Scottish Australian Mining Company (Limited) Railway Act of 1893 (NSW)

An Act to enable a Company, called the	A r s T R A I J . W
S(!O TTTSTr

M i M N C ( ' (J .MI ' ANY

“ Scottish Anstralian Minim** Comi)an>

( L t m i t k d ) U a i l w a y .

(Limited),” to construct a railway from	~
their Durham colliery, in the parish of Kahibah, to communicate with the Great

Northern Rail way. [13̂ // June, 1893.]

T'TT ITEREAS tlie “ Scottisli Austvalian Mining Company (Limited)” PiemnWe.

VV (hereinafter designatcal “ the Company”) liavc opened coal­ mines and established collieries on lands situate in the parish oP Kahibah, in the county of Northumberland, and, in order to facilitat(! communication between the said coal-mines and colliery and tlu' Gr(\at Northern Railway, are desirous of constructing a railwa.y from the said coal-mines to the said Great Northern Railway; hut as part of such proposed railway is intended to be made upon and pass through

lands

80 56̂ YIC. 1893.

Scottish Australian Jlining Company (^Limited) llailway.

lands of the said coimty believed to be the property of the Crown, bodies eorporate, and private persons respectively, the same cannot be made without legislative authority : And whereas the said coal-mines and colliery are likely to prove beneficial to the Colony, and the public are concerned in promoting such an increase in and facilities for tlie supply of coal for local consumption, steam navigation, and export as Avould result from the construction of the said proposed railwmy, and the traffic on the Great Northern Eailway would he increased tliereby, it is therefore advisable to authorise by legislative enactment the construction of the said railway, subject to the provisions hereinafter contained, upon payment of compensation to the several parties through whose lands the same shall pass for such portion of their respecth c lands as may he required to he 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 Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

Autiiority to

1. I t sliall hc lawful for the Company to make, construct, and

maintain a railway from its Durliam colliery, in the parish of Kahibah,

■wiOi Xorthorn fo comniuiiicate witli the Great Northern Pailway, that is to say, a line of railway to commence at a j>oint outside the boundary of the Great Northern Government Pailway from Sydney to Newcastle, distant from Newcastle about six miles seventy-seven chains, in |)ortion number eighty-nine, parish of Kahibah, county of Northumberland; and continuing thence south-westerly through portion number thirty- nine, selected by Vincent Stone, to the southern boundary; thence southerly and south-easteidy through portions eighty-tive A, selected by Thomas Phillips and James Edwards, to the southern boundary of same; thence south-easterly through portion forty-four, once the pi’operty of J. J. Hill and since subdivided, across allotments and roads to road on southern boundary of same; thence southerly through portion one hundred and twenty-six, leased to John Pi^ohyns and others, to the northern boundary of portion one hundred and six, leased to Messieurs Pohyns, Hill, Price, and Williams; thence southerly to western boundary of portion one hundred and live, leased to Messieurs Pohyns, Hill, Price, and 'Williams ; thence southerly and south-easterly and across road to northcrii boundary of part of mineral leases eighteen thousand six hundred and seventy-six and eighteen thousand seven hundred and sixty-one, once occupied by the Australasian Coal Company, now B. J. Einck; thence south-easterly to the western boundary of portion number one hundred aud seven, the property of the 'Waratah Coal Company; thence south-easterly to western boundaiy of portion number six, selected by H. O’Brien; thence south-easterly to southern boundary of same across road to northern boundary of portion number one hundred and nineteen, leased to the “ Scottish Australian Mining Company (Limited)” ; thence south-easterlv across road and easterlv to western boundary of portion number one hundred and fourteen, leased to th(! “ Scottish Australian Mining Company (Limited)” ; thence easterly to northern lioundary of portion number one hundred and fifteen, leased to the “ Scottish Australian Mining Company (Limited)” ; thence south­ easterly and southerly to northern boundary of portion number one hundred and sixteen, leased to “ South Bur wood Coal Mining Company (Limited)” ; thence south-easterly to northern boundary of portion number one hundred and thirteen, leased to the “ Scottish Australian Mining Company (Limited)” ; thence south-easterly and easterly to the terminus upon said last-mentioned portion. I t shall also he lawful for the Company to contract with the Pailway Commissioners

of

1893.   56" VIC.

Scottish Atcstralicm Mining Qompany {Limited) Railway.

()i‘ Now South Wales as the constructing authority to effect a commu­ nication between the railway hereby authorised and the said Great t! V

Northci’ii llailway in tin' manner provided for in the one hundred and tw(dfth s(>ction of tlie ruhlic Works Act of 1888,” such railway to he iu the direction described in the Schedule, hut so that the same shall not at any place occupy in any part thereof (except near its junction with the said Great Northern llailway) a greater sjiace in breadth than one hundred and thirty-two teet. And also that the Company may, within threi' years after tlu' passing of this Act, take and occupy five acres of land or any lesser area at tlie junction of the said railway with the aforesaid Great Northern llailway, hut not so as to encroach on or

include any property now A i'sted in the said llailway Commissiomu’s.

