The Ashtonfields Coal-mines Railway Act of 1921 (NSW)
| The Ashtonflelds Coal-mines Railway Act. | 223 |
THE ASHTONFIELDS COAL
MINES HAILWAY ACT.
An Act to enable William LongAvortli and Thomas George V,
Ijongworth, of Sydney, in the State of Now South Wales, to construct a railway from coal lands at Buttai, in the parish of Maitland, county of Northumberland, to the Great Northern Bail way at Thornton, in the parish of Alnwick. [Assented to, 7th December, 1921.]
| \ ^ T I I E llEAS | William | Longwortli | and | Thomas Preunbie. |
| YV |
Longworth, both of Sydney, in the State of New South Wales, are owners of eoal mines upon the lands situated at Buttai, in the i)arishes of Alnwick, Maitland, and Stockrington, in the county of Northum berland, near Thornton, and in order to facilitate com munication between the said coal mines and the Great Northern Bail way tlu! said William Longworth and Thomas Longworth, hereinafter designated the pro moters, are desirous of constructing a railway from their said coal mines to the Great Northerri railway at or about the Thornton railway station; but as part of such railway and sidings are intended to he made upon and pass through land believed to be the propen-ty of the Crown, bodies corporate, and private persons respec tively, the same cannot be made without Legislative authority : And whereas the said coal mines are likely to prove beneficial to the State, and the public arc con cerned in promoting such increase in and facilities for the supply of coal for local consumption, steam naviga tion, and export, as would result from the construction
of
224 The Ashtonflelds Coal-mines Railway Act.
George V. of the said proposed railway and sidings, and tratlic on
the Great Northern railway would be increased thereby, it is therefore desirable to authorise by Legislative enact ment the construction of the said railway and sidings, subject to the provisions hereinafter contained, upon payment of compensation to the several parties through whose land the same shall pass for such portion of their respective lands as may require to he taken and occupied thereby: Be it therefore enacted by the King’s Most Excellent Majesty, by and with the consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—
| A uthority to | 1 . | I t shall be lawful for the said promoters to make |
| construct |
| railway and | and construct a railway which shall be of the same gauge |
| connect same | |
| with Great | as the Government Bail ways, namely, four feet eight |
| Northern | ^^d a half iuches, from a point commencing in the |
| Railway. | lands of the promoters hearing north-east ten chains from the south-west corner of portion twenty-five in the parish of Maitland, county of Northumberland, and hearing thence about north-east to a point about eight chains south from the north-cast corner of the said portion, thence through lands of John Earrell, the trustees of the will of the late Henry Osborne, the trustees or beneficiaries in the estate of the late William Pane de Salis, across the main northern road, Newcastle to Maitland, lands of said trustees or beneficiaries of the late William Fane de Salis, and land of promoters, to a point on the Great Northern railway, connecting there with at a point about fourteen miles north of Newcastle and adjacent to the Thornton railway station, and which lands and route are particularly described in the Schedule hereto, such railway to he in the direction described in the Schedule, but so that the same shall not occupy at any part thereof a greater space in breadth than sixty-six feet, and to make and construct such loop lines, statioirs, and sidings as may be necessary for the safe and convenient use of the railways to be constructed as aforesaid, and to take and use so much of the lands of private persons mentioned in the Schedule as the promoters may require for their said railway, loop lines, stations, and sidings, but so that the same shall not occupy at any part thereof a greater space in breadth |
than
| The Ashtonflelds Coal-mines Railway Act. | 225 |
than sixty-six feet. The said railway shall ho con- George V.
striicted in a proper and workmanlike nianma-, to the
satisfaction of tlu* Secretary for Public Works and the
Railway Commissioners.
