Railways Act 1854 No 40a (NSW)

No. XL.

An Act to make provision tor the construction by the Government of Railways in the Colony of New South Wales. [2nd December, 1854.]

WH E R E A S N e w South W a l e s would he of grea t publ ic advan tage by

t h e m a k i n g of Rai lways t h r o u g h o u t t he Colony of

open ing addi t ional cer ta in and expedi t ious means of communica t ion

be tween d is tan t towns and places and by faci l i tat ing communica t ion

be tween the City of Sydney and t h e r emote dis t r ic ts of t h e Colony

a n d i t is necessary for t he publ ic in teres ts t h a t such Rai lways should be m a d e and completed wi th all convenient speed A n d whereas by an A c t of Counci l m a d e and passed in t he t h i r t e e n t h year of H e r presen t Majes ty ' s re ign int i tuled " An Act to incorporate a Company to be called the Sydney Railway Company" a Company was established a n d incorpora ted for m a k i n g comple t ing and ma in t a in ing Rai lways in t h e said Colony and it was directed t ha t t h e first of such Rai lways the reby au thor ized to be made should commence a t or near to t h e City of Sydney and pass t h r o u g h the Counties of Cumber l and and Camden to t h e Town of G o u l b u r n in t he Coun ty of Argy le and also t h r o u g h such other places in t he County of Cumber l and as m i g h t be deemed a most desirable rou t e for ca r ry ing a Ra i lway towards B a t h u r s t A n d whereas by a cer ta in other Ac t of Counci l m a d e and passed in t h e seven­ t e e n t h year of t he re ign of H e r present Majesty in t i tu led " An Act to

" establish and incorporate a Company to be called The Hunter River

" Railway Company" a certain o the r Company was established and incor­ pora ted wi th power to m a k e complete and ma in t a in a single or double l ine of Ra i lway commenc ing at such po in t in or nea r Newcas t le in t h e Colony aforesaid as m i g h t appear convenient t o t h e Directors of t h e

said Company and t e r m i n a t i n g at such point in or nea r to E a s t Mai t -

land or W e s t M a i t l a n d as m i g h t appear p roper and convenient A n d whereas t h e said Companies respectively have commenced the Ra i lways and works author ized by the said recited Ac t s to be m a d e b u t it has been found t h a t they are unable by reason of the difficulty of ra is ing t he l a rge a m o u n t s of capital requi red for t h a t purpose and from other-

consent of t he Legislat ive Council thereof as follows :—

causes to comple te the i r respective unde r t ak ings or to proceed w i t h

t he same as expedi t iously as t h e interests of t he publ ic r equ i re and it is expedient t h a t t he said works and all o ther Ra i lways to be con­ s t ruc ted t h roughou t the Colony should be carried on and completed by Commissioners for Ra i lways to be appoin ted by the Governor and t h a t H e r Majesty 's G o v e r n m e n t should be empowered for and on behalf of H e r Majesty to purchase from t h e said Companies the i r respective in teres ts in t h e l ines of Ra i lway a n d other works com­ menced or made a n d executed a n d vested in t h e said Companies respectively unde r a n d b y v i r tue of t h e said reci ted Ac t s A n d whereas the re is no t sufficient t i m e du r ing the present Session of t h e Legislat ive Council t o p repa re and duly consider a complete measu re for t he m a k i n g a n d m a i n t a i n i n g of such Ra i lways b u t never theless it is

expedient t h a t some provision should be immedia te ly m a d e in order

to p reven t t h e a b a n d o n m e n t or suspension of t h e works a l ready com­ menced by the said Companies Be it therefore enacted by H i s Excel lency t h e Governor of New South Wales w i th t h e advice and

1. F r o m a n d after the pass ing of th is Ac t all t he powers r i gh t s

privi leges in teres ts au thor i t ies	and	immuni t i e s	g ran ted to t h e	Corpo­
ration called " T h e Sydney Ra i lway C o m p a n y "	by	t h e	above	reci ted

Ac t of Counci l m a d e and passed in t he t h i r t e e n t h year of H e r present

Majes ty ' s re ign shal l cease a n d de te rmine except in so far as t h e same apply to t he l ine of Ra i lway from t h e City of Sydney to t h e Town of P a r r a m a t t a a n d t h e said Company shall thereaf ter have power to m a k e

complete a n d main ta in t h e las t -ment ioned l ine of Ra i lway only.

2. I t shal l be lawful for t he Governor and he his hereby au tho ­
rized to n o m i n a t e and appoin t th ree fit and proper persons to be

Commissioners for m a k i n g comple t ing and ma in t a in ing Rai lways

t h r o u g h o u t t h e Colony of New South W a l e s and also for ca r ry ing in to

effect al l o ther provisions contained or referred to in th i s A c t A n d t h e Governor shall have power to remove or suspend any person so appo in ted a n d as often as any person so appointed shall die resign or become incapable or shall be removed or suspended i t shall be lawful for the Governor in l ike m a n n e r to appoin t e i ther p e r m a n e n t l y or t emporar i ly as the case may requi re ano ther fit and proper person to be a Commissioner in the place of t h e Commissioner so dying res ign ing or becoming incapable or be ing removed or suspended P ro ­

vided a lways t h a t any two of t he Commissioners for t h e t ime being

m a y con t inue to act no twi ths t and ing one vacancy by any means in

t h e n u m b e r of Commissioners .

3 . The Commissioners so to be appointed as aforesaid a n d the i r successors in office shall be and they are hereby cons t i tu ted a body corpora te by t h e n a m e style and t i t le of " The Commissioners for Ra i lways " and by t h a t n a m e shall have pe rpe tua l succession and a c o m m o n seal a n d shall and may sue and be sued plead a n d be im­ pleaded answer and be answered u n t o defend and be defended in all Cour t s and places whatsoever and shall have power and au tho r i t y to pu rchase a n d hold lands to t h e m and the i r successors and assigns for t h e use of t h e said Rai lways and works a n d general ly for t h e purposes of ca r ry ing th is A c t in to effect and also to sell and dispose of t h e said lands aga in if necessary.

