Segenhoe Estate Irrigation Act (1893 No sei) (NSW)

1893. 56̂ VIC. 63

Segenhoe Estate Irrigation.

An Act to authorise and ena!)le the “ liand se.EN.n.K estwk

Coinpany of A ustralasia (l^iinited)” to establisli a system of Irrigation and AVater Su])ply in and ni)on the Segenhoe E sta te ,situate in tlu ‘ ])arishes of Mac(|iieen, Eussell, and Roueliel, in the eounti(‘s of Iln rham and Brisbane and the lands adjacent there to ; to aecpiire lands to establish Irriiia tion AV orks ; to authorise the Sale jiud Su])])ly of AVater for Irrii»*a- tiou and J)omestic u se ; and to m ak(\ eonstrnet, and hiy dams, weirs, or tlood- i»*ates upon and across the River l^ai>e and Roiichel Brook, and to take and divert w ater therefrom ; and for all o ther |)ur- ])oses which may be incidental thereto. [13 /̂/ June, 1893.]

T T T IIE ll l^AS tlie “ Land Coinpany of Anstralasia (Limited) ” liavc rreinubio,

VV acqnh’ed a large area of land, known as tlie Sogenhoe Estate',

situate in tlie parishes ot Maeipieen, Eussell, and Eonchel, in tlie eonnties of Lnrliam and Erishaiu', in the Colony of New South Wales, whieli are intersected hy tlie Eiver Page' and Eonchel Brook, and are ahout to aeeĵ uire other large are'as of lands adjacent thereto, which lands are suitable for agricultural and horticnltural purposes if provided with a supjily of water : And Avhere'as it is ('X]iedient and rvonld hi' to the advantage of the inhahitants ot the siirroiindiiig district and ot the public generally to I'stahlish a system whereby the waters ot the said river and brook, which now run to waste, should he consi'rvcd and utilised for irrigation and domi'stic us<!: Bi' it theretorc ('iiacted hy the Queen’s Most Excellent Majesty, hy and with the advice and consent ot the Legislative Council and lii'gislativc Assi'inhly of New South AVah's in Parliament assembled, and hy the authority ot tlui sam(', as follows ;—

PAET I.

Preliminarg— Powers and duties o f Coinpany.

1. This Act mav he cited as the “ Segi'iihoe Estate Irrigation shoH uiie.

Act.” ' '

2. Nothing contaiin'd in the “ Municipalities Act of 1807,” or rorUmisoi'Acisnt

the “ Country Towns "Water and Sewerage Act ot 1880,” sliall he con- "'Hi

strued to control, limit, or restrict the ojicration of this Act, or to

'

int('rferc with its provisions in res])cct ()t the construction or maintc'ii-

ance of works, or the storage, distribution, or supply ot water.

0. Notliing in this Act shall he construed to limit or in any Pwisions suiijpct to

way interti'ri' with the rights of the Crown to the geiu'ral control of natural supplies of water; and the jirovisions ot this Act shall hi' subject to tlu' provisions ot any gc'neral legislation to deal with water conservation or irrigation thronghont the Colony, and shall not in any wav inti'i'fere with anvrii;ht conterred hetore the passing of this Act.

‘ ‘ 1.

64 56“ VIC. 1893.

Segenhoe Estate Irrigation.

Interpretation of 4. Ill tlio coiistructioii of tliis Act, uiiless tlio coiitext vequires a difFerent meaning, tlic expression—

“ Crown Lands” means Crown Lands as defined by the “ Croivn

Lands Act of 1889.”

“ Domestic use,” when employed with reference to water, means use for household and all other purposes, saye for irrigation of gardens or land.

“ The Goyernor” means the Goyernor, with the adyice of the

Executiye Council.

“ Irrigation” means the use of water for flooding, moistening, or

watering lands for agricultural or horticultural purposes.

“ Irrigation area ” means the Segenhoe Estate of ahout twenty- fiye thousand acres, more or less, in the parishes of Eussell, Ihouchel, and Macqueim, counties of Brisbane and Durham, and the land to he acquired liy yirtue of this Act.

“ Justice” means any Justice or Justices of the Peace.

“ Minister ” means the Minister charged with the administration

of this Act.

“ Owner” means occujiier or lessee.

“ Person” means any iudiyidual as well as any Corporation,

Municipality, Borough, or other local authority.

“ Prescribed” means hy this Act or hy tlie regulation thereunder.

“ llegulations” means the regulations made under this Act.

“ The Company” means the “ Land Company of Australasia

(Limited),” or their assignees for the time being.

Condiiions prior lo 5. Bcfore tlic Coinpauy shall put into force any of the proyisions aoquisitioD of land, contained in Part II of this Act with respect to the acquisition of

land otherwise than by agreement, the following conditions and

provisions shall he oliseryed :—

(i)   The Company shall puhlish onee at the least in each of three consecutive weeks in some local newspaper circulating in the Police District of Scone, a notice describing shortly the

. nature of the undertaking in respect of which it is proposed to take any land, naming the registered office as the place where a plan of the proposed undertaking may he seen at all I’easonable hours, and stating the quantity of lands required.

(ii)   The Comjiany shall serve a notice on every owner or reputed owner, lessee, or reputed lessee and occupier of such lands, describing in each case the particular lands intended to he taken, and requiring an answer stating whether the person so served assents, dissents, or is neutral in respect of taking such lands.

(iTi) On compliance with the provisions of this section with respect to notices, the Company may, if they think fit, present a petition to the Governor, and such petition shall state the lands intended to be taken, and the purposes for which they are required, and the names of the owners, lessees, and occupiers of lauds wlio have assented, dissented, or are neutral in respect to the taking such lands, or wdio have returned no answer to the notice. And it shall pray that the Company may, with reference to such lands, he allowed to put in force the powers contained in Part II of this Act, with respect to the acquisition of lands otherwise than by agreement, and such jirayer shall he supported hy such evidence as the Governor may require.

(iv)  On receipt of such petition, and on duo proof of the proper notices having been published and served, the Governor shall take such petition into consideration, and may either dismiss the same, or direct a local inquiry as to the propriety

' of

1893. 56° VIC. 65

Segenhoe Estate Irrigation.

of assenting to tlic prayer of such petition, hut until such inquiry has been made, no provisional order shall he made affecting any lands without the consent of the owners, lessees, and occupiers thereof.

(\ ) jVfter the completion of such inquiry the Governor may, hy provisional order, cnqiowc'r tlie promoters to put into force Avith reference to the lands rel'crriHl to in such order the powers of the said Part II Avith respect to the acquisit ion of lands otlu'rAvisc' than hy agreenK'nt, or any of them, and (dtlier absolutely or Avith such conditions and modilicatious as the Governor may think fit, and it shall bo the duty of the Company to sci'a c a copy of any order so made', in the manner and on the person in Avliich and on Avlioni notices in respect

' of such lands are required to be served.

