Public Works Act of 1888 (NSW)

No. XXXVII.

puBLîwoKKs.

to provide for the constitution of an Authority to investigate and report upon proposals for Public Works and the cariy- ing ont thereof ^vheii authorized by l^ar- liainent, to make better provision for the acquisition of land for carrying out such Works, and for other purposes in connec

tion therewith.

[5̂ /̂ June, 1888.]

T ) E it enacted by the Queen’s Most Excellent Majesty, by and with I ) the advice and consent of the Legislative Council and Legislative

Assembly of New South "Wales in Parliament assembled, and by the authority of the same as follows :—

PART I.

Constitution and Towers o f Tarliamcntary Standing Committee on

Tuhlic Works.

Short title.	1. This Act may be cited as the “ Public "Worlvs Act of 1888.”
Interpretation of	2. In this Act the exj)rcssion

terms.

“ Authorized AVork ” means any work the carrying out of which

has been authorized in manner herein provided.

“ Committee” means the Parliamentary Standing Committee on

Public AÂ orks as constituted under the provisions of this Act.

“ Constructing Authority” means the responsible Minister of the

Crown empowered to undertake any public work after the

authorization

1888.

VIC.

]^o. 37.

I l l

]?uhlic Works.

authorizaiion tlicrcof in manner herein ])rovided, and the said expression includes the ‘̂ llaihvay Commissioners,” for the purpose of giving effect to any powers or duties confen'red or imposed on them hy this Act, or hy the “ Government liailways Act of 1888.”

Government Debentures ” includes, in addition to such Dehen- tm’es. any Government Stock issued hy the Government of this Colony pursuant to any statutory power.

Governor” means the Go\'ernor with the advice of the Executive

Council.

.Tnsticc” means any Justice of the Peace.

Lands for Public Purposes Acquisition Act” means the Act

forty-fourth Victoria number sixteen as amended by the Act

forty-llfth Victoria number twenty-six.

Prescribed ” means ])rescribed by this Act, or by regulations made pursuant thereto.

Eailway Commissioners ” means the Commissioners appointed under the “ Government Railways Act of 1888.”

Constitution and Towers o f the Committee.

3. As soon as may bo conveniently practicable after the passing Constitution of

Gazette w'itli all convenient despatch.

of this Act, and tlicreafter, on some day not later than the seventh and may exercise such powers and authorities, perform such duties, and he liable; to such obligations, as arc by tliis Act vested in or imposed upon such Committee. Tlic names of the persons from time to time appointed to be members of such Committee shall be notilied in the

day after the commencement of each Session of every Parliament, Public works,

a Joint Committee of Members of the Legislative Council and Legis

lative Assembly, to be called the “ Parliamentary Standing Committee

on Public IVorks,” shall he appointed, according to the jiracticc regu

lating the selection of Members to serve on Select Committees of the

said Council and Assembly respectively. Pivc of the persons so to be

appointed shall be Members of the Legislative Council, and ciglit sliall

he Members of the Legislative Assembly. Such thirteen persons shall

hold olhcc as a Joint Committc'c (subject to the provisions in tlic next

following section contained) for the Session for -which they were

appoint(‘d, and during tlic interval lietween the prorogation of

4. Any member of the Committee may resign his seat on such Extraordinary

Committee by writing under bis hand addressed to the Governor.

The vacancies,

seat of any such member shall also be deemed to have become vacant

(i) Eor any reason -which Avould vacate his scat as a Member of the Assembly or Council (as the case may be);

(ii) By his acceptance of any otFicc of profit under the CrOAvn;

On the occurrence of any such A'acancy the same shall be filled upon motion in the usual manner, provided that f he respective proportions in respect to the representation on the Committee of Members of the L(;gislative Council, and Members of the .Assembly hereinbefore pre scribed shall be observed in the filling up of all such vacancies.

5. (i) There shall be a Chairman and Vice-Chairman of the cimirman and viea-

Committee who shall be elected by the members of the Committee at their first meeting, or as soon after such meeting as may be practicable. The Chairman or, in case of his absence or other disability, the A"ice- Cliairman shall preside at all meetings of the Committee.

(ii) Any scA'cn members of the Committee (of Avhom the Quorum.

Chairman or Vicc-Cliairman shall be one) shall foi’m a quorum competent to exercise all powers and authorities and to incur all obligations conferred or imposed by this Act vdpon the Committee.

112

N o. 37.

51“ VIC.

1888.

JPuhlic Works.

Doclaralion of

members of Com	6. Every member ol: the Committee, before entering on the duties of bis office or sitting at any meeting of such Committee, shall make and subscribe a declaration in the form of the Eirst Sclicdulc hereto.
mittee.
Power to sit during	7. The Committee shall have power to sit and transact business during any adjournment or recess as well as during the Session for which they shall have been appointed, and may sit at such times and in such places, and conduct their proceedings in such manner as may seem most convenient for the proper and speedy dispatch of business, and such Committee shall sit in open Court.
recess, and in open
Court,

Beport.

8 . The Committee shall, before the commencement of each

Session of Parliament, make a report to the Governor of their proceedings under this A c t; and such report shall be laid before both Houses of Parliament within fourteen days after the making thereof, if Parliament is then sitting, and, if not, then within fourteen days after the commencement of the next Session.

Minutes.

9. The Committee shall keep full minutes of their proceedings in such manner as the Governor may direct.

Powers of Com

10. Por the purposes of this Act the Committee shall have the

mittee.

following powers that is to say—

(a)

They may, by themselves or by any person appointed by them to prosecute an inquiry, enter and inspect any land, building, place or material the entry or inspection of which appears to them requisite, upon the prescribed notice being given to the owners or occupiers of such land, building, place or material.

(Jj) They may require, by summons under the hand of the Chair man or Vice-Chairman, the attendance of all such persons as they may think fit to call before them and examine, and may require answers or returns to such inquhies as they think fit to make.

(c)	They may, in the prescribed manner, require and compel the production of all books, maps, plans, papers and documents relating to the matters before them.
(d)	They may, by their Chairman or Vice-Chairman, examine witnesses on oath ; or where a witness, if examined before a Superior Court of Eecord, would be permitted to make a solemn declaration, or to give evidence in any other Avay than upon oath, then by such declaration or otherwise as the case may be.
(e)	If any person whose expenses have been paid or tendered to him shall neglect to appear; or if any person shall Avilfully insult the Committee or any of its members, or shall inter rupt the proceedings of the Committee, or shall misbehave himself before the Committee; or being summoned or examined as a witness in any inquiry or matter pending before the Committee, refuses to be sworn or to produce the

documents mentioned in the summons served upon him or any of them, or to make a solemn declaration as aforesaid, or prcA'aricates in his evidence or refuses to answer any laAvful question, it shall be lawful for the Cliairman or Vice Chairman to commit any such oifender to gaol for any time not exceeding one month, or to impose on any such offender a fine not exceeding fifty pounds, and in default of immediate payment thereof to commit the offender to gaol for any time not exceeding one month, unless the fine be sooner pakl; and in any of the cases aforesaid a Avarrant, in the form con tained in the Second Schedule (A) hereto, shall and may be issued by such Chairman or Vice-Chairman, and shall bo good and valid in laiv Avithout any other Avarrant, order, or

process

188S.	5r VIC.	No.	118
Public Works.

process •vvlmtsoever; and tlio Sheriif, his Doputr, and all officers of the Police Porcc; and gaohnvs to ndiom the same shall he atldressc'd shall olxy the same.

i f ) When; any person who has been didy served with a summons to attend as a Avitness before the Committet', and Avhose expenses haA'e been paid or tendered to him, shall fail to a])pear in ohedicnec to his summons, the Chairman or Vice-Chairman of tlu' Committee', upon proof of such person having been duly served Avith such summons, and upon proof also that such person’s non-app('aranc(! A\as Avithont just cause or reasonable excuse, may issue' a Avarrant in the form or to the effect of the Se'cond Scheduh' (B) to bring such ])('rson before the Committee to give eA’id('nc('.

Every person, reepiii’cd by the Committee to attend as a Avitness shall be allowed such expenses as Avoidd he alloAV('d to a Avitness attending on subpoena before a superior Court of record, and, in case of dispulx'. as to the amount to be alloAÂ ed, the same shall be referred to the Prothonotary of the Supreme Court Avho, on rc'quest under the hand of the Chairman of the Committee, shall ascertain and certify the proper amount of such expenses.

11. The Committee may, from time to time, in the exercise of any Assessors.

poAvers by this Act conff'rred on them, call in the aid of one oi' morii assessors, AAdio shall be persons of engineering or other technical know ledge, or possessing special local knoAvledg( ̂ or experience. TIk'ia', shall be paid to such assessors such remnm'ration as tlu' Commitl('('

may recommend and the Govei'uoi' may appi’ovc' and as Parliaiuc'ut

may proA'ide.

12. Tlu' Committee shall, suhjeet to the ])rovisious contained in Fmiriionsof

the next folloAviiig section, eonsid('r and report upon all Public V'orks (exc('])t Portilicalions and Works eonneet('d with tlie Military oi-

ISiaA'ai Defence of the Colony) to be ('xecuted after the passing of this Act, (and AAdietlu'r such Avorks arĉ (amtinuations, comph'tions, la'pairs, rec^onstrnctions, extensions or new Avorks), in all eases Avherc' llie estimated cost of comph'ting such work ('xe('eds tAAU'uty thousand pounds. And, in consid('riug and reporting on any such AVork as aforesaid, the Committee shall have regard to tlu' stated ])ui'pos(! thereof, and to tlui nec('ssity or advisability ol’ carrying it o n t; and, AAdierc', such Avork purports to Ix' of a reproductive or I'cvf'nue prodiu*- ing character, the Committee shall liaAC regard to the amouni of rcA'cnue Avhieh su(di Avork may reasonably be ('X])eeted to produce', and to the present and prospective public A'alue of sudi Avork; and geiu'i'- ally the Committee shall, in all eases, take such measiuA's and ])i'oeur(' such information as may enable them to inform or satisfy the Legislat ive;

Assembly as to the expediency of carrying out the AAork in question.

13. After the first gazetting of the Parliamentary Committee Conditionspi-ocodcnt

of Public W^orks ])ursuant to this Ad, no Public Work of any kind p,,),

whatsoever (except as t'xcepted in the last prt'ceding section, and	' '
oxee])t such Avorks as tin' Baihvay Commissioners art' aAithorized to
carry out jmrsuant to tht' “ Govt'rnment llailAvuys Act of 1SS8”), t!u' estimated cost of completing Avhich shall exceed tAvt'uty thous.and pounds, and Avhether such Avork he a continuation, eomjtletion, rt'ptiir, reconstruction, extension, or a new Avork, shall be commenced, nidess sanctioned as hereinafter provided :

(i) EAX'ry such proposed AVork shall, in tht' first place, be snbmittoil and explained in the Legislative Assembly by some Membt'r of the Executive Council haAong a seat in such Assembly (ht're- after termed “ the Ministi'r”). The explanation shall con.prist' an estimate of the cost of such Avork Avhen completed, togtlht'r

with

114

N o . 37.

5 r VIC.

1888.

’Public Works.

with such plans and specifications or other descriptions as the Minister shall deem proper, and in the case of a proposed Railway or Tramway, a map or plan of the line and Book of Reference, together with a report hy the Railway Com missioners on the probable cost of construction and mainte nance of such railway or tramway, and an estimate of the probable revenue to be derived tberefrom; and such estimate, ])lans, specifications or descriptions shall be prepared and be authenticated or verified in the prescribed manner;

(ll) Upon motion, in the usnal manner, made by the Minister or by any iMembcr of the Assembly such proposed work shall be referred to tbe Parliamentary Committee on Public Works for their report thereon.

(ill) The Committee shall, with all convenient dispatch, deal with the matter so referred to them, and, for that purpose may exercise all powers by this Act conferred on such Committee.

(iv) The Committee shall, as soon as conveniently practicable (regard being had to the nature and importance of the pro posed work), report to the Legislative Assembly the result of their inquiries.

(v) After the receipt of such report the said Assembly shall, by resolution, declare, citber that it is expedient to carry out the proposed work, or that it is not expedient to carry out the same.

Provided always that the said Assembly, instead of declaring affirma tively or negatively as aforesaid, may resolve that the report of the Committee shall, for reasons or ])urposes to be stated in tin; resolution, be remitted for their further consideration and report to the said Committee; in which case such Cominittc(; shall consider the matter of such new reference, and report thereon accordingly.

Notificatior. of

resolution.

14. Every resolution of tbe Legislative Assembly d(!claring that it is expedient or not ('X])edi(mt to carry out any such proposed work as aforesaid shall be notified in tbe Gazette.

U nder -wliat circoin-

15. If any sucb resolution declares that it is not expedient to

carry out any proposed 'work no pro]iosal for a pulfiic work in sub

re-submitted.

stancc identical with the work referred to in such resolution shall be submitted to the Legislative Ass(mibly until after the expiration of one year from the notification of such resolution as aforesaid, unless the Governor, by writing under his band addressed to the said Committee, declares that, in his opinion and in view of the public interest, it is desirable tbat any such proposal should be re-submitted to the said Assembly.

