Railways Amendment Act 1897 (WA)

Wieztent Rurtratta.

ANNO SEXAGESIMO PRIMO

VICTORIA: REGINA,.

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No. XXXII.

AN ACT to further amend the Railways Act,

1878.

[Assented to, 23rd December, 1997.]

E it enacted by the Queen's Most Excellent Majesty, by and

.13with the advice and consent of the Legislative Council and

Legislative Assembly of Western Australia, in this present Parlia- ment assembled, and by the authority of the same, as follows :-

THIS Act may be cited as the Railways Amendment Act, 1897, and shall be read and construed with and as an amendment of	Short title ancl in
corporation with 42
the Railways Act, 1878, hereinafter called the Principal Act.	Vict., No. 31.

1.

2.

THE Commissioner may at all times run locomotive engines consuming any kind of fuel, either with or without carriages, or

Power to rim loco-

motive engines.

other vehicles, or machines, upon any railway or siding, and upon

any jetty, pier, wharf, or landing place connected with a railway.

WHEREVER any railway shall cross any street, road, high- way, or thoroughfare on a level, it shall be lawful for the Minister to	Power to erect and
maintain gates at
erect and maintain gates across such street, road, highway, or	level crossings.
thoroughfare on each side of the railway, and the Minister may employ proper persons to open and shut such gates; and it shall be

3.

61° VICTORLE, No. 32.

Railways Amendment Act, 1897.

lawful to keep such gates closed across such street, road, highway, or thoroughfare on both sides of the railway, except when foot- passengers, horses, cattle, carts. and carriages passing along the same shall have to cross such railway and may safely do so ; and no per- son or body corporate shall be entitled to claim compensation for or upon account of any land being taken or used for the purpose afore- said, or for any damage or inconvenience arising from the erection or maintenance of such gates.

Amendment of Sec- 4. SO much of Section Seventeen of the principal Act as provides

tion 17 of 42 Viet.,	that the two arbitrators shall nominate an umpire is hereby repealed
No. 31.	and in lieu thereof :

Resident Magistrate (a.) Where the amount claimed does not exceed One hundred the land in respect of which the claim arises, if not in- terested in the case, shah_ act as umpire, and, if such Magistrate is interested in the case, a Judge of the Supreme Court shall, on the application of either party, appoint some other Resident Magistrate to act as umpire;

to be umpire where	pounds, the Resident Magistrate whose Court is nearest
claim does not ex-
ceed £100.

Judge to be umpire (b.) Where the amount claimed exceeds One hundred pounds,

where claim exceeds	a Judge of the Supreme Court shall act as umpire.
£100.

5. THE eighteenth section of the Principal Act is amended by

Amendment of Sec-

tion 18 of 42 Viet.,	inserting after the words " Judge of the Supreme Court " of the
No. 31.	words "other than the umpire."

In the name and on behalf of the Queen I hereby assent

to this Act.

GERARD SMITH, Governor.

By Authority : R < 103 PE• ITER, Government Printer, Perth.