(5. Subject to the provisions of this Act, subject to the approAul Powers of Company,

of the Minister, it shall bo laAvful for the Company to exercise any of

the folloAving powers, that is to sa y ;—

(i)   To erect, make, lay, or construct upon and across tlu; lliA'er Page, dams. Avoirs, flood-gates, or either, with the necessary offtake Avorks, and also to erect, make, lay, or construct u])Oii and across Ilouchel Brook, dams, Avoirs, flood-gates, or either, Avith the necessary offtake Avorks, and also to make, lay, and construct upon and across the said I'iA'er and brook tunnels, aqueducts, and canals, and to maintain the same.

(il)   To erect such hoilers, engines, pumps, and other machinery AAo’thin or Avithouf, the irrigation area to raise any such Avater

as may be necessary and to work the same. ■

(h i) To erect, mak(‘, lay, or construct upon any jiart of the irrigation area such dams. Avoirs, tlood-gati's, culverts, aque­ ducts, sluices, tlumcs, pipes, engines, jiumping machinery, reseiwoirs, dams, canals, Avatcr-courses, embankments, or other Avorks as may be necessary or expedient for carrying out the purposes of this Act, and to maintain and Avork the same.

(lA") To take or divert Avater from the said river and brook aboAn such dams, Aveirs, or flood-gates, and to convey to and dis­ tribute the same Avithin the irrigation area or elscAvliere as hereinafter provided, in (|nantities not exceeding one culiie foot ]ier minute for evi'iy five acres of land Avithin the irrigation area.

(v)   To Aviden or deepen, and use for drainage or any other pur­ pose, any existing creek, lagoon, sAvamp, or Avater-course Avithin or leading to or from the irrigation area.

(vi)  To lay pipes, cut trenches, canals, or dnets Avithin or Avithout the irrigation area for the purpose of deli\nring AAuter to oAvners of lands, AAutliin or AAuthout the irrigation ari'a, and for the purposes of supplying water for domestic use, and to maintain the same.

(vil) To enter into and upon any lands and take and lay doAA'u levels of the same for the pui-pose of making, laying, or constructing canals, flood-gates, Aveirs, cuh^erts, aqueducts, sluices, flumes, pi])cs, Avater-conrses, embankments, channels, or other Avorks ineidental thereto, and to set out such parts thereby as they shall think necessary.

(viii) After payment of compiaisation as hereinafter proAuded to

enter upon, take, and hold such land as they may from

time to time deem necessaiy for the construction and main-

• tenanc(i of any of the AVorks authorized by this Act.

c ‘ ‘ (tx)

66 56̂ ̂VIC. 1893.

Segenhoe Estate Irrigation.

(ix)  To enter npon any Crown lands or private lands, streets, roads, or thoronght'ares, and to construct, maintain, lay, or

- place tliereinanycanals,flood-gates, weirs, culverts, aqueducts, sluices, flumes, water-courses, embankments, pipes, bridges, or other works incidental thereto, and repair, alter, cut otb, or remove the same, and enter upon any such lands, streets, roads, thoroughfares for the purpose of repairing any water-courses or other works being their property or under their control.

Compensation for	7.	Whenever any person employed hy the Company in pursuance
damage done by

Company. of this Act shall, while in the execution of his duties, cause injury to land, fences, or other property, or shall cause damage or loss to any owner of land or any other property, the person suffering such injury, loss, or damage shall he entitled to he compensated hy the Company.

Plans of dams, i^c.,	8. The plans of any dams, weirs, culverts, bridges, or other
to b(̂ submitted to

Minister.

works which may interfere in any way with the flow of the river Page, or any other iiatural channel shall he submitted to the Minister, and must receive his sanction before such works can he entered upon.

Arbitration.

9. Mlien any person claims compensation from the Company on account of any injury, loss, or damage, and such claim is disputed hy tlie Company, the compensation claimed shall he settled in acordance with the provisions of tlic “ Public "Works Act of 1888” in respect of claims for comjoensation made thereunder, the words “ constructing authority” mentioned in the said Act being for this pur])Ose read the “ Company” as hereby defined : Provided ahvays that in the exercise of any of the powers lierehy conferred the Company shall inflict as little damage as may he, and shall make full compensation to all parties interested for all actual damage sustained hy them through the exercise of such powers.

Power to open 10. The Company may open and break up the soil and pavement

streets. of any streets, roads, and bridges, and may open and break up sewers, drains, or tunnels within or under such streets and bridges, and lay down and place within the same or other limits, pipes, conduits, service pipes, and other works, and from time to time, repair, alter, or remove the same, and for the purposes aforesaid to remove and nse the earth and materials in and under such streets, roads, and bridges, and do all other acts Avhich the Company shall from time to time deem necessary for supplying Avater as authorized hy this A c t: Provided nevertheless that permission he obtained from the respective Municipal Councils Avhen such streets are outside the irrigation area.

Eeinstatement of 11. When the Company shall open or break up the road or

streets. paA'ement of any street or bridge, or any sewer, drain, or tnnncl, they shall Avith all possible speed complete the AÂ ork for Avliich the same shall he broken np, and fill in the ground and reinstate and make good the road or paA^ement of the seAver, drain, tunnel, or Avatcr-])ipe so opened or broken np, and keep the same in repair for a space of three months, and carry away the rubbish occasioned thereby. And shall at all times, whilst any such road or paA^ement sliall be so open or broken up, cause the same to be fenced or guarded, and shall canse light sufficient for the Avarning of passengers to he set up and kept there for every night during Avhich such road or pavement shall be continued open or broken np.

Diversion of water­ 12. The Company may, AA'ithin the irrigation area, from time

courses. to time, di ert or alter, temporarily or permanently, any part of the course of any creeks or water-courses, roads, streets, or Avays, in ordt'r the more conA^enicntly to exercise any of the poAi-crs conferred on the Company, and may cut drains and deliver Ainter into, embank, Aviden, or deepen, any creek, Avater-conrse, lagoon, or SAiamp A\dthin such area, and may purchase or take on lease any existing wah'r-AA'orks, and erect or construct thereon all neccssaiw AAwks and machinerv.

' ' 13.

1893. 56° VIC. 07

Segenhoe Estcde Im gation .

13. Tlic Company may supply any person, eitlier within or Agreements to supply

without the irrigation area, with Avater for domestic use, hy measure or othenvise, at such rates, upon such terms, and subject to such con­ ditions as may ho agreed upon liy the Company.

Idi. Tlie Company shall not he lialile, in the absence of express Company not to be

stipulation under any agreement for the supply of Avater, to aiij unavoidable cause, or from accident, or from necessary repairs.

penalty or damages for not supplying or continuing to supply such supply.

15. The Company may let for hire to any person supplied Avith Company may let

AA'atc'r hy measure any meter, Avater-gauge, or instrument for measuring the ipuantity of Ai ater sujiplied, and any pipes and apparatus for the conA^eyance, reception, or storage of the vrater, for such remuneration and upon such terms as may be agreed upon hy the Company; and such agreement shall and may he enforced in any Court of laAV or equity.