R esolution-nhen to 10. (i) Evci’y rcsolutiou of tlic Legislative Assembly declaring

be sufiioientauthorityjj; jg expedient to cari’v out tlic work specified or mentioned in

works, &c. such rcsolutiou shall be deemed to impose a statutory duty on the

Minister to introduce a Bill into the said Assembly to sanction the carrying out of sucb work, upon tbe passing whereof by Parliament and in such form as Parliament may tlrink fit, tlie authorization of such work shall become absolute, and the Constructing Authority shall thereupon carry out such work, (mter into such contracts, and take all such necessary steps for the pro]>cr execution thereof as such Authority may think proper. Provided always that no such contracts shall exceed in the aggregate by more than ten per centum the estimate for the same submitted as hereinbefore jirovided.

(ir) All such contracts may be made as follows (that is to "With respect to any contract which, if made between private persons, would l3e by law required to be in Avriting and under seal, the Constructing Authorit.v may make such contract in writing and under its seal, and in the same manner may vary or discharge the same.

say)—.

With

1888.

51" V IC .

N o . 37.

115

Public Worlcs.

W ith respect to any contract Avliich, if made hetivccn private persons, Avould h(' hy law required to he in Avritinq and signed hy the parties 1o he charged thcrcAvith, the Constructing Authority may make such contract in Avriting, and in the same manner may Amry or discharge the same.

With respect to any contract Avhich, if made hctAveen prAate persons, Avonld hy laAV ho A'alid although made hy parol only and not reduced into Avriting, the Constructing Authority may make such contract hy parol only Avithout Avriting, and in the same niammr may vary or discharge the same.

And all contracts made according to the jArovisions herein contained shall ho cflVctual in laAV and shall be binding upon the Constructing Authority on behalf of Her ISlajesty, and all other parties thereto, their heirs, executors, or administrators, as the case may b e ; and on any default in the execution of any such contract either hy the said Authority or any other l>arty thereto, such actions or suits may he brought cither hy or against the said Authority as might he brought had the same contracts hcH'n made hetAveen priAute parties.

17. The GoAX'rnor, on the recommendation of tlu; Committee, BeguiationB.

may frame regulations for giAung effect to tins Act.

Such regulations

Avlien pAihlished in the shall liaA'C the full force of hiAV ; and copies thereof shall he laid before Parliament Avithin fourteen days aft(‘r such publication, if Parliament he then in Session, and, if not, then Avithin fourteen days from the commencement of the then next Session of Parliament.

18. AotAvithstanding anything hereinbefore contained, the

GoA"crnor may, Avith respect to any Public A'ork the estimatc'd cost ()f

Puw'if

Avhich does not exceed T'Aventy Thousand Pounds, direct that the same Works,

may he carried out under the “ PAihlic Works Act of 1888,” in Avdiich

case all the poAvers and provisions contained in Parts I I and I I I of this

Act shall he applicable to such Avork and the same shall, for all purposes

of the said Parts, he deemed to he an “ authorized AA'ork,” and the

Commissioners of RailAvays or Minister on Avhom the carrying out

of such Avork devolA'es shall for the like purposes, he deemed a

“ Constructing Authority.”

PART II.

General and Special Provisions in respect to the talcing or acquisition

o f Lands fo r authorized Works,

'̂C.

19. Tlie GoA'ernor may direct that any land required, in his Ab to laking of lands

opinion, for any authorized a\ ork may he acquired, either hy taking the	rcsohition.
same under the “ Lands for Puhlic Purposes Acquisition Act,” as
adopted hy this Act, or under the provisions contained in Part I I I
lu'reof. I'hereupon, subject to the provisions of this Act, tlu; land so
rtAquired may he taken or acquired in the manner directed, and tlu'
compensation for such land shall he ascertained and dealt Avith in all

respects pursuant to the said Acts as so adopted, or the said Part, as	'
tlie ease may he.

20. Por the purpose of carrying out any authorized Avork if the As to lands taken for

Governor direets that any land required for such Avork shall he taken

under the “ Lands for Puhlic Purposes Acquisition Act,” he may hy I’ubUc Purposeŝ notification to he published in the Gazette and in one or more n n w g . ^‘‘luisition Act. papers published or cireulated in the Police District wherein is

situated

116

N o. 37.

o r VIC.

1888.

Public Works.

situated the land the subject of such notification declare that the land described in such notification has been approjniated (if Crown Land) or resumed (if private property) for the public pui’posc therein expressed. And an abstract of the land so appropriated or resumed together with the purpose for Avhich the sann ̂ is required shall, in every case, he laid before Parliament (if in Session at the date of such notification) within seven days after its publication in the Gazette-, and if not, then Avithin fourteen days after the eommenccraent of the next ensuing Session.

Vesting, &c. of land

upon publication of

21. Upon the publication of such notification in the Gazette

notification in

the lands described or referred to in such notification shall IbrthAvith

(tazHfe.

be Â ested in the Constructing Authority on hcdialf of Her Majesty for the purposes of this Act for an estate in fee simple in possession, freed and discharged from all trusts, obligations, estates, interests, con tracts, charges, rates, rights-of-AA'ay, or other casements AAdiatsocvcr, and to the intent that the legal estate therein, together Avith all poAvers incident thereto, or conferred hy this Act, shall he Â ested in such Authority as a trustee. And for the purpose of facilitating the acqui sition and disposal of land under this Act the said Authority Avhen a Minister is hereby declared to he a Corporation sole under the name of “ the Minister” ; and, by that name, shall have perpetual succession and an official seal, sue and be sued, and take all legal pi’occedings in all Courts and jdaces AvhatsoeA'cr, AAith poAver to purchase, take and hold lands to him and his successors for the purposes of this Act, and also to sell and dispose of any superfluous lands if necessary, and to

ivc effectual discharges in respect thereof to any purchaser.

Effect of publication

22. Mdiere the land taken is CroAA'n Land at the date of such publication, or is AU'sted in any corporation or ])crson on behalf of Her Majesty, or for public purposes, hy virtue of any statute, or is Avithin the limits Avith reference to centres of population ])rescribed by the “ CroAvn Lands A ct” in force for the time being, the effect of such publication shall he to AvithdraAV the said land (to the extent taken) from any lease or license, or promise thereof, and to cancel, to the like extent, any dedication or reservation of the said land made under the authority of any such Act, or to divest the estate of sucli corporation or person, and to vest the said land to the exent aforesaid in the Constructing Authority for the purposes mentioned and for the estate limited in the last preceding section.

ujK)!! C'rown Lands.

Incorporation of	23.	Uor the purpose of ascertaining and dealing Avith the com
provision of “ Lantls

ibrLui>lic Purposes

pensation to he paid for the taking of sucli lands, tlu' provisions of the

Af^quisition Act.”

“ Lands for Puhlic Purposes Acquisition Act ” (as hy this Act adopted) sliadl he applied, and shall goA’crn both the jiarty taking such lands, and the party from Avhom such lands arc taken, and all persons claim ing through or on behalf of such parties. And for such and all other subsidiary purposes, the tenth, eleventh, tAvelfth, thirteenth, fourteenth, sixteenth, seventeenth, eighteenth, nineteenth, tAventy-second, tAienty- third and tAventy-fourth sections of the Act forty-fourth Victoria number sixteen as amended by the Act forty-fifth A îctoria number twenty- six shall he incorporated Avith this Act. Provided that, in the application of the said provisions, the expression “ the Minister” or “ Minister for Public AVorks,” as and Avhen used in any of such incoiqiorated sections, shall mean “ the Constructing Authority ” as defined hy this A ct; and the expression “ this Act” Avhen so used in any of such sections shall mean the “ Puhlic AA'orks .Act of 1SS8 ” and the enactments incorporated thercAvith. Provided further that in lieu of the provisions of the “ GoA’ernment Railnaiys Act,” twenty- second Victoi'ia numher nineteen, incorporated in the Act forty-fourth A'ictoria number sixteen, the corresponding provisions as re-enacted in

Part

1888.

5r VIC.

N o. 37.

117

Tuhlic IVorJcs.

Part ITT litn-cof, and indicated in the margin hy references to the sections of the said “ Government Pailways Act,” shall he suhstituted in applying the said “ Lands for Puhlic Purposes Acquisition Act.”

2t. Ĵ 'or the purpose of ascc'rtaining the purchase money or com- Gonprai prorision m

pensation to he paid hy the Constructing Authority regard shall in evc'ry J"

case after the passing of this Act he had hy the magistrates, arbitrators, taken or acquireii.

surveyors, valuators or jury (as the cast; may he), not only to the value

of the land to he purchased or taken, hut also to the damage (if

any) to he sustained hy the owner of the lands hy reason of the

stivering of the lands taken from other lands of such owner, or otlu'r-

wise injurionsly alfecting such other lands hy the exercise of any

statutory powers hy such Authority; and they shall assess the same

according to what they shall find to have? bc('n the value of such lands,

estate or interest at the time notice was given of such lands heing

required or having been taken. Provided always that the said magis

trates, arbitrators, suiweyors, valuators, and jury in ascertaining such

])urchase money or compensation shall take into consideration and

give eil'ect to hy way of set-oif or abatement any enhancement iu the

valiu; of any land belonging to such OAvner adjoining the land taken or

severed therefrom hy the construction of the authorized work. But

in no case shall this proviso operate so as to require any payment to

h(5 made hy such owm'r to the Constructing Authority in consideration

of such enhancement of A'alue as aforesaid.

25. NotAvithstanding anything iu the last prect'ding section, the Compensation v̂llere

compensation to he; paid for and in respect of any land acquired or crotm̂ Xorlaken̂ ”

taken for

llaihvay

TraniAA'ay

p u rp o s e s u n d e r th i s A c t , a t a n y t im e Ao. tor Kaiiwuy or

Avithiu fha; years from the timoAvhen such land AA'as alienated in h'C hy the Crown, AA'hether absolutely or conditionally, shall he a sum of momw, for eatdi acre or portion of an acre of such land, equal to the amount of purchase money ]>aid ])er acre hy the grantee, or to the amount of deposit per acre paid hy the conditional purchaser for such land (as the case may he), together Avith a sum not ('xceeding one hundrt'd ])cr centum ou the amount of such purchase money or deposit; and, iu addition thereto, tlxr Aalue of any improA'cments, of Avhatever value the same may he, then being u])on such land, such A'alue, together Avith compensation for damage if any hy severance to he determined under the proA'isions of this Act.

20. All moiK'ys hy this Act directed to ho paid hy the Con-CompoiisfttioiHo be

structing Authority shall he paid hy Avarrant of the Governor addressed

to the Colonial Treasurer; and, in all cases Avhere compensation or costs 23 A'ic. Xo. lu s. -i6.

shall hcaAvai’dcd or adjudged to he paid hy the Constructing Authority,

the amount tlu'rcof shall he paid to the party laAvfully entitled thereto,

or to his agent duly authorized in his behalf, Avithiu one month jiext

after the amount of tlu' said compensation or costs shall have hc'cn

d('t('rmined.

But in ('very such case the ])arty claiming paynu'nt Tiiio lo be nuide out,

shall 1)0 hound to make out a tith' to the said lands, or to Ihe interest claimed hy him therein to the satisfaction of the Constructing ^Vuthority.

PART

118

ISTo. 37.

5 r VIC.

1888.

Fublic Tt̂ orJcs.

PART

III .

As lo the Acquisition o f Land, and ascertaining and assuring the

payment therefor, and o f compensation fo r injuries in respect

thereof,

^e .

Power to enter upon

27.

Por the carrying out of any authorized work it shall

and take lands,	he lawful for the Constructing Authority and all persons acting under
22 Vic. No. 19 8. 10,	such Authority,—

(i) To enter into and upon the lands and grounds of any person whomsoever, and to survey and take levels of the same, and to ascertain and stake or set out, take and appropriate, for the purposes herein mentioned, such parts thereof as may he necessary and proper for the laying out, making and using any authorized work, and all other works, matters and con veniences connected therewith.

remoTC materials,

( i i ) In or upon such lands or any lands adjoining or contiguous

thereto, to hore, dig, cut, trench, cmhank and sough, remove or lay, take, carry away and use any earth, stone, timher, gravel or sand or any other materials or things which may he dug, raised or ohtainedL therein in constructing such authorized work and other works, out of any lands contiguous or adjoining tlicreto, aiid which may he proper or necessary for making, maintaining, altering, repairing or using any such authorized work, or which may hinder, prevent or obstruct the constructing, reconstructing, makmg, maintaining, alter ing, repairing, adding to, extending or using the same respectively.

construct inclined

(ill) To make or construct iu, upon, across, under or over any

planes, tunnels, &c.j

lauds, streets, roads, rii’crs, streams or other waters, Avithin the lands described in the plans or mentioned in the hooks of reference of any authorized Avork, or any correction thereof, such temporary or permanent inclined planes, tunnels, em bankments, aqueducts, bridges, roads, Avays, passages, conduits, drains, piers, arches, cuttings, fences, as shall he considered necessary.

a lter tlie course

(iv) To alter the course of any rivers (not navigable), streams or

of rivers, &c.,	Avatercourses, for the purpose of constructing and main taining tunnels, bridges, passages or other Avorks OA er or under the same, or for any other necessary purpose; and also to diA’crt or alter, as Avell temporarily as permanently, the
and of roads, &c.,	course of any such rivers or streams of AAuter, streets, roads,
the level of any
such rivers or	or Avays, or to raise or sink the level of any such riA'crs or
streams.	streams, streets, roads or Arays, in order the more con- A'eniently to carry the same OA'cr, or under, or hy the side of, any such authorized Avork, as may he thought proper.

to make drains, &c.	(v) To make drains or conduits into, through, or under any lands adjoining any authorized Avork, for the purpose of conveying Avatcr from or to the same.
to erect toll	(vi) In or upon any such authorized Avork or any lands adjoining
houses, warehouses,

&c.	or near thereto, to erect and construct such houses, Avarc- houses, offices and other buildings, yards, stations, Avharves, engines, machinery, apparatus and other Avorks and con- A'cnicnces as shall he thought rcqiiisit('.

alterations and

(vii) lh“om time to time to alter or to repair or to discontinue

repairs.

the before-mentioned Avorks or any of them and substitute

others in their stead.