2. The ground and soil of so much of the site of the railway site of railway shall

as passes over the lands of the said owners of lands respectively and

^

regress ii])on the adjacent land as may lie necessary for the making

and rejiair thereof, and also the aforesaid five acres of land or lesser area

n hen separated and fcnct'ilin, shall, snhjcct to the payment of compen­

sation as hi'rcin provided for, he vested by A'irtuc of this Act and ivithout

the necessity of any coiweyance in the Company for the purposes of the

railway ; Provided that no lands or rights over any lands  ested in the

llaihvay Commissioners of N cav South Wales sliall by virtue of this Act

tie A’csted in the Company, and nothing herein contained shall prcA ênt

the said owners from carrying on any mining operations beneath the

said railway hereby authorised AA'liich shall not interfere AAntli the safety

of such railAvay and the traffic thereon, and the Company shall have

no further right to tlu' soil of the said lands beneath the surface

than shall he requisite for the formation and rejiairs of the said

raihvay by cutting, embanking, sinking avcIIs, or othenvise : Provided

also, that if in the exercise of the poAvers hereby granted, it he found

necessary to cross-cut through, sink, raise, or use any part of any road,

ov(‘r Crown lands, togetlicr with such rights of ingress, egress, and couveyarKe. dangerous or inconvenient to the persons entitled to the use thereof, the Company shall, before the commencement of any such operations, cause a sufficient road to he made instead of any road interfered Avith, and shall at their OAvn expense maintain such substituted road in a stab' as convenient as the road interfered Avith or as nearly as may h(‘. And the Company before they use the said lands of the said owners of land and the said CroAvn lands respectAcly for any of the purposes aforesaid shall, if required so to do, separate the same by a sufficient fence from the land adjoining thereto Aiith such gates as may hc required for the coiiAumicnt occujjation of such land, and shall also to all private roads used by them as aforesaid, jmt up fences and gates in lik(‘. manner in all cases Avhere the same may hc necessary to prevent tlie straying of cattle from or upon the lands traversed by sucli roads, and in case of any dilferimce hetAvecn the owners or occupiers of such roads and lands and the Company as to the necessity for such fences and gates then the said Company shall put up and erect such fences and gates as any two Justices of the Peace shall deem lu'cessary for the purposf's aforesaid on application being made to them.

h . Tlie railway shall, Avhen constructed, hc maintained and ki'pt naiiwav open to the

in rtqitiir, and shall hc open to the public use upon paymtmt of a toll to the Company of a sum not exceeding tAvopcncc per ton per mile on freight for CAcry transit, the party si'cking transit supplying and lotiding and unloading his OAvn trucks or Avaggons and the Ctnnpany supplying locomotive power, and all trucks AAdien emptied shall ht' convt'yed on their return Irce of charge : Provided ahvays that it shall not he compulsory on the Company to supply locomotive jioAvcr unless the partv seeking transit guarantee and bring one hundred tons

f of

82 VIC. 1893.

Scottish Australian 3lining Company {Limited) llailway.

of freight at least during the eight working hours and give notice of same at least twenty-four hours previously. The railway shall at all times be open to the public upon payment of a toll to the Company of a sum not exceeding one penny half-penny per ton per mile on freight for every transit, except in the case of the Railway Commissioners, the party seeking transit supply the locomotive power as well as the trucks and waggons, and load and unload the same, such toll to cover the retui’n of empty trains : Provided that so long as the Company shall he willing to supply locomotive power no other person, except as afore­ said, shall use locomotive power on tlie line : Provided that if the railway shall he damaged by parties who shall themselves use the railway for transit and supply locomotive power the Company shall he entitled to compensation for such damage, to he 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 before two Justices, and in estimating such damage the Company shall lie entitled not only to compensation for the cost of repairing and restoring the railway lint to the consequential damage (if any) sustained by reason of the suspension of transit or otherwise. In case the Railway Cominissiomn’s shall make use of the railway hereby authorised or any branch railway the tolls payable by them shall he one-half of the above rates.

Brandi railways. 4. And hc it enacted that it shall be lawful for the ownei-s or occupiers of the lands traversed by the said railway or for the Company, with the sanction of the Governor and Executive Council, to lay down upon their own lands any collateral branches of railway to communicate with the said railway for the purpose of bringing carriages to or from or upon the said railway, and the Company 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 communication 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 Company shall not take any rate or toll or other moneys for the passing of any passengers, goods, or other things along any branch so to he made by any such owner or occupier or other person, hut this enaetment shall be subject to the following restrictions and conditions, that is to say,—

No such branch railway shall run parallel to any line of Govern­ ment railway or to the said railway hereby authorised. Th.e Company shall not he 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 tlie Company from time to time made with respect to passing upon or crossing the rail­ way and otherwise, and the persons making or using such branchy railways shall he bound to construct, and from time to time as need may require, to renew the off-set plates and switches according to the most approved plan adopted by the Company under the direction of their engineer.

