Mittagong Coal-mining Company's Railway Act of 1884 No mcm (NSW)
Aii Act to enable a Company called t he " M i t t agong Coal-mining Company ( L i m i t e d / ' to const ruct a Hallway from the Mi t t agong Coal-mine to the Grea t Southern Rai lway. [31s* October, 1884J
~ * T 7 " H E R E A S cer ta in persons now residing in t h e Colony of N e w
V T South Wales have opened coal-mines a n d established collieries on cer ta in lands s i tua te a t M i t t a g o n g in the parish of Je l lore in t h e Colony of N e w South W a l e s and wi th others have formed themselves in to a Company called the " M i t t a g o n g Coal-mining Company ( L i m i t e d ) " and in order to faci l i tate communica t ion between t h e said coal-mines a n d t h e Grea t Sou the rn l l a i lway such Company is desirous of con s t ruc t ing a ra i lway from the i r said coal-mine to the Grea t Sou the rn
l l a i lway b u t as pa r t of such proposed ra i lway is in tended to be m a d e
upon and pass t h r o u g h lands believed to be t h e proper ty of t he Crown
and pr iva te persons respect ively t h e same cannot be m a d e w i t h o u t Legis la t ive au thor i ty A n d whereas the said coal-mines are l ikely to prove beneficial to t h e Colony and the publ ic are concerned in pro mot ing such an increase in and facilities for t h e supply of coal for local consumpt ion s t eam nav iga t ion a n d expor t as would resul t from the const ruct ion of t he said proposed ra i lway and the traffic on tho Great Sou the rn l l a i lway would be increased the reby it is therefore desirable to au thor ize by Legislat ive enac tmen t t h e cons t ruc t ion of t h e said rail
way subject to t h e provisions hereinaf ter contained upon p a y m e n t of compensat ion to t he several par t ies t h r o u g h wdiose l and t h e same shal l pass for such por t ion of the i r respect ive lands as m a y be requ i red to be t a k e n and occupied the reby Be i t therefore enac ted by the
Queen ' s Mos t Exce l l en t Majes ty by a n d Avi th t h e advice and consent
of t h e Legis la t ive Council and Legis la t ive Assembly of N e w South
W a l e s in Pa r l i amen t assembled and by t h e au tho r i t y of t he same as follows :— 1. I t shall be law rful for t h e said Company to m a k e a n d con
s t ruc t a railAA'ay from t h e sou thern boundary of the i r said lands u n t o
a n d t h r o u g h t h e lands be longing to t he Crown and u n t o and t h r o u g h
cent re of t h e Joadja Creek Ra i lway A n d also t h a t t he said Company m a y t ake a n d occupy three acres of land or any lesser area a t t he j unc t ion of the said ra i lway Avi th the Grea t Sou the rn Ra i lway P ro vided ahvays t h a t such three acres or any such lesser area shal l no t inc lude
lands k n o w n as be longing to tin; " A u s t r a l i a n Kerosene Oil and Mine ra l
Company ( L i m i t e d ) " and u n t o and t h r o u g h lands k n o w n as be longing
to Alfred W c l b y a n d u n t o and t h r o u g h lands k n o w n as be longing in
David I l i n e s and H i r a m H i n e s and u n t o and t h r o u g h lands k n o w n as
be longing to H e n r y V a u g h a n and u n t o and t h r o u g h lands k n o A v n as be long ing to t h e " Ei tz roy Bessemer Steel H e m a t i t e I r on and Coal Company (L imi t ed ) " and to effect a junc t ion if necessary be tween said l ine and t h e Great Sou the rn l l a i lway in accordance wi th section n ine ty- n ine of t he " Gove rnmen t Ra i lways A c t of 1 8 5 8 " such rai lway to be in
t h e direction described in t h e Schedule b u t so t h a t t he same shal l no t
occupy a t any pa r t thereof (except nea r t h e j unc t i on of t he Great Sou the rn Ra i lway) a grea ter space in b read th t h a n sixty-six feet
Provided t h a t such space in b read th shall no t include a n y por t ion of
t h e land noAV belonsrinir to or used bv t h e " A u s t r a l i a n Kerosene Oil
and Minera l Company ( L i m i t e d ) " nearer t h a n s ixteen feet from the
inc lude any por t ion of t h e l and now belonging to or used by the " Aus t r a l i an Kerosene Oil and Mine ra l Company ( L i m i t e d ) " for t h e
| purposes of the i r rai lway a t t h e | j unc t ion of t h e Joadja Creek | Ra i lway |
| wi th | t he | Grea t | Sou the rn | Ra i lway . |
2. The g round and soil of so m u c h of t h e site of t he ra i lway as passes over tho lands of t he said owners of lands respectively and over Crown L a n d toge ther w i th such r igh t s of ingress egress and regress upon t h e adjacent land as m a y be necessary for t h e m a k i n g and repair thereof except as to any land belonging to or used by t h e " Aus t ra l i an Kerosene Oil and Mine ra l Company ( L i m i t e d ) " wi th in s ixteen feet of t he cent re of t h e Joad ja Creek Ra i lway shall be vested by v i r tue of th i s A c t and w i t h o u t t h e necessity of any conveyance in t he Company for t h e purposes of t h e ra i lway Provided t h a t no lands vested in t he Commissioner for Ra i lways or in t he " Aus t r a l i an Kerosene Oil and Mine ra l Company ( L i m i t e d ) " w i th in sixteen feet of tho cent re of t h e Joadja Creek Ra i lway shall by v i r tue of th is A c t be vested in t he Company and no th ing here in contained shall p reven t t h e said owners
| from | car ry ing | on any m i n i n g operat ions benea th t h e said ra i lway which |
shall no t in terfere w i t h t h e safety of t he said ra i lway a n d t h e traffic thereon a n d the Company shal l have no fur ther r i gh t to t h e soil of t he said lands benea th t he surface t h a n shall be requis i te for the formation a n d repair of t ho said road by c u t t i n g e m b a n k i n g s inking
| wells or otherwise | Provided t h a t t h e said ra i lway shal l be const ructed |