2. The "round and soil of so much of the site of the site of
railway and sidings as passes over or includes the l a n d s , ot the Crown, bodies corporate, and private [lersons as in promoters, aforesaid, togetlu'r Avith such rights of ingress, egress,
and regress upon the adjacent land as may be necessary for the making and repair of such railway shall, so far as is necessary for the purpose of this Act, ho vested by virtue of this Act and without the necessity of any conveyance in the promoters for the purposes of the railway :
Provided that no lands vested in the Railway Com missioners sliall 1)V virtue of tliis Act be vested in the promoters, and nothing herein contained shall prevent the said owners from carrying on any mining operations beneath the said railway which shall not interfere with the safety of the said railway and the tratlic thereon; and the ])romot('rs shall have no further rights to the soil of the said lands beneath the surface than shall be requisite for the formation and repairs of the said railway by cutting, embanking, sinking veils, or otherwise;
Provided that the said railway shall be constructed and brought into use within five years after the passing of this Act, and that in default thereof, or if after its comple tion the said I’aihvay shall cease to he used for three years continuously, all the said lands and all the said promoters’ interest and estate therein shall revert without an y . conveyance to the original oAvners thereof, their heirs
and assigns respectively :
Provided also that if in the exercise of the powers hereby granted it he found necessary to cross-cut through, sink, raise, or use any part of anyroad so as to render it impassable for or dangerous or inconvenient to the persons entitled to the use thereof, the promoters shall before the commencement of any such operations at their own expense cause a sufficient road to be made instead of any road interfered with, and shall at their OAvn expense maintain such substituted road to the satisfaction of the shire council or (councils resjAonsible for the adminis tration of that area. And the promoters before they
| H | use |
226 The Ashtonflelds Coal-mines Railway Act.
George V, use the said lands of the owners of the land for the
purposes aforesaid, shall, if required so to do, separate the same hy a sufficient fence from the land adjoining thereto, with such gates as may he I’equired for the convenient occupation of such land, and shall also to all private roads used hy them as aforesaid, put up fences and gates in like manner in all cases, where the same may he necessary, to prevent the straying of cattle from or upon the lands traversed hy such roads ; and in case of any difference between owners or occupiers of such roads and lands and the promoters as to the necessity for such fences and gates, then tlie said promoters shall put up and erect such fences and gates as any two justices of the peace after inquiry sliall deem necessary for the purpose aforesaid on application being made to
| them. | * |
| Railway | 3. | The railway shall he open to the public use for |
| open to tlic |
| public. | the conveyance of coal and goods upon payment of a toll to the promoters for the conveyance of coal of a sum not exceeding one penny per ton per mih', with a minimum charge of threepence per ton in respect of every ton of coal for every transit, the person seeking transit supplying and loading his own trucks or on the Commissioners’ waggons, and the promoters or Commissioners supplying locomotive power, and all trucks when emptied shall he conveyed on their return | |
| ||
| Provided always that it shall not he compulsory on the promoters to supply locomotive power unless the party seeking the transit guarantee and bring one liundred tons at least during tlu ̂ twelve working hours, and give notice of same at least twenty-four hours previously. The railway shall at all times ho open to the public for the conveyance of coal and goods upon payment of a toll to the promoters for the conveyance of coal of a sum not exceeding one halfpenny per ton per mile, with a minimum charge of twopence per ton in | ||
| 2’espect of eveiy ton of coal for every transit and for | ||
| goods of a sum not exceeding one penny halfpenny per ton per mile in respect of every ton of goods for every transit, if the party seeking transit supply the locomotive power as well as the trucks and waggons : |
Provided
| The Ashtonflelds Coal-mines Railway Act. | 227 |
Provided that so Ion" as the promoters shall he Cleorge V.
Avilliii" to supply locomotive jioweriio other person sliall use locomotive power on the line other than the PLailway
| Commissioners: | • |
Provided that if the railway shall he damaged hy the parties who shall themselves use the railway for transit and supply locomotive power, the promoters shall he entitled to compensation for such damage, to h(‘ recovered either hy action in the Supreme Court of New South Wales, or, if such damage do not exceed the sum of twenty pounds summarily before tn o justices ; and in estimating such damages the promotei's shall lie entitled not only to compensation for the cost of repairing and restoring the railway, hut to the conse quential damage (if any) sustained hy reason of the suspension of transit or otherwise.
4. I t shall he lawful for the owners or occupiers of Unmcii
the lands adjoining thereto or traversed hy the said railway to lay down upon their own lands any collateral branches or railway to communicate with the said rail way for the purpose of bringing carriages, trucks, and waggons to or from or upon the said railway, and the promoters shall, if required, at the expense of such owners or occupiers, m;ike openings in the rails and such additional lines of railway as may he necessary for elfecting such communications in places Avhere the com munication can be made with safety to the public and without injury to the said railway and rvithout incon- A'cnience to the ti’affic thereupon, and the promoters shall not take any rate, toll, or other moneys for the passing of any jAassengers, coal and goods, or other things along any branch so to he made hy any such owner or occupi(‘r or other person. The promoters shall not he hound to make any such openings in any place which they shall have set apart for any specific purpose with Avhich such communication Avould interfere, nor upon any inclined plane or bridge nor in any tunnel. The persons making or using such branch railways shall he subject to all by-laws and regulations of the promoters from time to time made with respect to passing upon or crossing the railway and otherwise; and the jAersons making or using such branch railways shall he hound to construct and from time to time as need may require to
| , | renew |
228 The Ashtonflelds Coal-mines Railway Act.
George V. renew the otf-set plates and switches according to the
most approved plan adopted hy the promoters under the
direction of their engineer.
