Richmond Vale Coal-mine Railway Act of 1900 (NSW)
to enable John Brown, William Brown,
| kâ ay | . | Stephen Brown, of Newcastle, in the Colony of New South Wales, to construct a Railway from the Richmond Yale Coal-mines to the Minmi and Hexham Railway, con structed under the provisions of the Minmi and Hexham Railway Act of 1854. [20̂ ^ October, 1900.] |
| Preamble. | TTTH EREA S Jolin Brown, of Newcastle, in the Colony of New South |
| VV Wales, William Brown, of Sydney, in the said Colony of New | |
| South Wales, and Stephen Brown, of Newcastle, in the said Colony of New South Wales, are the owners of coal-mines upon the lands situated in the parishes of Stanford, Mulbring, and Stockrington, in the county of Northumberland, near West Maitland, and in order to facilitate com munication between the said coal-mines and the Great Northern Railway, the said John Brown, William Brown, and Stephen Brown, hereinafter designated the promoters, are desirous of constructing a railway from their said coal-mines to a line hereinafter called the Minmi and Hexham Railway, owned bj" them, and constructed under the provisions of the Minmi and Hexham Railway Act of 1854; but as part of such proposed railway and sidings are intended to be made upon and pass through land believed to be the property of the Crown, bodies corporate, and private persons respectively, the same cannot be made without Legis lative authority: And whereas the said coal-mines are likely to prove beneficial to the Colony, and the public are concerned in promoting such an increase in and facilities for the supply of coal for local consumption, steam navigation, and export, as would result from the construction of the said proposed railway and sidings, and traffic on the Great |
Northern
| Act, 1900. | at |
Richmond Vale Coal-mine Railway.
Northern Eailway would be increased thereby, it is therefore desirable to authorise by Legislative enactment the construction of the said rail way and sidings, subject to the provisions hereinafter contained, upon payment of compensation to the several y)arties through whose land the same shall pass for such portion of their respective lands as may be required to be taken and occupied thereby: Be it therefore enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Ijegislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—
1. It shall be lawful for the said promoters to make and construct Authority to
a railway which shall be of the same gauge as the Government railways, and̂ connect'same namely, four feet eight and a half inches, from a point commencing in Minmi to Hexham
| the lands of the ]tromoters bearing about north-east twenty chains from | ' |
| south-west corner of portion seventy, in the parish of Stanford, county | |
| of Northumberland, bearing thence about north-east to a point about | |
| twenty chains from the north-east corner of the said portion; thence | |
| through Crown lands, lands of the promoters, Mrs. Legget, E. Biddulph, | |
| under public road, thence through lands of the promoters, George T. | |
| Palmer, Crown lands, William Price, across surveyed road, lands of | |
| Seaham Coal Company, across surveyed road, land of promoters, James | |
| Muir, promoters, public road, land of promoters, AV. C. MAntworth, to a | |
| point on the Minmi and Hexham railway, and connecting therewith at | |
| about three and a half miles from the Great Northern Kailway, and which | |
| lands and route are particularly described in the Schedule hereto, such | |
| railway to be in the direction described in the Schedule; and to make | |
| and construct such loop-lines, stations, and sidings as may be necessary | |
| for the safe and convenient use of the railways to be constructed as | |
| aforesaid; and to take and use so much of the said Crown lands, and so | |
| much of the lands of private ])ersons mentioned in the Schedule, as the | |
| promoters may require for their said railway, loop-lines, stations, and | |
| sidings. The said railway shall be constructed in a pro]>er and workman |
| like manner, to the satisfaction of the Engineer-in-Chief for Eailways | , |
| Construction and the Kailway Commissioners. | |
| 2. The ground and soil of so much of the site of the railway and sidings as passes over or includes the lands of the said owners of lands and over Crown lands respectively, together with such rights of ingress, egress, and regress upon the adjacent land as may be necessary for the making and repair of such railway, shall so far as is necessary for the purpose of this Act be vested by virtue of this Act and without the necessity of any conveyance in the promoters for the purposes of the railway: Provided that no lands vested in the Eailway Commis sioners shall by virtue of this Act be vested in the promoters, and |
nothing
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Richmond Vale Coal-mine RaiUvay.
