Great Northern Coal Company's Railway Act of 1908 (NSW)

An Act to enable the Great Northern Coal Company (Limited), a jo in t stock company duly incorporated under the Companies Acts,

1862 to 1900, in the Kingdom of Great

Britain and Ireland, to construct a railway from the Kalingo Esta te , in the parish of Aellalong, and county of Northumberland, to a line constructed by the Aberdare Col­ lieries of New South Wales (Limited), under the provisions of the Aberdare Collieries Railway Act of 1901. [25th November, 1908.]

WH E R E A S the Great Northern Coal Company (Limited), a joint stock company duly incorporated under the Companies Acts,	1862 to 1900, in the Kingdom of Great Britain and Ireland, herein­
after called the company, is opening coal-mines upon the Kalingo estate,
situated in the parish of Aellalong, in the county of Northumberland, near Ellalong, and in order to facilitate communication between the said coal-mines and the Great Northern Railway the said company is desirous of constructing a railway from its said coal-mines to a line hereinafter called the Aberdare. Collieries Railway, constructed by the Aberdare Collieries of New South Wales (Limited), under the provisions of the Aberdare Collieries Railway Act of 1901 : but as part of such proposed railway is intended to be made upon and pass through land believed to be the property of the Crown, bodies cor­ porate, and private persons respectively, the same cannot be made without legislative authority : And whereas the said coal-mines are
likely to prove beneficial to the State, and the public are concerned
in promoting such an increase in and facilities for the supply of coal
for local consumption, steam navigation, and export, as would result
from the construction of the said proposed railway, and traffic on the Great Northern railway would be increased thereby : I t is therefore desirable to authorise by legislative enactment the construction of the said railway, subject to the provisions hereinafter contained, upon payment of compensation to the several parties through whose land the same shall pass for such portion of their respective lands as may
be required to be taken and occupied thereby : B e it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent

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 company or its assigns to make and construct a railway which shall be of the same gauge as the Government railways, namely, four feet eight and a half inches, commencing at a point on the north boundary of portion sixty-seven in the parish of Aellalong, and bearing thence northerly through portions mineral lease three and mineral lease two in the parish of

Cessnock, of which the Hetton Coal Company (Limited) is the lessee, and also along part of the Wollombi-road to the north

boundary of the latter portion ; thence easterly and north-easterly through part of portion two. the property of Messrs. Rouse and

Barry, to its eastern boundary; thence north-easterly through

portion mining permit seventy of three hundred and eighty-three acres one rood five perches, held by tin1 Caledonian Coal Company

(Limited), to the southern boundary of Henry Style's out; hundred acre grant; thence north-easterly and easterly through that portion

the occupier of which is Peter Smith (owner unknown), to its eastern boundary ; thence easterly and south-easterly through portion mining permit seventy aforesaid; thence across the Mount

Vincent to Cessnock-road ; thence south-easterly and north-easterly

through portion mining permit twenty of fifty-one acres and thirty perches, also occupied by the Caledonian Coal Company (Limited), to its eastern boundary ; thence across parts of the urban area of the town of Aberdare and intersecting in a north-easterly direction portions thirty-six, thirty-live, thirty-four, sixty-six, thirty-seven, thirty-eight, and thirty-nine, and Railway-street, to a point on the Aberdare Collieries railway, distant between fifty and sixty chains from its terminus, the whole of the land so described being in the parish and shire of Cessnock, such railway to be in the direction described in the schedule, and to make and construct such loop-lines, stations, and sidings as may be necessary	for the safe and convenient use of the railway to be constructed as
aforesaid, and connecting with the said railway, and to take and use
so much of the said Crown lands, and so much of the lands of private
may require for its said railway, loop-lines, stations, and sidings:
persons through which 1 he said railways shall pass, as the company railway through mineral lease fifteen, dam site lease seventy-six, shall not for a length of twenty chains southerly from the northern boundary
of the said last-mentioned lease, measured from the north-west corner of such lease direct to the second angle southerly of the Wollombi-
road, and thence along part of the western boundary of the said lease,
exceed thirty-three feet in width from the lines of twenty chains

hereinbefore

hereinbefore described. The said railway shall he constructed in a proper and workmanlike manner, to the satisfaction of the Chief

Engineer for Railway and Tramway Construction and the Chief

Commissioner for 11 ail ways and Tramways.
2. The said railway shall he deemed to he a branch railway within the meaning of the sixth section of the Aberdare Collieries Railway Act of 1901, and the company and its assigns shall be deemed to be owners and occupiers of the lands in the said section mentioned ; but nothing in (he said section shall be construed to prohibit or prevent the construction of the said railway in the direction mentioned in 1 he Schedule hereto.