and b r o u g h t into use wi th in two years after t he pass ing of th i s A c t and t h a t in default thereof or if after i ts complet ion t h e said ra ihvay shal l cease to be used for two years cont inuous ly all t h e said lands a n d all t h e said Company ' s in teres t and estate the re in shal l rever t w i thou t any conveyance to t h e original owners thereof the i r heirs and assigns Provided also t h a t if i n t h e exercise of t he powers he reby g ran ted it be found necessary to cross cu t t h r o u g h sink raise or use any par t of any road w h e t h e r carr iage road or horse road so as to r ende r i t impassible for or dangerous or inconvenien t to t h e persons ent i t led to t he use thereof t h e Company shal l before tho c o m m e n c e m e n t of any such operat ions cause a sufficient road to be m a d e instead of any road interfered with and shal l a t the i r own expense ma in t a in such subs t i tu ted road in a s ta te as convenien t as t h e road interfered wi th or as near ly as m a y be A n d the Company before they use t h e said lands of t he said owners of land respectively a n d the said Crown L a n d for a n y of t h e purposes aforesaid shall separate t he same b y a sufficient
fence f rom t h e land adjoining the re to wi th such gates as m a y be
requi red for t h e convenient occupat ion of such l and a n d p a y the
va lue agreed u p o n or assessed for t h e r e sumpt ion of such lands and shall also to al l 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 where t he same m a y be necessary to p r even t t he s t r ay ing of ca t t le from or upon the lands t raversed by such roads a n d in case of a n y difference be tween t h e owners or occupiers of such roads and lands and the Company as to t he necessity for or sufficiency of such fences a n d gates t h e n t h e said Company shall p u t u p and erect such fences and gates as a n y two Jus t i ces of t he Peace shall deem necessary and sufficient for t h e purposes aforesaid on applicat ion be ing m a d e to t h e m Provided always and t h a t i t shall n o t be lawful for t he said Company to p u t u p and erect any fences or gates nearer t h a n s ixteen feet from t h e centre of t h e Joad ja
| Creek | Ra i lway . | |
|
of a toll to tho Company of a s u m not exceeding t h e r a t e per t on per mi le charged by t h e Commissioner for Ra i lways in respect of every t o n of goods for every t rans i t t he pa r ty seeking t rans i t supply ing and loading his own or t h e Governmen t t rucks and waggons and t h e
Company
Company or t he G o v e r n m e n t supply ing locomotive power a n d al l t r ucks w h e n empt ied shall be conveyed on the i r r e t u r n free of cost Provided always t h a t i t shall no t he compulsory on the Company to supply locomotive power unless t he pa r ty seeking t rans i t gua ran t ee
a n d br ing th i r ty - s ix tons a t least du r ing the twelve w o r k i n g ' h o u r s a n d give not ice of same a t least twenty- four hours previously The ra i lway shall at all t imes be open to t h e publ ic upon p a y m e n t of a toll to t h e Company o f a sum not exceed ing one halfpenny per ton per mile in respect o f every ton of goods for every t rans i t if t h e p a r t y seeking t rans i t or Commissioner for Rai lways supply t h e locomotive power as well as the t rucks a n d A v a g g o n s Provided t h a t so long as t h e
Company shal l be wi l l ing to supply locomotive power no o ther person shall use locomotive power on the l ine o ther t h a n t h e Commissioner for Ra i lways Provided t h a t if the rai lway shall be damaged b y
par t ies who shal l themselves use t he ra i lway for t rans i t and s u p p l y
locomotive power t h e Company shall be ent i t led to compensat ion for such damage to be recovered e i ther by ac t ion in t h e Supreme Cour t of N e w South Wales or i f such d a m a g e do no t exceed the sum of t w e n t y pounds summar i ly before two Jus t i ces and in es t imat ing s u c h damage the Company shall be ent i t led only to compensat ion for t he cost of repai r ing and restor ing the ra i lway b u t not to t h e consequent ia l damage (if any) susta ined by reason of t h e suspension of t r ans i t or otherwise .
4 . A n d be i t enacted t h a t it shall be lawful for t h e owners or occupiers of t he lands t raversed by t h e said ra i lway to lay down upon the i r own lands any collateral branches of ra i lway to communica te w i t h t he said rai lway for t he purpose of b r ing ing carr iages to or from or upon t h e said ra i lway and t h e Company shal l if required a t t h e expense of such owners or occupiers m a k e openings in t he rails a n d such addi t ional lines of ra i lway as m a y be necessary for effecting such communica t ion in places where t h e communica t ion can be m a d e w i t h safety to t h e publ ic and wi thou t in jury to t h e said railw ray a n d wi thou t inconvenience to t he traffic the reupon and the Company shall no t t ake any ra t e or toll or o ther moneys for t he passing of any passengers goods or o ther t h i n g s a long any b ranch so to be made b y any such owner or occupier or o the r person b u t th is e n a c t m e n t shal l be subjec t to t h e
following restr ic t ions a n d conditions ( tha t is to say) N o such ra i lway shall r u n para l le l to t h e said ra i lway t h e Company shal l no t be bound to m a k e a n y such openings in any place wh ich t hey shall have set apa r t for any specific purpose wi th wh ich such communica t ion would
interfere nor upon any incl ined p lane exceeding one in th i r ty or b r idge nor in any t u n n e l The persons m a k i n g or us ing such b ranch rai lways shal l be subject to all by-laws and regula t ions of t ho Company from t i m e to t ime made wi th respect to passing upon or crossing the rai lway and otherwise and t h e persons m a k i n g or us ing such b r a n c h rai lways shall be bound to cons t ruc t and from t ime to t ime as need m a y require to renew t h e off-set plates and switches according to t h e most approved p lan adopted by the Company under t h e direction of thei r engineer Provided always t h a t no th ing in th i s clause shall in any way interfere w i th dis turb or effect any r igh ts l ibert ies or powers be longing to or exercised by t h e " Aus t ra l i an Kerosene Oil a n d Minera l Company (Limi ted) . " '
5. P o r t he purposes and subject to t h e provisions hereinaf ter
contained i t shal l be lawful for t h e Company the i r deput ies agents servants and w o r k m e n and all o ther persons b y t h e m author ized and empowered to divert or a l ter t h e course of any road or way other t h a n the Joad ja Creek Ra i lway crossing t h e ra i lway or to raise or sink any road or way other t h a n t h e Joadja Creek Ra i lway in order t he more convenient ly to carry t h e same over or unde r or by t h e side of
t h e rai lway. 6.