4. One of such Commissioners shall be appoin ted by the Governor to be " C h i e f C o m m i s s i o n e r " and any two of such Commissioners shall form a q u o r u m and such Commissioners or any two of t h e m at a duly cons t i tu ted mee t ing shal l have full power and au tho r i t y to

do all such acts m a t t e r s and th ings as shall be necessary for car ry ing

in to effect t h e purposes of th is A c t and t h e said Chief Commissioner

shal l have t he genera l m a n a g e m e n t and super in tendence of t h e officer;-

of t he said Company a n d of t h e works to be carr ied out b u t	subject
never theless to t h e control of a mee t ing of t h e	Commissioners .

5. The said Commissioners shall appoin t regular periodical t imes of mee t ing and shall also be a t l iber ty to mee t a t all o ther tinier as occasion may requ i re provided tha t no ex t raord inary mee t ing from which any one of such Commissioners shal l be absent shall be deemed to be duly const i tu ted unless the absent Commissioner shal l previously have h a d no t less t h a n twelve hour s not ice of t h e t i m e and place of such m e e t i n g which said not ice shal l be in wr i t ing signed by t h e Secretary and shal l be delivered to such Commissioner in person or left a t his u s u a l place of abode or t r a n s m i t t e d to h i m by post so t h a t he m a y in the ord inary course of t h e post receive t h e same twelve hou r s before

t h e t ime appointed for such mee t ing .

6. The Commissioners shall and may appoin t and employ a Secretary and such engineers surveyors and other officers and such agents servants and w o r k m e n as in the i r discretion they may deem necessary and proper for t he execut ion of the powers and dut ies vested in the said Commissioners by v i r tue of th i s Act .

7. I t shal l he lawful for t h e Governor w i th t h e advice of t h e

Execu t ive Counci l t o borrow from any person or persons u p o n t h e securi ty of t he Genera l Revenues of t he Colony b y t h e sale of Deben tu re s bea r ing in teres t a t a r a t e no t exceeding five per c e n t u m per a n n u m such s u m a n d sums of money as m a y from t ime to t ime be appropr ia ted by Votes and Acts of t h e Legislat ive Counci l for m a k i n g a n d execut ing t h e Ra i lways a n d works hereby author ized to be m a d e and for car ry ing th is A c t in to execut ion and all such sums shall be paid in to t h e hands of t he Colonial Treasurer for t h e t ime being to be by h i m paid over to t h e Commissioners for Rai lways as t h e same may be requi red for t h e purposes of th i s Ac t .

8. I t shall be lawful for t h e Governor to appropr ia te out of t h e moneys to be raised u n d e r t h e au tho r i t y of t he last preceding clause

du r ing t h e year one t housand e ight h u n d r e d and fifty-five al l such s u m and sums of money as he shall deem expedient n o t exceeding in t he whole four h u n d r e d t housand pounds towards t h e m a k i n g a n d execut ing t h e Rai lways a n d works he reby author ized and in a n d towards otherwise carrying th is Ac t in to execut ion and the Treasurer of t he said Colony shall issue and pay all such sums as shall be requi red for t he purposes aforesaid u p o n such days a n d in such propor t ions as t h e Governor for t h e t i m e be ing b y any w a r r a n t or order in wr i t i ng to be signed by h i m shall from t ime to t ime order and direct a n d shall place t he same to t h e credit of t h e Commissioners in such B a n k as t he

Commissioners m a y appoin t .

9. Al l salaries shal l be paid in equal m o n t h l y ins ta lments on

t h e first M o n d a y of each m o n t h a n d all accounts for works performed

for a n d art icles supplied to t he said Commissioners in car ry ing in to effect the provisions of th i s A c t on being duly certified by the p roper officer and passed by the said Commissioners a t any duly convened mee t ing of t h e said Commissioners shal l be for thwi th paid by t h e said Commissioners provided tha t all cheques for t he paymen t of moneys shall be s igned by a t least two of t he Commissioners a n d counters igned by the Secre tary in evidence of the i r hav ing been duly passed.

10. The ent i re expend i tu re of moneys u p o n the said works and

otherwise in ca r ry ing out t h e purposes of th i s Ac t (except in respect of sums awarded by competen t au thor i ty as compensat ion or damages for any loss or in jury sus ta ined by any person in or by t h e execut ion of th i s A c t a n d t h e t axed costs of t h e act ion or proceeding in or unde r which such compensat ion shall have been awarded) shall be subject to

t h e control of t h e Legislat ive Counci l a n d shal l be regula ted by Votes	and Acts of t h e said Counci l i n t he same m a n n e r as t h e ord inary
publ ic expend i tu re of t h e Colony and accounts of all moneys whatsoever received by t h e said Commissioners in re la t ion to t h e works to be executed u n d e r th i s A c t and of t h e expendi tu re thereof shall be laid
before a n d shal l be subject t o examina t ion by t h e said Legis la t ive
Counci l i n t h e same m a n n e r as if t he same were a p a r t of t h e Genera l
Revenues of t h e said Colony.