3. The ground and soil of so much of the site of the railway and sidings as passes over or includes the lands of the said owners of lands and over Crown lands respectively, together with such rights of ingress, egress, and regress upon the adjacent land as maybe necessary

for the making and repair of such railway, shall, so far as is necessary for the purpose; of this Act, be vested, by virtue of this Act and
without the necessity of any conveyance, in the company and its assigns in fee-simple : Provided that no lands vested in the Chief Commissioner for Railways and Tramways shall by virtue of this Act

be vested in the company, and nothing herein contained shall prevent

the said owners from carrying on any mining operations beneath the said railway which shall not interfere with the safety of the said railway and the traffic thereon, and the company shall have no further right to the soil of the said lands beneath the surface than shall be requisite for the formation and repairs of the; said road by cutting, embanking, sinking wells, or otherwise : Provided that the said railway, or a portion of the said railway not less than three miles in length, shall be constructed and brought into use within three; years

after the; passing of this Act, and that in default thereof, or if after its
completion the railway or the portion so constructed shall cease1 to be used for two years continuously, all the said lands, including Crown lands, and all the said company's interest and estate therein, shall
revert without any conveyance to the Crown and original owners
thereof, their heirs and assigns, respectively; and if such portion only

is so constructed within three years, so much of the said lands,

including Crown lands hereby vested in the' said company, as are not used for the purposes of the portion so constructed, and the company's interest and estate in such last-mentioned lands, shall revert in manner aforesaid : Provided also that if in the exercise.' of the powers hereby granted it be found necessary to cross-cut through, sink, raise, or use any part of any road so as to render it impassable for, or dangerous or inconvenient to the persons entitled to the use thereof, the company

shall, before the commencement of any such operations, cause; a sufficient road to he made instead of any road interfered with, and

shall

shall at its own expense maintain such substituted road in a state as convenient as the road interfered with, or as nearly as may be. And the company, before it uses the said lands of the owners of land and the said Crown lands respectively, for the purposes aforesaid, shall,

if required so to do, separate the same by a sufficient fence from the

land adjoining thereto, with such gates or cattle stops as may be

necessary for the convenient occupation of such land, and shall also, to all private roads used by it as aforesaid, put up fences, gates, or cattle
stops in like manner in all cases where the same may be necessary to prevent the straying of cattle from or upon the lands traversed by such roads, or upon the said railway l ine; and in case of any difference between the owners or occupiers of such roads and lands and the company as to the necessity for such fences, gates, or cattle stops, then the said company shall put up and erect or construct such fence's,

gates, or cattle stops as any two justices of the peace, after inquiry,

shall deem necessary for the purposes aforesaid on application being

made to them.

4. The railway shall be open to the public use for the conveyance
of coal and goods upon payment, of a toll to the company for the

conveyance of coal of a sum of not exceeding one penny per ton per mile, with a minimum charge of three pence per ton in respect of every

ton of coal for every transit, the person seeking transit supplying and loading his own trucks or on Government waggons, and the company
or Government supplying locomotive power; and all trucks when

emptied shall be conveyed on their return free of charge : Provided always that it shall not be compulsory on the company to supply
locomotive power unless the party seeking the transit guarantee and

bring one hundred tons at least during the twelve working hours, and give notice of the same at least twenty-four hours previously. The railway shall at all times be open to the public for the conveyance of
coal and goods upon payment of a toll to the company for the conveyance of coal of a sum not exceeding one half-penny per ton

per mile, with a minimum charge of two pence per ton in respect of	every ton of coal for every transit, and for goods of a sum not
exceeding one penny half-penny per ton per mile in respect of every
ton of goods for every transit, if the party seeking transit supply the locomotive power as well as the trucks and waggons : Provided that,
so long as the company shall be willing to supply locomotive power,
no other person shall use locomotive power on the line other than the Chief Commissioner for Railways and Tramways: Provided that, if the railway shall be damaged by parties who shall themselves use the railway for transit, and supply locomotive power, the company shall
be entitled to compensation for such damage, to be recovered cither by action in the Supreme Court of New South "Wales, or, if such
damage do not exceed the sum of thirty pounds, summarily before

two

two justices; and, in estimating such damage, the company shall be entitled not only to compensation for the cost of repairing and restoring the railway, but to the consequential damage (if any) sustained by reason of the suspension of transit or otherwise.

