Minmi and Hexham Railway Act 1854 No mhr (NSW)

An Act to authorize the continuation of a Kail- way from Minmi to Hexham. [7 th November, 1854.]

established collieries at Minmi in the said county and in order to facili­

WH E R E A S John Eales and John Christian of Berry Park in the county of Northumberland Esquires have opened coal mines and

tate communication between the said coal mines and collieries and the Hunter River arc constructing a railway between Minmi and Hexham to be called " The Minmi and Hexham Railway " And whereas part of the said railway must be made upon and pass through land situate in the said county the property of John Malcolm of the city of Sydney gentleman but over which the said railway cannot be continued with­ out legislative authority And whereas the other proprietors interested namely William Dougall Christie William Charles Wentworth and James Mitchell Esquires have each conceded to the said John Eales and John Christian the land required from them respectively for the proposed railway under the conviction that it would improve the value of their properties and otherwise benefit them And whereas the said coal mines and collieries of the said John Eales and John Christian are likely to prove beneficial to the Colony 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 completion of the said railway And whereas the Minmi and Hexham Railway cannot be continued to the terminus at Hexham without crossing the Hunter River Railway Company's line on the level and the Hunter River Railway Company have consented to such crossing on the conditions hereinafter expressed And whereas it is desirable to authorize by legislative enactment the continuation of the Minmi and Hexham Railway subject to the provisions hereinafter contained upon payment of compensation to the said John Malcolm for such portion of his land as may be required to be occupied thereby Be'

Be it t h e r e f o r e e n a c t e d by His Excellency the Governor General of New South Wales with the a d v i c e and c o n s e n t of the Legislative

Council t h e r e o f —

1. I t shall be lawful for the promoters to make a n d c o n t i n u e a

railway from the south b o u n d a r y of the said John Malcolm's land in the line d e s c r i b e d in the Schedule h e r e u n t o a n n e x e d but so that such

railway shall not o c c u p y in a n y part t h e r e o f a g r e a t e r s p a c e in breadth

than s i x t y - s i x feet i n c l u d i n g the s u p p o r t s a b u t m e n t s a n d f o u n d a t i o n s

t h e r e o f	Provided also that the railway shall be c o n s t r u c t e d a n d
b r o u g h t	into use w i t h i n the term of five years from the p a s s i n g of t h i s
Act.

2. The ground and soil of so much of the site of the railway as
passes over the land of the said John Malcolm t o g e t h e r with such

right of i n g r e s s egress and regress upon the adjacent land as may b e

n e c e s s a r y for the m a k i n g and repair t h e r e o f shall be v e s t e d b y v i r t u e ;

of this Act and w i t h o u t the n e c e s s i t y of a n y c o n v e y a n c e in the pro­

m o t e r s for the purposes of the railway Provided that if i n the e x e r c i s e

of the powers h e r e b y g r a n t e d i t be f o u n d n e c e s s a r y to cross cut t h r o u g h

r a i s e sink or use a n y part of a n y road w h e t h e r carriage-road or h o r s e -

road so as to render i t i m p a s s a b l e for or d a n g e r o u s or i n c o n v e n i e n t

to the p e r s o n s entitled to the use t h e r e o f the p r o m o t e r s shall b e f o r e

the c o m m e n c e m e n t of a n y such operations cause a sufficient road

to be made i n s t e a d of a n y road i n t e r f e r e d with and shall at t h e i r

own e x p e n s e m a i n t a i n such s u b s t i t u t e d road in a state as c o n v e n i e n t

as the road i n t e r f e r e d with or as n e a r l y so as may be And the
p r o m o t e r s before t h e y use the said land of the said John Malcolm
for any of the p u r p o s e s aforesaid shall if r e q u i r e d so to do separate; the same by a sufficient fence from the land a e l j o i n i n g thereto with such g a t e s as may be required for the c o n v e n i e n t occupation of such lanel and shall also to all p r i v a t e roads used by them a s a f o r e s a i d put up f e n c e s and g a t e s in like m a n n e r in all cases where the same may be necessary to p r e v e n t the straying of cattle from or upon the l a n d s t rave;rsed by such roads and in case of a n y d i f f e r e n c e between the

o w n e r s or o c c u p i e r s of such r o a d s and l a n d s and the p r o m o t e r s as to

the necessity for such fences and g a t e s such g a t e s shall be put up by the promoters as any two Justices of the Peace shall deem necessary

for the p u r p o s e s a f o r e s a i d on application b e i n g made to them.

