Railway Clauses Act 1847 (SA)

No. 7.

OBDINANCE enuclcd Zy the Governor of South AastrmZin, zuitl~ thc advice albd

consent of the Legistatice C'ot~nciZ thereof,

To cotzsolidate in one Ordinamce cerlain provisions usually insert~d

.in Acts authorisiny the making fl Railways.

HEREAS it is expedient to comprise in one general Act or Preamble.

Ordinance sundry provisions usually insertcd in Acts authorizing the constmction of Railways, and that as well for t,he purpose of avoiding the necessity of repeating such provisions in

each of the several Ordinances relating to such undertakings, as for

ensuring greatcr uniformity in the provisions themselves: And whereas an Ordinance is now pending for consolidating certain pro- visions usually inserted in Acts authorizing the taking of lands for undertakingsWof a public nature, and which is intcnded to be called

" The Lands Clauses Consolidation Ordinance: "

Be it therefore Enacted, by the Governor of South Australia,

with the advice and consent of the Legislative Council thereof:

That this Ordinance shall apply to every railway which shall, by Ordinance toanply to	any Ordinance hereafter to be passed, bc authorized to be con- taking. all Railway under
strutted, and this Ordinance shall be incorporated thercwith; and all the clauses and provisions hereof, save so far as they shall be ex- pressly varied or excepted hy any such Ordinance, shall apply to
the undertaking authorized thereby, so far as the same shall be
applicable to such undertaking, and shall, as well as the clauses and pr6visions of every other 0;dinance which shall be incorporated therewith, form part of such Ordinance, and be construed together therewith, as forming one Act:

A And

Interpretations, And with respect to the construction hcrcof, and of other Ordi-

nances to be incorporated therewith-Be it Enacted as follows:

11, The expression Act " used herein shall be construed to mean

Ordinance enacted by thc Governor of South Australia, with the advice and consent of the Legislative Council thereof; the expres- sion " the Special Act " used in this Act, .shall bc constrlxcd to mean any Act which shall bc hereafter passed authorizing the construc- tion of a Railway, and with which this Act shall be so incorporated as aforesaid; and the word prescribed " uscd in this Act in refer- ence to any matter hcrein stated, shall be construed to refer to such matter as the same shall be prescribed or provided for in the Special Act; and the sentence in which such word shall occur shall be construed as if, instead of the word prescribed," the expression

prescribed for that purpose in the Special Act " had been used; and the expression C L the lands" shall mean the lands which shall by the Special Act be authorized to be taken or used for the pur- poses thereof; and the expression the undertaking " shall mean

the Railway and works of	whatever description, by the Special Act
authorized to be cxecuted.

Interpmhtionhtthis

and the Special Acts. 111. The following words and expressions, both in this and the Special Act, shall have the meanings hereby assigned to them, unlcss there be something in the, subject or context repugnant to such construction, that is to say-

Words importing the singular number only shall include the plural number; and words importing the plural number only shall include also the singular numbcr.

Words importing the masculine gender only shall include

females.

The word Lands " shall include messauges, lands, tenements,

and hereditaments of any tenure.

The word G Lcasc " shall include an agreement for a lease.

The word " Toll " shall include any rate or charge or other paymcnt payable under the Special Act for any passenger, animal, carriage, goods, merchandize, articles, rnattcrs, or things conveyed on the Railway.

The word " Goods " shall include things of every kind convcyed

upon the Railway.

The word '' Month " shall mean calendar month.

The expression " Superior Courts " shall mean the Supreme or

Superior Courts of Record in the Province.

The word " Oath " shall include affirmation in the case of Quakers, or other declaration lawfully substituted for an oath in the case of any other persons exemptcd by law from the necessity of taking an oath.

Where

Where, under the provisions of this or the Special Act, any notice shall be required to be given to the owner of any lands, or where any /4ct shall be authorised or requircd to be clone with the conseut of any such owner, the word

C L Owner " shall be understood to mean any person or cor-

poration who, under the provisions of this or the Special Act, or any Act incorporated therewith, would bc enabled to scll and convey lands to the Company.

The expression the Company" shall mean the company oy

party which shall be authorized by the Special Act to con-

stuct the Railway.

The expression 'L the Railway" shall mean the Railway and works

by the Special Act authorized to be constructed.

The expression K the Bank" shall mean any Chartered Bank.

The expression Turnpike Road" shall include all main lines

of communication, and all ways which the Surveyor-

General shall consider to bc roads.

TV. And bc it Enacted, That in citing this Act in other Acts of Council, aid in legal instruments, it shall be sufficient to use the Short tit10 of the ~ c t.

expression The Railways Clauses Consolidation Act."

V. And whereas it may be convenient, in some cases, to incor- Form in which por- tions of this Act may

porate with Acts hereafter to Be passed some portion only of the C incorporcltea in

provisions of this Act: Be it tlwrcfore Enacted, That, for the purpose otherActs-

of making any such incorporation, it shall be sufficient in any such

Act to enact that the clauses of this Act with respect to the matter

so proposed to be incorporated (describing such matter as it is

clescribcd in this Act, in the words introductory to the enactment with respect to such matter), shall be incorporated with such Act; and thereupon all the clauses and provisions of this Act with respect

pressly varied or excepted by such Act, form part of such Act, and to the matter so incorporated shall, save so far as they shall be ex- such Act shall be construed as if the substancc of such clauscs arrd provisions were set forth therein with reference to the matter to which such Act shall relate.

.lnd with respect to the construction of the Railway and the C ~ 8 k u c t i 0 " Of

Railway,

works connected therewith-Be it Enacted as follows: -

VI. That in exercising the power given to the Company by the The construction of

Special Act to construct the Railway, and to take lands for that the Railway to be

to p-

purposc, the Company shall be subject to the provisions and restric- visions of this Ant

tions contained in this Act and in the said Lands Clauses Consoli- Consolidation riet.	and the Lands Clauses
dation Act; and the Company shall make to the owners and occupiers
of and all other parties interested in any lands taken or used for the
purposes of the Railway, or injuriously affccted by the construction thereof, full compensation for tbe value of the lands so taken or

used,

uscd, and for all damage sustained by such owners, occupiers, and other parties, by reason of the exercise, as regards such lands, of the powers of this or the Special Act, or any 'Act incorporated there- with, vested in the Company; and, except where otherwise provided by this or the Special Act, the amount of such compensation shall

be ascertained and determined in the manner provided by the said

Lands Clauses Consolidation Act for determining questions of com- pensation with regard to lands purchased or taken under the pro- visions thereof; and all the provisions of the said last-mentioned Act shall be applicable to determining the amount of any such com- pensation, and to enforcing the payment or other satisfaction thercof.

Emre and omia8ions

in plans to be cor-	VII. That if any omission, mis-statement, or erroneous descrip- tion shall have been made of any lands, or of the owners, lessees, or occupiers of any lands, described on thk plans or books 6f reference mentioned in the Special Act, or in the schedule to the Special Act, it shall be lawful for the Company, after giving ten days' notice to the owners of the lands affected by such proposed correction, to apply to two Justices for the correction thereof; and if it shall appear to such Justices that such omission, mis-statement, or erroneous description arose from mistake, they shall certify the same accordingly, and they shall in such certificate state the particulars of any such omission, and in what rcspcct any such matter shall have been mis- stated or erroneously described; and such certificate shall be de- posited in the office of the Surveyor-General along with thc other documents to which thcy relate; and thereupon such plan, book of reference, or schedule, shall be deemed to be corrected according to such certificate; and it shall be lawful for thc Company to make-the
rected.
works in accordance with such certificate,

ceded with until VIII. That it shall not bc lawful for the Company to proceed in to be pro-

plans of a11 altemtim the execution of the Railway, unless they shall have, previously to

Legislature have been	authOnzedbytbe the commencement of such work, deposited in the office of the
deposited. Sur~eyor~Gencral a plan and section of all such alterations from

thc o&$nal plan andAsection as shall have been approved of by the

Legislature, on the same scale and containing the same particulars	as the original plan and section of the Railway, and shall also have
deposited in the office of the Surveyor-General, copies or extracts
of or from such plana and sections.

receive plans of IX. That the Surveyor-General shall receive the said plans and	Surveyor-General to
inqection. and shall retain the same, as well as the said original plans and dterations, and d o w sections of alterations, and copies and extracts thercof respectively,

sections, and shall permit all persons interested to inspect any of the documents aforesaid, and to make copics and extracts of and - from the same.

Copies of plans, &C.,	X. That true copies of	the said plans and books of	reference, or
t d be evidence.

of any alteration or correction thereof, or extract therefrorn, certified by any such Surveyor-General, which certificate such Surveyor- General shull give to all parties interested when required, shall be

received

received in all Courts of Justice or elsewhere as evidence of the comtruc& of

contents thereof. Railway.

XI. That in making thc Railway, it shall not be lawful for the Limiting deviation from datum line

Company to deviate from the levels of the Railway, as referred to described on sections,

the common datum line described in the section ipproved of by the 'c- and 'as marked on the same, to any extent exceeding in any place five feet, or, in passing through a town, village, street, or land con- tinuously built upon, two feet, without the previous consent in writing of the owners and occupiers of the land in which such deviation is intended to be made; or in case any street or public highway shall be affected by such deviation, then the same shall not be made without the like consent of the Trustces or Commis- sioners having the control of such street or public highway; or, if there be no such Trustees or Commissioners, without the like con- sent of two or more Justices of the Peace in Quarter Sessions assembled for that purpose, and acting for the district in which such street or public highway may be situated; or without the like con- sent of the Commissioners for any public sewers, or the proprietors of any canal, navigation, gas works, or water works affected by

such deviation: Provided always, that it shall bc lawful for the Proviso.

Company to deviate from the said levels to a further extent without such consent as aforesaid, by lowering solid embankments or via- ducts, provided that the requisite height of headway as, prescribed by the Legislature be left for marts, streets, or canals passing under

the same: Provided also, that notice of every Quarter Sessions to Proviso.

be holden for the purpose of obtaining such consent of two Justices as is hcreinbefore required, shall, fburteen days previous to the holdiilg of such Quarter Sessions, be given in some newspaper cir- culating in the Province, and also to be affixed upon the door of the Post Office near& to the place where such deviation or alteration is intended to be made; or if there be no Post Office, some other place to which noticcs are usually affixed,

XII. That before it shall be lawful for the Company to make P u ~ ~ c to be given previoua to

any greater deviation from the level than five feet, or in any town, making g~rtter

village, street, or land continuously built upon, two feet, after

having obtained such consent as aforesaid, it shall be incumbent on

the Company to give notice of such intended deviation by public

advertisement, inserted once at least in two newspapers, or twice at

least in one newspaper circulating in the Province, three weeks at

least before commencing to make such deviation; and it shall be Power to the

lawful for the owner of any lands prejudicially affeetcd thereby, at of appeal adjoining to the lands GO- to

any time before the commencement of the making of such deviation, vernor against such

to apply to the Governor, after giving ten days' notice to the Corn- deviations.

pany, t o decide whether, having regard to the interests of such

applicants, such proposed deviation is proper to be made; and i t

shall be lawful for the Governor, if he think fit, to decide such

question accordingly, and by his certificate in writing either to dis-

allow the making of such deviation, or to authorize the making

thereof,

tonstruction af thereof, either simply or with any such modification as shall seem

Raizway* proper to the Governor; and after any such certificate shall have been given by the Governor, i t shall not be lawful for the Company to make such deviation, except in conformity with such certificate.