5. It shall be lawful for the owners or occupiers of the lands adjoining thereto or traversed by the said railway to lay down upon their own lands any collateral branches of railway, to communicate with the said railway, for the purpose of bringing carriages, trucks, and waggons to or from or upon the said railway, and the company

shall, if required, at the expense of such owners or occupiers, make
openings in the rails and such additional lines of railway as may be

necessary for effecting such communication in places where the

communication can be made with safety to the public and without injury to the said railway, and without inconvenience; to the traffic thereupon ; and the company shall not take any rate or toll or other moneys for the passing of any passengers, coal, and goods, or other things along any branch so to be made by any such owner or occupier or other person. The company shall not be bound to make any such openings in any place which it shall have set apart for any specific purpose with which such communication would interfere, nor upon any inclined plane or bridge, nor in any tunnel. The person making
or using such branch railways shall be subject to all by-laws and

regulations of the company from time to time made with respect to passing upon or crossing the railway and otherwise ; and the persons making or using such branch railway shall be bound to construct and, from time to time as need may require, to renew the offset plates and

switches, according to the most approved plan adopted by the

company under the direction of its engineer, and to provide all

necessary signalmen, switchmen, and all other persons necessary to

prevent accidents on such branch railway or the junction thereof with
the railway line hereby authorised.

6. For the purposes and subject to the provisions hereinafter servants, and workmen, and all other persons by it authorised and contained, it shall be lawful for the company, its deputies, agents,

empowered, to divert or alter the course of any road or way crossing

the railway, or to raise or sink any road or way, in order the more conveniently to carry the same over or under or by the; side of the railway : Provided always that any such works shall be carried out to the satisfaction of the; Cessnock shire council, and all such diversions, alterations, and crossings, and the approaches thereto, shall thereafter be maintained and repaired by the company at its own expense and to the satisfaction of the said Cessnock shire council.

7. I f the1 company does not cause another sufficient road to he;

so made before it interferes with any such existing road as aforesaid,
or, if it fail to maintain all such diversions, alterations, crossings, and

p the

the approaches thereto, it shall forfeit twenty pounds for every day during which such substituted road shall not be made after the existing road shall have been interrupted, or during which such diversions, alterations, crossings, or approaches shall remain in a state

of disrepair, and such penalties shall be paid to the Cessnock shire

council, if a public road, and shall be applied for the purposes thereof, or in case of a private road, the same shall be paid to the owner
thereof: and every such penalty shall be recoverable, with costs, by

action in any of the superior courts.

8. I t shall be lawful for, and at the request of the Chief

Commissioner for Railways and Tramways compulsory upon, the said company, from time to time and at all times, to carry passengers, goods, and live stock upon the said railway or any part thereof, and the said company may make, demand, take, receive, aad recover such
tolls or dues for carrying the same at such rates per mile or other scale of charges as shall be established from time to time by the

company for or in respect of all such passengers, goods, .and livestock which shall be conveyed or transported upon such railway or any part

thereof respectively; and the company is hereby authorised to make

such by-laws and regulations, not inconsistent with this Act and

subject to the approval of the Chief Commissioner for Railways and
Tramways as may be necessary for the regulation of such traffic, and such by-laws or regulations shall be binding upon all persons using or travelling upon the said railway, and any persons offending against such by-laws or regulations shall be liable to a fine not exceeding five pounds for each offence, to be recovered in a summary way before any two justices : Provided always, that if the rates, tolls, or dues that may

be established as aforesaid under and by virtue of this Act shall be

found excessive, it shall be lawful for the Executive Council on the petition of any person to reduce the said rates, tolls, or dues, and to revise them in such a manner as may seem most proper and advisable :

Provided further that the charges made for the carriage of

merchandise, passengers, and live stock shall not exceed the rates

charged on the Government railways of this State.

