Pine Ridge Tramway Act of 1892 (NSW)
| P in e | E id d e |
| T ram w ay . | An Act to authorise the construction and m aintenance of a tram w ay from the mines, quarries, and lands situate in the parish of Enm ore, counties of Yancowinna and Menindee, Colony of Yew South W ales, comprised in applications for m ineral leases num bered four thousand seven hundred and sixteen, four thousand seven hundred and seventeen, four thousand seven hundred and eighteen, four thousand seven hundred and thirty-seveu, four thousand seven hundred and thirty-eight, four thonsand seven hundred and th irty- nine, four thousand seven hundred and forty, four thonsand seven hundred and forty-one, to a point to be determ ined on m ineral lease, portion two, parish Sebastopol, in the said Colony, connecting w ith the tram w ay system of the B roken |
| H ill mines. | April, 1892.] |
| Preamble. | ‘TTTIIEE.EAS large quantities of mineral ores and fluxing material |
exist, and are being quarried and mined at the quarries and mines on the lands situate in the parish of Enmore, counties of Yancowinna and Menindee, in the Colony of Xew South Wales, for which apjilicatioiis have heen duly made for mineral leases by Ernest Govett, of Broken Hill, in the said Colony, freeholder : And whereas large quantities of timber suitable for fuel exist upon the said lands : And whereas for the purpose of facilitating the carriage of the said mineral ores, fluxing material, fuel, and timber from the said quarries, mines, and lands, the said Ernest Govett is desirous of constructing a single or double tramway for liorse, steam, or other traction, over, across, and along tbe lands described in the Schedule hereto, from the said quarries, mines, and lands, in the said parish of Enmore, comprised in application for mineral leases numbered four thousand
V V
.seven
1892. 55̂ VIC.
Fine Ridge Tramway.
seven hundred and sixteen, four thousand seven hundred and seventeen,
| four thonsand seven hundred and eighteen, four thousand seven | • |
| hundred and thirty-seven, four thousand seven hundred and thirty- eight, four thousand seven hundred and thirty-nine, four thousand seven hundred and forty, four thousand seven hundred and forty-one, to a point to be determined on mineral lease, portion two, parisli of Sebastopol, county Yancowiiina aforesaid : And whereas such tramway cannot be made Avithout Legislative authority: And Avhereas the construction of the said proposed traniAvay Avould bo largely for the benefit of the mining p)uhlic by materially decreasing the cost of carriage, thereby enabling tlie poorer class of ores to he profitably Avorked, and Avould he also the means of supplying the district of Lroken H ill AAuth cheap fuel, and it is therefore advisable to authorise, by LegislatiAm eiiactmont, tlie construction and maintenance of th<! said proposed traniAvay, subject to the provisions hereinafter contained : Be it therefore enacted by the Queen’s Most Excellent Majesty, by and Avith the advi(;c and consent of tlie Legislative Council and Legislative Assembly of N cav South ’Wales in Parliament assembled, and by the authority of the same, as folloAvs ;— |
1. It shall 1)0 laAvfnl for the said Ernest GoA'ett, his heirs, Autiioiity to
| executors, administrators, and assigns, upon the terms and conditions | tnunwiiy. |
| and subject to the provisions hereinafter contained, to make and construct a tranvAvay for the carrying of the said mineral ores, fluxing | |
| material, fuel, timber, and of all ])ersons engaged, and all materials, goods, and plant necessary in and about the Avorking thereof, from and to the said quarritvs, mines, and lands, in the parish of Enmore aforesaid, by the route, and along and OAcr the roads, streets, lands, and reserves, both public and priA'ate, described in the Schedule hereto, and to take and use so much of the said roads, streets, lands, and resei’A'cs, both public and private, as may be required for the purposes of such tramway, but so that the same shall not occupy in part thereof on priA'ate lands a greater space in breadth than thirty-three feet, and on public lands in breadth sixty-six feet, including the support and foundations thereof, and to lease, in accordance Avith section eight of this Act, so much public lands adjoining the said tranway, not exceeding in the aggregate eighty acres, as may be required for tbe purpose of constructing tanks, sidings, or other Jiccessary Avorks in |
| connection Avith such traniAA'ay. | ’ |
2. The gauge of the said traniAA ay shall he three feet six inches. Levels of Une.
and where it traverses public thoroughfares shall he laid at about the general level of such thoroughfares and so that the rails shall not project above the surface thereof; and the said Ernest GoArntt, his
heirs, executors, administrators, or assigns, shall maintain in perfect order and repair the said traniAvay, and Avhere the said tramAvay traverses pidjlic thoroughfares, shall maintain j^crfcct and keep iir order and repair the pavements of the same hetAA'een the rails of the said traniAAAay and for the space of one foot six inches on each side of the said rails, and furthermore shall erect and maintain all necessary causeways in connection AA'ith the said traniAAay.