Archesttunnels?

to be made as marked	XIII. That where in any place it is intended to carry the Rail- plan or section, the same shall be made accordingly; and where a tunnel is marked on the said plan or section as intended to be made at anv place, the same shall be madc accordingly, unless the owners, lessees, and occupiers of the land in which such tunnel is intended to be made shall consent that the same shall not be so made,
on deposited plans.	way on an arch or arches, or othcr viaduct, as marked on the said
Limiting deviations
from gradients,	XIV. That it shall not be lawful for the Company to deviate from or alter the gradients, curves, tunnels, or other engineering works described in the said plan or section, except within the fol- lowing limits and under the following conditions, that is to say-
curves, &C.

Subject to the above provisions in regard to altering lcvels, it shall be lawful for the Company to diminish the inclina- tion or gradients of the Xailway to any extent, and to increase the said inclination or gradicnts as follows, that is to say-in gradients of an inclinatior~ not exceeding one in a hundred, to any extent not exceeding ten feet per mile, or to any further extent which shall be certified by the Governor to be consistent with the public safety, and not prejudicial to the public interest; and in gradients of or exceeding the. inclination of one in a hundred to any extent not exceeding three feet per mile, or to any further extent which shall be so certified by the Governor as aforesaid,

It shall be lawful for the Company to diminish the radius of any curve described in the said plan to any extent which shall leave a radius of not less than half a mile, or to any	further extent authorised by such certificate as aforesaid
from the Governor.

I t shall be lawful for the Company to make a tunnel, not marked on the said plan or section, instead of a cutting; or a viaduct, instead of a solid embankment, if authorized by such certificate as afbresaid from thc Govcrnor.

Lateral aeviations,

XV. That it shall be lawful for the Company to deviate from the line delineated on the plans so deposited, providcd that no such deviation shall extend to a greater distance than the limits of devi- ation delineated upon the said plans, nor to a greater extent in passing through a town, village, or lands continuously built upon, than ten yards, or elsewhere to a greater extent than one hundred yards fro& the said line; and that the Railway, by means of such deviation, be not made to extend into the lands of any person, whether owner, lessee, or occupier, whose name is not mentioned

in the books of reference, without the previous consent in writing

of

of such person, unless the name of such person shall have been Construct;on of

omitted by mistake, and the fact that such omission proceeded from	Baizway.
mistake shall have been certified in manner herein or in the S~ecial of reference.

XVI. That subject to the provisions and restrictions in this and Workstobe executed.

the Special Act, and any Act incorporated therewith, i t shall be lawful for the Company, for the purpose of constructing the Rail-

way, or the accommodation works connected therewith, hereinafter

mentioned, to execute any of the following works, that is to say-

They may make or construct in, upon, across, under, or over Inclincdplains, &c.

any lands, or any streets, hills, valleys, roads, rltilroads, or tramroads, rivers, canals, brooks, streams, or other waters, within the lands described in the said plans, or mentioned in the said books of reference, or any correction thereof, such temporary or permanent inclined planes, tunnels, embankments, aqucducts, bridges, roads, ways, passages, conduits, drains, piers, arches, cuttings, and fences, as they think proper;

They may alter the course of any rivers not navigable, brooks, Alteration of courso

streams, or watercourses, and of any branches of navigable of rivers, &c.

rivers, such branches not being themselves navigable, within such lands, for the purpose of constructing and maintaining tunnels, bridges, passages, or other works over or under the same, and divert or alter, as well tem- porarily as permanently, the coqrse of any such rivers or streams of water, roads, streets, or ways, or raise or sink the level of any such rivers or streams, roads, streets, or ways, in order the more conveniently to carry the same over, or under, or by the side of t,he Railway, as they may think proper;

They may make drains or conduits into, through, or under any Draine, &c.

lands adjoining the Railway, for the purpose of conveying

water from or to the Railway;

r 7

lhey may crect and construct such houses, warehouses, offices, Warehouses, &c.

and other buildings, yards, stations, wharfs, engines, ma- chinery, apparatus, and other works and conveniences as t h y think proper;

They may from time to time alter, repair or discontinue the Alterationsandre- pam.

beforc-mentioned works, or any of them, and substitute

others in their stead; and

They may do all other acts necessary for making, maintaining, Genenlpower.

altering, or repairing, and using the Railway:

Providcd always, that in exercise of the powers by this or the PrwisowitMamages.

Special Act granted, the Company shall do as little damage as can be, and shall make full satisfaction, in manner herein and in the

Special

Construction of Special Act, and any Act incorporate therewith provided, to all

Raidway.

parties interested, for all damage by them sustained by reason of the

exercise of such powers.

Works below high-

water mark not to be XVII. That it shall not be lawful for the Company to construct navigable river communicating therewith, where and so far up the same as the tide flows and re-flows, any work, or to construct any railway or bridge across any creek, bay, arm of the sca, or navigable river, where and so far up the same as the tide flows and re-flows, without the previous consent of Her Majesty, Her heirs and suc- cessors, to be signified in writing under the hand of the Governor, and then only according to such plan and under such restrictions and regulations as the said Governor may approve of, such approval being signified as last aforesaid; and where any such work, railway, or bridge shall have been constructed, it shall not be lawful for the Company at any time to alter or extend the same without obtaining, previously t o making any such alter ation or extension, the like consents or approvals; and if any such work, railway, or bridge shall be commenced or completed contrary to the provisions of this Act, it shall be lawful for the said Governor to abate and remove the same, and to restore the site thereof to its former condition, at the cost and charge of the Company; and the amount thereof may be recovered in the same manner as a penalty is recoverable against the Company.

exeauted without the	on the shore of th'e sea, or of any creek, bay, arm of the sea, or
conaent of the Go-
vmor.
Alteration of water	XVIII. That it shall be lawful for the Company, for the purpose of constructing the Railway, to raise, sink, or otherwise alter the position of any of the watercourses, water-pipes, or gas-pipes be- longing to any of the ho~~ses adjoining or near to the Railway, and also the mains and other pipcs laid down by any Company or Society who may furnish the inhabitants of such houses or places with water or gas, and also to remove all other obstructions to such construction, so as the same respectively be done with as little detriment and in-
and gss-pipes.
convenience to such Company, Society, or inhabitants as the circum- stances will admit, and be done under the superintendence of the
Company to which such watcr-pipes or gas-pipes belong, and of the several Commissioners or Trustees or persons having control of the pavements, sewers, roads, streets, highways, lanes, and other public passages and places within the district where such mains, pipes, or obstructions shall be situate, or of their Surveyor, if they or he think fit to attend after receiving not less than forty-eight hours' notice for that purpose.
Company not to &-
t u b pipes until they	XIX. Provided always, 'Chat it shall not be lawful for the Com- pany to remove .or displace any of the mains or pipes (other than private service pipes), syphons, plugs, or other works belonging to any such Company or Society, or to do anything to impede the passage of water or gas into or through such mains or pipes, until good arid sufficient mains or pipes, syphons, plugs, and all other works neces- sary or proper for continuing the supply of water or gas as suffi-
have Idd down others.

ciently

C m i ~ & w of

ciently as the same was supplied by the mains or pipes proposed to

be removed or displaced, shall, at the expense of the Company, have

Railway.

been first n~acie and laid down in lieu thereof, and be ready for use, in a position as littlc varying from that of the pipes or mains pro- posed to be removed or displaced as may be consistent with the construction of the Railway, and to the satisfaction of the Surveyor or Engineer of such Water or Gas Compmy or Society, or in casc of disagreement between such Surveyor or Engineer and the Com- pany, as a Justice shall direct.

XX. That it shall not be lawful for the Company to lay d ~ w n any such pipes contrary to the regulations of any Ordinance relating Ordinance, and	Pipes not to be laid
down contrary to any

to such Water or Gas Company or Society, or to cause any road t o eighteen inches SW- face road to be re-

be lowered for the purposes of the Railway, without leaving a tained.

covering of not less than eighteen inches from the surface of the

road over such mains or pipes.

XXI. That the Company shall make good all damage done to Company tomake

the property of the Water or Gas Company or Society, by the mod 'l1 damags. supplied by thcm with water.

disturbance thereof, and shall make full compensation to all parties

for any loss or damage which they may sustain by reason of any

interference with the mains, pipes, or works of such Water or Gas

XXII. That if i t shall be necessary to construct the Railway or TVhenRailwaycroases

any of the works over any mains or pipes of any such Water or ~ ~ ~ f ~ ~ ~ ~ ~ [ "	Gas Company or Society, the Company shall, at their own expense,
construct and maintain a good and sufficient culvert over such main or pipe, so as to leave the same accessible for the purpose of repair S.

XXIII. That if by any such operations as aforesaid, the Corn- Penalty for obstruct-

pany shdl interrupt the supply of any water or gas, they shall '"g water. L U ~ ~ l ~ Of gas Or

forfeit Twenty Pounds for every day that such supply shall be so

interrupted.

XXIV. That if any person wilfully obstruct any person acting Penalty for

under the authority of the Company in the lawful exercise of their ing construction of	flailway.
power, in setting out; the line of the Railway, or pull up or remove
any poles or stakes driven into the ground for the purpose of so
setting out the line of the Railway, or deface or destroy any marks made for the same purpose, hc shall forfeit a sum not cxcceding Five Pounds for every such offence.

And with respect to the temporary occupation of lands near the T,,~,,,,~ use g

Railway during the construction thereof-Be it Enacted as follows: Lands.

XXV. That;, subject to the provisions herein and in the Special Company may occupy temporarily private

Act contained, it shall	be bawful for the Company, at any time roads w-ithin flvc bun-
before the expiration of	the period by the Special Act limited for h e a ~ a r a s o f theb i l -

n thc Way'

~ ~ f l r p r r r a r ~ of the completion of thc itailway, to euter upon and use any existing

, Lands. private road, being a road gravelled or formed with stones or other hard materials, and not being an avenue or a planted or ornamental road, or an approach to any mansion-house within the prescxibed limits, if any; or, if no limits be prcscribcd, not bcing more than five hundred yards distant from the centre of the Railway as de- lineated on the plans; but before the Company shall enter upon or use any such existing road, they shall give three weeks' notice of their intention to the owners and occupiers of such road, and of the lands over which the same shall pass, and shall in such notice state the time during which, and the purposes for which, they intend to occupy such road, and shall pay to the owners and occu- piers of such road, and of the lands through which the same shall pass, such compensation for the use and occupation of such road, either in a gross sum of money, or by half-yearly instalments, as shall be agreed upon betcvecn such owners and occupicrs rcspectively and the Company; or in case they differ about the compensation, the same shall be settled by two Justices, in the same manner as any compensation not exceeding Fifty Pounds is directed to be settled by thc said Lands Clauses Consolidation Act.