16.   Such meters, water-gauges, instruments,pipes, and apparatus Metm-s of Comimny

shall not he subject to distress for rent of the premises ŷP(>po

ci'stianmbie.

the same arc used, or liable to he attached or taken in execution under any process of any Court of laAV or equity, or under or in pursuance of any sequestration or order in bankruptcy, or other legal proceedings against or alfccting the person using such AAnter, or the occupier of the premises, or other the person in Avhose possession the meters, Avater-gauges, pipes, instruments, and apparatus may he.

17. EAXiry person Avho shall have agreed AAuth the Company Meiev to bo supplied

for a supply of A\ntcr hy measure, shall at his OAvn expense, unless he hire a meter or Avater-gauge from the Company provide a meter or Avater-gauge, and keep and maintain the same in good Avorking order to the satisfaction of such officer as may he appointed by the Company; and in the event of any repairs being required, notice in Avriting shall he immediately given hy such person to the Company, and registration of the quantity used shall he taken before such repairs arc affected.

18. The price to he cliargcd hy the Company for AAnter sold to jraximum price of

any person for domestic use shall in no case exceed one shilling per

one tliousand gallons.

19. The Company or their officers or servants may enter in rower to officers and

horses or carriages, may enter in and upon any lands to, through,

or into Avhich Avater is supplied or carried hy the Company to inspect

the meters, water-gauges, canals, dams, Aveirs, flood-gates, cufoerts,

aqueducts, sluices, flumes, pipes, AAater-courses, embankments, or

other AVorks, and the instruments, pipes, and apparatus for the

measuring, conveyance, reception, storage, or distribution of Avater,

or for the purpose of ascertaining the quantity of Avater supplied

or consumed, or to examine if there lie any waste or misuse of

and upon any lands, houses, or buildings, and Avith or Avithout tr[n3p*o('fnlet™r'̂ lands for the purpose of removing or altering any meter, Avater-gaugo, instrument, jiipe, or apparatus, upon or affecting the property of the Company. And if any person hinders any such officer or seiwant of the Company from entering or making such inspection or alteration or effecting such removal, he shall for each such offence he liable to a penalty not exceeding fiAn pounds, hut except Avith the consent of a Justice a power of entry shall he exorcised only hetAveen the hours of six in the forenoon and six in the afternoon.

20. Subject to the provisions of this Act the Company may. Company may mabe

from time to time, make, amend, and repeal regulations for or relating

to all or any of the folloAving subjects ;—

(i)   The supply and sale and distribution of Avatcr to any person AA’ithin or Avithout the irrigation area.

' (II)

56° VIC. 1893.

Segenhoe Estate Irrigation.

(ii)   The rate and price at which water shall he sold, and the time of payment for the same, and the order in which applicants may he served.

(in ) The management and maintenance of the irrigation works, and the appointment of persons to supervise and control all or any matters referred to in this section.

(iv)  The prevention and remedying of waste, undue consumption, theft, fouling or contamination of the water contained in or supplied from any part of the Company’s works.

(v)   The protection of the water and every part of the works from trespass or injury.

(vi)  The imposing of penalties for any breach of any regulation hy this Act authorized to he made hy the Company, not exceeding the sum of fifty pounds and the enforcement of the same.

(vii) Generally for duly administering and carrying out tin; powers, given to the Company.

And such regulations shall, upon being approved hy the Governor and jmhlished in the Government Gazette, be valid in law.

PROTEOTTOK OF THE

Water.

21. If any person supplied with water hy the Company wrong­

fully does, or causes or permits to he done, anything in contravention

W ater may be cut

off ill case of any	of any of the provisions of this Act or of the regulations of the
breacli of this part	Company, or Avrongfully fails to do anything which under any part of
of tins Act.	these provisions ought to be done for the prevention of the waste, misuse, undue consumption, or contamination of the water of the Company, he shall he liable for any such offence to a penalty not exceeding five pounds in addition to the value of the water misused, and the Company may (without prejudice to any remedy against him in respect thereof) cut off any of the pipes, canals, sewers, drains, or flumes by or through which water is supplied to him or for his use, and may cease to supply such person with water so long as the cause of injury remains or is not remedied.
Penalty for mis­
application of water.	22. If any person having from the Company a supply of water for any purpose, uses such water for any purpose other than that for which he is entitled to use the same, he shall for every such offence be liable to a penalty not exceeding five pounds without piaijudice to the right of the Company to recover from him the value of the water so misused.
Penalty for batliing

in water of the 23. I f any person bathe in any stream, drain, reservoir,

Company. aqueduct, dam, or other water-works belonging to the Company, or wash, throw, or cause to enter therein any animal, he shall for every such offence forfeit a sum not exceeding five pounds.

Penalty for throwing 24. I f any person throw, convey, or cause or permit to he

dirt therein.	thrown or conveyed, any rubbish, dirt, filth, or other noisome thing into any such river, stream, drain, reservoir, aqueduct, or other water­ works as aforesaid, or wash or cleanse therein any cloth, wool, leather, or skin of any animal, or any clothes or other thing, he shall for each such offence forfeit a sum not exceeding five pounds.
Penalty for letting

foul wafer flow 25. If any person cause or permit the water of any sink, sewer,

thereinto.

or drain, steam engine, boiler, or the Avater from any gas Avorks, or other filthy AÂ ater belonging to him or under his control to run or he brought into any such rAer, stream, drain, reservoir, aqueduct, or other water-Avorks (belonging to the Com])any), or shall do any otlun' act Avherehy the Avatcr of the Company shall he fouled, he shall for each such offence forfeit a sum not exceeding tAventy pounds, and a further sum of twenty shillings for each day that such offence continues.

Pennltv for estab­

lishing anv ‘onnec- 26. Any person who sliall, Avithout the authority of the

tion, unless	Company, establish or re-establish, or permit to he established or
authorized, or
wilfullv d’tmaging	re-established any connection Avhich has not been authorized, or Avhieh
any pipe, &e.	may have been cut off, removed, or severed bv the Compan\', or Avho

' ■ shall

1893. 56° VIC. 69

Segenhoe hState Irrigation.

sli;ill in any manner Avilfully injure or tamper with any counectioji- pipe, ]vieter, Avater-gauge, sluice, canal, flume, ball-cock, stop-cock, or Avastc-pipc Avliieli may liaA’c been ap})roA-cd by the Company, so as to destroy, or diminish, or endanger its ethciency, may be summoned for such offence before tAvo Justices, and, on conviction thereof, shall be; adjudged to pay to the Company the amount of the charges and expenses which the Company jnay ha c incurred (and Avhicli they are hereby authorized to incur) in repairing or restoring the same to a state of eflicieney. Any such offender shall also forfeit and pay a penalty not (exceeding ten porinds.

27. The charges for AA'ater and all sums due to the Company cUiUKes and mte-s

shall be paid by and be recoverable from the person requiring, receiving, or using the Avater. When the water is supplied by measure, all charges of tlu' same for Avater shall be paid at such time and in such manner as shall be provided for by the regulations of the Company.

28. If any person refuse or neglect to pay on demand to the Refusal to pay

Company any charge, or SAim due by such person under this Act, the ComjAany may rccoA cr the same Avith costs in any Court of competent jurisdiction.