9. If, in the course of making the railway, the company shall

use or interfere with any road, it shall from time to time make good

all damage done by it to such road to the satisfaction of the Cessnock

shire council; and if any question shall arise as to the damage done to any such road by the company, or as to the repair thereof by it, such questions shall be referred to the determination of two justices, and such justices may direct such repairs to he made in the state of such road in respect of damage done by the company, and within such period as they may think reasonable, and may impose on the company
for not carrying into effect such repairs any penalty not exceeding ten
pounds per day as to such justices shall seem fit, andany such penalty

shall"

shall be paid to the said Cessnock shire council, if a public road, and he applied for the purposes of such road, or if a private road, the same shall he paid to the owner thereof.

10. Until the company shall have made the bridges or other

proper communications which it shall, under the provisions herein contained, have been required to make between lands intersected and the railway, and no longer, the owners and occupiers of such lands, and any other person whose right-of-way shall be affected by the want
of such communications, and their respective servants, may at all
times freely pass and re-pass with carriages, horses, and other animals directly but not otherwise across any part of the railway made in or through their respective lands solely for the purpose of occupying the same lands, or for the exercise of such right-of-way, and so as not to obstruct the passage along: the railway, or to damage the same. Nevertheless, if the owner or occupier of any such lands have, in his arrangements with the company, received or agreed to receive compensation for or on account of any such communications instead

of the same being formed, such owner or occupier, or those claiming

under him, shall not be entitled so to cross the railway.

11. I f the railway cross any public highway or parish road, or

if a road crossing or meeting the railway line be provided at any

future date, under the powers contained in the Acts relating to the establishment of public roads on a level, the; company shall erect and at

all times maintain to the satisfaction of the said Cessnock shire council

good and sufficient gates across such road on each side of the railway where the same shall communicate therewith, and shall employ proper persons to open and shut such gates, and such gates shall be kept constantly closed across such roads on both sides of the railway, except during the time when horses, cattle, sheep, pigs, carts, or carriages passing along the same shall have to cross such railway ; and such gates shall be of such dimensions and so constructed as when closed to fence in the railway and prevent cattle or horses passing along the road from entering upon the railway; and the person entrusted with the care

cattle, carts, or carriages shall have passed through the same, under a	of such gates shall cause the same to be closed as soon as such horses,
penalty not exceeding forty shillings for every default therein, to he recoverable before any two justices in a summary way : Provided always that it shall be lawful for the Cessnock shire council, in any
casein which it shall be satisfied that it will be more conducive to
the public safety that the gates or any level crossing over any such road shall be kept (dosed across the railway, to order that such gates shall be kept so closed instead of across the road, and in such case such gates shall be kept constantly closed across the railway, except when engines or carriages passing along the railway shall have occasion to cross such road in the same manner and under the like penalty as

above

above directed with respect to the gates being kept closed across the road : Provided also that on the application of the company the

Cessnock shire council may at discretion authorise the construction

of cattle stops across the railway in lieu of gates across the road,

and such cattle stops shall be constructed and maintained to the

satisfaction of the said Cessnock shire council. The Cessnock shiro council may, however, at any future time, if it considers it necessary for the public safety, withdraw such permission and order the erection

of gates and the provision of persons to open and shut them as

hereinbefore provided, and such gates and persons shall be provided
by the company without compensation for any loss or expense caused

by the alteration.

12. In case of accidents or slips happening or being apprehended

to the cuttings, embankments, or other works of the said railway, it shall be lawful for the company and its workmen and servants to enter upon the land adjoining thereto at any time whatsoever for the purpose of repairing or preventing such accidents, and to do such works as may be necessary for the purpose; but in every such case the company shall, within forty-eight hours after such entry, make a report to the Secretary for Public Works, specifying the nature of such accident or apprehended accident, and of the works necessary to lie done, and such powers shall cease and determine if the said

Secretary shall, after considering the said report, certify that their exercise is not necessary for the public safety, or for the repair or

maintenance of the line : Provided also that such works shall be as
little injurious to the said adjoining lands as the nature of the accident or apprehended accident will admit of, and shall be executed with all

possible despatch, and full compensation shall be made to the owners and occupiers of such lands for the loss, or injury, or inconvenience sustained by them respectively by reason of such works, the amount

of which compensation, in case of any dispute about the same, shall

be settled by arbitration in the manner hereinafter mentioned : And
provided, also, that no land shall be taken permanently for any such
works otherwise than is herein provided with respect to the lands

originally taken for the purpose of making the said railway.

