Silkstone Coal-mine Railway Act Further Amending Act of 1894 (NSW)

An Act to further amend the " Silkstone Coal-

mine Railway Act of 1889."	[26th April, 1894. ]
WH E R E A S by the " Silkstone Coal-mine Railway Act of 1889," hereinafter designated the Principal Act, Richard Tilden Smith	and John Thomas Mance, both therein described, their heirs, executors,
administrators, or assigns were authorised, upon the condition and terms therein contained, to construct, subject to the liabilities therein imposed, a railway from the Silkstone Coal-mine, situated near Maitland, in the parish of Stanford, in the county of Northumberland, in the Colony of New South Wales, over and through certain portions of land of the Crown, bodies corporate, and private persons respectively, to the Great Northern Railway, for conveying coal nnd goods, and at their option passengers and live stock, provided that the said railway should be constructed and brought into use Avithin three years from the passing of the said Principal Act : And whereas the whole of the respective authorities, powers, rights, and interests, and all and singular the lands and hereditaments conferred on and vested in the said Richard Tilden Smith and John Thomas Mance, their heirs, executors, administrators, and assigns, in and by the said Acts, have been vested in the " Clyde Coal, Land, and Investment Company (Limited)," hereinafter designated " t h e said Company": And whereas by the " Silkstone Coal-mine Railway Act Amending Act of 1891" the period of time limited by the Principal Act for the construction of the said railway and for bringing the same into use was extended by the term of two years beyond the time limited by the said Act, namely, until

u n t i l t he th i r t i e th day of September , one thousand e ight h u n d r e d a n d ninety-four , and i t was by t h e said A c t provided t h a t in t h e event of a por t ion of t h e said rai lway, not less t h a n two miles in l eng th , be ing

const ructed and b rough t into use wi th in t he period n a m e d in t he said

Pr inc ipa l A c t and in t he said A m e n d i n g Act , so m u c h of the lands the reby vested in the promoters of t h e said Ac t s as should have t h e ra i lway ac tua l ly cons t ruc ted thereon, inc luding Crown lands , should not rever t to t he Crown and original owners thereof bu t should remain vested in t h e said owners as provided by t h e said Pr inc ipa l A c t : A n d whereas- a port ion only of two miles forty chains of t he l ine authorised by the said Acts has been cons t ruc ted and b r o u g h t in to use : A n d whereas i t would be advantageous t h a t such rai lway should be fur ther ex tended in a south-wester ly direction for a distance of four miles and forty chains or thereabouts from its t e rmina l point authorised by the said Pr inc ipa l Act , and it is desirable to ex tend the t ime where in t he said ra i lway toge ther wi th t he extensions hereby author ised is to be con­ s t ruc ted and b rough t into use : Be it therefore enacted by the Queen ' s Mos t Exce l len t Majesty, by and w i t h t h e advice and consent of t h e Legis la t ive Counci l and Legis la t ive Assembly of New South Wales in P a r l i a m e n t assembled, and by the a u t h o r i t y of t h e same, as follows :—

1. It shall be lawful for t he said " Clyde Coal, Land , and I n v e s t m e n t Company (L imi t ed ) , " subject to , and in accordance wi th t h e provisions of t he " Si lkstone Coal-mine Ra i lway A c t of 1889" a n d t h e " Silkstone Coal-mine Rai lway A c t A m e n d i n g Act of 1 8 9 1 " to m a k e a n d cons t ruc t a ra i lway which shall be of t he same gauge as t he rai lway author ised by t h e said Pr inc ipa l Act , ex tending from the

t e rmina l point of t h e said ra i lway and ex tending in a south-wester ly

direct ion from such te rmina l point , and pass ing t h r o u g h Crown lands

to a poin t wi th in minera l permi t n u m b e r nine, par ish of Cessnock,

in addi t ion to and as an extension of the said rai lway.
2. The g round and soil of so m u c h of the site of the ra i lway as passes over Crown lands, together wi th such r igh ts of ingress , egress, and regress upon the adjacent land, as m a y be necessary for the m a k i n g and repair of such rai lway shall so far as is necessary for t he purpose of th is A c t a t such rent as shal l be fixed by the Local L a n d Board be vested by v i r tue of th i s Act , and wi thou t t he necessity of any conveyance or g ran t in t he said Company for the purpose of the ra i lway.

3 . The t ime l imited by the said Pr inc ipa l Ac t and ex tended by
the, said " Silkstone Coal-mine Ra i lway Ac t A m e n d i n g A c t of 1 8 9 1 "

for t h e cons t ruc t ing and br ing ing in to use of t he said railway, and the

t ime for the const ruct ion a n d hereby authorised shall be, and as regards t he por t ion of t he lino br ing ing in to use of t he extens ion

authorised by the said Acts which has not yet been constructed, t he

same is he reby extended un t i l t he th i r t i e th day of M a r c h , which will

be in the year one thousand e ight hundred and ninety-s ix .

4. The provisions of t he " Silkstone Coal-mine Rai lway A c t of

1S89" and t h e " Silkstone Coal-mine Ra i lway A c t A m e n d i n g A c t of

1 8 9 1 " shall apply to t he rai lways authorised by th is A c t to be m a d e and const ructed and to all sites for t h e same, and to all owners of t h e ground or soil of such sites, and all t he provisions of t he f irst-mentioned Acts shal l be b inding on the said Company and upon all other persons as if t h e said rai lway was authorised by such first-mentioned Acts ; and no th ing in this Ac t contained shall prejudice or affect any r igh ts acquired or th ings done unde r t he said Acts .

5. This Act may for all purposes be cited as the " Silkstone Coal-mine Ra i lway Ac t F u r t h e r A m e n d i n g Act of 1 8 9 1 , " and shall be deemed to be incorporated wi th and const rued as pa r t of t he said " Silkstone Coal-mine Ra i lway Act of 1889" and t h e " Silkstone

Coal-mine Rai lway Ac t A m e n d i n g Ac t of 1 8 9 1 . "

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