nothing herein contained shall prevent the said owners from carrying on any mining operations beneath the said railway which shall not interfere with the safety of the said railway and the traffic thereon; and the promoters shall have no further right to the soil of the said lands beneath the surface than shall be requisite for the formation and repairs of the said road by cutting, embanking, sinking wells or other wise: Provided that the said railway shall be constructed and brought into use within five years after the passing of this Act, and that in default thereof, or if after its completion the said railway shall cease to be used for five years continuously, all the said lands, including
| , . , | Crown lands, and all the said promoters’ interest and estate therein |
| . | shall revert without any conveyance to the Crown and the original |
| ' | owners thereof, their heirs and assigns respectively: Provided also that, if in the exercise of the powers hereby granted it be found necessary to cross-cut through, sink, raise, or use any part of any road so as to render it impassable for, or dangerous or inconvenient to the persons entitled to the use thereof, the promoters shall, before the commence ment of any such operations, cause a sufficient road to be made instead of any road interfered with, and shall at their own expense maintain such substituted road in a state as convenient as the road interfered with, or as nearly as may be. And the promoters, before they use the said lands of the owners of the land and the said Crown lands respectively for the purposes aforesaid, shall, if required so to do, separate the same by a sufficient fence fromfhe land adjoining thereto, with such gates as may be required for the convenient occupation of such land, and shall also, to all private roads used by them as aforesaid, put up fences and gates in like manner in all cases where the same may be necessary to prevent the straying of cattle from or upon the lands traversed by such roads; and in case of any difference between the owners or occupiers of such roads and lands and the promoters as to the necessity for such fences and gates, then the said promoters shall put up and erect such fences and gates as any two justices of i^eace after inquiry shall deem necessary for the purposes aforesaid on application being made to them. |
| Railways open to the | 3. The railway shall be open to the public use for the conveyance of coal and goods upon payment of a toll to the promoters for the con veyance of coal of a sum not exceeding one penny per ton per mile, with a minimum charge of threepence per ton in respect of every ton of coal for every transit, the person seeking transit supplying and loading his own trucks or on Government waggons, and the promoters or Govern ment supplying locomotive power; and all trucks when emptied shall be conveyed on their return free of charge: Provided always that it shall not be compulsory on the promoters to supply locomotive power unless the party seeking the transit guarantee and bring one hundred tons at least during the twelve working hours, and give notice of the same at least twenty-four hours previously. The railway shall at all times be |
| . | open |
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open to the public for the conveyance of coal and goods upon payment of a toll to the j^romoters for the conveyance of coal of a sum not exceed ing one half-penny per ton per mile, with a minimum charge of twopence per ton in respect of every ton of coal for every transit, and for goods of a sum not exceeding one penny half-penny per ton per mile in respect of every ton of goods for every transit, if the partj" seeking transit supply the locomotive power as well as the trucks and waggons: Pro vided that so long as the promoters shall be willing to suy)ply locomotive power no other person shall use locomotive power on the line other than the Eailway Commissioners: Provided that if the railway shall be damaged by parties who shall themselves use the railway for transit, and supply locomotive power, the promoters shall he entitled to com pensation for such damage, to be recovered either by action in the Supreme Court of New South Wales, or, if such damage do not exceed the sum of twenty pounds, summarily befoi’e two justices; and in esti mating such damages the promoters shall be entitled, not only to com pensation for the cost of repairing and restoring the railway, but to the consequential damage (if any) sustained by reason of the suspension of transit or otherwise.
4. It shall be lawful for the owners or occupiers of the lands Branch railways,
adjoining thereto or traversed by the said railway to lay down upon their own lands any collateral branches of railway to communicate with the said railway for the purpose of bringing carriages, trucks, and waggons to or from or upon the said railway, and the promoters shall, if required, at the expense of such owners or occupiers make openings in the rails and such additional lines of railway as may be necessary for effecting such communications in places where the communication can be made with safety to the public and without injury to the said railway and without inconvenience to the traffic thereupon, and the pro moters shall not take any rate, toll, or other moneys for the passing of any passengers, coal, and goods, or otlum things along any branch so to be made by any such owner or occupier or other person. The promoters shall not be bound to make any such openings in any place which they shall have set apart for any specific purpose with which such communication would interfere, nor upon any inclined plane or bridge nor in any tunnel. The persons making or using such branch railways shall be subject to all by-laws and regulations of the promoters from time to time made with respect to passing upon or crossing the railway and otherwise; and the persons making or using such branch railways shall be bound to construct and from time to time as need may require to renew the off-set plates and switches according to the most ai)proved plan adopted by the promoters under the direction of their engineer.