3. The traniAvay and the material thereof shall not cease to be Tnumvpy to ronmin
the property of the said Ernest Govett, his heirs, executors, adminis
| trators, and assigns, by reason of the same being laid as aforesaid. | osccutors, iKiminis- |
4. The said Ernest Govett, his heirs, executors, administrators,
and as.' îgns, and all otlioi* person or persons duly authorised, shall to imvo Hgius over
liaA'e all necessary lights over tlie roads, streets, and lands described
in the Schedule to this Act as are required for the construction, repair,
completion, and use of the said tramway: Provided that there shall
be no interference AAith ordinary tratfic beyond what is reasonable and
necessary for such Ifurpose,
| ‘ | 5. |
| VIC. | 1892. |
Fine Ridge Tranmmy.
| Carriage. | 5. Tlic tramwav shall he for the use of said Ernest Govett, his heirs, executors, administrators, and assigns, and of all persons engaged hy him or them in and about the carriage, winning, and obtaining of fuel and timber and the said mmeral ores and fluxing material, and for the carriage of the said fuel, timber, and mineral ores and fluxing material, and of all plant, goods, and things necessary in and about the winning and obtaining the same, and shall be confined to the conveyance of such mineral ores, fluxing material, and fuel, timber, and plant as aforesaid, and of all goods and things necessary in and about the same, and of all persons engaged in and about the same as aforesaid, to and from the said quarries, mines, and lands comprised in the said applications for mineral leases numbered four thousand seven hundred and sixteen, four thousand seven hundred and seventeen, four thousand seven hundred and eighteen, four thousand seven hundred and thirty scA'en, four thousand seven hundred and thirty eight, four thousand seven hundred and thirty-nine, four thousand seven hundred and forty, four thousand seven hundred and forty-one. |
| To employ horse, |
| steam, or other | 6. I t shall be lawful for the persons using the said tramway to |
| motive power. | employ horses, steam, or other motive power, and carriages, waggons, or trucks to be drawn thereby. |
| Ernest Govett, his | |
| heirs, executors, | 7. The said Ernest Govett, his heirs, executors, administrators, other minerals under any land whereof the surface is vested in him or them by virtue of this Act, except only such parts tliereof as shall be necessary to be dug or canned away in the construction of the works hereby authorised, and such mines shall not be deemed to vest in the said Ernest Govett, his heirs, executors, administrators, and assigns. |
| administrators, and | and assigns, shall not bo entitled to any mines of coal, iron, slate, or |
| assigns not entitled | |
| to minerals. |
| Power to grant leases | Upon the Completion of the tramway and w'orks authorised |
| o ail | or ramway. | shall 1)6 lawful for tlic Govcmor, witli the advice of the Executive Council, in consideration of such completion, to grant to the said Ernest Govett, his heirs, executors, administrators, or assigns, a lease or leases, for a term not exceeding twenty-one years, of such Crown lands as shall have been necessarily used or taken for the said tramway at an annual rental not exceeding two shillings per acre. |
Before commencing
| tramway, survey to | 9. Before commencing the said tramway by this Act authorised to be made, the said Ernest Govett, his heirs, executors, adminis trators, or assigns, shall, by some qualified engineer by them to be appointed, cause to be made and taken levels and surveys of the private lands through which such tramway is to be carried, together with a map or plan of the line of the said tramway, and of the lands through which it is to pass : Provided that it shall be lawful for the said Ernest Govett, his heirs, executors, administrators, or assigns, to deviate in the route of the said tramway to the extent of not more than one and a half mile on either side of the forty line |
| be made. |
| To be open to public described in the Schedule hereto annexed. | And the said map or plan |
| inspection. | shall be kept at some convenient office at Broken Hill, and true copies thereof, signed by the said Ernest Govett, his heirs, executors, administrators, or assigns, shall be deposited with the Clerk of Petty Sessions at Broken Hill aforesaid, and such map or plan and copies thereof respectively shall be opened at all convenient times for public examination from the day of the date on which such notice as in tbe next succeeding section is ju’ovided shall bo first published, and all persons shall be at liberty at all proper and convenient times to inspect the said map or plan or copies as aforesaid, |
| intention to nuikô ̂ | Emcst Govctt, liis licii's, cxecutoi s, aduiinistrators, |
| tramway. | ° | O'-’ fissigns, sliall, by advertisement in the Government Gazette, and in one or more Sydney newspapers, and in one or more newspapers pub lished or circulating in Broken Hill respectively, at least thirty days before the commencement of the formation of the tramway, give |
notice
1892. 55̂ VIC.
