Redhead Coal-mine Railway Act of 1883 No rcm (NSW)

A n Act to enable a Company called the " R e d ­ head Coal-mining Company (L imi ted)" to const ruct a Rai lway from the Redhead Coal-mine to t he Great N o r t h e r n Rai lway. [14th April, 1883.]

WH E R E A S cer ta in persons now res iding in t he Colony of South W a l e s have opened coal-mines and established collieries

N e w

on a parcel of land s i tuate near Newcas t le in the par i sh of K a h i b a

c o u n t y of	Cumber l and a n d w i t h others have formed themselves in to a
Company	called t h e " l l edhead Coal -mining Company L i m i t e d " and

in order to facil i tate communica t ion be tween t h e said coal-mines a n d

t h e Grea t N o r t h e r n Ra i lway such Company is desirous of cons t ruc t ing

a ra i lway from the i r said coal-mine to t he Grea t N o r t h e r n Ra i lway b u t as pa r t of such proposed rai lway is in tended to be made u p o n and pass t h r o u g h land believed to be t he proper ty of t he Crown bodies corporate a n d pr iva te persons respectively the same cannot be made wi thou t Legis la t ive au tho r i t y A n d whereas t h e said coal-mines are l ikely to p rove beneficial to t h e Colony and the publ ic are concerned in p romot ing such a n increase in a n d facilities for t h e supply of coal for local consumpt ion s team naviga t ion and expor t as would resul t from the const ruct ion of t he said proposed ra i lway and t h e traffic on t h e Grea t

N o r t h e r n Rai lway would be increased the reby I t is therefore desir­

able to au thor ize b y Legis la t ive e n a c t m e n t t he cons t ruc t ion of t he said ra i lway subject to t he provisions hereinaf ter conta ined upon pay­ m e n t of compensat ion to t he several par t ies t h r o u g h whose land t h e same shal l pass for such port ion of theii* respect ive lands as m a y be requi red to be t a k e n and occupied the reby Be i t therefore enacted

by t h e Queen ' s Mos t Exce l len t Majesty by and wi th t he advice and

consent of t h e Legislat ive Counci l and Legis la t ive Assembly	of	N e w
South Wales in Pa r l i amen t	assembled and by t h e au tho r i t y of	tho
same as follows :—

1. I t shall be lawful for t he said Company to m a k e a n d con­

s t ruc t a ra i lway from the southern boundary of thei r said land u n t o

a n d t h r o u g h the lands k n o w n as t h a t of G. Oakley E . Bul l D i x o n

L i t t l e Alcock	a n d	others	W a r a t a h	Coal Company Dr . Mi tche l l	(now
E .	C. Merewea the r )	and u n t o a n d	t h r o u g h	the l and k n o w n as t h a t	of

thereof shall be vested by v i r tue of th is A c t and wi thou t t he necessi ty of a n y conveyance in t he Company for t h e purposes of the ra i lway Provided t h a t no lands vested in t he Commissioner for Ra i lways shal l b y

t h e N e w L a m b t o n Coal Company and jo in ing the proposed Sydney

a n d W a r a t a h Ra i lway line n ine ty-seven miles seventy- three cha ins from Sydney or about four miles from Newcas t le and to effect if necessary a j unc t ion be tween said l ine and the Great N o r t h e r n Ra i l -

Avay in accordance w i t h section n ine ty -n ine of t h e " G o v e r n m e n t

Ra i lway A c t of 1 8 5 8 " such ra i lway to be in t h e direct ion described in t he Schedule b u t so t ha t t h e same shall no t occupy a t any pa r t thereof (except near t he j unc t i on of t h e Grea t N o r t h e r n Ra i lway) a grea ter

space in b r ead th t h a n sixty-six feet A n d also t h a t t he said Company

m a y t a k e and occupy th ree acres of land or a n y lesser area a t t h e

j u n c t i o n of t he said ra i lway wi th t h e Grea t N o r t h e r n Ra i lway .

2. T h e g round and soil of so m u c h of t h e site of t he ra i lway as
passes over t he lands of t h e said owners of lands respect ively and over

Crown L a n d s toge the r w i th such r igh t s of ingress egress a n d regress

upon t h e adjacent land as m a y b e necessary for t he m a k i n g and repa i r

