Railways Act of 1914 (5 Geo v No. 24) (Qld)

6200 s.1. PRINTING.-RAILWAYS AND 'l'RAMWAYS. Railways Act. 5 GEO. V. No. 24:, proposes to carry on [or is carrying on] the business of vending a news- paper named the , nnd the said company is the pro- prietor thereof. 2. The [intended] printer thereof is H.F. [name of individual person], of 3. The [intended] publisher thereof is a.H. [name of individual pel'son], of 4. The [intended] place of printing the same is 5. The above-mentioned 'names, additiom, and places of abode and descriptions of premises nnd the name of the said company are the true IInd real name~ , addresses, and places of IIbode and descriptions of the several persons to whom and of the premises to which they respectively refer. Signed and sworn by all the abovenamed ') deponents lit this day I A.B. of ,19 . ~ C.D. Before me, I RF. M.N., I a.H. A Commissioner for Affidavits [or J .P.]. ) PURE SEEDS. See A GI!ICVLTURE. RAILLESS TRACTION. See R.!.ILW.!.YS. RAILWAYS AND TRAMWAYS. Railways Act of 1914 Railless Traction Act of 1914 .... ... 5 Geo. V. No. 24 ... 5 Geo. V. No. 28 5 N G o e . o 2 . 4 V . . An Act to Consolidate and Amend the Laws with THE HAlLWAYS ACT 01<' 1914. respect to the Construction, Maintenance, Management, and Working of the Railways of the State, and the Appointment, Promotion, Discipline, and Regulation of the Railway Service, and for other purposes connected therewith. [ASSENTED TO 171'H DECEMBER, 1914.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Oouncil and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- PART I.- PRELIMINARY. PART I.-PRELIMINARY. Short. title. 1. 'I'h.is Act may be cited as " The Railways Act of 1914."

1914. RAILWAYS AND 'l'RAMWAYS. Railways .Act. ss. 2-4. G291 PART 1.-- PRELDfINARY. 2. 'J.1his Act is divided into Parts, as follows : - PART I.-PRELIMINARY; Parts. PART II.-THE OOMM_ISSlON ER AND S'I'AFF; PART III.·-ApPROVAI., QONSTRUCTioN, AND MAIN- 'I'ENANCE OF RAILWAYS; PAR'I' IV.-RAILWAY DIS1'RICTS; PAM' V.-ADMINIS1'RATION; PART VI.-GENERAL PROVISIONS. 3 S'ave as is herein otherwise provided, this Act Oommence- shall come into operation on the first day of January, one ment of Act. thousand nine hundred and fifteen. 4. The Acts mentioned in the Schedule to this Act Repeal. are repealed : Provided as follows:- (i.) All State railways, and all lands, structures, General dams, easements, undertakings, and works saving. heretofore constructed, acquired, maintained, worked, or used f()r the purposes of or in connection with any State railway, shall be deemed to have been lawfully constructed, acquired, maintained, worked, and used, and, unless herein otherwise provided, shall be subject to this Act. (ii.) All employees in the service at the commence- Existing ment of this Act shall be deemed to have been employees. appointed by the Oommissioner under this Aet. "*. (iii.) Nothing in this Act shall prejudice or affeet S.aving of any emp 1 oyee m . tlle serVlce In rt1spect 0 f l l ' IS r to l ' " " h ot t I 8 i~e & r8 c . . ' right to any compensation or retiring allow- 188:<, s. 6G. ance, or to any other right, privilege, 01' immunity under "The Civil Service Act of 1863" or "The Civil Bel'vice Act of 1863 Extension Act."* (iv.) All rules, regulations, and by-laws in force Existing at the commencement of this Act having rules, . re f erenceto the Stat e ra1' lways, anc 1 not ' mcon- r a e n g d ul b a y tl - O la n w s s , . sistent with this Act, shall be read and 1888, "_13. construed as if the same had been made and shall be deemed to have been made as by-laws under the authority of this Act, and shall be and remain in full force until altere(l or repealed under the authority of this Act. * 27 Vie. No. 18 and 28 Vie. No. 12, repealed (see Historical Table, Index Volume).

6292 PART 1.- PRELIMINARY. s. 5. RAILWAYS AND TRAMWAYS. RaiZ1vays Act. 5 GEO. V. No. 24, 1nl erpreta. 5. In this Act, unless the context otherwise indicates, 1 li 8 o 6 n 3 . , s. 142. the following terms have the meanings set against them 1880, s. 1. respectively, that is to say- 1888, s. 4. 1896, s. 3. 1906, s. 3. B~· . laws. "By-laws"--By-laws made or deemed to be made under this Act; Charge. "Charge" includes any rate, fare, charge, or other payment payable for any passenger, or goods conveyed by railway; Commis· sioner. "Commissioner"-The Commissioner for Railways holding that office at the commencement of this Act, and any Commissioner for Railways appointed under this Act; Department. "Department "-The.Railway Department; Employee. "Employee"-Any person whomsoever employed by the Commissioner under this Act; Goods. "Goods" includes things of every kind conveyed by railway; Land Court; Land Appeal Oourt. "Land Court" and "Land Appeal Court"- Respectively the Land Court and Land Appeal Court constituted under "The Land A.ct of 1910"*: the term" Court" includes the Land Court and, on appeal, the Land Appeal Court; Local Authorities Acts. Local Authority. " Local Authorities Acts"-" The Local A. uthvrities A.cts, 1902 to 1913,"t and any Act amending or in substitution for those Acts; "Local Au~ ority" - - A Local Authority within the meaning of the Local Auth.orities Acts; Minister. "Minister"-The Secretary for Railways or other Minister of the Crown for the time being charged with the administration of this Act; Owner. "Owner" used with respect to land-The owner in fee-simple and all persons having any estate or interest therein; . Prescribed. " Prescribed "-Prescribed by this Act; Railway. "Railway"-Any railway or tramway and any part or portion, extension, or branch of any railway. or tramway constructed or worked under this Act, and ·vested in the Commissioner: the * 1 Geo. V. No. 15, 8upra, page 1347. t 2 Edw. VII. No. 19 and amending Acts,8upra, pages 1860 et 8eq., 5653, and 5918.

1914. HAlLWAYS AND TRAMWAYS. Railways Act. s. 6. 6293' PART I.- PRELIMINARY. term, where necessary, includes all lands, buildings, structures, works, matters, and con- veniences connected therewith or appurtenant thereto; "Rateable Land "-Rateable land as defined by Rateable section one hundred and ninety-three of the land. Local Authorities Acts; "Ratepayer"-Any person who is named in the Ratepayer. rate book of a Local Authority as the owner or occupier of rateable land; "Registrar of Titles" includes any local Deputy R~ gistrar of Registrar of Titles; TItles. "Road "-Any road, street, highway, or thorough- Road. fare, and any bridge or culvert on a road; " Secretary"-The Secretary to the Commissioner; Secretary. " Service"-Service in the Department; Service. "'rhis Act "-This Act and the by-laws and any This Act. Order in Council or Proclamation made there- under: the term also includes the provisions of any other Act which confer powers or jurisdic- tion upon the Commissioner; " Ticket" -Any ticket, pass, symbol, or other evi- Ticket, dence of a right or liberty to travel as a pas- senger upon any railway, of whatever material such ticket consists; " Vessel "-Any ship, barge, lighter, or boat howso- Vessel. ever propelled. PART II.- THE OOMMIS- PART II.-THE COMMISSIONER AND STAFF. SIONER AND STAFF. 6. (1.) The Governor in Oouncil may from time to Appointment toi f mteh, eby· Stcaotem, mapispsoiom.n t uand c eormhnins . sSh . laOnnderan 1 .v 0 d 1' tRhea' 1lPwuabylsicfoSreaal om 1 f 9 l.S 0 OS 2 ? l , Om s n . - e 2 r. . term not exceeding seven years. (2.) Upon such appointment all the functions, duties, rights, liabilities, privileges, and powers imposed and COll- fel'red upon the Oommissioner, under this Act or any othel' Act shall be vested in and be performed and exercised by such Oommissioner. (3.) 'rhe Oommissioner for Railways holding office at the commencement of this Act shall continue in office as such Commissioner, and shall be deemed to have been appointed under and subject to this Act, but at any time during his present term of office or on the expiration thereof he may be reappointed under this Act.

62fl4. PART II.- THE COMMIS- SIONER AND ss. 7-10. IlAILWAYS AND TRAMWAYS. - - - - - - - .. - - - - - . - - - - ..... Railways Act. 5 GEO. Y. No. 24, STAFF. Salal'v of COIl1-' missioner. lOO!), 8. 2. 7. (1.) 'J.1he Commissioner shall, during his continu- ance in office, receive an annual salary, to be fixed by the Governor in Council, but not exceeding two thousand five hundred pounds. (2.) Such salary shall he a charge upon and he paid out of the Consolidated Revenue, which is hereby permanently appropriated for that purpose. COlllmissioner 8. (1.) The Commissioner, representing the Crown, to be a . shall be a c'1rporation sole by the name of "The Commis. wcoler- ppoowraetrIson S . IOner f or\ 1 ;a )' l 1 ways, " an( 1 b y. tl la t name sha 11 I lave per- and liability. petual succession and an official seal which shall be 18~ l( j, e. 9. judicially noticed, and shall be capable in law of suing and being sued, and shall have power to take, purchase, sell, exchange, lease, and hold land, goods, chattels, and other property. 'fhe Commissioner, as ~ uch corporation, for all the purposes of this Act, shall have and may exercise all the powers, privileges, rights, and remedies of the Crown. (2.) But, save as by this Act is expressly provided, no exchange, sale, or lease of any land vested in the Commis- sioner shall have any effect unless or until the same has heen approved by the Governor in Council. Disabilities. 9. The Commissioner shall not be a member of the 1888, s. 7 (2). Executive Council or of either House of Parliament, and shall not act as a director, or auditor, or in any other capacity take part in the management of any bank, joint- stock company, or other financial institution, or of any trade or business, or acquire or hold any interest in any land which may be required to be acquired, taken, or occu- pied for the purposes of this Act; and in any such case s~ lall be disqualified from holding the office of Commis- SIOner. Suspensioll 10. (1.) The Commissioner may be suspended from f a r n o d mJ'oefmfiocev. al his office by the Governor in Council, but shall not be 1888, s. 11. removed from office except as hereinafter provided. (2.) If the Commissioner is so suspended, the Minister shall cause to be laid before both Houses of IJarliament a full statement of the grounds of such sus- pension within seven days thereafter if Parliament is in session and fictually sitting, and, when Parliament is not in session or not actually sitting, within seven days after the commencement of the ned session or sitting.

RAILWAYS AND TRAMWAYS. s. 11 - 13. 6295 1914. _Railways Act. PART II.— THE COMMIS- SIONER AND STAFF. (3.) The Commissioner so suspended shall be restored to office unless the Legislative Council and the Legislative Assembly, within twenty-one days froth the time when such statement has been laid before them respectively, severally declare by resolution that the Commissioner ought to be removed from office; and if within the said time the Legislative Council and the Legislative Assembly so declare, the Commissioner shall be removed by the. Governor in Council accordingly. 11. The Commissioner shall be deemed to have office, how vacated his office— otherwise vacated. (i.) If he is or becomes disqualified under this Act 1888' s. 12. from holding the office of Commissioner; (ii.) If he engages, during his term of office, in any employment outside the duties of his office; (iii.) If he becomes insolvent, or institutes proceed- ings. for liquidation of his affairs by arrange- ment or composition with, or assigns his salary for the benefit of, his creditors; (iv.) If he absents himself from duty for a period of fourteen consecutive days except on leave granted by the Governor in Council (which leave is hereby authorised to be granted), or becomes incapable of performing his duties; (v.) If he becomes in any way concerned or interested in any contract or agreement made by or on behalf of the .Commissioner, or in anywise participates or claims to be entitled to parti- cipate in the profit thereof or in any benefit or emolument arising therefrom. Com 1 m 2 i . ssOionnethre, wochceutrhreenr cbeyoeffafniuyxvioacnaonfcytiimnethoerooftfhiceerwofisGeo, vveiarvpnaorimoiyen! the Governor in Council may appoint a person to fill the 1896, S. 8. vacancy. 13. (1,) The Governor in Council may appoint a Deputy Deputy Commissioner for a term not exceeding seven years. TThhee Deputy Commissioner shall, at any time 1896, 8. it during the term of his appointment, be subject to suspen- sion or removal from office by the Governor in Council on the grounds of incompetence or .misconduct. (2.) The Deputy Commissioner shall, during his con- tinuance of office, receive such salary as Parliament from time to time appropriates for that purpose.

6296 ss. 14-17. RAILWAYS AND 'fRAMWAYS. PABTII.- THE COMMIS- SIONEBAND STAFF. Railways Act. 5 GEO. Y. No. 21, Duty of 14. Except as is hereinafter provided, the Deputy D 18 e 9 p 6 u , t s y . . 12. Oommissioner shall, subject to the direction and control of the Oommissioner, assist him in the general management, inspection, and supervision of the railways. When Deputy 15. (1.) In case of the illness, suspension, or absence c:~ : !_ as of the Oommissioner, the Deputy Commissioner shall, sioner. during such illness, suspension, or absence, have and 1896, s. 13. exercise all the powers and perform all the duties of the Oommissioner. (2.) In case of the death of the Oommissioner, the Deputy Oommissioner shall asslime and exercise all the powers and authorities and perform all the duties of the Oommissioner until a new Oommissioner is appointed. Monthly 16. For the purpose of discussing and facilitating the Co= ~ : e of business of the Department, the Oommissioner shall, at sioner, least once a month, meet in conference the Deputy ~ :d~ t;~ 1I of Oommissioner and the respective heads, for the time being, branches. of the Engineering, Traffic, and Locomotive branches of 1896,8.14. the Department, all of whom shall, if possible, be present at the same time. 'fhe proceedings shall be conducted in such manner as to the Commissioner seems most convenient for the speedy and effectual despatch of business. Minutes of the proceedings thereat shall be kept in such manner and form as the Commissioner directs. e oS m tehc p er l er o t y a e r e y s a . nd who, 1 s 7 u . bj (1 ec .) t ' tlo' hethCeomdimreicsstiioonnerofshthalel aCpopmominitssaioSneecrr,etsahJ' aYl,l 1888, s. 41'1. have power to execute documents on his behalf and affix the seal of the Commissioner thereto. He shall also have such other powers and perform such other duties as are from time to time appointed by the Commissioner. (2.) The Commissioner shall appoint and employ a Chief Engineer and such officers, clerks, and other employees to assist in the execution of this Act as he thinks necessary. (3.) Unless in any case the Governor in Council otherwise directs, every employee shall hold office during pleasure only. . (4.) The Commissioner may dismiss any employee; and may discontinue the offices of or appoint other persons in the place of employees who are dismissed, or die, or resign, or vacate office as hereinafter provided.