13 . Every bridge to be erected for the purpose of carrying the

railway over any road shall be built in conformity with the following

regulations (that is to say) :—

(a) The width of the arch shall be such as to leave thereunder a

clear space not exceeding twenty-live feet, or such less space

as may be approved by the Cessnock shire council, if the arch

be over a public road or highway, and of fourteen feet over a

private road.

(b) The clear height of the arch from the surface of the road shall not be less than sixteen feet for a space of twelve feet if the

arch

arch he over a public road or highway: and the clear height at the springing of the arch shall not be less than twelve

feet: the clear height of the arch for a space of nine feet

shall not be less than fourteen feet over a private road,

(c) The descent made in the road in order to carry the same under the bridge shall not be more than one foot in twenty-five feet

if the bridge be over a public road or highway ; and one foot

in sixteen feet if over a private road, not being a tramroad
or railroad, and provision for the drainage of such road shall be made to the satisfaction of the Cessnock shire council; or
if the same be a tramroad or railroad, the descent shall not
be greater than the ruling gradient of such tramroad or
railroad :

Provided always that every such bridge shall be erected to the

satisfaction of the Chief Commissioner for Railways and Tramways

and the Chief Engineer for Railway and Tramway Construction.

14. Every bridge erected for carrying anyroad over the railway

shall be built in conformity with the following regulations (that is to

say) :—

(a)	There shall be a good and sufficient fence on each side of the bridge of not less height than four feet, and on each side; of the immediate approaches of such bridge of not less than three feet six inches.
(b)	The road over the bridge shall have a clear space between the

fences thereof of thirty-live feet if the road be a public high­

way, and twelve feet if a private road.

(c) The ascent shall not be more than one foot in thirty feet if the road be a public road or highway, and one foot in sixteen

if a private road, not being a tramroad or railroad : or if the

same be a tramroad or railroad, the ascent shall not be greater than the ruling gradient of such tramroad or railroad :

Provided always that every such bridge; shall be erected to the

satisfaction of the said Cessnock shire council and the said Chief

Engineer for Railway and Tramway Construction :
Provided always that in all cases where the average available width for the passing of carriages of any existing road within fifty yards of the point of crossing the same is less than the width herein­

before prescribed for bridges over or under the railway, the width of

such bridges need not be greater than such average available width of such roads ; but so, nevertheless, that such bridges be not of less width in case of a public highway or parish road than twenty feet : Provided also, that if at any time after the construction of the railway, the average available width of any such road shall be increased beyond the width of such bridge on either side thereof, the company shall be bound at its own expense to increase the width of the said

bridge

bridge to such extent as they may be required by the said Cessnock shire council, not exceeding the width of such road as so widened, or the maximum width herein prescribed for a bridge in the like case over or under the railway :

Provided also, that if the mean inclination of any road within two hundred and fifty yards of the point of crossing the same, or the inclination of such portion of any road as may he preserved to be altered, or for which another road shall be substituted, shall be steeper than the inclination hereinbefore required to be preserved by the company, then the company may carry any such road over or under the railway, or may construct such altered or substituted road at an inclination not steeper than the said mean inclination of the road

so to be crossed, or of the road so requiring to be altered, or for

which another road shall be substituted.

15. The company shall make, and at all times thereafter

maintain, the following works for the accommodation of the owners

and occupiers of lands adjoining the railway (that is to say) :—

(a) Such and so many convenient gates, bridges, arches, culverts, and passages over, under, or by the sides of or leading to or from the railway as shall be necessary for the purpose of making good any interruptions caused by the railway to the use of the lands through which the railway shall be made; : And such works shall be made forthwith after the part of the railway passing over such lands shall have been laid out

or formed, or during the formation thereof.

(b) All sufficient posts, rails, hedges, ditches, mounds, or other

fences for separating the land taken for the use of the railway

from the adjoining lands not taken, and protecting such lands from trespass, or the cattle of the owners or occupiers
thereof from straying thereon by reason of the railway,
together with all necessary gates made to open towards such

necessary stiles and such posts, rails, and other fences shall adjoining lands and not towards the railway. And all be made forthwith after the taking of any such lands if the
owners thereof shall so require, and the said other works as soon as conveniently may be.
(c)	Also, all necessary arches, tunnels, culverts, drains, or other

passages, either over or under, or by the sides of the railway,

of such dimensions as will be sufficient at all times to convey

the water as clearly from the lands lying near or affected by the railway as before the making of the railway, or as nearly

so as may be, and such works shall be made from time to

time as the railway works proceed.