by v i r tue of this A c t be vested in t h e Company and no th ing here in

conta ined shal l p reven t tho said owners from car ry ing on any m i n i n g

operations benea th t h e said ra i lway wh ich shal l no t interfere wi th t h e safety of t he said ra i lway and the traffic thereon and the Company shal l have no fur ther r i gh t to t h e soil of the said lands b e n e a t h t he surface t h a n shall be requis i te for the format ion and repairs of t h e said road by cu t t i ng embank ing s inking wells or o therwise Provided t h a t t he said ra i lway shall be cons t ruc ted and b r o u g h t in to use wi th in five years after t he pass ing of this A c t and t h a t in defaul t thereof or if after i ts com­ ple t ion t h e said railway shall cease to be used for th ree years cont inu­ ously all t h e said lands and all the said Company ' s in te res t and es ta te the re in shall rever t w i t h o u t any conveyance to t he original owners thereof the i r heirs and assigns Provided also t h a t if in t h e exercise of t h e powers hereby g ran ted it be found necessary to crosscut t h r o u g h sink raise or use a n y pa r t of any road whe the r carr iage road or horse road so as to render i t impassible for or dangerous or incon­ venient to t h e persons ent i t led to t h e use thereof the Company shall before t he commencement of any such operations cause a sufficient road to be m a d e instead of any road interfered wi th and shall a t the i r own expense ma in t a in such subs t i tu ted road in a s ta te as convenient as t h e road interfered wi th or as near ly as may be A n d t h e Company before they use t h e said lands of t he said owners of land and the said Crown Lands respectively for any of t h e purposes aforesaid shall if requi red so to do separate t he same by a sufficient fence from the land adjoining the re to w i t h such gates as m a y be required for t h e convenient occupa­ t ion of such land and shall also to all pr ivate roads used by t h e m as aforesaid p u t u p fences and gates in like m a n n e r in al l cases where t h e same m a y be necessary to prevent t he s t r ay ing of ca t t le from or upon t h e lands t raversed by such roads and in case of any difference be tween t h e owners or occupiers of such roads and lands and t h e Company as to t h e necessity for such fences and gates t h e n t h e said Company shall p u t u p a n d erect such fences and gates as any two Jus t i ce s of t he Peace shall deem necessary for t h e purposes aforesaid on applica­

t ion be ing m a d e to t h e m .

3. The rai lway shall be open to t h e publ ic use upon paymen t of a toll to t he Company of a s u m not exceeding two pence per ton per mi le in respect of every ton of goods for every t rans i t t he pa r ty seeking t r ans i t supplying and loading his own t rucks or waggons and the Company supply ing locomotive power and all t rucks w h e n empt ied shal l be conveyed on the i r r e t u r n free of charge Provided always t h a t it shal l no t be compulsory on the Company to supply locomotive

hundred tons a t least du r ing the twelve work ing hours and give

power unless t he par ty seeking t rans i t gua ran tee and b r ing one

not ice of same a t least twenty- four hours previously The ra i lway shal l a t all t imes be open to t h e publ ic u p o n p a y m e n t of a toll to the Company of a s u m not exceeding one penny ha l f -penny per ton per mile in respect of every ton of goods for every t rans i t if the pa r ty seeking t ransi t supply t h e locomotive power as well as t he t r u c k s a n d waggons Provided tha t so long as t he Company shall be wil l ing to supply locomotive power no o ther person shall use locomotive power on t h e line Provided t h a t if t he ra i lway shall be damaged by par t ies who shall themselves use t he ra i lway for t rans i t and supply locomotive power t h e Company shal l be ent i t led to compensat ion for such damage to be recovered ei ther by action in t h e Sup reme Cour t of N e w South Wales or if such damage do not exceed the sum of t w e n t y pounds s u m m a r i l y before two Jus t i ces and in es t imat ing such damage t h e Company shall be enti t led not only to compensat ion for t he cost of repair ing and res tor ing t h e ra i lway b u t to t h e consequent ia l damage (if any) sustained by reason of the suspension of t ransi t or otherwise.

4. And be it enacted T h a t i t shall be lawful for t he owners or
occupiers of t h e lands t raversed by t h e said ra i lway to lay down upon

the i r own lands a n y collateral b ranches of ra i lway to communica t e

w i t h t h e said ra i lway for t h e purpose of b r ing ing carr iages to or from

or upon t h e said ra i lway and the Company shal l if requi red a t t he expense of such owners or occupiers m a k e openings in t h e rails and such addi t ional l ines of ra i lway as m a y be necessary for effecting such

communica t i on in places where t h e communica t ion can be made wi th

safety to t h e publ ic and wi thou t in ju ry to t h e said ra i lway and wi th­

out inconvenience to t h e traffic t he r eupon and t h e Company shal l no t t a k e any ra t e or tol l or o ther moneys for t h e pass ing of any passengers goods or o ther t h ings a long a n y b r a n c h so to be made by any such

owner or occupier or o ther person b u t th is e n a c t m e n t shal l be subject

to t h e following restr ict ions and condit ions ( tha t is to say)—•

No such ra i lway shall r u n paral le l to t h e said r a i lway—the Com­

p a n y shall no t be bound to m a k e a n y such openings in a n y place which t hey shal l have set apa r t for a n y specific purpose w i t h which such communica t ion wou ld interfere nor upon

a n y incl ined p la in or b r idge nor in a n y t u n n e l .