3. The railway shall be at all times o p e n to the public u p o n p a y m e n t of a toll to the p r o m o t e r s	of s i x p e n c e	per	ton	per mile in
r e s p e c t	of	every ton of	goods for every transit the p a r t y	s e e k i n g

t r a n s i t s u p p l y i n g his o w n trucks or w a g o n s and the promoters sup­

p l y i n g l o c o m o t i v e p o w e r ( b e i n g t h e r e u n t o r e q u i r e d by the p a r t y

s e e k i n g t r a n s i t t w e n t y - f o u r h o u r s at least p r e v i o u s l y ) and such s u p p l y

of l o c o m o t i v e p o w e r shall not be c o m p u l s o r y on the p r o m o t e r s u n l e s s

the p a r t y seeking t r a n s i t guarantee and b r i n g t w o h u n d r e d tons

at the least d u r i n g the t w e l v e w o r k i n g hours to be m e n t i o n e d in such

n o t i c e	But it shall be c o m p u l s o r y	on the	p r o m o t e r s	to carry	any
q u a n t i t y	not less than f o r t y	tons if	the l o c o m o t i v e	be a c t u a l l y a t	w o r k

and all t r u c k s when e m p t i e d shall be c o n v e y e d on t h e i r return f r e e of

cost The r a i l w a y shall be at all t i m e s o p e n to the p u b l i c u p o n p a y m e n t
of a toll to the p r o m o t e r s of four-pence per ton per mile in respect of
every ton of goods for e v e r y t r a n s i t if the party s e e k i n g t r a n s i t s u p p l y

the l o c o m o t i v e p o w e r as well as t r u c k s or w a g o n s Provided that so

long as the promoters shall supply locomotive p o w e r no o t h e r p e r s o n

shall use l o c o m o t i v e power on the line Provided that if the railway shall be damaged by parties who shall t h e m s e l v e s use the railway for

t r a n s i t and s u p p l y l o c o m o t i v e power the p r o m o t e r s shall be e n t i t l e d to
c o m p e n s a t i o n for such d a m a g e to be r e c o v e r e d , e i t h e r by a c t i o n in the Supreme Court of NOW South Wales or if such damage do not exceed

3 D the

the sum of twenty pounds summarily before two Justices and in esti­ mating such damage the promoters 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 After the railway shall have been opened for transit the promoters shall continue to provide the locomotive power required for using the same (accidents excepted) until twenty-eight days notice shall have been given by them by advertisement in the New South Wiles Government Gazette that they intend after the expiration of a day to be named in such notice to suspend or discontinue working the line or supplying the necessary locomotive power thereon whereupon it shall be lawful for any person entitled to use the railway to provide locomotive power such person paying the toll hereinbefore mentioned to be payable in such event Provided, that any person interested in using the railway upon giving three calendar months previous notice in writing of his intention so to do to the promoters may make appli­ cation to the Executive Council of New South Wales to reduce the tolls limited by this Act and to create a new scale applicable to the traffic on the said railway such new scale being below the scale limited by this Act and it shall thereupon be lawful for the said Council to reduce the tolls as in the judgment of the said Council shall be reason­ able Provided that the clear divisible profits of the railway shall be annually made good to the promoters at the rate of twenty pounds for every one hundred pounds by the year of the capital proved by the promoters to have been expended by them in or about the construction of the railway after debiting the railway with the cost of maintaining the line in proper working order and crediting the railway with the carriage obtained by the promoters at the rates aforesaid.

4. For the purposes and subject to the provisions hereinafter contained it shall be lawful for the promoters their deputies agents servants and workmen and all other persons by them authorized and 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 con­ veniently to carry the same over or under or by the side of the railway.
5. If the line of railway cross any public highway or parish road then either such road shall be carried over the railway or the railway shall be carried over such road by means of a bridge of the height and width and with the ascent or descent by this Act in that behalf hereinafter provided and such bridge with the immediate approaches and all other necessary works connected therewith shall be

executed by and be at all times thereafter maintained at the expense	of the promoters Provided that with the consent of two Justices as
after mentioned it shall be lawful for the promoters to carry the railway across any highway on the level.
6. If the railway cross any public highway or parish road on a level the promoters shall erect and at all times maintain 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 carts or carriages passing along the same shall have to cross such railway and such gates shall be of such dimen­ sions 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 intrusted 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 fer every default therein Provided always that it shall be lawful for the Government Inspector of Railways (if any) in any case

in

in which he shall be satisfied that it will be more conducive to the public safety that the gates on any level crossing over any such road should 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 road in the same manner and under the like penalty as above directed with respect to the gates being kept closed across the road.