For the purposes and subject to the provisions hereinafter Power to divert or
| contained it shall be lawful for the promoters, their deputies, agents, | the roads. |
| 2 Q | servants, |
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Richmond Vale Coal-mine Railway.
servants, and workmen, and all other persons by them authorised and empowered, to divert or alter the course of any road or way crossing the railway, pr to raise or sink any road or way in order the more conveniently to carry the same over or under or by the side of the rail way : Provided always that any such works shall be carried out to the satisfaction of the Commissioner for Roads, and all such diversions, alterations, and crossings, and the approaches thereto shall hereafter be maintained and repaired by the promoters at their own expense and to the satisfaction of the said Commissioner for Roads.
| Penalty for not | 0 . If the promoters do not cause another sufficient road to be |
| substituting a road. | t i p ’ x o -ii ̂ i n • i |
| ^ | SO made beiore they interfere with any such existing road as aforesaid, |
| or if they fail to maintain all such diversions, alterations, crossings, and the approaches thereto, they shall forfeit twenty pounds for every day during which such substituted road shall not be made after the existing road shall have been interrupted, or during which such diversions, alterations, crossings, or approaches shall remain in a state of disrepair, and such penalties shall be paid to the said Commissioner for Roads, if a public road, and shall be applied for the purposes thereof, or, in case of a private road, the same shall be paid to the owner thereof; and every such penalty shall be recoverable with costs, by action in any of the superior courts. |
| Right to carry | 7. It shall be lawful, and at the request of the Railway Commis sioners compulsory upon, the said promoters from time to time and at all reasonable times, to carry passengers, goods, and live stock upon the said railway or any part thereof respectively, and to make, demand, take, receive and recover such tolls or dues for carrying tlie same at such rates per mile or other scale of charges as shall be established from time to time by the promoters for or in respect of all such passengers, goods, and live stock which shall be conveyed or transported upon such railway or any part thereof respectively; and the promoters are hereby authorised to make such by-laws and regulations, not inconsistent with this Act, and subject to the proposals of the Railway Commissioners, as may be necessary for the regulation of such traffic, and such by-laws or regulations shall be binding upon all persons using or travelling upon the said railway; and any persons offending against such by-laws or regu lations shall be liable to a fine not exceeding ten pounds for each offence, to be recovered in a summary way before any two justices: Provided always that if the rates, tolls, or dues that may be established as afore said under and by virtue of this Act shall be found excessive, it shall and may be lawful for the Executive Council, on the petition of any person, to reduce the said rates, tolls, or dues, and to revise them in such manner as may seem most imoper and advisable. |
| Road repaint. | 8. If in the course of making the railway the promoters shall use or interfere with any road, they shall from time to time make good all |
passengers.
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Richmond Vale Coal-mine RaiUvay.
all damage done by them to such road to the satisfaction of the said Commissioner for Roads; and if any question shall arise as to the damage done to any such road by the promoters or as to the repair thereof by them, such questions shall be referred to the determination of two justices, and such justices may direct such repairs to be made in the state of the road in respect of damage done by the promoters, and within such period as they may think reasonable, and may impose on the promoters for not carrying into effect such repairs any ])enalty not exceeding ten pounds per day as to such justices shall seem fit; and any such penalty shall be paid to the said Commissioner for Roads, if a public road, and be apjhied for the purposes of such road, or if a private road the same shall be paid to the owner thereof.
9. Until the promoters shall have made the bridges or other owner’s crossing,
proper communications, which they shall, under the provisions herein
| contained, have been required to make between lands intersected and | . |
| the railway, and no longer, the owners and occupiers of such lands, and any other person whose right-of-way shall be affected by the want of such communications and their respective servants, may at all times freely pass and repass with carriages, hor.ses, and other animals directly but not otherwise across any 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 jiassage along the railway or to damage the same. Nevertheless, if the owner or occupier of any such lands have in his arrangement with the pro moters received or agreed to receive compensation for and on account of any such communications, instead of the same being fonned, such owno!', occupier, or those claiming under him shall not be entitled so to cross the railway. |
10. If the railway cross any public highway or parish road on a ProvisionB in case
level the promoters shall erect or construct and at all tinu>s niaintain to the satisfaction of the said Commissionci' for Roads, cattle-st(‘])s or good and sufficient gates across such road on each side of the railway where the same shall communicate therewith, and shall employ projicr persons to 0]ien and shut such gates, and such gates shall be kept con stantly closed across such roads on both sides of the railwav, except during the time when horses, cattle, carts, or carriages ])assing along the same shall have to cross such railway, and such gates shall be of such dimensions and so constructed as when closed to fence in the railway and prevent cattle or horses passing along the road from entering U])on the railway, and the person entrusted witii the care of such gates shall cause the same to be closed as soon as such horses, cattle, carts, or carriages shall have passed through the same, under a ])cnaitv not exceeding forty shillings for every default therein, to be recov(‘rable before any two justices in a summary way: Provided always that it shall be lawful for the Secretary for Public Works in any case in which
he
26 Act, 1900.
Richmond Vale Coal-mine Railivay.
he shall be satisfied that it will be more conducive to the public safety that the gates or any level crossing over any such road shall he kept closed across the railway, to order that such gates shall be kept so closed instead of across the road, and in case such gates shall be kept constantly closed across the railway except when engines or carriages passing along the railway shall have occasion to cross such road in the same manner and under the like penalty as above directed with respect to the gates being kept closed across the road.
