Joadja Creek Railway Act of 1880 No jcr (NSW)
An Act to enable the Australian Kerosene Oil and Mineral Company (Limited) to construct a Rail way to connect the Joadja Creek Tramway with the Great Southern Railway and for other purposes. [18th March, 1880.1
incorporated u n d e r and in accordance wi th t he provisions of t he WH E R E A S (Limi ted) be ing a J o i n t Stock Company du ly registered and
t h e Aus t ra l i an Kerosene Oil and Mine ra l Company
Companies Ac t (hereinafter called t he said Company) is possessed of or ent i t led to cer ta in large t rac t s of land s i tuate on a n d nea r Joad ja Creek in t he par ish of Joad ja in t he coun ty of Camden in t he Colony of New South W a l e s conta in ing valuable deposits of coal and kero sene mine ra l and has cons t ruc ted and executed extensive works and mach ine ry for t h e purpose of work ing such deposits and ex t r ac t ing
| kerosene oil therefrom | A n d whereas the said Company has constructed |
| u p o n land belonging to or occupied | by the said Company a t r a m w a y |
| in order to facilitate communica t ion | be tween the i r said works and the |
| Grea t Sou the rn Ra i lway | A n d | whereas the said | Company is desirous |
| for the purpose of fur ther faci l i ta t ing such communica t ion of | construct |
| cons t ruc t ion of t h e said proposed rai lway and t h e traffic on t h e Grea t Sou the rn Ra i lway would be largely increased the reby and i t is desirable to author ize by Legislat ive enac tmen t the const ruct ion of t h e said proposed ra i lway subject to t he provisions hereinaf ter contained and upon p a y m e n t to t he several par t ies t h r o u g h whose lands t h e same shal l pass t he compensat ion for such por t ions of the i r respective lands as m a y requ i re to be occupied the reby B e it therefore enacted by t h e | Queen ' s |
i ng a ra i lway in t he l ine described in t he Schedule to th i s A c t from t h e eas tern boundary of measured por t ion n u m b e r seventy in t h e par ish of Joadja county of Camden to t he Grea t Southern Rai lway b u t such proposed rai lway is intended to be made upon and pass th rough lands believed to be t he proper ty of t he Crown and of cer ta in pr iva te persons and the same cannot therefore be m a d e wi thou t Legis la t ive au thor i ty A n d whereas the work ing of such coal and kerosene minera l deposits is l ikely to prove beneficial to t h e Colony and the publ ic is interested in p romot ing such a n increase in a n d facilities for the s u p p l y of such coal and kerosene minera l a n d t h e oil manufac tu red theref rom for local
| consumpt ion | gas | m a n u f a c t u r i n g | and expor t as would | resul t from | t h e |
Queen ' s Most Exce l l en t Majesty by and w i t h t h e advice and consent of t h e Legislat ive Counci l a n d Legis la t ive Assembly of New South W a l e s
in P a r l i a m e n t assembled and by t h e au tho r i t y of t he same as follows :— 1. I t shall be lawful for t he said Company u p o n t h e t e rms a n d condit ions a n d subject to t h e provisions
and
other enac tmen t s here in
after conta ined to m a k e and cons t ruc t a ra i lway from t h e eastern
bounda ry of measured por t ion n u m b e r seventy in t h e par ish of Joad ja
c o u n t y of C a m d e n in t h e l ine described in t h e Schedule to th i s A c t
to t h e Grea t Sou the rn Rai lway a n d a t such t e rmina t ion to effect
a j u n c t i o n be tween t h e said ra i lway and t h e Grea t Sou the rn Rai lway in accordance wi th section n ine ty-n ine of t h e " Gove rnmen t Railways A c t of 1 8 5 8 " and to t ake and use so m u c h of t he said lands as t h e said Company m a y require for t he purposes of such ra i lway S u c h ra i lway to be in t h e l ine described in t he Schedule to th is A c t
b u t so t h a t t h e same shall no t occupy in any p a r t thereof a grea te r
space in b r e a t h t h a n n ine ty -n ine feet except ing as to t h e por t ion
thereof wi th in t he distance of no t more t h a n fifteen chains from t h e
j unc t ion w i t h t h e Grea t Sou the rn Railway where t h e w id th m a y be
one h u n d r e d and th i r ty - two feet inc lud ing t h e suppor t a b u t m e n t s and
foundat ions thereof Provided t h a t t h e said ra i lway shall be cons t ruc ted
and b r o u g h t in to use w i th in two years from t h e pass ing of th is Ac t and t h a t t he said Company in cons t ruc t ing and connec t ing t he same wi th t he Grea t Sou the rn Railway shall do so in a proper and workman l ike m a n n e r a n d repair all damages caused by so doing.