G. I f the Company do no t cause ano ther sufficient road to he so m a d e before they interfere wi th any such exis t ing road as aforesaid they shall forfeit twen ty pounds for every day du r ing which such subs t i tu ted road shall n o t be made after the exis t ing road shall have been in te r rupted and such pena l ty shall be paid to t h e Trustees Commis sioners surveyor or o ther persons hav ing the m a n a g e m e n t of such road if a publ ic road and shal l be applied for t h e purposes thereof or in case of a pr ivate road the same shall be paid to t he owner thereof and every such pena l ty shall be recoverable wi th costs by ac t ion in a n y Cour t a t the ins tance of t he Trustees Commissioner surveyor or o ther persons as aforesaid or in case of a p r iva te road a t t he ins tance of t h e owner
thereof.
7. If in the course of m a k i n g the ra i lway the Company shall
use or in terfere w i th a n y road they shall from t ime to t i m e m a k e good all damage done by t h e m to such road and if any quest ion shall arise as to t he damage done to any such road by the Company or as to t h e repair thereof by t h e m such quest ion shall be referred to t he deter mina t ion of two Jus t ices and such Jus t i ces m a y direct such repairs to be m a d e in the s ta te of such road in respect of damage done by t h e Company a n d wi th in such period as they m a y t h i n k reasonable and m a y impose on the Company for not car ry ing into effect such repairs any pena l ty not exceeding t en pounds per day as to such Jus t i ces shal l seem fit and a n y such pena l ty shall be paid to t he surveyor or other person h a v i n g t h e m a n a g e m e n t o f t he road interfered wi th by t h e Company if a publ ic road a n d be applied for t he purposes of s u c h road or if a pr iva te road the same shal l be paid to t h e owner thereof and every such pena l ty shall be recoverable w i th costs by action in any Cour t a t t he ins tance of the surveyor or other person or owner as aforesaid Provided always t he said Jus t ices shall have regard to and
| shall m a k e full | a l l o w a n c e | for a n y tolls t h a t m a y have been paid by | t h e |
Company on such road in the course of t h e u s ing thereof.
8. U n t i l t he Company shal l have m a d e t h e br idges or o ther
proper communica t ions which t hey shall u n d e r t he provisions here in contained have been required to m a k e be tween lands intersected by t h e ra i lway and no longer the owners a n d occupiers of such lands a n d a n y other persons whose r ight-of-way shall be affected by the w a n t of such communica t ions and the i r respective servants m a y a t all t imes freely pass and repass wi th carriages horses and other animals direct ly b u t not otherwise across any pa r t of t he ra i lway m a d e in or t h r o u g h the i r respective land's solely for t h e purpose of occupying the same
| t he passage along the ra i lway or to damage the same Nevertheless if | lands or for t he exercise of such right-of-way and so as not to obstruct | |
| t he owner or occupier of any such lands have in his a r r angemen t s wi th the Company received compensat ion for or on account of any such communica t ions instead of t h e same being formed such owner or occupier or those c la iming under h i m shall no t be enti t led so to cross | ||
| ||
| 9. If t h e ra i lway cross any publ ic h ighway or par ish road or t he Joadja Creek Ra i lway on a level the Company shall erect a n d a t all t imes main ta in good and sufficient gates across such road on each side of t h e ra i lway where the same shal l communica te the rewi th and shall employ proper persons to open a n d s h u t such gates and such gates shall be k e p t cons tant ly closed across such roads on bo th sides of t h e ra i lway except du r ing the t ime w h e n horses ca t t le car ts or carr iages passing a long the same shal l have to cross such rai lway and such gates shall be of such dimensions and so const ructed as w h e n closed to fence in the ra i lway and prevent ca t t le or horses passing a long the road from en te r ing upon the ra i lway and the person en t rus ted wi th t h e care of such gates shall cause t h e same to be closed as soon as |
such
such horses cat t le carts or carr iages shall have passed t h r o u g h t h e same unde r a pena l ty no t exceeding forty shil l ings for every default there in such pena l ty to he recoverable summar i ly wi th costs before two Jus t i ces Provided a lways t h a t it shall be lawful for t h e Secretary for Pub l i c W o r k s in any case in which he shall be satisfied t h a t it will be more conducive to t he publ ic safety t h a t the gates on any level crossing over a n y such road shall be kep t closed across t h e ra i lway to order t h a t such gates shal l be kep t so closed instead of across t h e road and in such case such gates shal l be k e p t constant ly closed across t h e ra i lway except w h e n engines or carr iages passing a long t h e ra i lway shal l have occasion to cross such road in t h e same m a n n e r and u n d e r
t h e l ike pena l ty as above directed wi th respect to t h e gates be ing kep t closed across t h e road. 10. I n case of accidents or slips happen ing or be ing apprehended to t h e cu t t ings e m b a n k m e n t s or other works of t h e said rai lway i t shal l be lawful for t he Company a n d their w o r k m e n and servants to enter upon t h e land adjoining the re to o ther t h a n t h e lands of or be longing to
t h e " Aus t ra l i an Kerosene Oil and Mineral Company ( L i m i t e d ) " or the i r
assigns wi th in s ixteen feet of t h e cent re of t he Joad ja Creek R a i l w a y a t a n y t ime whatsoever for t h e purpose of repa i r ing or p r even t ing such accidents and to do such works as m a y be necessary for t h e purpose b u t in every such case t he Company shal l wi th in forty-eight
hours after such en t ry m a k e a repor t to t h e Secretary for Pub l ic W o r k s specifying the n a t u r e of such accident or apprehended accident and of t h e works necessary to be done a n d such powers shall cease and de te rmine if t h e said Secretary shall after considering t h e said repor t certify t h a t the i r exercise is not necessary for the publ ic safety Provided also t h a t such works shall be as l i t t le injurious to t h e said adjoining lands as t he n a t u r e of t h e accident or apprehended accident wil l admi t of and shal l be execu ted w i t h all possible d ispatch and full compensat ion shall be m a d e to t he owners and occupiers of such lands for t h e loss or in ju ry or inconvenience sustained b y t h e m respect ively by reason of such works t he a m o u n t of which compensa t ion in case of any d ispute abou t t h e same shal l be settled by arbi t ra tors in t h e m a n n e r hereinaf ter ment ioned A n d provided also t h a t no land shal l be t a k e n p e r m a n e n t l y for any such works otherwise t h a n is herein provided wi th respect to t h e lands originally t aken for t h e purpose of
m a k i n g the said ra i lway.