(vni)

1888.	5 r VIC.	N o . 37.	119
Public Works.

(v iii) Where any authorized Avork shall be constructed in or Where work is in

shall pass tiiroug'h any Avood lands or forest,—To fell or remoA'c any trees standing thereon, AAothin the distance of fifty yards from either or every side of such AVork.

(ix)

And generally, to do all other acts n(!cessary for constructing. General power, adding to, extending and using such authorized AVork.

28. The Constructing Authority may, in the prescribed manner, Constructing

Avith the consent of the Governor, dedicate any portion of land vested êdkatc highway	“
in such Authority as a jniblic higliAvay, or to be an addition to, or
extension of, .an ('xisting public higliAvay. Provided that no higlnvay so dedicated shall exceed one chain in Avidtli.
29. (i) When any authorized Avork is a llailAvay or TraniAA'ay Map or jiian and tlie Constructing iVuthority shall before commencing any such Pt.ailAvay brmade hfceruŜ or TraniAvay cause to be made and taken IcA'cls and surveys of the cases,
country and lands through Avhich such JtailAvay or TraniAvay is to be 22 vic. No. i9, s. 12. carried, together AAuth a map or plan of the line, and of tlû lands through which it is to pass, and also a hook of reference in Avhich shall be s('t forth a description ol‘ the said scA'cral lands, and the names of the OAA'ners and projirietors thereof so far as the same shall be knoAvn or can with reasonable diligence be ascertained, Avith a description of the .said lands setting forth the bearings of such Eaihvay or TraniAvay as the case may require, and tlie natim' and quality, state of cultiva tion, the inclosures (if any), and the (juantity of such land Avhich may be required for tin' ])urpose of making such Raihray or Traimvay.

(ii) Notice of such map or [>lan and book of reference shall NoUccuudobjection,

be given hy the Constructing Authority by advertisement in the

Gazette,^\\\\o\\ notice shall set forth generally the extent and direction

of the intended line of Eailway or TraniAvay and shall refer to such

map or plan and book of reference to be seen at the olHcc of tlie said

Authority at Sydney; and sliall call upon all persons interested in the

lands to he affected by the said intended EailAvay or TraniAvay, to si't forth

in Avriting to the said Authority, Avithin one month from the first puhli-

cation of such notice, any well-grounded objection that may ajijiear to

them to exist to the adojition of the said line of EailAAiiy or TraniAvay

or any part thereof, or of anyAVorks proposed in connection therewith;

and if any such objection shall he made the same shall he considered

by the Governor, Avho shall, after due consideration thereof, confirm or

alter the said map or plan and book of reference as to the said

Governor shall seem nic'ct, and thereupon notice shall he gii'cn by the

■

Constructing Authority in the Gazette of such confirmation Avith or

Avithout alterations as the case may be.

(ill) The said map or jdan and book of reference as so Dcposii wiib cim-ks

altered or confirmed shall be kcj)t in the office of the Constructing	Sessions.
Authority at Sydney, and true copies thereof signed by the said ■	•
Authority shall lie di'positcd with [the Clerk of Petty Sessions of the
districts into or throiigli Avliich sucli Eailway or TraniAvay shall be

intended to he carried ; and such map or plan and book of relerencc,	’
and sucli cojiies thereof respcctiA'cly shall be exhibited at all con-	1
venient times for iiublic examination from the day of ihe date on Avhich the notice of intention to make such EailAvay or Tramway heriaiftcr mentioned shall be first juiblislu'd : And all persons shall liave free liberty and pi'rmission, at all projier and convenient times, to AUCAV and examine the said map or plan and book of rid'eronce or copies as aforesaid.

(i\0 If any omission, misstatement, or erroneous descrip- En-or.s ami omissious

tion shall liai'e been made of any lands, or of the oAvners, lessees, or	ooirccu-ci.
occupiers of any lands described in the plan or book of reference the Constructing Authority, after having given ten day’s notice to the

owners

120	.No. o7.	5r VIC.	1888.
Vnhlic JForks.

owners of the lands alfectcd hy sucli proposed correction, may lodge an amended j'lan and hook of reference, in the same manner as the original hook of reference; and thereupon such original plan or hook of reference shall he deemed to he so corrected; and the Constructing Authority may carryout the authorized work in accordance therewith.

Authority lo give

notice of intention to

(v) The Constructing Authority shall, hy advertisement iu

make Railway or	the Gazette and in one or more of the Sydney newspapers, forty days
Tramw’ay between	before commencing any llailway or Tramway give notice that it is
certain places.	intended to make the said Railway or Tramway between certain
Ib s. 16.	places therein to he specified according to a map or plan and hook of reference to he seen in the office of the said Authority at Sydney, and at the offices of the said Clerks of Petty Sessions ; and, in case any material deviation from the said line indicated in such map or plan shall at any time afterwards be deemed hy the Governor to ho desirable, the like notices shall he given hy the said Authority relative to the proposed deviation.
^Notice of lands taken,	30. When the map or plan and hook of reference in the case of a Railway or Tramway or the plan in case of any other authorized work shall have been confirmed hy the Governor, the Constructing Authority shall give notice of the lands taken or required for the said work to all the parties interested in such land, or to the parties enabled hy this Act to sell and convey or release the same, or to such of the said parties as shall after diligemt inquiry he known to the Constructing Authority. Every such notice shall state the par ticulars of the lands so taken or required as aforesaid, and that the Constructing Authority is -willing to treat as to the compensation to he made to all jiarties for the lands taken or to be taken, and the damage sustained or that inay he sustained hy them by the exercise of the po-wers conferred hy this Act. Such Authority in the said notice shall demand fi‘om such parties, and the said parties arc lun’chy required to deliver forth-ndth to the said Constructing Authority, the particulars of their estate and interest in sucli lands and of the claims made hy them in respect thereof and such other particulars and in such form as may he prescribed, together -with an alisiract of their title to such land; and, if they claim in respect ot: damage, the nature of the damage which they have sustained or ivill sustain hy reason of the taking of such lands.
22 Vic. No. 19 8.22.
Rower to purchase
lands by agreement.	31. I t shall he lawful for the Constructing Authority to agree which shall he required for the purposes of this Act, and -with all jiarties having any estate or interest in such lands, or hy this Act enabled to sell and convey the same, for the absolute purchase tor and on behalf of Her Majesty, for a consideration in momw, of any such lands or such parts therc'cfi' as shall bo thought proper, and of all estates and interests in such lands of what kind soever.
8 Vic. c. 18 8. 6.	with the oivners of any lands by this Act authorized to be taken, and
22 Vic. No. 19 s. 17.
In certain cases

power to purchase

32. (i) I t shall ho lawful for the Constructing Authority in

or take lands for	addition to the lands authorized to he compulsorily taken hy such
additional accommo
dation.	authority as aforesaid to contract, -with any party willing to sell
22 Vic. No. 19 8. 20.	the same, for the purchase for and on behalf of Her Majesty, for Railway or Tramivay purposes of any lands for the purpose of making and providing additional stations, yards, wdiarfs, stellings, and places for the accommodation of passengews, and for receiving depositing and loading or unloading goods or cattle to he conveyed upon any Railway or Tramway; and for the erection of weighing machines, toll-houses and other buildings and conveniences, and for any other purpose that may be deemed requisite or convenient for the use of the Railw ays or Tramw^ays ; and it shall he lawful for all parties who, undiw the provisions hereinbefore contained Avould he enabled to sell and convey lands, to sell and convey the same under and for the purjioses of this section.

( n )

1888.	5 r VIC.	N o. 37.	121
Tuhlic Works.

(ii) Iiistpad of oxorcisiii" tlio power of acquirin''^ such lands so required for additional accommodation hereinbefore conferred, the Constructinsi^ jV.utliority may acquire such lands compulsorily, pursuant to the provisions for compulsorily taking' land hcrclnheforc! contained.

33. land may be exercised hy tlie Constructing Authority from time fo

The aforesaid powers of taking or acquiring or purchasing Powcis cxci-cisabio

&c.

time; and Avliethcr tlic particular ivork, for Avhich lands may ha\'e been taken, acquired or jmrehased, has been actually constructed or not.

3d'. In the exercise' of the poAvers granted hy this Act the As to (lunmf'os.

Constructing .Vutliority and all other jiersons sliall do as little damage 22 vic. No. 19, s. 10.

as ]iossihle; and, if required, full satisfaction shall be made in manner

herein providi'd, to all persons inti'ri'sted in any lands or lu'redita-

ments Avhich shall liaA’C been taken, used, injured or prejudicially

affected, for all damages sustained hy them by reason of the exercise

of such jioAvcrs.

35. Nothing herein contained shall empoAver the Constructing As to injuries to

Authority or any ]icrson, in the exercise of the poAAnrs granted hy this	No 19 s 11.
Act, to take, injure or damage any messuage, dwelling-house or othi'r ])eriiiaucnt building or the immediate appurtenances thereof, Avithout the consent in Avriting of the owner and occupier thereof respeetively, until after the expiration of three calendar months from the time the Constructing Authority shall liaA'c given notice to the OAvner thereof that the same is required under this Act.

3(). (i) I t shall he hiAvful for all parties being seised, posscssi'd Piu-Ues onaMcd

of or entitled to any such lands or anv estate or interest therein, to sell

and convey or ri'lease the same to the Constructing Authority for and powers,

on behalf of Her Majesty, and to enter into all necessary agreements sA'ie. c. is s. 7.

for that pur]lose.	22 Vic. No. 19 s. 18.
(ii) It shall he lawful for all or any of the following parties, so seised, possessed or entitled as aforesaid, so to sell, coiiA'ey or release', (that is to say) all corporations, tenants in tail or i'or lift', married Avomcn seised in their own right or entitled to dowt'r, guardians, committet's of lunatics and idiots, trustees O'O feoffees in trust for charitahlc or otlit'r purpose's, executors, administrators and all parties for the time heing entitled to the receipt eif the' rents and preilits of any such lands in posst'ssion or subject tee any estatei in deiAver, eir to any lease for life, or for lives anel ye.'ars, eir for years, eir any less interest.
(ill) The poAver se> to sell anel cemvey or release may law fully he exercised hy all such partie's (other than married Avome'ii entitled to doAver, or lesse'cs for life, or for liA'es and ye'ars, or feir ye'ars, eir for any less intere'st), not only on he'half of themselves anel their re'spective; heirs, excenitors, administrators and successors, hut alsei ibr and on behalf of e'very persein entith'd in rever.sion, remaineh'r or expectancy after tlie'in, or in de'feasance of the estates of such parties ; anel as to such mr.rrieel AA omen, Avhe'tlu'r they he of full age; or not, as if they Avere sole and of full age, anel as tei sueh giiarelians on behalf of their wards, anel as to such committees on behalf of tlie' lunatics anel idieits of AA’hom tlu'y are the committees respe'ctive'ly, anel that to the same exte'iit as such Avha's, AAards, lunatics anel idieds res- pectiA'ely, could liaA'e exercised the same poAver under the authority of this Act, if they had been under no elisahility ; and as to such trustees, executors or administrators, on behalf of their cestui que* trusts Avhethcr infants, issue unhorn, lunatics, femes coAX'rt or other persems, and that to thei same cxte'iit as such cestui que trusts respectively cemlel liain exercised tlie same poAvers under the authority of this Act, if tlu'y had been under no disability.

( IV )

122	N o. 37.	51° VIC.	1888.
Public Works.

( i v ) The power hereinafter given to release lands from any

rent-charge or encnmhrance, and to agree for the apportionment of any such rent-charge or ineumbrance, shall extend to and may lawfully he exereised hy every party hy this Act enabled to sell and tniivey or release lands.

Amount of compensa-

(v) The purchase money or compensation to be paid for any

by arbinatiorin*̂ case

taken froiu any party under any disability

of parties under	or incapacity and not having power to sell or convey sueh lands
disability.
22 Vic. No. 19 s. 19.	except under the provisions of this Act, and the eompensation to he paid for any permanent damage or injury to any such lands shall not (except where the same shall have been det(‘rmined hy a surveyor appointed under the provisions hereinafter contained), be less than shall he determined hy two Justices or by arbitrators appointed in tlie manner hereinafter provided.
Autliority to sell

such lands and to

37. The Constructing Authority may sell and convey any lands

purchase others.

so acquired, or any part thereof, in such manner and for such con

8 Vic. c. 18 s. 13.

siderations and to such persoiis as such Authority may think fit ; and

22 Vic. No. 19 8. 21.

may purchase otlier lands for the like purpose's, and afterwards

sell and convey the same, and so from time' to time.