RAILWAYS AND TRAMWAYS. ss. 18-21. 6297 1914. Railways. Act. PART 11.- . THE Co MMIll- SIONERAND STAr,.. (5.) The Commissioner shall pay such salaries, wages, and allowances to the employees respectively as Parlia- ment from time to time appropriates for that purpose. (6.) No employee shall, without the permission of the Commissioner, engage in any employment outside the duties of his office. 18. (1.) The Commissioner may appoint, to hold Examiner!'. office during pleasure only, two or more persons tobet: ; ~ ss. 31 examiners of' candidates seeking employment in the service . and, where neces~ ary, of employees who are candidates for promotion to the higher grades in the service. (2.) Except in the case of temporary employment, no person shall be appointed to the service who has not .obtained a certificate of fitness from the examiners. 19. The period of temporary employment in thePerioji of . service shall not exceed six months' continuous work : .. > ~ m/ r~ ; ~ ~ nt. Provided that where the duties to be performed are 1896, s. 35. exceptional the Commissioner may extend the period as he thinks fit. 20. (1.) Every appointment shall be made to the Appoint- lowest grade in each of the various branches of the service, ~ e~ : d: ~ w to and on probation only, for a period of six months. 1888, s. 53. .After the period of probation, and upon production of a certificate of fitness from the head of' the branch in which the probationer was employed, and upon proof to the satisfaction of the Commissioner that this .Act has been complied with, the appointment may be confirmed by the Commissioner. (2.) Notwithstanding anything in this Act contained, the Commissioner may appoint to any position or grade, if he thinks fit, without examination, persons of known ability not employed in the service. . But no such appointment shall be made unless the Commissioner has previously certified under his seal to the Governor in Oouncil that there is no person in the service fit and qualified to be promoted to such appointment, and has obtained his sanction to such appointment. 21. (1.) When any vacancy occurs in any branch ofHow the servi~e not ?pen for competiti,:e examination, it . shall~~~~tions be filled, If pOSSIble, by the promotIOn of the most smtable1888, s. 51). employee next in rank, position, or grade to the vacant office.

6298 ss. 22-24. RAILWAYS AND TRAMWAYS. PART 11.- THE COM1IIIS· SIONER AND STAFF. Ra£Zways Act. 5 GEO. Y. Ko. :21, (2,) No employee shall be passed over unless the head of his branch, in writing, so advises the Commissioner. (3,) No employee shall be passed over without being allowed to show cause in' the prescribed manner to the Commissioner, whose decision upon the matter shall be final. G- ratuitie~ 22. (1.) frhe head of any branch of the service may, apnaydmoevnetrst.Ime 1 'f he thI' nk S fit, cert 1 'fy tllat ' In l l ' IS Op"InIOn any emp1oyee 1888,8.57. in his branch is entitled to a gratuity or to a p1yment for overtime work. (2.) No gratuity or p'lymcnt for overtime work shall be paid upon such certificate without the authorit~ r of the Commis!'ioner, Misconduct 23. (1.) frhe head of each branch of the service in h~!~ ~ l~ltees, each of the three divisions of the State shall, in the with. prescribed manner, have the power with respect to any 1 ss 8 . 8588, ,59. emp I oyee ' In l l ' IS b ranc h w h 0 J I as, ' In h I ' S Op " InIOn, b een guilty of misconduct, neglect of duty, or of breaking any rule or by-law of the service- (a) To suspend or dismiss him; (b) To fine IdIIl in a sum not exceeding five pounds; (c) To reduce him in rank, position, or grade, and pay, Any employee charged with the duty of superintend- ing the work of other employees may temporarily suspend at such office, station, workshop, or section any employee of rank, position, or grade inferior to his own until the head of such employee's branch has dealt with the suspension of such employee, Appeal. (2,) Every employee on the staff who is dealt with under this section shall have the right of appeal to the Appeal Board as hereinafter provided. Sunday work. 24. No employee shall be liable to dismissal or any 1888, s. 61. d I ' sab 1 'l 1 'tY 1 <> 01' re f u ' smg, on conSC . Ien , tIOus gl'ound' s, t ,0 WOI' k on any Sunday, except in cases of necessity. Such employee shall, however, be subject io a propor- tionate reduction in his salary or wages on account of such refusal; but this provision does not apply to any employee whose duties do not require him to work on Sunday,

RAILWAYS AND TRAMWAYS. ss. 25-28. 6299 1914. Railways Act. PART II.- THE COMMIS- SIONERAND STAFF. 25. (1.) If any employee is convicted of any indictable Vacati.on of offence, or becomes insolvent, or institutes proceedings for o~~ : i~ ~ am. liquidation of his affairs by arrangement or composition ~ ~ 88, ss. with or makes an assignment of his salary for the benefit 62, 6i.l. of his creditors, he shall be deemed to have vacated his office. (2.) Any such employee who has vacated his office by P~ ovision for reason of any such pecuniary embarrassment as aforesaid, ~ ~ ~ ~ ~ ~ ate­ upon proving to the satisfaction of the Commissioner that such embarrassment has not been caused or attended by any fraud, extravagance, or dishonourable conduct, may be reinstated by the Commissioner in his former or any other inferior position in the service. 26. (1.) The Commissioner shall keep a record of Rect?rdlof a11 emp1oyees, and cause entl' l . e~ to b e made ' In such record opfarse lO rv U icaer. s 01'- 1888, s. 64. (a) The rank, position, or grade, the length of service, salaries, and such other particulars with regard to employees as he thinks fit; (b) Deaths, dismissals, suspensions, resignations, vacations of office, promotions, and reductions of employees. (2.) 'fhe Commissioner shall publish in the Gazette a list of persons employed in the service up to the thirtieth day of .June in each year. 27. Nothing in this Act shall be construed to interfere Right to sue. I . II any way W1 'tl 1 tlle rI.g 1 1 t 0 femIp oyeets 0 sue tlle ]888 ' s.67. Commissioner in any court of law. This Act expressly reserves to every employee the right so to sue if he so desires, whether under "The Employers Liability Act Qf 1886,"* or "'Phe Workers' Compens(ttion Act of 1905,"t or otherwise. It shall not be within the powers of the Commissioner to agree with the employees in the service to contract themselves out of" The Employers Liability Act of1886,"* or to compel them to forego any civil rights to which any Act entitles them. 28. (1.) If any employee is dismissed or is suspended, Delivery. of or resI . gns, oe d l ' es, absconeIs, obr a sents h' ImsIef, and 1 'f he mpoaststeesrssio I n II of or his wife, widow, or any of his family or representatives employee re f uses or neg 1 ects, after seven days ' no t' ICe I . n w1'1 't , ' mg, t 01 a 8 t 6 r 8 e , m s o s. v 1 al 1 . 5, _ _ _ _ _ _ _ _ _ _ ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 120 to 123. * 50 Vie. No. 24, supra, page 1252. t 5 Edw. VII. No. 26, supra; page 1256.

630;) s.28. RAILWAYS AND 'l'RAMWAYS. PART II.- THE COMMIS- SIONIlRAND STAFF. Railways Act. 5 GEO. V. No. 2-1, deliver to the Commissioner or his agent any property in the possession 01' custody of such employee at the occurrence of any such event as aforesaid, then any justice, upon application by the Commissioner or his agent, may order any constable with proper assistance to enter and take possession of such property, and deliver the same to the Commissioner O1'_his agent, and, if necessary, to remove any person. Officers to account on demand. (2.) Every employee shall from time to time, when requirerl by the Commissioner, make and deliver to him or to his agent a true account in writing under his hand of all moneys received by him on behalf of the Commissioner. Such account shall state how and to whom and for what purpose such moneys have been disposed of. Together with such account, he shall deliver the vouchers and receipts for such payments. He shall pay to the Commissioner or to his agent all moneys which appear to be owing from him upon the balance of such account. Summary remedy. ILhe fails to render such account, or to deliver all such vouchers and receipts in his possession or power, or to pay the balance thereof when required, or if for three days after being required he fails to deliver to the Com- missioner or his agent all property in his possession or power, then, upon a complaint made as for a breach of duty, a court of petty sessions may hear and determine the matter in a summary way, and may adjust and declare the balance owing by such employee, and make such other orders as appear to the court to be just. If it appears, either upon his confession or upon evi- dence or upon inspection of the account, that any public moneys which should be paid over to the Commissioner are in his hands or owing by him, such court may order him to pay the same. If he refuses to make such account in writing, or to produce and deliver to such court the vouchers and receipts relating thereto, or to deliver up any property, or to the court may commit him to prison, there to remain until he has complied with such order. When (3.) If the Commissioner or his agent makes oath that iwssaurer. ant may he has good reason to believe, upon grounds to be stated in his deposition, and does believe, that it is the intention of any employee to abscond or that he has absconded, any

RAILWAYS AND TRAMWAYS. ss. 29, 30. G30l 1914. Railways A.ct. PARTII.- THE COMMIS- SIONERAND STAFF. justice may, if he thinks fit, issue a warrant in the first instance for the bringing of such employee befOl'e such court as aforesaid. (4.) For the purposes of this section, the term " pro- Meaning of perty" includes any building or any part thereof or any" property." appurtenance thereof, or any books, papers, documents, or other property relating to the execution of this Act or belonging to the Commissioner. (5.) No such proceeding against or dealing with any Sureties not such employee shall deprive the Commissioner of any~ ~ b~ d remedy which he might otherwise have against such ISC arge . employee or any < sur~ ty. Appeals. 29. The remammg provIsIOns of this Part do nOtLim~ tati. onof apply • to anv 01 case of an appeal to the Commissioner by an aopfpplIrCoavtilsOionns emp~ oyee with regard to his right of promotion in the as to appeals. SerVICe. 1905,8.2 (10). 30. (1.) Every appeal which under this Act may be Constitution made by an employee to the Appeal Board shall be made to ~ ~ ~ ~ as~ d2. a Board ·which shall consist of ten members, namely ;-- Five persons holding for the time being the offices of Engineer in Charge of Construction, Engineer in Charge of Maintenance, Signal and Light Engineer, Chief Mechanical Engineer, and General Traffic Hupel'intendent in the Southern division, or the officers in charge of' Traffic, Maintenance, and Locomotive Branches in the Central and Northern divisions respectively; A police magistrate, who shall be appointed by the Governor in Council for each of the divisions of the State; and Four employees, herein called respectively the "employees' representatives," who shall be elected for each of the divisions respectively of . the State. (2.) The Board, when sitting for the purposes of any appeal, shall be composed of the police magistrate afore- said, one of the aforesaid officers of the Commissioner who ~ not the head of the branch in which the appellant is employed, and the employees' representati.ve who is em- ployed in the branch in which the appellant is employed; and for this purpose an employee in the Head Office or in the Stores branch shall be deemed to be attached to

()202 PART n.-- THE COMMIS- SIONER AND STAFF. s.30. HAlLWAYS AXD TRAMWAYS. RaitwCl!J8 Jet. 5 GEO. V. No. 2-1, the Traffic branch, and an employee in the Signa] and Light Engineer branch shall be deemed to be attached to the Maintenance branch, and the 11 unning Staff and Workshops Staff of the Locomotive branch shall be deemed to be separate branches. (3.) The four employees' representatives in each division shall be elected respectively by ballot by the respective employees in the Maintenance branch, the Locomotiye branch (Running Staff), the Locomotive branch (Workshops Staff), and the Traffic branch in each such division. Each employee shall have only one vote. If two or more employees in .I any .branch obtain an equal number of votes, the mat.ter shall be decided as between them by lot. The name of each employees' representative shall be submitted to the Governor in Council for approval; and when so approved, he shall hold office for three years if he remains in the service during that period. Duty of ( 4.) The Board sho11 meet for the despatch of business ~ ~ C~ ~ 1~ ~ : ' to as often as may be required. The Secretary shall convene sioneT. all meet.ings of t.he Board, and shall keep a record of all proceedings thereof and decisions arrived at. Venue. (5.) Appeals in the Southern division may be heard in Brisbane or elsewhere; appeals in t.he Northern and Central divisions may be heard at 'rownsville and Rockhampton or elsewhere within the said divisions respectively. Lodging and. (6.) Every appeal shall be in writing, shall clearly ~ ; ;~ ~ ~~ of and concisely set forth the grounds upon which the appeal is made, shall be despatched to the Secretary within seven days after the date 'when the appellant receives the decision which is appealed against, and shall be heard by the Board as early as practicable after the date when the appeal is received by the Secretary. '['he Secretary shall give to the appellant four clear . days' notice of the date when the appeal will be heard. l'oli?e (7.) The police magistrate appointed as aforesaid shall hm e ag c hl a 8 I t! r u m te an to . b • e the chairman a • t an ~ y meeting of the Board at which he IS present. In Ins absence the Governor in Council shall appoint anoUel' police magistrate, who shall be such chairman and have all his powers and perform a.ll his duties during such absence. Board to !lct (S.) All po" el'S of the Board may be exercised by a by maj<Jrity. majority of the members present at any meeting of the Board.

RAILWAYS AND THAMWAYS. ss. 31, 32. 0;303 1914. - -- - -- -- - -- - -- ~ - - - ~ ~ - - - - - - - - - - - - - PART II.- --- Railways Act. - - -- - - - - - - - - - -~ - -- - -- - ------ THE COMMIS- SIONER AND ------ STAFJ'. (9.) The parties to the appeal shall be entitled tOProcednrc. subpcena witnesses in the same manner and subject to the same penalties and cond.itions as witnesses may be summoned to give evidence before justices in petty sessions, and to have all witnesses examined on oath, and also to be repre- sented by a harrister, solicitor, or agent, who shall be at liberty to examine witnesses and address the Board; pro- vided that. in no case shall such representative be a member of the Legislative Council or Legislative Assembly. (10.) The Board shall investigate in open court every Power~ of appeal made by an employee against the decision of the Board. head of his branch under the pow.ers conferred upon the head of the branch by section twenty-three of this Act, and may confirm or modify such decision, or may suspend such employee, 01', if he has already been suspended, may further suspend him for any period not exceeding six months without pay, or may inflict a fine to be deducted from his pay, or may dismiss him, or may make such other order as they think fit. (11.) The decision of the Board shall be final, except Furthu in the case of appeal against dismissal. powers. In the case of an appeal against dismissal any person aggrieved by the decision of the Board shall have a right of appeal to the Commissioner, whose decision shall be final. 31. When a vacancy occurs in the Board by reason Vacancy. of the death, removal, or resignation of or vacation of 1905, s. 3. office by a member, the Governor in Council shall appoint some person qualified as aforesaid to fill such vacancy; provided that where possible the successor to the em- ployees' representative for any branch of the service shall be the employee who at the ballotl'eceived the next greatest number of votes, and he shall be appointed for the remainder of the period of three years. 32. In the event of any member of the Board. other Case of 1 tlheaanr . mtghe opf oalincey mapapgeiaslt,ratthee, bGeoinvgernuonrabilne tCoousniCt I . ol nshtah 1 e 1 aB m bo e sea m nrbdc. eero 0 ff appoint some other qualified person to sit as tl~ e deputy of 1905, s. 4. such member of the Board. Every such deputy shall, for the time during which Appointment he acts as deputy, have all the powers and perform all the of deputy. duties of such member of the Board: Provided that, where possible, the deputy of the Proviso. employees' representative for any brat:ch of the service shall be the employee who at the ballot received the next greatest number of votes.