2. Such land as shal l be t aken u n d e r t h e provisions of th i s A c t
for t he purpose of t he said ra i lway toge ther wi th such r i g h t of ingress egress a n d regress upon t h e adjacent l and as m a y be necessary for t he
m a k i n g and repa i r thereof shal l be vested by v i r tue of th is A c t a n d
w i t h o u t t he necessity of a n y conveyance in t h e said Company for t h e purposes of t he said ra i lway Provided t h a t no lands vested in t h e Commissioner of Rai lways shall by v i r tue of th i s Ac t be vested in t he said Company Provided also t h a t n o t h i n g here in conta ined shal l
p reven t t h e owners of such lands f rom ca r ry ing on a n y m i n i n g
opera t ions b e n e a t h t h e said ra i lway which shall not interfere w i t h t h e
safety of t h e said ra i lway and t h e traffic the reon and t h e said Company shal l h a v e no fur ther r i gh t to t h e soil of t h e said lands benea th t h e surface t h a n shal l be requis i te for t h e format ion and repair of t h e said ra i lway by c u t t i n g e m b a n k i n g or otherwise Prov ided also t h a t if i n t h e exercise of t h e powers he reby gran ted i t be found necessary to cross c u t t h r o u g h raise s ink or use any pa r t of a n y road w h e t h e r carr iage
road or horse road so as to r ender i t impassable for or dangerous or
inconvenien t to t h e persons ent i t led to t h e use thereof t h e said Com p a n y shal l before t h e c o m m e n c e m e n t of a n y such operat ions cause a sufficient road to be m a d e ins tead of a n y road interfered with and shal l a t i ts own expense ma in t a in such subs t i tu t ed road in a s ta te as con venient as t h e road interfered w i t h or as nea r ly as m a y be and t h e said Company before t h e said lands of t h e said owners of l and respectively and t h e said Crown land shal l be used for a n y of t h e purposes aforesaid shall if requi red so to do separate t h e same b y a sufficient fence from the land adjo in ing the re to wi th such ga tes a s m a y be requ i red for t h e
convenient occupa t ion of such l and and sha l l also to all p r iva te roads used by t h e m as aforesaid p u t u p fences and gates in l ike m a n n e r in
all cases w h e r e t h e same m a y be necessary to p reven t t h e s t r ay ing of
cat t le from or upon the lands t raversed b y such roads and in case of a n y difference be tween t h e owners or occupiers of such roads and lands a n d the said Company as to t h e necessi ty for such fences and gates s u c h fences and gates shal l be p u t u p b y t h e said Company as any t w o Jus t ices of t h e Peace shal l deem necessary for t he purposes aforesaid
on applicat ion be ing m a d e t o t h e m .
3. The said ra i lway shall be open to publ ic use u p o n p a y m e n t
of a toll to t he said Company no t exceeding three-pence per t on per mile t he p a r t y seeking t r ans i t supp ly ing and loading his own t rucks or waggons and all t rucks w h e n empt ied shall be conveyed on their r e t u r n free of cost The said Company providing means of hau lage
| by the i r own locomotives for | t he p a r t y | seeking t rans i t on t h e | said |
ra i lway if t he said pa r ty seeking t r ans i t so desire Provided t h a t no charge shall be made by the said Company on account of t he waggons wh ich m a y be used by t h e said pa r ty seeking t rans i t Provided t h a t if t h e said ra i lway shall be damaged in any way by par t ies us ing the same t h e said Company shall be ent i t led to compensat ion for such damage to be recovered in t he Supreme or any o ther competen t Cour t and in es t imat ing such damage t h e said Company shall be ent i t led only to compensat ion for t h e cost of repai r ing a n d res tor ing
| such rai lway b u t not to t he consequent ia l damage if any sustained | by |
reason of t h e suspension of t rans i t Provided t h a t all persons us ing t h e said ra i lway shal l a r r ange the i r traffic in such a way as not to interfere w i th t he regu la r traffic of t h e said Company and shal l fix such t imes for passing upon and us ing the said ra i lway as shall be approved by the manage r of t he said Company.
4 . A n d be it enacted Tha t it shal l be lawful for t he owners or occupiers of the lands t raversed by t h e said ra i lway to lay down upon the i r own lands any col lateral b ranches of ra i lway to communica t e w i th t he said ra i lway for the purpose of b r ing ing carr iages to or from or upon the said ra i lway and the said Company shall if required a t t h e expense of such owners or occupiers m a k e openings in t he rails and such addi t ional lines of ra i lway as may be necessary for effecting such com munica t ion in places where the communica t ion can be made wi th safety to t h e publ ic and wi thou t in jury to t he said ra i lway a n d w i t h o u t in convenience to t he traffic t he reupon and t h e said Company shal l not t ake any ra te or toll or other moneys for t h e pass ing of any passengers goods or o ther th ings a long a n y b ranch so to be made by a n y such owner or occupier or o ther person b u t th is e n a c t m e n t shal l be subject to t he following restr ict ions and conditions ( tha t is to s a y ) —
N o such ra i lway shal l r u n para l le l to t h e said rai lway a n d t h e said Company shall n o t be bound to m a k e a n y such openings in any place which shal l have been set a p a r t for any specific purpose wi th which such communica t ion would interfere nor upon any incl ined p lane exceeding one in fifty or br idge nor in any tunne l .
The persons m a k i n g or us ing such b ranch ra i lways shall be
to all by- laws a n d regula t ions of t h e said Company f rom t ime subject to t ime m a d e w i t h respect to pass ing upon or crossing the said ra i lway and otherwise and to the provisions of the last preceding sec t ionand shall be bound to cons t ruc t and from t i m e to t i m e a s need m a y require to renew t h e off-set plates and switches accord - ing to t h e most approved p l an adopted by the said Company u n d e r t he direction of t he Engineer of t he said Company.