Power to divert or

5. Eor the purposes and subject to the provisions hereinafter contained it shall be lawful for the Company, their deputies, agents, servants, and workmen, and all other persons by them authorised and empowered to divert or alter the course of any road, street, or way crossing the railway, or to raise or sink any road or way in order the more conveniently to carry the same over or under or liy the side of the railway.

alter roads.

' 0.

1893. 56̂ ̂VIC. 83

Scottish Australian ^lining Company [Limited) llaihcay.

G. If the Company do not cause another sufricient road or Penalty for not

street to lu' so made before they interfere with any such existing -̂oad or street as aforesaid they shall forfeit t(ui pounds for every day ditring which such substituted road shall not hc made after the existing road or street sliall have been interrupted, and such penalty shall be paid to the trustei's, commissiouers, surveyor, or other persons having the mauagt'uu'nt of such road or street, if a public road, and shall bo ap])lied for tlu' pur})oses thereof, or in case of a private road or street the same shall hc paid to the owner thereof, and every such penalty shall he r<'coverahle with costs by action iti the Suprciru' Court.

7. If in the course of making the raihvay the Company shall Eoad rcimiis.

use or iiit('rf('re Avith any road or street they shall from time to time make good all damage done by them to such road or strc'ct, and if any question shall arise as to the damage done to any such road or striM't by tin* Com])any, or as to the repair thereof by tlumi, such question shall he n'lerrcal to the determination of two Justices, and such Justices may direct such repairs to lie mad(' in respect of damage done by the Company and Avithin such jieriod as tliey may think reasouahh', and may impose on the Company for not carryiifg into elt'ect siudi directions any penalty not exceeding five pounds per day as to such Justice's shall seem tit, and any such penalty shall he ]>aid to the Commissiouers for Hoads, or other person or authority having the management of the road or street interfered Avith by the Company, if a public road, and he applied for the purpose's of such refael or stre'ct, or if a private' road or street the same shall he paiel to the; owne'r thereof : Provided always the said Justices shall have regard to and shall make; full alloAvance for any tolls that inayhaA’e been paiel by the Cennpany e)u such road e)r street in the course of the using thcreMef.

8. Until the Company shall liaAn made the hrielges or othen Owners crossing,

proper ceemmunicatienis Avhich they shall under the ])re)visions herein e'ontaineel have been ]'ce[uired to make hetAve'cn lands intersected by the railway and no longer, the oAvners and occupiers of such lands anel any other persons Avhose' right-of-AA ay shall he alfecteel by the; AA'ant of such communications anel their rcsjK'ctive servants may at all time's freely pass and rc])ass Avith carriages, horses, and other animals directly hut not otherwise across any part of the raihvay made in or through their respective lands solely fen' the purpose of occupying the same lauels or for the exercise of such r’ight-of-Avay, and so as not to obstruct the passage along the raihvay or to damage the same, ncve'rthedess, if the owner or occupier of any such lands haA'e in his arrangements Avith the

Company recciAnd or agreed to receive compensation for or on account

of any suc.h communications instead of the same h(;ing formed such owner or occupier or those claiming under him shall not he entitled so to cross tin; raihvay.

1). If the railw ay cross any public highA\ny or parish road on a Provisions in ease

IcA’cl, the Company shall erect and at all times maintain

sufficient gates across such road on each side of the raihvay Avlu'i'i' the	'
same shall communicate therewith and shall employ ])i'0]H'r persons to
open and shut such gates, and such gates shall he kept constantly
closed across such roads on both sides of the railway except during
the tiiiK' wIk'u horses, cattle, carts, or carriages passing along the same shall hav<; to cross such raihvay, and such gates shall he of such
dimensions and so constructed as Avhen closed to fence in the raihvay and prevent cattle or horses passing along the road from ent(!ring upon the raihvay, and the person entrusted Avith the cart; of such gates
shall cause tlu; same to ht; closed as soon as such horses, cattle, carts, or
t;arriagt's shall have passed through the same under a jtenalty not cxceetling forty shillings for every default therein: Prttvided ahvays
that it shall hc laAvful for the Secrctaiw for Public Works in any case

56° VIC. 1893.

Scottish Australian Mining Company [Limited') Railway.

in wliicli lie shall be satisfied that it will he more conducive to the jmhlic safety that the gates on any level crossing over any such road shall be kept closed across the railway to order that such gates shall he 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 10. In case of accidents or slips happening or being apprehended

adjoining Innds to

repair acciderits	to the cuttings, embankments, or other works of the said railway, it
subject *^0 ceitain	shall he lawful for the Company and their workmen and servants to
restrictions.	enter upon the land adjoining thereto, except land vested in the Railway Commissioners, at any time whatsoever for the purpose of repairing or preventing such accidents and to do such works thereon as may be necessary for the pur]iose, hut in every such case the Company shall within forty-eight hours after 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 he done, and such powers shall cease and determine if the said Secretary shall after considering the said report certify that their exercise is not necessary for the public safety : Provided 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 he executed with all possible despatch, and full compensation shall he made to the owners and occupiers of such lands for the loss or injury or inconvenience sustained them respectively by reason of such works, the amount of which compensation in case of any dispute about the same shall he settled by arbitration in the manner hereinafter mentioned : And provided also that no land shall he 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.