6304 ss. 33, 34. RAILWAYS AND T'RAMWAYS. PART III.- ApPROVAL, CONSTRUC- TION, AND MAINTEN- ANCE OF RAILWAYS. Railways Act. 5 GEO. V. No. 24, PART IlL-ApPROVAL, CONS'l'RUCTION, AND .MAINTENANUE OF RAILWAYS. Plans to be laid before Parliament. 1863, s. 9. 1872, s. 2. 33. (1.) Copies of the plans, sections, and books of reference of every railway which it is proposed to construct shall from time to time be prepared by the Commissioner and laid before Parliament for approval. (2.) The Commissioner may have levels taken and surveys made of the country and lands through which the railway is to be constrncted, have prepared a plan of the railway and of the lands through which it is to pass, and also a book of reference in which shall be set forth the names of the owners of the said lands, so far as can with reasonable diligence be ascertained, with a description of the said lands, showing the bearings of the railway, and the na,ture and quality of cultivation, the state of the enclosures (if any), and the quantity of such land required for the purposes of the railway, (3.) If it is proposed to construct such railway along, over, or across any public reser,e or road, such plans,' sections, and books of reference shall also contrtin parti- culars of the levels, and specify the several areas required to be tnken for the purposes of the railway, Before plans, 34. (1.) Before the plans, sections, and book of refer- : ~ ~ p~ ; ed ence of any proposed railway are laid before Parliament, raiflwa y laid the Commissioner shall transmit to the Minister a state- bPearoliraement, men t un d er I 1 ' 1S 0 ff C i I ' a l sea I , I s lOw ' 1ng- tCootmramnissmsioitner ( I ' , ) Tlle es t· Ima t e d cos t 0 f the ral' Iway ( I' nc1udI' ng statement and report. 1896, '. 16. station huildings, si..nallinO', &c.) when com- P 1 e t e d ; Cl 0 (ii.) The additional rolling-stock (if any) likely to be required for working the railway, and an estimate of the cost thereof; (iii.) The estimated ,yorking expenses of the railway, • including traffic, locomotive, and maintenance . charges; (iv.) The probable revenue which would be derived from the traffic on the railway; and (v.) Any other special advantages which are likely to accrue to the Department generally from the construction of the railway. (2.) The Commissioner shall, together with such state- ment, transmit to the Minister a report in which he shall

RAILWAYS AND 'mAMWAYS. ss. 35, 36. 6:l1)5 PART IlI.- 1914. Railways Act. ApPROVAL, CONSTRUC· TION, AND MAINTEN- set out his opinion (and the reasons on which it is based) ANCE OF as to the desirableness or otherwise of the railway being RAILWAYS. constructed. (3.) No resolution approving of such plans, sections, and book of reference shall be adopted unless and until such st'ltement and report have been laid before Parlia- ment. 35. After the plans, sections, and books of reference Authority t.u of a proposed railway have been approved by rel'lolutions ~ ~ ~~ tr~ l.ck of hoth Houses of Parliament, the Governor in Council ' may cause the railway, with all propel' works and con- veniences connected therewith, to be constructed in accordance with such resolutions, and may give such orders and directions for the due carrying out and execution of the 'works and for the effective control and direction of the Commissioner and other employees in carrying out and executing the same, as appeal' expedient; and the Commissioner shall have and may exercise all the powers of this Act with respect to the railway and works so approved. • 36. (1.) Notwithstanding any Act to the contrary, the Commissioner may cause a railway to be constructed and maintained along, over, and across any public reserve or road, and construct and maintain all necessary structures thereon. (2.) No person or body corporate shall be entitled to Railway may claim compensation for or upon account of any land being be I~ lade on taken or used in or from any such public reserve or road ~ ~ : er: : . for any of the purposes of this Act, nor for any damage or 1880, s. 2. inconvenience arising to him or it by reason thereof. (3.) The Commissioner shall have full powers of ingress and egress in and over all such lands occupied for the purposes of the railway: I)rovided that any body corporate or legally consti- tuted authority shall also have the like powers for the construction, maintenance, and preservation of gasworks, waterworks, sewemge-works, and other works of public utility and convenience, from time to time constructed, under any law in force for the time being, in any such reserve or road. Such powers, however, shall be exercised at con- venient times and by agreement with the Commissioner. .,

(JHGS s.37. RAILWAYS AND THAMWAYS. PART III. ~ ~ - - - - - - - - - - - - - - - - - - - - - - - - - - ApPROVAL, CONSTRUC- Railways Act. 5 GEO. V. No. 24. TION, AND MAINTEN- ANCE OF 37. (1.) The Oommissioner and all persons authorised RAILWAYS. by him, either generally or specially, lllay do all other CPoowmemriss- of acts considered necessary for constructing, maintaining, sionel'. altering, repairing, working, and using any railway, and 1863. s. 11. without limiting the generality of this power may exercise all or any of the undermentioned powers and authorities, namely- (a) Enter and re-enter from time to time upon the land of any person whomsoever, with such assistants as may be required, and survey and take levels of the same, and ascertain and mark or set out and take and appropriate such parts thereof as are proper for the laying out, construction, maintenance, alteration, repair, working, and using of any railway; and pro- ceed with the necessary works; (b) Affix or set up on any land survey stations, peg's, marks, or poles, and from time to time alter, remove, inspect, reinstate, and repair the same; (c) Dig and bore into any land, and set out the lines of any works thereon ; (d) In or upon or from any land, bore, dig, cut, trench, embank, and remov(\ or lay, take, convey, and use any material or thing; (e) In, upon, across, under, 0)' over any land, road, river, stream, or other water or watercourse, make and construct any railway and such tem- porary or permanent inclined planes, tunnels, embankments, aqueducts, bridges, roads, ways, passages, conduits, drains, piers, arches, cut- tings, fences, and other works of whatsoever kind as are considered necessary; and erect and construct such houses, warehouses, offices, and other buildings, yards, stations, wharves, engines, machinery, apparatus, and other works and conveniences of whatsoever kind as are considered necessary; (f) Across any river, stream, or other water or watercourse at any place adjacent to a railway, to construct any bridge or cuIvert for any purpose of traffic to or from the railway; in sllch case such bridge or culvert shall be vested in the Commissioner, and the cost of its construction shall be included in the cost of

RAILWAYS AND TRAMWAYS. s.38. 6307 1914. PART IIl.- Railways Act. ApPROVAL, C.ONSTRUC- TION, AND construction of the railway, and the cost of MAANICNETOEFN- its maintenance shall he defrayed out of the RAILWAYS_ earnings of the railway; • (g) Divert or alter temporarily or permanently the course of any non-navigable river, stream, or watercourse, or any road; and raise or lower the level of any such river, stream, or water- eourse, 01' road, or any part thereof; and cause any road or any part thereof to be closed or lessened in 'width ; (h) Make drains or conduits into, through, or under any land adjoining the railway; (j) Notwithstanding any other Act to the contrar~T, and wjthout payment of any compensation, take from any river, str~ m, or other water or watercourse any water required, and construct, maintain, manage, and use dams, weirs, pump- ing stations, flumes, pipes, and all other works of whatsoever kind for the co IIservation, con- veyance, and supply of such "\Yatel', and also break the surface of any road for the purpose of laying down pipes for conveying gas, electric energy, or water to any premises vested in the Commissioner, and take so much of the subsoil as may be necessary; (k) }'rom time to time alter, repair, or discontinue any works, and substitute others in their stead; (l) Fell and remove any trees on any land within the distance of fifty vards from either side of the railway. 01 • (2.) In the exercise of the powers by this Act granted, the Commissioner and all other persons shall do as little damage as may be, and, save as by this Act is otherwise provided, compensation shall be made, in manner herein- after provided, to all persons interested in any land taken, used, injured, or prejudicially affected for all damage by them sustained by reason of the exercise of such powers. 38. Whenever the Commissioner deems it necessary Closure 01 that any road or part thereof should be closed, he shaH roads. deposit in the office of the Local Authority having juris- diction over such road a map and description of the road or part thereof proposed to be closed, and shall notify in the Gazette that such map and description are there open

6308 ss. 39, 40. RAILWA1S AND 'l'HAMWA1S. PART III.- - - - - - - - - - - - - - - - - - - - - - - - - ApPROVAL, CO~ STRUC, TION. AND MAINTEN- A~ CE OF RAILWAYS. Railways Act. --------------- 5 GEO. V. No. 24, for inspection, and that any person interested may make an objection to such closure by forwarding to the secre- tary, within thirty days after such publication, a notice of objection. All such objections shall be duly considered by the Oommissioner, and he may cause an inquiry to be held into the matter of any such objection. Before any such closure is authorised, the Oommis- sioner shall report to the Minister on the proposed closure and any objections thereto, and the objectors shall be heard by the Minister if they so desire. Thereupon the Governor in Council may, by Order in Oouncil, close such road or part thereof. Width, &0., 39. Whenever a railway is constructed over and of road over above any road (whether an existing road or a road substi- lwlah5iscehs. railway tuted therel{ ' or pursuant to t l l ' IS Aet) , the Wl' dth 0 f the part of the road under the railway bridge or other structure shall be not less than fifteen feet between the piers or walls of sueh bridge or structure; and that part of the road, exclusive of such piers or walls or other railway works, shall be under the control of the Local Authority - and maintainable by jt. Temporary 40. (1.) Notwithstanding any other Act to the con- occupatio!! of tl'ary, the Oommissioner and all persons authorised by l1a8n6d3. , 8S. 85 1 H"m, tehl er genera11y or speCl'a11y, may en t er upon any to 87. land (not being a garden, orchard, or plantation attached or belonging to a house, or a park, planted walk, avenue, or ground ornamentally planted, and not being nearer to the dwelling-house of the owner of the land than five hundred yards), and may occupy the said land so long as is necessary, and may- (a) Take therefrom stone, gravel, earth, timber, water, and other material; (b) Deposit thereon any material; (0) Form roads thereon and use the same; (d) Erect workshops, sheds, and other buildings of a temporary nature thereon; (e) Manufacture and work thereon materials of . any kind, (2.) Provided that- (a) Nothing in this Act shall exempt the Oommis- sioner from an action for nuisance or other injury, if any is done, in the exercise of the

RAILWAYS AND TRAMWAYS. s.40. (i309 1914. PART III.- Railways Act. ApPROVAL, CONSTRUC- TION, AND MAINTEN- said powers, to the land or dwelling of any ANCE OF person other than the person whose land is RAILWAYS. so occupied for any of the purposes aforesaid; (b) No stone or slate quarry, brickfield, or other like place, which at the commencement of this Act is commonly worked or used for getting materials therefrom for the purpose of selling or disposing of the same, shall be taken or used by the Commissioner either wholly or in part for any of the purposes aforesaid. (3.) The Commissioner shall, if rf'quired so to do by Commissioner the owner or occupier of the land so occupied, separate the ~ ~ s~ pa~ atc same by a sufficient fence from any adjoining land, with be~ o; enu: ing such gates as are necessary for the convenient occupation them. of such adjoining land; and in cas A of any difference as to the necessity for such fences and gates, then with such fences and gates as the Governor in Council deems necessary. (4.) When the Commissioner takes temporary posses- qompensa. sion of land, he shall- tIon. (a) Upon being required so to do, pay to the occupier of the land the value of any crop or dressing thereon and compensation for any other damage of a temporary nature sustained by him by reason of the Commissioner's possession; (b) From time to time during such possession, pay half-yearly 01' quarterly rent to tbe occupier or the owner of the land, as the case may require; (c) Within six months after he has ceased to occupy the land, pay to the owner and occupier, or deposit wit.h the Registrar of the Supreme Court for the benefit of all persons interested, as the case may require, compensation for all permanent or other loss, damage, or injury sustained by them by reason of the exercise, as regards the said land, of the powers herein granted, including the value of all materials and other things taken from such land. The amount of all compensation or other moneys payable under this subsection may be agreed on, or, failing agreement., shall be determined by the Court as hereinafter provided.

6310 ss. 41-44. RAILWAYS AND TRAMWAYS. III.- PART - ~ ~ ~ ~~ ~ ~ ~ ~ ~ - ~ ~ ~ ~ - - ~ ~ ~ ~ ~ ~ ~ ~ ­ ApPROVAL, CONSTRue- Railways Act. 5 GEO. Y. Ko. 2-!, TION, AND ~ ~ ~ ~ T~ ; - (G.) Provided that 110 compensation shall be payable RAILWAYS. for any act or thing done under this section, the right or authority to do which is reserved hy any Act, or by any regulation, Crown grant, or other instrument, except to the extent therein mentioned, notwithstanding that the terms and conditions imposed by such Act, regulation, grant, or instrument havc not been performed. Lateral d 1 e 8 v 9 i 6 a , t 8 io . n 2 . 6. 41. The Commissioncr may, whenever it appears to him desirable, make a deviation from any line of railway (either built, or heing built, 01' about to he built) as delineated on the plans thereof. No such deviation shall extend to a greater distance, in passing through a city, town, or lands continuously built upon, than twenty-two yards, or elsewhere to a greater distance than eighty chains from the line delineated as aforesaid. • tLaaknend. ma•v be railw 4 ay 2. or (1 f . o ) r Sanuybjoecftthteo tphuirspoAsecst, olfantdhirseqAucitr, eodr ffoorr aannyy purpose ineidental thereto, may from time to time be taken by the Commissioner on behalf of the Crown. Easeu:ant. (2.) -When it appears to the Commissioner that an 1896,8.24. easement in or over land will be sufficient, he may, instead of taking the land, acquire an casement in or over the land and the right of using the same. The Commissioner may at all times exercise in, over, and concerning' such land as last aforesaid and land adjoining or contigLous thereto all the powel's whieh be or any person by him authorised may exercise in regard to land whicb he has the power to take and any land adjoining or contiguous thereto. Additional (3.) If, after or during the construction of any works, 6 lbatnk E ed d n w m. . a V y I b I e . imt einst foouf ndanydessiuracbhle, wfoorrksthceonusster,uccotendveonirenicne, cooruresnejoyo-f No. 14,8.9. construction, to take other land or an casement therein or thoreover, such land or easement may be taken in the same manner as land or such easement required fot' such works in the first instance. Breadth of 43. 'rhe lands to be taken or used for the railway !:~ ~~ tlo; e t;hallnot exceed one hundred yards in width, except where railway. a greater width is judged necessary. 1863, S. 12. Commissioner 44. The Commissioner may take a portion only of tnaoktebt o h u e nd to any house ' h 0 uildinO ' ' or manufactory , together with the whole of land. land upon which it is actually built, if such portion can, in 1896,8.30. the judgment of the Court, be severed from the whole without material detriment thereto.