Power to enter upon
| adjoining lands to | 11. In case of accidents or slips happening or being apprehended shall be lawful for the promoters and their workmen and servants to enter upon the land adjoining thereto at any time whatsoever for the purpose of repairing or preventing such accidents, and to do such works as may be necessary for the purpose, but in every such case the pro moters shall within forty-eight hours of such entry make a report to the Secretary for Public Works specifying the nature of such accident or apprehended accident, and of the works necessary to be done, and such powers shall cease and determine if the said Secretary shall after con sidering the said report certifying that their exercise is not necessary for the public safet.v or for the repair or maintenance of the line: Pro vided also that such works shall be as little injurious to the said adjoining lands as the nature of the accident or apprehended accident will admit of, and shall be executed with all possible despatch, and full compensation shall be made to the owners and occupiers of such lands for the loss or injury or inconvenience sustained by them respectively by reason of such works, the amount of which compensation in case of any dispute about the same shall be settled by arbitration in the manner hereinafter mentioned: And provided also that no land shall be taken permanently for any such works otherwise than is herein provided with respect to the lands originally taken for the purpose of making the said railway. |
| repair accidents | to the cuttings, embankments, or other works of the said railway it |
| subject to certain | |
| restrictions. | |
| Construction of | |
| bridges over roads. | 12. Every bridge to be erected for the purpose of carrying the railway over any road shall be built in conformity with the following regulations, that is to say:— |
The width of the arch shall be such as to leave thereunder a clear
space of not less than thirty feet, if the arch be over a public
highway, and of twenty feet if over a parish road, and of twelve
| ' | feet if over a private road. |
The clear height of the arch from the surface of the road shall not be less than sixteen feet for space of twelve feet, if the arch be over the main road, and fifteen feet for a space of ten feet if over a public carriage road; and in each of such cases the clear height at the springing of the arch shall not be less than twelve feet, the clear height of the arch for a space of nine feet shall not be less than fourteen feet over a private road.
The
Act, 1900.
Bichmond Vale Cual-mine Railivay.
Tlie descent made in tlie road in order to carry tlie same under the bridge shall not he more than one foot in thirty feet if the bridge be over a public higlnvay, one foot in twenty feet if over a parish road, and one foot in sixteen feet if over a private road, not being a tramroad or rail road; or if the same be a tramroad or railroad, the descent shall not be greater than the ruling gradient of such tramroad or railroad: Provided always that every such bridge shall be erected to the satisfaction of the Railway Commissioners and the Engineer-in-Chief for Railway Con struction.
13. Every bridge erected for carrying any road over the railway Construction of
shall be built in conformity with the following regulations, that is to raiiwayŝ ''̂ "̂
| say:— | ' |
There shall be a good and sufficient fence on each side of the bi'idge of not less height than four feet, and on each side of the imme diate approaches of such bridge of not less than three feet.
The road over the bridges shall have a clear space between the fences thereof of thirty-tive feet if the road be a public liighway, and twenty-five if a parish road, and twelve if a private road.
The ascent shall not lie more than one foot in thirty feet if the road be a main road, one foot in twenty feet if a parish road, and one foot in sixteen if a private road, not being a tramroad or rail road; or if the same be a tramroad or railroad, the ascent shall not be greater than the ruling gradient of such tramroad or railroad:
Provided always that every such bridge shall he erected to the satisfaction of the said Commissioner for Roads and the said Engineer- in-Chief for Railway (Construction.
Provided always that in all cases where the average available Tip width of the
width for the passing of carriages of any existing road within fifty yards exceed thTwhitV of
of the point of crossing the same is less than the width l i e r e in b e f o r e the road in certain
prescribed for bridges over or under the railway, the width of such
bridges need not be greater than such average available width of such
roads; but so, nevertheless, that such be not of less width in case of a
public highway or parish road than twenty feet: Provided also, that if
at any time after the construction of the railway, the average available
width of any such road shall be im-reased beyond the width of such
bridge on either side thereof, the ]U'omoters shall be bound at their own
expense to increase the width of the said bridge to such extent as they
may be re<piired by tlu' said Commissioner for Roads, not ('xceeding the
width of such road as so widened or the maximum width herein ])re-
scribed for a bridge in the like case over or under the railway:
Provided
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Richmond Vale Coal-mine Railway.