5. For t h e purposes and subject to t he provisions hereinaf ter conta ined it shall be lawful for t h e said Company its deputies agents servants and workmen and all o ther persons by t h e m author ized and empowered to diver t or a l ter t h e course of any road or way crossing the said rail way or to raise or sink a n y road or way in order t h e more convenient ly to car ry t h e same over or under or by t h e side of the said rai lway.
6. I f t he said Company shall not cause another sufficient road to
be so made before they interfere wi th a n y such exis t ing road as aforesaid
they shall forfeit t w e n t y pounds for every day dur ing which such sub
| s t i tu ted road shall not be made after t he exis t ing road shal l have | been |
in te r rup ted
i n t e r rup ted and such pena l ty shall be paid to t h e t rus tees commissioners
surveyor or o ther persons h a v i n g t h e m a n a g e m e n t of such road if a pub l i c road and shall be applied for t h e purposes thereof or in case of a p r iva te road t he same shall be paid to t he owner thereof and every such
pena l ty shal l be recoverable wi th costs by act ion in t h e Supreme Cour t . 7. I f in t h e course of m a k i n g the said ra i lway t he said Company
shall use or interfere wi th a n y road t hey shall f rom t ime to t i m e m a k e good a l l damages done by t h e m to such road and if a n y quest ion shall arise as to t he damage done to any such road by the said Company or as to t h e repair thereof by t h e m such quest ion shall be referred to t h e de te rmina t ion of two Jus t i ces a n d such Jus t ices may direct such repairs to be m a d e upon such road in respect of damage done by t h e said Company a n d wi th in such period as t hey m a y deem reasonable and m a y impose on the said Company for n o t ca r ry ing in to effect such directions any pena l ty not exceeding five pounds as to such Jus t i ces shall seem fit and any such pena l ty shall be paid to t h e surveyor or o the r person hav ing t he m a n a g e m e n t of t h e road interfered wi th by t h e said Company if a publ ic road and be appl ied for t he purposes of such road and if a p r iva te road t he same shall be paid to the owner thereof P ro
vided always t h a t t h e said Jus t ices shal l have regard to and m a k e full a l lowance for any tolls t h a t may have been paid by t h e said C o m p a n y on such road in t he course of us ing t he same.
8. I f t h e said ra i lway shall cross any publ ic h i g h w a y or par ish
road on a level t h e said Company shall erect and a t all t imes m a i n t a i n good and sufficient gates across t he said ra i lway on each side of such road where the same shall communica te the rewi th and such gates shall be k e p t cons tan t ly closed across the said ra i lway on bo th sides of such road except w h e n engines or carriages or o ther vehicles pass ing a long t h e said ra i lway shall have occasion to cross such road and such gates shall be of such dimensions and so const ructed as w h e n closed to fence in t h e said ra i lway and prevent horses or ca t t l e pass ing a long such road from en te r ing u p o n t h e said ra i lway as aforesaid and if any person omi t to shu t and fasten any such gates so soon as he a n d t h e eng ine carr iages or vehicles unde r h is charge shall have passed t h r o u g h t h e same he shall on convict ion thereof before any two Jus t i ces forfeit and
pay t h e s u m of forty shil l ings. 9. I n case of accidents or slips happen ing or be ing apprehended to t he cu t t ings or e m b a n k m e n t s or o the r works of t h e said ra i lway i t shal l be lawful for t he said Company and the i r workmen and servants to en te r upon t h e land adjoining there to a t any t i m e whatsoever for
t h e purpose of repai r ing or p reven t ing such accidents and to do such works as m a y be necessary for t h e purpose Provided a lways t h a t such works will be as l i t t le injurious to t h e said adjoining lands as t h e n a t u r e of t h e acc ident or apprehended accident will admi t and shall be executed wi th all possible despatch and full compensat ion shall be m a d e t he owner and occupier of such lands for t h e loss or in jury or inconvenience susta ined by t h e m respectively b y reason of such works t he a m o u n t of which compensat ion in case of any dispute abou t t he same shal l be sett led by arb i t ra tors in t he m a n n e r hereinaf ter men t ioned A n d provided also t h a t no land shall be t a k e n pe rmanen t ly for a n y such works otherwise t h a n is here in provided wi th respect to t h e lands
or iginal ly t aken for t h e purpose of m a k i n g t he said rai lway.
10. Eve ry br idge to be erected for t h e purpose of ca r ry ing t h e
said ra i lway over any road shall be bu i l t in conformity wi th t h e
following regulat ions ( tha t is to s a y ) — The wid th of t h e a rch shall be such as to leave the reunder a clear space of n o t less t h a n thirty feet if the a rch be over a publ ic h ighway and of twen ty feet if over a par i sh road and of twelve feet if over a pr iva te road.
The
The clear he igh t of t h e a rch from the surface of t he road shal l no t he less t h a n s ix teen feet for the space of twelve feet if t h e a rch he over a t u r n p i k e road and fifteen feet for t h e space of t e n feet if over a publ ic carr iage road and in each of such cases t h e clear he igh t a t t h e spr inging of t h e arch shal l no t be less t h a n twelve feet t he clear he igh t of t he a rch for a space of n ine feet shall not be less t h a n fourteen feet over a pr iva te road.
The descent m a d e in t h e road in order to c a n y the same under t he br idge shall n o t be more t h a n one foot in t h i r t y feet if t he br idge be over a publ ic h ighway one foot in twen ty feet if over a par ish road and one foot in s ixteen if over a pr iva te road.
