Railways Acts Amendment Act of 1902 (2 Edw VII No. 8) (Qld)

MINING- l~ AILWAYS. 8559 2 EDW. VII. No. 8, 1902. Railwa.1Js .Act .Amendment .Act. ----------------------- hereinafter called the Principal Act. The Principal Act and" The Mining Act Amendment Act of 1901 ,,* and this Act may together be cited as " The Mining Acts, 1898 to 1902." 2. For the purpose of affording better facilities for D~ ainage of the drainage of mines subject to inundation from percola- mmes. tion of water accumulated underground and from other sources, the following amendments are made in Part XII. of the Principal Act :- In section one hundred and eighty-four the words S.184. "from a common source" are repealed, and the words " whether from a common source, or by flood waters or the discharge or flow of waters accumulated in any mine or other place or the percolation of water from any source or in any direction, or otherwise howsoever, and whether from above ground or underground," are inserted in lieu thereof. In section one hundred and eighty-six the word S.186. "flooding" is repealed, and the word "inundation" is inserted in lieu thereof. RAILWAYS. An Act to Amend the Railway Acts in Certain 2 ENdwo.. 8V. II. Particulars. THE [ASSENTE J) TO 1ST NOVEMBER, 1902.] RAILWAYS ACT AMENDMENT B E it enacted by the King's Most Excellent Majesty, ACT OF 1902. by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - - 1. (1.) This Act shall be read and construed with and Short title as an amendment of <, The Railways Act of 1863," ., The ~ ~! struction. Railway Act of 1864," " The R(J,ilway Amendment Act qf 1872," " The Railway and Tramway Extensions Act, 1880," " The Ilailways Act (:11888," "The Railways Act of 1688 Ame'ndment Act qf 1896," and "The Railways Acts Amendment Act oJ 1900,"t and may be cited together with those Acts as "The Railways Acts, 1863 to 1902," or separately as "The Railways Acts Amendment Act of 1902." * 1 Edw. VII. No. 10, supra, page 8183. t 27 Vie. No. 8, supra, page 2065; 28 Vie. No. 24, supra, page 2096; 36 -Vie. No. 21, supra, page 2099; 44 Vie. No. 10, supra, page 2104; 52 Vie. No. 8, 8upra, page 2596; 60 Vie. No. 30, supra, page 6097; and 64 Vie. No. 12, supra, page 7366.

8560 RAILWAYS. Railways Acts Amendment Act. 2 EDW. VII. No. 8, Repeal. [Schedule.] (2.) So much of the Acts hereinbefore mentioned and of any other Act, and of any Regulation or By-law made thereunder respectively, as are inconsistent with this Act, and, in addition, the several Acts mentioned in the Schedule to this Act to the extent therein indicated, are repealed, except as to anything done or suffered or any rights, claims, penalties, forfeitures, or liabilities already accrued, incurred, and in existence thereunder at the date of the passing of this Act. - o AC f opmpominist· ment taine 2 d . iNn oatnwyithosftatnhdeinAgctsaniynthtihneg ltaost thperecceodnitnrgarysecctoionn- sioner. referred to, the Governor in Council may, by commission under his hand and the Great 8eal of the State, appoint a Commissioner for a term not exceeding seven years, and upon such appointment all the functions, duties, rights, liabilities, privileges, and powers imposed and conferred upon the Commissioners or upon the Commissioner under " The Railways Acts, 1863 to 1902," or any other Act shall thereupon devolve upon and be performed and exercised by such Commissioner. Expenditure 3. All moneys from time to time appropriated by ~~ ; ~ ; : ! ated Parliament for the maintenance and management of the amf. onardintenance rcaoinlwneacytsedyewstietdh isnucthhemCaoinmtemniasnsicoenearn, danmdanfoargeamllenptu, rpshoas 1 e1s, management. subject to the provisions hereinafter contained, be expended undEr the direction and control of the Commissioner. Expenditure 4 . . A11 moneys from time to time appropriated by a o p f p m r o o n p e ri y ated Parliament for the construction of new railways and for the for new construction or purchase of rolling-stock, and for all pur- r f a o i r lways and poses in connection with such construction of new railways rolling.stock. or construction or purchase of rolling-stock, shall be expended by the Commissioner under the direction and control of the Minister. Contracts. 5. (1.) The Commissioner may by his corporate name contract for the execution of any work authorised by " The Railways Acts, 1863 to 1902," or any oth~r Act to be executed by him, or for furnishing fuel, materials, or labour, or for providing locomotive engines or other rolling- tltock or motive or tractive power, or for any other matters or things whatsoever necessary for enabling him to carry the purposes of the said Acts or such other Act into full effect in such manner and upon such terms, for such sum; and under such stipulations, conditions, and restrictions as the Commissioner thinks proper: .