29.    If any person fix or rclix any sluice, stop, outlet, Avatcr-meter, rrnaiiv for filing

water-gauge, or other instrument on any pipe or canal, sluice or aqueduct,

uieter.

the property of the Company, Avitliout having first obtained authority

from the Comjiany, he shall forfeit a sum not exceeding ten pounds.

JO. If any person remoA’e or alter the position of, or in any ]’enaity for removing

Avay interfere Avith, any sluice, sto]> outlet, meter, Avatcr-gaugc,

other instrument, Avitliout having first obtained autliority als aforesaid,

he shall, for each such offence, forfeit a sum not exceeding tAventy

])ounds : ProAuded ahvays that the Company shall have an office

Avithin the Police District of Scone.

31. EAxny j)erson requiring to I’cmo vc or alter the position of Woiioe of removal,

or to open any sluice, stop-outlet, meter, or Avater-gauge shall leave six days notice in Avriting to tliat effect at the registered office of the Company. And if any person delay or refuse to have any sluice, stop-outlet, meter, or AA ater-gaugc properly repaired and put in correct Avorking order after haA’ing been required by an officer of the Company to do so, the Company may shut off the supply of Avater from the land oi' premises of such person, either by cutting the service- pipe or othenvise, until such meter, sluice, stop-outlet, or Avater-gauge sliall have been properly repaired and certified by some officer of the Company as being in proper Avorking order.

32. Every person Avho shall Avilfully obstruct any person acting Penalty for obunict-

iinder the authority of the Company in setting out the line of any'"f! remove any poles or stakes driven into the ground for the purpose of setting out the line of such Avorks, or destroy or injure any Avorks so undertaken as aforesaid, shall incur a penalty not exceeding fifteen pounds for CA'cry such offence.

33.    If any person unlaAvfully and maliciously destroy or damage, Penalty for

or attempt to destroy or damage, any reservoir, dam, tank, tunnel,	works.
Avater-course, main, distributing pipe, aqueduct, bridge, roadAvay, embankment, pump, or other part whatever of the machinery or Avorks of the Company, such person shall be guilty of felony, and shall be liable to be imprisoned for any term not exceeding ten years.

34. If any person omit to shut and fasten any gate set up for Ponaiiy on persons

the accommodation of the OAvners or occupiers of the adjoining lands as soon as he and the carriages, 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.

PAIIT

56° VIC. 1893.

Segenhoe Estate Irrigation.

PAET II.

The acquisition and occupation hy the Company o f lands—ascertain­

ment o f compensation in respect thereof.

Lands required how 35. After tlie approval by tlie Governor of the acquisition of

acquired. lands otherwise than hy agreement, and payment of compensation made and provided hy this Act, hut not before, tlic Company sliall he empowered to acquire or occupy such lands in manner herein­ after provided, and in the case of Crown Lands sucli acquisition or occupation shall he made under and subject to the provisions of tiic “ Crown Lands Act of 1884” and the Amending Act of 1889.

How and wlten lands 36. It sliall lie lawful for the Company, hy notification to

can be taken.

lie published in the Gazette, and in two newspapers pulilisiicd or circulating in tlie Police District of Scone, to declare tliat tlie land described in such notification is required for tlie purpose therein expi’ossed, hut the purpose so to Ijc expressed shall he limited to tlio acquisition of lands for erecting, making, laying, or constructing works, canals, aqueducts, flumes, water-courses, or otlicr works for carrying out the objects of tliis Act.

Vesting ol‘ lands.

37. Upon tlie publication of the notification in tlic Gazette declaring tliat the lauds therein described are so required, such lands shall, upon comjiliance Avitli the requirements and provisions lierein- after contained, l)c vested in tlie Company for the purposes of this Act, for an estate of inheritance in fee-simple in possession, freed and discliargcd •from all trusts, obligations, estates, interests, contracts, charges, rates, rights-of-way, or other easements wliatsoever, and to file intent that tlie legal estate tlierein, togctlier with all powers incident thereto or confirmed 1)y tliis Act, sliall, subject to the pro­ visions thereof, he vested in the Company.

Lffect of publication 38. 'Where the land required is Crown Land at the date of sucli

upon Crown Lands. pui)lication, or is vested in any corporation or person on behalf of Her Majesty, or for pulfiic purposes, hy virtue of any statute, or is witliin the limits, with reference to centres of population, prescribed liy the Act next hereinafter cited, tlie effect of such publication sliall be to withdraw the said land (to tlie extent required) from any lease or license or promise thereof, and to cancel to the like extent any dedication or reservation of tlie said land made under tlie authority of the “ Crown Lands Act of 1861,” or any Act or Acts amending the same, and to divest the estate of such corporation or person, and to vest the said land, to tlie extent aforesaid, in the Company, for tlio purposes mentioned, and for the estate limited in tlic last preceding section : Provided, however, tliat nothing in this section (•ontained sliall have any cifect or operation unless the approval of the Governor shall first have been obtained with respect to the land so required.

Compensation for 39. lAhere the laud described in any such notification consists

private lands.	wholly or partly of land alienated by, or not the property of, the Crown, or is not Crown land, as defined hy this Act, the owners thereof shall he entitled to receive such sum of money, hy way of compensation, for the land so described, as shall he agreed upon, or otherwise ascer­ tained, under the provisions liereiuafter contained.
Conversion of estate

of proprietor of 40. The estate and interest of every person entitled to lands

resumed land into a

required under this Act, or any jiortion thereof, and whether to the

claim.

legal or (equitable estate therein, shall, npon due payment of the amount of compensation tendered hy the Company, or assessed hy the jury as hereinafter jirovided, he deemed to have been as fully and effectually conveyed to the Company as if the same had been conveyed hy the persons legally or equitably entitled thereto hy means of f lie most perfect assurances in the law. And every person shall, upon

asserting

1893. 56̂ VIC. 71

Segenhoe Estate Irrigation.

asserting liis claim as hereinafter provided, and making out his title in respect of any portion of the said resumed lands, l>e entitled to comj)ensation on account of sucdi resumption in mo-nner hcreinal'tor Jirovided.

41. Every person claiming compensation in ii'specd of any land Notiic of ciium for

so rc'quircd, or in respect of any work or other matter done under tlû compeiisation.

authority of this Act, shall, Avithin ninety days from the publication of

such notification, or at any time aftenvards Avithin such extended time'

as a Judge of the Supreme Court sliall, upon the application and at the

cost of the claimant ajipoint in that behalf, serA’c a notice in Avriting

upon the Company, Avhich notice shall set forth the nature of the

estate or interest of the claimant in such land, together Avith an

abstract of his title, and if ho claims in respect of damage, the nature

of the damage Aidiich he has sustained or Avill sustain hy reason of the

taking of his land, or of such Avork or matti'r as aforesaid, and smdi

notice may he in the form of the Second Schedule hereto, hut AA ith any

moditications required hy the nature of the claim.