Power toowners and

occupiers of road and XXVI. That it shall bc lawful for the owners and occupiers of

ima to object that any such road, and of the lands over which the same passes, within

other roads	be ten days after the service of	the aforesaid notice, by notice in writing
taken.

to the Company, to object to the Company making use of such road, on the ground that other roads, such as the Company are hereinbefore authorized to use for the purposes aforesaid, or that some public road, would be more fitting to be used for the same; and, upon the objection being so made, such proceedingsL may be had as are hereinafter mentioned with respect to lands temporarily occupied by-the Company, in respect of which three weeks' notice is hereinafter required to be given, and in the same manner as if in the provisions relative to such proceedings the word road or roads, or the words road and the land over which the same passes, as the

word lands. case may require, had been substituted in such provisions for the

Power to take tempo- XXVII. That subjcct to the provisions herein and in the Special before the expiration of the period by the Special Act limited for the completion of the Railway, without making any previous pay- ment, tender, or deposit, to enter upon any lands within the pre- scribed limits; or if no limits be prescribed, not being more than two hundred yards distant from the centre of the Eailway as de- hea ted in the plans, and not being a garden, orchard, or planta- tion attached or belonging to a house, nor a park, planted walk, avenuc, or ground ornamentally planted, and not being nearer to the mansion-house of the owner of any such lands than the pre- scribed distance; or if no distance be prescribed, then not nearer than five hundred yards therefrom, and to occupy the said lands so long as may be necessary for thc construction or repair of that

m y poascssion of land A

t o u p r e o p a y	ct contained, it shall be lawful for the Company, at any time
rnent of price.

portion

portion of the Railway, or of the accommodation-works connected T ~ w ~ * ~ ~ Y of

therewith, hereinafter mentioned, and to use the same for any of the	Lands.
following purposes, that is to say-

For the purpose of talcing earth or soil by side cuttings there-

from;

For the purpose of depositing spoil thereon;

For the purpose of obtaining materials therefrom for the con-

struction and repair of the Railway, or such accommoda-

tion-works as aforesaid; or

For the purpose of forming roads thereon to, or from, or by

the side of the R,ailway:

And in cxercise of the powers aforesaid, it shall be lawful for the Company to deposit, and also to manufacture and work upon such lands, materials of every Bind used in constructing the Railway, and also to dig and take from out of any such lands any clay, stone, gravel, sand, or other things that may be found therein useful or proper for constructing the Railway or any such roads as aforesaid; and for the purposes aforesaid to erect thereon workshops, sheds,

and other buildings of a temporary nature: Provided always, that Pro~riso.

nothing in this Act contained shall exempt the Company from an action for nuisance or othcr injury, if any done, in the exercise of the powc~s hereinbefore given, to the lands or habitations of any party other than the party whose lands shall be so taken or used for any of the purposes aforesaid: Provided also, that no stonc or slate- Proviso-

quarry, brick-field, or other lilrc place which, at the time of the passing of the Special Act, shall be commouly worked or used for getting materials therefrom for the purpose of selling or disposing of the same, shall be taken or used by the Compny, eithcr wholly or in part, for any of the purposes lastly hcreinbefore mentioned.

XXVIII. That in case any such lands shall be rcquired for spoil cornran7 to give notice previous t o

banks or for side cuttings, or for obtaining materials for the con- such temporary

struction or repair of the Railway, the Company shall, before entering aesslon-

thereon (except in the casc of accidcnt to the Railway requiring

immediate reparation) give three wceks' noticc in writing to the

owners and occupiers of such lands of their intention to enter upon

the same for such purposes; and in case the said lands are rcquired

for any of the other purposes hereinbefore mentioned, the Company

shall (except in the cases aforesaid) give ten days' like notice thereof,

and the Company shall in such notices respectively state the sub-

stance of the provisions hereinafter contained respecting the right of

such owner or occupier to require the Company to purchase any such

lands, or to receive compensation for the tcrnporary occupation

thereof, as thc case may be.

XXIX. That the said notice shall either be served personally on Service of notic~s on ownere and occupier^

such owners and occupiers, or left at their last usual place of abodc, if

of l,d,,

any such can, after diligent enquiry, be found; and in case any such

owner

Temporary of owner shall be absent from the Province, or cannot be found after

Lands. diligent enquiry, shall also be left with the occupier of such lands; or if there be no such occupier, shall be affixed upon some con- spicuous part of such lands.

Power to owner to

object that other lands	XXX. That in any case in which a notice of three weeks is here- inbefore required to be given, it shall be lawful for the owner or occupier of the lands theFein referred to, within ten days after the service of such notice, by notice in writing to the Company, to object to the Company making use of such lands, either on the ground that the lands proposed to be taken for the purposes aforesaid, or some part thereof, or of the materials contained therein, are essential to be retained by such ower, in order to the beneficial enjoyment of other neighboring lands belonging to him, or on the ground that other lands lying contiguous or near to those proposed to be taken would be more fitting to be used for such purpose by the Company; and upon objcction being so made, such proceedings may be had as hcrc- inaf ter mentioned.
ought to be taken.
rower totwo Justices

to order that the XXXI. That if the objection so made be on the ground that the

lands and materials lands proposed to be taken, or some part thereof, or of tllc materials

not be taken,	contained thcrcin, arc essential to be rctained by thc owncr in ordclr to the beneficial enjoyment of other neighboring lands belonging to him, it shall be lawful for any Justice, on the application of such owncr, to summon thc Company to appear before two Justiccs at a time and place to be named in the summons, such time not being later than the expiration of the said twenty-one Bays' notice; and on the appearance of the Company, or, in their absence, upon proof of due service of the summons, it shall be lawful for such Justices to enquire into the truth of such ground of objection; and if it appear to such Justices that for some special reas&, to be stated in the order a f t~r -
mentioned, the lands so proposed to be taken, or any part thereof, or of the materials contained therein, are essential to be retained by the owner. of such lands in order to the beneficial errjoyment of other neighboring lands belonging to him, and ought not therefore to be taken or used by the Company, it shall be lawful for such Justices,
by writing under their hands, to order that the lands so proposed to be taken, or some part thereof, or of the materials contained therein, to be specified in such order, shall not be taken or used by the Corn- pany; and after service of such order on the Company, it shall not be lawful for them to talre or use, without the previous consent in writing of the owner thereof, any of the lands or materials which by such order they are clrdered not to talre or use.

Power to Justices to

order other lands

XXXII. That if the objection so made as aforesaid be on the ground that other lands lying contiguous to those proposed to be taken, and being sufficient in quantity and such as the Company are hereinbefore authorized to use for the purposes aforesaid, would he more fitting to be used by the Company; and if in such case the Company shail refuse to occupy such other lands in lieu of those mentioned in the notice, it shall be lawful for any Justice, on the

to be taken.

application

application of such owner or ocnlpier, to summon the Company and T ~ ~ P O ~ W of

the owners and occupiers of such other lands to appear before two

Lands.

Justices at a time and place to be named in such summons, such time not being more than fourtcen days after such applica,tion, nor lcss than seven days from the service of such summons; and on the appearance of the parties, or, in the absence of any of them, on proof of clue service of the summons, i t shall be lawful for such Justices to determine surnmarily which of the said lands shall be used by the Company for the purposes aforesaid, and to authorize the Company to occupy and use thc same accordingly.

XXXIII, That if in the case last-mentioned it shall appear to Power to summon t o t h e other Jllsticee

them.

such Justices, npon the enquiry before them, that the lands of any owner, before moned as aforesaid, it shall be lawful for the said Justices to adjourn such enquiry: and to summon such other person to appcar before them at any time, not being more than fourtcen days from such enquiry, nor less than seven days from the service of such summons; and on thc appearance of the parties, or, in the absencc of m y of them, on proof of dtle service of the summons, it shall be lawful for such Justices to determine finally which lands shall be used for the purposes aforesaid, and to autlivrize thc Clornpany to occupy and use the same accordingly.

other party not summoned before them, being sufficient in quantity,

and such as the Company aria hercinbefore authorized to take or use

for the purposes aforesaid, would be morc fitting to be used by the

XXXIV. That, befox entering, tmder the provisions hereinbefore The C o n l ~ ~ n y. t ~

contained, upon any such lands as shall be requirccl for spoil banks quired.	gwe surehes, I€ re-
or for side-cuttings, or for obtaining materials or for forming roads as aforesaid, the Company shall, if requirccl by the owner or occupier thereof, sew1 days at least beforc the expiration of the notice to take such lands as hereinbefore mentioned, find two sxfficient per- sons to be approved of by a Justice, in case the parties differ, who
shall enter into a bond to such owmr or occupier, in a penalty of	such amount as shall be approved of by such Justice, in case the
parties differ, conditioned for the payment of such compensation as may become payablc in respect of the same in manner herein men* tioned.

XXXV. That before the Company shall use m y such lands for Company to separat~

any of the purposes aforesaid, they shall, if required so to do by the them.

the lands before using

owner or occupier thereof, separatc the same by a sufficicnt fknce from the lands adjoining tllereio, with such gates ss may be required by the said owner or occupier for the convenient occupation of such lands, and shall also, to all privatc roads used hy them as aforesaid, put up fences and gates in like manner, in a11 cases where the same may be necessary to prevent the straying of cattle from'or upon the lands traversed by such roads; and in case of any difference between the owners or occupiers of such roads and lands and the Company as to the necessity for such fknces and gates, such fences and gates

Tsmporary use of as any two Magistrates shall dccm necessary for the purposes aforc-

Lands.	said, on application being made to them in like manner as herein-
before is provided in respect to the usc of such roads.

Lands taken for	XXXVI.	That if any land shall be taken or used by the Company,
getting materials, &c,,

to be worked as the	under the provisions of this or thc Special Act, for the purpose of
smeyorOf Owner
may di~cct.	getting materials thcrcfrom for the constructiori or repair of tho Railway, or the accommodation works connected therewith, they shall work the same in such manner as the Swveyor or Agent of the owncr of such land shall direct; or, ill case of disagreement betwccn such Surveyor or Agent and the Company, in such manner as any Justice shall direct, on the application of either party, after notice of the hcaring the application slmll haw been given to the otlicr party.
'compel Company to

Owners of ~snds may XXXVII. That in all cases in which the Conlpany shall, in exer-

cise of the powers aforesd, enter upon any lands for the purpose of

purchase lands 50

temporarily occupied. making spoil banks or side-cuttings thcrcon, or for obtaining there-

from materials for the construction or repair of the Railway, it shall be lawful for the owners or occupiers of' such lands, or partics having such estates or interests therein as, under the provisions in the sdid Lands Clauses Consolidation Act mentioned, would enahle thcm to sell or convey lands to the Company, at any timc during the posses- sion of any such lands by the Company, and before such owners or occupiers shall have accepted compensation from the Company in respect of such temporr-lry occupation, to scrvc a notice in writing on the Company, requiring thcm to purchase the said lauds, or the estates and interests therein capable of being sold and conveyed by them respectively; and in such notice such owncrs or occupiers shall set forth the particulars of such their estate or interest in such lands, and the amount of their claim in respect thereof; and the Company shall thereupon be bound to p~lrchasc the said lands, or the estate and interest therein capablc of being sold and conveyed by the parties serving such notice.

