No. III.
An Act to give Legislative sanction to an agreement entered into between the Rail way Commissioners of N e w South Wales and the Mount Keira Coal Company, for the purchase by the said Commissioners of part of the said Company's Tramway, together with the land on which the same has been constructed and all works and structures used in connection therewith, subject to the provisions and conditions
| herein expressed. | [17th July, 1889.] |
| WH E R E A S | an agreement w i th t h e M o u n t Kei ra Coal Company for t h e purchase |
| the Ra i lway Commissioners of N e w South | Wales |
(hereinafter te rmed " t he Commissioners") have entered in to
of t he port ion of land described in t h e Schedule hereto, toge ther w i th t h e t r a m w a y and all o ther works and s t ruc tu res used in connect ion
therewith and be ing on such land, for the s u m of Seven thousand five
h u n d r e d pounds , in order t h a t t h e Commissioners m a y be able to connect t he H a r b o u r of Wol longong w i t h t he I l l awar ra Ra i lway . A n d whereas Legis la t ive sanct ion is necessary to give legal effect to t he said agreement , and to vest t he said l and and t r a m w a y in t h e said
| Commissioners . | Be i t therefore enacted by the Queen ' s Mos t | Exce l |
| l en t | Majes ty , | by and wi th | t he advice and consent of t h e Legis la t ive |
| Council and Legislat ive Assembly of N e w South Wales | in | P a r l i a m e n t |
| assembled, | and by t h e au thor i ty of t he same, as follows :— |
| 1. This | Ac t m a y be cited | as | t he " M o u n t | Ke i ra | T r a m w a y |
| 2. On t h e passing | and by v i r tue of th is A c t t h e por t ion of |
| land described | in the Schedule | to th i s Act , be ing pa r t | of | t h e M o u n t |
| Ke i r a T ramway , | cons t ruc ted | unde r t h e | au tho r i t y | of | a pr iva te | A c t of |
| Pa r l i amen t | passed in t he year one thousand | e ight h u n d r e d | and s ixty, a n d |
| in t i tu led " A n Act to authorize | the completion | of a Tramroad | from | the |
| Mount | K e i r a | Coal-mines | to Wollongong | Harbour," | t oge ther wi th t he |
t r a m w a y and all o ther works and s t ruc tures used in connect ion the re wi th , and being on such land, shal l be vested in t h e Commissioners for and on behalf of H e r Majes ty for a n estate in fee s imple in possession b u t subject to the provisions of t h e " Gove rnmen t Ra i lway A c t of 1 8 8 8 . "
| 3. | W i t h i n | t h i r t y days after | t h e passing of th is A c t t h e Colonial |
Treasurer shal l pay out of t h e Genera l L o a n Account t he s u m of Seven thousand five hundred pounds to the M o u n t Ke i r a Coal Company , or to such person as t h e Direc tors for t h e time-being of t h e said Company shall, by wr i t ing , appoint in that behalf to receive such sum. A n d such
sum so paid shall be in full satisfaction of any claim or demand of the
said Company, or airy person or persons c la iming t h r o u g h or unde r
| such | Company or | unde r | the pr iva te | A c t of P a r l i a m e n t | hereinbefore |
ment ioned , in respect of t h e said port ion of land, and the t r a m w a y works and s t ruc tu res vested in the Commissioners p u r s u a n t to the last p receding section of th is Act .
| 4. Save and except t he l iabil i ty and condit ion | hereinaf ter |
ment ioned, no contract , agreement , r ight-of-way, or of user or t ract ion, and no l iabil i ty of w h a t k ind soever in respect of t h a t portion of the said t r a m w a y vested in t he Commissioners by this Act , entered into, incurred , or which has or m i g h t have been exercised or claimed under or by v i r tue of t h e provisions of t h e said pr iva te Act , shall , after the pass ing of th is Act , be held to a t t ach to t he Commissioners or to t he por t ion of t h e t r a m w a y so vested in t hem. Provided t h a t effect shall be given by the Commissioners to t he provisions of t he two following sub-sections :—
(i) The M o u n t Kei ra Coal Company shall be ent i t led to hau l and carry the i r coal in and by the i r own t rucks , carr iages, and engines on and over t he t r amroad or line so vested in t he Commissioners a t a ra te to be paid to t he Commissioners not exceeding one ha l f -penny per ton per mile , a t such t ime or t imes as t he Commissioners shall by regula t ions to be made by t h e m direct and appoint , b u t not otherwise. Provided t h a t every engine-driver , guard, a n d o ther person employed upon the Company ' s engines, t rucks , or carriages, shal l while employed on or upon such t r amroad or l ine, be subject to the provisions of t he ninety-second section of the " Gove rnmen t Rai lways A c t of 1888 , " in l ike m a n n e r in all respects as he would be if in t h e employ of t he said Commissioners.
( i l ) The ag reement or obligation entered in to by the said Company to widen cer ta in bridges wi th in the boundar ies of t h e Borough of Wol lon^on" ' shall a t t ach to and be carried out by the Commissioners.
S C H E D U L E .
| Descr ip t ion | of | t h a t | p a r t of | t he | M o u n t K e i r a Coal Company's | t ramway lying | be tween |
| the 111 a war r a rai lway line and the ha rbour a t | Wollongong. |
| AW | t h a t piece or parcel of land s i tua te in t he parish of Wol longong , county of |
Camden, and Colony of N e w South W a l e s , being a str ip of land about one chain wide, fenced in, and known as t h a t par t of the M o u n t Ke i r a Coal Company ' s t r amway lying
be tween the I l l l awar ra railway line
| nea r Wol longong H a r b o u r , conta in ing six acres one rood th i r ty-n ine perches, be the | and the | M o u n t P leasan t Coal Company ' s | t ramway, |
same more or less, exclusive of roads , and more par t icular ly described and del ineated and coloured red on the plan marked M. K. B . and signed by the Railway Commissioners of New South Wale s , and deposited in the office of the said Commissioners, and being p a r t of the laud described in Schedule A of t he " M o u n t Keira Tramroad Ac t of 1860."