4 2 . Within sixty days after the receipt of eAX'ry such notice of cla im an.i lojioit

claim, the Company shall cause a Amluation of the land or of tlie estate or interest of the claimant tlieri'in to be made in accoi-dance Avith the provisions of this Act, and shall inform the claimant as soon as jirac- ticahle of the amount of such valuation by notice in the form of the Third Schedule hereto.

4!1. I f Avithin ninety days after the service of notice of claim Compensaiion by

the claimant and the Comjiany shall not agree as to the amount of 0 o\‘,rtV" four persons : Providi'd ahvays that upon proper application, either of the Company or of the claimant, a special jury of tAA-elve may he summoned for the trial of such action : Provided also that Avith the consent in Avriting of th(> Company and the claimant, any such action may he so tried at any time (to be mentioned in such consent) before the ('xpiration of ninety days from service of the notice of claim for compensation, hut not Avithin fourteen days from service of the notici' of AA'iluation on such claimant.

com]iensation, the claimant shall be at liberty to institute proceedings

in tlie Supreme Court in the form of an action for compensation

against the Company; and any such action may he tried before a

44. The issue to he tried in any such action shall he AA'hethcr issue in action of

the (‘laimant is entitled to a larger sum hy Avay of compensation than the amount of the A'aluation so made hy the Company and notilied to ilic claimant as aforesaid; and if so, to Avhat sum. And if upon the trial of the said action the Acrdict shall he for a greater sum than the amount of the said A'aluation the costs of the action shall he borne by the Company, hut if the verdict shall he for a sum equal to or less than such A'aluation then the costs shall he borne hy the claimant.

45. All moneys payable under this Act hy uaiy of compensation Paym em of com-

to any claimant, Avhether under the verdict of a jury or otherA\dse, shall h(! ]>aid together Avith costs (if any) and interest at the rate of six ])()unds })er centum per annum, reckoned from the date of thenotilica- tion aforesaid Avithin one month after the determination of such com- 2)cnsation to the person laAvfully entitled thereto, or to his agent duly authoriz('d in that behalf in Avriting, hut the claimant shall lie honnd to mak(' out his title to the estate or interest claimed by him in all cases Avhere the claim is in respect of the deprivation of some estate or interest in land.

46. In estimating or assessing the compensation to he paid Compensiition bow

undc'r this A(4 regard shall bo had by the valuators and hy the jn ,y (on any issue), not only to the A'alm; of the land taken by the Company, hilt also to till' damage (if any) to hi' sustaim'd hy the claimant hy

reason

72 56̂ VIC. 1898.

Segenhoe Estate Irrigation.

reason of the severing of the lands taken from other lands, or other injuries suffered by him hy reason of the exercise of the powers expressed or incorporated in this Act, and they shall assess the same according to what they shall find to have been the value of sucli lands, estate, or interest at the time of the resumption thereof, or the extent of tlie damage or injury sustained.

General power of 47. Subject to the provisions of this iVet it shall he lawful for

entrj.	the Company, and for any officer then duly authorized in that behalf, and for all persons employed in the carrying out of any authorized works, and for any person authorized hy the Company to enter upon the lands of any jierson whomsoever, Avhich the Company may require to purchase or take, and to take possession and appropriate the same for the purposes of this Act, or of the execution of any such authorized Avorks.
Power to pureliase
lands b j agreement.	IS. hiotAvithstanding anything hereinbefore contained it shall he laAAdul for the Company, if they think fit, to agree Avith the owners of any lands, the acquisition of Avhich is authorized hy this Act, and Avith all parties haA’ing any estate or interest in such lands, or hy this Act enabled to sell and convey the same for the absolute purchase for a consideration in money of any such lands or such parts thereof as shall he thought proper, and of all ('states and interests in such lands of Avhat kind soe\'er.

Parties under dis- 49. It shall he laAA’fid for all parties being s<'ized, possessed ol',

Ol’ entitled to any such lands, or any estate or interest therein, to sell and

ejerciseot'iierpowers. couA’(iy 01’ I’clcase the samc to the Company, and to enter into all neces­

sary agreements for that purpose, and particularly it shall he laAvful for

all or any of the folloAving jiarties so seized, possessed, or entitled as

aforesaid so to sell, convey, or release, that is to say, all corporations,

tenants in tail or for life, married Avomcn seized in their oAvn right or

entitled to dower, guardians, committees of lunatics, and idiots, trustees

or feoffees in trust for charitable or other purposes, executors and

administrators, and all parties for tin; time being entitled to the receiyit

of the rents and profits of any such lands in possession or subject to

any estate in dower, or to any lease for life or for H a’c s and years or for

years, or any less interest; and the poAver so to sell and com’cy orreh'ase

as aforesaid may laAvfully he ex('rcis('d hy all such parties other than

married Avonien ('ntitlcd to doAver or lessees for life or lives and years

or for years, or for any less interest, not only on behalf of themselves

and their respective heirs, executors, administrators, and successors,

hut also for and on behalf of every person entitled in reversion,

_ remainder, or expectancy after them, or in defeasance of the (^states of such parties, and as to such married Avomen, Avhether they he of full ago or not as if they were sole and of full age, and as to such guardians on behalf of their Awards, and as to such committees on behalf of the lunatics and idiots of AA’hom they are the committees respcctiA’cly, and that to the same extent as such Avives, Avards, lunatics, and idiots respc'ctively could have exercised the same power under the authority of this Act if they had respectively been under no disability; and as to such trustees, executors, or administrators on behalf of tlieir cestui que trusts, Avhether infants, issue unborn, I n n a t i c s , c s covertes, or other persons, and that to the same extent as such cestui que trusts respectively could have exercised the same poAvers under the authority of this Act if they had resyAectively been under no disability ; and the poAver hereinafter given to release lands from any rent-charge or incumbrance, and to agree for the apjrortionment of any such rent- charge or incumbrance shall extend to, and may be laAvfully exercised by every party hereinbefore enabled to sell, and conAmy, or release lands to the Company.

1893.   56'̂ VIC.

Segenhoe Estate Irrigation.

50. The several sections of the “ Government Railways Act,” incoi-iioraiion o£ twenty-second Victoria number nineteen, hereinafter specifled, together

Eaii-

and other tlic provisions therein contained, are lierehy declared, not-

Avithstanding the repeal of the said Act, to be incorporated Avith, and

embodied in, this Act, to Ihe intent that the samc may be a])plied as

fully and eHectually to the lands taken under the authority of this Act

as if the said sections had been specifically enacted herein. And that

AvhcresoeAuir in any section so incorporated the Avord “ Commissioner” ‘

occurs, there shall, for the purposes of this Act, be substituted in lieu

of such word the expression “ the Company.” And AvheneA'er the

Avdth the r('s])ective powers, authorities, duties, liabilities, ol)ligations, ways Act, occur, there shall be substituted such Avords respeetb/ely as denote the nature of the AA ork, undertaking, or purpose in respect of Avhich the land in (piestion has been appropriated or resumed. The folloAi ing are the sections so declared to bo ineorjiorated Avith this A c t:—

(i)   As to the deposit of compensation money in certain cases Avith the Master in Equity and the application and invest­ ment thereof. As to ]iayment of such money in certain cases to trustees or to the })artics themselves, and the exoneration of the Company in respect thereof after payment. Sc'ctions forty-seven to fifty-tAVo, both inclusive.