Fine Ridge Tramway.
notice that they intend to construct the said tramway between the places thereof specified, according to a map or plan to he seen at an office (in the said notice specified) in Broken Hill aforesaid, and at the office of the said Clerk of Petty Sessions.
11. When the said Ernest Govett, his heirs, executors, ad- Notice of lands
ministrators, or assigns, shall have made and completed the map or plan hereinbefore required to be made, he or they shall give notice in writing of the lands taken and required for the said tramway to all the parties interested in such lands, or to such of the said parties as shall he known to the said Ernest Govett, his heirs, executors, administrators, or assigns. And every such notice shall state the par ticulars of the lands so taken or required as aforesaid, and that the said Ernest Govett, his heirs, executors, administrators, or assigns, is or are willing to treat as to the compensation to he made to all parties for the lands taken or to he taken, and the damage sustained or to he sustained hy them by reason of tlic exercise of the powers conferred hy this Act, and shall demand in the said notice from such parties, and the said parties arc hereby required to deliver forthwith to the said Ernest Govett, his heirs, executors, administrators, or assigns, at the cost of the said Ernest Govett, his heirs, executors, administrators, or assigns, the particulars of their estate and interest in such lands, and of the claims made by them in respect thereof, together with an abstract of their title to such land, and if they claim in respect of damage the nature of tlie damage which they have sustained or will sustain hy reason of the taking of such lands.
12. All notices required to he served hy the said Ernest Govett, Service of notice on
his heirs, executors, administrators, or assigns, upon the parties in-oTOupTera'of land
tercsted in or entitled to sell any such lands, shall either be served
personally on such parties or left at their last usual place of abode
(if any such can after diligent inquiry he found), and in case any such
parties shall he absent from the Colony or cannot he found after
diligent inquiry, shall he left with the occupier of such lands, or if
there he no such occupier, shall be affixed upon some conspicuous part
of such lands.
13. In case of accidents or slips happening or being apprehended
| to the cuttings, embankments, or other works of the said tramway, it repair accidents, shall he lawful for the said Ernest Govett, his heirs, executors, to certain | . | . | - I I * | - I * | -1 | 1 | 1 | 1 | restrictions. |
admiustrators, and assigns, and liis or tneir workmen and servants, to enter upon the land adjoining thereto at any time whatsoever for the purpose of repairing or preventing such accidents, and to do such works as may ho necessary for the purpose; hut in every such case the said Ernest Govett, his heirs, executors, administrators, or assigns shall, within fourteen days after such entry, make a report to the Secretary for Public Works, specifying the nature of such accident or apprehended accident, and of the works necessary to he done, and such powers shall cease and determine if the said Secretary shall, after considering the said report, certify that their exorcise is not necessary for the public safety : Provided also that such works shall he as little injui’ious to the said adjoining lands as the nature of the accident or apprehended accident will admit of, and shall he executed with all possible despatch, and full compensation shall he made to the owners and occupiers of such lands for the loss or injury or inconvenience sustained by them respectively hy reason of such works, the amount of Avdiich compensation, in case of any dispute about the same, shall be settled by arbitrators in tlie manner hereinafter mentioned. And provided also that no land shall he 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 tramway.
| 60 | 55« VIC. | 1892. |
'Pine Ridge Tramioay.