Construction of 11. Every bridge to he erected for the purpose of carrying the The width of the arch shall he 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.

bridge over roads.

railway over any road shall be built in conformity with the following

regulations, that is to say :—^

The clear height of the arch from the surface of the road shall not he less than sixteen feet for a space of twelve feet if the arch he over a 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 spi’inging of the arch shall not be less than twelve feet, the clear height of the arch for the space of nine feet shall not be less than fourteen feet over a private road.

The descent made in the road in order to carzy the same under the bridge shall not he more than one foot in thirty feet if the bridge be over a public highway, 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 railroad, or if the same he a tramroad or railroad the descent shall not he greater than the ruling gradient of such tramroad or railroad.

Construction of	12. Every bridge erected for carrying any road over the railway There shall be a good and sufficient fence on each side of the bridge of not less height than four feet, and on each side of the immediate approaches of such bridge of not less than three feet.
bridges over

railroads.

shall be built in conformity with the following regulations, that is to

say:—

The

1893. 56̂ VIC. 85

Scottish Australian Mining Gompamj {Limited) llaihcay.

The road over the bridge shall have a elear space between the fences thereof of thirty-five feet if the road be a public higli- way, and twenty-five fi'et if a parish road, and tweh e feet if a private road.

The ascent shall not he 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 feet if a private road, not h(hiig a tramroad or railroad, or if the same be a tramroad or railroad the ascent shall iiot be greater than the ruling gradit-nt of such tramroad or railroad.

13.                Provided always that in all cases where the average avail- The widiii of iiic

able width for the passing of carriages of any existing road within titty yards of the points of cro.' ŝing the same is less than the width herein-tiu-mad in eertair. before prescribed for bridges over or under the railway the width of such bridges need uot be greater than such average availabh' width of such roads, Imt so, nevertheless, that such bridges be not of less widtli in case of a public highway or parish road than twenty feet: Provid('d also that if at anv time after the eonstrnction of the lailwav the t' t'

average available width of any such ]'oad shall be increased beyond the width of such bridge on either side thereof, the Company shall be bound at their own expens(' to increase the width of the said bridge to such extent as they may be required by the trustees or surveyors of such road, not exceeding the width of such road as so widened, or the maximum width herein prescribed for a bridge in tlu' like case over or under the railway.

Id. Provided also that if the mesne inclination of any road

witliin two hundred and lifty yards of the points of crossing the same, aivI-Xd m-cd not

or the inclination of such portion of any road as may be requiicd to '>«

be altered, or for which anotlu'r road shall be substituted, shall be

steeper than the inclination hereinbefore required to be preserved by

the Company, then the Company 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 mesne inclination of the

road so to be crossed, or of tbe road so requiring to be altered, or for

which another road shall be srdistitutcd.

15. The Company shall make, and at all times thereafter WoiVs for benefit

maintain, the following works for the accommodation of the owners

and occupiers of lands adjoining the railway, that is to say:—■

Such and so many gates, bridges, arches, culverts, and passages Gates, bridges, ie.

over, under, or by the sides of or leading to or from the

railway as shall b(‘ necessary for the purpose of making good

any interruptions caused by the railway to the use of the

lands through which tlie railway shall be made; and such

works shall lie made forthwith after the part of the railwtty

passing over such lands shall have been laid out or formed	■
during the formation thereof.

All sntlicient posts, rails, hedges, ditches, mounds, or other fenci's Femos.

for stqiarating the land taken for the use of tlu' railway from the adjoining lands not taken, and protecting such lands from trespass, or the cattle of the owners or ocmipiers tlu'rcof from straying thereon by reason of tbe railway, togctluu’ with all necessary gates made to open towards such adjoining- lands and not towards the railway, and all necessary stih-s, 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.

Also all necessary arches, tunnels, culverts, drains, or other passages, Drain.̂ .

either over or under or by the sides of the railway, of such

dimensions

86 56̂ VIC. 1893.

Scottish Australian Mining Company {Limited) Railioay.

dimensions as -will be sufficient at all times to convey the water as cb'arly from the lands laying near or affected hy the railway as before the making of the railway, or as nearly so as may he, and such works sliall be madi; from time to time as the railway works proceed.

Provided always that the Company shall not be required to make such accommodation works in such a manner as would prevent or obstruct the working or using of the railway, nor to make any accommodation works with respect to Avliich tlu' owners and occupiers of the land shall have agreed to receive, and shall have been paid compensation instead of the making them.