1 1 . The Secretary or some o ther officer to be appoin ted for t h a t

purpose by the said Commissioners shall in books to be kep t for t h a t purpose and in such m a n n e r and form as t h e Commissioners shall direct en te r t r u e accounts of all moneys received and paid and such books shall a t all t imes be open to t he inspect ion of t he said Com­ missioners and all t h e accounts w i th all t h e vouchers a n d papers re la t ing the re to shall in t h e m o n t h s of J a n u a r y and J u l y be submi t t ed to t he inspect ion of two Aud i to r s to be nomina ted and appointed by a Reso lu t ion of t h e Legislat ive Counci l of t he said Colony for t he purpose

of be ing examined and aud i ted from t h e first day of J a n u a r y to the

th i r t i e th day of J u n e and from t h e first day of J u l y to t h e thir ty-f i rs t

day of December inclusively t h e n respectively p reced ing a n d if t h e

said

said accounts shall he found to be correct t he Aud i to r s shall s ign t he same and certify to the i r correctness and after such accounts shall have been so examined and audi ted in t h e m o n t h of J a n u a r y t he Secretary or o ther officer so to he appoin ted as aforesaid shall m a k e out in wr i t ing and submi t to t h e said Commissioners a full abs t rac t of his accounts for t h e preceding year in such form as t h e Commis­ sioners m a y direct and t h e said Commissioners shall for thwith cause t he same to be p r in t ed and a copy of t he said abs t rac t shall in t h e m o n t h of February n e x t following be publ ished in t he New South

Wales Government Gazette.

12. T h e said Commissioners shall a t such t imes and in such m a n n e r and form as t h e Governor shall direct furnish full and t r u e

repor t s of t he i r proceedings and accounts of all moneys received a n d expended under t h e provisions of th is A c t which repor t s and accounts shall be laid by t h e Government before the Legislat ive Counci l as soon thereafter as pract icable .

13 . I t shal l be lawful for t h e said Commissioners and they are

he reby author ized and empowered by themselves the i r deput ies agents officers w o r k m e n and servants (but subject to t h e approval of t h e Governor) t o commence to m a k e and thereaf ter to complete and m a i n t a i n a single or double l ine of Ra i lway wi th all proper works a n d conveniences connected the rewi th to such pa r t s of t h e Colony as to t h e m shal l appear most expedient and also to m a k e complete a n d ma in t a in all such Rai lways and o ther works as t he Sydney Rai lway

Company were by t h e said reci ted A c t au thor ized to make and for

t h a t purpose all t h e powers r igh t s privi leges in teres ts author i t ies and

immuni t i e s wha tever g ran ted to and all t he duties imposed upon the Sydney Ra i lway Company by t h e firstly reci ted Act except so far as t h e same apply to t he l ine of Rai lway from the City of Sydney to t h e Town of P a r r a m a t t a aforesaid and except so far as t h e y m a y be a l te red by th is A c t shall be possessed by a n d arc hereby imposed on the Commissioners to be appointed as aforesaid and for the purposes of th is Ac t wherever men t ion is made in so m u c h of t h e said firstly

rec i ted A c t as is applicable here to of " t h e C o m p a n y " or " t h e

Sydney Ra i lway Company " or " t h e Directors of t h e said C o m p a n y " t h e enac tmen t shall he read and applied as if t he Commissioners h a d been n a m e d the re in Provided t h a t t h e provisions hereof shall

not apply to t ha t por t ion of t h e l ine of Ra i lway ex tend ing from

t h e City of Sydney to t he Town of P a r r a m a t t a unless H e r Majes ty ' s

Gove rnmen t	shal l have purchased	such por t ion of t h e l ine from	t h e
said Company.

14. I t shall be lawful for t h e Governor by and wi th t he advice of t he Execu t ive Counci l if t he said Governor and Execu t ive Counci l shall t h ink lit so to do in t h e n a m e and on behalf of H e r Majesty to purchase t he Ra i lways a n d other works wi th all the i r lands bui ld ings

and o ther he red i t ament s stock a n d appu r t enances whatsoever belong­

ing to or vested in t h e Sydney Ra i lway Company and the H u n t e r

R ive r Ra i lway Company respectively or e i ther of t h e m and the said Companies are hereby author ized to sell and dispose of the same a t such ra tes or prices as may be agreed upon between t h e Governor and t h e said Companies respectively Provided t h a t the a m o u n t of compen­ sat ion to be paid by H e r Majesty 's Government shall no t wi thou t the fur ther au tho r i t y of t he Legis la tu re in any case exceed the ra te of

seven per c e n t u m upon the a m o u n t of t he capital ac tual ly paid u p in

addi t ion to t h e a m o u n t of t he said capi tal A n d provided also t h a t no such p a y m e n t of seven per c e n t u m shall be payable upon any capital hereafter paid u p by the shareholders of ei ther of the said Companies beyond t h e a m o u n t of t he regula r or ordinary calls author ized by the

said

said reci ted Acts respectively a n d upon t h e complet ion of any such sale t h e Ra i lways and o ther works w i t h all the i r he red i t ament s s tock a n d appur t enances whatsoever a n d all t h e powers au thor i t i es pr ivi leges and immuni t i e s whatsoever be long ing to or possessed by such Com­ pany selling t h e same shall thencefor th be vested in t he said Commis­ sioners and all quest ions of compensat ion for lands t a k e n or injuries commi t t ed by t h e said Companies respectively or e i ther of t h e m shal l be de termined and the a m o u n t paid in accordance wi th t h e

provisions of th i s Ac t .

15. I n t he event of any such purchase being m a d e as in t h e
last p receding clause provided i t shall be lawful for t he Governor

to issue a n d deliver to t h e shareholders at the i r opt ion debentures to

be secured on t h e Genera l R e v e n u e and bear ing in teres t for ever a t

t h e ra tes now gua ran teed by t h e Gove rnmen t to t h e shareholders of

t he said Companies respect ively to t h e ex t en t of the i r pa id-up capi ta l or t o pay the like a m o u n t to such shareholders in money if t hey shal l elect no t to accept such debentures .