7. In case of accidents or slips happening or being appre­ hended to the cuttings embankments or other works of the said rail­ way it shall be lawful for the promoters and their workmen and servants to enter upon the land adjoining thereto at any time whatso­ ever 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 promoters shall within forty-eight hours after such entry make a report to the Government Inspector of Hallways if any and if not then to the nearest Bench of Magistrates specifying the nature of such accident or apprehended accident and of the works necessary to be done and such powers shall cease and determine if the said Government Inspector or Bench of Magistrates shall after considering the said report certify that their exercise is not necessary for the public safety Provided also that such works shall be as little injurious to the said adjoining lands as the nature of the accident or appre­ hended accident will admit of and shall be executed with all possible dispatch 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 arbitrators 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.

8. 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)—

The width of the arch shall be such as to leave thereunder a clear space of not less than thirty-five feet if the arch be over a public highway and of twenty-five feet if over a parish road and of twelve feet if over a private road.

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 be over a turnpike road and fifteen feet for a space of ten feet if over a public carriage road and in each of such cases 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.

The descent made in the road in order to carry the same under the bridge shall not be more than one foot in thirty feet if the bridge; be over a public highway one foot in twenty feet if over a parish road and one foot in sixteen feet if over a private road not being a tramroad or railroad or if the same be a tramroad or railroad the descent shall not be greater than the ruling gradient of such tramroad or railroad.

9. Every bridge erected for carrying any road over the railway: shall be built in conformity with the following regulations (that is to say)—

There

There shall ho 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.

The road over the bridge shall have a clear space between the fences thereof of thirty-five feet if the road be a public highway and twenty-five feet if a parish road and twelve feet if a private road.

The ascent shall not be more than one foot in thirty feet if the road be a turnpike road one foot in twenty feet if a parish road and one foot in sixteen feet 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.

10. Provided always that in all cases where the average avail­ able width for the passing of carriages of any existing road within fifty yards of the points of crossing the same is less than the width hereinbefore 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 promoters shall be bound at their own expense to increase the width of the said bridge to such extent as they may be required by the trustees or surveyors of such road 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.

11. Provided also that if the mesne inclination of any road or the inclination of such portion of any road as may require to be altered or for which another road shall be substituted shall be steeper than the inclination hereinbefore required to be preserved by the promoters then the promoters 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 mesne inclination of the road so to be crossed or of the road so requiring to be altered or for which

W i t h i n two hundred and fifty yards of the point of crossing the same

another road shall be substituted.
12. The promoters shall make and at all times thereafter main­

tain the following works for the accommodation of the owners and

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

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 bo 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.

Also 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 adjoining lands and not towards the railway and all necessary stiles and such posts rails and other

fences

fences shal l be made for thwith after t he t ak ing of any such lands if t he owners thereof shall so requi re and the said o ther works as soon as conveniently m a y be.

Also all necessary arches tunne l s culver ts drains or o ther passages e i ther over or unde r or by t he sides of the rai lway of such dimensions as will be sufficient a t all t imes to convey t h e wa te r as clearly from t h e lands lying nea r or affected by t h e ra i lway as before t he m a k i n g of t he rai lway or as near ly so as may be and such works shall be made from t ime to t ime as t he rai lway works proceed.

Also proper wa te r ing places for ca t t le or compensat ion in l ieu

thereof where by reason of the rai lway t h e cat t le of any person occupying any lands lying near there to shall be deprived of access to the i r former wa te r ing places and such wate r ing places shall be so made as to be a t all t imes sufficiently supplied wi th water as theretofore and as if t he railway had not been made or as near ly so as may be and the said promoters shall m a k e all necessary watercourses and drains for t he purpose of conveying water to t he said

water ing places.

