Railways Amendment Act 1893 (WA)

WESTERN AUSTRALIA

ANNO QU/NQUAGESIBTO SEPTIMO

VICTORLE REGINALE

No. 17

An Act to further amend The Railways Act, 1878.'

[Assented to 13th October, 1893.

tive Assembly of Western Australia, in this present Parliament	BE it enacted by the Queen's Most Excellent Majesty, by and with
assembled, and by the authority of the same, as follows :—

PrombE

the advice and consent of the Legislative Council and Legisla-

57 VICTORIA. No. 17

The Railways Amendment Act, 1893

1. This Act may be cited as The Railways Amendment Act,1893,' Short title and

and shall be read and construed with and as an amendment of The me"Im'atum

Railways Act, 1878,' hereinafter called the Principal Act.'

2. (1) In any case where land has been taken before, or is taken No compensation

after, the passing of this Act by the Commissioner of Railways under IT 2 I: ,—,a ,ec bt /auks

wh Tight ho i ch

the provisions of the Principal Act, out of a location or allotment, and

the Crown was, or is at the time of such taking, entitled otherwise than re'une`

by the Principal Act to resume the whole of the land so taken, no com-

pensation whatever for or in respect of such land shall be paid or be

payable under the Principal Act, or any amendment thereof, to any

person whomsoever.

(2) If the land which has been or is so taken as aforesaid Compensation exceeds thequantity which the Crown was or is entitled to resume as !1,1„T,I,btil„t„ aforesaid out of the location or allotment from which it was or is exceeds qua n tity

taken, then compensation shall be payable under the Principal Act ' eslì,en,tetig 't

in respect only of the difference in area between the quantity of such

location or allotment which the Crown was or is entitled to resume as

aforesaid and the actual quantity so taken.

(3) The compensation payable in respect of such difference in area shall be the sum which bears the same proportion to the value of the whole quantity of land so taken as such difference does to such whole quantity, and the value of such whole quantity shall be ascertained as provided by the twenty-second section of the Principal Act. How computed

3. Whenever during the course of arbitration proceedings under Arbitrators may

the Principal Act, or any amendment thereof, any question of law	nrx questions
arises, the arbitrator or the arbitrators and umpire, as the case may be, shall, upon the application of any party to such proceedings, reserve such question for the consideration and determination of a Judge of the Supreme Court, and may postpone or adjourn such proceedings pending such determination, or may make Ins or their award, as the case may be, subject to such determination.

4. Whenever any question of law has been reserved as aforesaid, Arbitrators to

the arbitrator or arbitrators and umpire, as the case may be, shall sw""ase

forthwith state a case, setting forth the facts out of which such ques-

tion arises, and shall sign and transmit the same to the Registrar of

the Supreme Court, and the party upon whose application such ques-

tion was reserved shall forthwith apply to a Judge in Chambers to fix

a day for the consideration of the said question, and shall give to the

other parties to the arbitration proceedings at least one day's clear

notice in writing of the day so fixed. Any such application may be

heard and determined by a Judge in Chambers or in Court as the

Judge directs.

5. Whenever a case has been stated under this Act, the Court or Case may be

Judge to whose determination such case is submitted may cause such 'ended

case to be sent back for amendment, or may amend the same by consent

of the parties to the arbitration proceedings.

6. The judgment or order of the Court or Judge determining any question of law reserved as aforesaid, or an abstract or minute	tent In
e,1 ou ease
thereof, shall be endorsed by the Registrar of the Supreme Court upon the case stated with respect to such question, and be by him transmitted

57 VICTORI2E. No. 17

The Railways Amendment Act, 1895

to the arbitrator, or arbitrators and umpire, as the case may be, by whom such question was reserved, and such arbitrator, or arbitrators and umpire, shall be bound by such judgment or order.

Party dissatisfied 7. Any party to any arbitration proceedings who is dissatisfied with

may appml

any judgment or order as aforesaid may appeal therefrom to the full

Court.

W. C. F. ROBINSON,

GOVERNOR.