| Compensation to be | 14. I f witliiii twenty-cigilt clays of the service of such notice as |
| settled by aibitiation. | pcrsoiis through wliose land the tramway shall pass |
or any of them, and the said Ernest Govett, his heirs, executors, administrators, and assigns, shall not agree as to tlie amount of compensation to he paid hy him or them for the said lands belonging to the said parties, or any of them, or for any damage that may ho
| • | sustained hy him or them, by reason of the execution of the works, or if any other question as to compensation shall arise under this Act, the amount of such compensation shall be settled by arbitrators in |
| ■ | manner hereinafter mentioned (that is to say), unless both parties concur in the appointment of a single arbitrator, each party on the request of the other shall nominate and appoint an arliitrator, to whom such dispute or other matter shall be referred; and every appointment of an arbitrator shall be under the hand and seal of sucli person or persons res])cctively, and such appointment shall be delivered to the arbitrator or arbitrators, and shall be deemed a submission to arbitration on the part of the party by whom the same shall be made ; and after any such appointment shall have been made neither party shall have power to revoke the same without the consent |
| of the other, nor shall the death of either party operate as a revocation; | |
| and if for the space of fourteen days after such dispute or other matter' shall have arisen, and after a request in writing shall have been served by the one party on the otlier party to appoint an arbitrator, such last mentioned party shall fail to appoint such arbitrator, then upon such failure it shall be lawful for the Attorney-General for the time being | |
| of the said Colony, on the application of the party wlio has himself | |
| appointed an arbitrator, to appoint such arbitrator to act on behalf of both parties, and such arbitrator may proceed to hear and determine the matters Avhich shall be in dispute, and in such case the award or determination of such single arbitrator shall be final and coirclusivc. |
Proceedings in case
| of disability of | 15. If before the matter so referred shall be determined any arbitrator appointed by either party shall die, or become incapable, or refuse, or for fourteerr days neglect to act as arbitrator, the party by whom such arl)itrator was appointed may rrominate and appoint in writing some other person to act in his place, and if for the space of seven days after notice in writiug from the other party for that purpose ho fail to do so, the remaining or other arbitrator may proceed alone; and every arbitrator so to be substituted as aforesaid shall have the same powers and authorities as were vested in tbe former arbitrator at the time of such his death, refusal, neglect, or disability as aforesaid. |
| arbitrator. | |
| Appointment of |
| umpire. | 16. Where more than one arbitrator shall have been appointed, |
such arbitrators shall, before they enter upon the matters referred to them, nominate and appoint in Avriting under their hands an umpire, to decide any matters on which they shall differ, or AAdiich shall be referred to them under the jArovisions of this Act, and if such umpire shall die, or refuse, or for seA cn days neglect to act after being called upon so to do l)y the aifiitrators or either of them, they shall forthwith, after sucli death, refusal, or neglect, appoint another umpire in his place, and the decision of cA'cry such umpire upon the matters so referred to him shall bo final.
| T '̂eglcct to appoint | 17. | If in either of the cases aforesaid the arbitrators shall |
| umpire. | refuse or for seven days after request of cither party to such arbitra tion neglect to appoint an umpire, it shall be laAA'ful for the Attorney-General for tlie time being, on the a]i])lication of either party to such arbitration, to appoint an umpire, and the decision of sucli umpire on the matters on AA’hieli the arbitrators shall ditter or Avhich shall be referred to him under this .Vet shall be finfd, |
| .................. | 18, |
1892. 55« VIC.
Fine Fidge Tramway.
| 1 8 . If, when a single arbitrator shall have been appointed, | of cUsaMiiy |
snch arbitrator shall die or become incapable, or shall refuse, or for fourteen days neglect to act before be shall have made his award, the matters referred to him shall be determined by arbitration under the provisions of this Act, in the same manner as if such arbitrator bad not been appointed.
1 9 . If when more than one arbitrator shall have been appointed, Ai-intrators faiiino- to
and when neither of them shall die, become incajtable, refuse, or l!m\ters'reL'rm"io
neglect to act as aforesaid, such arbitrators shall fail to make their umpire.
award within fourteen days after the day on which the last of such
arbitrators shall have been appointed, or within such extended time
(if any) as shall have been appointed for that purpose by botli of snch
arbitrators, under their bands, tbe matters referred to them shall be
determined by tbe umpire to be appointed as aforesaid.
2 0 . Tlie said arliitrator or arbitrators, or bis or their umpire. Arbitrators may
may call for the production of any documents in tlic possession or power of cither party, which they or be may think necessary for determining the question in dispute, and may examine tbe parties or their witnesses on oath, and administer the oaths necessary for that purpose.
| 2 1 . Before any arbitrator or umpire shall enter upon t h e | by |
consideration of any matter referred to him, be shall, in tbe presence umpire.'̂ "*
of a Justice of the Peace, Notary Public, or Commissioner for Affidavits
for the said Colony, make and subscribe tbe following declaration,
that is to say—
I, A.B., do solemnly and sincerely declare that I will faithfully and honestly, and to tbe best of my skill and ability, bear and determine the matters referred to me under tbe provisions of the “ Pine Bidgc Tramway Act.”