The persons m a k i n g or u s ing such b ranch rai lways shall be subject

to all by-laws a n d regula t ions of t h e Company from t i m e to t ime made wi th respect to pass ing u p o n or crossing t h e ra i lway and otherwise and the persons m a k i n g or us ing such b r a n c h ra i lways shal l be b o u n d to cons t ruc t and f rom t ime to t ime as need m a y requi re to renew t h e off set pla tes and switches according to t he most approved p lan adopted by t h e Company

u n d e r t h e direct ion of the i r enaaneer.

5. F o r t h e purposes and subject to t he provisions hereinaf ter conta ined i t shall be lawful for t h e Company the i r deput ies agen t s servants and w o r k m e n and all other persons b y t h e m author ized and empowered to diver t or a l ter the course of a n y road or way crossing the ra i lway or to raise or s ink a n y road or way in order t h e more con­ ven ien t ly to car ry t h e same over or u n d e r or by the side of t h e ra i lway.

6. I f t h e Company do n o t cause ano ther sufficient road to be so m a d e before they interfere wi th any such exis t ing road as aforesaid t hey

shall forfeit t w e n t y pounds for every day d u r i n g which such subs t i tu ted road shall no t be m a d e after t he exis t ing road shall have been inter­ r u p t e d and such pena l ty shall be paid to t h e t rus tees commissioners surveyor or o the r persons hav ing t h e m a n a g e m e n t of such road if a publ ic road and shal l be applied for t h e purposes thereof or in case of a p r iva te road t h e same shal l be paid to t h e owner thereof and every such pena l ty shal l be recoverable w i th costs b y ac t ion in any of t h e

Super ior Cour ts .

7. If in t h e course of m a k i n g t h e ra i lway t h e Company shal l

use or in terfere w i t h any road they shall f rom t i m e to t ime m a k e good al l d a m a g e done by t h e m to such road a n d if any quest ion shall arise as to t h e damage done to any such road by t h e Company or as to t he repa i r thereof by t h e m such ques t ion shal l be referred to t h e de te rmi­

na t ion of two Jus t i ces and such	Jus t i ces m a y direct such repairs to be
m a d e in t h e s ta te of such road in respect of d a m a g e done by t h e	Com­

p a n y a n d wi th in such period as t h e y m a y t h i n k reasonable a n d m a y

impose on t h e Company for n o t car ry ing in to effect such repairs a n y pena l ty no t exceeding t e n pounds per day as to such Jus t i ces shall seem fit a n d any such pena l ty shal l be paid to t h e surveyor or o ther person h a v i n g the m a n a g e m e n t of t h e road in ter fered wi th by t h e Company if a publ ic road and be applied for t h e purposes of such road or if a pr ivate road the same shal l be paid to t h e owner thereof P r o ­ vided a lways t h e said Jus t i ces shal l have regard to and shall m a k e full a l lowance for any tolls t h a t m a y have been paid to t h e Company on

such road in t he course of t he us ing thereof. 8.

8.    Unt i l t h e Company shall have m a d e the bridges or o ther proper

communica t ions wh ich t h e y shall unde r the provisions here in contained

have been requi red to m a k e be tween lands in tersected and t h e ra i lway and no longer t h e owners and occupiers of such lands and a n y o ther persons whose r ight-of-way shall be affected by the w rant of such com­ munica t ions and the i r respective servants may a t all t imes freely pass and re-pass w i t h carr iages horses and o ther an imals di rect ly b u t n o t otherwise across any pa r t of t h e ra i lway m a d e in or t h r o u g h the i r respect ive lands solely for t h e purpose of occupying t h e same lands or for t he exercise of such r ight-of-way and so as not to obs t ruct t h e passage a long t h e ra i lway or to damage t h e same nevertheless if t h e owner or occupier of any such lands have in his a r rangement s wi th the Company received or agreed to receive compensat ion for or on account of any such commun i ­ cations ins tead of t h e same being formed such owner or occupier or those c la iming u n d e r h im shall no t be ent i t led so to cross t h e ra i lway.

9. If t h e ra i lway cross any publ ic h i g h w a y or par ish road on a

level t he Company shal l erect and a t all t imes ma in t a in good and sufficient gates across such road on each side of the ra i lway where t h e same shal l communica te t he rewi th and shal l employ proper persons to open and shu t such gates and such gates shall be kep t constant ly closed across such roads on bo th sides of t h e ra i lway except du r ing t h e t ime w h e n horses ca t t l e car ts or carriages passing a long the same shall have to cross such rai lway and such gates shal l be of such dimensions a n d so constructed as w h e n closed to fence in t he ra i lway and p reven t cat t le or horses pass ing a long t h e road from en te r ing upon t h e ra i lway and t h e person en t rus t ed wi th t he care of such gates shall cause t h e same to be closed as soon as such horses ca t t le car ts or carriages shall have passed t h r o u g h the same unde r a pena l ty no t

exceeding for ty shillings for every defaul t there in . Provided always

t h a t it shal l be lawful for t he Secretary for Pub l i c W o r k s in any case in which ho shal l be satisfied t h a t i t wi l l be more conducive to t h e publ ic safety t h a t t h e gates or any level crossing over any such road shall be k e p t closed across t he ra i lway to order t h a t such gates shal l be k e p t so closed instead of across t he road and in case such ga tes shall be kep t cons tan t ly closed across t h e ra i lway except w h e n engines or carr iages passing a long the ra i lway shall have occasion to cross such road in t h e same m a n n e r and u n d e r t he l ike pena l ty as above directed w i t h respect to t he gates be ing k e p t closed across t he road.