(ii)   As to the deposit and application of compensation money on rel'iisal of the OAvner to accept tlu' same or on his failing to make out a satisfaetorv title, and as to presinnjitiou of

OAvnership. Sections fifty-three to fifty-six, both inclusive.

(ill) As to the ]>rocedure by the Company in ease the OAvner or occupier of any lands resumed under this Act shall refuse to giAC up possession thereof or hinder the Coinpany from entering npon or taking possession of the same. Section sixty-one.

(i\") As to the jiurchase or redemption of the interests of mortgagees, and the dejiosit of ])rineipal and interest due on mortgages Aidth the Master in Ecpiity, the procedure to be ohserAud Avhen the mortgaged lands arc of less value than the mortgage debt, and Avhen part only of lands in mortgage

arc taken. Sections sixty-fiA'c to scAxady, both inclusive.

(v)   As to the release of lands from rent-charges and other

incumbrances, and procedure thereon. Sections seventy-one

to seventy-four, botli inclusive.

( au) As to the apportionment of rent Avhere lands taken arc

under lease, and as to compensation to tenants. Sections

sevcntj^-fiA"c to scA'cnty-eight, both inclusiA'c.

(aui) A s to the entry upon or temporary occupation of lands, the crossing of roads and other highways, the making of bridges and other Avorks of aeeommodation, and the provisions con- sc([uent thereon. Section ten and sections eighty-four to ninety-seven, both inclusive: ProAuded that compensation shall in all respects be ascertained in accoi’danec Avith this Act.

51. It shall be laAvful for the Company, and all persons by Power to lake

them authorized, to enter upon anv lands, not being a garden, orchard, temporary t ' CJ C? ' ■ ' nnc<<̂«jairAH r»r Iniui

w j j . J J T I 1 1 * J *1 T T J T pU-'® la A./X AlLXIVA.

or plantation attached or belonging to a house, nor a yiark, planted Avalk, avenue, or ground ornainentally planted, and not being nearer to a dAvelling-house of the owner of any such lands than one hundred yards therefrom, and to occupy the said lands so long as may be necessary for the construction or repair of any Avorks authorized by

this

VIC. 1893.

Segenhoe Estate Irrigation.

this Act, of the accommodation works connected therewith hereinafter mentioned, and to use the same for any of the following purposes, that is to say—

For the purpose of taking earth or soil hy side cuttings therefrom;

Por the purpose of depositing soil thereon;

Por the purpose of obtaining materials therefrom for the con­

struction or repair of the water-works, or such accommodation

works as aforesaid; or

Por the purpose of forming roads thereon to or from or by the

side of the said works.

And in exercise of such powers it shall he lawful for the Company and all other persons employed therein to deposit and also to manufacture, and all other persons employed thereinto deposit and also to manufacture and work upon such land materials of every kind used in constructing the said works, and also to take from any such lands any timber, and also to dig and take from or out thereof any clay, stone, gravel, sand, or other things that may he found therein useful or proper for con­ structing the said works, or any such roads as aforesaid, and for the purposes aforesaid to erect thereon workshops, sheds, and other build­ ings of a temporary nature: Provided always that nothing in this Act contained shall exempt the Company from an action for nuisance or other injury (if any) done in the exercise of the j)Owers lierehy conferred to the lands or habitations of any party other than the party whose lands shall he so taken or used for any of the purposes aforesaid ; Provided also that no stone or slate quarry, brick-field, or other like place which, at the time of the passing of this Act, shall be commonly Avorked or used for getting materials therefrom for the purpose of selling or disposing of the same, shall be taken or used by the Company either Avholly or in part for any of the purposes lastly hereinbefore mentioned, and tliat tlie Company shall pay to the owner of the land a fair price for any timber, clay, stone, gra el, sand, or other things taken therefrom.

Company t o

separate the lands 52. I f any such lands shall be used for any of tbe purposes

before using them.

aforesaid, the Company shall, if required so to do by the owner or occupier thereof, separate the same by a sufficient fence from the lands adjoining thereto Avith such gates as may be necessary for the con­ venient occupation of such lands, and in case of any difference betAveen the owners or occupiers of such lands and the Company as to the necessity for such fences and gates, then Avith such fences and gates as the Governor shall deem necessary for the purposes aforesaid.

Compensation to

be made for 53. In any of the cases aforesaid Avhere the Company shall

temporary occu­	take temporary possession of lands by virtue of tbe poAvers herein
pation.	granted, it shall be incumbent on them Avithin 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 Avell as full compensation for any other damage of a temporary nature Avhich he may sustain by reason of the Company so taking possession of his lands.
Before roads

interfered with 54. If in the exercise of the poAvers hereby granted it be found

others to be sub­

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

stituted.

Avhetber carriage-road, horse-road, or tram-road, or railway, either public or pri ate, so as to render it impassable for, or dangerous, or more; tlinn usually incouAxnient to passengers, or carriages, or to the persons entitled to the use thereof, the Company shall, before tbe commence­ ment of any such operations, cause a sufficient road to be made instead of tbe road to be interfered Avith, and shall, at their OAvn expense, maintain sucli substituted road in a state as convenient for passengers and carriages as the road so interfered Avith, or as nearly so as may hi'.

' 55.

1893. 5(r VIC. 75

Segenhoe 'Estate Irrigation.

55.                 I f tlic road so interfered witli can he restored compatibly Pi-vioa lor ivsiova-

■with the dne completion of any works authorized under this Act, the same shall he restor'd to as good a condition as it was in at tlie time ■when the same -was first interfered with hy the Company, or as near thereto as may he, and if such road cannot he so rc'stored, tlu' Com­ pany shall cause the new or snhstituted road, or some otlicr suincient substituted road, to he put into a permanently substantial condition equally convenient as the former road, or as near thereto as circum­ stances Avill alloAv, and tlii' former road shall he restored, or the substituted road put into such condition as aforesaid, as the ca'se may he, Avith all reasonable exjiedition.

5(). I f any pipe, canal, or duct shall cross any lii l̂nA ay, otluu- Compniiy to make

than a public carria»’c-Avay, on the level, the Company shall make and

at all times maintain coiiA'cnient ascents and descents, and other con- wavs and footways

venient approaches Avith hand-rails or other fences, and shall, if such '■''o"smg on tiie ime.

hiyliAvay he a hridle-way, erect and at all times maintain "ood and

sulhcient gates or stiles on each side of Avorks avIumai the higliAvtiy

communicatt't heroAvith.

57. The Company shall make and at all times thereafter main- Works fm-the benent

tain the folloAving AAmrks for the accommodation of the OAvners and occupiers of lands adjoining any Avorks authorized under this Act, that is to say—•

Such and so many couA'cnient gates, bridges, arches, cuh^erts, and Ontes, bridgo?, &c.