1 1 . Every br idge to be erected for t h e purpose of car ry ing t h e
ra i lway over any road shall be bu i l t in conformity wi th t h e following
regula t ions ( tha t is to s a y ) — The wid th of t he a rch shal l be such as to leave the reunde r a clear space of not less t h a n t h i r t y feet if t h e a rch be over a publ ic h ighway and of t w e n t y feet if over a par ish road and of twelve feet if over a p r iva te road.
T h e clear he igh t of t h e a rch from t h e surface of t he road shall no t be less t h a n sixteen feet for a sjrace of twelve feet if t h e a rch be over a m a i n road and fifteen feet for a space of t e n feet if over a publ ic carr iage road and in each of such cases t h e c lear he igh t a t t h e spr ing ing of t h e a rch shall n o t be less t h a n twelve feet t he clear h e i g h t of t he a rch for a space of n ine feet shal l no t be less t h a n four teen feet over a p r iva te road.
The descent m a d e in t h e road in order to carry t h e same u n d e r t h e br idge shall n o t be more t h a n one foot in th i r ty feet if t h e br idge be over a publ ic h ighway one foot in twen ty feet if over a par i sh road and one foot in s ix teen feet if over a pr iva te road no t be ing a t r amroad or rai l road or if t he same
be a t r amroad or ra i l road t h e descent shall n o t be grea ter t h a n the r u l i n g gradient of such t r amroad or rai lroad.
12. Every bridge; erected for car ry ing any road over t h e rai lway
| shal l be bu i l t in conformity | wi th | t h e following regula t ions | ( tha t is |
| to | s a y ) — |
There shall be a good a n d sufficient fence on each side of t h e br idge of not less he igh t t h a n four feet and on each side of the i m m e diate approaches of such br idge of no t less t h a n th ree feet.
The road over t he br idge shall have a clear space be tween the
fences thereof of thi r ty- l ive feet if t h e road be a publ ic h ighway and twenty- l ive feet if a par ish road and twelve feet if a private; re)ad.
The ascent shall no t be more t h a n one foot in t h i r t y feet if the road be a m a i n road one foot in twen ty feet if a par i sh road and one foot in sixteen feet if a pr iva te road no t be ing a t ramroad or railroad or if t h e same be a t r amroad or railroad t h e ascent shal l not be grea ter t h a n t h e ru l i ng gradient of such t ramroad or railroad.
13 . Provided always t h a t in all cases where t h e average avai lable
| width for t h e passing of carr iages of a n y exis t ing | road wi th in fifty |
| yards of t he points of crossing t h e same is less t h a n t he wid th | herein |
before; prescribed for br idges over or unde r t h e rai lway t h e wid th of such bridges need not he greater t h a n such average available; wid th of such reads b u t so never theless t h a t such bridges be not of less wid th
| in case; of a publ ic h ighway or par ish road t h a n t w e n t y feet | Provided |
also t h a t if a t any t ime after t he const ruct ion of t h e ra i lway t h e average; available wid th of any such road shall be increased beyond t h e wid th of such br idge on ci ther side thereof t he Company shall be bound a t the i r own expense to increase t h e wid th of t he said br idge to such e x t e n t as t h e y m a y be requi red by t he Trustees or surveyors of such road not exceeding the wid th of such road as so widened or t he m a x i m u m wid th herein prescribed for a br idge in t h e l ike case over or
| u n d e r | the rai lway. | ||||||||
| |||||||||
| w i t h i n |
|
| o r | t he | i n c l i n a t i o n | of such p o r t i o n | of a n y r o a d a s | m a y | be p r e s e r v e d | t o |
| be a l t e r e d | o r f o r wh ich | a n o t h e r | r o a d | shall | b e | s u b s t i t u t e d | s h a l l | b e |
| s t e e p e ; r | t h a n | t h e ; i n c l i n a t i o n | hereinbefore | r e q u i r e d | to bo p r e s e r v e d | b y |
| t h e | Company t h e n | the Company m a y car ry a n y such road over or |
| u n d e r | t he r a i l w a y | or m a y | c o n s t r u c t | s u c h | a l t e r e d | o r | s u b s t i t u t e d | r o a d |
| a t a n | i n c l i n a t i o n | n o t | s t e e ; p e r | t h a n | t h e | s a i d | m e s n e | i n c l i n a t i o n | of | t h e ; |
| r o a d | s o to be | c r o s s e d | o r o f t he r o a d | s o r e e p u i r i n g | to | b e | a l t e r c e l | o r | for |
| AAdiich a n o t h e r | road | shall be s u b s t i t u t e d . |
15, The Company shall m a k e and a t all t imes thereaf ter ma in
| t a i n | t h e ; | f o l l o A v i n g | A v o r k s | for | t h e | a c c o m m o d a t i o n | o f t h e | o w n e r s | a n d |
| o c c u p i e r s | of l a n d s | a d j o i n i n g | t h e r a i h v a y | ( tha t | is to s a y ) — |
Such a n d s o m a n y c o n v e n i e n t g a t e s b r i d g e s a r c h e s culver ts and p a s s a g e s o v e r u n d e r b y t h e s i d e s of or l e a d i n g to o r f r o m t h e
ra i lway as s h a l l be n e c e s s a r y for t h e p u r p o s e of m a k i n g g o o d
a n y i n t e r r u p t i o n s c a u s e d b y t h e r a i l w a y to t h e u s e of t h e
l a n d s t h r o u g h w h i c h t h e ra i lway s h a l l be; m a d e a n d s u c h w o r k s s h a l l b e m a d e for thwi th after t h e pa r t o f t h e ; r a i l w a y
p a s s i n g over such lands shall have b e e n laid o u t or f o r m e d o r
d u r i n g t h e f o r m a t i o n t h e r e o f .