16. The said Commissioners are hereby author ized a n d em­ powered to cont rac t and en te r in to cont rac ts and o ther ag reemen t s wi th any person for t he pu rchase of mater ia l s a n d stock and for engag ing to execute perform and cons t ruc t any works hereby au tho ­ rized to be made a n d shall have full power and au thor i ty to employ any agen t they may t h i n k fit in any such m a t t e r s and all such

cont rac t s may be m a d e as follows ( tha t is to s a y ) —

W i t h respect t o any cont rac t which if made between p r iva te

persons would be by law requ i red to be in wr i t i ng and u n d e r seal t h e Commissioners m a y m a k e such cont rac t in

wr i t ing a n d under the i r common seal and in t h e	same
m a n n e r m a y vary or discharge t h e	same
W i t h respect to any cont rac t which if made be tween	pr iva te

persons would be by law requi red to be in wr i t i ng and signed by the par t ies to be charged the rewi th t h e Commis­ sioners m a y m a k e such cont rac t in wr i t ing signed by any

two of t he Commissioners and in t h e same m a n n e r	may
vary or d ischarge t h e same
W i t h respect to any con t rac t which if made between	pr iva te

persons would by law be val id a l t hough made by parole only and not reduced in to wr i t ing t h e Commissioners m a y

m a k e such con t rac t by parole only wi thou t wr i t i ng and	in
t h e same m a n n e r m a y vary or discharge the	same

A n d all cont rac ts made according to t he provisions herein conta ined	shall be effectual in law and shall be b ind ing upon the Commissioners
and the i r successors in office and all o the r par t ies there to the i r heirs executors or admin i s t r a to r s as t h e case m a y be and on any default i n t h e execut ion of any such cont rac t e i ther by the Commissioners or any o ther pa r ty there to such act ion or sui ts m a y be b r o u g h t e i ther by or
agains t the Commissioners as m i g h t be b r o u g h t h a d the same cont rac ts
been made be tween pr iva te pa r t i es only.

17. The Commissioners shal l cause notes m i n u t e s or copies as

t h e case may requ i re of all appo in tmen t s m a d e or cont rac ts entered

in to by t h e m a n d of t he orders a n d proceedings of all m e e t i n g s held by t h e m to be duly entered in books to be from t ime to t ime provided for t h e purpose which shall be kep t u n d e r t h e super in tendence of t h e Commissioners a n d every such en t ry shall be signed by t h e Commis­ sioners or any two of t h e m presen t a t t he mee t ing at which such appo in tmen t s and con t rac t s were m a d e or entered into or au thor ized or a t which such proceedings a n d orders were respectively had or m a d e and such en t ry so signed shall be received as evidence in all Cour t s and before all J u d g e s Jus t i ces and o thers wi thou t proof of such respec­

tive

t ive meet ings hav ing been duly convened or held or of t h e persons m a k i n g or en t e r ing such orders or proceedings be ing Commissioners or of t h e s igna tures of t he said Commissioners all of which last men­

t ioned ma t t e r s shal l be p re sumed unt i l t h e cont rary be proved.

18. W h e n the Commissioners shal l have made and completed t he m a p or p l an and book of reference requi red to be m a d e in respect of a n y l ine of Railway in tended to be m a d e t hey shall give not ice of t h e l ands t aken ascertained set out and requi red for t h e said Rai lway to all t h e par t ies interested in such l and or to the par t ies enabled by th is or t h e first reci ted Ac t to sell a n d convey or release t h e same or such of t h e said par t ies as shall after di l igent i nqu i ry be k n o w n to t he Commissioners and by such notice shall demand from such par t ies a n d the said par t ies are hereby required to deliver to t he said Commissioners t he pa r t i cu la r s of t he i r estate and interes t in such lands and of t he claims made by t h e m in respect thereof and every such not ice shall s ta te t h e pa r t i cu la r s of t he lands so t a k e n set ou t or required as aforesaid and t h a t t h e Commissioners are wi l l ing to t r ea t for the purchase of such of t h e said lands as t h e Commissioners are not au thor ized to t ake w i t h o u t t he previous consent of t h e owner and as to t h e compensa t ion to be m a d e to all par t ies for t h e l ands t aken and the damage t h a t m a y be sus ta ined by t h e m by reason of t he

execut ion of t h e works .

19. Al l not ices requi red to be served by t h e Commissioners

u p o n the par t ies in teres ted in or ent i t led to sell any such l ands shall

e i ther be served personal ly on such par t ies or left a t the i r last usua l place of abode (if a n y such can after dil igent inqu i ry be found) and in case any such par t i es shal l be absent from t h e Colony or cannot be found after di l igent i nqu i ry shall be left wi th t h e occupier of such lands or if there be no such occupier shall be affixed upon some con­ spicuous p a r t of such lands .

20. I f for twenty-one days after t he service of such not ice any such p a r t y shal l fail to t r ea t with t h e Commissioners in respect thereof or if such p a r t y and the Commissioners shal l no t agree as to the a m o u n t of t h e compensat ion to be paid by t h e Commissioners for t he in teres t in such lands be long ing to such p a r t y or which he is by th is or t h e said firstly recited A c t enabled to sell or for any damage t h a t may be sus ta ined by h i m by reason of t he execut ion of t h e works t h e a m o u n t of such compensat ion shall be set t led in t he m a n n e r here­

inafter provided for se t t l ing cases of disputed compensat ion b u t t h e

owner or p a r t y c la iming compensat ion shall no t be a t l iberty to inst i­

t u t e any proceeding for recovery of his c laim u n t i l after t h e expira t ion

of fourteen days from the delivery of t he pa r t i cu la r s requ i red by th is

Act to be furnished by h i m Provided tha t if no claim shal l be made

within twelve m o n t h s after such notice as aforesaid by the p a r t y ent i t led to m a k e such claim t h e same shall be deemed to have been waived and abandoned.

21 . The purchase money or compensat ion to be paid for any

lands to be purchased or t a k e n from any pa r ty unde r any disabil i ty or incapaci ty and no t hav ing power to sell or convey such lands except u n d e r t h e provisions in th i s A c t conta ined and the compensat ion to be pa id for any p e r m a n e n t damage or injury to any such lands shall n o t be less t h a n shall be de te rmined by two Jus t ices or by a rb i t ra to r s

appoin ted in t h e m a n n e r hereinaf ter provided.