RAILWAYS AND TRAMWAYS. ss. 45-48. 6311 PART III.- 1914. Railways Act. ApPROVAL, CONSTRUe- TION, AND 45. If land not situated in a city or town, and not ~ ~ c= ­ built upon, is so divided by the land taken as to leave on RAILWAYS. any side thereof a less quantity of land than half an acre, ~ : e~ : : ~ t~ i the Commissioner shall, if required by the owner of such~an.ds may small parcel of land , take such , parc 0 el toO'ether with thelll l8 s 6 ls 3 t , o s n . 6 ,8 4 > . \16.. other land taken: Provided that, in every case where such owner' has other land adjoiuing into which such small parcel may be conveniently thrown, the Commissioner, instead of taking such small parcel, may throw the same into the adjoining land by removing the fences and levelling and soiling the sites in a sufficient manner. 46. If land is so divideu by the land taken as to leave COllll; : tis~ io~ eI' on any side thereof a piece of hmd of less qumtity than ~~~ ~~: ~st 011 half an acre or of less value than the expense of making a wher~ expense bridge, culvert, or such other communicltion between the tc.b~ :!: :d8 land so divided as the Oommissioner is under this Act the'value. compellable to make, and if the owner of such land has 1863, s. 65. not other land adjoining such piece of land and requires the Commissioner to make such communication, then the Commissioner may take such piece of land. Any dispute as to the value of such piece of land or as to what would be the expense of making such communi- cation shall beascedained as herein provided for cases of disputed compensation; and, on the occasion of ascertaining the value of the land required or taken for the purposes of the works, the Court shall, if required by either party, ascertain by its decision the value of anv such severed piece of l;nd and also what would be the expense of making such communication. 47. 'l'he Commissioner may agree with the owner of How . any land taken or of any other land as to the compensation ~ ~ ~ ! ~ ~ : ~ ~ r to be paid for any land taken or inj uriously affected by the 1863, s. 18. execution of any of the powers conferred by this Act, and, 1872, s. 4. failing such agreement, the compensation shall be deter- mined by the Court as hereinafter provided. 48. After any land which the Commissioner proposes Notice o! to take has been set out and ascertained, he shall serve a ~ ~ S; 3~ ; : ' 1~ ~ . notice of resumption upon all such persons having any 24, 61. • legal estate or interest in the land as can, after diligent inquiry, be ascertained. Such notice shall be made out in duplicate. It shall set forth the particulars of the land taken, and shall state K

G312 ::.49. RAIL\Y~~YS AXD TRAMWAYS. PART HI.- ApPROVAL, CONSTRUC~ Rail1vays Act. 5 GEO. Y. No. 24, TION, AND MAANINCETEOJoF!- a day from and after which the land will become vested in RAILWAYS. the Commissioner. It shall require all persons in any way interested to ch'liver to the Oommissioner particulars of their estate and interest in the land, and of all claims made by them in respect thereof. It shall state that the Commissioner is willing to treat as to the compensation to be madc in respect of the land taken and all consequential matters. Effect of 49. (1.) }'l'om and after the day named in the notice 6 no E ti d ce w . . VII. of resumption, tile land therein specified shall become abso- No. 14, s. 8. lutely vested in fee-simple in the Commissioner, discharged from an trusts, obligations, mortgages, charges, rates, con- tracts, claims, estates, or interests of what kind soever, or if an easement only is required such easement shall become vested in the Oommissioner; and the estate and interest of every person entitled to the whole or any part of the' land or affected hy sueh casement shall be taken to have been converted into a claim for compensation under this Act. Every such person, upon asserting a claim as herein- after provided and making out his title in respect of the land, shall, subject to this Act, be entitled to compensation from the Oommissioner. Errors 01' mis- (2.) Where it is found that land comprised in a descriptions. notice of resumption is not required, or that the notice of resumption incorrectly describes the land to be taken, or that any other error in form or substance exists in relation to such taking, tlw Commissioner may, by a subsequent notice served as aforesaid, annul or amend such first notice or any part thereof, and such first notice or such part thereof shall, from the date of the subsequent notice, be absolutely void: Provided that- (Cl) No person shall be prejudiced in respect of any mortgage, charge, claim, estate, or interest existing in respect of the land, by reasen of his having, in consequence of such first notice, done or omitted any act or thing, or failed to enforce or act upon any right, or comply with any obligation in respect of such mortgage, charge, claim, estate, or interest; (b) No person shall have any right of action or claim against the Oommissioner for anything bona fide done under such first notice before the annulment 01' amendment thereof;

RAILWAYS AND TRAMWAYS. s. 50. - - - - - c - ---- --- 1914. Railways Act. PART 111.- ApPROVAL, CONSTRue- TION, AND (C) Nothing herein contained shall limit the power ~ ~ ~ ~ T~ ~ ­ of the Commissioner to take at any subsequent RAILWAYS. time the whole or any part of the land mentioned or described in any notice so annulled or amended in whole or in part. 50. (1.) Where an estate in fee-simple is taken by Registration. t the Commissioner, he shall deliver the duplicate original Ed~ . vItiz of the notice of resumption, with a plan of resumption o. ,s. . survey by an authorised surveyor and descriptions of the resumed area and of the lands (if any) severed, to the Registrar of Titles, who shall thereupon- (i.) If the land taken is not subject to " The Real Properly Acts, 1861 to 1887,"* bring the land under those Acts, and register the land taken • in the name of the Commissioner, and issue a certificate of title therefor ; (ii.) If the land taken is subject to those Acts, register the land in the name of the Com- missioner, and issue a certificate of title therefor. (2.) Where an easement only is taken by the Commissioner, the delivery of the duplicate original of the notice of resumption to the Itegistrar of Titles shall be a sufficient authority to him to register such easement. (3.) Any person in possession of any instrument evidencing the title to the land taken shall, upon receiving notice from the Registrar of 'ritles, deliver up to him such instrument to be cancelled or to be endorsed with the proper endorsement) as the case may require. Any person refusing or neglecting so to deliver up any such instrument shall be liable to a penalty not exceeding fifty pounds. Moreover, no person having in his possession any such instrument shall be entitled to receive compensation under this Act until such instrument is delivered to the Registrar of Titles. (4.) 'rhe Hegistrar of Titles shal} issue a certificate of title for the land, if any, included in such instrument and not taken. (5.) The costs and expenses in connection with the registration and issue of documents rendered necessary by the taking of the land shall be borne by the Commissioner. * 25 Vie. No. 14 and amending Acts, 8upra, pages 2984 et 8eq.

6314, ss. 51-54. HAILWAYS AND THAMWAYS. PART I1I.- ApPROVAL. Railways Act. 5 GEO. V. Ko. 24, CONSTRUO- TION, AND MAANICNETOENF - Such costs and expenses may be taxed by the proper officer RAILWAYS. of the Supreme Court under the rules of that Court. ~ ' itle under the Act of 1864. 51. It is hereby declared that in all cases where, in pursuance of section sixty-one of "The Railway Act of 1864,'" >I< any lands have become ve!'ted in the Commissioner, the Commissioner is and always ha~ been entitled, upon proof that such lands have been set out, ascertainecl, and finally appropriated for the purp03es of a railway or other works in connection therewith, to obtain from the Regis- trar of Titles a certificate of title in respect of such lands without any legal conveyance. By whom. 52. (1.) A claim for compensation may be made by compensatIOn any person seised possessed of or entitled to land taken may be .., ' '. claimed. or lllJurlOusly affected by the executIOn of any of the :\1 ~ ~ d1~ ' 5. powers conferred by this Act, or to any estate or interest , therein, whether vested or in reversion, remainder, or expectancy, or by the executor or administrator of any such person, whether such person has or has not the power to sell and convey the same. (2.) Any claim on behalf of beneficiaries (whether living or issue unborn), iufants or persons of unsound mind, may be made by their trustees, guardians, or com- mittees (or, where there is no committee, by the Curator in Insanity) respectively. In the case of an infant not having a guardian within the State and known to the Commissioner, the Registrar of the Supreme Court shall, for the purposes of this Act, be the guardian of such infant. Claim bv 53. Where compensation is claimed by a person whose unregistered estate or interest in the land taken is not duly registered 6 pe E rs d o w n. . VII. or notified in the office of the Registrar of Titles, and any No. 14, s. 16. other person has claimed and obtained compensation in respect of the same land and without giving written notice with his claim of such unregistered estate or interest, such first-mentioned person shall not be entitled to any com- pensation whatever from the Commissioner in respect of such estate or interest. Lessees, &e. 54. No compensation shall be payable to any person 6 Edw. VII. who is lessee, tenant, or licensee of any land taken if No. 14, s. 17. the Commissioner is willing, and upon written applica- tion agrees, to allow his estate or interest to continue uninterrupted. * 27 Vie. No. 8 (repea.led by this Act), 8upra, page 2852.

RAIbWAYS AND rrnAMWAYS. ss. 55, 56. 6315 1914. Railways Act. PART IIl.- ApPROVAL, CONSTRUC· TION, AND 55 . (1 . ) 'I 'l le ·t 1 · me l I " nn te d . f' or ma k" mg a c l a · u . n v 10r MAANICNETOEFN· compensation under this Part shall be one year from the RAILWAYS. . dat e 0f the no tI' Ce 0f resumpt'IOn, or 1' f the 1 and' IS not fLoirmmitakoifngtime taken, and compensation may be payable for any loss, claim. • damage, or injury sustained by reason of the acts of the ~ 8~ ci: : ~iI. Commissioner under this Part" one year from the date of No. 14, s. 18. the commencement of such acts. (2.) Jf no claim for compensation is made within such period, the right to compensation shall be barred. (3.) Provided that if the person entitled to compensa- tion is believed to be absent from the State, or to be an infant or person of unsound mind, the Commissioner shall before the expiration of that period make an application to a Judge of the Supreme Court, accompanied by an offer of an amount by way of compensation; and thereupon such Judge may direct that such offer be acceptEd or that the claim be heard bv the Land Oourt as hereinafter provided. • rrhe Land Court shall proceed in the examination of such claim as in other casps, and the Registral' of the Supreme Court, or some person nominated by him, shat! represent the persons entitled to claim, and may act on their behalf in all matters incident to the claim or the hearing thereof; and the moneys payable as compensation shall be paid into the Supreme Court, and shall there remain subject to the provisions hereinafter contained. 56. In estimating the compensation to be paid, qompensa. regard shall in every case be had not only to the value oJ! ~ ~ r~ ! ~ ~ ~ . land taken but also to the damage, if any, caused- 1863, s. 46. 1872, s. 18. (a) B 1 aynt d he0 f s t1 elveecri l nagl · moafn t th; eorland taken from other6 No E . d 1 w 4 . , V s. I 1 I 9 . . Cb) Ry the exercise of any statutory powers by the Commissioner otherwise injuriously affecting such other land; and compensation shall be assessed according to the value of the land, estate, or interest of the claimant on the date of the notice of resumption, and without reference to any alteration in such value arising from the establishment of any railway or other works: Provided that, in estimating the compensation to be paid, there shall be taken into consideration, by way of set-off or abatement, anv enhancement in the value of the interest of the claimant in any land adjoining the land taken

6810 ss. 57-59. RAILWAYS AND TRAMWAYS. PART III.- - - - - - - - - - ApPROVAL, CONSTRUC- TION, AND MAINTEN- ANCE OF RAILWAYS. Railways Act. 5 GEO. Y. ~ o. 24, or severed therefrom by the carrying out of' the works for which the land is taken. But in no case shall this provi- sion operate so as to require any payment to he made by the claimant in consideration of such enhancement of value. Pa\ticulars ~ o 57. (1.) In order to obtain compensation, the claim- . ~ l: t!s~~ ted m ant shall, within the period hereinbefore prescribed, serve compensation. upon the Commissioner a claim, in writing, stating- ~~ dl~ : :'Iio. (a) The several areas and descriptions of the parcels of land t.aken or affected in respect of which he-makes his claim, and the nature and par- ticulars of his interest therein; and if the land or his estate or interest therein is incum- bered, leased, or subject to any easement, he shall give particulars of such incumhrance, lease, or easement ; (b) Each matter on account of which he claims compensation, with full particulars of the nature and extent of the claim; (0) His name in full, together with his address, which address shall be deemed to be his last known place of abode or business until notice in writing of a change of address is given to the Commissioner. (2.) 'rhe claim shall be accompanied by an abstract or certified copy of all documents necessary to est.ablish the claimant's title. Cummissioner 58. If the claimant does not give full particulars f~ ~ hl: ~ qmre of all or any of the matters hereinbefore prescribed, the particulars. Commissioner may, by notice in writing, require him to ;'Iii. ~ ~ ~ ~ . furnish such particulars. If such particulars are not , furnished within ninety days after notice or 'within such extended time as the Land Court may allow, the claim shall be absolutely ~ harred. Offer of . 59. (1.) 'l'he Commissioner way, within ninety clays compensatIOn. after the service of the claim or of the further particulars where they are required under the last preceding section, serve on the claimant an offer of compensation. But such offer shall not be dcpmed an admission by the Commissioner of the claimant's title to the land with respect to which the offer is made. (2.) -Within ninety days after the service of the offer of compensation, the claimant may serve on the Com- missioner a notice rejecting the offer.