Provided always t h a t t he promoters shall not be required to m a k e such accommodat ion works in such a m a n n e r as would preven t or obstruct the work ing or us ing of t he rai lway nor to m a k e any accommodation works with respect to which the owners and occupiers of t he lands shall have agreed to receive and shall have been paid compensat ion

instead of the m a k i n g them.

13 . If any person omit to shu t and fasten any gate set up at e i ther side of t he rai lway for the accommodat ion of the owners or occupiers of t he adjoining lands so soon as he and the carr iage cat t le or o ther animals unde r his care have passed t h r o u g h the same lie shall forfeit for every such offence any s u m no t exceeding forty shil l ings.

1 1 . I f wi th in twenty-e ight days after t he pass ing of this Ac t

the said J o h n Malco lm and t h e promoters shall no t agree as to t h e a m o u n t of t h e compensat ion to lie paid by t h e m for t he said l and

belonging to t h e said J o h n	Malcolm or for any damage t h a t may be
sus ta ined by h i m by reason of t he execut ion of t he works t he	a m o u n t
of such compensat ion shall be settled by arb i t ra tors in m a n n e r	herein­
after	ment ioned.

15. The promoters shal l (subject to t he provisions hereinafter contained) have power to cross t he company ' s rai lway on t h e level in	such m a n n e r as shall be directed by the engineer of t he company for	the t ime being and the rails for such crossing shall be laid down by the
p romote r s or by t h e company if they shall t h i n k fit a t t h e expense of t he promoters u n d e r and subject to t h e direct ion of such engineer Provided t h a t the; p romoters shall before t hey shall be at l iberty to cross t he said ra i lway erect upon the i r own land and a t all t imes thereafter ma in t a in a suitable s tat ion or lodge at t he place where t h e said rai lway shall cross t he company 's rai lway on t h e level and shall also erect and ma in ta in good and sufficient gates across t h e rai lway on each side of the company ' s rai lway where t h e same shall com­ mun ica t e the rewi th such gates to be erected in accordance with and unde r t he direction and to the satisfaction of t he company 's engineer A n d the promoters shall employ and constant ly keep employed a t the i r own expense a t the said stat ion or lodge fit and proper persons to open and shut such gates and the persons so employed shall be unde r the control of t he engineer and officers of the company A n d the promoters shall m a k e compensation and satisfaction to t he company ( the a m o u n t of such compensation and satisfaction to be ascer ta ined and recovered in case of difference in t h e m a n n e r herein­

after

after provided) for t empora ry p e r m a n e n t or r ecu r r ing injury and all o ther damage loss costs charges and inconvenience which may be in anywise occasioned to t he company by such crossing or by t he lay ing or repair of t he said rails or t he non-performance by the said p romote r s of any of t he ma t t e r s and th ings hereby requ i red to be performed by t h e m or otherwise and if t h e promoters and the company shal l not agree as to t h e a m o u n t of compensat ion to be paid by the p romote r s to t h e company for lay ing down such rai ls or for or in respect of or in re la t ion to any of t h e m a t t e r s a n d th ings aforesaid t h e n such a m o u n t shall be ascertained by a rb i t ra tors in t he m a n n e r hereinaf ter provided in case t he said J o h n Malco lm a n d the promoters shall no t agree as to t he a m o u n t to be paid by t h e m for t he l and

belonging to t he said J o h n Malco lm Provided tha t t h e costs of such

arb i t ra t ion shall be borne by the p romoters and if such amoun t w h e n ascer ta ined be no t paid by t h e p romoters to t he company on demand the same m a y be recovered from the p romoters by t he company in a n act ion of debt or by any other proceeding for enforcing performance of awards in t he Supreme Cour t of N e w South Wales .