10. I n case of accidents or slips h a p p e n i n g or be ing apprehen­

ded to t h e cu t t ings e m b a n k m e n t s or other works of t h e said ra i lway

i t shall be lawful for t h e Company and the i r w o r k m e n and servants to

enter upon t h e land adjoining the re to a t any t ime whatsoever for t he

purpose of repai r ing or p reven t ing such accidents and to do such works as m a y be necessary for t h e purpose b u t in every such case t he Company shall wi th in for ty-eight hours af ter such en t ry m a k e a r epor t to t h e Secretary for Pub l i c W o r k s specifying t h e n a t u r e of such accident or apprehended accident and of t he works nccessaiy to be done and such powers shall cease and de te rmine if t he said Secretary shall after considering t h e said report certify t ha t the i r exercise is no t

necessary for t he publ ic safety. Provided also t h a t such works shall

be as l i t t le in jur ious to t h e said adjoining lands as t h e n a t u r e of t h e accident or apprehended accident will admi t of a n d shall be executed w i t h all possible despatch and full compensat ion shall be m a d e to t he owners and occupiers of such lands for tho loss or in ju ry or incon­ venience sustained by t h e m respectively by reason of such works t h e a m o u n t of which compensat ion in case of any d ispute abou t tho same

shall bo set t led by arbi t ra tors in t h e m a n n e r hereinafter ment ioned .

A n d provided also t h a t no land shall be t a k e n pe rmanen t ly for any such works otherwise t h a n is here in provided w i t h respect to t h e lands or iginal ly t aken for t he purpose of m a k i n g t h e said rai lway.

1 1 . Eve ry br idge to be erected for t h e purpose of car ry ing the

ra i lway over	any road shall be bu i l t i n	conformity w i t h t h e	following
regula t ions	t h a t	is to	s a y : —

The width of the arch shall be such as to leave t he r eunde r a clear space of not less t h a n th i r ty feet if t he a rch be over a publ ic h ighway a n d of twen ty feet if over a par ish road and of twelve feet if over a pr iva te road.

The clear he ight of t h e a rch from t h e surface of t he road shall n o t be less t h a n s ixteen feet for a space of twelve feet if t h e a r ch be over a m a i n road and fifteen feet for a space of t e n feet if over a publ ic carr iage road and in each of such cases t h e clear he igh t a t the spr inging of t h e arch shal l no t be less t h a n twelve feet t he clear he igh t of t h e a rch for a space of n ine feet shal l not be less t h a n four teen feet over a p r iva te road.
The descent m a d e in t h e road in order to car ry t he same under

t h e br idge shall no t be more t h a n one foot in t h i r t y feet

if t h e br idge be over a publ ic h i g h w a y one foot in t w e n t y feet if over a par ish road and one foot in s ixteen feet if over a pr iva te road n o t be ing a t r a m r o a d or railroad or if t he same be a t r amroad or rai lroad the descent shall no t be greater t h a n t h e ru l ing gradient of such t r amroad or rai l road.

12. Eve ry br idge erected for car ry ing any road over t he ra i lway

shal l be bu i l t in conformity	wi th t h e following regula t ions	( tha t is to
say) :—

There shal l be a good and sufficient fence on each side of t h e
br idge of no t less he igh t t h a n four feet a n d on each side of

t h e immedia te approaches of such br idge of n o t less t h a n

t h r ee feet.

T h e road over the br idge shal l have a clear space be tween the
fences thereof of thir ty-five feet if t he road be a publ ic h igh­

way and twenty-f ive feet if a par ish road and twelve feet if a

p r iva te road.

The ascent shal l not be more t h a n one foot in t h i r t y feet if t he

road be a m a i n road one foot in t w e n t y feet if	a par i sh road
and one foot	in s ix teen if a p r iva te road not being a t r amroad
or	rai lroad or if t h e same be a t r amroad or ra i l road t h e ascent

shall n o t be greater t h a n	the r u l i n g gradient	of such	t r amroad
or railroad.