Service of notices on38. All notices required to he served or gi\'en l>y tine Constructing

onandr̂ *̂ occupiers Authority upon the parties interested in or entitled to sell any such

8 Vie. c. 18 s. 10. lands, shall either ho served personally on such parties or left at their

22 Vic. No. 10 s. 23	last usual place of abode (if any such can after diligent inquiry he found). In case any such parties shall he absent from the Colony, or cannot be found after diligent inqniry, such Jioticcs sliall ho left witli the occupier of sueh lands, or, if there he no such occupier, shall he advertised not less tlian three times in one or more daily newspapers published in Sydney.
treat or in case

If parties fail to

39. If, for twenty-one days after the service of such notice, any

of dispute com

such party shall

pensation to bo	(i) Omit to state the particulars of his claim in rcsjicct of any
settled as after

mentioned.	such land or to treat witli the Constructing Authority in
8 Vic. c. 18 8. 21.	respect thereof; or

22 Vic. No. 10 8. 2-1

( i i )

Tail to agree with the Constructing Authority as to the amount of tlie compensation to ho paid by the Constructing Authority, for the interest in such lands belonging to such party or which he is by tbis Act enabled to sell; or for any damage that may be sustained by him by reason of the execution of the authorized work;—

The amount of such compensation shall bo settled in the manner hereinafter provided for settling cases of disputed compen sation.

But the owner or party claiming compensation shall not ho at liberty to institute any proceeding for the recov ery of his claim until after the expiration of fourteen days from the dc'livery of the particulars required by this Act to he furnished to him. Provided that if no claim be made within two years after such notice as aforesaid by the party entitled to make such claim, the same shall be deemed to have been waived and abandoned.

How disputes ns to

compensation to be

40. If no agreement be come to between the constructing

settled.	authority and the owners of, or parties by this Act enabled to sell
8 Vic. c. 18 8. 22.	and convey or release, any lands taken f>r required for any authorized
22 Vic. No. 19 8. 25,	work, or injuriously alfectcd by the exercise of any of the powers hereby granted, or any interest in such lands, as to tin' value of such lands or of any interest therein, or as to the compensation to be made in respect thereof, the compensation claimed shall be settled (i) by two Justices Avhere sueh claim shall iiot exceed one hundred pounds,
( i i ) hy arhitratoi's as hereinafter provided Avherc such claim shall
exceed one hundred pounds.

1888.

BV VIC.

N o . 37.

123

Public Works.

41. Any Justice may, upon tlie apjilication of either party. Method of pi-occed-

witli respect to any question of disputed compensation by this Act “ s ,̂ ettihi/dhp̂

authorized to he settled hy two Justices, summon the other party to as to compensation,

appear before two Justices, at a time and place to bo named in the 8 Vio-c. is s. 24.

suinmons ; and, upon tlu'appearance of such parties or, in the absence

of any of them, upon jiroof of due service of the summons, such Justices may hear and determine such question, and for that purpose ('xamine such parties or any of them and their witnesses upon oatli. The costs of evt'ry such inquiry shall he in the discretion of such Justices, and they shall settle the amount thert'of. l^rovidcd always that, if tlu ̂amount awarded hy the Justices shall lx; oiie-third less than the amount claimed, the mvner of the land or person claiming compensation shall ])ay to tlie Constructing Authority the costs of and occasioned by the im|uiiy, unless tlic Constructing Authority shall have ollercd a less amount than tlie sum awarded.

Compensation hy Arbitration.—Jury, Surveyor, ^c.

42. ( t) When any ([uestion of disputed compensation or any Appointment of

dispute or other matter authorized or directed hy this Act to he settled '“’b'trators.

hy arbitration shall have arisen, then, unless both parties shall concur 22 vic.'̂ No. 19 s.*27.

in tlic appointment of a single arbitrator, each party, on the request of

the other party, shall nominate and appoint an arbitrator to Avhomsuch

dispute or other matter shall he referred.

( i i ) i'lvery appointment of an arbitrator shall he made, on

the part of the Constructing Authority under his hand and oiiicial seal, and on the part of any other paiJy under the hand of sucli party, or if such party he a corporation, under the common seal of such corporation.

(ill) Such appointment shall he delivered to tlu' arbitrator or arbitrators and shall be deemed a submission to arbitration on the part of the party hy ivbom the same shall ho made; and, after any such appointment shall have been made, neither party shall hai'e pmver to revoke the same without the consent of the other, nor sliall the death of cither party to such submission o]X'rate as a revocation tluni'of.

(iv) If, after any such dispute or other matter shall have

arisen, and after a request in writingsettiiig forth the matter so required to be referred to arbitration .shall have been served by the one party on the other party to appoint an arbitrator, such last-mentioned party fail Avithin fourteen days to a])point siudi arbitrator, then,upon such failure', the party making the rc'quest and having himself appointed an arbitrator may appoint such arbitrator to act on behalf of both parties ; and such arbitrator may proceed io hear and determine the matters iu dispute, and in such case, except as hereinafter provided, the award or deter mination of such single' arliitrator shall he final and conclusive'.

4 3 .

I f , I x 'fore

t b ( '

matter

.so

rcferri'd shall be determined, any Viicancy of arbitrator

arbitrator appointt'd bv ('itber partv' die, or become incapable to act as

Resupplied,

arbitrator, or refuse', or for fourtet'n days neglect to act as arbitrator, 22 vie! No	. \ o	s.2S.
Ihe party hy Avhom such arbitrator Avas appointed may nominatt' and appoint in Avriting some other person to act in his place. 7\nd if, for the space of scÂ en days after notice in Avriting from the other ])arty for that purpose, he fail to do so, the remaining or other arbitrator may proceed alone ; and t-A'cry arbitrator so to be substitutc'd as aforesaid shall liaÂ e the poAvers and authorities of the former arbitrator at the lime of such death, refusal, lU'glect, or disability as afori'.said.

14. Where more than one ai'bitrator shall liaA C hi'cn ajipointed Aiipoinimontof

the arbitrators shall, Ix'forc they enter upon the matters I'cfi'rred to

them, nominate and appoint hy Avriting under their hands an umpire 22 Vie.̂ No. 19 s.’29.

to decide any matters on Avhich they shall differ, or Avhich shall be

referred

124

X o. 37.

5 F VIC.

1888.

Piihlic Works.

referred to him. If sucli umpire shall die or hccome incapahh' to act, or refuse, or for seven days neglect to act after heing called upon to do so hy the arbitrators, they shall fortlnvith, after such death, incapacity, refusal or neglect, ajipoint another umiiirc in his place. The decision of every such umpire on the matters so referred to him shall, except as hereinafter provided, he linal.

One of the Jiidgos of	45. If, in citlicr of the cases aforesaid, the arbitrators shall
th(“ Suproino Court to , o

{i2)point um))irc ou	J-tJiUJsC or shall, for seven days after request of either party to such
neglect.	arbitration, neglect to ajipoint an umpire, it shall he lawful for any
8 Vic*, c. 18 H. 28.
22 Vic. No. 10 tf. 30.	Judge of the Supreme Court on the application of either party to such arbitration to appoint an nmjiire; and the decision of such umpire, on the matters on which the arbitrators shall differ, or Avhich shall he referred to him sliall, except as hereinafter provided, he linal.
In c:i«c of death of

single nrbitrjitor tlie

40. If, when a single arbitrator shall have been appointed,

m atter to be begun	such arbitrator shall die, or become incapable to act before he shall
de novo.	have made his award, or shall refuse, or for fourteen days neglect to
8 Vie. c. 18 s. 20.
22 Vic. No. 10 y. 31.	act, the matters referred to him shall he determined hy arbitration under the provisions of this .Vet in the same manner as if sueh arbitrator had not been appointc'd.

W here one	47.	If, where more than one arbitrator shall have been appointed,
arbitrat or may

proceed e.r paric.

cither of the arbitrators refuse, or for fourteen days neglect to act, and

8 Vic. c. 18 s. 30.Avhereno substituted arbitrator shall have been appointed under si'ction

22 Vic. No. I 'j s. 32. forty-three hereof, the otlu'r arbitrator may proceed alone; and the decision of such other arbitrator shall he as effectual as if he had been the single arbitrator appointed hy hotli parties.

I f arbitrators fail lo	48.	If, where more than one arbitrator shall have l)cen appointed,
malvc their award

within twenty-one	and Avhere neither of them shall refuse, or neglect to act as afor(!said,
days the m atter to
go to tlic inn])ire.	such arbitrators shall fail to make tlunr award within twenty-one days

8 Vie. c. 18 s. 31.after the day on which the last ol' such arbitrators shall have ho(m 22 Vic. No" i9"s. 33. appointed, or within such extended time (if any), not heing greater in tlic

whole than six months, as shall liavc' h(>en aj)])ointcd for that purpost; hy both of such arbitrators, under tlndr hands, the matters referred to them shall he determined hy the umpire appointed as aforesaid.

Tower of arbitrators

49. The Said arbitrators Or tlicir Umpire may call for the pro

to call for books, &c. of unv docuiuents in the possession or power of either partv 22 Vic. c. ID s. 34. ■'vlucli they or he may think necessary tor determining the question

in disunite ; and may examine the parties or tlieir witnesses on oatli,

and administer the oaths necessary for that purpose.

Arbitrator or umpire	50. Before any arbitrator Of Umpire shall enter into the con
to make a declara'

lion.	sideration of any matters referred to him, he shall, in the presence of
8 Vic. c. 18 s. 33.	a Justice of the Peace, make and subscribe the following declaration,
22 Vic. No. ID s. 35.	that is to say; —

do solemnly and sincerely di'clare that I have no interest, either directly or indirectly, in the property in question, and that I will, faithfully and honestly and to the best of my skill and ability, hear and determine the matters referred to me under the provisions of the “ Puhlic Works

Act of 1888.”

A.B.

Wade and subscribed in tlu' jiresencc of

Such declaration shall he annexed to tlu' award when made, and if any arbitrator or umpire having made such declaration shall wilfnlly act contrary thereto he shall he guilty of a misdemeanour.

Cost of arbitration

how’ to be borne.	51. (i) All the costs of and incident to any such arhilration Authority, unless the sum awarded hy the arbitrators shall he tlu' same or a less sum than shall have been offered hy the Constructing Authority, in which case each party shall ht'ar his own costs incident to the arbitration, and tlu' costs of tlie arbitrators shall b'c borne hy the ])artics in equal proportions.
8 Vic. c. 18 s. 34.	as settled by the arbitrators shall he borne l)y the Constructing
22 Vic. No. 19 s. 3G.

( n )

1888.	o r VIC.	No. 37.	125
Tiiblic JVorks.

(ii) If the sum awarded shall he oiu'-third h'ss than tlie amount cdaimcd, tlie wlioh' costs of and incident to the arbitration and aAvard shall h(! home hy tlu; claimant, and the arbitrators shall dii'cct tlic payment of tlu' same accordingly.

(in) If cither party he dissatisfied with the costs allowi'd hy the arbitrators as afori'said, the costs may he taxed by the Protho notary or other pro])cr officer of the Supreme Court, and the amount allowi'd hy snch officer shall hi' the amount to he paid.

52. The arbitrators shall deliver their award in writing to the Awmaiobcdciivi'mi Constructing Anthority who shall retain the same, and shall forthwith,

on demand, furnish a copy thereof to the other xiarty ; and shall at all ̂

̂ 3,

times, on demand, produce the said award, and alloiv the same to he 22 vie. No. ni s . ;!?.

inspected or examined liy such x)arty or any person axixiointed by him

for that ]mr])ose.

53. The submission to any such arbitration may, on the appli cation of either of the jiarties, he made a rule of the Supreme Court.

iii'r'as

51. Xo award made with rcsjH'ct to any question relcrred to Anani not vow ti,.onsii carhitration under the provisions of this Act shall be set aside for irregu-

•

J .1

22 Vic. Xo. PJ s. 3S).

larity or error in niatt(H* or lorm.

5 5 . In any case where reference shall he made to arbitration as Pown-lo rcf< i-b:uk

aforesaid the Siqu'eme Court or a Judge thereof shall have x>ower at any time and from time to time, to remit the matters referred or any or cither of them to the re-consideration and re-determination of the said arbitrators or um])ire as the case may 1)1', uxion snch terms, as to costs and otherwise, as to the said Court or Judge may si'cm ])ro])cr.

5(5. If the com])onsation awarded hy the arbitrators shall exceed QuesUonsofcomiion-

with the aAvard and shall desire to have the compensation settled hy a i)j'jury.

jury, and shall, rvithin fourteen days after thi' mahing of the award and 22 vin. Xo. la s. ti.

notice thereof, signify such desire hy notice in Avriting to the other

ihe sum of three hundred iiounds, and either partv shall he dissatisfied sation m cTrinni aAA ard, hut the jiarty claiming eomxiensation shall xn'occed hy action in the Supreme Court, in the usnal manner, to recover from the Con structing Authority the comxM'iisation to Avhich he may he entith'd under the xu'ovisions of this Act.