(d) Also, proper watering-places for cattle, or compensation in lieu thereof, where by reason of the railway the cattle of any

person

person occupying any lands lying near thereto shall he deprived of access to their former watering-places : And such watering-places shall he so made as to be at all times

sufficiently supplied with water as theretofore, and as if the

railway had not been made, or as nearly so as may be. And the said company shall make all necessary watercourses and drains for the purpose of conveying water to the said watering-places :

Provided always that the company shall not be required to

make such accommodation works in such a manner as would prevent

or obstruct the working or using of the railway, nor to make any

accommodation works with respect to which the owners and occupiers of the land shall have agreed to receive, and shall have been paid compensation instead of the making them.

16. I f any pin-son omit to shut and fasten any gate set up at

either side of the railway for the accommodation of the owners or occupiers of the adjoining lands, so soon as he, and the carriage,
cattle, or other animals under his care have; passed through the same,
he shall forfeit for every such offence a sum not exceeding five pounds, to be recoverable in a summary way before any two justices.

17. The company shall not be entitled to any minerals under

any land whereof the surface is vested in it by virtue of this Act,
except only such parts thereof as shall be necessary to be dug or

carried away in the construction of the works hereby authorised.

And such mines shall not be deemed to vest in the said company.

18. If , within ninety days after the passing of this Act, the

said persons through whose lands the railway shall pass, or any of them, and the company shall not agree as to the amount of compen­ sation to be paid by it for the said lands belonging to the said parties,
or any of them, or for any damage that may be sustained by them or

him, by reason of the execution of the works, or if any other question as to compensation shall arise under this Act, the amount of such	compensation shall f i e settled by arbitrators in manner hereinafter
mentioned (that is to say) :—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 under the hand of such party. And such appointment shall be delivered to the arbitrator or arbitrators, and shall be deemed a submission 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 cither party 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

request in writing 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, it shall be lawful for the Attorney-General, on application of the party who was himself appointed an arbitrator, to 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.

19. If, before the matter so referred shall be determined, any

arbitrator appointed by either party shall 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 party for that

purpose, he fail to do so, the remaining or other arbitrators may proceed alone. And every arbitrator, so to be substituted as afore­ said, 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.

20. 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 them under the provisions of this Act. And if such umpire shall die, 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, 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.

21. - I f in either of the eases aforesaid the arbitrators shall

refuse, or, for seven days after request of either party to such

arbitration, neglect to appoint an umpire, it shall be lawful for the

tion, to appoint an umpire ; and the decision of such umpire on the	Attorney-General, on the application of either party to such arbitra­
matters on which the arbitrators shall differ, or which shall be referred to him under this Act, shall be final.
22. If, when a single arbitrator shall have been appointed, such arbitrator shall die or become incapable, or shall refuse, or for fourteen days neglect to act before he shall have made his award, 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.

23. If, when more than one arbitrator shall have been appointed,

either of the arbitrators shall 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. 24.

24. I f , when 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) 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 to be so appointed as aforesaid.

25. The said arbitrators or their umpire may call for the production of any documents in the possession or power of either party which he or they 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.

26. 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 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 the Great Northern Coal Company's

Railway Act of 1908.

Made and subscribed in the presence of

And such declaration shall be 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 misdemeanour.

27. All the costs of any such arbitration and incident thereto to be settled by the arbitrators shall be borne by the company, unless the arbitrators shall award the same or a less sum than shall have been offered by the company, in which case each party shall hear his own costs incident to the arbitration, and the costs of the arbitrators shall be borne by the parties in equal proportions, unless the amount

whole costs shall be paid by the claimant: Provided that if either	awarded shall be one-fourth less than the amount, in which case the
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 of costs to be paid.

28. The arbitrators shall deliver their award in writing to the

company, who shall retain the same, and shall forthwith, on demand, at its own expense, 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, and the amount awarded shall be paid within
sixty days after the publication of such award.

29. The submission of any such arbitration maybe made a rule

of the Supreme Court on application of either of the parties.

30. No award made with respect to any question referred to

arbitration under the provisions of this Act shall be set aside for

irre^ularitv or error in matter of form.