| Power to | 5 . | ro r the purposed and subject to the provisions |
| divert and |
| alter the | hereinafter contained it shall he lawful for the pro |
| roads. | moters, their deputies, agents, servants, and workmen, and all other persons hy them authorised and empowered, to divert or alter the course of any road 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 hy the side of the railway : |
| Provided always that any such work shall he carried out to the satisfaction of the shire council or councils responsible for the administration of that area, and all such diversions, alterations, and crossings, and the approaches thereto, shall hereafter he maintained and repaired hy the promoters at their own expense, and to the satisfaction of the said shire council or councils responsible for the administration of that area. | |
| Penalty for | 0 . If the promoters do not cause another sufficient existing road as aforesaid, or if they fail to maintain and repair all such diversions, alterations, crossings^ and the approaches thereto, and all fences and gates across any roads which are under the care, control, and management of the shire council or councils responsible for the administration of that area, they shall forfeit twenty pounds for every day during Avhich such substi tuted road shall not be made after the existing road shall have been interrupted, or during which such diversions, alterations, crossings, or approaclies or fences or gates shall remain in a state of disrepair, and such penalty shall he paid to tlm said shire council or councils responsible for the administration of that area if a public road, and shall be applied for the purposes thereof, or, in case of a ]Arivate road, the same shall be paid to the owner thereof; and every such penalty shall be recover able, with costs, by action in any court of competent jurisdiction. |
| tuting*aroad. | ^ c SO made before they interfere with any such |
| Kightto carry | 7 . I t shall he lawful for and, at the request of the u,ailway Commissioners, compulsory upon the said pro moters, from time to time, and at all reasonable times, to carry passengers, goods, and live stock, upon the said |
| passengers. |
railway.
| The Ashtonflelds Coal-mines Railway Act. | 229 |
railway, or any part tliereof respectively, and to make, '3eorge or regulations shall he liable to a tine not exceeding ten pounds for each offence, to he recoverable in a summary way before any two justices ;
demand, take, rc'ceive, and recover sncli tolls or dues for
carrying the same at sncli rate per mile, or other scale of
charges, as shall he established from time to time hy the
promoters for or in respect of all such passengers, goods,
and live stock, Avhich shall he conveyed or transported
upon sucli railway, or any jiart thereof rcspectiA'ely;
And the promoters are hereby authorised to make such
by-laws and regulations not inconsistent with this Act, _
and subject to the approval of the Itailway Commis
sioners, as may he necessary for the regulation of such
traffic, and such by-laws or regulations shall he binding
upon all persons using or travelling upon the said rail-
Provided that such by-laws and regulations shall as far as practicable be similar mutatis mutandis to the by-laws and regulations made under the Government Railways Act, 1912, respecting similar matters :
| Provhh'd also that the rates, tolls, and dues which may he e;stal)lished as aforesaid under and by A'irtue of this | • |
| Act shall not exceed the rates, tolls, or dues charged for the time being for similar services under the Government Railways Act, 1912: | |
| Provided always that if the rates, tolls, or dues that may he established as afoivsaid, under and hy virtue of this Act, shall he found excessive, it shall and may be lawful for the Executive; Council, on the jeetition of any person, to reduce the said rates, tolls, or dues, and to revise; them in such a maimer as may seem most proper and advisable. |
8. If in any calenelar yt'ar the ])rotits of the Avorking K>eessprofite
of the saiel railway after jrayment of all working expenses [“ nsojj(iate<r
and }>rovision for reasonable' depreciation exe-ceel iifteen lavenue.
per centum upon the capital expended upon the con-
stniction and equipment of the said raihvay the amount
of the excess shall he paiel into the Consolidated KcAmnue.