RAILWAYS AND THAMvYAYS. ss. 60, 61. 6Hl7 1914. Railways Act. ~ - -- - - - - - - - -- - -- - - - - - - ~ - - - - - ~ - - If notice of rejection is not given within such time, the offer shall be deemed to be accepted. PART III.- ApPROVAL, CONSTRUC- TION, AND MAINTEN- ANCE 0]' RAILWAYS. 60. (1.) If tbe Commissioner makes no offer, or ifDetermina- the claim • ant re J iects the . offer, the amount of compensation ctioomnpoefnsatlO. n to be paId shall be determmed by the Oourt, and the by Land following provisions shall have effect :- ~ ~~ ~ ~. VII. (2.) The claimant shall forthwith file a copy of his No. H, s. 23. claim, and of all notices and other particulars, in the office of the H.egistrar of the Land Oourt. (3.) :For the purposes of this Part, the powers and duties conferred and imposed upon the Land Oourt shall be exercised and performed by one member thereof only; but the decision of such member shall be subject, at the instance of the Oommissioner or the claimant, to appeal to the Land Appeal Oourt. (4.) The Land Court shall have jurisdiction to hear and determine all matters of compensation arising under tbis Part, and the Land Appeal Court shall have jurisdiction to hear and determine all such matters upon appeal, .and for such purposes all the provisions of Part n. of " The Land Act 0/1910,"* so far as the same are applicable, shall extend to the hearing and determination of such matters in the first instance and upon appeal. (5.) '1'he decision with respect to coml)ensation shall be in writing, and shall be tral~ sHlitted by the Registrar of the Land Court to the Itegistral' of the Supreme Court, to be filed in the Supreme Oourt. On receipt of the decision the Registrar of the Supreme Oourt shall g'ive notice thereof to the claimant and the Oommissioner. (6.) The decision shall be final as regards the com- pensation awarded, but shall not be deemed to be final as regards the right or title of the claimant or any other person to receive the compensation or any part thereof. But if tLe sum awarded is not paid into the Supreme Oourt, as hereinafter provided, within sixty days after the filing of the deeision in the Supreme Oourt, the decision shall he final for all pur'poses and have the effeet of a judgment of the Supreme Court, and may be enforced accordingly, suhject, however, to this Act. d eter 6 m 1 m . . e I d f b t y hteheamOoouunrtt, tohfe cOOollmlpnelnl . sssal . Otionner t m o a b y e01 J' p f 1 ' eari, dani d s l G ciae r su a e n m otf e o n f ts I . II the Court lllay award to the claimant, in satisfaction cr~ O~ ; la! ~vi1. n. - - - - - - - - - - - - - - - - - - - - - - - - - No. 14, s. 2,1-. * 1 Geo. V. No. 15, 8uprCl, page 1347,

6318 ss. 62-64. RAILWAYS AND TRAMWAYS. PART III.- - - - - - - - - - - - - - - - - - - - - - - - - APPROVAL, CONSTRUC- TION, AND MAmTEN· ANOEOF RAILWAYS. Railways Act. 5 GEO. V. No. 240, part. satisfaction of the compensation claimed, any ease- ment, right of way, rigbt of occupation, or any other right, privilege, or concession in, upon, over, 01' under any land under the control of the Commissioner; and the Court may, by its award, declare which (if any) of such ease- ments, rights, privileges, or concessions so offered shall be granted to the claimant in satisfaction, or part satisfaction, or mitigation of his claim to compensation. Crown may 62. The Governor in Council may, in payment or f: d\ ! . ij~ l~ U~ f satisfaction in whole or in part for any land taken, grant eompensation. to the person from whom such land bas been taken, any ; ~ ~~ . :'1[5. Crown land, and may for such purpose close any road not , required for public use wbich traverses or adjoins any land owned by such person and grant tbe soil tbereof to such person: Provided that, before such land is granted, the Court shall certify that the total value of the land, with money compensation (if any), does not amount to more than the compensation which would probably have to be paid by the' Commissioner for the land taken if compensation for the same were made wholly in money. The value of the land so granted by the Crown shall be debited against the capital cost of the railway in the r"ailwayaccount, Commissioner 63. In all cases where compensation or costs are to pay t. awarded to be paid by the Commissioner, the amount o1o8mE3p,e s n . sa47 1 . 011. t I 1ereO f s h a 11 b e paI . d to t h e person entI . t I e d thereto or to h I ' S agent duly authorised in his behalf within sixty days after the aIDount of such compensation or costs has been determined; but in every such case the party claiming payment shall be bound to prove his claim to the satisfaction of the Commissioner. When title 64. If any doubt or dispute arises as to the right or doubtful,. title of any person to receive any compensation awarded e to ombepepnasiadtliOntno un d el' tlu' s P aI t ', or any compensa t 1 ' 011 agreed t 0 be pal' d by ~ preme the Commissioner, or if any person refuses or neglects to 6 ; ~ ; . " vII. receive any compensation so awarded 01' agreed upon, the No. 14, s. 26. Commissioner may, in the case of compensation awarded by the Land. Oourt, within sixty days after the decision has been filed in the Supreme Comt, and in ether Clses _ within sixty days after demand 01' tender made, pay the sum awarded or agreed upon into the Supreme Oourt; and the Registrar of the Supreme Court shall deal with and apply such moneys in such manner and shall pay the same

RAILWAYS AND TRAMWAYS. ss. 65, 66. 6319 PART III.- 1914. Railways Act. ApPROVAl., CONSTRUC- TION, AND to such persons as the Supreme Court or a .Judge thereof, MAANICNETOENF - upon the application of any person interested, may order, RAILWAYS. and the costs of and incidental to any proceedings under this section shall be in the discretion of such Court or Judge. 65. All payments made by way of compen~ atjon or Payments otherwise under this Part to the persons proving to his m~de under sa t l ' S f ac t' IOn th. e'll' cla'uns to receI.ve t1le saHle sha11 be a s th n i f S fic A ie c n t t good and valid discharge to the Comnlissioner, and he shall tdhisclclarge ~ o no t b e b oun d 01' l'eqm . reu .1 to see to t I 10 } app ' lCa t' IOn 0 f sio e nel' o.mmlS- any of the moneys paid to the Registrar of the Supreme 1863, s. 52. Court or other person, or to see to the performance of any trusts. 66. (1.) If compensation is awarded or has been Oompensation agreed to be paid in respect of land taken from any person ~~ 1 c.as~ of having a partial or qualified interest only in such land, i: l~ : ; : sts. the following provisions shall apply:- ~ ~ ~ ~ ; ;:1~·. (i.) If the compensation is two hundred pounds or upwards, it shall be paid into the Supreme Court, and the Registrar shall apply the same, upon an order of the Supreme Court or a Judge thereof made on the application of any person interested, to one or more of the following purposes, that is to say,- (Cl) The discharge of any debt or encumbrance affecting the land, or affecting any land settled therewith, or t.o the same or like uses, trusts, or purposes; (b) The purchase of other land to be crmveyecl, limited, and settled upon the like uses, trusts, or purposes; (c) Removing or replacing any buildings on the land, or substituting others in their stead; (cl) The purchase of such securities as the Court or Judge may direct, to be settled in the same manner as the land; (e) In payment to any party becoming absolutely entitled thereto. (ii.) If the compensation is more than twenty but less than two hundred. pounds, it shall be paid into the Supreme Court, and the Hegistrar may apply the same to any of the above- mentioned purposes, but no order of the Court or Judge shall be necessary;

GJ20 ss. 67, 68. RAILWAYS AND TRAMWAYS. PART I I I . - - ~ - . ApPROVAL, COXSTRUC- Railways Act. 5 GEO. Y. )io. 24, TION, AND MAINTEN- ANCE OF (iii.) If the compensation is not more than twenty RAILWAYS. pounds, it shall be paid by the Commissioner to the persons entitled to the rents and profits of the land, or, in t.he case of their disability or incapacity, to their respective guardians, trustees, or committees (or, if there is no committee, to the Curator in Insanity), as the casc may he. (2.) The costs of nnd incidental to any proceedings under this section shall be in the discretion of the Supreme Court or Judge thereof. (3.) Nothing in this section shall be deemed to prevent any person who has a partial or other qualified interest in land to which interest he is soleIv entitled, and which he may absolutely sell or dispose of, from receiving any com- pensation awarded to him in respect of such interest, or which has been agreed to be paid to him. ~ fortgaged 67. If the land in respect of which compensation is ; 3a~ ~ iw. VII. awarded or has been agreed to be paid is subject to a So. 14, s. 28. mortgage, the Court slwll, upon application by the mort- gagee, award that the compensation, or so much as is required for the pm'pose, shall be paid in discharge of the mortgage debt, or of part thereof, as far as the comp~ msa- tion will go. ' The term "mortgage debt" includes the interest payable on such mortgage up to six months beyond the day when the land affected was taken or dealt with under this Part. Land subject 68. If the land in respect of which compensation is t6cohEarrdegnwet. . - VIr. a C w h aarrgdeedoor rahnansUbI . teye, ntahO 0 e' reCedomtot bsehaplal,idu'ipsosnubajpepcltictaotIa • Ornen b t y - No. 14, s. 29. the person entitled to such rent-charO t:I 'e or annuit , v ,' , deter- mine what part of such compensation shall be paid to the person so entitled in redemption thereof; and, if the land is part of land subject to a rent-charge or annuity, the Court, upon like application, shall determine what part of such rent-charge or ann'uity shall be redeemed, and what part of such compensation shall be paid in the redemption thereof, so that the remaining part of the land subject to the rent-charge or annuity slJall be as good security as theretofore for the part thereof remaining unredeemed.

HAILWAY8 AND THAMWAY8. ss. 69-72. (H21 1914. ------------ - ~ -- -- - - -- ------ Railways Act. ----- PART III.- ApPROYAL, COKSTRL'C- TION, A"iD 69. If the land in respect of which compensation is ~~ ~ ~T~ ;­ awarded or has been agreed to be paid is part of land in RAILWAYS. respec t 0 f w 1 n · c h any ren t I . S paya l ) 1 e, tlle C ourt . s 1 1a 11 ,upon p " a 'h y e a' r h e le r o e u n t t o is f - application by the person liable to pay rent, determine landsofwl;ich wh'1t part of such rent shall cease to be payable, so that i:{ ! n~ nly IS the rent ceasing to be payable shall hear the same pro- 6 Edw. VIr. portion to the whole rent as the value of the land in No. 14, s. 30. respect of which compensation is awarded or agr~ed to be 'paid bears to the value of the whole land. 70. (1.) If the owner or occupier of any land taken Proceeding in or • occupied un . der this ' Act or any other person , refus • es to ctoasge. l o ve f ruepfusal gIve up possesslOn thereof, or obstructs the CommisslOner land. or any person appointed in writing by him, the Commis-;' Ed1~ : VIii sioner may issue his warrant to the sheriff to deliver 0, ,s. . po~ session of the same to the person appointed in the warrant to receive possession, and on receipt of the warrant the sheriff shall deliver possession of such land accordingly. (2.) The costs of the issue and execution of the warrant, to be settled by the sheriff, shall be paid by the person in default, and may be deducted from any com- pensation payable to him, or the same or any balance may be levied by distress and sale of the goods and chattels of such person. 71. Where any land taken by the Commissioner is Lands not not required , the Oomm - i , ssioner may , with the ( ap})l'oval of w be an so te ld d . Il1[lY - the Governor in Council, exchange or sell such land and 1863, s. 80. execute the necessary transfer for and on behalf of thB Crown. 72. (1.) rrhe following provlslOns shall be applicable Substituted t o cases w I lere a ral ' w 1 ay ' IS . cons t rue t e d upon or ot· lelnn'se 1ro8a6d3s, . ss. 90, interferes with any road :-. Ol. (2.) If it is found necessary to cross, out through, raise, lower, or use any part of any road, so as to render it extraordinarily inconvenient for puhlic traffic, the Com- missioner shall, before the commencement of any such operations, cause a sufficient substituted road to be made. Any person who suff'ers special damage by reasou of the failure of the Commissioner to cause such substituted road to be made before he interferes with an existing road may recover the amount of such damage from the Com- missioner with costs by action in any court of competent jurisdiction.

6322 s.72. HAILWAYS AND TRAMWAYS. PART III.-- ,-- "'------------- - - - - - ApPROVAL, CONSTRUC- Railways Act. 5 GEO. V. No. 24, TION, AND MAINTEN- ANCE OF If the existing road can be restored compatibly with HAlLWAYS. the use of the railway, it shall, with reasonable expedit~ on, be restored to a substantial condition. If it cannot be restored compatibly with the use of the railway, the Oommissioner shall, with reasonable expedition, cause a sufficient substituted road to be put into a permanently substantial condition, equally convenient as the former road or as near thereto as circumstances ' Width (.r substituted roads. 1806, s. 25. permit. . Thc question of the sufficiency of such substituted road shall, in case of dispute, be determined by the Governor in Oouncil. (3.) N otwith~ tanding anything contained in "The Undue Subdivision of Land Prevention Act of 1885,"* where a road of less width thansixtv-six feet is interfered with, the substituted road need not be of greater but shall not (except in the case of a railway crossing oyer and above such road by means of a bridge or other structure as hereinbefore provided) be of less width than the road so interfered with. Lruainlwesaya.long part ( o t f .) a Ilninaenoyf craasielwa aryoamdapyabraellleelssaenndecdotnotingoutoulesstsothaanny thirty-three feet in width, or may be made of a width of not less than thirty-three feet. Approaches (5.) If the railway crosses a road other than on acrnodssfienngcse.s to tl 10 1 eve ) , tl le 0 omml . SS . lOner s h a 11 ma k e an d a t a 11 t· Imes 1863, s. 93. maintain convenient ascents and descents and other con- venient approaches, with handrails or other fences and such gates or stiles as are necessar·y. Altera!ion of (6.) Where it is expedient to alter the levels of any l1e8v8e0ls, sosf. r2oa, 5d, . roae 1 f or tl le purpose 0 f the cons t ruc t· IOn 0 f a ral ·1 way, the 9,11,12. Oommissioner shall pay all reasonable expenses incurred in connection therewith, unless otherwise agreed upon. 'fhe owner of any land prejudicially affected by such alteration of the level of any road within any city or , town, the level of which has been fixed under the Local Authorities Acts, shall be entitled to compensation from the Oommissioner, to be agreed on or, failing agreement, to be determined by the Oourt under this Pad, for all damages sustained by him by reason of such alteration. Ijne to be kept in ,·cpail'. (7.) The Commissioner slmll mainbin in good order and repair the railway on a road, and, if within a city or town, the surface of the roadway between the rails and for the space of eighteen inches outside each rail. * 49 Vie. No. 15, supra, page 3047.