13 . Provided always t h a t in all cases where t he average avail­
able wid th for t h e pass ing of carr iages of any exis t ing road wi th in fifty

yards of t he points of crossing the same is less t h a n the wid th herein­

before prescribed for br idges over or u n d e r t h e ra i lway tho wid th of

such bi'idges need not be grea te r t h a n such average available w i d t h of such roads b u t so never theless t h a t such bridges be no t of less wid th in case of a publ ic h ighway or par i sh road t h a n t w e n t y feet Provided also t h a t if a t a n y t ime after t he cons t ruc t ion of t he ra i lway t h e average avai lable w id th of any such road shal l be increased beyond the wid th of such br idge on ei ther side thereof t he Company shall be bound a t the i r own expense to increase t h e w id th of t he said br idge to such ex ten t as they m a y be requi red b y t h e t rus tees or surveyors of such road n o t exceeding t h e w id th of such road as so Avidened or t he m a x i m u m Avidth here in prescr ibed for a br idge in the l ike case over or unde r t h e raihvay.

14. Provided also t h a t if t he mesne inc l ina t ion of any road

Avithin two h u n d r e d a n d fifty yards of t h e point of crossing the same or

t h e inc l ina t ion	of such por t ion of any road as m a y be preserved to be
a l tered	or for which ano the r road shal l be subs t i tu ted shall be steeper

t h a n t h e inc l ina t ion hereinbefore required to be preserved by t h e Company t h e n t h e Company m a y carry any such road over or unde r t h e

ra i lway

ra i lway or m a y cons t ruc t such a l te red or subs t i tu ted road a t an

inc l ina t ion n o t s teeper t h a n t h e said mesne incl inat ion of t he road so to be crossed or of t h e road so r equ i r ing to be al tered or for which

ano the r road shall be subs t i tu ted .

15.    The Company shall m a k e and a t all t imes thereaf ter ma in t a in

t he following works for t he accommodat ion of the owners and occupiers
of lands adjoining t h e ra i lway tha t is to say—

Such and so m a n y convenient gates bridges arches culver ts and passages over unde r or by t h e sides of or leading to or from t h e ra i lway as shall be necessary for t he purpose of m a k i n g good any in te r rup t ions caused by the ra i lway to t he use of t h e lands t h r o u g h which the rai lway shall be made and such works shall be made for thwith after the p a r t of t he ra i lway passing over such lands shal l have been laid out or formed

or d u r i n g the format ion thereof.

All sufficient posts rails hedges di tches mounds or o ther fences for separa t ing t he l and t aken for t he use of t h e ra i lway from the adjoining lands no t t aken and p ro tec t ing such lands from trespass or t he cat t le of the owners or occupiers thereof from s t ray ing the reon by reason of the ra i lway toge the r wi th all necessary gates made to open towards such adjoining lands a n d no t towards t h e rai lway and all necessary stiles and such posts rails and o ther fences shall be made for thwi th after t he t a k i n g of any such lands if t he owners thereof shall so requi re and the said o ther works as soon as convenient ly m a y be.

Also all necessary arches tunne ls culver ts drains or other passages ei ther over or unde r or by the sides of t h e ra i lway of such dimensions as will be sufficient a t all t imes to convey the water as clearly from the lands ly ing near or affected by the rai lway as before t he m a k i n g of t he rai lway or as near ly so as m a y be and such works shall be made from t ime to t ime as t h e ra i lway works proceed.

Also proper water ing-places for ca t t le or compensat ion in l ieu thereof where by reason of t h e ra i lway t h e cat t le of any person occupying any lands ly ing nea r the re to shall be deprived of access to thei r former watering-places and such water ing-places shal l be so m a d e as to be a t all t imes sufficiently supplied wi th water as theretofore A n d as it' t h e ra i lway had not been made or as near ly so as m a y be A n d t h e said Company shall m a k e all necessary water-courses and drains for t h e purpose of conveying wa te r to t he said

water ing-places .

Provided always t h a t t h e Company shall no t be required to m a k e such accommodat ion works in such a m a n n e r as would p reven t or obs t ruc t t h e work ing or u s ing of t he rai lway nor to m a k e any accommodat ion works wi th respect to which the owners and occupiers of t h e land shall have agreed to receive a n d shal l have been paid

compensat ion instead of t h e m a k i n g them.

1G. I f any person omit to shu t and fasten any gate set u p a t c i ther side of t he ra i lway for t he accommodat ion of t he owners or occupiers of the adjoining lands so soon as he and the carr iage ca t t le or o ther an imals u n d e r his care have passed t h r o u g h the same he shall forfeit for every such offence any sum not exceeding t en pounds .

17 . The Company shall no t be ent i t led to any mines of coal

i ron stone slate or ofher minera l s u n d e r any land whereof t h e surface

is vested in t h e m by v i r tue of th is A c t except only such pa r t s thereof as shall be necessary to be d u g or carried away in t he construct ion of t h e works hereby author ized A n d such mines shall no t be deemed to

vest in t h e said Company. 18 .