31. The company shall make compensation and satisfaction to

the said owners and occupiers i the amount of such compensation and

satisfaction to be ascertained and recovered in case of difference in the

manner hereby provided) for temporary, permanent, or recurring injury, and all other damage, loss, costs, charges, and inconvenience which may in anywise be occasioned to the said owners or occupiers
by the non-performance by the said company of any of the matters
and things hereby required to be performed by it or otherwise.

32. In every case where the company shall take temporary possession of lands by virtue of the powers hereby granted it shall be incumbent on it within one month after its entry upon such lands, upon being required to do so, to pay to the occupier of the said lands the value of any crop or dressing that may be thereon, as well as full compensation for any other damage of a temporary nature which he may sustain by reason of its taking possession of such lands, and it shall also, from time to time during its occupation of the said lands, pay half-yearly to such occupier or to the owner of the lands, as the

case may require, a rent to be fixed by two justices in case the parties differ, and shall also within six months after the completion of the

railway pay to such owner or occupier, or deposit in a bank for the

benefit of all parties interested, as the ease may require, compensation for all permanent or other loss, damage, or injury that may have been

sustained by them by reason of the exercise as regards the said lands
of the powers hereby granted, including the full value of all (day,

stone, gravel, sand, and other thing's taken from such lands.

33. I t shall be lawful for the Secretary for Public Works, en

behalf of the Government, at any time by notice in writing to require

the said company to sell, and thereupon the said company shall sell to	the Government the said railway upon the terms of paying the then
value of the said railway, and all lands, buildings, works, materials, and plant of the said company suitable to and used by it for the purposes of the said railway, such value in case of difference to be ascertained by arbitration in the manner provided by the Public
Works Act of 1900 for settling-cases of disputed compensation, and subject to the terms and conditions therein contained : and when any
such sale shall have been made to the said Government, the said railway, lands, building's, works, materials, plant and premises shall vest in the Chief Commissioner for Railways and Tramways, who shall have all the rights, powers, and authorities of the said company in respect of the said railway so sold : Provided that the sum to be paid

by

by way of purchase shall in no ease exceed the total cost of the

construction of the railway and related works, materials, plant, land,

and buildings.

34. For the purpose of regulating the conduct of the officers

and servants of the company, and for providing for the due manage­ ment of the affairs of the company in all respects, it shall be lawful

for the company, subject to the provisions herein mentioned, from time

to time to make such by-laws and regulations as it shall think fit : Provided that such by-laws be not repugnant to the laws of the State,
or of the Australian Commonwealth, or to the provisions of this Act.
And such by-laws shall be reduced into writing, and shall have affixed thereto the name of the company, and a copy of such by-laws shall be given to every officer and servant of flic company affected thereby. And such by-laws may specify a maximum and minimum penalty for any breach thereof, such penalty to be proceeded for and recovered under the provisions of the Act No. 27, 1902 (Justices Act, 1902) and any Act or Acts amending the same : Provided always that any by-laws of the said company relating to penalties must be first approved
of by the Executive Council and published in the Government Gazette.

35. The production of the Gazette containing such by-laws of

the company shall be sufficient evidence of such by-laws in all

proceedings under the same.

36. Nothing in this Act shall be deemed to authorise the said

company to take or enter upon any lands belonging to the Child' Commissioner for Railways and Tramways, or to alter or to interfere with the Great Northern Railway, or any of the works thereof, without the previous consent in writing in every instance of the said Chief Commissioner.

37. The said Chief Commissioner may from time to time appoint any person to be inspector for the purpose of inspecting the railway and of making any inquiry with respect to the condition of the works or into the cause of any accident, provided that no person

the company; and every inspector under this Act shall, for the	so appointed shall exercise any powers of interference in the affairs of
purpose of any inspection or inquiry which he is directed by the said
Chief Commissioner to make or conduct, have the following powers,
that is to say : —

(1) He may enter and inspect the railway and all the stations,

works, buildings, offices, stock, plant, and machinery

belonging thereto.

(2) He may, by summons under his hand, require the attendance
of any person who is engaged in the management, service,

or employment of the company, and whom be thinks lit, to call before him and examine for the said purpose, and may

require answers or returns to such inquiries for (he said

purpose as he thinks fit to make. (3)

( 3 ) He may require and enforce the production of all books,

papers, and documents of the company which he considers
important for the said purpose.

(4) I f , after any such inspection, the Chief Commissioner for

Railways and Tramways deem the railway to be unsafe for
the carriage1 of passengers, he may, by notice in writing, require the company to desist from earning passengers until any repairs or alterations mentioned in the notice are effected, and thereupon, and until the requirements of such notice have been complied with, it shall not be lawful for the company to carry any passengers upon the said railway.