1 1 . E v e r y b r idge erected for ca r ry ing a n y road over t h e said
| ra i lway shall be bu i l t in conformity wi th t he following | regula t ions |
| ( t ha t is to say)— |
There shal l be a good and sufficient fence on each side of t h e br idge of n o t less he ight t h a n four feet and on each side of t h e immedia te approaches of such br idge of not less t h a n th ree feet The road over t h e br idge shall have a clear space be tween t h e fences thereof of thirty-five feet if the road be a publ ic h i g h w a y and twenty-five feet if a parish road and twelve feet if a p r iva te road The ascent shal l n o t be more
t h a n one foot in t h i r t y feet if t he road be a t u r n p i k e road one
foot in twen ty feet if a pa r i sh road a n d one foot in s ixteen feet if a p r iva te road.
12. Provided always t h a t if t h e m e a n incl inat ion of any road
w i t h i n two hundred a n d fifty yards of the po in t of crossing t h e same or t he incl inat ion of such por t ion of any road as may requi re to be a l tered or for which ano the r road shal l be subs t i tu ted shall be steeper t h a n t h e inc l ina t ion here inbefore requi red to be preserved by t h e said Company t h e n t h e said Company m a y car ry any such road over or u n d e r t h e rai lway or may cons t ruc t such al tered or subs t i tu ted road a t
| a n incl inat ion no t steeper | t h a n the | m e a n incl inat ion of t he road so to |
| b e crossed or of t h e road so requi r ing to be a l tered or for wh ich | ano the r |
| road shal l be | subst i tu ted. |
13. The said Company shall m a k e a n d a t all t imes thereaf ter
| m a i n t a i n | t h e following | works for t he accommodat ion | of t h e | owners |
and occupiers of lands adjoining t h e said rai lway ( tha t is to s ay )—
Such and so m a n y gates bridges arches cu lver t s and passages over
u n d e r or by t he side of or leading to or from the rai lway as
rup t ions caused by the said ra i lway to t h e use of t h e lands shall be necessary for the purpose of m a k i n g good any in ter t h r o u g h which the said ra i lway shall be made~and such works shall be made for thwith after t h e p a r t of t h e said ra i lway pass ing over such lands shall have been laid out or formed dur ing t h e format ion thereof Al l sufficient posts rails and
fences for separa t ing t h e lands t aken for t h e use of t h e said ra i lway from t h e adjoining lands no t t aken and pro tec t ing such lands from trespass or t h e ca t t le of t h e owners or occu piers thereof from s t ray ing the reon by reason of t he said ra i lway toge ther w i th all necessary gates made to open towards such adjoining lands and n o t towards t he said rail way a n d all necessary post rails and fences shall be made fo r thwi th after t he t a k i n g of any such lands if t he owners thereof shal l so r equ i re and t h e said o ther works as soon as
convenient ly m a y be
Also all necessary arches tunne l s culver ts drains or o the r passages
ei ther over or u n d e r or b y t h e sides of t h e said rai lway ofsuch dimensions as will be sufficient a t all t imes to car ry t he
water
wate r as clearly from the lands ly ing near or affected b y t h e
said ra i lway as before t he m a k i n g of t he said rai lways or asnear ly so as m a y be and such works shall be made from t ime
to t ime as t h e said ra i lway works proceedProvided a lways t h a t t he said Company shall not be required to m a k e such accommodat ion works in such a m a n n e r as would p reven t or obs t ruct t h e work ing or us ing of t he said ra i lway nor to m a k e any accommodat ion works wi th respect to which t h e owners and occupiers of t h e lands shal l have agreed to receive and shal l have been pa id
compensa t ion ins tead of t h e m a k i n g t h e m .
14. I f a n y person omit to shu t a n d fasten a n y gates set u p a t
e i ther side of t h e said ra i lway for t h e accommodat ion of t he owners or occupiers of the adjoining lands so soon as he and t h e carr iage cat t le or o ther an imals u n d e r his care have passed t h r o u g h t he same he shal l for every such offence upon convict ion thereof before any two Jus t i ces
forfeit and pay a n y s u m no t exceeding t en pounds . 15 . The said Company shall not be ent i t led to any mines of
coal i ronstone slate or o ther minera l s unde r a n y land whereof t h e surface is vested in t h e m b y v i r tue of th i s A c t except only such par t s thereof as shall be necessary to be dug or carried away in t he construc t ion of t h e works hereby author ized and such mines shal l no t be deemed to vest in t he said Company .