Compensation to be

XXXVIII. That in any of the cases aforesaid, where the Company shall not be required to purchase such lands, and in all other cases where they shall take temporary possession of lands by virtue of the powers herein or in the Special Act granted, it shall be incumbent on the Company, within one month after their entry upon such lands, upon being required so to do, to pay to thc occupier of the said lands the value of any crop or dressing that may be thereon, as well as full compensation for any other damage of a temporary nature which he may sustain by reason of thcir so taking possession of his lands; and shall also, from time to time, during their occupation of the said lands, pay half-yearly to such occupier, or to the owner of the lands, as the case mav require, a rent, to be fixed by two Jus- tices in case the parties differ, and shall also within six months after they shall have ceased to occupy the said lands, and not later than six months after the expiration of the time by the Special Act limited for the completion of the Railway, pay to such owner or occupier, or deposit in the Bank for the benefit of all partics interested, as the

occupation.

made for temporary

case

case may require, cornpcnsation for all permanent or other loss, Temporary use of

damage, or injury that may have been sustained by them by reason	Lands.
of the exercise, as regards the said lands, of the powers therein or in the Special Act granted, including the full value of all clay, stone, gravel, sand, and other things taken from such lands.

XXXIX. That the amount and application of thc purchase- money, and other compensation payable by the Company in any of	ascertained under the
Compensation to be
Lands Clauses Act.
the cases aforesaid, shall be determined in the manner provided by the said Lands Clauses Consolidation Act, for determining the amount and application of the compensation to be paid for lands taken under the provisions thereof

XL. And be it Enacted, That it shall bc lawful for the Company, in addition to the lands au'thorizcd to be compulsorily taken by them	Lands for ad&-
tional Stations.

under the powers of this or the Special Act, to contract with any

Land to bo taken for

party willing to sell the same, for the purchase of any land adjoining

additional stations.

or near to the Railway, not exceeding in the whole the prescribed

number of acres for extraordinary purposes, that is to say-

For the purpose of making and providing additional stations, yards, wharfs, and places for the accommodation of pas- sengers, and for receiving, depositing, and loading or un- loading goods or cattle to be conveyed upon the Railway,

and for the erection of weighin g-machines, toll-houses,

offices, warchouses, and other buildings ,and conveniencies;

For the purpose of making roads or ways to the Railway, or

any other purpose which may be requisite or convenierit for

thc formation or use of the Rai1w.d~.

And with respcct to the crossing of roads or other interference therewith-BC Crossing of Roads

and coasilruction

it Enacted as follows: of 3 3 9 idges.

-

XLI. That if the line of the Railway cross any turnpike road or Cr05,9k of roads.

public highway, then (except where otha-wise provided by the Special

Act) either such road shall be carried over the Railway, or the

Railway shall be carried over such road, by means of a bridge, of the height and width, and with the ascent or descent by this or the Special Act in that behalf provided; and such bridge, with the im- mediate approaches, and all other necessary works connected thcre- with, shall be executed and at all times thereafter maintained at the expense of the Company: Provided always, that, with the consent of two or more Justices in General Quarter Sessions, as after men- tioned, it shall be lawf111 for the Company to carry the Railway across any highway, other than a public carriage road, on the level.

XLII. That if the Railway cross any turnpike road or ~ub l ic	Provision in c a m
where roads are

carriage road on a level, the Company shall erect, and at all times ,	,os,	,a	on a level,
maintain good and sufficient gates across such road, on each side of the Railway whcre the same shall communicate therewith, and shall employ proper persons to open and shut such gates -; and such

gates

~vosdng Qf Roads gates shall be kept constantly closed across such road on both

andconstruct80n sides of the Railway, except during the time when horses, cattle, of Bridges. carts, or carriages, passing along the same, shall have to cross such

Kailway; and such gates shall bc of such dinlensions and so con- structed as when closed to fence in the Railway, and prevent cattle or horses passing along the road from entering upon the Railway; and the person entrusted with thc care of such gatcs shall cause the same to be closed as soon as such horses, cattle, carts, or car- riages shall have passed through the same, under a penalty of Forty Shillings for every default thcrein: Provided alway S, that it shall be lawful for the Governor, in any case in which he is satisfied that it will be more conducive to the public safety that the gates on any level crossing over any such road should bc kept closed across the Railway, to ordcr that such gates shall be kept so closed across the Railway, instead of across the road, and in such case such gatcs shall be kept constantly closcd across thc Railway, cscept where engines or carriages passing along the Railway shall have occasion to cross such road, in the same manner a ~ d under the like pcnnlty as above directed with rcspcct to the gatcs bcing kept closed across the road

AS to crossing of	XLIII. 'I'hat whcre the Railway crosses any turnpike road on a level adjoining to a station, all trains on the ailw way shall be made
t " " p ~ c x o a ~ n d -
joining stations.
to slacken their speed before arriving at such turnpike road, and shall not cross t h i same at any rate of speed &an four miles an hour; and the Company shall be subject to all such r~zles and reg~dations, with regard to such crossings, as may from time to time bc made by the Govcrnor.
Construction of	XLIV. That er7ery bridge to be erected for the purpcrse of car- rying the Kailway over any road shall (except where otherwise provided for by the Special Act), be built in conformity with the following regulations, that is to say-
bridges over roads.

The width of the arch shall be such as to leave there~znder clear space of not less than thirty-five feet, if the arch be over a turnpike road, and of twenty-five feet, if over a public carriage road, and of twelve feet, if over a private road. a

The clear height of the arch from the surface of the road shall not bc less than sixtccn feet for it spacc of twelve feet, if the arch be over a turnpike road, and fifteen feet for a space of ten feet, if over a public carriage road; and in each of such cases the clcar hcight at the springing of the arch shall not be less than twelve het.

The clear hcight of the arch for a spacc of ninc feet shall not

be less than fourteen feet over a private carriage road.

The descent made in the road, in order to carry the same under

the bridge, shdl not be more than one foot in thirty feet

if the bridge be over a turnpike road, one foot in twenty

feet

feet if o v e ~ fcet if over a private carriage road, not being a tramroad or gBridger. a public carriage road, and one foot in sixteen Crossing of Road8 and Construction

railroad; 01. if the same be a tramroad or railroad, the --

descent shall not be greater than the prescribed rate of in-

clination; and if no rate be prescribed, the same shall not

be greatcr than as it existed at the passing of the Special

Act.

XLV. That every bridge erected for carrying any road over the Co~lstmction of

Railway shdl (except as otherwise provided by the Special Act) bc bridges over Railway

built in conformity with thc following regulations, that is to say-

Therc shall be a good and sufficient fencc on each side of the bridge of not less height than four feet, and on each side of the immediate approaches of such bridge of not less than three feet.

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

The ascent shall not be more than one foot in thirty feet if the road be a turnpike road, one foot in twenty feet if a public carriage road, and one foot in sixteen feet if a private car- riage road, not being a trarnroad or railroad; or if the same bc a tramroad or railroad, the ascent shall uot bc greater than the prescribed rate of inclination; and if no rate be prcscribcd, the same shall not be greater than as it

cxistcd at tht: passir~g of the Special Act.

XLVI. Provided always, That in all cases where the averagc The width of the W - U

available width for the passage of carringcs of any cxisting roads

within fifty y a ~ d s of the points of crossing the same is less than the the road in certdn

width hereinbeforc prescribed for bridges over or under the Railway,

the width of such bridges rleed not bc greatcr than such average	available width of such roads, but so nevertheless that such bridges
be not of less width, in the case of a twnpilw road, or public car- riage road, than twenty &et: Provided also, that if at any time after the coilstruction of a Railway the average available width of any such road shall he increased beyond the width of such bridge on eithcr side thereof, the Company shall bc bound, at their own ex-
pense, to increase the width of the said bridge to such extent as
they may be required by the Trustees or Survcyors of such road, not exceeding the width of such road as SO widened, or the maxirnunz width herein or in the Spccial Act prescribed for a bridge in the like
case over or under thc Railway.

XLVII. Providcd also, That if the mesne inclination of any Existing inclination of roads crossed or

road within two hundred and fifty yards of the point of crossing the dim,,,	.,,;1,,	b,
Wne, or the inclination of such portion of any road as may require impo*ed.
to be altered, or for which another road shall be substituted, shall

C be

C m r i n y fl Aoads be steeper than the inclination hereinbefore required to be preserved

and Construcfion by the Company, then the Company may carry any such road over or of Bridges.

. under the Railway, or may construct such altered or substituted road at an inclination hot steeper than the said mesne inclination of the road so to be crossed, or of the road so requiring to be altered, or for which another road shall be substituted.

Before made inter-	XLVIII. That if, in the exercise of the powers of this or the Special Act granted, it be found necessary to cross, cut through, raisc, sink, or use any part of any road, whethcr carriage road, harse road, tramroad, or railway, either public or private, so as to render i t impassable for, or dangerous, or extraordinarily inconvenient to passengers or carriages, or to the persons entitled to the use thereof, the Company shall, before the commencement of any such operations, cause a sufficient road to be made instead of the road to be inter- fered with, and shall, at their own expense, maintain such substituted road in a state as convenient for passengers and carriages as the road so interfered with, or as nearly so as may be.
be substituted.
Penaity for not sub-	XLIX. That if the Company do not cause another sufficient road to be so made before they interfere with any such existing road aa aforesaid, they shall forfeit Twenty Pounds for every day during which such substituted road shall not be made after the existing road shall have been interrupted; and such penalty shall be paid to the Trus- tees, Commissioners, Surveyor, or other person having the manage- ment of such road, if a public road, and shall be applied to the pur- poses thereof; or in the case of a private road, the same shall be paid to the owner thercof, and every such penalty shall be recoverable with costs by action in any of the Superior Courts.
atituting a road.

fered with, othem to

Party adFering da- I). That if any party entitled to a right of way over any road SO

rnage fmm k b m p -	interfered with by the Company shall suffer any special damage by
tion of road to recover
in an action on the	reason that the Company shall fail to cause another sufficient road
B.	to be made before they interfere with the existing road, it shall be lawful for such party to recover the amount of such special damage from the Company, with costs, by action on the case, in any of the Superior Courts, and that whether any party shall have sued for such
penalty as aforesaid or not, and without prejudice to the right of any party to sue for the same.

