the Justices arbitrators jury or surveyor as the case may be not only to the value of t h e l a n d purchased or taken by the Commissioner on behalf of Her Majesty as aforesaid but also to the damage (if any) to be sustained by the owner of the lands by reason of the severing of the lands taken from the other lands of such owner or otherwise
| this Act a n d they shall assess the same according to what they shall | injuriously affecting such other lands by the exercise of the powers of |
| find to have been the value of such lands estate or interest at the time notice was given of such lands being required and without reference to any alteration in such value arising from the establish ment of such Railway and other works. |
46. All moneys Avhich by this Act are directed to be paid by the
Commissioner shall be paid by warrant of the Governor upon the Treasury of the sa id Colony a n d i n all cases where compensation or costs shall be awarded or adjudged to be paid by the Commissioner the amount thereof shall b e p a i d to the party lawfully entitled thereto or to h i s agent duly authorized i n his behalf within one month next after t h e amount of the said compensation or costs shall have been determined b u t in every such case the party claiming payment shall be bound to make out a title to the said lands or to the interest claimed by him therein to the satisfaction of the said Commissioner.
47. If the purchase money or compensation which shall be
payable in respect of any lands or any interest therein purchased or
taken
taken by the Commissioner from any corporation tenant for life or in tail married woman seised in her own right or entitled to dower guardian committee of lunatic or idiot trustee executor or adminis trator or person having a partial or qualified interest only in such lands and not entitled to sell or convey the same except under the provisions of this Act or the compensation to be paid for any permanent damage to such lands amount to or exceed the sum of two hundred pounds the same shall be paid into the hands of the Master in Equity to be by him deposited to the account of such Master in Equity ex parte " The Commissioner for Railways" in the matter of A or B (the party entitled) pursuant to the method prescribed by any Act or by any rules for the time being in force for regulating moneys paid into the Supreme Court in its Equitable Jurisdiction and such moneys shall remain so deposited until the same be applied to some one or more of the following purposes (that is to say)—
I n the redemption of the quit rent or the discharge of any debt or incumbrance affecting the land in respect of which such money shall have been paid or affecting other lands settled therewith to the same or the like uses trusts and purposes or
I n the purchase of other lands or of Government Debentures or other stock to be conveyed limited and settled upon the like uses trusts and purposes and in the same manner as the lands in respect of which such money shall have been paid stood settled orIf such money shall be paid in respect of any buildings taken under the authority of this Act or injured by the proximity of the works in removing or replacing such buildings or substituting others in their stead in such manner as the Supreme Court or the Primary Judge in Equity shall direct or
In payment to any party becoming absolutely entitled to such
money.
48. Such money may be so applied as aforesaid upon an order of the said Court or Judge made on the petition of the party who would have been entitled to the rents and profits of the lands in respect of which such money shall have been deposited and until the money can be so applied it may upon the like order be invested by the said Master in Equity in the purchase of Government or real securities and the interest dividends and annual proceeds thereof paid to the party
who would for the time being have been entitled to the rents and profits of the lands. 49. If such purchase money or compensation shall not amount to the sum of two hundred pounds and shall exceed the sum of twenty pounds the same shall either be paid to the Master in Equity to be by him deposited and applied in the manner hereinbefore directed with respect to sums amounting to or exceeding two hundred pounds or the same may lawfully be paid to two trustees to be nominated by the parties entitled to the rents or profits of the lands in respect whereof the same shall be payable such nomination to be signified by writing under the hands of the party so entitled and in case of the coverture infancy lunacy or other incapacity of the parties entitled to such moneys such nomination may lawfully be made by their respective husbands guardians committees or trustees but such last-mentioned application of the moneys shall not be made unless the Commissioner approve thereof and of the trustees named for the purpose and the money so paid to such trustees and the produce arising therefrom shall be by such trustees applied in the manner hereinbefore directed with respect to monev deposited to the account of the Master in Equity
but
but it shall not be necessary to obtain any order of the Court for that purpose and if such money shall not exceed the sum of twenty pounds the same shall be paid to the parties entitled to the rents and profits of the lands in respect whereof the same shall be payable for their own use and benefit or in case of the coverture infancy lunacy or other incapacity of such parties then such money shall be paid for their use to the respective husbands guardians committees or trustees of such persons.