16. I f wi th in twenty-e igh t days of t h e passing of this A c t t h e
said persons t h r o u g h whose lands t h e rai lway shall pass or any of t h e m and t he said Company shal l no t agree as to the a m o u n t of compensa t ion o ther t h a n t h a t provided for by section t h i r t y of th is A c t to be paid by t h e m for t h e said lands be longing to t he said par t ies or a n y of t h e m or for any damage t h a t m a y be sustained b y t h e m or h i m by reason of t he execut ion of t h e works or if a n y other quest ion as to compensat ion shal l arise u n d e r this Ac t t h e a m o u n t of such compensa
t ion shall be sett led by arbi t ra tors in m a n n e r hereinaf ter ment ioned
( tha t is to s a y ) —
Unless bo th par t ies concur in the appo in tmen t of a single a rb i t ra to r
each pa r ty on t h e reques t of t h e other shall nomina t e and
appoint an a rb i t ra to r to whom such dispute or o ther m a t t e r
shal l be referred and any appo in tmen t of an a rb i t ra tor shall be unde r t h e c o m m o n seal of t h e said Company and unde r t he hand of such person or persons respectively and such appo in tmen t shall be delivered to the arb i t ra tor or a rb i t ra tors and shall be deemed a submission to arb i t ra t ion on the pa r t
of t h e pa r ty b y w h o m t h e same shal l be made and after any
such appo in tmen t shall have been m a d e ne i the r p a r t y shall have power to revoke t h e same wi thou t t h e consent of t he o ther nor shall the death of e i ther par ty operate as a revocat ion and if for t h e space of fourteen days after such d ispute or o ther m a t t e r shall have arisen and af ter a reques t in wr i t ing shall have been served by the one pa r ty on t h e o ther pa r ty to appoin t an arb i t ra tor such las t -ment ioned p a r t y shall fail to appoin t such arbi t ra tor t hen upon such failure i t shal l be lawful for t he At to rney-Genera l for the t ime being
of t h e said Colony on the appl ica t ion of t h e pa r ty who has
himself appoin ted a n a rb i t ra tor to appoint such a rb i t ra tor
to ac t on behalf of b o t h par t ies and such arb i t ra tor m a y proceed to hea r and de te rmine t h e ma t t e r s which shall be in dispute and in such case t he award or de te rmina t ion of such single a rb i t ra tor shall be final and conclusive.
17. I f before t h e m a t t e r so referred shall be determined a n y
arb i t ra tor appointed by ei ther p a r t y shall die or become incapable or refuse or for fourteen days neglec t to ac t as a rb i t r a to r the p a r t y b y
w h o m
w h o m such a rb i t ra to r was appointed m a y nomina te and appoin t in wr i t ing some other person to ac t in his place and if for t h e space of seven days after not ice in wr i t ing from the o ther pa r ty for t h a t purpose
| he fail to do so t h e | r ema in ing | or o ther | a rb i t ra tor m a y proceed alone |
and every a rb i t r a to r so to be subs t i tu ted as aforesaid shal l have t he same powers and author i t ies as were vested in t he former arb i t ra tor a t t he t ime of such his dea th refusal neglect or disabili ty as aforesaid.
18 . W h e r e more t h a n one arbi t ra tor shall have been appointed
| such arbi t ra tors shall before | t hey en te r | upon | the | ma t t e r s referred to |
t h e m nomina te and appoint b y wr i t i ng u n d e r the i r hands a n ump i r e to decide any mat te r s on which t hey shall differ or which shall be referred to t h e m unde r t h e provisions of this Ac t and if such ump i r e shall die or refuse or for seven days neglect to ac t after be ing called upon so to do by t h e arbi t ra tors or e i ther of t h e m they shall for thwith after such dea th refusal or neglect appoint ano ther ump i r e in his place and the decision of every such u m p i r e on the m a t t e r s so referred to h i m shall be final.
19. If in e i ther of the cases aforesaid t he arbi t ra tors shall refuse or for seven days af ter request of e i ther pa r ty to such arbi t ra tors neglect to appoint an u m p i r e it shall be lawful for t he At to rney Genera l for the t ime being on t h e appl icat ion of e i ther pa r ty to such arb i t ra t ion to appoin t an ump i r e and the decision of such ump i r e on the ma t t e r s on wh ich t h e arbi t ra tors differ shall or which shall be referred to h im u n d e r th is A c t shall be final.
20. I f w h e n a single a rb i t ra tor shall have been appointed such arb i t ra tor shall die or become incapable or shall refuse or for fourteen days neglect to ac t before he shall have made his award t h e ma t t e r s referred to h i m shall be de termined by arb i t ra t ion unde r t he provisions of this A c t in the same m a n n e r as if such arb i t ra tor had not been appointed.
2 1 . If w h e n more t h a n one arbi t ra tor shall have been appointed
and w h e n ne i ther of t h e m shall die become incapable refuse or neglect to ac t as aforesaid such arb i t ra tors shall fail to m a k e the i r award wi th in four teen days after t he day on which t h e last of such arbi t ra tors shall have been appointed or wi th in such extended t e r m (if any) as shall have been appointed for t h a t purpose by bo th of such arbi t ra tors unde r the i r
| hands t he ma t t e r s referred to t h e m shall be | de termined by t h e | umpi re |
| to be appointed as aforesaid. |
22. The said a rb i t ra tor or arbi t ra tors or his or the i r u m p i r e may
| call for t he product ion of a n y documents in t h e possession or power of e i ther pa r ty which t hey or he m a y t h i n k necessary for de te rmin ing the oath and adminis ter t h e oaths necessary for t h a t purpose . quest ions in dispute and m a y examine the par t ies or the i r witnesses on | 23 . | Before any a rb i t ra tor or ump i r e shall en ter upon the | considera |
t ion of any m a t t e r referred to h i m he shall in the presence of a Jus t i ce of t he Peace m a k e and subscribe the following declarat ion ( tha t is to say )—
I A. P . do solemnly and sincerely declare t h a t I will faithfully and honest ly and to t h e best of m y skill and abil i ty hear and de te rmine t h e m a t t e r s referred to me unde r the provisions of t h e " Joadja Creek Railway A c t of 1880 ."