| Existing iDciinatioD | Provided also, that if the mean inclination of any road within inclination of such portion of any road as may be preserved to be altered, or for which another road shall be substituted, shall be steeper than the inclination hereinbefore required to be preserved by the promoters, then the promoters may carry any such road over or under the railway, or may construct such altered or substituted road at an inclination not steeper than the said mean inclination of the road so to be crossed or of the road so requiring to be altered or for which another road shall be substituted. |
| diverted uTeTnot be | hundred and fifty yards of the point of crossing the same or the |
| improved. |
| Works for benefit of | 14. | The promoters shall make and at all times thereafter maintain |
| 0 ̂ ners* |
the following works for the accommodation of the owners and occupiers
of lands adjoining the railway, that is to say;—
| Gates, bridges, &c. | Sucli and SO many convenient gates, bridges, arches, culverts, and passages over, under, or by the sides of or leading to or from the railway as shall be necessary for the purpose of making good any interruptions caused by the railway to the use of the lands through which the railway shall be made. And such works shall be made forthwith after the part of the railway passing over such lands shall have been laid out or formed or during the formation thereof. |
| All sufficient posts, rails, hedges, ditches, mounds, 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 cattle of the owners or occupiers thereof from straying thereon, by reason of the railway, together with all necessary gates made to open towards such adjoining lands and not towards the railway. And all necessary stiles and such posts, rails, and other fences shall be made forthwith after the taking of any such lands, if the owners thereof shall so require, and the said other works as soon as conveniently may be. | |
| Drains. | Also, all necessary arches, tunnels, culverts, drains, or other pas sages, either over or under 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 making of the railway, or as nearly so as may be, and such works shall be made from time to time as the railway work proceeds. |
| Watering-places. | Also proper watering-places for cattle, or compensation in lieu thereof, where by reason of the railway the cattle of any person occupying any lands lying near thereto shall be deprived of access to their former watering-places. And such watering- places shall be so made as to be at all times sufficiently supplied |
with
Act ̂ 1900.
Richmond Vale Coal-mine Railway.
with water as theretofore, and as if the railway had not been made, or nearly so as may be. And the said promoters shall make all necessary watercourses and drains for the purpose of conveying water to the said watering-places:
| Provided always that the promoters shall not be required to make such accommodation works in such manner as 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 land shall have agreed to receive and shall have been paid compensation instead of the making of them. |
15. If any person omit to shut and fasten any gate sot up either Penalty on persona
side of the railway for the accommodation of the owners or occujtiers of the adjoining lands so soon as he and the carriage, cattle, or other animals under his care have passed through the same, ho shall forfeit for every such offence a sum not exceeding live pounds, to be recoverable in a summary way before any two justices.
16. The promoters shall not be entitled to any minerals under Minerals not to pass,
any land whereof the surface is vested in them by virtue of this Act except only such parts thereof as shall he necessary to be dug or carried away in the construction of the works hereby authorised; and such mines shall not be deemed to vest in the said promoters.
17. If, within ninety days after the passing of this Act, the said Appointment of
persons through whose lands the railway shall pass, or any of them, and arbitrators,
the promoters shall not agree as to the amount of compensation to be
paid by them for the said lands belonging to the said parties, or any of
them, or for any damage that may be sustained by them or him by
reason of the execution of the works, or if any other question as to com
pensation shall arise under this Acd, the amount of such conqieusation
shall be settled by arbitration in manner hereinafter mentioned, that is
to say, unless both parties shall concur in the appointment of a single
arbitrator, each party on the request of the other party shall nominate
and appoint an arbitrator to whom such dispute or other matter shall be
referred, and every api)ointment of an arbitrator shall be under the
hand of such party; and such a])j)ointment shall be delivered to the
arbitrator or arbitrators, and shall be deemed a submission to arbitration
on the part of the party by whom the same shall be made. And after any
such appointment shall have been made neither party shall have jiower
| to revoke the same without the consent of the other, nor shall the death | , |
| of either party operate as a revocation. And if, for the space of fourteen days after any such dispute or other matter shall have arisen, and after a request in writing shall have been served by the one party on the other party to appoint an arbitrator, such last-mentioned party fail to appoint |
such
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such arbitrator, then, upon such failure, it shall be lawful for the Attorney-General, on application of the party who has himself appointed an arbitrator, to appoint such arbitrator to act on behalf of both parties; and such arbitrator may proceed to hear and determine the matters which shall be in dispute; and in such case the award or determinalion of such single arbitrator shall be final and conclusive.