50. All sums of money exceeding twenty pounds which may be payable by the Commissioner in respect of the taking using or inter fering with any lands under a contract or agreement with any person who shall not be entitled to dispose of such lands or of the interest therein contracted to be sold by him absolutely for his own benefit shall be paid to the Master in Equity or to trustees in manner afore said and it shall not be lawful for any contracting party not entitled as aforesaid to retain to his own use any portion of the sums so agreed or contracted to be paid for or in respect of the taking using or interfering with any such lands or in lieu of bridges tunnels or other accommodation works or for assenting to or not opposing the taking of such lands but all such moneys shall be deemed to have been contracted to be paid for and on account of the several parties interested in such lands as well in possession as in remainder reversion or expectancy Provided always that it shall be in the discretion of the Judges of the Supreme Court or the Primary Judge in Equity or the said trustees as the case may be to allot to any tenant for life or for any other partial or qualified estate for his own use a portion of the sum so deposited or so paid to such trustees as aforesaid as compensa tion for any injury inconvenience or annoyance which he may be considered to sustain independently of the actual value of the lands to be taken and of the damage occasioned to the lands held therewith by reason of the taking of such lands and the making of the works.
51. All payments which shall be made in any of the cases
aforesaid to the parties entitled under this Act to receive the same shall be a good and valid discharge to the Commissioner and he shall not be bound or required to see to the application of any of the moneys paid to the Master in Equity or other person by virtue hereof or to see to the performance of any trusts.
52. Where any purchase money or compensation paid into the
bank under the provisions of this Act shall have been paid in respect
of any lease for a life or lives or years or for a life or lives and years
or any estate in lands less than the whole fee simple thereof or of any
reversion dependent on any such lease or estate it shall be lawful for the
said Court or Judge on the petition of any party interested in such money to order that the same shall be laid out invested accumulated and paid in such manner as the said Court or Judge may consider will give to the parties interested in such money the same benefit there from as they might lawfully have had from the lease estate or reversion in respect of which such money shall have been paid or as near theretc as may be.
53. If the owner of any lands taken or purchased under the authority of the hereinbefore recited Acts or of this Act or of any interest therein on tender of the purchase money or compensation either agreed or awarded to be paid in respect thereof refuse to accept the same or neglect or fail to make out a title to such lands or to the interest therein claimed by him to the satisfaction of the Commissionei or if he refuse to convey or release such lands as directed by the Commissioner or if any such owner be absent from the Colony oi cannot after diligent inquiry be found it shall be lawful for the Com missioner if he shall think fit to deposit the purchase money oi
compensation
compensation payable in respect of such lands or any interest therein in the hands of the Master in Equity to be by him deposited as aforesaid to his account to the credit of the parties interested in such lands (describing them so far as the Commissioner can do) subject to the control and disposition of the said Court.
54. Upon the application by petition of any party making
• claim to the money so deposited as last aforesaid or any part thereof
or to the lands in respect whereof the same shall have been so deposited or any part of such lands or any interest in the same the said Court or Judge may in a summary way as to such Court or Judge shall seem fit order such money to be laid out or invested in the purchase of Government or real securities or may order distribution thereof or payment of the dividends thereof according to the respective estates titles or interest of the parties making claim to such money or lands or any part thereof and may make such other order in the premises as to such Court or Judge shall seem fit.
55. If any question arise respecting the title to the lands in respect whereof such moneys shall have been so paid or deposited as aforesaid the parties respectively in possession of such lands as being the owners thereof or in receipt of the rents of such land as being entitled thereto at the time of such lands being purchased or taken shall be deemed to have been lawfully entitled to such lands until the contrary be shewn to the satisfaction of the Court and unless upon such inquiry as the Court shall think fit to direct the contrary be shewn as aforesaid the parties so in possession and all parties claiming under them or consistently with their possession shall be deemed entitled to the money so deposited and to the dividend or interest of the securities purchased therewith and the same shall be paid and applied accord ingly.