If, upon the trial of th<' said action, the verdict shall he—

(i)	Por a greater sum than tlu ̂sum ju'eviously ollered hy	the
Constructing Aid hority and awardi'd hy the arbitrators.

All the costs of the said action and of tlu ̂ arbitration

and

aAA'ard shall he borne hy the said Constructing Authority.

(ii) Por a less sum than the sura so aAvarded,

All the costs of the said action and of the arbitration and

aAvard shall 1m

' borne hy tlu' claimant.

(rii) Por the sum aAvarded hy the arbitrators.

All the costs of the said action and of the arbitration and award shall he paid hy tlu' x^arty requiring tlui same to he rc'ferred to a jury.

In every snch cas(' thi; costs of the aihiti'ation and aAvard shall

he added to, and be recoverahlc as, the costs of the action.

57. The ])urchas('-money or compt'nsation to lu'x>aid for any Compensation to lands to he purchased or taken hy the Constructing Anth()rity fi'oni

any xiarfy Avho, hy reason of absence fi'om the Colony, is x'levented suin-c\or apiiointod

from tri'ating, or who cannot after diligent impiiry he found, and the hy."” '̂ i's ' ^

compensation to he paid for any xierraancnt injury to sueh lands, shall 00 vVo.' xd. lu's. 12

lie sueh as shall he deti'rmined hy the valuation of a competent surveyor

and valuator nominatt'd for that xnirpose as hereinaftt'r mentioned.

58. IJx>on axiplication hy the Constructing Authority to two Two .lustioos to Justices, and upon such yiroof as shall he satisfaetorv to tiiem that

“ 8Uf'e3or.

any such x>arty is, hy reason of absence from the Cohiny, yirevented ^0 (kjy,,

from treating, or cannot after diligent inquiry he found, sueh Justices

shall.

126

JSTo. 37.

VIC.

1888.

Fiihlic Works.

shall, hy writing under their hands, nominate a competent surveyor and valuator, for determining such compensation, who shall determine; the same accordingly and shall annex to his valuation a declaration in writing suhscrihed hy him of the correctness thereof.

Surveyor to make a

59. Before such surveyor and valuator shall enter upon the duty I A.B. do solemnly and sincerely declare that I have no interest, directly or indirectly, in the property in question and that I will faithiully, impartially, and hoiu;stly, according to the best of my skill and ability, execute the duty of making the valuation hereby referred to me.

declaration.

8 Vic. c. 18 s. 60.

of making such valuation as aforesaid, he shall, in the presence of such

22 Vic. No. 19 s. 41,

Justices or one of them, make and subscribe the following declaration

at the foot of such nomination, that is to say :—

Made and subscribed in the |

A.B.

presence of

)

And if any such surveyor shall corruptly make such declaration, or, having made such declaration, shall Avilfully act contrary thereto, he shall he guilty of a misdemeanour.

Valuation to be

delivered to Con

60. The said nomination and declaration shall he annexed to tin;

structing Authority.	valuation to he made hy such surveyor and valuator; and shall h<;
8 Vic. c. 18 s. 61.	delivered to tlic; Constructing Authority to he kept for the purpose and
22 Vic. No. 19 s. 44	in the manner Inn-einbefore provided in case of aAvards.
Expenses to be borne
by Autliority.	61. All tin; expenses of and incident to every such valuation shall be borne hy the Constructing Authority.

Application o f purchase money,

8 fC .

Purchase money pay

_ .

62. If the purchase money or compensation payable in respect

able to

’

(Usabiiitram̂oim'tmg ^^7 lands Ol’ any int(;rest therein purchased or taken hy the Con- (o £200 to bo depo” sti’ucting Authority from any corporation, tenant for life or in tail,

Master m

woiiian sciscd i l l her own right or entitled to dower, guardian,

8 Vie. c. 18 8. 69. committcc of lunatic or idiot, trustee, executor, administrator or 22 Vic. No. 19 8. 47. person having a partial or qualified interest only in such lands and

not entitled to sell or convey the same, except under the provisions of this Act, or the compensation to he paid i'or any permanent damage to such lands amount to or exceed the sum of two hundred pounds, the same shall be paid into the hands of the Master in Equity, to he hy him deposited to the account of such Master in Equity ex parte the Constructing Authority in the matter of A or B (the party entitled) pursuant to the method prescribed hy any Act or hy any rules, for the time being in force, for regulating moneys paid into the Supreme Court in its Equitable Jurisdiction ; and such moneys shall remain so deposited until the same he applied to some one or more of the follow ing purposes, (that is to say)—

Applications of	(i)	In the redemption of the quit rent, or tlie discharge of any debt
monejs deposited.
or incumbrance affecting the land in respect of which sueh money shall have been paid, or affecting other lands settled ther(;with to the same or the like uses, trusts and purposes ; or
(ii)	In the purchase' of other lands or of Government debentures or other stock, to be conveyed, limited and settled iqion the like uses, trusts and purposes and in the same manner as the lancis, in respect of which such money shall have been paid, stood settled; or
(ill)	If such money shall bo paid in respect of any bnildings taken under tbe authority of this Act, or injured by the proximity of any authorized work,—in removing or rcsplacing such buildings or substituting others in their stead, in such manner as the Supreme Court or the Primary Judge in Equity shall direct; or
(iv)	In payment to any party becoming absolutely entitled to such money.

1888.

51“ VIC.

N o . 37.

127

Public Works.

63. Such money may he so applied as aforesaid upon an order Order for application

of the said Court or Judge made on the petition of the party ivho

n'ould have hecn ('utitled to the rents and profits of the lands hi «vic. c. is s. 7o.

respect of ivhieh sueh money shall have heen deposited; and until the 2 2vie.,No. ids.is.

money can he so a])])li(‘d, it may, upon the like order, bo invested hy the said Master in Equity in the purcliase of Government Dehenturcs or real securities, and the interest, dividends and annual proceeds thereof may lie paid to the party who would, for the time heing, liave h('('ii entitled to the rents and ])rofits of the lands.

61. (i) If such pureliasc money or compensation shall not Sums from £20 to

amount to the sum of two hundred pounds and shall exceed the sum fr“paid

of twenty pounds, tlie same shall eitlier he paid to the Master in «vie. e. is 9. 71.

Equity to be hy him deposited and applied in the manner Jicrein-vic. No. 19 9.49.

heforc directed ivith respect to sums amounting to or exceeding two

hundred pounds, or the same may lawfull}* he paid to two trustees.

( i i ) Sueh trustees shall he nominated hy the parties entitled

to the rents or profits of the lands in respect whereof the same shall he payable, such nomination to In; signifn'd bĵ Avriting under the hands of the party so entith'd. In case of the coAa'rture, infancy, lunacy or other incapacity of the parties entitled to sueh moneys, such nomina tion may laAvfully he made hy their respective husbands, guardians, committees or trustees.

(ill) Payment of such moneys shall not be made to sueh trustees as aforesaid unless tlie Constructing Authority approve tbercof and of the trustees named for the purpose.

(iv) Tlie money so paid to such trustees and the produce arising therefrom shall he by such trustees applied in the manner lu'rcnnbid'ore dircet(!d n itli respect to money deposited to the account of the Master in Equity; hut it shall not he necessary to obtain any ord('r of the Court for that jmrpose.

6-j. If such money shall not exei'cd the sum of twenty pounds, Sums not, exceeding

the same shall he paid to the iiarties entitled to the rents and profits of

thi) lands ii\ respect Avhereol* the same sliall he ])ayablc, for tlicir own s Vic. c. i8 s. 72.

list! and heiH'lit; or, in ease of the coverture, infancy, lunacy or other 2'2 AUe. No. i9, s. 49.

incapacity of such jiarties, such money shall be paid for their use to the

respective husbands, gutirdians, committees or trustees of such persons.

66. All sums of money exceeding tA\ ('nty pounds Avliieh may All sums payable

he_ payable by the Constructing Authority in respect of the taking, ;;“tnsnol7bliTaê ̂ using or interfi'ring Avith any lands under a contract or agree- entitled to bo paid to ment Avith any person Avho shall not be entitled to dispose of 'SUch

lands, or of the interest therein contraett'd to be sold by him absolutely 8 vie. c. is 9.73 .

dently of the actual value of the lands to be talam and of the damage o(!casioned to the lands held thercAvith by reason of the taking of such lauds and the making of the Avorks.

for his own benefit, shall he ])aid to the Master in Equity or to trustees, 22 Vie. No. 19 s. 50.

in manner aforesaid. It shall not he laAvful for any contracting ]>arty

not entitled as aforesaid to retain to his own use any portion of the

sums so agreed or contracted to be paid for or in respect of the

taking, using or interfering Ai itli any sueh lands, or in lieu of bridges,

tunnels or other accommodation Avorhs, or for assenting to or not

opposing the taking of sucli lands; but all such moneys shall he

deemed to liaAn heen contracted to he paid for and on account ol‘

the several parties interested in such lands, as Avell in possi'ssion

as in remainder, rcAX'rsion or expectancy. Provided ahvays that

it shall be in the discretion of the Judges of the Supreme Court,

or the Primary Judge in Equity, or the said trustees, as the ease may

be, to allot to any tenant for life or for any other partial or ([ualified

estate, for his oavu use, a portion of the sum so deposited or so paid to

such trustees as aforesaid, as compensation for any injury, ineon-

128	N o. 37.	51° VIC.	1888.
Public Works.

Payments made

67. All payments wliicli sliall bo made in any of the eases

under this Act

sufficient discharseaforesaid to the parties entitled und(>r tliis Aet to reeeive the same

to the Constructrng shall lic a good and valid diseharge to the Constriieting Anthority;

Authority.

’

and sueh Authority shall not he hound or required to sec to the appli

22 Vic. No. 19 S.51.

cation of any of the moneys iiaid to the Master in Equity or other

person hy virtue hereof, or to sec to tlie performance of any trusts.

Court of Equity	68. 'Where any purchase money or compensation paid or
may direct appli

cation of money in	deposited pursuant to this Aet shall have heen paid in respect of
respect of leases or	any lease for a lile or lives or years, or for a life or lives and years,
reversions as they
may think just.	or any estate in lands less than the 'whole fee simple thereof, or of any

8 Vic. c. 18 s. 74.reversion dejiendent on any such lease or estate, the said Court or 22 Vic. No. 19 s. 52. Jiulgc may. O il tlic petition of any party interested in sueh money,

order that the same shall he laid out, invested, accumulated and paid, in such manner as the said Court or Judge may consider 'will give to the parties interested in sueh inoni'y the same henefit therefrom as they might lawfully have had from the lease, estate or reversion, in respect of ivliich such money shall have heen paid, or deposited, or as near thereto as may he.

Pureiiaso money or

69. If the owiiei’ of ally laiids taken or purcliascd under the

compensation may in a u t h o r i t y

o f

t l l i s

A c t ,

or of any interest therein, on tender of the

certain eases be paid

’

-ai

- i

to the Master in	piii’cliase moiiev Ol" Compensation eitlicr agreed or awarded to be paid
in respect thereof,

LV;.'Nm 19'°; 53.

(i) I’cfuse to accept the same ;

(ii)	Neglect or fail to make out a title to such lands or to the interest therein claimed hy him, to the satisfaction of th(i Constructing Authority;

(in) llefuse to convey or release such lands as directed hy the Constructing a4.uthority;

(iv)	Be absent from the Colony or cannot after diligent inquiry he found;

The Constructing Authority may, if it shall think fit, de^iosit the purchase money or compensation payable in respect of such lands or any interest therein in the hands of the Master in Equity, to he hy him deposited as aforesaid to his account to the credit of the parties interested in sucli lands (describing tlu'm so far as he can do), subject to the control and disposition of the said Court.

Appiicaiioii of 70. Upon the application hy petition of any party making moneys so deposited, d^uu to tlio iiiouey SO deposited as last aforesaid or any part tlicreof, or

LVic'̂ No *"191 54 lands in respect whereof tlie same shall have heen so deposited, or any part of such lands, or any interest in the same, the said Court or .Judge may in a summary way, as to such Court or Judge shall seem fit, order such money to he laid out or invested in the purchase of Government Dehentures or real seciiritit's ; or may order distribution thereof or ])aynient of the dividends thereof, according to tin; respectivvO estates, titles or inten'st of the parties making claim to such money or lands or any part thereof, and may make such other order in the premises as to such Court or Judge shall seem fit.

Party in possession	7 1 .	If any question arise respecting the title to the lands, in
to be deemed the

owner.

respect Avhereof such moneys shall have heen so paid or deposited as

8 Vio. c. 18 s. 79.aforesaid, the parties respectively in possession of such lands as Ixdng 22 Vic. No. 19 s. 55. the OAvnci’s thereof or in receipt of the rents of such lands as being

entitled thereto at the time of such lands being ])iirchased or taken, shall he dc'cmcd to have heen laivfLilly entitled to such lands, until the contrary he shown to the satisfaction of the Court; and unless, upon such inquiry as the Court shall think fit to direct, the contrary he shown as aforesaid, tlu' parties so in possession and all parties claiming under them or consistently with their jiossession shall he decmeil entitled to the inoiu'y so deposited and to the dividend or interest of the securities purchased tliereivitli, and the same shall he paid and applied accordinglv.