Penalty on persons	16. If any person omit to shut and fasten any gati; set up at
omitting to fasten

gates.	cither side of the railway, for the accommodation of the owners or occupiers of the adjoining lauds, so soon as he and the carriage, cattle, or other animals under his care have passed through the same, he shall forfeit for every such offence any sum not exceeding ten pounds.
Minerals not to pass.	l7. Tlic Company shall not be entitled to any mines of coal, iron, stone, slate, or other minerals under any land whereof the surface is vested in them hy virtue of this Act, except only such parts thereof as shall he necessary to he dug or carried away in the construction of the works hereby authorised. And such mines shall not hc deemed to vest in the Company.

Compensation clause. 18. I f Avitluii twcnty-eight days after the passing of this Act the

said persons, through Avhose lands the railway shall pass, or any of them, and the Company, shall not agree as to tlie amount of com­ pensation to he paid by the Company, for the said lands htdonging to the said parties or any of them, or for any damage that may he sustained by them or him hy reason of the execution of tlie Avorks, or if any other question as to compensation shall rise under this Act, the

' amount of such compensation shall be settled hy arbitrators in manner hereinafter mentioned, that is to say:—Unless hotli parties shall

Ap]iointmcut of	concur in the appointment of a single arbitrator, each party on tlie
arbitrators.	request of the other jiarty shall nominate and appoint an ahritrator to AAdiom such dispute or other matter shall he referred. And every appointment of an arbitrator shall he under the hand of such party. And such appointment shall he deliAnred to the arbitrator or arbitra­ tors, and shall he deemed a submission to arbitration on the part of the party hy Avhom tlie same shall be made. And after any such appointment shall have been made, neither party shall ha\n power to revoke the same Avithout the consent of the other, nor shall the death of cither 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 Avriting shall have been seiwed hy the one party on the otlii'r party to appoint an arbitrator, such last-mentioned yiarty fail to appoint such arbitrator, then upon such failure it shall he laAvful for the Attorney-General for the time being of the said (Colony, on the application of the party Avho has him­ self appointed an arbitrator, to appoint an arbitrator to act on behalf of the other party. And such arbitrators may procei'd to hear and determine the matters Avhich shall he in dispute. And in such case the aAvard or determination of such arbitrators shall he final and con­ clusive.
A'iipimcy of arbitrator	19. I f before the matter so referred shall he determined any arbitrator appointed hy either party shall die, or become incapable, or refuse, or for fourteen days neglect to act as arbitrator, the party by Avdiom such arbitrator Avas appointed may nominate and appoint in AAn-iting some other person to act in his place. And if for the space of scA'en days after notice in Avriting from the other party for that purpose he fail to do so the remaining or other arbitrators may proceed
to be supplied.

■ alone.

1893.   56 ’ VIC.

Scottish Austrulkui Ihining Company {Limited) Railioay.

uloiK'. And every arbitrator so to be substituted as aforesaid shall have the same powers and authorities as were vested in tin; fornun- arbitrator at tlie time of such, his d(!ath, refusal, neglect, or disability as aforesaid.

20. "\Vh(!re more than one arhitrator shall have been appointed such arbitrators shall, before they enter upon the matters relVrred to of

•

them, nominate and appoint hy writing undm-their hands an um])ire to decide any matters on which they shall differ, or which shall be reterred to them under tlie 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, or either of them, they shall forthwith, after such de'ath, refusal, or neglect, appoint another umpire in his place;, and the decision of every such umpire on the matters so referre'd to him shall be final.

21. If in either of the ease;s afore'saiel the arbitrators shall re'fuse', viiomoy-Generai to

e>r ibr seven days after request of either ]>arty to such arhitratietii neglect to appoint an umpire it shall he lawful for the Attorney- Ge'ue'ral for tbe time being, on tbe ajtplication of either j)arty to sueli arbitration, to appoint an umpiri', and tbe decision of such umpire on the matters on which the arbitrators shall differ, or which shall be refem'd to him undc'r this Act, shall 1h‘ tlual.

22. If when a single arbitrator shall have been appointed sueh f" case of (loatii of

arbitrator sliall die or become incapabh', or shall refuse, or for foiudecn

days iK'gleet to act before lu' shall have made his award, the matters <i<	‘ "«™-
ri'ferred to him shall b(! determined by arbitration under the provisions of this Act in the same manner as if such arbitrator had not bi'cn appointed.

23. If when more than oire arbitrator shall have been appointtal if either ai-bihator

(dther of the arbitrators shall rei'use or for seven days neglect to act ',ih'rr‘’iI,'proceed

the other arhitrator may proceed alone, and the decision of such otlua*'.i p-f/Ve.

arbitrator shall be as etfectual as if hc liad been tlu; single arbitrator

appointed by both parties.