22. In all cases where any difference shall arise or if no agree­ m e n t can be come to be tween the Commissioners and the owners of any lands or of any in teres t in any such lands t a k e n or requi red for or injuriously affected by the works of t he said Ra i lways or any works connected the rewi th or by the execut ion of any of t h e powers hereby gran ted ( including a m o n g such owners all par t ies by this or t he said

firstly

firstly reci ted A c t enabled to sell or convey lands) as to t h e va lue of such lands or of any in teres t the re in or as to t h e compensa t ion to be m a d e in respect thereof t h e same shal l be set t led by two Jus t i ces if i n any such case t he compensat ion claimed shall no t exceed one h u n d r e d pounds a n d if the compensat ion claimed or offered in any such case shall exceed one h u n d r e d pounds t h e a m o u n t to be paid by t h e Com­ miss ioners in every such case shall be set t led by a rb i t ra to rs or by a

j u r y in m a n n e r hereinaf ter ment ioned .

23 . I t shall be lawful for any J u s t i c e u p o n the appl ica t ion of

e i ther p a r t y w i th respect to any ques t ion of d i spu ted compensat ion by

th i s Act au thor ized to be sett led by two Jus t i ces to s u m m o n t h e o ther

p a r t y to appear before two Jus t i ces at a time a n d place to be n a m e d

in t h e s u m m o n s and u p o n the appearance of such par t ies or in t h e absence of any of t h e m upon proof of due service of t he summons it shall be lawful for such Jus t i ces to hear a n d de te rmine such ques t ion a n d for t h a t purpose to examine such par t ies or any of t h e m and the i r witnesses upon oa th a n d the costs of every such inqu i ry shal l be in t h e discret ion of such Jus t i ces a n d t h e y shall set t le t he a m o u n t

thereof Provided always t h a t if t he a m o u n t awarded by t h e Jus t i ces

shal l be one-fourth less t h a n the a m o u n t claimed t h e owner of t h e l and or person c la iming compensat ion shall pay to the Commissioners t h e costs of a n d occasioned by the inqui ry .

24. When any quest ion of d isputed compensat ion or any d ispute or o ther m a t t e r au thor ized	or directed by th i s A c t to be	set t led
by a rb i t ra t ion shall have ar isen	t h e n	unless bo th par t ies shall concur

in t h e a p p o i n t m e n t of a single a rb i t ra to r each pa r ty on the reques t of

t he o ther p a r t y shal l n o m i n a t e a n d appoin t a n a rb i t r a to r to whom

such dispute or o ther m a t t e r shall be referred a n d every a p p o i n t m e n t

of an a rb i t r a to r shall be m a d e on the pa r t of t he Commissioners unde r

the i r common seal and on t h e p a r t of any o ther p a r t y unde r t h e h a n d of such pa r ty and such appo in tmen t shall be delivered to t he arbi­ t r a to r or a rb i t ra to rs and shal l be deemed a submission to a rb i t r a t ion

on t h e p a r t of t he pa r ty by w h o m t h e same shall be m a d e and after

any such appo in tment shall have been m a d e ne i ther pa r ty shall have power to revoke the same wi thou t t h e consent of t h e o ther nor shall t h e dea th of ei ther p a r t y opera te as a revocat ion and if for t h e space of fourteen days after any such dispute or other m a t t e r shall have arisen and after a reques t in wr i t i ng in wh ich shall be s tated t h e m a t t e r so requ i red to be referred to a rb i t r a t ion shall have been served by t h e one pa r ty on t h e other pa r ty to appoin t an a rb i t ra to r such last-

men t ioned pa r ty shal l fail to appoint such a rb i t ra to r t h e n upon such

failure t he p a r t y m a k i n g the reques t and hav ing himself appoin ted a n

a rb i t r a to r may appoint such a rb i t r a to r t o act on behalf of both par t ies

and such a rb i t ra tor may proceed to hear and de te rmine t h e m a t t e r s which shall be in dispute a n d in such case t h e award or de t e rmina t ion of such single a rb i t ra to r shall be final and conclusive except as

hereinaf ter provided.

25. I f before t h e m a t t e r so referred shall be de te rmined any

a rb i t r a to r appoin ted by e i ther p a r t y die or become incapable or refuse

or for fourteen days neglect t o act as a rb i t r a to r t h e p a r t y by w h o m

such a rb i t r a to r was appointed m a y nomina t e and appoin t in wr i t ing some o the r person to ac t in his place and if for t he space of seven days after not ice in wr i t ing from the o ther p a r t y for t h a t purpose he

fail to do so t he	r ema in ing or o ther	a rb i t ra to r may proceed alone a n d
every a rb i t r a to r	so to be subs t i tu ted	as aforesaid shall have t h e same

powers and au thor i t ies as were vested in t he former a rb i t ra to r a t t h e

t ime of such his dea th refusal neglect or disability as aforesaid.

20. W h e r e m o r e t h a n one a rb i t ra to r shall have been appoin ted

such a rb i t ra to rs shal l before they enter upon t h e m a t t e r s referred to

t h e m

t h e m nomina te and appoin t by wr i t ing unde r the i r hands a n u m p i r e to decide a n y m a t t e r s on which t hey shall differ or which shall be referred to h i m unde r the provisions of this Act and if such ump i r e shall die or refuse or for seven days neglect to act after be ing called upon to do so by t h e a rb i t ra to r s t hey shall for thwi th after such death refusal or neglect appoint ano ther u m p i r e in his place and the decision of every such umpire on t h e m a t t e r s so referred to h im shall be final.