Al l s u f f i c i e n t p o s t s r a i l s h e d g e s d i t c h e s m o u n d s or o the r f e n c e s for
s e p a r a t i n g t he l a n d t a k e n f o r t h e u s e of t h e r a i l w a y f r o m the
a d j o i n i n g l a n d s n o t t a k e n a n d p r o t e c t i n g s u c h l a n d s f r o m
t r e s p a s s or t h e cat t le of t h e O w n e r s or o c c u p i e r s t h e r e o f f r o m s t r a y i n g t h e r e o n b y r e a s o n o f t h e r a i l w a y t o g e t h e r w i th all
n e c e s s a r y gates m a d e to open t o w a r d s s u c h a d j o i n i n g l a n d s
a n d no t t o w a r d s t he r a i l w a y a n d all necessary stiles and such posts
posts rails and other fences shall he made for thwi th after the t ak ing of a n y such lands and t h e said o the r works as soon as
convenient ly m a y he Also all necessary arches tunne l s culver ts drains or o ther passages ei ther over or unde r or by t h e sides of t h e rai lway of such dimensions as will be sufficient a t all t imes to convey t he wa te r as clearly from t h e lands ly ing near or affected by the rai 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 h e rai lway works proceed
Also proper water ing-places for cat t le or compensat ion in l ieu thereof where by reason of t h e ra i lway t he cat t le of any person occupying any lands ly ing near there to shal l be deprived of access to the i r former water ing-places and such water ing-places shall be so m a d e as to be a t a l l t imes suffi cient ly supplied wi th wa te r as theretofore and as if t he rai lway had not been made or as near ly so as may be and t h e said Company shall m a k e all necessary watercourses and drains for t he purpose of conveying water to t h e said water ing places
Provided a lways t h a t t h e Company shall no t 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 rai lway nor to m a k e any accommodat ion works wi th respect to which t he owners and occupiers of t he l and shall have agreed to receive and shall have been paid compensat ion instead
of t h e m a k i n g t h e m . 16. If any person omit to shu t and fasten any gate set u p a t
e i ther side of t h e ra i lway for the accommodat ion of t he owners or occupiers of the adjo in ing lands s o s o o n as he and t h e carr iage cat t le or
o ther an imals (if any) u n d e r h i s c a r e h ave passed t h r o u g h t h e same he shall forfeit for every such o f f e n c e a n y s u m no t exceeding t en pounds which shal l be recoverable summar i ly w i th costs before any two Jus t ices .
17 . The Company shal l not be ent i t led to a n y mines of coal iron
stone slate or other minera ls u n d e r a n y l and whereof t he surface is vested in t h e m by v i r tue of th i s A c t except only such par t s thereof as shal l be necessary to be d u g or carried away in t he const ruct ion of t h e works hereby author ized and such mines shal l no t be deemed to vest in
t h e said Company .
18 . I f wi th in twenty-e igh t d a y s after t he pass ing of th is A c t
t h e said persons t h r o u g h whose lands t h e ra i lway shall pass or any of
t h e m and t h e Company shal l no t agree a s to t h e a m o u n t of compen sat ion to be paid by t h e m for t he s a i d l ands be longing to t h e said
par t ies or any of t h e m o r f o r any d a m a g e t h a t m a y be sustained by t h e m or h i m b y reason of t he execut ion of t h e w o r k s or by reason of
t h e severance of any port ion of t he said lands be longing to t he said par t ies or any of t h e m from any o t h e r por t ion of t h e same or if any
o the r quest ion as to compensat ion shall arise unde r th is Ac t t he a m o u n t of such compensa t ion shall be sett led by arb i t ra tors in m a n n e r here
inaf ter ment ioned ( that is to say) Unless bo th part ies shal l concur
in t h e a p p o i n t m e n t of a single a rb i t ra to r each p a r t y on t h e reques t
of t h e o ther p a r t y shal l n o m i n a t e a n d appoin t an arbi t ra tor to
w h o m such d ispute or o the r m a t t e r shall be referred and every
appo in tmen t of an a rb i t ra tor shall be u n d e r t he h a n d of such
p a r t y and such a p p o i n t m e n t shal l be delivered to t he a rb i t ra tor
or a rb i t ra tors and shal l be deemed a submission to arbi t ra t ion on
t h e p a r t of t h e p a r t y by w h o m t h e same shall be made a n d after a n y such a p p o i n t m e n t shal l h a v e been m a d e ne i ther pa r ty shall have power to revoke t he same wi thou t t h e consent of the o ther nor shall
t h e
t he death, of e i ther pa r ty operate as a revocation and if for t h e space of four teen days after any such dispute or o ther m a t t e r shall have arisen and after a reques t in wr i t ing shall have been served by t h e one pa r ty on t h e o ther pa r ty to appoin t a n a rb i t ra tor such las t -ment ioned
| p a r t y fail to appoin t | such arb i t ra tor t h e n u p o n | such fai lure i t shal l | be |
| lawful for t he At to rney-Genera l for t he t ime being of t h e said | Colony |
| on the appl icat ion | of t he p a r t y who has himself appoin ted a n | arb i t ra tor |
| to appoin t such a rb i t ra tor to act on behalf | of b o t h part ies and | such |
a rb i t r a to r m a y proceed to hea r and de te rmine t h e ma t t e r s which shall be in d ispute and in such case t h e award or de te rmina t ion of such single a rb i t ra tor shall be final and conclusive.