56. In all cases of moneys deposited under the provisions of this Act except where such moneys shall have been so deposited by reason of the wilful refusal of any party entitled thereto to receive the same or to convey or release the lands in respect whereof the same shall be payable or by reason of the neglect of any party to make out a good title to the land required it shall be lawful for the said Court or Judge to order the costs of the following matters including therein all reasonable charges and expenses incident thereto to be paid by the Commissioner (that is to say) the costs of the purchase or taking of the lands or which shall have been incurred in consequence thereof other than such costs as are herein otherwise provided for and the
costs of the investment of such moneys in Government or real securities
and of the re-investment thereof in the purchase of other lands andalso the costs of obtaining the proper orders for any of the purposes aforesaid and of the orders for the payment of the dividends and interest of the securities upon which such moneys shall be invested and for the payment out of Court of the principal of such moneys or of the securities whereon the same shall be invested and of all pro ceedings relating thereto except such as are occasioned by Utigation between adverse claimants Provided always that the costs of one application only for re-investment in land shall be allowed unless it shall appear to the said Court or Judge that it is for the benefit of the parties interested in the said moneys that the same should be invested in the purchase of lands in different sums and at different times in which case it shall be lawful for the Court if it think fit to order the costs of any such investments to be paid by the Commissioner.
57. Conveyances of lands to be purchased or taken under the provisions of this Act may be according to the form in the Schedule A to this Act annexed or as near thereto as the circumstances of the case will admit or by deed in any other form which the Commissioner may
think
think fit and all conveyances made according to the form in the said Schedule or as near thereto as the circumstances of the case will admit shall he effectual to vest the lands thereby conveyed in the Commissioner for and on behalf of Her Majesty and shall operate to merge all terms of years attendant by express declaration or by con struction of law on the estate or interests so thereby conveyed and to bar and to destroy all such estates tail and all other estates rights titles remainders reversions limitations trusts and interests whatsoever of and in the lands comprised in such conveyances which shall have been purchased or compensated for by the consideration therein mentioned but although terms of years be thereby merged they shall in equity afford the same protection as if they had been kept on foot and assigned to a trustee for the Commissioner to attend the reversion and inheritance.
58. The costs of all such conveyances shall be borne by the Commissioner and such costs shall include all charges and expenses incurred on the part as well of the seller as of the purchaser of all conveyances and assurances of any such lands and of any outstanding terms or interest therein and of deducing evidencing and verifying the title to such lands terms or interests and of making out and furnishing such abstracts and attested copies as the Commissioner may require and all other reasonable expenses incident to the investigation deduction and verification of such title.
59. If the Commissioner and the party entitled to any such costs shall not agree as to the amount thereof such costs shall be taxed by the Master in Equity or other proper officer of the Supreme Court upon the application of either party and the Commissioner shall pay what the said Master or other proper officer shall certify to be due in respect of such costs to the party entitled thereto or in default thereof it shall be lawful for any Judge of the Supreme Court to make an order for the payment of the same and the said costs may be recovered in the same way as any other costs payable under any order of the said Court or a Judge thereof and the expense of taxing such costs shall be borne by the Commissioner unless upon such taxation one- sixth part of the amount of such costs shall be disallowed in which case the costs of such taxation shall be borne by the party whose costs shall be so taxed and the amount thereof shall be ascertained by the said Master or other proper officer and deducted by him accordingly in his certificate of such taxation.
| 60. Provided always that after any lands which the Commis tained and finally appropriated for the purposes of a E.ailway>r other | sioner is by this Act authorized to take shall have been set out ascer |
| works in connection therewith such lands and the fee simple and inheritance thereof together with the yearly profits thereof and all the estate use trust and interest of every person therein shall thenceforth be vested in the Commissioner for and on behalf of Her Majesty to and for the purposes of this Act for ever as fully and effectually to all intents and purposes as if the same had been conveyed by the persons legally entitled to sell and convey the said lands but nevertheless the Commissioner may if he think fit in any case demand such conveyance. | |
| 61. If in any case in which according to the provisions of this Act the Commissioner is authorized to enter upon and take possession of any lands required for the purpose of the undertaking the owner or occupier of any such lands or any other person refuse to give up the possession thereof or hinder the Commissioner from entering upon or taking possession of the same it shall be lawful for the Commissioner to issue his warrant to the Sheriff to deliver possession of the same to the person appointed in such warrant to receive the same and upon the receipt of such warrant the Sheriff shall deliver |
possession
possession of any such lands accordingly and the cost accruing by reason of the issuing and execution of such warrant to be settled by the Sheriff shall be paid by the person refusing to give possession and the amount of such costs shall be deducted and retained by the Com missioner from the compensation if any then payable to such party or if no such compensation be payable to such party or if the same be less than the amount of such costs then such costs or the excess thereof beyond such compensation if not paid on demand shall be levied by distress and upon application to any Justice for that purpose he shall issue his warrant accordingly.