RAILWAYS AND 'l'HAMWAYS. s.73. 1914. Railways Act. The character of the maintenance shall be in keeping PART HI.- ApPROVAL, COKSTRUC- HOC!. AND lV! ~ ~ ~ T~ : ­ with the road on which the railway has been constructed, RAILWAYS. (8.) The Oommissioner shall at once repair any Repairs to damage occasioned to any sewer, drain, gas or IrateI' main, dra:I:5. or works for supply of electricity during- the constmction or maintenance of any railway on a road, 73. (1.) The following provisions shall apply to ACCOllmoda· wo f orl] a{nsCllfsodra t'hJ0el, 1a1, clncgoma mraol' 1dwataiyon: - of the owners and occupiers 1 ti 8 o; , , , . 3, w s o . r ! k l4 s. . (2.) The Oommissioner shall make and at all times thereafter maintain the following works, that is to say,-- (i.) Such and so many convenient gates, bridges, Gn,te5, "'c. arches, culverts, and passages over, under, bridge,-, or by the sides of or leading to or from the railway as are nece:csary for making good any , interruptions caused by the railway to the use of the lands through which the railway is constructed; Such works shall be made forthwith after the part of the railway passing over such lands has been laid out or formed or during the formation thereof; (ii.) Sufficient post.s, rails, hedges, ditches, mounds, Fences, &e. or other fences for separating the land taken for the use of the railway from the adjoining lands not taken, and protecting such lands from trespass or the stock of the owners or 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 raHway, and all necessary stiles; Sucb posts, rails, and other fences shall be made forth with after the taking of any such lands if the owners thereof so require, and the said other works as soon as conveniently may be; (iii.) Necessary arches, tunnels, culverts, drains, or Dra; n~ . other passages, either over or nnder or by the sides of the railway, of such dimensions as will be sufficient at all times to convey the water as clearly from the lands lying near or affected , by the railway as before the construction of the railway, or as nearly so as may be; Such works shall be made from time to time as the railway works proceed.

s.73. RAILWAYS AND TRAMWAYS. PART III.-- ApPROY.IL, CONSTRue- TIO:-.T, AKD Ra11wClYS Act. 5 GEO. V. No. ~ 4, M.UNTEN- AXCE OF (3.) But the Commissioner shall not be required to RAILWAYS. make such accommodation works in such a manner as Proviso. ·would prevent or obstruct the working or using of the railway, nor to make any accommodation works with respect to which the owners and occupiers of the lands have agreed to receive and have been paid compensation in lieu of making them. Difference as (4.) If any difference arises respecting any kind or tmooadcactoiomn- number of any such accommodation works 01' the dimen- works. sions or sufficiency thereof, or respecting the maintaining 1863, s. ~ 5. thereof, the same shall be determined bv the Governor in Council, who shall also appoint the time ~ithin which such works shall be commenced and executed. Additional (5.) Any owner or occupier of land affected by the aticocnomwmorokds.a- 'railway, who considers the accommodation works made by 1863, ss. ~ 6, the Commissioner, or directed by the Governor in Council, v7. insufficient for the commodious use of such land, may at any time, at bis own expense, make such further works for that purpose as he thinks necess:U'y and as arc agreed to by the Commissioner. If the Commissioner so desires, all such last-men- tioned accommodation works shall be constructed under the superintendence of the· engineer of the railway and according to plans and specifications to be submitted to and approved by the Commissioner. Nevertheless, the Commissioner shall not be entitled to require either that plans should be adopted wllich would involve a greater expense than that incurred in the execution of similar works by the Commissioner, or that the plans selected should be executed in a more expensive manner than that adopted in similar cases by the Commissioner. Owners to be (6.) Until the Commissioner has made the bridges or a c l r l M ow S e u cl nt t i o l other proper commnnications which, under the plOvisions accommoda- herein contained) he has been required to make between a ti r o e n m w a o d r e k . s lands intersected by the railway, and 110 longer, the 1863, s. 98. owners and occupiers of such lands and any other persons whose right-of-way is affected by the want of such com- munication, and theil; respective servants, may at all times freely - pasR and repass with carriages and live stock 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 exercise of such right-of-way, and so as not to obstruct the passage along the railway or to damage the same,

I~AILWAYS AND TRAMWAYS. ss. 74-76. 0825 1914. Railways Act. ------------ Nevertheless, if the owner or occupier of any such PART III.- ApPROVAL, CONSTRUC- TION, AND MAINTEN- ANCE OF lands has, in his arrangements with the Commissioner, RAILWAYS. 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 claiming under him s11a11 not be entitled so to cross the railway. (7.) Any person who omits to shut and lock any gate Omitting to seL Up at either side of the railway for the accommodation ~~~;~s~~t~~. of the owners or occupiers of the adjoining lands, as soon as he and the vehicles and live stock (if any) under his care have passed through the same, shall be liable to a penalty not exceeding ten pounds. 74. Subject to this Act, the Commissioner shall be Powers of the authority to decide on the position character and Com~ issio. ner • . . " over lInes 111 smtableness of all statIOns, statIOn platforms, gate-houses, construction. station yards, sheds, piers, wharves, or jetties required for 1888, s. 2G. or in connection with any railway, or of any other building, siding, platform, or work for the accommodation of traffic. 75. (1.) The Commissioner shall maintain the 1'ail- Maintenance. wavs and all works in connection therewith in a stato of 1888, s. 23. effi"ciencv, and work the same in such manner as will best con duce"to the general public benefit. (2.) The Commissioner shall at all times cause to be Inspection. mude a careful inspection of the condition of the railways. (;3.) Whenever it appears to the Commissioner that Alteration a partiall'econstruetion, duplication, or partial duplication and repair. or other addition to or extension of the roadway of any existing line or part thereof, or any bridge, viaduct, or other work, or that the laying -of new rails or that any other repair or alteration of any line 01' work vested in him is necessary, he may construct and carry out such worb by means of moneys feam time to time appropriated by Parliament for the pmpose. (4.) During any reconstruction, repair, or alteration, Temporary the traffic may be conducted along temporary roadways, roadways. or otherwise, as the Commissioner deems hest for the public interest and safety. 76. Any notice, claim, 01' other document required by Service of this Part to be served on any per • son may be sent to the d 1 o 8 c 6 u 3 m , s e . n 2 t 4 s. . last known place of abode or bUSIness of such person by 6 Rdw. VII. messenger or by post. No.l4, s. 34. If such person is absent from the State, the document may be served on his agent in like manner.

6344 ss. 116-119. PART V.-- ADMINISTRA- TION. HAlLWAYS AND 'rRAMWAYS. - - - - -- ------------------- Railways Act. 5 GEO. V. No. 24, Monthly 116. The Commissioner shall submit to the Minister rreetvuernnueofanu once a month a printed return showing the revenue and expenuitul'e. expenditure of each railway system in the State during 1896,8.17. the last preceding month, together with the revenue and expenditure of each system for the corresponding month of the previous year. Annual Report. 1896, s. 18. 117. The Commissioner shall prepare an Annual Report of the D2partment for the year ending on the thirtieth day of June. 1'he report shall show, separately and in detail, the revenue and expenditure upon the respective lines or sections of lines, if they are worked in sections. There !'hall be apportioned therein to each branch line a due proportion of the revenue gained by and expenditure incurred upon and in connection with main lines by reason of the existence of such branch lines. '1'he 'report shall show the general condition of the rolling-stock, permanent way, buildings, and other accom· modation for traffic, and also the special rates (if any) which have been made since the last Annual Report, and the reasons for making them. '1'he report shall he transmitted to the Minister before the first day of September next ensuing, and shall be by him forthwith laid before both Houses of Parliament if Parliament is then sitting; otherwise within fourteen days after the commencement of the session next ensuing. COlllmissioller 118. 'rhe Commissioner shall prepare and transmit to e to sti p m re a p te a s r . e the Minister, in such form and at such time as he may 1896, s. 19. direct, estimates of receipts and expenditure for each period of twelve months ending on the thirtieth day of June in each year. Mining unuer 119. (1.) It shall not be lawful for the owner, lessee, railways, &('. or occupier of any mines or minerals lying under or near t 1 o 1'9 !? 6 9 , . ;s. 27 any I'm ·1 way 1 m · e or 1 an d use d 1 i' 01' I'm '1 way purposes to make any tunnel or excavation which, in the opinion of the Commissioner, might render such line or land unsafe .to use for railway purposes. It shaH not be lawful to carry on any mining opera. tions whatever under any land used for railway purposes unless or until the consent in writing of the Commissioner has been obtained.

1914. RAILWAYS AND TRAMWAYS. Railways Act. ss. 120, 121. 6845 PARTV.- ADMINISTRA- TION. (2.) Any inspector appointed under "The l.l1ines Inspection Regulation Act of 1910,"* or any competent person may be made. thereto authorised by the Oommissioner, may at all reasonable times by day and night enter, inspect, examine, and make a survey of any mine and every part thereof, but so as not to impede or obstruct unnecessarily the working of the mine, and may make such examination and inquiry as are necessary to ascertain whether the provisions of the last preceding subsection are complied with. (3.) Any person who wilfully obstructs such inspector ~bstructing or otber person in the execution of his duty under this mspectol'. Act, and every ,owner, agent, or manager of a mine who refuses or neglects to furnish to such inspector 01' other person the means necessary for making an entry, inspec- tion, examination, inquiry, or survey under this Act in relation to such mine, shall be liable to a penalty not exceeding fifty pounds. e 4..) If it appears that any such mine has been or is Oommissi.oner boer inm . gteorr f eisrelikweiltyhtothbee wstoarbk 1 'leI' dtysot haesretoofd, atmheagOeotmhme Ir. Lssliilownaeyr ammdaeoyapntrseedqtoUfolbrree may order the owner, lessee. , or occupier thereof to con- tthhee s ra a~ Il e w ty ayo. f struct such works and t.o adopt such means as are in the opinion of the Oommissioner necessary for making safe the railway and preventing injury thereto, and if r;mch order or any part thereof is not forthwith complied with the Oommissioner may himself comply therewith, and recover the expense of so doing from such owner, lessee, or occupier by action in any court of competent jurisdiction. 120. Nothing in this Act shall extend to charge or Oommissioner make liable the Commissioner further or in any other case D:0t~o be than where, according to the laws of this State, common ~ : - ea: e; Oe; tent carriers would be liable, or extend to deprive the Oommis- thaD:common sioner of any protection or privilege which common carriers ~ ~~~ ~~· 102. are entitled to. But, on the contrary, the Commissioner shall at all times be entitled to the benefit of every such protection and privilege. 121. (1.) In any action brought against the Commis-Limit. of sioner to reOOver. damages or compensation in respect offolaruages 1 persona1 I·nj.ury, t1le Court or J.ury sha11 not find or assess inorjupryer. sona nor shall judgment be given or entered for the plaintiff 1902, s. 7. * 1 Geo. V. No. 24, supra, page 2241.

6346 PARTV.- ADlIUNISTRA- TION. ss. 122, 123. RAILWAYS AND TRAMWAYS. Railways Act. 5 GEO. V. No. 24, for any amount of money exceeding the amount following, that is to say,- If the personal injury results in death, two thousand pounds: If the personal injury results in permanent disable- ment, two thousand pounds; If the personal injury results in temporary disahle- ment, one thousand pounds. Examination by medical (2.) Whenever any person claims damages or C01U- lTIan. pensation from the Commissioner in respect of any alleged 1888, s. 72. personal injury, any Judge of the Supreme Court may, at anv time before or after an action has been commenced, order that the person injured be eXamil)ed on behalf of the Commissioner by some one or more duly qualified medical practitioners named in the order, and may make such order with respect to the manner, time, and place of conducting the examination and the costs of the application for such order and of such examination as he thinks fit. Limit of damages 122. In any action brought against the Commissioner in respec·t of to recover damages or compensation in respect of loss of a 1 n 9 i 0 m 2 a , 1 s s . . 8. or injury to any animal, whether during carriage by railway or otherwise, the Court or jury shall not find or assess nor shall judgment be given or entered for the plaintiff for any amount of money exceeding the amount following, that is to say- For every horse, twenty pounds; For every head of horned cattle, ten pounds; For every sheep, one pound; For every dog or other animal, five pounds ;' unless in the case of an animal to be carried by railway the owner of such animal or the consignor acting on his behalf has, previous to consigning the samE', declared the value of such animal to be greater than the amount aforesaid, and has paid in addition to the freight an insurance charge which shall in no case exceed, for everyone hundred miles or part of one hundred miles of the proposed journey, a sum equal to one shilling for every ten pounds or part of ten pounds of the value so declared. Limit of damages in respect of passrngers' luggage. 1902, s. 9. 123. In any action brought against the Commis- sioner to recover damages or compensation in respect of loss of or injury to any passenger's luggage, the Court or jury shall not find or assess nor shall judgment be given or entered for the plaintiff for 11 greater amount of money

1914. RAILWAYS AND TRAMWAYS. Railways Act. ss. 124, 125. 6347 PARTV.- ADlIlINISTRA' TION. than ten pounds in respect of the whole of such luggage, unless the owner of such luggage has, previous to entering on his journey, or, if he is not travelling by the same train, previous to the departure of the train conveying such luggage, declared the value of such luggagc to be greater than ten pounds ::md has paid an insurance charge which shall in no case exceed, for everyone hundred miles or part of one hundred miles of the" proposed transit, a sum equal to one shilling for every ten pounds or part of ten pounds of the value so declared. 124. In any action brought against the Commis- Damage in sioner to recover damages or compensation in respect of respect of loss or injury by reason of the burning of the grass or grass fire,. other property of any owner or occupier of land alleged to have been occasioned by sparks from any railway engine or from some act or default of any employee for whose act or default the Commissioner is liable, the Court or jury shall not find or assess nor shaH judgment be given or entered for the plaintiff for any sum of money exceeding five hundred pounds; moreover, the plaintiff in any such case shall not be entitled to recover any sum of money whatever unless he proves that on his part he has adopted all such measures and precautions for the prevention of fire on and the spread of fire into and upon the land whereof he is owner or occupier as the Commissioner has prescribed by by-laws or directed by notice in that behalf, whether generally or relating to any particular locality, place, or circumstances. 125. (1.) No action shall be brought against the Limitation of CmoamttmerissairoI . sn . merg oorutanoyf to I l t I . h S eAr cpt, erusonn l esisn ' Itre I . s S peccotmomfenacney 'd a1c8t8io8n, s s . . 71. within one year after the act complained of was committed. No such action shall be commenced until one month Notice of at least after a notice in writing of the intended action action. has been served upon the Commissioner or such other person by the party intending to commence such action or by his solieitor or agent, in which notice the cause of action and the court in w hieh the same is intended to be brought shall be clearly and explicitly stated, and upon the back thereof shall be indorsed the name and place of abode of the party so intending to sue, and also the name and place of business of his solicitor or agent if the notice is served by such solicitor or agent.