])assages oA'cr, under, or hy tlu' side of, or leading to or from such AA orks as sha.ll he necessary for the purpose of nraking good any interruptions caused thereby to the use of the lands through AA'hich tlu' same shall he made, and sueh AAorks shall h(> made fortliAAith after the ])art of the pip(‘, canal, or duct passing over such lands shall have been laid (Ioaaii or fornu'd or during the formation thereof.

Also sutricicnt posts, rails, hedges, ditches, mounds, or other fences Fences, &e.

for separating tlu; land, taken for the use of sueh Avorks from the adjoining lands not taken, and protecting such lands from tresjAass, or the cattle of the oAviu'rs or occupiers thei'cof from straying tJiorcout hy reason thereof, togetlu'r Avith all neces­ sary gates made to open toAvai'ds such adjoining lands and not toAvards the said A\orks, and all necessary stiles, and siudi posts, rails, and other lences shall he; made fortliAvith after the taking of any such lands, if the OAvners thereof shall so require, and the said Avorks as soon as (;ouA eni('utly may he.

Also all necessary a]'(;lu's, tunnels, culverts, drains, or other passage's. Drains,

either over or uiAder, or hy the sides of such Avorks, and of such dimensions as aaIII he suflicient at all times to convey the natural Avateer finin tlu; lands lying near or alfected therehy.

Provided ahvays, that tlu; Comjiany shall not he reepiired to make such accommodation Avorks in such a manner as Avould prcA'Cut or obstruct the using of any Avorks authorized hy this Act, nor to make; any accommodation on works Avith resju'ct to Avhich the owiu;rs and occupiers of the lands shall luiAW' agreed to receive and shall have been paid eompensation.

58. If any dilference aris(' respcciing the kind or number of any Difibrcnccs as to

such accomiAiodation Avorks, or the dimensions or sullicicjicy thert'of,

respecting the maintaining thereof, the same shall he determined hy by Governor,

the GoA’ernor, Avho shall also appoint the time Avithin which such

Avorks shall he commenced and exi'cuted.

51). If any of the OAvners or occiqtiers of lands alft'cted hy sueh rown io owner..; of

pipe, caiud, or duct shall considt'r the attcommodatiou Avorks made hy latijiionai' acc jiccommo-

the Coinpany, or directed hy the (lOAU'rnor to he made hy the Comptiny, datton works,

insufficient for the commodious ust; of their respecth e lands, it shall lx;

lawful

76 56" VIC. 1893.

Segenhoe Estate Irrigation.

laAvful for any such owner or occupier, at any time at his own expense, to make sucli further Avorks for that purpose as he shall think necessary, and as shall he agreed to hy the Company.

Such works to be	60. If the Company so desire, all such last-mentioned accom­
constructed under

the superintendence	modation works shall he constructed under the superintendence of the
of the Company’s	Company’s engineer, and according to plans and specifications to he
engineer.	submitted to and approved by the Company. But the Company shall not lie entitled to require either that plans shall be adopted, Avhich Avill inAmlve a greater expense than that incurred in the execution of similar Avorks by the Company, or that the plans selected should he executed in a more expensive manner than that adopted in similar cases by the Company.

PAET III.

Miscellaneous Eroceedings—Legal Erocedure.

Method of proceed­

ing before Justices in 61. When hy this Act any question of compensation, expenses,

question of damages,	charges, or damages, or other matter is required to be referred to the
&c.	determination of any Justices, it shall be lavAdul for any Justice, ujjon the application of either party, to summon the other party to appear before two Justices at a time and place to he named in such summons, and upon the appearance of such ])arties, or iu the absence of any of them upon proof of due service of the summons, it shall he laAvful for such tAvo Justices to hear and determine such question, and for that purpose to examine such parties or any of them and their Avitnesses on oath, and the costs of oA'ery such inquiry shall he in the discretion of such Justices, and they shall determine the amount thereof.
Penalties, &c., to be

summarily recovered 62. Every penalty, forfeiture, chai'ge, or sum of money imposed

before two Justices.	hy or made payable under this Act, the recoA êry of Avhich is not other- Avise provided for, may he recovered hy summary proceedings before
tAvo Justices, under the p>rovisions of the Act or Acts in force for the
time being, regulating summary proceedings before Justices. And Avhere any such penalty, charge, or sum he not paid, either immediately after coiiAiction or adjudication, or Avithin the time appointed tlierehy, the same may he enforced by distress and sale of the offender’s or defaulter’s goods and ehattels, in the manner provided hy the said Acts.
Moiel.y of penalties

to be paid to 63. One-half of any penalty recovered under this Act shall he

informers —Distress	paid to the informer ; and Avhere any distress is made for any sum of
not unlawful for
want of form.	money to he leAued under this Act, the distress itself shall not he unlaAvful, nor the persons making the same he deemed trespassers, on account of any defect or A\"ant of form in the information, summons, conviction, Avarrant (jf distress, or other proceedings relating thereto, nor shall the persons distraining be deemed trespassers on account of any irregularity that shall he aftenAmixls done by the persons distraining, but the persons aggrieved hy such irregularities may recover satisfaction for the special damage in an action on the case.
Penalty for default

not otherwise pro­ 64. If it shall be proved to the satisfaction of any tAvo Justices

vided for.	in Petty Sessions assembled, that the Company or any of their officers have been guilty of any defaiAlt under this Act not otherwise provided for, they shall he liable for eaeh and every such default to a penalty not exceeding five pounds, to he recoA'ered in a summary Avay.
A ppeal to Quarter

Sessions on giving 65. If any party shall feel aggricA^ed by any determination or

security. adjudication of any Justices Avith respect to any j^enalty or forfeiture under the pi’OAUsions of this Act, such party may appeal to the nearest Quarter Sessions; hut no such appeal shall he entertained

unless

1893.   50" VIC.

Segenhoe Estaie Irrigation.

unless it be made within foiiv months next after the makinj^ of such determination or adjudication, nor unless ten days’ notice in writins ̂ of sucli appeal, statin!^ the nature and grounds thereof, bo given to the party against whom the appeal shall he brought; nor unless the appellant forthwith after such notice enter into recognizances with two sulTicient sureties before a Justice, conditioned duly to prosecute

such appeal, and to abide tlic order of the Court thereon. At the Comi to make such

Quarter Sessions, for ndiicli such notice sliall he given, the Court shall ])roceed to determine the a])])eal in a summary way, or they may, if they think lit, adjourn it to the following Sessions, and upon the hearing of such appeal, the Court may, if they think lit, mitigate any penally or forfeiture, or they may confirm or quash the adjudication, and order any money paid hy the appellant, or levied hy distress npon his goods, to he returned to him, and also may order such further satisfaction to he made to the party injured, as they may judge reason­ able ; and they may make such order concerning the costs, both of the adjudication and of the appeal, as they may think reasonable.