Made and subscribed at
| in the presence of | A.B. |
And such declaration shall be annexed to the award ben made; and if any arbitrator or umpire having made such declaration shall wilfully act contrary thereto be shall be guilty of a misdemeanour.
2 2 . All tbe costs of any such arbitration and incident tberoto Cost of arbiiraiion,
shall be in tbe discretion of tbe arbitrator or arbitrators or umpire,
;md the costs of tbe arbitrator or arbitrators or umpire shall be borne
by the parties in equal proportions, unless the amount aAvarded shall
be one-fourth, or more, less than tbe amount which shall have been
| offered by tbe said Ernest Govett, bis heirs, executors, administrators, | . |
| and assigns, in which case tbe whole costs of the arbitration, and also the costs of and incident to the said arbitration, shall be paid by the |
| claimant: | Provided that, if either i)arty shall be dissatisfied with tbe Costs may bo taxed, |
costs allowed by the said arbitrator or arbitrators or umpire as afore said, tbe costs may be taxed by tbe Protbonotary or other proper officer of the Supreme Court, and the amount allowed by such officer shall be tbe amount of costs to be paid.
23. The arbitrator, arbitrators, or umpire shall deliver their or Avbitrators or
bis award in Avriting to the said Ernest Govett, bis heirs, executors,
administrators, and assigns, Avbo shall retain tbe same, and shall Govoti, his heip,
fortlnvitb, on demand, at bis or their own expense, furnish a copy
| thereof to the other party, and shall at all times, on demand, produce | ’ |
| tbe said award and allow the same to be insjiected or examined by |
such party or any person appointed by him for that purpose ; and tbe Compensation to bo
amount aivardcd shall be paid Avitbin sixty days after tbe publication
| of tbe aAA'ard. | tion of a'warcl. |
21. The submission to any such arbitration may be made a rule Submission may be
| “ | “■ | ■ | “ | _ | - | - | . | made a rule of |
| of the Supreme Court on tbe application of cither of the parties. | Supreme Court |
25,
| 55 ̂VIC. | 1892 |
Fine Biclge Tranmag.
Award not to be set
| aside for | 25. No award made m th respect to any question referred to |
| irregularity. | arbitration under tlie provisions of this Act shall he set aside for irregularity or error in matter of form. |
| Compensation in | |
| cases of negligence. | 26. The said Ernest Govett, his heirs, executors, administrators, and assigns, shall make compensation and satisfaction, to be ascer tained and recovered in case of dilference in the manner hereby provided, for temporary, permanent, or recurring injury, and all other damage, loss, costs, charges, and inconvenience which may in anywise be occasioned to the owners and occupiers of the lands through which the said tramway shall pass, by the non-performance or negligent per formance by the said Ernest Govett, his heirs, executors, adminis trators, and assigns, of any of the matters or things hereby required or authorised to be performed by them. |
| cases of temporary | |
| Compensation in | 27. In every case where the said Ernest Govett, his heirs, exeentors, administrators, and assigns, shall take temporary possession of lands by virtue of the powers hereby granted, it shall be incumbent on him or them, within three months after entry upon such land, upon being required so to do, to pay to the occupier of the said lands the value of any crop or dressing that may be thereon, and damaged or injured by such entry, as well as full compensation for any other damage of a temjrorary nature which he may sustain by reason of such entry, and shall also from time to time during their occupation of the said lands pay half-yearly to such occupier, or to the owner of the lands, as the case may reqnire, a rent, to be fixed by two Justices in case the parties differ; and shall also, within twelve montlis after such entry, pay to such owners and occupiers, or deposit in the bank for the benefit of all parties interested, as the case may require, compensation for all permanent or other loss, damage, or injury that may have been sustained by them by reason of the exercise, as regards the said lands, of the powers hereby granted, including the full value of all clay, stone, gravel, sand, and other things taken from such lands. |
| possession. | |
| Proceedings in 1 | 28. If the owner of any lands required to be taken for the construction of the said tramway is absent from the Colony, or cannot upon diligent inquiry be found, or is under disability, or if any snch lands are vested in persons who have respectively only limited or qualified interests therein, and who cannot enter into binding agree ments with the said Ernest Govett, his heirs, executors, administrators, and assigns for the purchase of such lands, or join in submitting their claims for compensation to arbitration as hereinbefore provided, the purchase money or compensation payable by the said Ernest Govett, his heirs, exeentors, administrators, and assigns, in respect of such lands, shall be determined by the valuation of a surveyor, to be nomi nated as hereinafter mentioned. |
| absence of owner. ’’ | |
| Justices to appoint | 29. Upou application by the said Ernest Govett, his heirs, executors, administrators, and assigns, to two Justices, and upon such proof as may be satisfactory to them that there is no person in the Colony or to be found wbo can enter into a binding contract with the said Ernest Govett, his heirs, executors, administrators, and assigns, or join with the said Ernest Govett, his heirs, executors, adminis- tratoi's, and assigns in submitting his claims for compensation to arbitration in respect of any lands required to be taken for the construction of the said tramway, such Justices shall, by writing under their hands, nominate a licensed survejmr for determining such compensation as aforesaid, and such surveyor shall determine the same accordingly, and shall annex to his valuation a declaration in writing subscribed by him of the correctness thereof. |
| cases. |
1892. 55° VIC.