Vacancy of
| arbitrator to be | 18. If, before the matter so referred shall be determnied, any arbitrator appointed by either party shall die or become incapable or refuse or for fourteen days neglect to act as arbitrator, the party by whom such arbitrator was appointed may nominate and appoint in writing some other person to act in his place. And if, for the space of seven days after notice in writing from the other party for that purpose, he fail to do so the remainder or other arbitrators may proceed alone; and every arbitrator so to be substituted as aforesaid shall have the same powers and authorities as were vested in the former arbitrator at the time of such his death, refusal, neglect, or disability as aforesaid. | |
| supplied. | ||
| Appointment of | 19. Where more than one arbitrator shall have been appointed, such arbitrators shall, before they enter upon the matters referred to them, nominate and appoint by writing under their hands an umpire to decide any matters on which they shall differ or which shall be referred to them under the provisions of this Act. And if such umpire shall die, or refuse, or for seven days neglect to act after being called upon to do so by the arbitrators, they shall forthwith, after such death, refusal, or neglect, appoint another umpire in his place, and the decision of every such umpire on the matters so referred to him shall be final. | |
| umpire. | ||
| ‘Attorney-General (o | ||
| appoint umpire on | 20. If in either of the cases aforesaid the arbitrators shall refuse or, for seven days after request of either party to such arbiti’ation, neglect to appoint an umpire it shall be lawful for the Attorney-General on the application of either party to such arbitration to appoint an umpire, and the decision of such umpire on the matters on which the arbitrators shall differ or which shall be referred to him under this Act shall be final. | |
| neglect. | ||
| In case of death of | ||
| single arbitrator | 21. If, when a single arbitrator shall have been appointed, such days neglect to act before he shall have made his award, the matters referred to him shall be determined by arbitration under the provisions of this Act in the same manner as if such arbitrator had not been appointed. | |
| matter to begin | arbitrator shall die, or become incapable, or shall refuse or for fourteen | |
| de novo. | ||
| refuse to act the | ||
| If either arbitrator | 22. If, where more than one arbitrator shall have been appointed, the other arbitrator may proceed alone, and the decision of such other arbitrator shall be as effectual as if he had been the single arbitrator | |
| other to proceed | either of the arbitrators shall refuse or, for seven days neglect to act, | |
| ex parte. | ||
|
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Richmond Vale Coal-mine Railicay.
23. If, where more than one arbitrator sliall have l)een appointed if arbitrator fail to
and where neitlier of them shall refuse or neglect to act as aforesaid,
such arbitrators shall fail to make their award within twenty-one days days, the matter to
| after the day on wliich the last of such arbitrators shall have lx>en | ® |
| appointed, or within such extended time (if any) as shall have been appointed for that purpose by both of such arbitrators under their hands, the matters referred to them shall be determined by the umpire to be so appointed as aforesaid. |
24, The said arbitrators, or their umpire, may call for the pro- Powers of arbitrators
| ductions of any documents in the possession or power of either party | *“• |
| which he or thej’ may think necessary for determining the question in dispute, and may examine the parties or their witnesses on oath, and .idminister the oaths necessary for that purpose. |
25. Before any arbitrator or umpire shall enter into the considera- Arbitrators or
tions of any matters referred to him he shall in presence of a justice of d̂ faration"for faith, peace make and subscribe the following declaration, that is to say:— fuidiscimrgeofduty.
I do solemnly and sincerely declare that I will faithfully and honestly, and to the best of my skill and ability, hear and deter mine the matters referred to me under the provisions of the Eichmond Vale Coal-mine Eailway Act of 1900.
Made and subscribed in the presence of
And such declaration shall he annexed to the award when made, and Penalty for
if any arbitrator or umpire having made such declaration shall wilfully
act contrary thereto he shall be guilty of a misdemeanour.
26. All the costs of any such arbitration and incident thereto to Costs of arbitration,
amount of costs to be paid.
be settled by the arbitrators shall be borne by the promoters unless the how to be borne,
arbitrators shall award the same or a less sum than shall have been
offered by the promoters, in which case each party shall bear his own
costs incidental to the arbitration, and the costs of the arbitrators shall
be borne by the parties in equal i)roportions, unless the amount awarded
shall be one-fourth less than the amount, in which case the whole costs
shall be paid by the claimant: Provided that if either party shall be dis
satisfied with the costs allowed by the arbitrators as aforesaid the
costs may be taxed by the Prothonotary or other proper officer of the
27. The arbitrators shall deliver their awmrd in writing to the Award to be
promoters, who shall retain the same and shall forthwith on demand at their own expense furnish a copj’ thereof to the other jiarty, and shall at all times on demand ]U'oduce the said award and allow the same to be inspected or examined by such party or any person appointed by him for that purpose, and the amount awarded shall be paid within sixty days after the publication of such award.