27. I f in e i ther of t h e cases aforesaid t he a rb i t ra to r s shall

refuse or shal l for seven days after request of e i ther p a r t y to such a rb i t ra t ion neglect to appoin t an u m p i r e i t shall be lawful for any

J u d g e	of t h e	Supreme Cour t on t he appl ica t ion of e i ther p a r t y to	such
a rb i t ra t ion to appoin t an	ump i r e and	the	decision of such ump i r e on

t h e m a t t e r s on which the a rb i t ra to rs shall differ or which shal l be

referred to h i m under th i s Act shal l be final.

28. If when a single a rb i t ra tor shall have been appoin ted such

a rb i t ra to r shal l die or become incapable or shall refuse or for	fourteen
days neglect t o act before he shall have m a d e his award the	ma t t e r s
referred	to h i m shal l be determined by arb i t ra t ion unde r t h e pro­

visions of th i s Ac t in the same m a n n e r as if such a rb i t r a to r had not

been appoin ted .

29. I f where more t h a n one a rb i t ra tor shall have been

appoin ted e i ther of t he a rb i t ra tors refuse or for	seven days neglect	to
act t h e o ther a rb i t ra to r	m a y proceed	alone and the decision of such

o ther a rb i t r a to r shall be as effectual as if he h a d been the single

a rb i t r a to r appoin ted by bo th par t ies .

30. I f where more t h a n one arb i t ra tor shall have been appointed and where ne i ther of t h e m shall refuse or neglect to act as aforesaid such arb i t ra tors shall fail to m a k e the i r award wi th in twen ty - one days after t he day on which the last of such arb i t ra tors shall have been appointed or wi th in such extended t ime (if any) as shall have been appoin ted for t h a t purpose by bo th of such arb i t ra tors unde r

t he i r hands t h e m a t t e r s referred to t h e m shall be de termined by the

u m p i r e appointed as aforesaid.

3 1 . The said a rb i t ra tors or the i r ump i r e may call for t he

produc t ion of any documents in the possession or power of ei ther pa r ty which t hey or he m a y t h i n k necessary for de te rmin ing the ques t ion in d ispute and m a y examine the par t ies or the i r witnesses on

oa th and adminis te r t he oa ths necessary for t h a t purpose .

32 . Before any a rb i t ra tor or ump i r e shall en ter into t h e

considerat ion of any ma t t e r s referred to h i m he shal l in t he	presence
of a Ju s t i ce of the Peace m a k e and subscribe t h e following declara­ t ion t h a t is to say—

I A. B . do solemnly and sincerely declare t ha t I will faithfully
and hones t ly and to t he best of m y skill and abil i ty hear

and de te rmine the mat te r s referred to m e u n d e r t he pro­

visions of the A c t passed " To make provision for the

" construction by the Government of Railways in the

" Colony of New South Wales" A. B .

Made and subscribed in t he presence of

A n d such declarat ion shall be annexed to t he award when made and if any a rb i t r a to r or umpi re hav ing made such declarat ion shall wil­ fully act con t ra ry there to he shall be gui l ty of a misdemeanor .

33 . Al l t h e costs of any such arb i t ra t ion and incident the re to

to bo set t led by the a rb i t ra tors shall be borne by the Commissioners

unless t h e a rb i t ra to rs shall award t he same or a less sum t h a n shall have been offered by t h e Commissioners in which case each pa r ty shall bear his own costs inc ident t o t h e a rb i t ra t ion and t h e costs of t he arb i t ra tors shall be borne by t h e par t ies in equal propor t ions b u t if t he s u m awarded shall be one-fourth less t h a n the amoun t claimed the

3 I—VOL . 4 . whole

whole costs of and incident to t h e a rb i t ra t ion and award shall be borne b y t h e c la imant and t h e a rb i t ra to rs shal l direct t he p a y m e n t of t h e

same accordingly provided t h a t if e i ther pa r ty shall be	dissatisfied
wi th t he costs al lowed by t h e a rb i t ra tors as aforesaid t h e costs m a y	be

taxed by the P r o t h o n o t a r y or o ther p roper officer of t h e Supreme Cour t and the a m o u n t allowed by such officer shall be t he a m o u n t to be paid.

34. The a rb i t ra tors shal l deliver the i r award in wr i t ing to the

Commissioners a n d the Commissioners shall re ta in t h e same and shall for thwi th on demand a t the i r own expense furnish a copy thereof to the o ther p a r t y and shal l at all t imes on demand produce t h e said award and allow t h e same to be inspected or examined by such p a r t y or any person appointed by h i m for t h a t purpose .

35 . The submission to any such arb i t ra t ion may be made a ru le

of t h e Supreme Cour t on the appl icat ion of e i ther of t he par t ies .

36. N o award m a d e wi th respect t o any quest ion referred to

a rb i t ra t ion unde r t he provisions of th i s Ac t shal l be set aside for

i r regu la r i ty or er ror in m a t t e r of form.

37. I f t h e compensat ion awarded by the a rb i t r a to r s shall exceed

t h e sum of th ree h u n d r e d pounds and ei ther p a r t y shall be dissatisfied wi th t h e award and shall desire to have t h e compensat ion set t led by a j u r y of twelve special j u ro r s and shal l wi th in fourteen days after t h e m a k i n g of t he award and not ice thereof signify such desire by not ice in wr i t ing to t h e o ther pa r ty t h e n no steps shall be t a k e n to enforce performance of t he award b u t t he pa r ty c la iming compensa t ion shall proceed by act ion in t he Supreme Cour t in t h e usua l mode to recover from the Commissioners t h e compensat ion to which he may be ent i t led u n d e r t h e provisions of th i s Ac t A n d if upon t h e t r ia l of the said act ion t he verdict shall be for a grea ter s u m t h a n the sum previously awarded by t h e a rb i t ra tors all t h e costs of t h e said action and of the a rb i t ra t ion and award shall be borne by the said Commis­ sioners and if t he verdict be given for a less sum t h a n t h e s u m so awarded all t h e costs of the said act ion and of t he a rb i t ra t ion and award shall be borne by the owner or c la imant b u t if t he verdict of the j u r y shall be for t h e same sum awarded by the a rb i t ra to rs al l t he costs of the said act ion and of t he arb i t ra t ion and award shall be paid by t h e pa r ty requ i r ing t h e same to be referred to a j u r y a n d in every such case t h e costs of t he a rb i t ra t ion shall be added to and be recover­ able as t h e costs of t h e action.