6:348 PARTV.- !ADMINISTRA- TION. ss. 126, 127. RAILWAYS AND 'L'RAMWAYS. Ra-ilways Act. 5 GEO. V. Ko. 240, A notice under this section shall not be deemed invalid by reason of any defect or inaccuracy therein, unless the judge before whom the action is tried is of opinion that the defendant in the action has been prejudiced in his defence by such defect or inaccuracy. Tender of (2.) If the Oommissioner or any person has committed a 1 m 86 e 3 n , d s s . . 127. any irregularity, trespass, or other wrongful proceeding in the execution of this Act, or by virtue of any power or authority given by this Act, and ]f, before action brought in respect thereof, the Commissioner or such person tenders sufficient amends to the person injured, such last-mentioned person shall not recover in any such action. If no such tender has been made, the defendant, by leave of the court where such action is pending at any time before issue joined, may pay into court such sum of money as he thinks fit, and thereupon such proceedings shall be had as in other cases where defendants are allowed to pay money into court. Inquiry directed by Com- missioner. 126. The Commissioner may at any time direct any employee or employees to hold any inquiry which in his- opinion is necessary for any of the purposes of this Act. 'rhe said employee or employees shall hold such in9. u~ry accordingly, and furnish a report to the Com- mISSIOner. Accidents to 127. Whenever, upon or about any railway or any be rep?r.ted to work, building, or place of any kind whatsoever used or t 1 h 8 e 88 C , V s I . ll4lls4t.er. eonnec t ed WI' th any ra1 '1 way. an . y sue I 1 acCl' den t as 1 lerp1 ' n- after specified takes place in the course of working such railway, viz. : - - (a) Any accident attended with loss of life or personal injury to any person; (b) Any collision where one of the trains is a passenger train; (0) Any passenger train or portion thereof acci- dentally leaving the rails; Cd) Any accident of a kind not comprised in the foregoing descriptions, but which might have caused loss of life or personal injury; the Commissioner sha11- (i.) Cause the earliest information thereof, by tele- graph, post, or otherwis(', to be transmitted to the Minister;

1914:. RAILWAYS AND T'RAMWAYS. Railways Act. s. 128. PART V.- ADMINISTRA- TION. (ii.) Appoint such employee or employees as he thinks fit to hold an inquiry into the matter; (iii.) As soon as practicable after such inquiry, send to the Minister full particulars of the accident and the report of such employee or employees. 128. Where it appears to the Minister, either before Governor in omroraefte f rortmhea l com · mvemsetI . ngcae . tlmOennt 0 o f f t, a 1 lney ascuCcI 'd henint,quainryd, othfatthea C idn, ; yr m ee l cs 1 tt c i i gf l oamrtmiaoyanl. causes thereof, and of the circumstances attending the 1888, s. 4.5. same, is expedient, he shall notify the same to the Governor in Oouncil, and the Governor in Oouncil may, by Order, direct such investigation to be held; and with respect to such investigation the following provisions shall have effect :- (L) The Governor in Oouncil may, by the same or any subsequent Order, direct a District Oourt Judge. justice, or other person or persons named in the same or any subsequent Order to hold such investigation, with the assistance of the assessors (if any) named in the Order. (ii.) The investigation shall be deemed to be a judicial proceeding, and the person or persons holding any such formal investigation (herein- after referred to as the court) shall hold the same in open court, in such manner and undf'r such conditions as he or they may think most effectual for ascertaining the causes and cir- cumstances of the accident, and enabling him or them to make the' report in this section mentioned. (iii.) rriw answers or declaration s of any person examined under this section shall not be admis- sible in evidence in any proceeding against such person except a prosecution for pm:jury or for giving or making a false answer or declaration, (iv.) The court, after holding an investigation con- cerning any accident, shall make a report to the Governor in Oouncil of the causes of the accident and the circumstances attending the same, with any observations thereon or on the evidence or on any matters arising out of the investigation which the court thinks right to make; and such report shall be laid before

6350 PARTV.- ADMINISTRA· TION. ss. 129, 130. RAILWAYS AND TRAMWAYS. Railways Act. 5 GEO. V. No. 24, Parliament within seven days from the making thereof if Parliament is sitting, and, if Parlia- ment is not sitting, then within seven days after the next meeting thereof. Rights of employees to be represented at jlublic irlquiries. 181l1l, s. 46. 129. In all public inquiries and investigations into the cause of any accident, the emplovees shall have the .J right to be representel by one of their number or by any person whom they may select to represent their interests at such inquiry. Sale oftickets 130. (1.) Nothing contained in this Act shall be by employees. deemed to prevent any employee selling or exchanging or issuing any ticket in the ordinary course of official duty. Unlawful to (2.) Unless authorised by the Commissioner so to do, tsieclkl ertasilway no person shall sell or exchange or transfer, or offer to without sell or exchange or transfer in Queensland, the whole or authority. any part of any ticket, whether in connection with the railways of this State ill' of ::my other State of the Commonwealth. No person shall use upon any railway of this State any ticket sold, exchanged, or transferred, whether in this State or elsewhere, 'without the authority of the Commissioner. Or to have place of business for sale, &e., of railway tickets. (3.) No person sha11- (a) Set up, establish, maintain, conduct, or operate or assist in any office or place within Queens- land for the slle, exchange, or transfer of the whole or any part of any ticket, ""bether in connection with the railways of this State or of any other State of the C~mmonwealth; or (b) Occupy or be employed in any office or place within Queensland upon or within or in con- nectioIl with which is attached or displayed any sign bearing the words" Railway Ticket Olnce" or "Railway Tickets" or "Ticket Broker," or any word or words or combination of words intended or calculated to advertise or notify to the public that the whole or any part of any railway ticket or pass or evidence of a ri~ht to travel as a passenger upon Queensland railways or the railways of any other State of the Commonwealth is 01' may be sold, bought, or exchanged or transferred therein, This subsection does not apply to an agent authorised under this Act by the Commissioner whilst acting pursuant to such authority, or to any servant of such agent.

1914. RAILWAYS AND THAMWAYS. Railways Act. s. 131. PARTV.- ADMINISTRA- TION. (,.t.) No person sha11- Prohibition (a) WbriI·tnhgou I . n t t 0 law Q ) fuuelenasu 1 tahnodr,iotyr aosrsI. esxt.cIunsem, makal'klleg oorr? & Inmc.p, uoonrftlaatit, cI, : Okfuenlt, s.. bringing into Queensland, any ticket, whether in connection with the railways of this State or of any other State of the Commonwealth; or (b) Counterfeit or assist in counterfeiting any ticket, whether in connection with the railways of this State or of any other State of the Common- 1vealth. (5,) No person shall, without lawful authority or Restriction on excuse, place, erase, omit, or alter, or assist in placing, a.lterillg erasl.llg, omI' tt' lllg,. or a It erl . llg, any prm . t e d , wrI . t t en, tICket. engraved, lithographed, or stamped word, letter, mark, or figure on or from a ticket, whether in connection with the railways of this State or any other State of the Commonwealth. (6.) In any prosecution for a contravention of this Onus of section, the onus of proof that he has not been guilty of proof. such a contravention l'lhall be on the defendant. (7.) Any person ,vho js guilty of a contravention of Penalties. this section shall be liable for a first offence to a penalty of not more than twenty pounds, and for a second or subse- quent offence to a penalty of not more than forty 'pounds, or to imprisonment for any tel'm of not more than six months, or to both such penalty a.nd impri.sonment. 131. (1.) Any person who, without reasonable excuse Passe.n~ ers the l . )roof whereof ' sha v ll lip upon hilTI- fprraaucdtms onngthe (a) rrravels or attempts to trayel by railway without qommis- 1 laV · lllg prevl . Ous I y pal 'd l l ' IS f are; or S 1 l 8 O 6 n 3 e , r. s. 112. (b) Having p_aid his fare for a certain distance, proceeds by railway beyond such distance without previously paying the additional fare f or the additional distance; or (0) Refuses or neglects to quit on arriving at the point to which he has paid his fare; shall he liable to a penalty not exceeding ten pounds in addition to t,he proper fare. (2.) All employees and other persons on behalf of the Detention of Commissioner and all members of the police force maVoffenders. arres t . any person w 1 10 I · S reasona b ' l y suspec t e cl 0 f 1 lav . m ,; g 1863, s. 113. committed or attempted to commit any offence against this section, and detain him until he can be taken before justices to be dealt with according to law.

6852 PARTV.- ADMINISTRA· TION. ss. 132-136. RAILWAYS AND THAMWAYS. 5 GEO. V. Ko. 24, List of 132. (1.) The Commissioner shall- cause to be pre- cphreaprgaersedtofobre pare d f rom t' lIne t 0 t' Ime, as occaS . IOn re . qmres, a l I ' S t 0 f' a 11 sale t) public. charges prcscrioed for the time being, and have the same 1896, s. 20. printed and issued in pamphlet form to the public at a price specified tbereon to be fixed by the Commissioner. (2.) The Commissioner shall cause to be kept at each railway station, pier, jetty, wharf, or other place where charges are payable, a book or'books showing every charge for the ti me being in force, including any rates charged under any special contract. By-laws may 133. The Commissioner may from time to time 1b8e6m3, ad s. e · . 116. make By-laws with respect to all or any of the matters 1888, s. 38. set forth in the Second Schedule to this Act. 1906, s. 18. [Sch. H.] License fees. A hy-Iaw may impose reasonahle fees or charges for or in respect of licenses granted under any of the by-laws. Penalty. A by-law may impose a penalty for any breach thereof, and may _also impose different penalties in case of successive breaches. But no such penalty shall exceed fifty pounds. By-law to be 134. (1.) No by-law shall have any force 01' effect a Gpopvreorvnrodr by unless t he same has been sealed with the seal of the in Council. Commissioner and approved by the Governor in Council. 1888, s. 39. Every such by-law so sealed and approved shall be published in the Gazette, and shall thereupon have the same force and effect as if it had been contained in this Act, and shall not. be questioned in any proceedings whatsoever. Every such by-law shall be laid before the Legislative Assembly within forty days after the publication thereof if Parliament is sitting, or, if not, then within forty days after the commencement of the next session thereof. (2.) '1'he production of the Gazette containing the notification of the approval of a by-law shall be sufficient evidence, until the contrary is shown, that such by-law has been duly made, sealed, and approved, and that it is still in force. Repeal of by-laws by Governor in Council. 1888, s. 4l. 135. A by-law, or part of a by-law, may be repealed by the ftovernor in Council. Alteration of 136. No by-law in any way aItering or annulling 1p8· y8- 8la, wss.. 68. any privileges or immunities which any employee had previously enjoyed, or dealing in any way with hours of

1914. RAILWAYS AND TRAMWAYS. Railways Act. ss. 137-139. PARTV.- AD)IINISTRA- TION. work or wages of employees, shall have any force or effect until the expiration of fourteen days from the publication thereof in the Gazette. . PART VI.-GENERAL PtWVISIONS. PART VI.- GENERAL PROVISIONS. 137. Any summons or notice, or any writ or other Ser~ 'ice of . proceedinO e ' in an . y " leaal proceeding requiring to be served nCOotmICmesI. Su- pon on the Commissioner may be served by the same being sioner. given personally to the secretary or beid'g left at or trans- 1863,8.126. mitted through the post by registered letter directed to the principal office of the Commissioner in Brisbane. 138. Any employee or agent of the Commissioner Misconduct omramy ecma 11 betor o I lfI . SthaSeSI . pSo t alinccee, fomrcaey, aanrrdesatl,l Wsu . Ict 1 h IO p U e t rsaonnys a 0 stllhe1e' roearfinlppwe1a o rsy y o. e nds on warrant than this Act- 1863, s. 133. (i.) Any employee or other person employed upon a railway or in repairing and maintaining the works of a railway who- (a) Is drunk whilst so employed upon the rail- way; or (b) Commits any offence against any by-law; or (c) 'Wilfully, maliciously, or negligently does nny act or is guilty of any omission of duty whereby the life or limb of any person pass- ing along or being upon the raihmy or the works thereof is or might be injured or endangered, or whereby the passage of any locomotive, rolling-stock, or train is or might be obstructed or impeded; or (ii.) Any person who counsels, aids, or assists in any offence under paragraph (b) or (c) hereof; and may convey the offender before any two justices to be dealt with according to law. Every such person so offending sllall be liable to be imprisoned with or without hard labour for any period not exceeding six months or to a penalty not exceeding fifty pounds. 139. Any person who- Obstruction, (a) W I 'lf U 11 Y 0 b S t ruc t s or I . mpe d es any person ae t" mg 1 d 8 a 6 m 3 a , gses., 1 & 2 c 8 . , under the authoritv of the Governor in Oouncil I2 £', 136. or the Minister 0'1' the Oommissioner in the lawful exercise of any power in setting out or

G854 ss. 140-142. R.AIUL\YS AKD TlL\MWAYS. PARTVI.- GENERAL PROVISIO"~ . Railways Act. ---- ------ 5 GEO. V. No. 24, in constructing any railway, or in the execu- tion of his duty upon any railway or upon . or in any of the stations or other works or premises connected therewith; or (b) Without duo authority, destroys, mutilates, defaces, takes away, or alters the position of any survey station, survey peg, mark, pole, stake, notice-board, notice, or mile-post fixed or set up by any person under the authority of this Act; or (c) Wilfully trespasses upon any railway or any of the stations or the works or premi.ses con- nected therewith; or (d) Without due authority, depastures any live stock on any land vested in or under the control of th~ Commissioner; or (e) Throws any gravel, stones, or rubbish, or any matter or thing upon any part of a railway, or drives or permits to wander, stray, or be driven upon any railway or the approaches thereto any animals of any kind, or does any ot her act, matter, or thing to obstruct the free passage of any rail,my or any part thereof; or (1) Wilfully obstructs any person acting under the authority of this Act; and all others aiding or assisting therein, shall be liable to a penalty not exceeding fifty pounds. f' ~ nalties t~ 140. Every penalty or forfeiture imposed by this r b e e co su v m er m ed a . rIly A C t may b e recovere d an d en f' orce d b y comp 1 am . t I . n a ]863, s. 137. summary way. Damage to be 141. If, through any act, neglect, or defau1t on I ~ n na a d d e dI ~ t ~ IO od n to a • ccount whereof any person has incurred any penalty l,enalty. Imposed by this Act, any damage to any railway or other 1863, s. ]38. property used in connection therewith has been committed by such person, he shall be liable to make good such dfl.mage as well as to pay such penalty. The amount of such damages shall, in case of dispute, be determined by the Oourt by or before which the party incurring such penalty has been convided; such damages to be recoverable in like manner as the penalty. Evidence of Gazette. 142. A copy of the Gazette purporting to contain 1906, s. 17. any notice or Order in Oouncil given or made under this Act, or any certificate of the Oommissioner given for any

1914. RAILWAYS AND TRAMWAYS. Railways Act. s.143. 6355 PART VI.- GENERAL PROVISIONS. of the purposes of this Act, shall be conclusive evidence of all the facts therein stated. 143. (1.) In this section the term "board of inquiry" I.nterpl'eta- means and m· cIu es any pderson or person·s appom ted by l1ioGne. o. V. or under the authority of this Act, (If by His Majesty, ~ o. 26, ES. 2 or the Governor in Council, or the Minister, or the Com- ,07. missioner to hear any appeal with respect to employees, or to conduct any inquiry or hold any im'estigation into any accident, or to hold any inquiry into the conduct of any employee, or to make any inquiry with. respect to any matter arising under this Act.. (2.) '1 he Chairman of a board of' inquiry, or the sole Power to member thereo f ,as the case may I Je, may, by WrI ·tl· ng sweintndefso3le' s Hnd under his hand, summon any person to attend the board docnments. of inquiry at a time and place named in the summons, and then and there to give evidence and to produce any books, documents, or writings in his custody or control material to the subject-matter of the inquiry. (3.) Any member of such board may, under and POW(!to sub " iect to "The Oaths Acts " 1867 to 1891 ,,* administer an oexaathlU, m & e c. on oath to or take the affirmation or declaration of any person appearing as a witness before such board, whether the witness has been summoned or appears without being summoned. (4.) A board of in,quiry may- Powers of (a) Enter and, inspect any place or building the board. entry and inspection whereof appears to such board requisite for the purposo of the inquiry; (b) Require from any person answers or ~ eturns to such inquiries as such board thinks fit to make; (0) Require any person examined to make and sign .. a declaration of the truth of the statements made by him in his examination: _ Provided that the answers or declarations of any person so examined shall not be admissible in evidence in any proceeding against such person, except a prosecution for perjury or for giving or making a false answer or declaration. . (5.) If any person served with a summons to .attend Failing to a board of inquiry, whether the summons is served per- attednd or . sona 11 y or b y. b e · m · g Ie t fat · hIS usual place 0 f ab 0 de, fal.ls d p o ro cu u m c e e nts. -* 31 Vie. No. 12 and amending Acts, 8upra, pages 2281 et 8eg.