Made and subscribed in the presence of
C. D .
A n d such declarat ion shall be annexed to t he award when m a d e and if any a rb i t ra to r or ump i r e hav ing made such declarat ion shall wilfully act cont rary there to he shall be gui l ty of a misdemeanour .
2 1 . Al l t h e costs of any such arbi t ra t ion and incident there to shall
| be in t he discretion of | t he | arb i t ra tors | and | t h e costs of t he arb i t ra tors |
shall be borne by the par t ies in equal proport ions unless t h e a m o u n t awarded shall be one-fourth less t h a n the a m o u n t which shall have been offered by the said Company in which case t h e whole costs of t h e
b arbi t ra t ion
arb i t ra t ion and also t he costs of and incident to t h e said arb i t ra t ion
shal l be paid by t h e c la imant Provided t h a t if e i ther p a r t y shall be
dissatisfied wi th t h e costs allowed by t h e said arb i t ra tors as aforesaid t h e costs m a y be t axed by the P ro thono ta ry or o ther proper officer of t h e Supreme Court and t h e a m o u n t allowed by such officer shall be t he a m o u n t of costs to be paid.
25. The a rb i t r a to r arb i t ra tors or u m p i r e shall deliver the i r or
his award in wr i t ing to t h e said Company who shall r e t a in t he same and shall fo r thwi th on demand a t the i r own expense furnish a copy thereof to t h e o ther pa r ty and shall at all t imes on demand produce t h e said award and allow the same to be inspected or examined by such pa r ty or any person appointed by h i m for t h a t purpose and the a m o u n t awarded shal l be paid w i th in s ixty days after t h e publ ica t ion of t he award.
26. The submission to any such a rb i t ra t ion m a y be m a d e a ru le
of t he Supreme Cour t on t h e appl icat ion of e i ther of t h e par t ies . 27. No award made wi th respect to any question referred to
a rb i t ra t ion unde r t h e provisions of th is A c t shall be set aside for i rre gu la r i ty or error in ma t t e r of form. 28. The said Company shall m a k e compensat ion and satisfaction to be ascertained and recovered in case of difference in t he m a n n e r he reby provided for t empora ry p e r m a n e n t or r ecur r ing in ju ry and al l o ther damage loss costs charges and inconvenience which m a y in anywise be occasioned to t he owners and occupiers of t he lands t h r o u g h which t h e
said ra i lway shall pass by the non-per formance or negl igent performance by t h e said Company of any of t h e m a t t e r s or th ings hereby requi red or author ised to be performed by t h e m .
29. I n every case where t he said Company shall t ake temporary possession of lands by v i r tue of t h e powers hereby granted i t shall be i n c u m b e n t on t h e m wi th in three mon ths after en t ry upon such land upon be ing required so to do to pay to t he occupier of the said lands t h e va lue of any crop or dressing t h a t m a y be thereon and damaged or in jured b y such en t ry as well as full compensat ion for any o ther damage of a t empora ry n a t u r e which he may sus ta in by reason of such ent ry and shall also from t i m e to t ime dur ing their occupat ion of t he said lands pay half-year ly to such occupier or to t he owner of t he lands as t he case m a y requi re a r e n t to be fixed by two Jus t ices in case t h e par t ies differ and shal l also w i th in twelve m o n t h s after such en t ry pay to such owners and occupiers or deposit in t he B a n k for the benefit of all part ies in teres ted as t he case may requi re compensat ion for all p e r m a n e n t or other loss damage or in ju ry t h a t m a y have been sustained by t h e m by reason of the exercise as regards t he said lands of t h e
powers hereby g ran ted inc lud ing the full va lue of all clay stone gravel
sand a n d o the r th ings t aken from such lands.
30. If t h e owner of any lands required to be t aken for t he con s t ruct ion of t h e said ra i lway is absent from the colony or canno t upon di l igent i nqu i ry be found or is unde r disabili ty or if any such lands are vested in persons who have respectively only l imited or qualified interests there in and who cannot en ter in to b ind ing ag reemen t s w i th
t he said Company for t he purchase of such lands or join in s u b m i t t i n g the i r claims for compensat ion to a rb i t ra t ion as hereinbefore provided the purchase money or compensat ion payable b y the said Company in respect of such lands shal l be de te rmined by t h e va lua t ion of a surveyor
to be nomina ted as hereinaf ter ment ioned .
3 1 . U p o n applicat ion by the said Company two Jus t ices a n d
upon such proof as m a y be satisfactory to t h e m t h a t there is no person in the colony or to be found who can en te r into a b ind ing contract w i t h the said Company or join w i th t h e said Company in submi t t i ng his claims for compensat ion to arbi t ra t ion in respect of a n y lands r equ i red to he t aken for t h e construct ion of the said ra i lway such Jus t i ces shal l
by
by wr i t ing unde r the i r hands nomina te a n able pract ical surveyor for de te rmin ing such compensat ion as aforesaid and such surveyor shall de te rmine t he same accordingly and shall a n n e x to his valuat ion a declarat ion in wr i t ing subscribed by h i m of t he correctness thereof.