38. The purchase money or compensat ion to be paid for any

lands to be purchased or t aken by t h e Commissioners from any par ty

who by reason of absence from t h e Colony is p revented from t r e a t i n g or who cannot after dil igent inqui ry be found and t h e compensat ion to be paid for any p e r m a n e n t in jury to such lands shall be such as shall be de te rmined by the va lua t ion of a surveyor nomina ted for t h a t

purpose as hereinaf ter ment ioned .

39. U p o n applicat ion by t h e Commissioners to two Jus t i ces

and upon such proof as shall be satisfactory to t h e m t h a t any such par ty is by reason of absence from t h e Colony preven ted from t r ea t ing

or cannot after di l igent inqui ry be found such Jus t i ces shal l by wr i t ing

under the i r h a n d s nomina t e an able pract ica l surveyor for de te rmin ing such compensat ion as aforesaid and such surveyor shal l de te rmine t h e same accordingly and shall annex to his va lua t ion a declarat ion in wr i t ing subscribed by him of the correctness thereof.

40. Before such surveyor shall en te r upon t h e du ty of m a k i n g

such va lua t ion as aforesaid he shall in t he presence of such Jus t i ce s

or one of t h e m m a k e and subscribe t h e following declarat ion a t t h e

foot of such nomina t ion t h a t is to say—

I

I A . B . do solemnly and sincerely declare t h a t I will faithfully

impar t i a l ly and honest ly according to t h e best of m y skill

a n d abil i ty execute t he d u t y of m a k i n g the va luat ion

he reby referred to me

M a d e and subscribed in t he A.B.

presence of

A n d if	a n y surveyor shall cor rupt ly m a k e such declarat ion	or	h a v i n g
m a d e such declarat ion	shall wilfully act	con t ra ry there to	h e shal l be

gu i l ty of a misdemeanor A n d t h e said nomina t ion a n d declarat ion shall be annexed to t h e va luat ion to be made by such surveyor and shall be del ivered to t he Commissioners to be kep t for t he purpose and in t he m a n n e r hereinbefore provided in case of awards and all t h e expenses of and incident to every such valuat ion shall be borne by the said Commissioners.

4 1 . I n es t imat ing t h e purchase money or compensat ion to

be paid by the Commissioners in any of t h e cases aforesaid regard shall be had by the Jus t i ces a rb i t ra to rs j u r y or surveyors as the case m a y be not only to t he value of t h e land to be purchased or t aken by t h e Commissioners b u t also to t h e damage (if any) to be sustained by the owner of the lands by reason of t h e severing of the lands t a k e n from t h e other lands of such owner or otherwise injuriously affecting such other lands by the exercise of t he powers of th is A c t or t h e said firstly reci ted Ac t and they shall assess t h e same according to w h a t t hey shall find to have been t h e value of such lands estate or interest at t h e t i m e not ice was given of such lands be ing requi red for t he Ra i lway a n d o ther works and t h e said Jus t i ces a rb i t ra tors j u r y and surveyors in assessing such compensat ion are author ized and empowered and shall t ake in to considerat ion t h e enhancemen t in value of t he adjoining l and belonging to t he pa r ty to w h o m compen­ sat ion is to be made by the increased facilities of access to t he different s ta t ions and t e rmin i of t he said Rai lways or otherwise by reason of t h e m a k i n g of such Rai lways in reduc t ion of such compen­ sation.

42. I n all cases where compensat ion shall be de te rmined as aforesaid t he Commissioners are he reby requ i red to pay t h e a m o u n t

of t he said compensat ion to t h e p a r t y lawfully ent i t led the re to or to

his agen t duly author ized in his behalf wi th in one m o n t h nex t after

t he a m o u n t of t h e said compensat ion shall have been de termined bu t in every such case t he p a r t y c la iming paymen t shall be bound to m a k e out a t i t le to t h e said lands or to t he in teres t claimed by h im

there in to t he satisfaction of t he said Commissioners.

43 . I f t he purchase money or compensat ion which shall be payable in respect of any lands or any in teres t there in purchased or t a k e n by t h e Commissioners from any corporat ion t e n a n t for life or in ta i l mar r i ed woman seised in her own r igh t or ent i t led to dower gua rd ian commit tee of luna t i c or idiot t rus tee executor or admin is t ra to r or person hav ing a pa r t i a l or qualified interest only in such lands and not en t i t led to sell or convey t h e same except unde r t h e provisions of t h i s Act or t he compensat ion to be paid for any pe rmanen t damage to any such lands a m o u n t to or exceed t h e s u m of two h u n d r e d pounds t h e same shall be pa id in to t h e hands

of t h e Mas te r in E q u i t y to be by h im deposited in one of t h e B a n k s

in t he City of Sydney to t h e account t he r e of such Mas te r in E q u i t y

ex parte t h e " Commissioners for Ra i lways " in t he m a t t e r of A and B

( the pa r ty ent i t led) p u r s u a n t to t h e method prescr ibed by any A c t or

by any ru les for t h e t i m e be ing in force for regu la t ing moneys paid

in to t h e Supreme Cour t in i ts Equ i t ab le Jur isd ic t ion and such money shall r emain so deposited un t i l the same be applied to some one or more of t he following purposes ( tha t is to s a y ) — I n the r edempt ion of

t he

the qui t r e n t or t h e discharge of any debt or i ncumbrance affecting the land in respect of which such money shall have been paid or affecting o ther lands set t led the rewi th to t he same or t h e l ike uses t ru s t s or purposes or in t he purchase of other lands to be conveyed l imi ted a n d set t led u p o n t h e l ike uses t r u s t s and purposes a n d in t he same m a n n e r as t he lands in respect of which such money shall have been paid stood sett led or if such money shall be paid in respect of any bui ld ings t aken u n d e r t h e au thor i ty of th i s A c t or injured by t h e p rox imi ty of t h e works in removing or rep lac ing such bui ld ings or subs t i tu t ing o thers in the i r s tead in such m a n n e r as t he Supreme