9. If in the course of making the railw ay the Road repaid,
preemoters shall use or interfere Avith any road, they shall, from time to tinn;, make good all damage done hy them to such roads to the satisfaction of the said shire
council
| 2S0 | The Ashtonflelds Coal-mines Railway Act. |
George V. council or councils responsible for the administration
of that area; and if any question shall arise as to the damage done to any such road by the promoters or as to the repair thereof by them, such questions shall be referred to the determination of two justices, and such justices may direct such repairs to be made in the state of the roads in respect of damage done by the promoters, and within such period as they may think reasonable, and may impose on the promoters for not carrying into effect such repairs, any penalty, not exceeding ten pounds per day, as to such justices shall seem fit, and any such penalty shall be paid to the said shire council or councils responsible for the administration of that area if a public road, and be applied for the purposes of such road, or if a private road the same shall be paid to the owner thereof.
| Owner’s | 1 0 . | Until the promoters shall have made the bridges |
| crossing. | or other proper communications, which they shall, under the provisions herein contained, have been required to make between lands intersected and the railway, and no longer, the owners and occupiers of such lands, and any other person whose right of way shall be affected by the want of such communications and their respeutive servants, may at all times freely pass and repass with carriages, horses, and other animals directly, but not otherwise, across any part of the railway made in or through their respective lands solely for the purpose of occupying the same lands or for the exercise of such right of way and so as not to obstruct the passage along |
| . | the railway or to damage the same. Nevertheless, if the owner or occupier of any such lands have in his arrangement with the promoters received or agreed to receive compensation for or on account of any such communications, instead of the same being formed, such owner, occupier, or those claiming under him shall not be entitled so to cross the railway. |
| B'ovisioiis in | 1 1 . If tlic railway cross any public road on a |
| roads | level, the promoters shall erect or construct and at |
| leTer*̂ | times maintain to the satisfaction of the said shire council or councils responsible for the administra tion of that area, cattle-stops or good and sufficient gates across such railway on each side of the road where the same shall communicate therewith, and shall |
'
employ
| The Ashtonflelds Coal-mines Railway Act. | 231 |
employ proper persons to open and shut such gates, and George V.
such gates shall be kept constantly closed across sncli rail
way on both sides of the road, except during the time when
engines or railway vehicles, passing along the same, shall
have to cross such road, and such gates shall he of such
dimensions and so constructed as when closed to fence
in the road and prevent cattle or horses passing along
the road from entering upon the railway, and the person
entrusted with the care of such gates shall cause the
same to he closed as soon as such engines or railway
vehicles shall have passed through the same, under a
penalty not exceeding forty shillings for every default
therein, to he recoverable before any two justices in a
summary way.
1 2 . When, in the opinion of the shire council or councils responsible for the administration of that area, cn«pi'nlor
| it is necessary for the piddle convenience tliat any new | ‘O’s |
| public road crossing or bridge should he provided over | ' |
| the said railway the said council may require the promoters to provide, construct, maintain, and repair such road crossing or bridge. The pi’omoters shall comply with such requirements. The provisions of this Act witli respect to road crossings and bridges shall apply to road crossings and bridges provided under this section. |
1 3 . In case of accidents or slips happening or being PoN.cr to apprehended to the cuttings, emhankments, or otdu.ny“ hj'\’r works of the said railway it shall he lawful for the lamis io° promoters and their workmen and servants to enter upon aenl“
the land adjoining thereto at anytim e whatsoever for to rertnin'
the purpose of repairing or preventing such accidents,‘
and to do such works as may he necessary for tlie
purpose, hut in evt'ry such case the promoters shall
within forty-eight hours of such entry make a report to
the Secretary for I’ublic Works specifying the nature of
such accident or apprehended accident, and of the works
necessary to be done, and such powers shall cease and
determine if the snid Secretary shall after considering
the said report certify that their exercise is not necessary
for the public safety or for the repair and maintenance
of the said line;
Provided also that such ivorks shall he as little
injurious to the said adjoining lands as the nature of the
accident or apprehended accident uill admit of, and
■shall
232 The Ashtonflelds Coal-mines Railway Act.
George Vj shall be executed with all possible despatch, and. full
compensation shall be made to the owners and occupiers of such lands for the loss or injury or inconvenience sustained hy them respectively hy reason of such works, the amount of which compensation in case of any dispute about the same shall he settled hy arbitration in the manner hereafter mentioned; and provided also that no land shall be taken permanently for any such works otherwise than is herein provided with I'espcct to the lands originally taken for the purpose of making the said railway.
| ^Construction | 14. | Every bridge to he erected for the purpose of |
| of bridges |
| over roads. | carrying the railway over any road shall he built in con formity witli the following regulations, that is to say:— |
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 road, and of twelve feet if over a private road.