~ e. i o a for restoration

of made interfered

LI. That if the road so interfered with can bc restored compatibly with the formation and use of the Railway, the same shall be re- stored to as good a condition as the same W& in at the time when the same wast first interfered with by the Company, or as near thereto as may be; and if such road cannot be restored compatibly with the formation and use of the Railway, the Company shall cause the new or substituted road, or some other sufficient substituted road, to be put into a permanently substantial condition, equally convenient as the former road, or as near thereto as circumstances will allow; and the former road shall be restored, or the substituted road put into such condition as aforesaid, as the case may be, within the following

with.

after the first operation on the former road shall have been Cro'roasiny of Roads

commenced, unless the Trustees or parties having the management of the road to be restored, by writing under their hands, consent to an extension of the period; and in such case within such extended period, that is to sav-if the road be a turnpike road, within six months, and if the &ad be not a turnpikc road, within twelve months.

road so completed as aforesaid, within the periods herein or in the restore road. LII. That if any such road be not so restored, or the substituted Penalty for failing to

Special Act fixed for that pulpose, the Company shall forfeit to the Trustees, Commissioners, Surveyor, or other person having the man- agement of the road interfered with by the Company, if a public road, or if a private road to the owner thereof, Five Pounds for every day after the expiration of such periods respectivcly during which such road shall not be so restored, or the substituted road completed; and it shall be lawful for the Justices by whom any such penalty is imposed to order the whole or any part thereof to be laid out in executing the work in respect whereof such penalty was incurred.

LIII. That if in the course of malring the Railway, the Company Compan~ to repair

shall use or interfere with any road, they shall from time to time mad"8ed bythem.

make good all damage done by them to such road; and if any ques- tion shall mise as to thc damage done to any such road 5y the Company, or as to the repair thereof by them, such question shall be referred to the determination of two Justiccs; and such Justices may direct such repairs to be made in the state of such road, in re- spect of the damage done by the Company, and within such period as they think reasonable, and may impose on the Company, for not carrying into effect such repairs, any penalty not exceeding Five Pounds per day, as to such Justices shall seem just; and such penalty shall be paid to the Surveyor or other person having the management of the road interfered with by the Company, if a public road, and be applied for the purposes of such road; or if a private road, the same shall be paid to the owner thereof: Provided always, that in determining any such question with regard to a turnpike	road, the said Justices shall have regard to and shall make full	allowance for any tolls that may have been paid by the Company on
such road in the course of the using thereof.

LIV. That when thc Company shall intend to apply for the consent Proceedings on appli- cations to Justices to

of two Justices, as hereinbefore provided, so as to authorize them holding of the General Quarter Sessions at which such application is intended to be made, cause notice of such intended application to be given in some newspaper circulating in the Province, and also to be affixed upon the door of the Post Office nearest to the place in which such crossing is intended to be made; or if there be no such Post Office, some other place to which notices are usually affixed; and if it appear to any two or more Justices acting for the district in which such highway at the proposed crossing thereof is situate, and as- ,,,,, ,,,,,-

to carry	the Railway across any highwav other than a public carriage inge of bridleways
road on	thc lcvcl, they shall, fourteen bays at least previous to the and footways.

sembled

Croasiw of Roads sembled in Gencral Quarter Sessions, after such notice as aforesaid,

of Bridges. that the Railway can, consistently with a due regard to the public safety and convenience, be carried across such highway on the level, it shall be lawful for such Justices to consent that the same may be so carried accordingly.

Appeal against the	LV. That if either party shall feel aggrieved by thc determina- tion of such Justices upon any such application as aforesaid, it shall be lawful for such party, in like manner and subject to the like con- ditions as are hewinafter provided in the case of appeals in respect of penalties and forfeitures, to appeal to the Quarter Sessions; and it shall be lawful for the Justices in such Quarter Sessions, upon the hearing of such appeal, either to confirm or quash the determi- nation, or to make such other order in regard to the method of carrying the Railway across such highway as aforesaid, as to them shall seem fit, and to make such order concerning the costs, both of the original application and of thc appeal, as to them shall seem reasonable.
Justices.
sufticient approaches

determination of

Company to d e LVL That if the Railway shall cross any highway other than a

mafencea to briae- public carriage way on the level, the Company shall at their own

was0 anafootwa~s expense make and at all times maintain convenient ascents and cmaaing on the level.

descents and other convenient annroaches. with handrails and other fences, and shall, if such highky be a bridleway, erect and at all times maintain good and sufficient gatcs; and if the same shall be

a footway, good and sufficient gates or stiles, on each side of the

Railway where the highway shall communicate therewith.

Jus~cestohave~ower LVII. That if, whcre the Railway shall cross any highway on the

to order approaches

fences to be m d e level, the Company fail to make convenient ascents and descents or

L 2,";;~ cr08s1ng other convenient approaches, and such handrails, fences, gatcs and

stiles as they are hereinbcfore required to make, it shall be lawful for two Justices, on the applicatioii of the Surveyor of Roads, or of any two householders within the district or place where such crossing

approach, or such handrails, fences, gates, or stiles as aforesaid,	shall be situate, after not less than ten days' notice to the Company, to order the Company to make such ascent and descent or other	within a period to be limited for that purpose by such Justices; and
if the Company fail to comply with such order, they shall forfeit Five
Pounds for every day that they fail so to do; and it shall be lawful for the Justiccs by whom any such penalty is imposcd to order the whole or any part thereof to be applied in such manner and by such person as they think fit, in executing the work in respect whereof such penalty was incurred.

8creens for Turn- LVIII. That if the Commissioners or Trustees of any turnpike

-- p"e Roads+ - road or the Surveyor of any highway, irpprclm~d dangei to the pas-

Screens for roads to	scngers on such road in consequence of horses being frightcned by
be made, kf required
by the Governor.	the sight of the engines or carriages travelling upon the Hailway, it shall be lawful for such Comm~ssioners, or Trustees, or Surveyor, after giving fourteen days' notice to the Company, to apply to the

Governol'

Governor with respect thereto; and if i t shall appear to the said Screens for Turn-

Governor that such danger might be obviatcd or lessened by the

pz%e Roads.

construction of any works in the nature of a screen near to or adjoin- ing the side of sucli road, it shall be lawful for them, if they shall think fit, to certify the works necessary or proper to be exccuted by the Company for the purpose of obviating or lessening such danger, and by such certificate to require the Conipany to execute such works within a certain time after the service of such certificate, to be appointed by the Governor.

pany shall have been required to execute any such work in the construct. LIX. That where by any such certificate as aforesaid the Corn- Penalty for failing to

nature of a screen, they shall execute and complete the same within thc period appointed for that purpose in such certificate; and if they fail so to do they shall forfeit to the said Commissioners, or Trus-

"tees, or Surveyor, Five Pomids for every day during which such works shall remain uncompleted beyond the period so appointed for their completion; and i t shall be lawful for thc Justices by whom any such penalty is imposed t o order the whole or any part thereof to be laid out in executing the work in respect whereof such penalty was incurred.

I LX. That where, under the provisions of this or the Special Act, or any Act incorporated therewith, the Company are requirrd to - Construction o f

P B~icbes. -.

maintain or keep in repair any Bridge, fence, approach, gate, or other Justices to have

work executed by them, i t shall be lawful for two Justices, on the ~~~~~	repc
application of the Survcyor of Roads, 0.1. of any two householders where such work may be situate, complaining that any such work is out of repair, after not less than ten days' notice to thc Company, to order the Company to put such work into com- plete repair within a period to be limited for that purpose by such Justices; and if the Company fail to comply with sucli order, they shall forfeit Five Founds for every day that they fail so to do; and it shall be lawful for the Justices by whom any such penalty is im-	posed to order the whole or any part thereof to be applied, in such	manney and by such persons as they think fit, in putting such work
into repair.

LXT. ,4nd whcreas expense might frequently be avoided, and Governor empowered to modify the con-

public convenience promoted, by a reference to the Governor upon struction of ce*in

the construction of public works of an engineering nature connected roads, hridgcs, kc.9 where a strict com-

with the Railwaj~? where a strict compliance with the provisions of pliance with the A C ~

this or the Special Act might be impossible, or attended with incon- i4°r)0ssib1e0rincon-

vement.

venience to the Company, and without adcquate advantage to the public: BC it Enacted, That in case any difference in regard to the construction, alteration, or restoration of any road or bridge, or othcr public work of an engineering nature, required by the pro- visions of this or the Speck1 Act, shall arise between the Company and any Trustees, Commissioners, Surveyors, or other persons having the control of or being authorized by law to enforce the construction of such road, bridge: or work, it shall be lawful for

either

f inat*udon of	either party, after giving fourteen days' notice in writing of their intention so to do to the other party, to apply to the Governor to decide upon the proper manner of constructing, a1 tering, or rcstoring such road, bridge, or other work; and it shall be lawful for the Governor, if he shall think fit, to decide the same accordingly, and to authorize, by certificate in writing, any arrangement or mode of construction in regard to any such road, bridge, or other work which shall appear to him either to be in substantial compliance with the provisions of this and the Special Act, or to bc calculated
to afford cqual or greater accommodation to thc public using such
road, bridge, or other work; and after any such certificate shall have been given by the Governor, the road, bridge, or other work therein mentioned shall be constructed by thc Company in con- formity with the terms of such certificate; and being so constructed, shall be decmed to he constructed in conformity with the provisions of this and the Special Act: Providcd always, that no such cer- tificate shall be granted by thc Govcrnor unless lie shall be satisfied that existing private rights or interests will not be injuriously affected thereby.

Authentication of LXII. And be it Enacted, That all regulations, certificates. notices,

ceMcate"f Governor, service the of and other documents in wri$ng purporgng to be rnde or ikued by

notices, &c,

or by the authority of the Governor, and signed by some officer appointed for that purpose by the Governor, shall, foi thc purposes of this and the Special Act, and any Act incorporated therewith, be deemed to have becn so made and issued, and that without proof of the authority of the person signing the same, or of the signature thereto, which matters shall bc prcsumcd until the cont~ary be proved; and service of any such document, by leaving the same at one of the principal offices of the Railway Company, or by sending the same by post .addressed to thc Secretary at such office, shall be deemed good service upon the Company; and all notices and other docu- ments required by this or the Special Act to be given to or laid before the Governor, shall for that purpose be delivered at the office

of, or sent by post addressed to, the Colonial Secretary.

Works for thepro- And with respect to works for thc nccommodation of lands

tecrion and accom- adjoining the Railway-Be	it Enacted as follows:
modation of Lands.

LXIII. That the Company shall make and at all times thereafter

maintain the following works for the accommodation of the owners

and occupiers of lands adjoining the Railway, that is to say-

Gates, bridges, &C.

Such and so many convenient gates, bridges, arches, culverts,

and passages over, under, or by the sides of or leading to or

from the Railway, as shall be necessary for the purpose of making good any interruptions caused by the Railway to the use of the lands through which the Railway shall be made; and such works shall be made forthwith after the

part of the Riilway passing over such lands shall have

been laid out or formed, or during the formation thereof:

Also

Works /br the p o -

,41so sufficient posts, rails, hedges, ditches, mounds, or other fences for separating the land taken for the use of the	tection altd accom-
modation oflands.