Cour t or t he p r imary J u d g e in E q u i t y shall direct or in p a y m e n t to

any p a r t y becoming absolutely ent i t led to such	money .
44. Such money m a y be so applied as aforesaid upon an order of the said Cour t or t he p r imary J u d g e in E q u i t y made on the	pet i t ion

of t h e pa r ty who would have been ent i t led to t h e ren t s and profits of t he lands in respect of which such money shal l have been deposited and u n t i l the money can be so appl ied i t may u p o n t h e l ike order be invested by the said Mas t e r in E q u i t y in t he purchase of Government or real securit ies and the in teres t dividends and annua l proceeds thereof pa id to t h e p a r t y who would for t he t ime being have been ent i t led to t he rents and profits of t h e lands .

45 . I f such purchase money or compensat ion shall no t a m o u n t

to t h e two hund red pounds and shall exceed t h e s u m of twen ty pounds the same shall e i ther be paid in to t he bank and applied in t he m a n n e r hereinbefore directed wi th respect to sums a m o u n t i n g to or exceeding two h u n d r e d pounds or t he same m a y lawfully be paid to two t rus tees to be nomina ted by the par t ies ent i t led to t he ren t s or profits of t h e lands in respect whereof t he same shall be payable such nomina t ion to be signified by wr i t ing unde r t h e h a n d s of t he p a r t y so ent i t led and in case of t he cover ture infancy lunacy or o ther incapaci ty of t h e part ies ent i t led to such moneys such nomina t ion may lawfully be made by the i r respect ive husbands guard ians commit tees or t rus tees b u t

such las t -ment ioned appl icat ion of t he moneys shall no t be m a d e

unless t he Commissioners approve thereof and of t h e t rus tees n a m e d for t he purpose and the money so paid to such t rus tees and t h e produce ar is ing therefrom shall be by such t rus tees applied in t h e m a n n e r hereinbefore directed wi th respect to money paid in to a b a n k b u t i t shall no t be necessary to obta in any order of t he Cour t for t h a t purpose and if such moneys shall no t exceed t h e sum of t w e n t y pounds t h e

same shall be paid to t he par t ies ent i t led to t he rents and profits of
t he lands in respect whereof t h e same shall be payable for the i r own
use and benefit or in case of cover ture infancy lunacy or o ther inca­ paci ty of such par t ies t hen such money shall be paid for the i r use to

t he respect ive husbands guard ians commit tees or t rus tees of	such
persons.

46. Al l p a y m e n t s which shall be made by the Commissioners

in any of t he cases aforesaid to t he par t ies ent i t led unde r th i s A c t to receive t he same shall be a good and valid discharge to t h e Com­ missioners and they shall no t be bound or requi red to see to t h e appli­ cation of any of t he moneys paid to t h e Mas te r in E q u i t y or o ther person by v i r tue hereof or to see to t he performance of any t rus ts .

47. From and after t he pass ing of th i s Act t he following clauses in t h e said firstly recited Act namely t he thir ty-second to t he th i r ty - seven th sections inclusively shall be and the same are hereby repealed and all quest ions of compensat ion between t h e Sydney Ra i lway Company and the owners and occupiers of l and a n d all o ther persons c la iming compensat ion for any mat t e r or t h i n g done

unde r t he au thor i ty of t he said Ac t shall be set t led and de te rmined

under

under and subject to and in accordance wi th t he provisions contained in th is A c t and for t h a t purpose t he several clauses re la t ing to d isputed compensation shal l be deemed to apply as effectually as if t h e Sydney Rai lway Company had been ment ioned there in .

48 . In case a major i ty of proprie tors of shares in ei ther of t he said Companies presen t in person or by p roxy a t any general mee t ing of t he said Company shall resolve t h a t i t is expedient to dissolve t h e Company a n d to sell or dispose of t he Ra i lways and o ther p roper ty works and effects of t h e Company to H e r Majesty 's Government an ex t rao rd ina ry general meet ing shall be called for t he purpose of recon­ sidering such resolut ion and of affirming or disaffirming the same a n d if at such las t -ment ioned meet ing the same or any modification thereof subs tant ia l ly in accordance the rewi th shall be adopted by a resolut ion agreed to by a majori ty of the votes of t h e proprie tors p resen t then such dissolution and sale shall t ake place or be made a n d the said Rai lways and other p roper ty works a n d effects shall be t ransfer red accordingly Provided always t h a t un t i l all necessary a r r angemen t s shall be m a d e by the Directors (who are hereby empowered to m a k e the same) for ca r ry ing such las t -ment ioned resolut ion into complete effect and un t i l all claims and demands upon t h e Company shall have been satisfied and all acts r ema in ing to be done by t h e Company shall have been completed t h e several provisions contained in the i r Act of Incor­ pora t ion a n d all powers privileges r igh t s and duties of t he Directors and of t h e shareholders respectively shall no twi ths tand ing such reso­ lu t ion as last aforesaid remain and cont inue in full force so far as the same m a y be necessary for t he wind ing u p t h e concerns of t h e Com­ p a n y a n d m a k i n g all such necessary a r r angemen t s for car ry ing such resolution in to complete effect and for enabl ing the Direc tors to pay and satisfy all claims and demands upon t h e Company or to m a k e a division amongs t t he shareholders of t h e r emain ing assets of the Company.

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