18. I f w i th in twen ty -e igh t clays after the pass ing of th i s Ac t t he

said persons t h r o u g h whose lands t he rai lway shal l pass or any of t h e m a n d the Company shall no t agree as to t he a m o u n t of compensa t ion to he paid by t h e m for t he said lands be longing to t he said par t ies or any of t h e m or for any damage t h a t m a y be sus ta ined by t h e m or h i m by reason of the execut ion of t he works or if any o ther quest ion as to compensat ion shal l arise unde r th i s A c t t h e a m o u n t of such compen­

sation shall be set t led by arbi t ra tors in m a n n e r hereinaf ter ment ioned

( tha t is to say) Unless bo th part ies shall concur in t h e a p p o i n t m e n t of

a single a rb i t ra tor each pa r ty on the reques t of t h e o ther pa r ty shall nomina te and appoin t an arbi t ra tor to w h o m such dispute or o ther m a t t e r shall be referred A n d every appo in tmen t of an arb i t ra tor shall

be u n d e r t he h a n d of such pa r ty A n d such a p p o i n t m e n t shall be

delivered to t he a rb i t ra tor or arbi t ra tors a n d shall be deemed a sub­ mission to arb i t ra t ion on the par t of t he pa r ty by w h o m t h e same shall be m a d e A n d after a n y such appo in tmen t shall have been m a d e

ne i the r pa r ty shal l have power to revoke t h e same wi thou t t h e consent

of t h e o ther nor shall t he dea th of e i ther pa r ty operate as a revocat ion A n d if for t h e space of fourteen days after any such dispute or o ther m a t t e r shal l have arisen and after a reques t in wr i t ing shall have been served by t h e one p a r t y on the o ther p a r t y to appoin t a n a rb i t ra tor

such las t -ment ioned pa r ty fail to appoint such a rb i t ra to r t h e n upon such

fa i lure ' i t shal l be lawful for the A t to rney -Gene ra l for t he t ime-be ing of

t h e said Colony on t h e appl icat ion of t he p a r t y who has himself appoin ted

a n a rb i t ra tor to appoint such a rb i t ra to r to ac t on behalf of both pa r t i e s

A n d such a rb i t ra tor m a y proceed to hear a n d de te rmine t he m a t t e r s

wh ich shall be in d ispute A n d in such case t he award or de terminat ion

of such single a rb i t r a to r shall be final and conclusive.

v

10. I t . before t h e m a t t e r so referred shal l be de termined a n y

a rb i t ra tor appointed	by e i ther pa r ty shal l die or become incapable	or
refuse or for fourteen	days neg lec t to act as a rb i t ra tor the pa r ty by	w h o m

such arbi t ra tor was appoin ted m a y nomina t e and appo in t in wr i t ing

some other person to ac t in his place A n d if for t h e space of seven

days after not ice in wr i t ing from	t h e o ther	p a r t y for	t h a t	purpose	h e
fail to do so t h e	r ema in ing	or o ther	a rb i t ra to rs	m a y proceed	alone

A n d every a rb i t ra tor so to be subs t i tu ted as aforesaid shall have t h e

same powers and au thor i t ies as were vested in t h e former arb i t ra tor	a t
t h e t ime of such his dea th refusal neglect or disability as aforesaid.

20. AVhere more t h a n one a rb i t ra to r shal l have been appointed

such arbi t ra tors shall before t hey en te r u p o n t h e m a t t e r s referred to

t h e m nomina t e and appoin t by wr i t ing unde r the i r hands an umpi re to	decide any ma t t e r s on which they shall differ or which shall be referred
to t h e m u n d e r t he provisions of th i s A c t A n d if such ump i r e shall die or refuse or for seven clays neglect to ac t after be ing called u p o n to do so by t h e arbi t ra tors t hey shal l for thwi th after such dea th refusal or
neglect appoin t ano ther u m p i r e in his place and the decision of every
such ump i r e on t h e ma t t e r s so referred to h i m shall be final.

2 1 . I f in e i ther of the cases aforesaid the a rb i t ra tor shall refuse

or for seven days after reques t of e i ther par ty to such arbi t ra t ion neglect

to appoint an u m p i r e it shal l be lawful for t h e At to rney-Genera l for

t h e t ime be ing on the appl ica t ion of e i ther p a r t y to such arb i t ra t ion to

appoin t a n umpi re a n d t h e decision of such ump i r e on the ma t t e r s on which t h e a rb i t ra tors shall differ or which shal l be referred to h i m

u n d e r th i s A c t shal l be final.

22. I f w h e n a single a rb i t ra to r shall have been appointed such

a rb i t r a to r shall die or become incapable or shall refuse or for four teen days neg lec t to ac t before he shall have made his award the m a t t e r s referred to h i m shall be de te rmined by a rb i t ra t ion u n d e r t he provisions

of th is A c t in t h e	same m a n n e r as if such a rb i t ra tor h a d not	been
appointed .	23.