19. If before t he m a t t e r so referred shall be de termined any arbi t ra tor appointed by ei ther pa r ty shal l die or become incapable or refuse or for fourteen days neglect to ac t as a rb i t ra tor t he p a r t y by whom such arbi t ra tor was appointed m a y nomina te and appo in 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 t h e o ther par ty for t h a t purpose he fail to do so t he r emain ing or o ther arbi t ra tors may proceed alone and every a rb i t ra tor so to be subs t i tu ted as aforesaid shall have t he same powers and author i t ies as were vested in t he former a rb i t ra tor a t t h e t ime of such his dea th refusal neglect or disabil i ty as aforesaid.
20. W h e r e more than one arb i t ra tor shal l have been appointed
| such a rb i t ra to r shall before | they | enter | upon | t h e | m a t t e r s referred | to |
t h e m nomina t e and appoin t b y wr i t ing unde r the i r hands an u m p i r e to decide any ma t t e r s on which they shall differ or which shall be referred to t h e m unde r t he provisions of th is A c t A n d if such ump i r e shall die or refuse or for seven days neglect to act after being called upon to do so by the arbi t ra tors t hey shall fo r thwi th after such dea th refusal or neglect appoin t ano ther u m p i r e in his p lace and the decision of every such umpi re on t h e ma t t e r s so referred to h im shall be final.
2 1 . I f in ei ther of t h e cases aforesaid t he a rb i t ra tor shall refuse
or for seven days after request of e i ther pa r ty to such arb i t ra t ion neglect to appoin t an umpi re i t shall be lawful for t he At to rney- Genera l for t h e t ime being on t h e applicat ion of ei ther p a r t y to such arb i t ra t ion to appoin t an umpi re a n d t h e decision of such umpi re on the mat te r s on which the arbi t ra tors shall differ or which shall be referred to h i m unde r th is Act shall be final.
| 22. If when a single a rb i t r a 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 m a d e his award the | mat te r s |
| referred | to h i m | shall be de termined by arb i t ra t ion u n d e r t he pro |
| visions of th is A c t in t h e same | m a n n e r | as | if | such a rb i t ra tor | h a d | no t |
| been | appoin ted . |
23. If where more t h a n one a rb i t ra tor shall have been ap
pointed ei ther of t h e arbi t ra tors shall refuse or for four teen days
neg lec t to ac t t h e o ther a rb i t ra tor m a y proceed alone a n d t h e decision
| of such o ther a rb i t ra tor shall be as effectual as if he h a d been t h e | single |
| a rb i t ra tor | appoin ted | by | both | part ies . |
2 1 . I f where more t h a n one a rb i t ra tor shall have been ap
pointed a n d where ne i ther of t h e m shal l 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 w i th in twen ty - one days after t h e day on which the last of such arbi t ra tors shall h a v e been appoin ted or wi th in such extended t ime (if any) as shall have been appoin ted for t h a t purpose by both of such arbi t ra tors unde r the i r hands t he m a t t e r s referred to t h e m shall be determined by the umpi re to be appoin ted as aforesaid.
25. T h e said a rb i t ra to rs or the i r u m p i r e m a y call for t h e pro
| d u c t i o n of any | documents in t he possession or power of c i ther pa r ty |
wh ich
which t hey or he m a y t h i n k necessary for de t e rmin ing t h e quest ion in
d ispute and m a y examine t h e par t ies or the i r witnesses on oa th a n d
adminis te r t he oaths necessary for t h a t purpose .
26. Before any arbi t ra tor or u m p i r e shall en ter in to t he con
siderat ion of a n y m a t t e r s referred to h i m he shall in t h e presence of a
Ju s t i ce of t h e Peace m a k e a n d subscribe t he following declarat ion ( tha t is to s ay )—
I A . B . do solemnly and sincerely declare t h a t I wil l fai thfully and honest ly a n d to t h e best of m y skill and abi l i ty hear a n d de termine t he ma t t e r s referred to me under t he provisions of
t h e " M i t t a g o n g Coal-mining Company ' s Rai lway A c t . "
M a d e and subscribed in t he presence of
A . B .
A n d such declarat ion shall be annexed to t he award when m a d e a n d if a n y a rb i t ra tor or u m p i r e hav ing made such declarat ion shall wilfully
ac t con t ra ry the re to he shall be gui l ty of a misdemeanour .
27. A l l t h e costs of any such arb i t ra t ion and inc iden t t h e r e t o
to bo settled by tin; arbi t ra tors shall be borne by the Company unless t h e a rb i t ra tors shall award t h e same or a less s u m t h a n shall have b e e n offered b y t h e Company in which case each pa r ty shall bear his own costs inc ident to t h e arb i t ra t ion and the a rb i t ra tors ' fees shall be borne
b y t h e Company unless t h e a m o u n t awARDED shall be one- four th l e s s
t h a n t h e a m o u n t so offered in w H I C H case t h e whole costs shall be paid
b y t he c l a iman t Provided t h a t if e i ther pa r ty shall be dissatisfied
w i t h the costs a l l o w e d b y t h e a rb i t ra tors as aforesaid or t h e a rb i t ra tors
shal l neg lec t or refuse to a l l o w such costs t h e costs m a y be taxed b y t he P r o t h o n o t a r y or o ther proper officer of t he Supreme Cour t and t h e a m o u n t allowed by such officer s h a l l be t he a m o u n t of costs to be paid
a n d all t he costs of and occasioned b y t h e said Company r e suming
a n y l a n d o r exercising a n y r i g h t of en t ry or o ther r i g h t by th is A c t conferred and of and occasioned by any conveyance t ransfer or o t h e r assurance a n d of deducing or a m e n d i n g t h e t i t le there to shall be borne
a n d paid by the Company the a m o u n t thereof in case of any difference
to bo set t led b y t axa t ion as hereinbefore provided.