32 Act, 1900.
Richmond Vale Coal-mine Railway.
| SubmiMion may b« | 28. The submission to any such arbitration may be made a rule |
| made a rule of court. | Supreme Court on application of either of the parties. |
| Award not void | |
| through error in | 29. No award made with respect to any question referred to |
| form. | arbitration under the provisoins of this Act shall be set aside for irregularity or error in matter of form, |
| Compensation for | |
| temporary or | 30. The promoters shall make compensation and satisfaction to satisfaction to be ascertained and recovered in case of difference in the manner hereby provided) for temporary, permanent, or recurring injury, and all other damage, loss, costs, charges, and inconveniences which may in anywise be occasioned to the said owners or occupiers by the non-performance by the said promoters of any of the matters and things hereby required to be performed by them or otherwise. |
| permanent or | the said owners and occupiers (the amount of such compensation and |
| recurriog injariM. | |
| Compensation to be | |
| made for temporary | 81, In every case where the promoters shall take temporary pos session of lands by virtue of the powers hereby granted, it shall be incumbent on them within one month after their entry upon such lands, upon being required to do so, to pay to the occupier of the said lands the value of any crop or dressing that may be thereon, as well as full compensation for any other damage of a temporary nature which he may sustain by reason of their taking possession of such lands; and they shall from time to time during their occupation of the said lands pay half- yearly to such occupier or to the owner of the lands, as the case may require, a rent, to be fixed by two justices in case the parties differ, and shall also within six months after the completion of the railway pay to such owner or occupier, or deposit in a bank for the benefit of all parties interested, as the case may require, compensation for all permanent or other loss, damage, or injury that may have been sustained by them by reason of the exercise as regards the said lands of the powers hereby granted, including the full value of all clay, stone, gravel, sand, and other things taken from such lands. |
| occupation. |
| Power for | 32. | It shall be lawful for the Secretary for Public Works, on |
| Government to |
| purchase railway. | behalf of the Government, at any time, by notice in writing, to require the said promoters to sell, and thereupon the said promoters shall sell to the Government the said railway, upon the terms of paying the then value (exclusive of any allowance for compensation for compulsory sale) of the said railway, and all lands, buildings, works, materials, and plant of the said promoters suitable to and used by them for the purposes of the said railway—such value in case of difference to be ascertained by arbitration in the manner provided by the lands for Public Purposes Acquisition Act for settling cases of disputed compensation, and subject to the terms and conditions therein contained. And when any such sale shall have been made to the said Government, the said railway, lands, |
buildings,
Act, 1900.
Richmond Vale Coal-mine Railivay.
buildings, works, materials, plant, and premises shall vest in the Railway Commissioners, who shall have all the rights, powers, and authorities of the said promoters in respect of the said railway so sold: Provided that the sum to he paid by way of purchase shall in no case exceed the total cost of the construction of the railway and related works, land, and buildings.
33. For the pur])ose of regulating the conduct of the officers and Company may make
servants of the ])romoters, and for providing for the due management of the affairs of the promoters in all respects, it shall be lawful for the promoters, subject to the provisions herein mentioned, from time to time to make such by-laws and regulations as they shall think tit, provided that such by-laws be not repugnant to the laws of the Colony or to the provisoins of this Act; and such by-laws shall be reduced into writing, and .shall have affixed thereto the names of the promoters, and a co]>y of such by-laws shall be given to every officer and servant of the promoters affected thereby, and such by-laws may specify a maximum and minimum penalty for any breach thereof, such penalty to be pro ceeded for and recovered under the provisions of the Act eleventh and twelfth Victoria, chapter forty-three: Provided always that any by-laws of the said promoters relating to ]ienalties must be first approved by the Executive Council and published in the Government Gazette; and the productions of the Gazette containing such by-laws of the promoters shall be sufficient evidence of such by-laws in all proceedings under the same.
34. The Railway Commissioners may from time to time appoint Railway Commis.
any person to be inspector for the purpose of inspecting the railway and fnspectora?̂
of making any inquiry with respect to the condition of works or into
the cause of any accident: Provided that no person so appointed shall
exercise any powers of interference in the affairs of the promoters, and
every inspector under this Act shall for the purpose of any inspection
or inquiry which he is directed by the Railway Commissioners to make
or conduct have the following powers, that is to say:—
(1) He may enter and inspect the railway and all stations, works,
buildings, offices, stock, plant and machinery belonging thereto.
(2) He maj" by summons under his hand requii’e the attendance of
any person who is engaged in the management, service, or
employment of the promoters and whom he thinks fit to call
before him and examine for the said purpose, and may require
answers or returns to such inquiries for the said purpose as he
thinks fit to make.
(3) He may require and enforce the production of all books, papers, and documents of the promoters which he considers important for the said purpose.
| ■ | (4) |
.Act, 1900.
Richmond Vale Coal-mine Railway.