21. if when more than one arliitrator shall have been appointed, arbitrators fail to

1 I i‘ 11 1 11 1* I* 1 i. X L ni:ike tlieii'award

and when neither ot them shall die, reluse, or neglect to act as atore- within twenty-one

said, such arbitrators shall fail to make their award within twenty-one days tiie mafter to go

days after the day on which the last of such arbitrators shall luive bet'n *"

ap])ointed, or within such extended time (if any) as shall have been

appointed for that purpose by both of such arbitrators under tbeir

bands, the matters referred to them shall be determined by the umpire

to be so ap])oint(!d as aforesaid. ’

25. The .said arbitrator or arbitrators, or their umpire, may call

, 1 J • i» 1 j_ • J.1 • to (‘all lor book-j, &c.

lor the production or,any documents in the possession or ])OWor or either j)arty, Avhich they or he may think necessary for determining the (pi(!stion in dispute, and may examine the parties or the witnesses on oath and administer the oaths necessary for that purpose.

2(5. Before any arbitrator or umpire sliall enter into the con- Arbitmtor or umpire

sideration of any matters referred to him, hc shall in the presence of

a Justice of the Peace, make and subscribe the following declaration, of duty,

that is to say—

I, A.B., do solemnly and sincerely dciclaro that I will faithfully and honestly, and to the best of my skill and ability, hear and determine the matters refcu’rcd to me under the provisions of the “ Scottish Australian Mining Company (Limited), llailway Act of 1893.”

Made and subscribed in tbe presence of

A.B.

And sueh dcadaration shall be annexed to the anard when made; and Penally for misoon-

if any arbitrator or umpire having made such declaration shall Avilfiilly

act contrarv thereto, he shall lx* guilt\ of misdemeanour.

‘ ' 27.

88 56̂ Y i a 1893.

Scottish Australian Mining Company {Limited) Railway.

Cost of arbitration,	27. All tlui costs of auy such arbitration and incident thereto to be settled bv tbe arbitrators shall be borne bv tbe Companv, unless the arbitratoi-s shall anard tbe same or a less sum than shall have been olfered by tlu' Com])any, in Avbicb case each party shall bear his OAAm costs incitlent to the arbitration, and the costs of the arbitrators shall be borne by tbe ])arties in equal proportions nnless the amount aAvarded shall be one-fourth b'ss than the amount claimed, in wliich case the whole costs shall be paid by the claimant: Provided that if either party shall be dissatisfied with the costs allowed bv the arbi­ trators as aforesaid, the costs may be taxed by the Protbonotary or other proper officer of the Supreme Court, and the amount alloAved by such officer shall be tlie amount of costs to bo paid.
liow to be borne.
Award to be
(iehveretl to tbe	28. The arbitrator, arbitrators, or umpire shall deliver their or his award in n riting- to the Company who shall retain the same, and shall fortliAvith on demand, at their own expense, furnish a copy thereof
Company.

’ to the other party, and shall at all times on demand produce 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 Avitbin sixty days afti'r tbe jmblication of sueh aAvard.

Subn.ission inay be O'). Tlic sulmiissiou to aiiA ' sucli arbitration may be made a rule

iM.ui aiuto	o u r .	g-apremc Court on the application of either of the parties.
Award not void

1 hrougli error iu	30. No aAvard made Avith respect to any question referred to irregularity or error in matter of form.
i'orni.	arbitration under the jirovisions of this Act shall be set aside for

"

Compcii.*iiition for

tom])orary or per­ 31. The Comjiany shall make compensation and satisfaction to

manent or	reeuiTing the Said OAvnci’s and occupiers (the amount of such com])cnsation and satisfaction to be ascertained and recovered in case of dilference in tbe. manner hereby provided) for temporary, permanent, or recurring injury, and for all other damage, loss, costs, charges, and inconvenience Avhicli may in anyAvise be occasioned to the said OAvners or occupiers by the non-performance by the said Company of any of the matters and things hereby required to be performed by them or othenvise.	’
injuries.

Compcn8ati(^n to be

made for tenipornry 32. In every case Avhere the Company shall take temporary

occupation. possession of lands by virtue of the poAvers hereby granted it shall be incumbent on them within three months after their entry upon such lands, upon being reipiired so to do, to pay to the oeeupicr of the said lands the Anlue of any croji or dressing that may be tbereon and damaged or injured by such entry, as Avell as full compensation for any other damage of a temporary nature Avhich he may sustain by reason of such entry, and they shall also from time to time during their occupation of the said lands pay half-yearly to such occupier or to the OAvner of the lands as the case may require a rent to bo fixed by two Justices, in case tbe parties differ, and shall also Avithin six months after the completion of the raihvay pay to such OAimer and occupier, or deposit in,the bank for the benefit of all ])arties interested as the case may require compensation for all permanent or other loss, damage, or injury that may liav'e been sustained by them by reason of the exercise as regards the said lands of the ]ioAvers hereby gi'antecl, ineluding the full value of all clay, stone, gravel, sand, and other things taken from such lands.