00. If through any act, default, or neglect, on account whereof any person shall have incurred any penalty imposed hy this Act, any to be made

damage to any conduit, main, pipe, sewer, or other yiroperty of the

'

Company, used in connection tlu'rewith, shall have been committed hy such person, he shall he liable to make good such damages as Avell as to pay such penalty, and the amount of such damages shall, in case of dis])utc, he determined hy the Justices before whom the party incurring such jtenalty shall have been convicted, and on non-payment of such damages on demand, the same shall he IcAued hy distress, and such Justices, or one of them, shall issue their n arrant accordingly.

()7. It shall he laAiJul for any officer or serA'ant of the Company, T r a n s i e n t o f f ,- i id e rs .

and all persons assisting him, to seize and detain any person aaJ io shall have committed any olfence against the provisions of this Act, and Avhose name and residence shall he unknown to such officer or servant, and convey him, Avith all coiiA^enient despatch, before some Justice Avithout any Avarrant or other autliority than this Act, to he dealt Avith according to laAA’.

08. In the CA cnt of the Avrongful exercise of any poAvers giA'cn indictment for

hy this Act, nothing in this Act contained shall bo construed to prevent any person from indicting, or otherwise proceeding, either civilly or criminally ag,ainst the Company or their officers, for nuisance or othenvise in respect of the Avorks, or means used or employed by the Company in the exercise of the ]Arivileges hei’cby conferred on the Company, or to prevent the Company, or any person recovering any sum of money, or otherwise proceeding in any Court of competent jurisdiction; hut the Company or any person, to Avhom any penalty or sum of money may, hy the proAUsions of this Act, he awarded, may elect either to proceed in manner in this Act proA'ided, or to proceed for and recover damages or otherwise, in any Court of competent jurisdiction.

()!). Any notice required hy this Act, or hy any hy-laAV or regula- Notices,

tion made thereunder to he served on, or given to, any OAvner or occupier of any building, land, or premises, or on or to any person, may ho in writing, or partly in Avriting and partly printed, or may he Aidiolly printed. And it shall he sufficient for all purposes of this Aet, unless the said Act in any case prescribes a difFerent course to ho pursued, if any such notice is sent hy post to the owner by registered letter addressed to his last-knoAvn place of abode or business, or is served on the owner or occupier of such building, land, or premises, or left Avith some inmate ajiparently ahoA o the age of fourteen years lAing at the place of abode of such owner or occupier, or if there he no occupier, if sueh notice he posti'd on some conspicuous part of such building or land. And any notice required to he served or given in

resp('ct

78 56̂ VIC. 1893.

Segenhoe Estate Irrigation.

respect of any public street, road, or lane may be served on or sent by post as aforesaid to the Council Clerk of tlie Borough or Muni­ cipal District Avherein such street, road, or lane, or a portion tliereof affected by tbe notice is situated.

Rights, powers, &c.	70. It shall be lawful for tbe Company, at any time after tbe
under this Act may

be assigned, Ac., to	passing of this Act, to assign, transfer, convey, and release to any
incorporate	person, or to any Company duly incorporati^d for that purpose, all
Company.	the rights, powers, authorities, privileges, liabilities, and obligations conferred and iinposed npon it by this Act, together with all lands, tenements, hereditaments, estates, chattels, and effects of evci'y kind acquired by it under or in pursuance thereof, and purchased, occupied, or used iu connection witli the same, and upon and after the com­ pletion of such assignment, transfer, conveyance, and release the said person or Company, their officers, agents, and servants alone may lawfully exercise and enjoy all the rights, powers, authorities, and privileges, and shall he and continue alone to he subject to all the liabilities, obligations, penalties, and forfeitures to which the said Company, their officers, agents, or servants would have been (mtitled or subject had no such assignment, transfer, conveyance, and release been completed: Provided, however, that nothing herein contained shall prejudice or afi’ect any rights accrued, action or proceedings taken against, or liabilities, obligations, penalties, or forfeitures incurred hy the said Company before the completion of the said assignment, transfer, conveyance, and release, and for rvliich the said assignees shall he as fully liable as the Company would have been if no such assignment, transfer, conveyance, and release had been executed.
Power to extend tlie
])rovisions of the A:it.	71. Ujion the application of the Company the Governor may, hy proclamation, declare that the provisions of this Act shall he extended to lands other than those witliin the irrigation area, and thereupon such lands which shall in such proclamation he described shall he included within the provisions of this Act, the same as if such lands had been included in the provisions of this Act originall3^
Company shall

expend not less than 7d. The Company shall expend in actual rvork, to the satisfac­

£5,000 within

tion of the Minister, the sum of not less than five tliousand pounds

tw'elve months.

Avithin twelve months of the passing of this Act, otherwise all rights

and privileges granted under this Act shall he forfeited.

Payment by the

Comj)any for water.

73. The Company shall make payment to the Crown of such amount in each year in name of charges for Avater rights as the Governor may from time to time jirescrihe, liaAdng regard to the cost of the Company's irrigation Avorks and maintenance thereof, and in the event of any general legislation in reference to irrigation being here­ after enacted the amount of such charges shall he in accordance Avith the rates, if any, fixed in or appointed by any such general legislation, hut in the meantime shall not exceed one penny for every thousand cubic feet of Avater supiilied hy the Company to the Irrigation or Cultivation Area or elsoAvhere.

SCHEDULE I.

1893.   56° VIC.

ScoUisli Atistralian ^lining Company {Limited) llailway.

SCHEDULE I.

Notice o f Claim and Abstract.

'I'o Uie “ Land Company of Ausfralasia (Limited).”

I n pursuaneo of the “ Segcnlioe Estate Irrigation A et” T {or ve) lioreby give yon notice that I (or ice) claim compensaiion for land hereunder described which has been resumed under the said Act. The amount of such claim and other the particulars re(iuir('d bv the said Act are stated in the subjoined abstract.

Abstract.

Names of ]iersons

Names and I’artieu lars of

(^>uit ren ts ]iay- Names of oceii]iicrs, Dates and ha\in^ ' the custody

descriptions of -nn claim, spceifyinjjf

al)le if leasehold, distinyuishinj^ o ther short of doeume!its, and

parties claim ing, and separately the

nam e of land­ w hether tcnants-at- ])articulars place or jtlaccs where

natu re of th e ir , , ‘ am ount claimed

lord, te rm of will or under lease, of doeu- tlie same may Ite in-

iJilerests, wlicUier for value of

lease, and ren t ren t laservetl, inents of sitcetetl, ami nam e t)f

u n a i its f ln lifc, in o 'D vorerU . proiferty, and for.

re.served. term s, &e. title. claim aiil's

tail, or otiierwisc. eom pensation. solicitttr or aeeiit.

(Signature)

(Address)

(Date)

SCHEDULE II .

Notice o f Valuation.

To A.15., claimant in respect of the laud hereunder described, resumed under the

“ Segenhoe Estate Irrigation Act.”

T.vke notice that the land hereunder described, being that in rcs])cct of the rcsum])tion wliereof under the authority of the aforesaid Act y'our claim for conpjensatiou has been lodged, has been valued at the sum of L

C.D.,

(for the Company.)

Description o f land in respect o f icliicli claim has been made.

A lt, that ])iece or jTarcel of land, Ac., Ac., Ac.