72 .

1888.	5r VIC.	N o. 37.	129
Tuhlic JForls.

72. this Act, except Aviierc sncli moneys shall have heen so doimsitcd hv

In all cases of mojioys deposited luider the provisions of Costs in rasn of

reason of the n ilful refusal of any party entitled thereto to receive the	yh. No. lo s.’sc.
same, or to convey or release the lands in respect vlicrt'of the same shall ho payahh', or hy reason of the neglect of any party to make ont a good title to the land retpiired, the said Court or Judge may order the costs of the follo^ying matters, including therein all rcasoirahle charges and expenses incident thereto, to he paid hy the Constructing Authority (that is to say) the costs of—^

(i) The purchase or takiiig of the lands or v hieh shall have heen incurred in consequenec thereof, other than sueh costs as are herein otlienvisc ])rovided for;

(n)	The investment of such inoneys in Government D(‘hentur('s or real seciiritics and of the re-investment thereof in tlu ̂ purchase of other lands ;

(ill) Obtaining the proper orders for any of the purposes afore said, and of the orders for the payment of the dividends and interest of the securities upon-which sueh moneys shall he in vested, and for tlu' payment out of Court of the prinei])al of sueh moneys or of the securities whereon the same shall he invested;

(iv) All proceedings relating thereto, exc('pt such, as arc occa- sionc'd hy litigation hetween adverse claimants.

Provided always that the costs of one application only for rc-invest- ment in land shall he allowed, unless it shall ap îcar to the said Court or Judge that it is for the henefit of the parties interested in tlu' said moneys that the same should he invested in the purchase of lands, in dilVerent sums and at dithwent tim es; in Avhich case the Court may, if it think tit, order the costs of any such investments to he paid hy the Constructing Anthority.

Conveyances, S,'c.

73. (i) Conveyances of lands to he purchased or taken under Foi™ of Conveyances,

the proAUsions of this Aet may he according to the form in the s vie. c. is s. si. ̂

Third Schedule to this Aet or as near thereto as the circumstances

of the ease Avill admit, or hy deed in any other form Avhieh the

Constructing Authority may think fit.

(ii) All conveyances made according to the form in the said Schedule or as near thereto as the circumstances of the case Avill admit, shall he ctfectual to vest the lands therehy conveyed in the Constructing Authority for and on hehalf of Her M ajesty; and shall operate to merge all terms of years attendant hy express declara tion or hy eonsti'uction of hiAv on the estate or interests so therehy couA êyed, and to har and to destroy all such estates tail and all other estates, rights, titles, remainders, reversions, limitations, trusts, and interests Avhatsoever of and in the lauds comprised in sueh con- A'cyanccs, Avhich shall liaÂ c heen purchased or compensated for hy the consideration therein mentioned.

(ill) Although terms of years he therehy merged they

shall in equity afford the same protection as if they had heen kept on

foot and assigiu'd to a trustee for the Constructing Authority to attend

the rCA'crsion and inheritanei'.

7J. The costs of all such conveyances shall he home hy the cousof comcyaiiees.

Constructing Authority; and such costs shall include all charges and s auv. c. is s. 82.

('xpenses incurred on the part as Avell of the seller as of the purchaser of all coiweyanccs and assurances of any sueh lands and of any outstanding terms or interest therein, and of deducing, evidencing and verifying the title to such lands, terms or interests,

and

130	N o. 37.	5 r V IC .	1888.
Public Worlcs.

and of making ont and furnisliing sucli abstracts and attested copies as tbe Constructing Autliority may require, and all otlier risasonable expenses incident to the investigation, deduction and verification of sucb title.

Taxation of costs	75. (i) If the Constructing Authority and the party entitled
of conveyances.

8 Vic. c. 18 8. 83.

to any such costs shall not agree as to the amount thereof, such

22 Vic. No. 19 s. 59.

costs shall be taxed by the Master in Equity or other proper officer

of the Supreme Court, upon the application of either party.

( i i ) The Constructing Authority shall pay what the said

Master or other proper officer shall certify to be due in ri'spcct of such costs to the party entitled thereto; or, in default thereof, any Judge of the Supreme Court may make an order for the payment of the same ; and the said costs may be recovered in the same way as any other costs payable under any order of tbe said Court or a Judge thereof.

(ill) Tbe expense of taxing such costs shall be borne by tbe Constructing Authority, unless, upon sucb taxation, one-sixth part of the amount of such costs shall be disallowed; in Avbich case the costs of such taxation shall be borne by the party Avhose costs shall be so taxed, and the amount thereof shall be ascertained by the said Master or other proper officer and deducted by him accordingly in his certificate of such taxation.

Lands taken in pu r

suance of this Act to

70. ProAuded ahvays tbat after any lands, Avhich the Con

vest witliout con	structing Authority is by tbis Act authorized to take, shall have been set
veyance.	out, ascertained and finally appropriated for any of tbe purposes
22 Vic. No. 19 s. GO,	authorized by this Act, siudi lands and the fee simple and inheritance thereof, together Avith tbe yearly profits thereof and all the estate, use, trust and interest of CA'cry person therein, shall thenceforth be vested in tbe Constructing Authority, for and on behalf of Her Majesty, to and for the purposes of this Act, for CA*er, as fully and effectually, to all intents and purposes, as if tbe same had been couA’eyed by the persons legally entitled to sell and convey the said lands ; but never theless the Constructing Authority may, if he think fit, in any case demand such conveyance.
Proceeding in case of

refusal to deliver

77. If, in any case in AAdiicb, according to the provisions of

possession of lands.	this Act, the Constructing Authority is authorized to enter upon-
8 Vic. c. 18 s. 91.	and take possession of any lands required for tbe purpose of the
22 Vic. No. 19 s. 61.	authorized Avork, the OAvner or occupier of any snch lands or any other person refuse to give up the possession thereof or hinder the Con structing Authority from entering upon or taking possession of the same, it shall be laAvful for such Authority to issue their Avarrant to the SberilT to deliver possession of the same to tbe person appointed in such Avarrant to receive the same. Upon tbe receipt of such warrant the Shcriif shall deliver j)ossession of any such lands accordingly, and the cost accruing, by reason of the issuing and execution of such Avarrant, to be settled by the Sheriff, shall be paid by tbe person refusing to give possession; and tbe amount of such costs shall be deducted and retained by the Constructing Authority from the compensation, if any, then payable to such party, or if no sucb compensation be payable to snch party or if tbe same be less than the amount of such costs, then snch costs or the excess thereof beyond such compensation, if not paid on demand, shall be bwied by distress, and upon application to any Justice for tbat purpose be shall issue his Avarrant accordingly.
Parties not to be

required to sell part

78. Xo party shall, at any time, be required to sell or convey

of a house.	to tbe Constructing Authority a part only ol' any house or other
8 Vic. c. 18 8. 92.	building or manufactory, if such party be Avilling and able to sell and
22 Vic. No. 19 8. 02,	convey the AAdiole tbercof.

1888.	5 r VIC.	N o. 37.	131
JPtihlio JVorlts.

79. If any lands not Ixnni ̂situatcMl in a toAvn or built u])on sliall Owners of inter-

bc so cut tliron^h and di\dd('d by tlie antborized work as to leave, eitlu'r

on both sides or on one side thereof, a less quantity of land tlian ball'g

j, 93

a statute acre, and if tbe owner of sucb small parcel of land require tlie 22 vic. Ko. id s. c3.

Constructing Autliority to purcliase the same along Avitli the other land

required for the purposes of this Act, the Constructing Authority

shall purchase the same accordingly, unless the mviier thereof have other land adjoining to tliat so left, into whicli the same can be tbroivn so as to be conveniently occupied therewith; and, if such owner have

any other land so adjoining, the Constructing Authority shall, if

so required by the oivner, tliroiv the piece of laud so left into tbe

adjoining land, by reino\ ing tbe fences and levelling the sites thereof

and by soiling the same' in a siiiricient and n orkmanlike inanner.

80. If any such land shall be so cut through and dAided as to Constructing

leave on cither side of the ivorks a piece of land of less extent than

half a statute acre, or of less value than the expense of m a k in g a expense of bridges

bridge, culvert or sucb otlu'r communication between the land go

divided as the Constructing Authority is, under the provisions of this 22 vk-. ko. ib s. 04.

Act compellable to maktg and if tbe OAvner of sucb lands have not

other lands adjoining such piece of land, and require the Constructing

Authority to make such, communication, then the Constructing Authority

may require such OAvnen* to sell to him such piece of land; and any dis2)utc, as to the A’alue of such piece of land or as to A \Iia t Avould he

the expense of making such communication, shall be ascertained, as herein proA'ided for in cases of disputed compensation. On the occasion

of ascertaining the A'alue of such land the Justices or the arbitrators

or jury, as the case may be, shall, if required by cither party, ascertain

by their aAA'ard or verdict the A'aku! of any such severed piece of land

and also Avhat Avould be the expense of making such communication.

Mortgages, Rent Charges, ^c.

81. (i) The Constructing Authority may jiurchasc or redeem the Power to redeem interest of the mortgagee of any such lands aa

IucIi may be required

in trust for any other jtarty; and aa hethcr he be in possession of such

for the purposes of tbis A ct; and that Avhether he shall have iwc- 22 vk. No. 16 s. os.

A'iously purdiased the equity of redemption of such lands or n o t; and

lands by virtue of sucb mortgage or n o t; and AAliethcr such mortgage

alfect such lands solely or jointly AAuth any other lands not required

for the puiqioses of this Act.

(ii) In order thereto, the Constructing Authority may pay or

tender to such mortgagee the princqial and interest due on such

mortgage, together Avith his cost and charges, if any, and also six months additional interest; and thereupon such mortgagee shall immediately convey his interest in the lands comprised in such mortgage to the Constructing Authority or as he shall direct.

(in )

Tlie Constructing .Authority may give notice in AA'riting

to such mortgagee that he aauII pay off the principal and interest due on such mortgage at the end of six months, computed from the day of giving such notice: and if he shall liaA'C given any such notice, or if the party entitled to the equity of redemption of any such lands shall liaA'e given six months notice of his intention to redeem the same, then, at the expiration of eitlier of such notices, or at any intermediate period, upon payment or tender by tbe Constructing Autliority to tbe mortgagee of tbe principal money due on such moilgagc and the interest Avhicli Avould become diuA at the end of six montbs from the time of giving either of such noiices, together Avitli his costs and expenses, if any, such mortgagee shall couA'cy or release his interest in the lands comprised in such mortgage to the Constructing Authority, or as he shall direct.

132	N o. 37.	5 r VIC.	1888.
*JPuhlic Worlcs.*

Deposit of mortgage 82. If, in citlici’ of tlic casos afovesaid, itpoii sucli payment or money on refusal to tcnclci’, anv mortifaEfee sliall fail to com ey or release his interest in 8 Vic c 18 s 109 such inortji'agc as directed hy the Constructing Authority, or if he fail 22 Vic. No. 19 s. t!6. to addiicc a good title thereto to his satisfaction, then it shall he lawful

for the Constructing Anthority to pay into the hands of the Master in Equity, to be dealt with hy him in the manner jirovided hy this Act in the casi's of moneys required to he paid to sueh Master in Equity, the principal and interest, together with the costs, if any, due on such mortgage; and if such payment he made before the expiration of six months notice as aforesaid, such further interest as would at the time become due; and also, if such Anthority think tit, to execute a deed poll, containing a description of the lands in respect whereof such deposit shall hai'C been made and describing the circumstances under whicIi and the names of the parties to whose credit such deposit shall have been made, and such deed poll shall be duly registered by the Con structing Authority. And thereupon, as well as upon such conveyance by the mortgagee, if any such be made, all the estate and interest of such mortgagee and of all persons in trust for him or for whom he may be a trustee in such laifds shall vest in the said Authority, and such Authority shall he entitled to immediate possession thereof, in case such mortgagee were himself entitled to such possession.

Slim to bo paid wiicu 83. (i) If auy of such mortgaged lands shall be of less value Taiue“oTthrwV*' ̂than the principal, interest and costs secured tlu'reon, the value of

8 Vic c 18 s 110 such laiids or the compensation to be made by the Constructing Authority 22 Vic. No. 19 s. G7. ill I’cspcct thereof shall be settled by agreement between the mortgagee

of such lands and the party entitled to the eqnity of redemption thereof on the one part, and the Constructing Authority on the otlu'r part.

(ii) If the parties aforesaid fail to agree, respecting the amount of such value or compensation, the same sliall be determim'd, as in other cases of disputed compensation.

(in) The amount of sueh value or compensation bidng so agreed upon or determined shall be paid by the Constructing Authority to the mortgagee, in satisfaction of his mortgage debt, so far as the same will extend; and upon payment or tender thereof the mortgagee shall convey or release all his interest in sueh mortgaged lands to the Constructing Authority or as he shall direct.