ITow compensation 33. If the person or persons througli whose lands the raihvay

!,"■ pnuics imcitr any sliall pass sliall 1)0 Under any disability or incapacity, or shall be entitled

(liiiibiiity only to a partial or qualified interest in the said lands or not entitled to disposj of the same absolutely for his or their OAvn biuiefit, or shall be al.sent from this Colony, the amount of compensation to be paid by the Company as aforesaid shall be ascertained, and Avhen so ascertained shall be paid into the Supreme Court of NeAV South Wales, to be applied for and obtained bv the parties legally entitled thereto.

1893. 56 VIC. 89

Scottish Australian Mhilmj Com par ij (^Limited) Railway.

34. If in any case in ■which according to the provisions ot this siu-iiff imiiiorixd to

Act tlie Companv is authorised to enter upon and take possession of k

''*'

any lands required for tlie purpose of tlu; und('rtaking, the owner or oeeii[)ier of any sucli lands, or any otlier person refuse to give up the possession thereof or hinder the Comp.any from entering upon or taking- possession of the same, it shall he lawful for the Company to issue its warrant to the Sheriff to deliver ])OSsession of the same to the ])(-rsnn appointed in such Avarrant to receive the same', and upon the reeeipt of sucli Avarrant tlie slu'riif shall deliver possession of any sueh lands aeeordingly, and the cost accruing hy reason of the issuing and execu­ tion of sueh Avarrant to he settled hy the sherilf shall be paid hy the person ri'fiisiug- to give jiossi-ssion, and the amount of such costs shall ho deducted and retained hy the Conqiany from the compensation if any then jiayable to such person i-efusing to give possession, or if m» such eompi'iisation shall he payable to sueh ])crson or if the same he less tlnin the amount of siieli costs, then such costs or the (-xecss thereof beyond such eonqiensation if not ])aid on demand shall be lovii-d hy distress, and upon ap])lieation to any Justice for that jmrjiosi-, he shall issue his Avarrant accordingly.

35. Por the purpose of rc'gulating the conduct of the ollieers and serA'ants of the Company, and for providing for the dm- managi-- meiit of the affairs of tin- Company in all ri-speets, it shall he hiAvl'ul for	anv hkh- m̂iko
the Company, subject to the jirovisions lieiA-in mentioned, from lime to
time, fo make such hy-hiAVS and regulations as they shall think lit : Provided that sucli by-laws hi-not repugnant to the laws of the Colon v, or to tin- ]irovisions of this Act, or to any ri'solution of any general mei-tingof shareholders, and such by-laws shall he reduced into Avriting, aud shall he duly executi-d hy the Company, and a co]iy of such hy-hiAvs shall ho given to every officer and si-rvant of the Company affected th(‘r(‘hy, and such hy-hiAVs may sjiecify a maximum and minimum penalty for any hri-ach thereof, such jieiialty to ho ])roceeded for and recovered under the provisions of tin-Act eloAmnth and tAvelfth Victoria chapter forty-three : Provided ahvays that any hy-laAvs of the said Company relating to penalties must he first a])proved of hy tlie Governor and Executive Council, and shall he jmblished in tlie Xc-w South AVales Gorenrmeut Gazette.

3(). The production of the Gorernment C'cccf A containing a Uv̂ irii.r or bv.hnvs

printed copy of the hy-laAvs of the Company purporting to he duly executed by the Company, and ajiprovi-d as aforesaid, shall he suliicient evidence of sueh by-laws in all proceedings under the same.

37. Xothing in this Act shall he deemed to authorise the said i-niHis bUonKii.̂ to

Company to take or enter upon any lands hehinging to the llailway

Commissioners of Ncav South Wales, or to alter or to interfere Avith the ink, n.

Great Northern llailway or any of the Avorks thereof.

38. For the purpose of affecting communication hetAviH-n f luAi'i'i>''“t>>’" of

llaihvay authorised by this Act and the Great Northern llaihvay, the

one hundred and tAA'elfth section of the Public Works Act shall apply, I’libik-AVorks a<

t.

and the llaihvay Commissioners shall be deemed the Constructing

Aut hority thereunder.

39. The said llaihvay Commissioiu-rs .shall from time to time, at Rniiwin Conmii>-

tlie expense of the Company, erect sueh signals and coiivenic-nces

incident to the aforesaid communication either upon their oaa ia lands wriiciimin iimi

or on the lands of the Company, and may from time to time ajijioint

and remoA'e such Avatchmen, switchmen, and other persons as may ho

necessary for the prevention of danger to or interference Avith tht',

traffic at or near the junction, and in all cases at the expense of the

Company.

40. The erection, Avorking, and management of such signals AVorkin- of signals

and conveniences, Avherever situate, shall he under the f-'xchisive

regulation way Comiuifsionoi's.

90 56̂ VIC. 1893.

Scottish Australian ^lining Company (^Limited) Railway.

regulation of the said Railway Commissioners; but all costs, charges, wages, and expenses incidental or arising thereout shall he defrayed hy the Company.