16. Unless bo th par t ies shall concur in t h e appo in tmen t of a

single a rb i t ra tor each p a r t y on the reques t of t he other pa r ty shall

n o m i n a t e and appoin t an a rb i t ra to r to w h o m such dispute or o ther

m a t t e r shall be referred and every appo in tment of an a rb i t ra tor shall

be u n d e r t h e h a n d of such p a r t y and such appo in tmen t shall be

delivered to t h e a rb i t ra tor or a rb i t ra to rs a n d shall be deemed a sub­

mission to arbi t ra t ion on t h e pa r t of the pa r ty by w h o m the same shall be made and after any such appo in tment shall have been made ne i ther pa r ty shall have power to revoke t h e same wi thou t t he consent of t h e o ther nor shall t he dea th of e i ther pa r ty operate as a revocat ion and if for t h e space of fourteen days after any such dispute or o ther m a t t e r shall have ar isen and after a reques t in wr i t ing shall have been served by t h e one pa r ty on the other pa r ty to appoint an arb i t ra tor such last- men t ioned pa r ty fail to appoint such a rb i t ra to r t h e n upon such failure

t he pa r ty m a k i n g the reques t and hav ing himself appointed a n arbi­

t r a to r m a y appoint such a rb i t ra tor to ac t on behalf of both par t ies and

such a rb i t ra tor may proceed to hear and de te rmine t he m a t t e r s which shall be in dispute; and in such case t he award or de te rmina t ion of such single a rb i t ra tor shall be final and conclusive.

17. I f before t he m a t t e r so referred shall be de termined a n y

a rb i t ra tor appoin ted by ei ther pa r ty shall die or become incapable or

refuse or for fourteen days neglect to act as a rb i t ra tor the pa r ty by

w h o m such a rb i t ra tor was appointed m a y nomina te and appoin t in

wr i t ing some o ther person to act 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 p a r t y for t h a t purpose he fail to do so the r ema in ing or other a rb i t ra tor m a y proceed alone a n d every a rb i t ra tor so to be subs t i tu ted as aforesaid shal l have t h e same powers and authori t ies as were vested in t he former arbi­ t r a to r a t t h e t ime of such his death 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 arb i t ra tors shall before they en te r upon t h e ma t t e r s referred to

t h e m nomina te and appoint by wr i t ing u n d e r the i r hands an u m p i r e to decide any m a t t e r s on which they shall differ or which shall be referred to t h e m u n d e r the provisions of th is A c t and if such ump i r e shall die or refuse or for seven days neglect to act after be ing called upon to do so by the a rb i t ra tors t hey shall for thwith after such death refusal or neglect appoin t ano ther u m p i r e in his place and the decision of every such ump i r e on the ma t t e r s so referred to h im shall be final.

19. I f in e i ther of t he cases aforesaid t he a rb i t ra to rs shall

refuse or shall for seven days after reques t of e i ther pa r ty to such

arbi trat ion

arbi t ra t ion neglect to appoint an ump i r e i t shall be lawful for any of the J u d g e s of t he Supreme Cour t on t he applicat ion of e i ther pa r ty to

such a rb i t ra t ion to appoint an u m p i r e and t h e decision of such ump i r e

on t h e ma t t e r s on which the a rb i t ra tors shall differ or which shall be

referred to h i m unde r th i s Ac t shall be final.

20. I f when a single a rb i t ra to r shall have been appointed such

arb i t ra tor shall die or become incapable or shall refuse or for fourteen days neglect to act before he shall have made his award t h e ma t t e r s referred to h im shall be de termined by arbi t ra t ion unde r t h e provisions

of th i s Ac t in t he same	m a n n e r as if such a rb i t r a to r	had not	been
appointed.

2 1 . I f where more t h a n one a rb i t ra tor shall have been appointed

e i ther of t h e a rb i t ra tors shall refuse or for seven days neglect to act t he other a rb i t ra tor m a y proceed alone and t h e decision of such other

a rb i t ra tor shall be as effectual	as if he had been the single arbi t ra tor
appointed by both part ies .

22.    I f where more t h a n one arb i t ra tor shall have been appointed

and where ne i ther of t h e m shall refuse or neglect to act as aforesaid such arb i t ra tors shall fail to m a k e the i r award wi th in twenty-one days after t he day on which the last of such arb i t ra tors shall have been appointed or wi th in such ex tended t ime (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 the ump i r e to be appoin ted as aforesaid.

23. The said a rb i t ra tors or the i r umpi re m a y call for the

product ion of any documents in t h e possession or power of e i ther pa r ty which they or he m a y t h i n k necessary for de te rmin ing the quest ion in dispute and may examine the par t ies or the i r witnesses on oath and

adminis te r t h e oaths necessary for t h a t purpose .