Peposiit of money	84. If, upon such payment or tender as aforesaid being made,
wlien refustd ou

tender.

any such mortgagee fail so to convey his interest in sueh mortgage or

8 Vic. e. 18 s. 111.to adduce a good title thereto to the satisfaction of the Coustruetiug 22 Vic. No. 19 s. Gs. Authority, it shall be lawful for the said Authority to pay the amount

of such value or compensation into the hands ol' the IMaster iu Equity, to be dealt with by him, in the manner provided by this Act iu like case of moneys riapiiri'd to be paid to such ]\Iaster in Equity; and every such payment or deposit shall be accepted by the mortgagee in satisfaction of his mortgage debt, so far as the same will extend, and shall be a full dischai’gc of such mortgaged lands from all moiu'y due thereon; and the said Authority may if it think fit, execute a dec'dpoll in manner hereinbefore provided. And therenpon such lands, as to all such estate and interest as were tlien v'csted in the mortgagee or auy person in trust for him, shall become absolut(dy vestc'd in the Con structing Authority and such Authority shall b(' entitled to immediate possession thereof in case such mortgagee were himself entitled to such possession.

Nevertheless, all rights and remedies possessed by the mortgagee against the mortgagor, by virtue of any bond or coi'cnant or other obligation, other than the right to such lands, .shall remain in force, in respect of so much of the mortgage debt as shall not have been satisfied bv such payment or deposit.

85.

138

m . 37.

5 r V IC .

1888.

JPtiblic Works.

shall cause the new or suhstituted road or some other sufficient suh- stitutcd road to he put into a permanently substantial c;ondition, equally convenient as the former road or as near thereto as circum stances will allow.

And the former road shall he restored or the suhstituted road put into such condition as aforesaid, as the case may he, with all reasonable expedition.

Consh-ucting

105. If the autliorized woi'k sliall ci’oss ail}'highway (other than

Aiahonty to maiy

pubHc carria^c-wav) on the level, the Constructin'^ Authoritv shall

sutlicient approachea i • *' ' • i i ^ ̂ ̂ *i_ -i

and fences to bridle-make and at all times mamtaiii convenient ascents and descents and CT̂ singlhriinT̂ * otlicr coiivenicnt approaches with hand-rails or other fences; and 22 Vic. No. 19 8.92. sliall, if sucli highway he a hridle-way, erect and at all times maintain

good and sufficient gates, and if the same he a foot-way, good and sufficient gates or stiles on each side of the authorized work where the highway shall communicate therewith.

Works for benefit of

lOG. Tlic Coiistructiug Authority shall make, and at all times

maintain, the following ivorks, for the accommodation of the owners

22 \ ic. No. 19 8. 93.

1? 1

̂ 1 • •

•

.1 i • 1.

and occupiers ot lands adjoining any authorized work, that is to say,— ̂

Gates, bridges, &c.	(l)	Siicli aiid SO many convenient gatt'S, bridges, arches, culverts and passages over, under or hy the sides of or leading to oi* from the authorized work as shall he necessary for the pur pose of making good any interruptions caused by the autho rized work to the use of the lands through, in, or upon Avhich such authorized work shall he made or constructed; and such Avork shall he made fortliAvith after such authorized AA'ork or part of it passing over such lands shall haA'c been
.	laid out or formed or during the formation thereof.
Fences, &e.	(ii)	Sufficient posts, rails, hedges, ditches, mounds or other fences for separating the land, taken for or for the use of the autho-
‘	rized Avork, from the adjoining lands not taken and protecting such lands from trespass, or the cattle of the owners or occupiers thereof from straying thereout, in consequence of such authorized AA'ork; together AA’ith all necessary gates made to open toAi ards such adjoining lands and not toAvards the authorized AA'ork. All necessary stiles, and such posts, rails and other fences shall he made forthwith after the taking of any such lands, if the owners thereof shall so require, and such other AVorks as soon as conA'eniently may he.
Drains.	(ill)	All necessaiw arches, tunnels, culverts,drains or other passages
either OA'cr or under, or hy the sides of the authorized Avork, of such dimensions as will he sufficient, at all times, to convey the AA'atcr as clearly from the lands lying near or affected by such authorized Avork as before the making of the authorized Avork or as nearly so as may h e ; and such works shall be made from time to time as the authorized AVork proceeds.

Provided always that the Constructing Authority shall not be required to make such accommodation works in such a manner as Avould prevent orohstruct tlicAA'orkiDg or using of the authorized Avork ; nor to make any accommodation Avorks Ayith respect to Avhich the OAvners and occupiers

■	of the lands shall liay'e agreed to receiA'c and shall have been paid compensation instead of the making them.

Differences as to

107. If any difference arise, respecting the kind or number of

wo7kTto°be'*setm by

sucli accommodatioii Avorks or the dimensions or safTiciency thereof

Governor. ' 01’ respecting the maintaining thereof, the same shall he determined hy 22 A'ie. No. 19 8.94. the Govei'iior Avho shall also a]q)oint the time n ithin Avliich such AA'orks

'	shall he commenced and executed.

Power to owners of 108. If aiiv of the OAVDCi’s 01’ occupici’s of laiids affected hv lands to make acioi- g^cli autliorizod Avoi'k shall cousidei’ the accommodation Avorks made

tional accommodation .,

i n y - ' . i i *

-i

works.

by the Coustructmg Authority or directed by the Governor to be

22 Vic, No, 19 s. 95,

m3.de

1888.	5V YIC.	N o . 37.	139
Public Works.

made by the Constructing Authority insufficient for the commodious us(! of their respective lands, it shall he lawful for any such owner or occupier, at any time, at liis own expense, to make such further Avorks for tliat purpose as he shall tliink necessary, and as shall he agreed to hy the Constructing Authority.

109. If the Constructing Authority so desire, all such last-Sncii works to bo

mentioned accommodation AVorks shall he constructed under the

su])crintendencc oi tlu ̂ Engineer or other officer superintending the of the Constructing

makin" or constmetion of any authorized Avork, and aecordint? to Authonty’sKngmccr.

])lans and spcciihtations to he submitted to and approved hy the

Constructing Authority. A evertheless, the Constructing A uthority shall

not he entitled to require either that plans should he adojited Avhich Avould involA'c a greater expense than that incurred in the execution of similar AA’orks hy such Authority, or that the plans selected should he ex(!cutcd in a mon; expensive manner than that adopted in similar cases hy such Authority.

110.

or other proper communications Avhich it shall, under the provisions

lu'i-ein contained, hav(' heen required to makchetAveen lands inti'rsecti'd made.

Until theConstructing Authority shall havemadc the bridges Owners to bouiiowcd

hy the authorized A\ ork, and no longer, the OAAners and occupiers of 22 A'ic. No. lo s. 97.

such lands and any other person Avhosc right-of-AA-ay shall he affected	.
hy the Avant of sucli communication, and their respcctiA'c servants may,
at all times, freely pass and repass Avith carriages, horses and other
animals directly (Imt not otherAvise) across the part of the authorized Avork constructed or made tlirough, in, or iqion their rcspiictive lands,
solely for the purpose of occupying tlu' same lands or for the ('xercise of such right-of-Avay, and so as not to obstruct the passage along such
authorized Avork or to damage the same. Nevertheless, if tlie OAvner or occupier of any such lands liaA'e, in his arrangements Avith the Constructing Authority, recinved or agri'cd to receiA'c compensation for
or on account of any such communications, instead of the sanu' being formed, such OAim er or occujiier or those claiming under him shall not
ho entitled so to cross the authorized Avork.

111. If any person omit to shut and fasten any gate, set up at Pcniiity on pevaons

either side of the authorized Avork for the accommodation of the OAvners authorized hy the Constructing Authority.

or occupiers of the adjoining lands, as soon as he and the carriages, 22 vic. No. 19 s. os.

cattle or other animals under his care have passed through the same,

he shall forfeit for eA'cry such offence any sum not exceeding ten

])ounds, to he rccoA'cred in a summary Avay before any Stipendiary or

112. (i) This Act shall not prcA'cnt the OAvners or occupiers of Power to parir s to

lands adjoining any authorized AA ork, aaTicu such authorized Avork jg

̂ railway, .......

s comnni-

a llailAvay, or any other jK'rsons from laying doAvn, either upon their nicatirg wtui tbo

OAvn lands or upon the lands of other persons AA'ith the consent

such persons, any collateral branches of llailAA ay to communicate Aidtli "	“
any Railway to he made under this Act, for the puiqiosc of bringing carriages to or from or upon such Railway, hut under and subject to tlie prescribed provisions and restrictions and to the proAusions of this Act and the “ Government Raihvays Act of 18S8.”
(ii) Tlie Constructing Authority shall, if required, at the expense of such OAvners and occu])iers and other persons, make openings in the rails and such additional lines of rail, as may he necessary for effecting such communication, in places Avhere the communication can he mad(' AA’ith safety to the public and Avithout injury to the Railway and a\ itliont inconA cnic'nce to the traffic thereon.
(ill) The Constructing Authority shall not take any rate or toll or other moneys for the passing of any passengers, goods or

other

140	IS'o. 37.	5r VIC.	1888.
JPuhlic Worlis.

otlicr tilings along any lirancli so to lie made liy any such owner or occupier or other person; hut this enactment shall he suhjcct to tho following restrictions and conditions (that is to say)—

KesIriHions and

(«) No such hranch llailn ay shall run parallel to tho authorized

conditions.

Railuay.

(&) The Constructing Authority sliall not he hound to make any such openings in any place which such Authority shall have set apart for any specific purpose Avith Aidiicli such communication u ould interfi're, or upon any inclined plane or hridge, or in any tunnel.

(c)

The persons making or using such branch Eailways shall he subject to all hy-laAis and regulations of the llailway Commissioners, from time to time made with respect to passing ujion or crossing the llaihvay and othenvise ; and the persons making or using such liranch llailways shall he hound to con struct, and, from time to time, as need may require, to renew the rails, crossings, SAvitches and sleepers according to tho most approA cd plan adopted hy the Constnacting Authority and undc'i’ the direction of the Engineer of the llailAvay.

13icjult)i of land to be

113. The lands to he taken or used for any authorized Avork,

loVii

such authorized Avork is a Kaihvay, shall not exceed one hundred

' ̂ ’

' yards in Avidth except Avhere a greater Avidth shall he judged necessary for an ajAproach to the llailAvay or for aa aggons and other carriages to turn, remain, stand in, lie or pass each other, or for raising emhank- lucnts for crossing valleys or I oav grounds, or in cutting through high ground, or for the erection or establishment of any lixc'd or jH'rmanent machinery, toll-houses, Avarehouses, Avharf or other erections and build ings or for excavating, remoA'ing, or depositing earth or other materials.

Provisions as to Lands containing minerals,

ConstrudiiigAutiior-

l i t . NotAvithstandiiig anything hereinhefore in this Act con-

any other Act incoiqAorated, or made apydicahlc hy this

8 y,c. c, 20 s. 77.

Act, tlic Constructing Authorit y shall not ho entitled to any mines or deposits of coal, ironstone, kerosene shale, limestone, slate or other minerals under any land taken or purchased hy such Authority after the passing of this Act, except only such portions thereof as shall bo necessary to he dug or carried aAvav or used in the construction of the AA'orks ; unless the same shall liaA'c been expressly taken or purchased. And all srrch mines and deposits, except as aforesaid, shall ht; deemed to he excepted on tlu; taking or out of the conveyance of such lands, unless they shall have heen expressly taken or couA'cyed.

Mines qing neiir tiio

115. If tlio OAA’iier, Icssce 01' occupior of any mines or minerals

woUed rniic°GOT binder any authorized Avork or any of the Avorks connected there- struding Aidboritj Avitli oi’ Avithiu forty yai'ds fi’om tlic boundary thereof he desirous of inirdiLc°Um̂ ̂ working tho same, such oAvner, lessee or occupier shall give to the

8 Vic. c. 20 s. 78.

Constructing Authoriiy notice in writing of his intention so to do, thirty days before the commencement of Avorking. And Aipon the receipt of such notice it shall he laAvful for the Constructing Authority to cause such mines to he ins])ceted hy any person ap|)ointed hy him for the purjAosc; and if it appear to the Constructing Authority that the Avorking of such mines or minerals is likely to damage the authorized AA'ork, and if the Constructing Authority ho Avilling to make compensation for such mines or any part thereof to such owner, lessee or occupier, then he shall not AA ork or get such minerals, and if the Constructing Authority and snehoAvner, lessee or occupier do not agree as to the amonnt of such compensation, the same shall l;e settled as in other cases of dis])uted compensation as hereinhefore provided.

1888.	5r VIC.	N o. 37.	141
Fuhlic IForJcs.

110. (i) If Ocfoi’c tlie expiration of sncli thirty days the Con-if const,m<iing

strnctimi: Authority do not state its Avillinu;ncss to treat Avitli sucdi

owner, lessee or occupier ior the paynii'ut oi sucli coni])ensation, it sliall ouncr may work Uie

he hnvful for liiiu to work the said mines or any part tliercof for u hich

the Constructim^ Authority shall not have ayreed to give compensation,

so that the same he done in a manner projier and necessary for the

hcnelicial Avorking thereof, and according to tho usual manner of

Avorking such mines in the district Avlicrc the same shall be situate.

(ii) If any damage or ohstruction he occasioned to the authori/.i'd Avork hy improper Avorking of such mines, the same shall be fortliAiith repaired or removed, as the case may require, and such damage made good by the OAvner, lessee or occupier of such miiuvs or minerals and at his OAvn expense.