“ Govornment Rail-	11. Xothing herein contained shall alt<‘r, rej)eal, or otherwise
■wa v Aot of 1888 ”

and “ Public Works

affect the “ Government Rail\\ ays Act of 1888 ” and the “ Ruhlic

Act of 1888” not

AYorks Act of 1888.’’

altered or repealed.

Right to carry

42. The Company shall, at the request of the Railway Com­ missioners, from time to time and at all times, carry passengers and live stock upon the said railways, or either of them or any part tlu'reof res])eetively, and he at liberty to demand, take, receive, and recover such tolls and dues for carrying the same at such rates per mile or oth('r scale of charges as shall be established from time to time hy the said Railway Commissioners for or in respect of all such passengers and live stock which shall be so carried as aforesaid. The Company is hereby authorised to make sucli by-laws and rcgidations as may he deemed necessary for regulating such traffic, and for enforcing and recovering such tolls and dues ; and such by-laws and regulations, upon approval of the Governor and Executive Council, shall, after publication in the Gazette, he binding upon all persons using or travelling upon the said railways. Any person offending against sucli by-laws or ri'giilations shall hc liable to a fine not exceeding ten pounds for each offence, to be recovered in a summary way before any two flustices of the Peace ass('mhled and acting together in Petty Sessions.

passengers.

liabh' to a greater

Coiii])anj not to be

4"j. Xothing in this Act contained shall extend to charge or other case than when, according to the laws of this Colony, stage-coach proju'ietors or common carriers would he liable, nor shall extend in any degree to deprive the Comjiany of the protection or privilege which stag(!-coach proprietors or common carriers may he entitled to, hut, on the contrary, the Company shall at all times he entitled to the benefit of every such protection and privilege.

extent than common

make liable the Company, when acting as carriers, further or iu any

carriers.

Penalty for not

14. Unless the railway herei)y authorised shall hc completed and brought into use within three years from the passing of this Act, or Avitliiir such extended time as the Governor and Executive Council may allow, the rights and privileges hereby conferred on the Company shall ca'aso.

carrying out work.

Interpretation

45. Ill this Act the word “ Justices” shall mean Justices of the Peace in and for the Colony of Xew South W ales; and when any matter is authorised or required to he done hy, or any penalty or forfeiture' is recoverable before two Justices, the expression, “ two Justices” shall mean two Justices assembled and acting together in Petty Sessions, or a Stipendiary or Police Magistrate; and the Avord “ Oivner” shall mean any person or corporation udio under the pro­ visions of this Act is authorised to sell land to the Company.

clause.

Sliort title.

46. This Act Avhenever cited shall he sntficiently described

as the “ Scottish Australian Mining Company (Limited') Raihvay Act

of 1893.” '

TILE S C H E D U L E H E E E I X B E F O E E E E E E E E S J ) TO.

Conimciicina; at a point to bo fixed by tbo Company in portion numl)cr one luindred and tliirteen, in the parish of Txaliibab, county of Northumberland ; and runninc' tlionce westerly and north-westerly tlirough tha t portion to a point one thousand one hundred and fourteen links westerly from south-we.st corner of watiT reserve number fo u r ; thence north-westerly through portion number one hundred and sLtoen to a point th ir ty chains and fourteen links westerly from south-east corner of portion number one hundred and fifteen ; tlienoo north-westerly through portions number one hundred and fifteen .and one hundred and fourteen ; thence north-westerly through part of portion number one hundred and nineteen ; thence across a road one chain wide and again through other part of portion numbei' one hundred .and nineteen ; tlieuce across another road one chain wide to a point two chains and twenty-six and a half links westerly from

the

1893.   56 VIC.

Menindk' and Broken ILUl Tramimy.

Ilu' noulli-east corner of portion number six ; tlience north-westerly through llnit ])ortion and llie nortli-castorn angle of portion nninbcr one hundred and nineteen to a point foi'ty-eiglit links westerly from north-east corner of tha t portion ; thence nor th ­ westerly through ])ortion number one hundred and seven and part of mineral leases numbers eighteen thousanil six hundred and seventy-six and eighteen thousand seven hundred and sixty-oiu! to southern boundary of portion number one hundred and five at a point one thousand one hundred and ninety-four liidts westerly from its south-east corner; thence across a road one chain wide ; thence northerly through jjart of portions numbered one hundred and live and one hundred and six : thence north-westerly through ])ortioii number oiu' hundred and twenty-six ; thence across a road one chain wide ; thence north-w('sterly through ])ortion number foi'ty foui’ and a road one chain wide in te r­ secting same to a ])oint three hundred and eight links westerly from south-east corner (d'])ortion numl>er eightv-tive A ; thence north-westerly and northerly through tliat ])ortion to a point two hundred and seventy-live links easterly from south-western corner of portion number thirty-nine ; ami thence about north-easterly through jjart of tha t portion to a ])oint on the south-western boundary of the ( trea t Northern Govern­ ment JJailwav from Sydney to Newcastle about two hundred and one links southerly from southern boundary of portion number eighty-nine.