62. No party shall at any time be required to sell or convey to the Commissioner a part only of any house or other building or manu factory if such party be willing and able to sell and convey the whole
thereof.
63. If any lands not being situated in a town or built upon shall be so cut through and divided by the works as to leave either on both sides or on one side thereof a less quantity of land than half a statute acre and if the owner of such small parcel of land require the Commissioner to purchase the same along with the other land required for the purposes of this Act the Commissioner shall purchase the same accordingly unless the owner thereof have other land adjoining to that so left into which the same can be thrown so as to be conveniently occupied therewith and if such owner have any other land so adjoin ing the Commissioner shall if so required by the owner throw the the piece of land so left into the adjoining land by removing the fences and levelling the sites thereof and by soiling the same in a sufficient and workmanlike manner.
132. I t shall be lawful for any Railway officer or agent or for
any special constable duly appointed and all such persons as they may call to their assistance to seize and detain any engine driver wagon driver guard porter servant or other person employed upon the Rail
w a y or in repairing and maintaining the works of the said Railway
who shall be found drunk whilst so employed upon the said Railway or who shall commit any offence against any of the regulations or by laws of the Commissioner or who shall Avilfully maliciously or negli gently do any act or shall be guilty of any omission of duty whereby the life or limb of any person passing along or being upon such Railway or the works thereof respectively shall be or might be injured or endangered or whereby the passage of any engine carriage or trains shall be or might be obstructed or impeded and to convey such engine driver guard porter servant or other person so offending or any person counselling aiding or assisting in such offence with all convenient dispatch before any two or more Justices of the Peace without any other warrant or authority than this Act to be dealt with according tolaAV and every person so offending as aforesaid and every person coun
selling aiding or assisting therein sha l l upon conviction before such Justices (upon a complaint in writing) in the discretion of such Justices be imprisoned with or Avithout hard labor for any term not exceeding six months or shall in the like discretion forfeit any sum not exceeding fifty pounds and in default of payment thereof shall bo imprisoned Avith or without hard labor for such period not exceeding six months as such Justices shall appoint unless the penalty be sooner paid.
133. Where in this Act any question of compensation expenses
charges or damages or other matter is referred to the determination of any one Justice or more it shall be laAvful for any Justice upon, the application of either party to summon the other party to appear before one Justice or before tAvo Justices as the case may require at a time and place to b e named in such summons and upon the appearance of such parties or in t h e a b s e n c e of any of them upon proof of due service of the summons it sha l l be laAvful for such one Justice or such two Justices as the case may be to hear and determine such question and for that purpose to examine such parties or any of them and their Avitnesses on oath and the cost of every such inquiry shall be in the discretion of such Justices and they shall determine the amount
thereof.
134. The Commissioner shall publish the short particulars of
the seA'eral offences for Avhich any penalty is imposed b y this Act or by any by-laAV of the Commissioner affecting other persons t h a n t h e RailAA'ay officers or sen ' an t s and of the amount of every such penalty and sha l l cause such particulars to be painted on a board or printed upon paper and pasted thereon and sha l l cause such board to be hung
up
up or affixed in some conspicuous part of the principal place oi business of the Commissioner and where any such penalties are oi local application shall cause such boards to be affixed in some con spicuous place in the immediate neighbourhood to which such penalties are applicable or have reference and such particulars shall be renewed as often as the same or any part thereof is obliterated or destroyed and no such penalty shall be recoverable unless it shall have been published and kept published in the manner hereinbefore required.