Fine Midge Tramway.
30. Before sucli surveyor shall enter upon the duty of luaking Uoeiaration by
such valuation as aforesaid, he shall, in the presence of such Justices or one of them, make and suhscriho the following declaration at the foot of such nomination, that is to say :—
I, A.B., do solemnly and sincerely declare that I will faithfully, impartially, and honestly, according to the best of my skill and ability, execute the duty of making the valuation hereby referred to me.
| Made and subscribed at | in the presence of |
A.B.
And if any sueh surveyor shall corruptly make sueh declaration, or having made such declaration shall Avilfully act contrary thereto, he shall be guilty of a misdemeanour.
31. The said nomination and declaration shall he annexed to Production of
the valuation to he made hy such surveyor, and shall he preserved together therewith hy the said Ernest Govett, his heirs, exeentors, administrators, and assigns ; and they shall at all times produce the said valuation and documents on demand to all parties interested in the lands comprised in such valuation.
32. All the expenses of and incident to any such valuation Cost of Taiuation
shall he borne hy the said Ernest Govett, his heirs, executors,
administrators, and assigns.
33. If the amount of compensation determined hy any such Compensaiion not
| surveyor does not exceed the sum of fifty pounds, it shall, except in | defit̂ wUh.”'̂ |
| the cases wdiere the owner is absent from the Colony, or cannot he found, he paid by the said Ernest Govett, his heirs, executors, administrators, and assigns to the person or persons for the time being entitled to the rents and profits of the lands in respect whereof the same shall he payable for tlicir own use and benefit, or in the case of the coverture, infancy, idiotcy, lunacy, or other incapacity of any such persons, then such money shall be paid for their use to the respective husbands, guardians, committees, or trustees of such persons. |
34. If the amount of compensation determined hy any such Compensation how
| surveyor as aforesaid exceeds the sum of fifty pounds, or in the cases orowner'̂ .̂ | «i).‘ence |
| where the owner is absent from the Colony, or cannot be found, whether it exceeds the sum of fifty pounds or not, it shall he paid hy the said Ernest Govett, his heirs, executors, administrators, and assigns, into the hands of the Master in Equity of the Supreme Court in the matter of this Act, in trust for the parties interested in the lands in respect of which it is paid in ; and a certificate from the said Master in Equity of the fact of the money being so paid in shall he a sufficient discharge to the said Ernest Govett, his heirs, executors, administrators, and assigns, for the money so paid: Provided that all moneys so paid in shall be dealt with hy the Supreme Court in the same manner in all respects as moneys paid in under an Act passed in the twenty-first year of Her present Majesty, and entitled An Act fo r better securing Trust Funds, and fo r the relief o f Trustees.” And sliall be subject, in all respects, to the provisions of the said Act, and all rules of the said Court made thereunder. |
35. If in any case in which, according to the provisions of this Cases of dispute
| Act, the said Ernest Govett, his heirs, executors, administrators, and | *̂ | '* | '̂ * |
| assigns, is authorised to enter ujion and take possession of any lands required for the purposes of the said tramway, the owner or occupier of any such lauds, or any other person, shall refuse to give up possession thereof or hinder the said Ernest Govett, his heirs, executors, administrators, and assigns, from entering upon or taking possession of the same, it shall he lawful for the said Ernest Govett, |
his
| 64 | 55̂ VIC. | 1892. |
Fine Fidge Tramway.