32. Before such surveyor shall enter upon t h e d u t y of m a k i n g
such va lua t ion as aforesaid he shall in t he presence of such Jus t ices or one of t h e m m a k e and subscribe t h e following declaration at t h e foot of such nomina t ion t h a t is to say—
" I A . B . do solemnly and sincerely declare t h a t I will fai thfully impar t ia l ly and honest ly according to t h e best of m y skill and abi l i ty execute t he d u t y of m a k i n g the va luat ion hereby referred to me .
A . B .
M a d e and subscr ibed in t he presence of "
A n d if any such surveyor shall co r rup t ly m a k e such declarat ion or h a v i n g made such declarat ion shall wilfully ac t con t ra ry the re to h e
| shal l bo gu i l ty of a | misdemeanour . |
33. The said nomina t ion and declarat ion shall bo annexed to t h e va luat ion to be made by such surveyor and shall be preserved toge ther t he rewi th by t h e said Company and they shal l a t all t imes produce t h e said va lua t ion and documents on demand to all part ies in teres ted in the lands comprised in such va lua t ion .
34. Al l t he expenses of and incident to any such va lua t ion shal l be borne by t h e said Company.
35 . I f t he a m o u n t of compensat ion de te rmined by a n y such
surveyor does no t exceed the s u m of fifty pounds i t shal l except in t he cases where t h e owner is absent from the Colony or cannot be found be paid by the said Company to t h e person or persons for t h e t ime be ing ent i t led to t he rents and profits of lands in respect whereof t he same shall be payable for the i r own use and benefit or in case of t h e conver t i n g infancy idiotey lunacy or other incapaci ty of any such persons t h e n such money shall be paid for the i r use to the i r respect ive hus bands guard ians commit tees or t rus tees of such persons.
36. If t h e a m o u n t of compensat ion de te rmined b y any such
surveyor as aforesaid exceeds the s u m of fifty pounds or in t he cases where t he owner is absent from the Colony or canno t be found whe the r i t exceeds t h e s u m of fifty pounds or no t i t shal l be paid by t h e said C o m p a n y in to t he hands of t h e Mas te r in E q u i t y of t he S u p r e m e
| Cour t | in t h e m a t t e r | of | this A c t | in t r u s t for | t he part ies interested in |
| t h e lands in respect of which i t is paid in and a certificate from the | |
| Mas te r of t h e fact of t he money being so paid in shall be a | sufficient |
d ischarge to t he said Company for t he money so paid Provided tha t all moneys so paid in shall be deal t wi th by the Supreme Cour t in t he same m a n n e r in al l respects as moneys paid in unde r an A c t passed in
| t he twenty-f i rs t | year of t h e re ign of H e r present Majes ty and | in t i tu led |
| " An | Act | for | better | securing | Trust | Funds | and for | the | relief | of |
| Trustees" | and shal l be subject in all respects to t h e provisions of t h e |
said A c t a n d all rules of t he said Court made the reunder .
37. N o t h i n g in th is A c t contained shall be deemed to author ize
t h e said Company to t ake or en ter upon any lands be longing to the Commissioner for Ra i lways or to a l te r or to interfere wi th t he Great Sou the rn Ra i lway or any of t h e works thereof fur ther or otherwise t h a n is necessary for m a k i n g the junc t ion and in ter -communica t ion be tween t h e rai lways wi thou t t he previous consent in wr i t ing in every ins tance of t he Commissioner for Rai lways .
38 . The Commissioner shall from t ime to t i m e a t t h e expense
of t he Company erec t such signals and conveniences inc ident to the junc t ion ci ther upon his own lands or on the lands of t h e Company
and
and m a y from t ime to t ime appoint a n d remove such w a t c h m e n swi tchmen or o ther persons as may be necessary for t h e prevent ion of dange r to or in ter ference wi th t h e traffic a t or nea r the junc t ion .
39. The work ing and m a n a g e m e n t of such signals and con
veniences wherever s i tua te shal l be u n d e r the exclusive regula t ion of
t h e Commissioner for Ra i lways .
40 . N o t h i n g here in conta ined shal l a l ter repeal or otherwise
affect t he " Governmen t Ra i lways A c t of 1858 . "
4 1 . I n th i s A c t t he said " J u s t i c e s " shall m e a n Jus t i ces of t he
Peace in and for t he te r r i tory of N e w South "Wales and where any m a t t e r shal l be author ised or required to be done by two Jus t i ces the
expression " t w o J u s t i c e s " shal l m e a n two Jus t i ces assembled a n d ac t ing toge ther in P e t t y Sessions a n d t h e word " owner" shall mean any person or corporat ion who under t he provisions of th is A c t would b e able to sell land to said Company .
42 . This A c t shal l be deemed a n d t aken to be a Pub l i c A c t a n d
t h e same whenever cited shall be sufficiently described as t h e " Joadja
Creek Ra i lway A c t of 1880 . "
T H E S C H E D U L E .
DESCRIPTION OF T R A M W A Y .