23 . If where more t h a n one arb i t ra tor shall have been appointed

e i ther of the arbi t ra tors shal l refuse or for seven days neglect to act t he o ther a rb i t ra tor m a y proceed a lone and the decision of such other

arb i t ra tor shall be as effectual as if he had been t h e single a rb i t ra to r

appointed by bo th par t ies .

24.    If where more t h a n one a rb i t ra to r shall have been appointed

and where ne i ther of t h e m shal l refuse or neglect to act as aforesaid such arb i t ra tors shall fail to m a k e the i r award wi th in twen ty -one days after t h e day on which t h e last of such a rb i t ra tors shall have been appointed or wi th in such ex tended t ime (if any) as shall have been appo in ted for t h a t purpose by bo th of such arbi t ra tors u n d e r the i r hands t he m a t t e r s referred to t h e m shal l be de termined by t h e umpire; to be so appointed as a foresaid.

25 . The said a rb i t ra to rs or the i r umpi re m a y call for t h e pro­

duct ion of a n y documents in t h e possession or power of e i ther p a r t y wh ich t hey or he may t h i n k necessary for de te rmin ing the quest ion in dispute and m a y examine the par t ies or the i r witnesses on oa th a n d

adminis te r the oa ths necessary for t h a t purpose .

2G. Before any arb i t ra tor or umpi re shall en te r in to the considera­

t ion of any ma t t e r s referred to h i m he shall in t h e presence of a Jus t i ce of t he Peace m a k e and subscr ibe t h e following declarat ion ( tha t is to s a y ) —

I A . B . do solemnly and sincerely declare t h a t I will fa i thful ly

and honest ly and to t he best of m y skill and abi l i ty hear and de te rmine the mat te r s referred to m e u n d e r t he provisions of

t h e " Redhead Coal-mine Ra i lway A c t . "

M a d e and subscribed in the presence of

A . B .

A n d such declarat ion shal l be annexed to the award when made and if any arb i t ra tor or u m p i r e hav ing made such declarat ion shall wilfully

ac t con t ra ry there to he shall be gu i l ty of misdemeanour .

27.    Al l t he costs of any such arb i t ra t ion and incident the re to to

be set t led by t h e arb i t ra tors shall be borne by t h e Company unless the arb i t ra tors shall award the same o r a l e s s sum t h a n shall have been offered by the Company in which case each pa r ty shall bear his own costs incident to the a rb i t ra t ion and the costs of t he arbi t ra tors shall be borne by the par t ies in equal proport ions unless t he a m o u n t awarded shall be one- four th less t h a n the a m o u n t in which case t he whole costs shall be paid b y the c la imant Provided t h a t if e i ther p a r t y shall be dissatisfied wi th t h e costs allowed b y t h e arb i t ra tors as aforesaid t h e costs may be t axed by t h e P ro thono ta ry or o ther proper officer of t he Supreme Court and the a m o u n t allowed by such officer shall be t h e a m o u n t of costs to be paid.

28. The a rb i t ra tors shall deliver thei r award in wr i t ing to t h e

C o m p a n y who shall r e ta in t h e same and shall for thwi th on demand a t t he i r own expense furnish a copy thereof to t he o ther pa r ty and shal l a t all t imes on demand produce the said award and allow t h e same to be inspected or examined b y such p a r t y or any person appointed by h i m for t h a t purpose a n d the a m o u n t awarded shall be paid wi th in s ixty days after t he publ ica t ion of such award .

29. The submission to any such arb i t ra t ion m a y be made a ru le

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

30. N o award m a d e with respect to any quest ion referred to a rb i t ra t ion unde r t h e provisions	of th is	A c t	shal l be set aside for
i r regula r i ty or error in m a t t e r of	form.

3 1 . The Company shall m a k e compensa t ion a n d satisfaction to

t he said owners and occupiers ( the a m o u n t of such compensat ion and satisfaction to be ascer tained and recovered in case of difference in t he m a n n e r he reby provided) for t emporary p e r m a n e n t or r ecu r r ing in jury and all o ther damage loss costs charges and inconvenience which m a y

in

in anywise be occasioned to t he said owners or occupiers by t h e non­ per formance by t h e said Company of a n y of t he m a t t e r s and th ings he reby requi red to be performed by t h e m or otherwise .