6356 PART VI.- GENERAL PROVrSI9NS. s.144. HAlLWAYS AND TRAMWAY::;. Railways Act. 5 GEO. V. No. 24, without reasonable excuse (the proof of which shall lie on him) to attend such board or to give any return, or produce any documents, books, or writings in his custocly or control which be was required by the summons to produce, he shall be liable to a penalty not exceeding twenty pounds, or, in case of a failure io give any return or produce any document, the said penalty may be imposed for every day during which such failure continues. Refusing t&o (6.) Jf any person appearing as a witness before a ober sgwivoern, c., board 0 f ' mquu . 'y re f uses t 0 be sworn or t 0 make an el"idence. affirmation or declaration or to answer any question put to him by a.ny of the members touching the subject-matter of the inquiry, he shall be liable to a penalty not exceeding twenty pounds: Provided that no such person shall be compelled to answer any question tending to incriminate hlm~ ( . Obst.ruction. (7.) If any person without reasonable excuse (the 1888, s. 47. proof of which shall lie on him) prevents or impedes such board in the execution of its duty, he shall be liable to a penalty not exceeding twepty pounds. Any member of such board, or any person called by him to his assistance, may seize and detain the offender until he can be taken before two justices to be dealt with according to law. Protection to (8.). Every member of such board shall, in the exercise board. of his duty, have the same protection and immunity as a Judge of the ~upreme Court. Proteetion to (9.) Every witness summoned to attend or appearing oanf dwlitinaebsislietsy. before a board of inquiry shall have the same protection and shall, in addition to the penalties provided by this Act, be subject to the same liabilities as a witness in any case tried in the Supreme Court. (10.) The claim to allowance of any such witness, certified by the Chairman of the board of inquir,. or by the sole member, as the case may be, shall be paid by the Commissioner. Publication 144. (1.) Every Order in Council made under this of Orders, &c. Act shall be published in the Gazette. . Amending or (2.) The Governor in Council may by another Order Orersdceirnsd, in&gc. in Council amend or rescind any Order in Council made under this L<\ ct. Misnomer, (3.) No misnomer or inaccurate description or omis- & prce. , jundoitceto. sion contained in any such Order in Council shall in anywise prevent or a.bridge the operation of this Act with

RAILWAYS AND TRAMWAYS. s.144. 8ch. I. 6357 1914. Raaways Act. . _ - - - - - - - _ .. _ - - - - - - - - PART VI.- GEKERAL PROVISIONS• respect to the subject of such description; provided the same is designated so as to be understood. (4.) No Order in Oouncil purporting to be made under this Act, and being within the powers conferred on the Governor in Oouncil, shall be deemed invalid on account of any non-compliance with any of the matters required by this Act as preliminary to the same. ([).) No Order in Oouncil made or purporting to be made under this Act shall be called in question in any proceedings whatever unless such proceedings are taken within twelve months from the date of publication of such Order in Council in the Gazette. Short Title. FIRST SOHEDULE Year and :'\0. of Act. [See s. 4.] 27 Vie. No. 8 28 Vie. No. 24 36 Vie. No. 21 44 VIC. No. 10 52 Vie. No. 8 56 Vic. No. 11 58 Vie. No. 21 60 Vie. No. 30 64 Vic. No. 13 64 Vic. No. 19 64 Vic. No. 21 1 Edw. VII. No. 16 2 Edw. ~ II. No. 8 2 Edw. VII. No. 17 5 :Edw. VII. No. 13 f> Ed\\,. VII. No. 14 6 Edw. VII. No. 15 8 Edw. VII. No. 13 9 Edw. VII. No. 19 ... He Raiitca.1f Act 0/ 1863 The Railu·a./j Act of 1864 The Raihcay All1endment Act of 1872 l'lIe Railway and Tramway Exte,nlO11s Act, 18'-0 The Railwalls Act of 1888 The Railll' a~ 's Construation (Land Subsidy) Act of 11392 The Lfjan Balances Diversion Act of 1894 1'11e Railways Act oj H88 Amendment Act 0/ H9G The G1ad8to1l8 to Callide Railwa./j Act of 19(1) Tile Albert River, Burketown, and Lilydale Tramway Act 011800 The Glass/ord Creek Tramway Act oj 1900 The Port .lvorman, ~ " ' ormanton, and Clon- curTII Railwa.y Act oj 1901 Thf1 Railways Acts Amendment Act of 1902 The Gladstone to Callide Railway Act Amendment Act of 1902 The Hailwll.1Js (Emplo./jecs' App8<1l) Act of 1905 TIle Albert River, Burketown, and Lil.1fda1e Tramwa.1f Act Amendment Act of 1905 The Railways Act q/1906 The A!bert Rive)', Burkelown, and Lilyclale Tramway Act of 1908 ... I The Railzl'llYs Ads Amendment Act of 19U9

6358 8ch. 11., 1-14. RAILWAYS AND TRAMWAYS. Railway.s Act. 5 GEO. V. No. :24, [See s. 133.] SECOND SCHEDULE. SUBJECT-MATTER FOR By-LAWS. Traction. 1. Regulating the mode by which, and the speed at which, trains are to be moved or propelled. Time table. 2. Regulating the times of the arrival and departure of trains. LORding. 3. Regulating the loading or unloading of vehicles, and the weights which they are respectively to carry. Receipt and 4. Regulating the receipt and delivery of goods and other delivery. things to be conveyed by railway. Roudcarria"e. 5. Regulating the carriage upon any road of any passengers <> or goods by the Commissioner, or any contractor with him, to or from any railway. Pangerou; good~. 6. Regulating the conditions under which, and the times when, explosives and dangerous goods shall be carried, and prohibiting the carriage of dangerous explosives. Fares, &c. 7. Fixing the fares for the conveyance of passengers, and the charges for the conveyance of animals, goods, and parcels; prescribing which fares or charges, if any, shall be prepaid. Nuisallce". 8. Preventing the commission of any nuisance in or upon the carriages, or in or upon any land or property whatsoever vested in or under the control of the Commissioner; preventing the emptying of sewage or drainage on to any of the railways, or on to any such land or property whatsoever. Smoking. 9. Permitting or prohibiting smoking in stations, buildings, and carriages. Berthing Tesseh, &0. 10. Regulating the admission of vessels to any pier, wharf, or jetty vested in or under the control of the Commissioner, and their removal from the same, and the good order and government of such vessels whilst at such pier, wharf, or jetty; regulating the exercise of the several powers vested in any pier-master, wharfinger, or berthing-master; regulating the use of any such pier, wharf, or jetty; fixing the amount of charges to be paid by any vessel using any such pier, wharf, or jetty, or any crane the property of the Commissioner; or on goods brought to or taken from any vessel using any such pier, wharf, or jetty by lighter or other vessel; or upon live stock and goods received or delivered upon 01' from any such pier, wharf, or jetty. Stownge, &c. 11. Regulating the shipping, unshipping, landing, ware- honsing, stowing, depositing, and removing of all goods from or at any such station, building, pier, wharf, or jetty. Good conduct. 12. Regulating the conduct of all persons (not being any officer of the Marine Board, or of the Department of Harbours and Rivers, or of the Customs) while upon or in any such station, building, pier, wharf, or jetty, or while employed at or near the same. Light.s, &0., 13. Regulating, subject to the approval of the Marine Board, on yessels. the use of fires and lights within or on board any vessel being at any such pier, wharf, or jetty. Care of gooch. 14. Preventing damage or injury to any vessel or goods at any such station, building, pier, wharf, or jetty.

RAILWAYS AND THAM:WAYS. - ~ ~ - - ~ ~ - - - -- ~ 1914. Railway" Act. 8ch. 11.,15-31. 6359 15. Regulating the duties and conduct of porters, cabmen~ Porters, &c. carmen, draymen, and carriers (not in the employment of the Commissioner), employed at or plying for hire to or from any such station, building, pier, wharf, or jetty; requiring such persons to obtain licenses for themselves and vehicles plying for hire from the Commissioner, and fixing the charges to be paid to them for carrying any passengers, goods, articles, or things from or to the same. 16. Regulating generally the travelling or traffic upon or using Traffic or working of the railways and of such stations, buildings, piers, generally. wharves, and jetties; and the good government and maintenance of order thereon. 17. Specially regulating the conduct of the traffic during any Traffic during reconstruction or repair of any railway. repairs. 18. Regulating the terms and conditions upon which special Special train8. trains will be run. 19. Regulating the admission of the public to any railway and Admission to to any such stations, buildings, piers, wharves, or jetties; and stations, &c. fixing a charge therefor, or dispensing with the same on certain g,ays or for certain times. 20. Regulating the use of stamps as pre-payment upon parcels. Stamps on parcels. 21. Regulating the sale of tickets at stations and other places, Tickets. and the conditions under which such tickets shall be sold. 22. Fixing demurrage charges where goods are to be loaded Demurrage. into or discharged from trucks by owners, consignors, or consignees. 23. Fixing the charges for warehousing goods, and the charges 'WarellOuse to be paid in respect of parcels and luggage left for transit or for charg,·s. care or custody, and the conditions upon which they respectively will be received. 24. Regulating the disposal of unclaimed goods. LT eelaimerl goods. 25. Imposing conditions upon which passengers' luggage will Passengel's' be carried. lllggage. 26. Preventing or regulating bathing or fishing in, or shooting Reservoirs over or upon, any reservoir or tank connected with any railway or &c. ' upon any railway lands. 27. Regulating or prohibiting the carriage of corpses, and Corpses, &(". prohibiting the carriage of persons intoxicated or suffering from disease or otherwise likely to interfere with the health or comfort of other passengers. 28. Prohibiting the carriage of diseased animals, and prevent- Diseased ing them from coming upon any station or premises. animals. 29. Preventing damage or injury to railway stations, buildings, Damage to piers, wharves, jetties, premises, carriages, gates, fences, or any property. property whatever. 30. The issue of free passes on the railways. Free passes. 31. Regulating public or private traffic across any railway, on, Level the level thereof; preventing animals from trespassing on any crossings, &c. railway. N

6360 8ch.II.,32-44. RAILWAYS AXD 'l'RAMWAYS. Railways Act. 5 GEO. V. No. 24, 1914. Advertising. 32. Regulating the manner in which public notices shall be advertised, and generally with regard to advertising in newspapers and elsewhere. Insurance. 33. Facilitating the insurance of persons travelling by rail- way by any Accident Insurance Company now or hereafter to be formed. Qualifications 34. Prescribing the qualifications required of all candidates for of employees. employment in each of the various branches of the railway service, and, if necessary, in each grade of such branches. Examination 35. The examination of candidates for employment and the of candidates. granting of certificates to them; the holding of examinations at local centres of such candidates, and, where necessary, of employees who are candidates for promotion; the public notification of such examinations and of the number of probable vacancies; the issue of free passes to candidates to enable them to attend for examina- tion ; the granting of certificates of educational and physical fitness by the examiners; prescribing forms in connection with such examinations. Examination 36. Determining the nature or character and extent of exami- forpromotiol1. nations or tests, according to the requirements of each of the higher grades of the service, which employees in the lower grades desiring to compete for and to be promoted to such higher grades shall undergo. SLatu8. Duties and privileges, &c., of employees. 37. Regulating the relative rank, position, or grade and the duties and conduct of the employees in each of the various branches of the railway service; and determining which of such grades shall be deemed the higher and lower grades, respectively, in such rail- way service. 38. Regulating the duties to be performed by the empioyees in the railway service, and the discipline to be observed in the performance of such duties, the granting of leave of absence from time to time, and arranging for the performance of duties during holidays, and affixing to breaches of such regulations, according to the nature of the offences, such penalties as by this Act are authorised. Appeals. 39. The hearing and determining of appeals, and the rules of practice and procedure in connection therewith. Retirement. 40. Fixing the ages at which persons employed shall retire in the different branches of the railway service. Cl" dil8 for 41. Adjusting the amount of credit to be given for traffic traffic under brought by or to a railway to which Part Ill. applies to or by any Pa,·t Ill., &cc. other State railway; and generally for giving full effect to Part Ill. Altering, &Cc., by-laws. 42. Altering or repealing by-laws. Witnesses' 43. Prescribing a scale of allowances to be paid to any witness expenses. summoned under this Act for his travelling expenses and mainten- ance while absent from his usual place of abode. Generally. 44. Generally regulating the travelling upon or using and working of the railways and the maintenance of good order, and regulating the conduct of employees, and providing for the due management of the affairs under charge of the Commissioner. and the protection of the railways and other works from trespass and injury.