(4) If after any such inspection the Railway Commissioners deem the railway to be unsafe for the carriage of passengers, they may by notice in writing require the promoters to desist from carrying passengers until any repairs or alterations mentioned in the notice are effected, and thereupon and until the require ments of such notice have been complied with it shall not' be lawful for the promoters to carry any passengers upon the said railway.
| Accidents. | Where, in or about the railway or any of the works or buildings connected with such railway, or any buildings connected with such railway or any building or place, whether open or enclosed, occupied by the promoters, any of the following accidents takes place in the course of working, that is to say— |
(1) any accident attended with loss of life or personal injury to
any person whomsoever;
(2) any collision where one of the trains is a passenger train;
(3) any passenger train or any part of a passenger train accidentally
leaving the rails;
(4) any accident of a kind not comprised in the foregoing descrip tions, hut which is of such a kind as to have caused or be likely to cause loss of life or personal injury, and which may be specified in that behalf by any order to be made from time to time by the Eailway Commissioners;
the promoters shall send notice of such accidents and loss of life or per sonal injury (if any) occasioned thereby to the Railway Commissioners. Such notice shall be in such form and shall contain such particulars as the Railway Commissioners may from time to time direct, and shall be sent by the earliest practicable post after the accident takes place. The Eailway Commissioners may from time time by order direct that notice of any class of accidents shall be sent to them by telegraph, and may revoke any such order. Wliile such order is in force notice of every accident of the class to which the order relates shall be sent to the Eail way Commissioners by telegraph immediately after the accident takes place. Failure to comply with the provisions of this section shall render the promoters liable for each offence to a penalty not exceeding twenty pounds.
| wer to assign | 35. | It shall be lawful for the promoters at any time by any deed |
or instrument in writing to assign and transfer all the rights, powers, privileges, benefits, and advantages confererd upon them by this Set to any person or persons or to any duly registered company, and upon any such transfer or assignment being signed or executed the person or persons or duly registered company in whose favour such transfer or assignment is made shall then stand in the place of the said pro moters, and shall have all the rights, powers, benefits, privileges, and advantages conferred upon the said promoters by this Act.
Act, 190u.
Richmond Vale Coal-mine Railivay.
36. Nothing liorein contained shall alter, repeal, or otherwise Public WorUs and
| affect tlie Public Works Act of 1888, or the (lovernment Railways Act of | of |
| 1888, or any Act amending the same. | not aiicrcd |
37. In this Act the word “ justices ” shall mean justices of the
peace in and for the territory of New South Wales, and when any matter clause, or administrators of such survivor or their or his assigns.
shall he authorised or rec^uired to be done by two justices, the expression
“ two justices ” shall mean two justices assembled and acting together
in petty sessions or a stipendiary or police magistrate; the word
“ owner ” shall mean any person who under the provisions of this Act
would be able to sell land to the promoters; the word “ promoters ” shall
mean and include the said John Brown, William Brown, and Stephen
38. Nothing in this Act shall be deemed to authorise the said Lands belonging
promoters to take or enter upon any lands belonging to the Railway (̂ ômmisdoiRus writing in every instance of the Railway Commissioners.
Commissioners, or to alter or to interfere with the Great N o r t h e r n to be taken.
39. The Railway Commissioners may from time to time erect such Railway
signals and conveniences incident to such junction either upon their own t'omm'ssioncrs may
lands or on the lands of tlie ])romoters, and appoint and remove such appoint watciimen
| watchmen, switchmen, and other persons as may be necessary for the | switcimicii. |
| prevention of danger to or interfei’ence with the traffic at or near the junction, and in all cases at the expense of the promoters. |
40. The working and management of such signals and con
veniences wherever situate shall be under the exclusive regulation of the regulations of Railway Commissioners, and such sum may be charged to the promoters Lommissioners. as the said Commissioners may deem reasonable for such services.
41. This Act, whenever cited, shall bo sufficiently described as Short title,
the “ Richmond Vale Coal-mine Railway Act of 1900.”
| SC H E D U L E . | . | ' |
Commencing from n point in the lands of the promoters, bearing about north-east tw enty chains from south-west corner of portion seventy in the parish of S tanford, county of N orthum berland; bearing thence about north-east to a point about twent.y chains from the north-east corner of the said portion ; thence through Crown lands, lands of the jiromoters, Mrs. Leggett, E. Biddulph, under pidilic ro a d ; thence through lands of the promoters, George T. Palm er, Crown lands, W illiam Price, across surveyed road, lands of Seaham Coal Company, across surveyed road, land of the promoters, above surveyed road, land of the iiromoters, .James M uir, promoters, public road, land of the promoters, W. C. W entworth, to a point on the M inm i and He.xham Eailway. •
An
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