135. If any person pull down or injure any board put up or
affixed as required by this Act for the purpose of publishing any by-law or penalty or shall obliterate any of the letters or figures thereon he shall forfeit for every such offence a sum not exceeding five pounds and shall defray the expenses attending the restoration of such board.
136. Every penalty or forfeiture imposed by this Act or by any by-law made in pursuance thereof the recovery of which is not other wise provided for may be recovered by summary proceedings before two Justices according to " T h e Justices Act of 1850 " and the several Acts incorporated therewith.
13*7. If through any act neglect or default on account whereof any person shall have incurred any penalty imposed by this Act any damage to any Railway or other property used in connection therewith shall have been committed by such person he shall bo liable to make good such damage as well as to pay such penalty and the amount of such damages shall in case of dispute be determined by the Justices by whom the party incurring such penalty shall have been convicted and on non-payment of such damages on demand the same shall be levied by distress and such Justices or one of them shall issue their
Avarrant accordingly.
138. I t shall be laAvful for any Raihvay officer or agent and all
persons called by him to his assistance to seize and detain any person who shall haA'c committed any offence against the provisions of this Act and whose name and residence shall be unknown to such officer or agent and convey him with all convenient dispatch before some Justice without any Avarrant or other authority than this Act and such Justice sha l l proceed Avith all c o n v e n i e n t dispatch to the hearing and determining of the complaint against such offender.
139. If a n y party shall feel aggrieved by any determination or
| under the provisions of this Act such party may appeal to the General | adjudication of any Justice with respect to any penalty or forfeiture |
| or Quarter Sessions for the district or place in which the cause of appeal shall have arisen but no such appeal shall be entertained unless it be m a d e within four months next after the making of such determination or adjudication nor unless ten days notice in Avriting of such appeal s t a t i n g the nature and grounds thereof be given to the party a g a i n s t Avhom the appeal shall be brought nor unless the appellant forthwith after such notice enter into recognizances Avith two sufficient suret ies before a Justice conditioned duly to prosecute such appeal and to abide the order of the Court thereon. | |
| 140. At the General or Quarter Sessions for Avhich such notice shall be giA'en the Court shall proceed to hear and determine the | |
| appeal in a summary Avay or they may if they think fit adjourn it to the folloAving Sessions and upon the hearing of such appeal the Court may if they think fit mitigate; any penalty or forfeiture or they may confirm or quash the adjudication and order any money paid by the | |
| appellant or leAaed by distress upon his goods to be returned to him | |
| and also may order such further satisfaction to be made to the party |
5 E — V O L . 4. injured injured as they may judge reasonable and they may make such order concerning the costs both of the adjudication and of the appeal as they may think reasonable.
141. Wherever the word " Railway" is used in this Act it shall be construed to extend to any Railway or Tramway parts or portions extension or branch of any Railways or Tramways constructed or worked under the provisions of this Act and intended for the con veyance of passengers and goods in or upon carriages drawn or impelled by engines or any other locomotive power.
The word " Toll" shall include any rate or charge or other payment payable for any passenger animal carriage goods merchandise articles matters or things conveyed on the Railway.
The word " Goods " shall include things of every kind conveyed
upon the Railway.
Where under the provisions of this Act any notice shall be required to be given to the owner of any lands or where any act shall be authorized or required to be done with the consent of any such owner the word " Owner " shall be understood to mean any person or corporation who under the provisions of this Act would be enabled to sell and convey lands to the Company.
S C H E D U L E A. Form of Conveyance.
I of in consideration of the sum of paid to me (or as the case may be into the hands of the Master in Equ i ty of the Supreme Court or to tenances thereto belonging and all such estate r ight t i t le and interest in and to the same as I am or shall become seised or possessed of or am by the said Act empowered to convey to hold the premises to the said Commissioner his successors and assigns for ever according to the t rue in tent and meaning of the said Act.
of and of two trustees
appointed to receive the same pursuant to the Ac t of Council passed " To make more effectual
"provision for the construction by the Government of Hallways in the Colony of New South
" Wales and for the regulation of the same " ) by the Commissioner for Railways do hereby
convey to the said Commissioner his successors and assigns for and on behalf of H e r Majesty
I n witness whereof I have hereunto set my hand and seal the
in the year of our Lord
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