RAILWAYS. 8561 1902. Railways Acts Amendment .Act. Provided nevertheless that, anything in the said:Acts or such Act to the contrary notwithstanding, no such contract shall be of any force or effect unless or until the same has been approved and ratified by the Minister by writing under his hand. (2.) Every such contract shall be in writing, and shall specify the work to be done, the fuel,' materials, or labour to be furnished, and the price to be paid for the same, and the time within which the work is to be com- pleted and the fuel, materials, or labour to be furnished, and the penalties to be suffered in case of non-performance thereof; and every such contract may comprise several works, and may in every case specify the person to whose satisfaction the work or works is or are to be completed or tbe fuel, materials, or labour furnished, and the mode of determining any dispute which may arise concerning or in consequence ofsuch contract. 6. The Commissioner, with the approval of the Power to 1 .L l.. u .. lm . S t er sl"gnflied by WrI 'tm' g under hI' S hand, may com- bcoremapcohuonfd pound and agree with any person who has entered into contracts. any contract in pursuance of or under the authority of "The Railways Acts, 1863 to 19U2," or any other Act, or against whom any action or other proceeding is brought or instituted for any penalty contained in such contract, or in any bond or other security for the performance thereof, or for or on account of any breach or non-performance of any such contract, bond, or security, for such sum of money or other consideration as the Commissioner with such approval thinks proper. C omm 7 l . . SSI . InOnaenry t 0 actrieocnovwerhic d hammaagye' sbe obrrocuogmhtpeangsaaitnI . Ostn thI . ne r Ld e ai c mm ov ait ~ a r eo a sf ble respect of personal injury, the Court or the jury shall not ~ o~ personal find or assess nor shall judgment be given or entered for Injury. the plaintiff for any amount of money exceeding the amount following, that is to say;- If the personal injury results in permanent disable- ment, two thousand pounds; If the personal injury results in temporary disable- ment, one thousand pounds. 8. In any action which may be brought against the Limit of Oommissioner to recover damages or compensation in ~ : ~ : ~ : ble respect of loss of or injury to any animal, the Court or the in ;respect of jury shall not find or assess nor shall judgment be given anImals.

8562 RAILWAYS. Railways Acts Amendment Act. 2 EDw. VII. No. 8, 1902. 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 afore- said, 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 9. In any action which may be brought against dreacmoavgeerasble in the COmml. SS.IOner t 0 recover damages or compe.nsa t I ' On I . n respect of respect of loss of or injury to any passenger's luggage, the f: ; ; ~ ~ ~ rs' Court or jury shall not find or 3,ssess nor shall judgment be given or entered for the plaintiff for a greater amount of money than ten pounds in respect of the whole of such luggage, unless the owner of such luggage has, previous to entering on his journey, declared the value of such luggage to be greater than ten pounds, and has paid an insurance charge which shall in no case exceed, for every one 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. Date of Act_ • _SCHEDULE. Title of Act. Extent of Repeal. 27 Vic. No. 8... The RailwaY8 Act of 1S63 28 Vic. No. 24... The Railway Aot of 1864 Sections 2 and 3. Sections 2, 3, and 4. 52 Vic. No. 8... The Railways Act of 1888 Sections 19, 20, "'1 60 Vic. No. 30 36, and 37. The Railways. Act of 1888 Amend- Sections 6 and ment Aot of 1896 10. 64 Vic. No. 12 ... The Railways Acts Amendment Act Section 3. i of 1900 _ _ _ _ _----'--1_______________________________ REGISTRATION OF FIRMS. See FIRMS.