(ill) It shall be laAiful for the Constructing Authority, if such repair or rcmoA'al he not fortlniith carried out by, or, if such Authority think fit, Avithoiit Availing for the same to be carried out by such OAViier, Icssce, or occupier, to carry out tho same and recover from such OAAnier, lessee or occupier tlic expense occasioned thereby by action in the Supreme Court.

117. If the Avorking of any such mines under the authorized Alining

AVork or Avithin the aboveuientioned distance therefrom bo prevented them to ventilate, drain and A\ ork their said mines. But no such air- Avay, headway, gatcAvay or Avatcr-level shall be of greater dimensions or section than the prescribed dimensions and sections, and Avlu'rc no dinu'nsions shall be prescribed, not greater than eight feet Avide and eight feet high, or of such a nature as to injure or to impede the passage on, to, through or over the same.

as aforesaid, by reason of apprelumdcd injury to such authorized Avork, ̂

it shall be laAifiil for the respective' OAvners, lessees and occu])icrs of

such mines and AAdiose mines shall extend so as to lie on both sides of

the authorized AVork to cut and make so many airways, lieadAvays,

gateways or Avater-lcA’cls through the miucs, measures or strata, the

118. The Constructing Authority shall from time to time pay to Consinuting

the OAAUicr, lessee or occuiiier of aiiA’ such mines, lA’ing on both sides of Autiumiy to make

the authorized AAwk, all such additional expenses and losses as shall injury tione to mines,

be inenrred by such OAvner, Icssce or occupier b)'̂ reason of the scÂ er- s A ir. c. 20 s. si.

ance of tin; lands lying over such miucs by the authorized AVork, or of

the continuous Avorkiug of such mines being interrupted as aforesaid,

or by reason of the same being Avorked in smdi manner and undt'rsuch

restrictions, as not to jtrt'judicc or injure the railuay, and for any

mint'rals not taken or purchased by the Constructing Authority Avhicli

cannot be obtained by retison of making or constructing and main

taining the authorized Avork. And if any dispute or question shall

arise betAveen the Constructing Authority and such OAvner, lessee or

occupier as aforesaid touching the amount of such losses or expenses

the same shall be s(>ttled by aihitration as hereinbefore mentioned.

lit). of the lands lying OA'or any such mines, the Ai orking Avhereof shall

If any loss or damage be sustained by the OAimer or occupier And ai-o for any .air-

- 1 1

n J 1

'K'Cl'ssary by

have been so prcA'cntod as aloresaul, by reason ot the making ot any iiie railway,

such aii'AA'ay or other Avork as aforesaid, Avhich or any like Avork Avoiild s vir. e. 20 9 . 82.

not have been necessary to be made but for the Avorkiug of such

mines havingbecn so prcA'cntcd as aforesaid, the Coiistructiug Authority

shall make full compensation to such OAvner or occupier for the loss or

damage so sustained by him, if he is not also the OAvner, lessee or

occupier of any mine under such lands, in connection Avith AA'hicli such

aii’AÂay or other AA'ork has been made.

120. Avorked or have been AVorked so as to damage the authorized AA ork it "(Vintpeu

Bor better ascertaining AA

hcthcr any such mines arc being rower to Construct-

shall

working of mines.

8	Vie. c. 20 s. 83.

142	JSTo. 37.	51« VIC.	1888.
JPublic Works.

shall be lawful for the Constructing Authority, after giving twenty-four hours’ notice in Avriting, to enter upon any lands, through, in, on or near which the authorized work is constructed, and Avherein any such mines are being Avorked or are supposed so to be and to enter into and return from any sncli mines or the works connected thercAvith; and for that purpose it shall be laAvful for such Authority to make use of any apparatus or maehinery belonging to the OAvner, lessee or occupier of such mines and to use all necessary means for discoA'cring the distance from the railway to the parts of such mines, Avhich are being Avorked or about so to be.

Penalty for refusal

121. If any such OAvner, lessee or occujiier of any such mine

to inspect.

shall refuse to alloAvany person, appointed by the Constructing Authority

8 Vic. c. 20 s. 84.

for tliat purpose, to enter into and inspect any such mines or Avorks in manner aforesaid, every person so offending shall for every sucdi refusal forfeit to the Constructing Authority a sum not exceeding tAventy pounds.

I f mines improperly

•worked the Con

122. I f it appear that any such mines haA'e been AA'orked con

structing Authority	trary to the provisions of this Act, the Constructing ^luthority may, if
may require means
to he ado])ted for tlie	such Authority think tit, giÂ e notice to the OAvner, lessee or occupier
safety of the railway.	thereof to construct such Avorks and to adojAt such means as may be

Vic. c. 20 3. 85.

necessary or proper for making safe the authorized Avork and preA'enting injury thereto. And if, after such notice, any such OAAmcr, lessee or occupier do not fortiiAvit h proceed to construct tlic Avorks necessary for making safe such authorized Avork, the Constructing Authority may himself construct such AAorks and rccoÂ er the expense theriiof from such owner, lessee or occupier, by action in the Supreme Court.

s c h e d u l e s .

FIEST SCHEDULE.

I, A.B., do solemnly nnd sincerely promise and declare, tliat, a e e o r d i n f r to tlio best of my skill and ability, I will faitbfidly, impartially, and truly execute tlie office and perform the duties of a Member of the Parliamentary Standing Committee on Public Works.

{Siffned)

A.B.

SECOND SCHEDULE.

(A.)

To tho Sheriff of New South Wales, his Deputy and all Officers of the Police Porce of

the said Colony, and to tho Keeper of the Gaol at

These are to command you the said Sheriff and all Officers as aforesaid, to apprehend A.B., and to convey him to tho said gaol, and to deliver him to the said Keeper thereof together with this warrant ; and you the said Keeper are hereby required to receive him into your custody in the said gaol, and him there safely to keep for tho term of [or unless the sum of shall be

sooner paid], I tho undersigned

of the

(or

) having now

hero adjudged the said A.B. [to pay a fine of

, and in default of immediate

payment thereof] to bo imjirisoncd for tho said term, for that ho tho said A.B.

[Here staie the offence to the following effect as the case may reqidre.~\

That A.B. having been duly summoned as a witness, and having had his expenses paid or tendered, neglected to appear before the Parliamentary Standing Committee on Public Works, (or) that A.B. wilfully insulted tho said Committee, (or) C.D. one of the members of the said Committee, (or) that A.B. interrupted the proceedings of the said Committee, (or) that A .B. misbehaved himself before the .said Committee, (or) that A.B. having been summoned or being examined as a witness in a certain inquiry or matter

pending

1888.

5 r V IC .

N o . 37.

143

JPuhlic Works.

poiidiii" before the s:iid Committee refused to bo sworn, or to produce a certain docu ment mentioned in the summons served on him, viz., (or) that A.B. having been so summoned refused to be sw(n'u or to make a solemn declaration pursuant to tho “ Public AV'orks Act of 1888,” (or) that A.B. was guilty of prevarication in his evidence or refused to answer a certain lawful question.

Given under mv hand thi.s

day ot

C.D.,

Chairman (or A'iec-Chairman) of tlu! Parliamentary

(Standing Committee on Public AVorks.

(B.)

Form o f IVarrant.

I l l the matter of tho “ Public Works Act of 1888”

and

To the Sherilf of Now South AP.ales, his De|>uty and Assistants, ami to all Officers of

tho Police I'kircc of the said Colony.

AViiki!E.\s pursuant to the provisions of sub-.sedion ( / ) of section 10 of tho said Act it has this day been jiroved to me that of has been duly summoned to attend and give evidence before the Parliamentary Standing Committee on Public AVorks ]mrsuant to the “ Public AVorks Act of 1888,” but has failed to appear.

This is to require you forthwith to apprehend the said

, and to detain him

in custody and bring him heforo tho said Committee to give evidence.

Given under my hand and seal at

aforesaid, this

day of

in the year of our Lord one thousand eight hundred and

A.B.,

Chairman (or A^ice-Chairman) of tho said Committee.

THIRD SCHEDULE.

Form o f Coiirri/aiicc.

I of in consideration of the sum of paid to me (or a.s tho case may b i‘) into the hands of the Alaster in Equity of the Supremo Court or to

and

two trustees appointed to receive the same

pursuant to tho “ Public Works Act of 1S8S” by the (here name the GonstructuKi Autliorilf\ do hereby convey to tho said Constructing Authority his successors and assigns for and on behalf of Her Alajcsty. All, &c. (descrihinq the premises to he conveyed^, together with all ways, rights and appurtenances thereto belonging and all such estate, right, title and interest in and to tho same as I am or shall become seized or possessed of or am by the said Act empowered to convey, to hold tho prcmi.ses to the said Constructing Authority his successors and assigns for ever according to tho true intent and meaning of the said Act.

In witness whereof I have hereunto set my hand and seal the

in tho year of our Lord

EOURITI SCHEDULE.

(A.)

Notice o f cl dm and ahstraef.

To the [here name the Conslructing Authority^]

Ix pursuance of the “ Public AVorks Act of 1888” I of (or we) hereby give 3’ou notice that I (or we) claim compensation in respect of tho land hereunder described which has been taken under the said Act. Tho amount of such claim and other the particular.s required by the said Act .are stated in tho subjoined abstract. [Tf the claim is not fo r land taken this form may he modified in accordance %mih the nature of the claim.']

Abstract.

N am es of persona

N am es am i

P a r tic u la r s

Q u it

ren ts

N am es t>f o ccu p ie rs,

D a te s

an d

havin* ' th e

c u s to d y

tlcscriptioM.s of

c la im ,

sp ccify iu ”’

S itu a tio n

])ayahle if leasc-

•

d istiny 'iii.sh in j'

o th e r s h o r t

of d o c u m e n ts an d

p a r l ie s

t la in iiii”- anti

se p a ra te ly

th e

a n d

lio ld ,

n am e of

w h e th e r

te iian ts -a t-

p a rt ic u la rs

p lace o r

p laces w h ere

n a tu re intertf-its,

of t h r i r

a m o u n t

c la im ed

tlc sc rip tio n

lan d lo rtl,

te rm

w ill

o r

u n d e r lease ,

d o c u

tlie sam e m ay he in

w lic th u r

fo r

v a lu e of

p ro p e r ty .

of lease, am i

r e n t

rese rv ed ,

m e n ts of

sp ec ted ,

a n d

n am e of

t e n a n ts fo r life,

p ro p e r ty

a n d

fo r

r e n t

reserved .

te rm s ,

tie .

t it le .

c la im a n t’s

so lic ito r

ta i l ,

o r

o th erw ise .

coni])ensation .

o r

a g en t.

(Sif/nature')

(Address)

(Date)

(B .)

N o. 37.

5 r VIC.

1888.

T u h lic

TForks.

(B.)

Koticc o f Valuation.

To A. B., claimant in rcsi:iect of tlio land hereunder described, taken under rhe “ Public

Works Act of 1SS8.”

T axk notice that the land hereunder described, being that in respect of the taking whereof, under tho authority of the aforesaid Act, your claim for compensation lodged has been valued at the sum of £

A.B. (Constructing Authority.)

Description of land or dannge in respect of which claim has been made.

Ann that piece or parcel of land, &e., &c.

* Forms (A) and (I!) in tin's Schedule, modified to suit tlie circiimstanecs of the ease, may be used in rcsiiect of lands taken or acquired under Part I I of tlio Act aforesaid.

P IF T II

SCHEDULE,

“ PU BLIC W ORKS ACT O F 1888.”

Off'er and particulars o f claim icliere land is talcen for Hailwai/ or Tramwajj purposes.

I liKiiETiY offer to acc(‘pt from the Construcling .\nthority as purchase money for tho

land (including buildings and fences erected thereon) of which .1 anU

delineated on the tracing ]dan attached to tho notice of land taken, and numbered

, which 1 hereby acknowledge to have received, containing

acres

roods and	perches, more or less, and as comjicnsation for damage by severance, by
tho	, or otherwise caused by the execution of the works, as particularly set

forth in the subjoined Schedule of Claim, the sum of .6	, which sum I declare
to be my full claim in respect of the matters aforesaid.

Dated this

day of

ISS

[A7/me and Address o f Claimanti]

To tho Constructing Authority, Sydney.

Schedule o f Claim.

R eferen ce

Xo.

A rea.

C h a ra c te r.

E s t im a te d

V alue.

T o ta l

V alue.

£ 8. d.

Building

...

P e r acre £

or per foot £

£	.............................

h i

M ineral......

„

...........................

n1	N a tu re a n d	D esc rip tio n	of	Im p ro v e m e n ts ta k e n .
a g

Fences ..........

Other improvements.

Damage h j severance or otlierwise

Total amount of Claim........... ................................£i

\_Signafure o f Claimant.^

* (1) " th e owner in fee simple,”

(2) “ the owner of an estate for life,” (3) “ mortgagee with power of sale,”

(4)

" I Imve a IcasehoUl interest for

Tears,”

(t/,9 the case mail Ic').

N o t e .—This form varied,so as to suit tlie juirticulnr circiimstaiifes of tlic e:ise,mav be used for land

taken fur Pailvvay or Tramway purposes.