Where, in or about the railway, or any of the works or buildings connected, with such railway, or any buildings connected with such railway, or any building or place, whether open or enclosed, occupied
by the company, any of the following accidents take place in the
course of working, that is to say—

(1) any accident attended with loss of life or personal injury to any person whomsoever;
(2) any collision where one of the trains is a passenger train;
( 3 ) any passenger train, or any part of a passenger train,

accidentally leaving the rails ;

(4) any accident of a kind not comprised in the foregoing descriptions, but which is of such a kind as to have caused or

be likely to cause loss of life or personal injury, and which

may be specified in that behalf by any order to be made from time to time by the Chief Commissioner for Railways and Tramways:

the company shall send notice of such accident and of the loss of life or personal injury (if any) occasioned thereby to the Chief Commissioner for Railways and Tramways.

Such notice shall be in such form and shall contain such particulars as the said Chief Commissioner may from time to time

accident takes place.

direct, and shall be sent by the earliest practicable post after the

The said Chief Commissioner may, from time to time by order,

direct that notice of any class of accidents shall be sent to him by
telegraph, and may revoke any such order.

While such order is in force notice of every accident of the
class to which the order relates shall be sent to the said Chief Commis­

sioner by telegraph immediately after the accident takes place. Failure to comply with the provisions of this section shall render the company liable for each offence to a penalty not exceeding twenty pounds.

38. I t shall be lawful for the company at any time, by any deed or instrument in writing, to assign and transfer all the rights,

powers,

powers, privileges, benefits, and advantages conferred upon it by this
Act, or any interest therein, to any person or persons, or to any duly
registered company.

39. Nothing herein contained shall alter, repeal, or otherwise

affect the Public Works Act of 1900, or the Government Railways
Act of 1901, or any Act amending the same.
40. In this Act the word " j u s t i c e s " shall mean justices of the peace in and for the territory of New South Wales : and when any matter shall be authorised or required to be done by two justices, the expression " two jus t ices" shall mean two justices assembled and acting together in petty sessions or a stipendiary or police magistrate.
The word " owner " shall mean any person who under the provisions
of this Act would be able to sell land to the promoter. And the word
"company " shall mean and include the said company, its successors,

and assigns.

41 . This Act whenever cited shall be sufficiently described as

the " Great Northern Coal Company's Railway Act of 1908 ."

S C H E D U L E .

C O M M E N C I N G a t a point on the north boundary of portion sixty-seven, in the parish of Ael la long , and bear ing thence nor ther ly through portions mineral lease three and mineral lease two in the parish of Cessnock, of which the H e t t o n Coal Company ( L i m i t e d ) is the lessee, and also along par t of the Wollombi-road, to the north boundary of the l a t t e r po r t i on ; t hence eas ter ly and north-easter ly through par t of portion two, the property of Messrs . House and Harry , to i ts eastern boundary ; thence nor th-eas ter ly th rough port ion mining permi t seventy of three hundred and e ighty- three acres one rood five perches held by the Caledonian Coal ( 'omp:my ( l i m i t e d ) to the south boundary of

H e n r y S ty le ' s one hundred acre g r a n t ; thence nor th-eas ter ly and easter ly through t ha t

port ion the occupier of which is P e t e r S m i t h (owner unknown) to its eas tern boundary ; t hence eas ter ly and south-easter ly through portion mining permit seventy aforesaid ; thence across the M o u n t V i n c e n t to Cessnock-road ; thence south eas ter ly and north­

eas ter ly through portion min ing permi t t w e n t y of fifty-one acres and t h i r t y perches also

occupied b y t he Caledonian Coal Company ( L i m i t e d ) to its eastern b o u n d a r y ; thence

across par ts of the urban a rea o f the town of Aberda re , and in te r sec t ing in a north­

eas ter ly direct ion port ions th i r ty-s ix , thirty-five, thir ty-four, s ix ty-s ix , thir ty-seven, th i r ty -

eight , and th i r ty-nine , and Ra i lway- s t r ee t to a point on the A b e r d a r e Collieries Hail way,

d i s t an t be tween fifty and s i x t y cha ins from i ts t e rminus ;—the whole of the land so

described being in the parish and shire of Cessnock.

An