24. Before any a rb i t ra tor or ump i r e shall enter in to t h e con­

sideration of any ma t t e r s referred to h im he shall in t h e presence of a J u s t i c e of t h e Peace m a k e and subscribe t h e following declarat ion

( tha t is s ay )—

" I A. B . 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 he ma t t e r s referred to m e u n d e r t h e p r o -

" visions of ' The M i n m i and H e x h a m Rai lway Act . '

" M a d e and subscribed in t he presence of A . B . "

A n d such declara t ion shall be annexed to t h e award when m a d e and if any a rb i t ra tor or u m p i r e hav ing m a d e such declarat ion shall wilfully

act con t ra ry there to he shall be gui l ty of a misdemeanor . 25. Al l t he costs of any such arbi t ra t ion and inc ident there to
to be sett led by the a rb i t ra to rs shall be borne by the p romoters unless
t he arb i t ra tors shall award t h e same or a less sum t h a n shall have been offered by t h e promoters in which case each p a r t y shall bear his own costs incident to the a rb i t ra t ion and the costs of t h e a rb i t ra tors

shall be borne by t h e 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 in which case	t he
whole costs shall be paid by the cla imant	Provided t h a t if ei ther

pa r ty shall be dissatisfied wi th t h e costs allowed by t h e a rb i t ra tors as

aforesaid t he costs may be t axed by t h e	P ro thono ta ry or o ther proper
officer of the Supreme; Cour t a n d the a m o u n t allowed by such	officer
shall be t h e a m o u n t of costs to be paid.

26. The arb i t ra tors shall deliver the i r award in wr i t ing to t he

promoters who shall re ta in t h e same and shall for thwith on demand a t the i r own expense furnish a copy thereof to t he other pa r ty and shall at all t imes on demand produce the said award and allow the same to be inspected or examined by such pa r ty or any person

appointed by h im for t h a t purpose .

27. The submission to any such arb i t ra t ion may be m a d e a

ru le of t he Supreme Cour t on t he appl icat ion of e i ther of t he par t ies .

28. N o award made wi th respect to any quest ion referred to

a rb i t ra t ion unde r t h e provisions of th i s Act shall be set aside for

i r regular i ty or error in m a t t e r of form.

29. The following words and expressions in th i s A c t shal l have
t he mean ing hereby assigned to t h e m unless the re be someth ing ei ther

in t he subject or contex t r e p u g n a n t to such const ruct ion The word

" p romoters " shall m e a n the said J o h n Eales and J o h n Chris t ian their

hei rs a n d assigns t he word " ra i lway " shall m e a n t h e " M i n m i a n d

H e x h a m R a i l w a y " t he word " c o m p a n y " shall m e a n the " H u n t e r

R ive r Rai lway Company " and in ci t ing th is A c t i t shall be sufficient

to use t he expression " T h e M i n m i a n d H e x h a m Rai lway A c t " t h e

word " J u s t i c e " shall m e a n Jus t i ce of t he Peace in and for t he te r r i ­

to ry of N e w South W a l e s a n d who shall no t be in teres ted in the m a t t e r

r equ i r ing t h e cognizance of such Jus t i ce and where any m a t t e r shall be au thor ized or requi red to be done by two Jus t ices t h e expression " two J u s t i c e s " shall m e a n two Jus t i ces assembled and ac t ing toge ther in P e t t y Sessions and where unde r t he provisions of th i s Act any not ice shall be requ i red to be given to t h e owner of any land or where any act shal l be author ized or requi red to be done wi th t he consent of any such owner the word " o w n e r " shall be unders tood to m e a n any person or corporat ion who u n d e r t he provisions of th is Ac t would be enabled to sell land to t he p romote r s .

S C H E D U L E .

C o m m e n c i n g on the south boundary l ine of the said J o h n Malco lm's s ix hundred and

forty acres b e i n g the north boundary l i n e of W i l l i a m Charles W c n t w o r t h ' s s i x hundred and

forty acres b e i n g a l ine bear ing north th i r ty - seven degrees east or thereabouts and c o n t i n u i n g in that direct ion for a d is tance of one t h o u s a n d three hundred and seventy-five yards (more or less) to the east boundary l ine of the said J o h n Malco lm's said s ix hundred and forty acres w h i c h said la s t -ment ioned boundary l i n e d iv ides the same from the said W i l l i a m Charles

W e n t w o r t h ' s one thousand acres.