Railway from the adjoining lands not taken, and protecting

such lands from trespass, or the cattle of the owners or	Fences.
occupiers thereof from straying thereout, by reason of the Railway, together with all necessary gates made to open towards such adjoining lands, and not towards the Rail- way, and all necessary stiles; and such posts, rails, and other fences shall be made forthwith after the taking of any such lands, if the owners thereof shall so require, and the said other works as soon as conveniently may be:

Also all necessary arches, tunnels, culverts, drains, or other passages, either over or under or by the side of the Rail- way, of such dimensions as shall be sufficient at all times to convey the water as clearly from the lands lying near or affected by the Railway, as before the making of the Railway, or as nearly so as may be; and such works shall

be made from time to time as the Railway works proceed:

Also proper watering places for cattle, where by reason of the Railway the cattle of any person occupying any lands lying near thereto shall be deprived of access to their former watering places; and such watering places shall be so made as to be at all times as sufficiently supplied with water as theretofore, and as if the Railway had not been made, or as nearly so as may be; and the Company shall make a11 necessary vate er courses and drains for the purpose of conveying water to the said watering places: Watering places.

Provided always, fiat the Company shall not be required to make such accommodation works in such a manner as would mevent or obstruct the working or using of the Railway, nor to Lrnakc any ac,commodation works with respect to which the owners and occud piers of the lands shall have agreed to receive, and shall have been

paid compensation instead of the making them.

LXIV. That if any difference arise respecting the kind or num- Differences sa to ac.

ber of any such accommodation works, or thc dimensions or s u s - ;;;~$~~;o;~~

ciency thereof, or respecting the maintaining thereof, the same shall Eices,

be determined by two Justices; and such Justices shall also appoint

the time within which S L I C ~ works shall be commenced and executed

by the Company.

LXV. That if for fourteen days next aftcr the time appointed by Execution aorb

such Justices for the commencement of any such works the Company $ ;rgk;;Pdt	shall fail to commence such works, or having commenced shall fail
to proceed diligent,ly to execute the same in a sufficient manner, it shall be lawful for the party aggrieved by such failure himself to execute such works or repairs, and the reasonable expenses thereof shall bc repaid by the Company to the party by whom the same shall so have been executed; and if there be any dispute about such

expenses

tectzon and accom- j l y i s forfiepro- expenses the same shall be settled by two Justices: Provided

modation of lands. always, that no such owner or occupier or other person shall	obstruct or injure the Itailway, or any uf the works connected
therewith, for longer time noi. use the& in any other manner than is unavoidably nec&sary for the execution o; repair of such ac- commodation works.

Power'to OmerS	of	LXVI. That if any of	the owners or occupiers of lands affected
land to make addi-

works. tlk Company, 6r directed by such Justices to be made by thk tional accommoitation by such Railwav shall consider the accommodation works made hv

Company, insufficient for the commodious use of their respective lands, i t shall be lawful for any such owner or occupier, at any time, a t his own expense, to make such further works for that purpose as he shall think necessary, and as shall be agreed to by the Company,

or, in case of difference, as shall be authorized by two Justices.

Such work8 to be con-	LXVII. That if the Company so desire, all such last-mentioned
structed under the su-

pe&t+ndence of the ~1ccommodation works shall be constmcted under the superinterldence

Company's Engineer- of their Engineer, and according to plans and specifications to be

submitted to and approved by such Engineer: Nevertheless, the Company shall not be entitled to require either that plans should be adopted 'which would involve a greater 'expense than that incurred in the execution of simi1a.r works by the Company, or that the plans selected should be executed in a more expensive manner than that adopted in similar cases by the Company.

Accommodationworks

not to be required	LXVIII. That the Company shall not be compelled to make any further or additional accommo4ation worlrs for thc use of owncrs and occupiers of land adjoining the Railway after the expiration of the prescribed period; or, if no period be prescribed, after five years from the c~mpletion of the worlis and the opening of the 12ailway for public use.
&er five years.
Owners to be allowed

tb cross until accom- IXIX. That until the Company shall have medc the bridps or

modation works are

other proper communications which they shall, under the provlsious

made.

herein, or in the Special Act, or any Act incorporated thcrewith, contained, have been required to make bctwccn lands intersected by the ~ a i l & a ~, and no fonger, the owners and occupiers of such lands, and any other persons whose right of way shall be affected by the want of such communication, and the rcspcctive servants may at all times freely pass and repass with carriages, horses, and other animals, directly (but not otherwise) across the part of the Railway made in or through their respective lands, solely for the purpose of occupying the same lands,- or for the exercisi of sudl right of way, and so as not to obstruct the passage along the Railway, or to damage the same: Nevertheless, if the owner or occupier of any such lands have, in his arrangements with the Company, received or agreed to receive compensation for or on account of any such communications, instead of the same being formed, such owner or occupier, or those claimiog under him shltll not be entitled so to cross the Railway.

LXX. That

LXX. That if any person omit to shut and fasten any gate set Works for thepro-

up at either side of the Railway for the accommodation of the owners tection and nccont-	or occupiers of tlie adjoining lands, as soon as he and the carriage, modation of Lands.
cattle, or other anin~als nndcr his care, have yassecl through thc ~~~$~';b~~'
same, he &all forfeit for evcry such offcncc ariy sun1 not exceeding gates.
Forty Shillings.

LXXJ. And Inc it Enacted, That this or the Sl~ccial Act shall not Branch Railways.

prevent the owners or oscupi&s of lands adjoinhg to the Rsilway, P,,,, , , ,,, i

or any othcr persons, from laying down, citllrr upon their own lands make private *ranch Railways cornmunil

or upon the lands of other persons with the C ~ n ~ c i l t of such persons, eating with the Rail-

any collateral branches of Railway to cornmimicate with the Railway, way. for the puqmse of bringing carriages to or fl-orn or upon the Railway, but under and subject to such regulations as shall he approved by the Governor: And the Company shall5 if required, at thr expense of such owners and occupiers and other p~rsons, and subject also to such regulations as afbresaid, make openings in the rails, and such additional lines of rail as may bc necessary for effecting such com- munication in plnrrs wherc ihe colnrnulliratioll can he made with safety to the public, and without injury to the Railway, and without inconvenience to t h r traffic therron; and thc Company shall not talw any ratc or toll or other moneys for thc passing of any passengers, goods, or other things along ally branch so to be made by any such owner or occupier or othcr person; but this mactment shrill bc sub-	ditions.	Rcstrictions ond con-
ject to the following restrictions and conditious, that is to say-

No such brmch Railway slm,l run lmrnllel to the Railway.

The Coizzpttny shall not bc bound to make any such openings in any placc which they shall havc set apart for any specific prposc, with which such coinmunic.ation would interfere, nor upon any inclined plane or bridge, nor in any tunnel.

The ~wrsons making or using such brauch Railways shall be subject to all by-laws and regulations of the Company from	timc to time mnde with respect to passing upon or crossing	the Rai1wa.y and otherwise; and tllc persons making or
using such branch Railways shall be bound to construct, and from time to time, as need may requirc, to renew the offset-plates and switches according to thc most approved plan adopted by the Company, and under the direction of their Engineer.

And with respect to mines lying under or ncnr the Railway---BC Workirzg ofMines.

it Enactclcl as follows:

LXXII. That the Company shall not be entitled to any mines of Company not to be coal, ironstone, slstr, or other minerals undcr any land purchased by entitled to minerals. thcm, except only such parts thereof as shall be necessary to be dug

or carriccl away or used in the construction of t,he works, ilnless the sanic shall have becn expressly purshnscd; and all such mines, es- ceptirzg as aforesaid, shall be deemed to be excepted out of the con-

U \-eyance

Workzhyofilfines. veyance of such lands, unless they shall have been expressly named

-

therein, and conveyed thereby.

Railway

Mines lyingnenr not to be the LXXT.11. That if the owner, lessee, or occupier of any mines or therewith, or within the prescribed ilistance, or where no distance shall be nrescribed, forty yards therefrom. be desirous of work in^ the

worked if the Corn-	minerals lying under the Railway, or any of the works connected
pany

chase xdEn~tOpur - them.

" d "

same, such owncr,' lcsscc, or occupicr shall give to the Company notice in writing of his intention so to do thirty days before the commencement of working; and upon the receipt of such noticc it shall be lawful for the Company to cause such mincs to be inspected A

by any person appointed by them for the pnrpose; and if it appear

to the Company that the working of such niines or minerals is likely

to damage the worlr!: of the Railway, and if the Co~npany be willing to make compensation for snr.11 mines or any part thereof to such owner, lessee, or occupier thereof, then he shall not work or get the same; ancl if the Company and s w h owner, lessee, or occupier do not agree as to the amount of such compensation, the same shall hc settled as in other cases of disputed compensation.

f Company ~rnwilling

to purchaw, owner	LXXIY. That if, before the expiration of such thirty days, t1w Company do not state their willingness to treat with such owner, lessee, or occupier for the payment of such compensation, i t sl~all 1x2 lawful for him to work the said mines or any part thereof for which the Company shall not have agrecd to pay c&npcnsation, so that the same be done in a manner proper and necessary for the beneficial
m a y work the mines.
workiilg thereof', and according to the usual mana er of ~vorkin ' C S U C ' ~
mines in the district where thc samc shall be situate; and if ally h
Damage to Knil\rnj	damage or obstruction be occasioned to the Railway or works by

by i~iipropcr working

of niines to be made	i m p p e r working of such mines, the sanie shall be forthwith repaid
good liy o\vncrs.	or rcn:ovcd, as the case may rcquirc, and such clamage made good
b y thc owner, lessee, or occupier of such mines or minerals, and at
his own; ancl if such repair or removal be not forthwit11 done,
be clone by such ownrlr, lessee: or occupier, it shall be lawful for the or if the Company shall so think fit, without wiiting for the same to C'oml~any to execute the same, and recover from such ownelm, lessee, or occupier, thc expense occnsioilcd thereby, hy uction i11 ally of' the Snpcriior Courts.

L ~ X V. That if tllc working of any snrli miues unclet. the Rail-

way or works, or within the above-mentionerl distance thcrefrorr~, be

prewntecl as af'orwsicl by rcawn of ayprchendcd injury to the Rail-

way, i t shall bc larvf'ul for thc respet-tirc owxle~.s, lcssces, and ot:cu-

piers of such mines, ailcl ~ l ~ o s e rrliues shall cxtend so as to lie on both sides of the Railway, to cut and nlakc suc.11 allcl so inany air- ways, beaclways, gateways, or \vater-lrwls through the mines, measures, or strata, the ~vorkiug whereof shall bc so prevented, its rnny be requisite to enable thcm to vcntilntc, drain, and work the said mines; but 110 such airway, hentl\vny, g i t t~way, or water- led shall bc of greatcr dimrmsinns or section than the prescribed cliniensions and sections, and where no dimensions shall bc described, not greater

than

than eight feet wide and eight feet high, nor shell the same be cut IITorkLig of;Mims.	.-
or made upon any part of thc Ridwny or walks, or so its to injure '
tile samc, or to imljcde the passage thereon.

