Maryville Colliery Company (Limited) Railway Act 1886 No mcc (NSW)

An Act to enable the " Maryville Colliery

Company (Limited)" to construct a Rail­
way or Tramway from land at Wickham

near Newcastle to and connect the same

with the Government Railway to Bullock

Island Newcastle. [1st July, 1886.]

W HEREAS the " Maryville Colliery Company (Limited)" herein­after designated the said Company have opened a coal-mine	and established a colliery on a parcel of land situate at Wickham near
Newcastle in the county of Northumberland And whereas the said Company have commenced and made considerable progress in the construction of a railway for conveying coals from the said mine and colliery across certain lands leased by them from one Peter Fleming and the "Wickham and Bullock Island Coal Company (Limited)" respectively to the Government Railway to Bullock Island near New­ castle aforesaid but are unable to complete the construction of their said railway in consequence of Hannell-street Wickham aforesaid and certain intended streets of a proposed subdivision of the said land belonging to the said Peter Fleming intersecting the line of their said railway And whereas the completion of the said railway will be of
great public benefit in promoting the supply of coal for local consump­
tion steam navigation and export And whereas it is essential to such completion that the said Company should be empowered to carry the line of the said railway across the said certain intended streets of the said proposed subdivision of land at Wickham aforesaid belonging to the said Peter Fleming and also across Hannell-street Wickham aforesaid upon terms and conditions to be determined by Parliament
Be it therefore enacted by the Queen's Most Excellent Majesty by and
with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows :—
1. It shall be lawful for the said Company their sucessors or assigns upon the terms and conditions and subject to the provisos
and other enactments hereinafter contained to complete and construct
the said railway already so commenced as abovementioned across certain proposed streets known as and to be called Annie-street James-
street and Robert-street of a proposed subdivision of certain land at
Wickham aforesaid belonging to one Peter Fleming and also across
Hannell-street Wickham aforesaid such railway to be in the line
described in the Schedule hereto and to take and use so much of the said streets as may be required for the purpose of the said railway but so that the same shall not occupy in any part thereof a greater space
in breadth than sixty-six feet.
2. The said Company their successors and assigns shall have all necessary rights of ingress and egress to and over the surface of the said Annie James Robert and Hannell-streets as are required for the construction repair completion and use of the said railway Provided
that nothing herein contained shall impair or be held to impair the
lawful authority of the Borough of Wickham or of any other corpora­ tion Company or person to make all entries and exercise all other powers necessary for the construction maintenance and preservation of gas-works water-works sewerage-works and other works lawfully con­
structed underground.

3. The said Company their successors or assigns shall he at liberty to cross the said Hannell-street on a level and in that event they shall erect and at all times maintain good and sufficient gates across the said Hannell-street on each side of the railway crossing the same and shall employ proper persons to open and shut such gates and such gates shall be kept constantly closed across such street on both sides of the railway except during the time when horses cattle 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 of such gates shall cause the same to be closed as soon as such horses cattle carts or carriages shall have passed through the same under a penalty of forty shillings for every default therein Provided always that it shall be lawful for the Secretary for Public Works in case he shall he satisfied that it will be more conducive to the public safety that the gates over the said Hannell- street shall be kept closed 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 street in the same manner and under the like penalty as above directed with respect to the gates being kept closed across the

street.
4. It shall be lawful for the said company their successors or assigns to use and employ on the said railway locomotives engines or other moving power and carriages and waggons to be drawn or propelled thereby.
5. The railway and locomotives shall be open to public use upon

payment of a toll to the Company their successors or assigns of the

rate per ton per mile from time to time charged to the public on the

Great Northern Railway the party seeking transit supplying and load­ ing his own trucks or waggons and all trucks when emptied shall be conveyed on their return free of cost.

S C H E D U L E .

The centre line of the Maryvil le Coal-mining Company 's Rai lway branches off
from the Nor thern line o f the Government railway to Bu l lock Island at a point two

hundred and two links distant f rom the western end o f the Government Railway bridge across Throsby 's Creek thence into a curve eight chains radius northwards the tangent

o f which curve bears two hundred and for ty-four degrees twenty-three minutes and

thirty degrees along Government Rai lway ground to two hundred and thirty-six links	thence through the proper ty of the B u l l o c k Island Coal-mining Company in the con­
tinuation of the said curve o f eight chains radius to three hundred and twenty-one links thence through a public road called Hannell-street in the continuat ion o f the said curve
o f eight chains radius to three hundred and sixty-nine links thence through section G o f
the L i n w o o d Subdivision in the continuation of the said curve o f eight chains radius to
seven hundred and twenty-eight links thence through Robert-s t reet of the L i n w o o d Sub­ division in the cont inuat ion o f the said curve of eight chains radius to nine hundred and
twenty- two and a half links thence through section H of the L i n w o o d Subdivision in the continuation o f the said curve o f eight chains radius to one thousand and sixty links thence through James-street of the L i n w o o d Subdivision in a straight line bearing three hundred and nineteen degrees ten minutes to one thousand two hundred and seven links thence through section J o f the L i n w o o d Subdivision in the continuation o f the said straight line bearing three hundred and nineteen degrees ten minutes to one thousand
two hundred and thirty-one links thence through Annie-street of the L i n w o o d Sub­ division in the continuation of the said straight line bearing three hundred and nineteen
degrees ten minutes to one thousand three hundred and sixty-six l inks thence through
section L o f the L i n w o o d Subdivision in the continuation o f the said straight line bearing
three hundred and nineteen degrees ten minutes to one thousand four hundred and sixty-
seven and a half link's and lastly into and through the property of the Maryvi l le Coal­
mining Company in the continuation of the said straight line bearing three hundred and nineteen degrees ten minutes.

An