Commencing a t the south-eas t angle of J . de V. L a m b ' s por t ion n u m b e r seventy in the par ish of Joadja coun ty of Camden thence in a south-easter ly direction abou t one (1) mile t h r o u g h Crown lands thence nor th-eas te r ly t h rough Crown lands about one mile for ty (40) chains to west boundary of Manion ' s por t ion one h u n d r e d and one thence in a nor th-eas te r ly direct ion th rough Manion 's por t ion one hundred and one about twenty- six chains thence in a nor th -eas te r ly di rect ion th rough Crown lands about one mile twen ty chains thence south-easter ly th rough Crown lands about e ight chains to Manion ' s po r t i on for ty-four parish of Ber r ima thence south-eas ter ly t h rough Manion ' s p o r t i o n
for ty- four abou t twen ty chains thence easter ly t h rough Crown lands ab o u t fifteen (15)
chains thence nor th -eas te r ly t h r o u g h Crown lands abou t s ixteen (10) chains to west
b o u n d a r y of Cahil l 's por t ion n u m b e r sixty-five (65) thence nor th-eas te r ly across t he
nor th-wes t corner of Cahil l ' s por t ion n u m b e r sixty-five a b o u t five chains thence no r th
eas ter ly t h rough Crown lands a b o u t one mile s ixty-four (64) chains to Wangande r ry Road thence eas ter ly across Wangande r ry Road thence con t inued eas ter ly th rough Crown lands abou t fifty chains thence south-easter ly th rough Crown lands ab o u t twen ty (20) chains to west b o u n d a r y of A . Sharpe ' s por t ion n u m b e r one h u n d r e d and thir ty-s ix thence eas ter ly t h r o u g h A. Sharpe ' s por t ion n u m b e r one hundred and thir ty-six abou t fo r ty (40) chains thence nor th-eas te r ly across one-chain road to west bounda ry of B u t l e r ' s (Trus tees) por t ion n u m b e r one h u n d r e d and thirty-five thence nor th-eas ter ly
t h r o u g h B u t l e r ' s (Trus tees ) por t ion one h u n d r e d and thirty-five (135) abou t eight chains
thence eas ter ly and south-easter ly still t h rough Bu t l e r ' s (Trus tees ) por t ion one h u n d r e d
and thirty-five abou t th i r ty (30) chains thence south-eas t across one-chain road to west
bounda ry of M. Bu t l e r ' s (Trus tees ) Wood lands E s t a t e thence t h r o u g h But le r ' s (Trus tees)
W o o d l a n d s Es t a t e south-eas ter ly abou t twen ty chains thence nor th-eas ter ly t h r o u g h W o o d l a n d s E s t a t e about t h i r t y chains thence eas ter ly t h r o u g h Wood lands Es ta te about thirty-five (35) chains to west bounda ry of Breen ' s land thence eas ter ly th rough Breen ' s about twenty-six (20) chains thence eas ter ly th rough Breen ' s about for ty (40) chains thence easter ly t h r o u g h Breen ' s about th i r t een (L3) chains t o west b o u n d a r y of C.
Loseby ' s por t ion n u m b e r twenty- two parish of Je l lo re thence south-eas ter ly th rough C.
Loseby 's por t ion n u m b e r twenty- two abou t seventeen (17) chains to west boundary of
J . de V. L a m b ' s por t ion n u m b e r twenty-one thence south-eas ter ly t h rough J . de V.
L a m b ' s por t ion n u m b e r twenty-one about t en (10) chains to west bounda ry of Thompson ' s por t ion n u m b e r twenty- four thence south-eas ter ly t h rough Thompson ' s por t ion n u m b e r twen ty- four about seventeen chains to west bounda ry of Fi tzroy village reserve thence south-eas ter ly and souther ly th rough village reserve about t h i r t y (30) chains to M a i n Sou the rn Road thence south-eas ter ly across M a i n Sou thern Road about eight (8) chains t o west boundary of J . de V. Lamb ' s ( la te E . Snowdon 's ) land parish of Berr ima thence eas ter ly t h rough J . do V. Lamb ' s about twenty-one chains to the west bounda ry of Q u a r r y Reserve thence easterly across Qua r ry Reserve ab o u t seven (7) chains to west bounda ry of W e l b y ' s por t ion number one thence south-eas ter ly and souther ly t h rough W e l b y ' s por t ion n u m b e r one about fifty chains to south boundary of W e l b y ' s port ion n u m b e r one thence south-easter ly t h r o u g h village reserve about sixteen (16) chains to west bounda ry of J . de V. L a m b ' s por t ions number s eighteen and n ine teen thence eas ter ly t h rough J . de V . L a m b ' s por t ions n u m b e r s e ighteen and n ine teen about five (5) chains where i t crosses G i b b e r Grunyah Creek thence t h rough block number twenty-n ine of Cr ipp 's sub
division
| division parish of M i t t a g o n g | easterly about | th ree chains thence easter ly | along reserve |
between John - s t r ee t and Hind ' s p rope r ty about sixteen (16) chains thence eas ter ly along said reserve belonging to Thomas Chalder 's about eighteen chains where i t crosses s t reet connec t ing with Bowral Road thence nor th-eas te r ly th rough port ion n u m b e r sixty-
| one F i tz roy Bessemer Steel H e m a t i t e I r o n and Coal Company (Limited) about | twenty- |
| two (22) chains thence eas ter ly and south-easter ly t h rough | por t ion number sixty-seven |
| F i t z roy Bessemer Steel H e m a t i t e I r o n and | Coal Company | (Limi ted) | about t h i r ty | chains |
| to a point on the Grea t Sou thern Railway about th i r ty chains nor th-eas t of | Mi t t agong |
| Railway Stat ion be ing a to ta l distance of about fifteen (15) miles more or less. |
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