LXXVI. That the (: o I I ~ ~ > ~ I Y shall fi'r)lll t i l i i ~ to t i m ~ pay to the Company to mrrke

both sides of tllc Railway. all bud1 additional espenscs ::nd losstts as

trespassing upon any

wilfully trespass upon any Railway or any of the stations or other works or premises conncctcd therewith, and shall refuse to quit the same upon request to him made by any officer or agent of the said Company, every such person so offending, and all others aiding or assisting therein, shall and may be seized and detained by any such officer, or agent, or any person whom he may call to his assistance, until such offender can be conveniently taken before some Justice of

the

General B8guza- the Peace; and when convicted before such Justice as aforesaid (who

tiom. is hereby authorized and required, upon complaint to him upon oath, to take cognizance thereof, and to act sixrnrnarily in the premises), shall, in the discretion of such Justice, forfeit to Her Majesty any sum not exceeding Five Pounds; and in default of payment thereof shall or may be imprisoned for any term not exceeding two calendar months, such imprisonment to bc dctermincd on payment of the amount of the penalty.

mine disputes respect- CLVIII. That in case any disagreement or difference shall arise	Governor to deter-
ing the proper places between any owner or occupier of lands adjoining any Railway, or
for Opening in other persons and any Railway Company, as to the proper places for
ledges or flawhe8 of
Railways. any openings in the ledges or flanches of any Railway (except at such places as by the Special Act shall be specified) for the purpose of cammunication between such Kailway and any Collateral or Branch Railway to be laid down over such lands, then the same shall be left to the decision of the Governor, who is hereby em- powered to hear and determine the same in such way as he shall think fit, and his determination shall be binding on all parties.

Arbitration. And with respect to the Settlement of Disputes by Arbitration-

Be it Enacted as follows:

Appointment of arbi-

trators when questions	CLIX. That when any dispute authorized or directed by this or arbitration, shall have arisen, then, unless both parties slrall concur in the appointment of a single arbitrator, each party, on the request of the other party, shall nominate and appoint an arbitrator, to whom such dispute shall be ref'erred; and every appointment of an arbi- trator shall be made on the part of the Company under the hand of the Secretary or any two of the Directors of the Company, and on the part of any other party under the hand of such party; or if such party be a Corporation aggregate, under the common Seal of such Corporation; and such appointment shall bc delivered to the arbi
are to be determined	the Special Act, or any Act incorporated therewith, to be settled by
bp arbitration.
of the party by whom the same shall be made; and after any such trators, and shall be deemed a submission to arbitration on the part
appointnlent shall have been made, neither party shall have power to revoke thc same without the consent of thc other, nor shall the death of either party operate as a vocation; and if for the space of four- teen days after any such dispute shall have arisen, and after a rc- quest in writing, in which shall be stated the matters so required to be rcfcrred to arbitration shall have been served by the one party on the other party to appoint nn arbitrator, such last-mentioned party fail to appoint such arbitrator, then upon such failurc the party making the request, and having himself appointed an arbitrator, may appoint such arbitrator to act on behalf of both parties; and such arbitrator may proceed to hear and determine the mattcrs which shall be in dispute; and in such case the award or determination of such single arbitrator shall be final.
to be supplied.

vaoanc~ of arbitrator CLX. That if bcforc the matter so referred shall bc determined, any arbitrator appointed by either party die or become incapable to act,

act, the party by whom such arbitrator was appointed may nominate

Arh?rath.

and appoint in writing some other person to act in his place; and if for the space of seven days after notice in writing from the other party for that purpose he fail to do so, the remaining or other arbitrator may procced ex parte ; and every arbitrator so to be sub- stituted as aforesaid shall have the same powers and authorities as were vested in the former arbitrator at the time of such his death or incapacity as aforesaid.

CLXI. That where more than onc arbitrator shall have been Apointment of um-

appointed, such arbitrators shall, before they enter upon the matters referred to them, nominate and appoint, by writing under their hands, an umpire, to decide on any such mattcrs on which t.hey shall differ, or which shall bc refcrred to them under this or the Special Act; and if such umpire shall die or become incapable to act, they shall forthwith, after such death or incapacity, appoint another umpire in his place; and the dccision of every Such umpire on the matters so referred to him shall be final.

CLXII. That if, in either of the cases aforesaid the said arbitrators Governor empowered to appoint an umpire,

shall rcfuse, or shall for seven days after request of either party to on ncglcct

oftbe

such arbitration neglect to appoint an umpirc, the Governor shall, arbitrators-

on the application of either party to such arbitration, appoint an

umpire; and thc dccision of such umpire on the matters on which

the arbitrators shall differ., or which shall be referred to him under

this or the Special Act, shall be final.

CXLIII. That if, where a single arbitrator shall have bccn ap- I n case of death of single arbitrator, the

pointed, such arbitrator shall die or become incapable to act before ,,,,	,	de
determined by arbitration under the provisions of this or the Special
he shall have madc his award, thc matters referred to him shall bc W O. pointed.

CI,XITT. That if where more than one arbitrator shall have been rf either arbitrator rcfnse to act, the

appointed, either of the arbitrators rcfusc. or for seven days neglect to proceed az

to act, the other arbitrator may proceed ex pnrte, and the decision parte.

of such other arbitrator shall be as effectual as if hc had been the

single arbitrator appointed by both pa~ties.

CLXV. That if where more than one arbitrator shall have been ~ f ~ b i t r a t o r s f a i i to

appointed, and where neither of them shall refuse or neglect to act ~ $ ~ f & ~ ~ ~ ~ ~ e

as aforesaid, such arbitmtovs shall fail to make their award within days, the matter to go

twenty-one days after thc day on which the last of such arbitrators to the umpire.

shall ~ Y ~ V P bein appointed, oE within such extended time, if any, as shall have been appointed for that purpose by both such arbitrators under their hands, the matter referred to them shall be determined by the umpire to be appointed as aforesaid.

CLXVI. That the said arbitrators or their umpire may call for Power for arbitmtom

the production of any documents in the possession or power of either to call for books, &C.

Party

ArWration.	party which he or they may deem necessary for determining the question in dispute, and may examine the parties or their witnesscs
on oath, and administer the oaths necessary for that purposc.

Arbitrator and um-

pire to make declara- CXLVII. That before any arbitrator or umpire shall enter into

tion. the consideration of any matter referred to him. he shall. in the presence of a Justice, r n a h and subscribe the following declaration, that is to say-

" I, A.B., c10 solemnly and sincerely declare 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 pro-

visions of the Act (naming the Special Act). A.B. y 7

a Made and subscribed in the presence of

And such declaration s l d l be annexed to the award when made; and if any arbitrator or umpire having made such declaration shall wilfully act contrary thereto, he shall be guilty of a misdemeanor.

Costa to be in the

discrotion of the	CLXVIII. That except where by this or the Special Act, or any Act incorporated therewith, it shall be otherwise provided, the costs of and attending every such arbitration to be dctermined by the arbitrators shall be in the discretion of the arbitrators.
arbitrators.
tion may be made a

sub*iontoarbiba- CLXIX. That the submission to any such arbitration may be

rule of court.

made a rule of the Supreme or other Superior Court of this Province,

on the application of either of the parties.

set aside for matter

The award not to ho CLXX. !['hat no awad made with respcct to any questiou referred

of form.	to arbitration under tbe provisions of this or the Special Act shall be
set aside for irregularity or error in matter of form.

-

Notices.

CLXXI. That any summons or notice, or any writ or other pro-

given personally to the Secretary; or in case there bc no Secretary,

then by being given to any one Director of the Company.

8ervice of notices	ceeding at Law or in Equity requiring to be served upon the Com-
upon Company.	pany, may be served by the same being left at or transmitted through the Post, directed to the principal office of the Company, or one of their principal offices whcrc there shall be more than one, or being

Amends. CLXXII. And be it Enacted, That if any party shall haw com- mitted any irregularity, trespass, or other wrongftd proceeding in the execution of this or the Special Act, or any Act incorporated there- with, or by virtue of any power or authority thereby givcn; and if before action brought in respect thereof such party make tender of sufficient amends to the party injured, such last-mentioned party shall not recover in any such action; and if no such tender shall have becn made, it shall be lawful for the defendant, by leave of the Court where such action shall be pending, at any time before issue joined, to pay into Court such sum of money as he shall think fit; and thereupon such proceedings shall be had as in other cases where defetidants are allbwed to pay money into Court.

Tender of mends.

And

And with respect to the recovery of damages not specially pro- Xecovery Q)

vided for, and of penalties, md to the determination of any other Damages and Penalties.

matter referred to Justices-Be it Enacted as follows:

CLXXIIT.. That in all cases where any damages, costs, or ex- ~rovi~ion foraamages

penses are by this or the Special Act, or any Act incorporated there- ~	~	pm-	$	$	~	~
with, directed to be paid, and the method of ascertaining the amount or enforcing the payment thereof, is not provided for, such amount in case of dispute, <haU be ascertained and determined by two Justices; and if the amount so ascertained be not paid by the Company or other party liable to pay the same within seven days after demand, the amount may be recovered by distress of the goods of the Company or other party liable as aforesaid; and the Justices by whom the same shall have been ordered to be paid, or either of them, or any other Justice, on application, shall issue their or his warrant accordingly.

CLXXIV. That if' sufficient goods of the Company cannot be Distress against the

found whereon to levy any such damages, costs, and expenses pay- able by the Company, the same may, if the amount thereof do not exceed Twenty Pounds, be recovered by distress of the goods of the Treasurer of the Company; and the Justices aforesaid, or either of them, on application, shall issue their or his warrant accordingly; but no such distress shall issue against the goods of such Trea- surer unless seven days' previous notice in writing, stating the amount so due and demanding payment thereof, have been given. to such Treasurer, or left at his residence; and if such Treasurer pay any money under such distress as aforesaid, he may retain the amount so paid by him, and all costs and expenses occasioned thereby, out of any money belonging to the Company coming into his custody or control, or he may sue the Company for the same.

CLXXV. That where in this or the Special Act any question Method of proceeding

of compensation, expenses, charges, or damages, or other matter, is '$$t;e$pz8ge,,

referred to the determination of anv one Justice or more. it shall &c.

be lawful for any Justice, upon t h e application of either party, to

summon the other party to appcar before one Justice, or before two Justices, as the case may require, at a time and place to be named in such summons; and upon the appearance of such parties, or in the absence of any of them, upon proof of due service of the summons, i t shall be lawful for such one Justice, or such two Justices, as the case may be, to hear and determine such question, and for that purpose to examine such parties, or any of them, and their witnesses, on oath; and the cost of every such enquiry shall be in the discretion of such Justices, and they shall determine the amount thereof.