28. The arb i t ra tors shall deliver the i r a w a r d in wr i t i ng to t h e
Company who shall re ta in t h e same and shal l F O R T H W I T H on demand a t
t h e i r o w n expense furnish a copy thereof to t he other p a r t y and s h a l l a t al l t imes on demand produce t h e said a w a r d a n d a l l o w t h e same t o
b e inspected or examined b y such pa r ty or any person appointed b y
h i m f o r t h a t purpose and the a m o u n t awarded shall be paid w i t h i n
s ix ty days after t h e publ icat ion of such award. 29. The submission to any such a rb i t ra t ion m a y be made a ru le
of t h e Supreme Cour t on t h e appl icat ion of e i ther of the par t ies .
30. N o award made w i t h respect to any ques t ion referred to
a rb i t ra t ion unde r the p r o v i s i o n s of th is A c t shall be set aside for
i r regular i ty or error in m a t t e r of form. 3 1 . The Company shall m a k e compensation and satisfaction t o
t h e said owners a n d occupiers ( the a m o u n t of such compensa t ion a n d satisfaction to be ascer tained and recovered in case of difference in t he m a n n e r hereby provided) for t empora ry p e r m a n e n t or r ecur r ing in ju ry a n d a l l o ther damage loss costs charges and inconvenience AADIICH m a y
i n anywise be occasioned to t he said owners or occupiers by t he non
per formance by t h e said Company of any of t he ma t t e r s and th ingshe reby requ i red to be performed b y T H E M or otherwise.
32. I n e v e r y c a s e w h e r e t h e Company shall t ake temporary
possession of lands b y v i r tue of t h e powers he reby granted i t shall be i n c u m b e n t on t h e m wi th in one m o n t h after their en t ry u p o n such lands upon be ing requi red so to do to pay to t h e occupier of t he said lands t h e va lue of a n y crop or dressing t h a t m a y be the reon as wELL as full
compensat ion
| compensat ion | for any o the r damage of a t empora ry n a t u r e which lie |
m a y sus ta in by reason of the i r so t a k i n g possession of his lands and t hey shal l also from t ime to t ime dur ing their occupat ion of t he said lands pay half-yearly to such occupier or to t he owner of t h e lands as t h e case may requ i re a r en t to be fixed by two Jus t i ces in case t he part ies differ and shall also wi th in six m o n t h s after en t ry upon such lands pay to such owner and occupier or deposit in t he B a n k for t he benefit of all par t ies in teres ted as t he case m a y requi re compensat ion for all p e r m a n e n t or o ther loss damage or in jury t h a t m a y have been sustained b y t h e m by reason of t h e exercise as regards t h e said lands of t he powers hereby g ran ted inc lud ing the full va lue of all clay stone gravel sand and other t h ings t aken from such lands .
33 . F o r t he purpose of r egu la t ing t he conduct of the officers a n d
servants of t h e Company and for providing for t h e due m a n a g e m e n t of t h e affairs of t he Company in all respects it shall be lawful for t h e Company subject to t h e provisions here in ment ioned from t ime to t ime to m a k e such by-laws a n d regula t ions as they shall t h i n k fit P r o vided t h a t such by-laws be no t r e p u g n a n t to the laws of t h e Colony or to t he provisions of th i s A c t or to any resolut ions of any general m e e t i n g of shareholders and such by-laws shall be reduced into wr i t ing and shal l have affixed there to t h e common seal of t he Company and a copy of such by-laws shall be given to every officer a n d se rvan t of the Company affected the reby and such by-laws may specify a m a x i m u m a n d m i n i m u m pena l ty for a n y breach thereof such pena l ty to be proceeded for and recovered under t h e provisions of t he A c t e leventh and twelfth victoria chap te r for ty- three Provided always t h a t any
| by-laws of | t h e | said Company | re la t ing to | penal t ies | m u s t be | first |
| approved of by t h e A t to rney -Gene ra l | of t he Colony for t h e t ime be ing |
Provided fu r ther t h a t i t shal l no t be lawful for t h e said Company to m a k e or pass any by- law or regula t ion which may affect or t end to affect t h e " Aus t r a l i an Kerosene Oil and Mine ra l Company ( L i m i t e d ) " or thei r assigns or t he Joad ja Creek Ra i lway unless such by- law or regu la t ion shall have been first submi t t ed to and approved by the said
| " Aus t ra l ian | Kerosene | Oil a n d Minera l | C o m p a n y " | or the i r | assigns. |
34. The product ion of a pr in ted or wr i t t en copy of t h e by-laws of t he Company hav ing the common seal of t he Company affixed there to shall be sufficient evidence of such by-laws in all proceedings unde r t h e same.
35 . N o t h i n g in th i s A c t shall be deemed to author ize t he said
Company to interfere wi th t he Great Southern Ra i lway or any of t he
works thereof fur ther or otherwise t h a n is necessary for m a k i n g the
j unc t i on and in te r -communica t ion between the rai lways w i t h o u t t h e
previous consent in wr i t ing in every ins tance of t he Commissioner for Ra i lways or to a l ter or interfere w i th t he Joadja Creek Ra i lway or a n y of t he works thereof fur ther or otherwise t h a n shall be necessary for m a k i n g t h e crossing wi th t h e Joad ja Creek Ra i lway referred to in t he
| Schedule to th i s A c t w i thou t t h e previous | consent in wr i t ing in every |
| ins tance of t he " A u s t r a l i a n | Kerosene Oil | and | Minera l C o m p a n y " | or |
| the i r | assigns. |
36. The Commissioner shal l a t the expense of t he Company from t ime to t ime erect such signals a n d conveniences incident to t h e j unc t i on ei ther upon his own lands or on the l ands of t h e Company and m a y from t ime to t i m e appoint and remove such w a t c h m a n switch m e n a n d other persons as m a y be necessary for t he prevent ion of danger to or interference wi th t he traffic a t or near t he junc t ion .