32. I n every case where t he Company shal l t ake t e m p o r a r y

possession of lands by v i r tue of t h e powers he reby gran ted i t shall be in­ c u m b e n t on t h e m wi th in one m o n t h after the i r en t ry upon such lands upon being required so to do to p a y t o t h e occupier of t he s a id l ands the value of any crop or dress ing t h a t may be thereon as well as full compensa t ion for any o ther damage of a t empora ry n a t u r e wh ich he m a y sus ta in by reason of the i r so t a k i n g possession of the i r lands and t hey shal l also from t ime to t ime d u r i n g the i r occupat ion of t h e said l ands pay half-year ly to such occupier or to t he owner of t he lands as the case may requ i re a r en t to be fixed by two Jus t ices in case t h e par t ies differ and shal l also within six m o n t h s after t he complet ion of the r a i l w a y p a y t o such owner and occupier or deposit in t h e b a n k for t h e benefit of all par t ies in teres ted as t he case mayrequ i r ecompensa t i on fo r all p e r m a n e n t o ro ther lossdamageor in ju ry t h a t may have been sustained by t h e m by reason of t he exercise as regards t h e said l ands of t h e powers he reby g ran ted inc lud ing t h e full

va lue of all clay stone grave l sand and other t h i n g t a k e n from	such
lands .

3 3 . F o r t he purpose of r egu la t ing t h e conduc t of t h e officers

a n d servants of the Company and for provid ing for the due m a n a g e ­ m e n t of t h e affairs of the Company in all respects it shall be lawful for t h e Company subject to t he provisions herein men t ioned from t ime to t ime to m a k e such by-laws and regula t ions as they shall t h i n k fit P rov ided t h a t such by-laws be not r e p u g n a n t to the laws of t he Colony or to t he provisions of th is Ac t or to any resolution of any general m e e t i n g of shareholders and such by- laws shal l be reduced in to wr i t ing a n d shal l have affixed there to t he common seal of t h e Company and a copy of such by-laws shall be given to every officer and servant of t he Company affected the reby and such by- laws may specify a m a x i m u m and m i n i m u m pena l ty for any b reach thereof such pena l ty to be pro­ ceeded for and recovered unde r t h e provisions of t h e A c t e leventh and twelf th Victor ia chap te r for ty- three Provided a lways t h a t a n y by­

laws of t h e said Company re la t ing to penal t ies	m u s t	be first approved
of by t h e A t to rney -Gene ra l	of t he Colony for t h e t ime	be ing .

34.    The produc t ion of a p r in t ed or wr i t t en copy of the by- laws

of t h e C o m p a n y hav ing t h e common seal of the Company affixed the re to shall be sufficient evidence of such by-laws in all proceedings

under t h e same.

35 . N o t h i n g in th is A c t shall be deemed to author ize the said

Company to t ake or en ter upon any lands be longing to t h e Commis­ sioner for Ra i lways or to a l ter or to in ter fere wi th t h e Grea t N o r t h e r n

Ra i lway or a n y of t h e works thereof fu r ther or otherwise t h a n is

necessary for m a k i n g t h e j unc t i on a n d in te r -communica t ion be tween

t h e rai lways wi thou t t he previous consent in wr i t ing in every	ins tance
of t he Commissioner for Rai lways .

36. The Commissioner shall from t ime to t ime erect such signals and conveniences inc ident to the junc t ion ei ther upon his own lands or on t h e lands of t he Company and may f rom t ime to t ime appoin t and remove such w a t c h m e n swi tchmen and other persons as may be neces­ sary for t h e prevent ion of dange r to or interference w i t h t he traffic a t

or nea r t h e j unc t ion and in al l cases a t t he expense of t h e Company .

37. The work ing a n d m a n a g e m e n t of such signals and con­

veniences wherever s i tuate shall be u n d e r t h e exclusive regula t ion of

t he Commissioner for Ra i lways .

38. N o t h i n g here in contained shall a l te r repeal or otherwise

affect " The Governmen t R a i l w a v A c t of 1858 . "

39. I n th is Ac t t h e said Jus t i ces shall mean Jus t i ces of t he

Peace in and for the ter r i tory of N e w South W a l e s and when any m a t t e r shal l be author ized or requi red to be done by two Jus t i ces t he

expression " t w o J u s t i c e s " shall m e a n two Jus t i ces assembled and

ac t ing toge ther in P e t t y Sessions and the word	" O w n e r "	shal l	m e a n
a n y person or corporat ion who u n d e r t he provisions	of	th i s A c t	would
be able to sell land to t he Company .

40.    This A c t shal l be deemed and t a k e n to be a Pub l i c A c t and

t h e same whenever cited shall be sufficiently described as t h e " Redhead

Coal-mine Ra i lway A c t of 1 8 8 3 . "

T H E S C H E D U L E H E R E I N B E F O R E R E F E R R E D T O .

COMMENCING a t t he Redhead Coal Company 's pi t in t h e parish of Kah iba county of

N o r t h u m b e r l a n d and passing t h r o u g h the land owned by G. Oat ley E. Bull Dixon L i t t l e Alcock and o thers and W a r a t a h Coal Company Dr . Mitchel l (now E. C. Mere weather) N e w Lambton Coal Company and jo ining the proposed Sydney and W a r a t a h Rai lway- l ine ninety-seven miles seventy- three chains from Sydney or about four miles from Newcast le .