liis lieirs, executors, administrators, and assigns, to issue his or their Avarrant to the Sheriff to deliver possession of the same to the persons appointed hy the said Ernest Govett, his heirs, executors, adminis trators, and assigns in such Avarrant, to receive the same, and upon receipt of such Avarrant the Sheriff shall deliver possession of any such lands accordingly, and the costs accruing hy reason of the issuing and execution of such Avarrant, to he settled by the Sheriff, shall he paid hy the party so refusing to give possession, and the amount of such costs shall he deducted and retained by the said Ernest Govett, his heirs, executors, administrators, and assigns from the compensation (if any) then jiayahle to such person refusing to give possession, or if no such compensation shall he payable to such person, or if the same he less than the amount of such costs, then such costs, or the excess thereof, beyond the amount of such compensation, if not paid on demand, shall he levied by distress, and upon application to any Justice of the Peace for that purpose he may issue his Avarrant accordingly.
| Power of purchase | 36. At any time the GoA'crnor, Avith the advice of the Executive |
| ( f tramway by |
| Cioyernment. | Council, may, if he think fit, purchase such tramAimy, upon giving to the said Ernest Govett, his heirs, executors, administrators, and assigns, three months’ notice in Avriting of his intention to do so. If the amount tendered for the purchase of the property he considered inadequate by the said Ernest Govett, his heirs, executors, adminis trators, and assigns, the amounts shall he ascertained by assessment, in terms of the “ Public Lands Aquisition Act.” |
| Power to assign. | 37- I t sliall he lauJul for the said Ernest Govett, his heirs, executors, administrators, and assigns, at any time, hy any deed or instrument in Avriting, to assign and transfer all the rights, powers, privileges, benefits, and adr^antages conferred upon him or them by this Act, to any person or persons, or to any duly incorporated company, and upon any such transfer or assignment being signed or executed, the person or persons, or duly incorporated company in AA'hose favour such transfer or assignment is made, shall then stand in the place of the said Ernest Govett, his heirs, execirtors, adminis trators, and assigns, and shall have all the rights, powers, benefits, privileges, and advantages conferred upon the said Ernest Govett, his heirs, executors, administrators, and assigns, hy this Act. |
| Commencement and | 38. The Avoi’k iu connectloii AA'itli tlic constructioii of the said ]ierehy authorised imist he commenced Avithin six montlis from the passing of this Act, and the said tramAvay must he completed Avithin two years from the date of the passing of this A c t: Provided that the said Ernest Govett, his heirs, executors, administrators, and assigns, shall not be entitled to any of tlie rights and privileges conferred upon him or them hy this Act, unless he or they shall have commenced the projected tramway Avithin the period of six months, and completed the same Avithin a period of tAVO years from the date aforesaid. |
| completion of work, | |
| Interpretation | 39. In this Act the words Justices shall mean Justices or a Justice of the Peace in and for the territory of N cav South Wales, and where any matter shall he authorised or required to he done hy two Justices the expression “ two Justices ” shall mean tAVO Justices assembled and acting together in Petty Sessions, and the word “ owner ” shall mean any person or corporation Avho, under the pro visions of this Act, would he able to sell land to the said Ernest Govett, his heirs, executors, administrators, or assigns. |
| clause. | |
| Short title. | 40. This Act may for all purposes he cited as the “ Pine Ridge TramAA'ay Act of 1892.” |
SCHEDULE,
1892. SS'’ VIC.
WesloH^s Estcde Mortgaye Eimhliny.
SCHEDULE.
Commencing nt !b ])oint bearing nortli. about tiixlj" cbaiiia from miiioral lease lUimber one, parish of Sebastopol, county of Yimcowimia; thciicc in a soutli-wcstorly dirco- tion through leasehold area mini her two liundrcd and forty-roui', Kiiichega, a) loiit fifteen, inilcs iiftcen chains to iniueral lease unmber one, ]>arisli of Enmore, county of Menindee, silnatcd in piii’ishcs of Sebastopol, Ifughes, and Eiiniore, comity of yancowinna, and parish of Enniore, county of Menindee. The limit of derial ion allowed by this Act shall be one and a lialf mile on eacb side of the above described hue.
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