37. The Company shall a t the i r own expense in all t h ings from t i m e to t i m e erect a n d keep erected and in good working order such signals and conveniences inc ident to the crossing by the Company 's R-ailway wi th t he Joad ja Creek Ra i lway and shall at all t imes a t their
own
own expense employ a t such crossing such proper and compe ten t w a t c h m e n and o ther persons as m a y he necessary for t he work ing of such crossing and for t he prevent ion of damages to or interference wi th t h e traffic of t h e " Aus t ra l i an Kerosene Oil and Mine ra l Com
p a n y ( L i m i t e d ) " or the i r assigns a t or near t he crossing The work ing a n d m a n a g e m e n t of such signals and conveniences shall he subject to
t h e approval of t h e " Aus t ra l i an Kerosene Oil and Mine ra l Company ( L i m i t e d ) " and for every default in t h e observance of or compl iance wi th t he provisions of th is section t he Company shall be liable to a pena l ty o f ten pounds to be recoverable w i t h costs summar i ly before
two Jus t i ces a t t he ins tance of t he " Aus t ra l i an Kerosene Oil and
Minera l Company (L imi t ed ) " or the i r assigns or t h e manage r or secretary for t he t ime be ing of such Company .
38. The work ing a n d m a n a g e m e n t of such signals and con
veniences wherever s i tuate shall be u n d e r t h e exclusive regula t ion of
t he Commissioner for Ra i lways .
39 . N o t h i n g here in conta ined shal l a l ter repeal or otherwise
affect t he " G o v e r n m e n t Rai lways A c t of 1858 . "
40. I n th i s Ac t the said " J u s t i c e s " shall mean Jus t ices of t h e
Peace in and for t h e te r r i tory of N e w South W a l e s and where a n y m a t t e r shall be author ized or required to be done b y two Jus t i ces t he
expression " two Jus t i ce s " shal l m e a n two Jus t i ces assembled and
ac t ing toge ther in P e t t y Sessions and the word " owner " shal l m e a n any person or corporat ion w ho unde r the provisions of th i s Ac t would be able to sell land to t h e Company . 4 1 . This A c t shall be deemed and t aken to be a P u b l i c A c t and
t h e same w h e n e v e r cited shal l be sufficiently described as t h e " Mi t t a gong Coal -mining Company ' s Ra i lway A c t of 1884 ."
T H E S C H E D U L E H E R E I N B E F O R E R E F E R R E D T O .
C O M M E N C I N G at t h e sou the rn b o u n d a r y of block n ine ty -n ine p rope r ty of t he " M i t t a g o n g Coal-mining Company L i m i t e d " in the parish of Je l lo re thence in a south-wester ly direction th rough Crown Lands block ninety-eight for about four chains thence south wester ly t h rough Crown Lands block ninety-seven for abou t seventeen chains thence south-wester ly t h rough corner of block ninety-six Crown L a n d s for about live chains thence south-wostcrfy t h r o u g h unsurveyed Crown L a n d s for about one mile fifty-eight chains thence south-eas ter ly for about five chains t h rough land the p rope r ty of t h e " Aus t ra l i an Kerosene Oil and Mineral Company Limi ted" thence across tho Bcr r ima road one and a half chain wide thence eas ter ly for about t h i r ty chains t h rough lands the p rope r ty of the " Aust ra l ian Kerosene Oil and Minera l Company L imi ted" thence across Gove rnmen t road one chain wide to wes te rn boundary of Alfred Welby ' s n ine ty- two
acres thence south-eas ter ly for abou t t h i r ty - th ree chains t h r o u g h Alfred,Welby 's n ine ty- two acres and the port ion thereof t h e p rope r ty of t he " A u s t r a l i a n Kerosene Oil and
Mine ra l Company Limi ted ' ' thence souther ly for abou t eight chains t h r o u g h and wi thin
t he wes te rn boundaries of port ions one seven eight n ine and t en Wood land ' s subdivision
thence south-westerly for about fifteen chains again t h rough Alfred W e l b y ' s n inety- two acres and the port ion thereof the p roper ty of the " A u s t r a l i a n Kerosene Oil and Mine ra l Company L imi ted" thence south-easter ly th rough Crown Lands and the p roper ty of the Baid " A u s t r a l i a n Kerosene Oil and Minera l Company L imi ted" for about t h r ee chains
thence south-eas ter ly for about one chain t h r o u g h the south-western corner of port ion
seventeen Woodland ' s subdivision thence south-eas ter ly for abou t eight chains t h r o u g h
the p rope r ty of t he " A u s t r a l i a n Kerosene Oil and Minera l Company' L i m i t e d " thence crossing Montagu-s t ree t and the Gibber Gunyah Creek thence south-easter ly t h r o u g h section twen ty -n ine private village of Na t t a i for about five chains thence across Spr ing- s t r ee t seventy-five l inks wide thence south-eas ter ly t h rough section twenty-e igh t village
of Na t t a i for about one chain thence across John - s t r ee t fifty l inks wide thence eas ter ly for about t h i r t y - th r ee chains t h rough the p roper ty of t he " A u s t r a l i a n Kerosene Oil and Mine ra l Company Limi ted" thence across a Gove rnmen t road one chain wide also crossing the Joadja Creek Railway on t h e level thence easterly for about one chain t h rough the pro pe r ty of t he " Aus t ra l ian Kerosene Oil and Minera l Company L imi t ed" thence eas ter ly
for about; twenty-five chains t h r o u g h blocks s ixty-one and sixty-seven the p roper ty of
" Mi t t agong L a n d Company L imi t ed" la te ly tho proper ty of the " F i tz roy Bessemer Steel H e m a t i t e I r o n and Coal Company L imi t ed" thence across the Bowral Road one chain vvids and thence eas ter ly th rough said block sixty-seven for about t h r ee chains to a point on t he G r e a t Sou the rn Rai lway about fifty chains south-wester ly from the Mi t t agong Rai l way Stat ion being a to ta l dis tance of about four miles th i r ty -one chains more or less.
An
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