CLXXVI. That the Company shall publish the short ~articulars ~uhlication of penel-

of thc several offences for which any penalty is imposed by this or ties.

the Special Act, or by any bylaw of the Company affecting other persons than the shareholders, officers, or servants of the Company, and of the amount of every such penalty, and shall cause such par-

ticulars

Recovery of

ticulars to be painted on a board, or printed upon paper and pasted

Damages md

thereon, and shall cause such board to be hung up or affixed on some

penal tie^.

conspicuous part of the principal place of business of the Company; and where any such penalties arc of local application, shall cause such boards to be affixed in some conspicuous place in the immediate neighborhood to which such penalties are applicable or have re- ference; and such particulars shall be renewed as often as the same or any part thereof is obliterated or destroyed; and no such penalty shall be recoverable unless it s l d l have been puhlishcd and kept published in the manner hereinbefore required

Penalty for defacing

CLXXVII, That if any person p1111 down or injure any board put up or affixed as required by this or the Special Act, for the purpose

boards

publication.

of publishing any by-law or perialty, or shall obliterate any of the letters or figures thkreon, he shall forfeit for every such offence a sum not exceeding Five Pounds, and shall defray the expenses at- tending the restoration of such board.

penalties to be sum-

CLXXVIII. Y'lmt every y enaltlty or forfeiture imposed by this or

the Special Act, or by any bylaw made in pursuance thereof, the

madyrecOvered

before two Juetices.

recoverr of which is not otherwise provided for, may be recovered by surnma& proceedings before two justices; and on complaint being made to any Justice, he shall issue a sumnlons, requiring the party complained against to appear before two Justices at a time and place to be named in such summons; and every such summons shall be served on the pwty offending either in person or by leaving the same with some inmate at his usual place of abode; and upon the ap- pearance of the party complained against, or in his absence, after proof of the due service of such summons, it shall be lawful for any two Justices to proceed to the hearing of the complaint, and that although no-information in writing or in print shall have been ex- hibited before them; and upon proof of the offence, either by the confession of the party complain.~d against, or upon the oath of onc

vict the offender; and upon such conviction, to adjudge the offender credible witness or more, it shall be lawful for such Justices to con-

to pay the penalty or forfeiture incurred, as well as such costs attend-

ing t hc conviction as such Justices shall think fit.

l)en&ies to be leyied CLXXIX. That if forthwith upon any s ~ c h adjudication as afore-

by distress. said thc amount of thc pciialty or forfeiture, and of such costs as aforesaid, be not paid, the amount of such pcnalty and costs shall be levied by distress; 2nd such Justices, or either of them, shall issue their or his warrant of distress accordingly.

I m p r i ~ m e n t	in de-	CLXXX. That it shall be lawful for any such Justice to order any offender so convicted as aforesaid to be detained and kept in safe custody until return can be convcnicntly made to the warrant of distress to be issued for levying such penalty or forfeiture and costs, unless the offcndcr give sufficient security by way of recognizance or otherwise, to the satisfaction of the Justice, for his appearance before him on the day appointed for such return, such day not being more
fault of distress.

than

than eight days from the time of taking such security; but if before R ~ C O V ~ ~ Y of

issuing such warrant of distress it shall appear to the Justice, by the P,oltiar.	Damages and
admission of the offender or otherwise, that no sufficient distress can
be had within the jurisdiction of such Justicc whcreon to levy such
penalty or forfeiture and costs, he may, if he thinks fit, refrain from issuing such warrant of distress; and in such case, or if such warrant shall have been issucd, and upon the return thereof such insuf- ficiency as aforesaid shall be made to appear to the Justice, thcn such Justice shall, by warrant, cause such offender to be committed to gaol, there to remain without bail for any term not exceeding three months, unless such penalty or forfeiture and costs be sooner paid and satisfied.

corporated therewith, any sum of money, whether in the nature of levied. CLXXXI. That where in this or the Special Act, or any Act in- Didtress, how to be

penalty or otherwise, is dirccted to be levied by distress, such sum of money shall be levied by distress and sale of the goods and chattels of the party liable to pay the same; and the ovcrplus arisiirg from the sale of such goods and chattels, after satisfying such sum of money and the expenses of the distress and sale, shall be returned, on demand, to the party whose goods shall have bcen distrained.

CLXXXII. That no distress levied by virtue of this or thc Special Distress not unlawful

Act, or any Act incorporated therewith, shall be deemed unlawful, for want of form,

nor shall any party making the same be deemed a trespasser on account of any defect or want of form in the summons, conviction,

.	warrant of distress, or other proceeding relating thereto, nor shall such party be deemed a trespasser ub initia on account of any irregu- larity afterwards committed by him; but all persons aggrieved by such defect or irregularity may recover full satisfaction for the special damage in an action on the case.
forfeiture shall be imposed may, where the application thereof is not penalties. CLXXXIII. That the Justices by whom any such penalty or Application of
otherwise provided for, award not more than one-half thereof to the informer, and shall award the remainder to the Colonial Treasurer,

to be paid to '' The Relief Fund," and to be applied under the pro- visions of the Ordinance passed on thc second day of September, one thousand cight hundred and forty-four (No. 16).

CLXXXIV. That no person shall be liable to the payment of Penalties to be sued

fOrv"&"month'. nizable before a Justice, unless the complaint respecting such offcnce shall have been made before such Justice within six months next after the commission of such offence.

any penalty or forfeiture imposed by virtue of this or the Special

CX.,XXXV. 'That if through m y act, neglect, or default on ac- Damage to be made

count whereof any person shall have incurred any penalty imposed ,en,lt~	good in addition to
by this or the Spccial Act, any damage to the property of the Corn- pany shall have been committed by such person, he shall be liable

H to

Recovery of	to makc good such damage as well as to pay such penalty; and the
Pena Eties.	amount of such damages shall, in case of dispute, be determined by the Justice by whom the party incurring such penalty shall have been convicted; and on non-payment of such damages on dernaud, the same shall be levied by distress, and such Justices, or one of them, shall issuc their or his warrant accordingly.

Penalty on witnesses	CLXXXVI. That it shall be lawful for any Justice to summon any person to appcar before him ss a witness in any matter i n which such Justice shall have jurisdiction under thc provisions of this or the Special Act, at a time and place mentioned in such summons,
making default.
and to administer to him an oath to testify the truth in such matter;
and if any person so surnrnonecl shall, without reasonable cxcuse, refusc or neglect to appear at the time and place appointed for that purpose, having becn paid or tendered a reasonable sum for his ex- penses; or if any person appearing shall refusc to bc cxamined upon oath, or to give evidence before such Justice, every such person shall forfeit a sum not exceeding Five Pounds for every such offence.
!l!rrmaient offenders.	CLXXXVIT. That it shall be lawful for any officer or agent of the Company, and all persons called by him to his assistance, to seize and detain any person who shall have committed any offcilce against the provisions of this or the Special Act, and whose name and resi- dence shall be unknown to such officer or agent, and convey him with all convenient dispatch before some Justice without any warrant or other authority than this or the Special Act; and such Justice shall proceed with all convenient dispatch to the hearing and de- termining of the complaint against such offender.

Damages and

Form of conviction. CLXXXVIII. That the Justice before whom any person shall be

convicted of any offence against this or the Special Act, or any Act incorporated thcrcwith, may cause the conviction to bc drawn np according to the form in the Schedule to this Act annexed.

Proceedings not to be CLXXXIX. That no proceeding in pursuance of this or the Special Act, or any Act incorporltted therewith, shall be quashed or vacated for want of form, nor shall the same be removed by certiorari or otherwise into any Supcrior Court.

quashed for want of

form.

Parties allowed to	CXC. That if any party shall feel aggrieved by any determina-
appeal to Quarter

&asions on giving

tion or adjudication of any Justice with respect to any penalty or

security.

forfeiture under thc provisions of this or the Special Act, or any Act incorporated therewith, such party may appeal to the General Quarter Sessions nearest to the place in which the cause of appeal shall have arisen; but no such appeal shall be entertained unless it be made within four months next after the making of such detek- rnination or adjudication, nor unless ten days' notice i n writing of such appeal, stating the nature and grounds thereof, bc given to the party against whom the appeal shall be brought, nor unless the appellant forthwith after such notice enter into recognizances, with two sufficient sureties, before a Justice, conditioned duly to prose- cute siich appeal, and to abide the order of the Court thereon.

CXCI. That

CXCT. That at the Quarter Sessions for ~vhich such notice shall Recover!/ of

be given, the Court shnll proceed to hear and determine the appeal Pe,2allie8.	Barnages and
in a summary way; or they may, if they think fit, adjourn it to

the followinn Sessions; and upon the hearing of such appeal the orderasthey thinl Court to make such

Court may, ~f they think fit, mitigatc any penalty or forfeiture, or reasonable. 9

they may confirm or quash the adjudication, and order any money paid by the appellant, or levied by distrcss on his goods, to be re- turned to him, and may also order such further satisfaction to be made to the party injured as they may judge reasonable, and they

may make such order concerning t,he costs both of the adjudication

and of the appeal as they may think reasonable.

CXCII. That every pcrson who, upon any examination upon oath R W ~ ~ S giving false

evidence liable t o

under the provisions of this or the Special Act, or any Act incorpo- penalties of p e i w y.

rated thewith, shall wilfully and corruptly give false evidence, shall

he liable to the penalties of wilful and corrupt pel jury.

And with respect to the provisiolis to be made for affording access riccesr to Special

to the Special Act to all partics interested-Be it Enacted as follows: h t.

CXCIII. That the Company shall at d 1 times after the expiration Copies of Spcciot ~ c t

of six months after the passing of the Special Act, keep in their sited, ;md allowe,l to to he kcpt and depo-

principal office of business a copy of the Special Act printed by beinspepted.

authority of the Government, and shall also, within the space of such

six months deposit in the Gcncral Registry Office of the Province a

copy of such Act so printed as aforesaid; and the Registrar-General

of the said Province shall receive, and be and the Company respcc-

tively shall rctain the said copies of the said Act, and shall permit

all persons interested to inspect the same, and make extracts or

copics theref ram.

CXCIV. That if the Company shall fail to keep or deposit, as Penalty on Company failing to keep or de-

hereinbefore mentioned, any of the said copies of the Special Act, posit	copies.
they shall forfeit Twenty Pounds for every such offence, and also

be not so kept or deposited. Five Pounds for every day afterwards during which such copy shall FREDK. H. ROBE,

Lieutenan t-Governor.

Passed the Legislative Council this izuen iy-

sixth day o f M a A, one thousand eight

hundred and forty-seven.

W. L. O'HALLORAN,

Clerk of Council,

SCHEDULE

SCHEDULE REFERRED TO BY TIIE FOREGOING ACT.

To Wit.

Be it remembered, that on the day of

in the year of our Lord

A. B. is convicted before us, C.D., two of Her Majesty's Justices of the Peace for

the Yrovince of South Australia [here descvibe the o f i n c e generally, and the time

mdplnce when and where committed] contrary to the [here name the Special Act].

Givcn under our hands and seals the day and year first above written.

7, -

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Adehiide : By authority E. SPILLER, Government Printer,