The clear height of the arch from the surface of the road shall not be less than sixteen feet for space of twelve feet if the arch be over a public road and in such case the clear height at the springing of the arch shall not he less than twelve feet, the clear height of the arch for a space of nine feet shall not be less than fourteen feet over a private road.
The descent made in the road in order to carry tlie same under the bridge shall not be more than one foot in thirty feet if the bridge he over a public road, and one foot in sixteen feet if over a priv^ate road, not being
a tramroad or railroad; or if the same be a tramroad
or railroad, the descent shall not he greater than the
ruling gradient of such tramroad or railroad :
Provided always that cv̂ cry such bridge shall he erected to the satisfaction of the Pailway Commissioners and the Secretary for Public Works.
Construction, 1 5 . Every bridge erected for carrying any road »vê”aUway8. ovcr the railway shall bo built in conformity with the
following regulations, that is to say ;—
There shall he 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 ap proaches of such bridge of not less thmi three
| * | feet. | The |
| The Ashtonflelds Coal-mines Railway Act. | 233 |
The road ovci- tlie Inidges sliall have a clear space George V.
hetween the fences thereof of thirty-live feet if the road he a public road, and twelve feet if a private road.
The descent shall not he more than one foot in thirty feet if the rord he a public ro.'id, and one foot in sixtc'eu fi'ct if a firivate road, not being a tramroad or railroad, or if the same he a tramroad or railroad, the ascent shall not he greater than the ruling gradient of such tram- road or railroad:
Provided always that every such bridge shall be erected to the satisfaction of the said shire council or councils responsible for the administration of that area and the said Seeridary for Public AVorks :
Provided always that in all cases where the average The widtii of
available width for tlu; passing of carriages of Jiiiy
(uvisting road within fifty vards-of the point of crossingexceodihe
the same is less than the width hereinbefon' prescribed
for bridges over or under the railway, the width of suchcertun cases,
bridges need not be greater than such averagf; available
width of such roads hut so, nevertheless, fliat cueli bo not
of less width in cas(> of a public road than twenty feet :
Provided also, that if at any time after the con struction of the railway the average available wi;llh of any such road shall be increased beyond the width of such bridge on (hther side thereof, the promoters shall he bound at their own expense to increase the width of the said bridge to such extent as they may be laupiircd by the said shire (;ouncil or councils responsible for the administration of that area, not exceeding the width of such road as so widened, or the maximum width herein prescribed f(jr a bridge in the like easf; over or under the railway :
Provided also that if the mean inclination of any I'oad K.xisting
within two hundred and fifty yaixis of the point of
crossing the same, or the inclination of such portion of or diccrtc.i
any road as may he preserved to be altered, or for which
another road shall be substituted, shall be steeper than
the inclination hereinbefore required to be preserved by
the promoters, then the promoters may carry any such
road over or under the railway, or may construct such
altered or substituted road at an inclination not stiM'per
| , | than |
234 The Ashtonflelds Coal-mines Railway Act.
George V. than the said mean inclination oE the road so to he
crossed, or of the road so requiring to be altered, or for
which another road shall he substituted.
Works for
| benefit of | 16. The promoters shall make, and at all times |
thereafter maintain, the following works for the accom modation of the owners and occupiers of lands adjoining the railway, that is to say:—
| Gates, | Such and so many convenient gates, bridges, arches, culverts, and passages over, under, or hy the sides of or leading to, or from the railway, as shall be necessary for the purpose of making good any interruptions caused by the railway to the use of the lands through which the rail way shall be made. And such works shall be made forthwith after the part of the railway passing over such lands shall have been laid out or formed, or during the formation thereof. |
| Fences. | All sufficient posts,'rails, hedges, ditches, mounds, or other fences for separating the land taken for the use of the railway from the adjoining lands not taken and protecting such lands from trespass, or the cattle of the owners or occupiers thereof from straying thereon, by reason of the railway, together with all necessary gates made to open towards such adjoining lands, and not towards the railway. And all necessary stiles and such posts, rails, and other fences shall be made forthwith after the taking of any suchland, if the owners thereof shall so require, and the said other works as soon as conveniently may be. |
| Draius. | Also all necessary arches, tunnels, culverts, drains, or other passages, either over or under or by the sides of the railway, of such dimensions as will be sufficient at all times to convey the water as clearly from the lands lying near or affected by the railway as before the making of the railway, or as nearly so as may be, and sucli works shall be made from time to time as the railway work proceeds. |
| "Watoi-i no | Also proper watering places for cattle or compen sation in lieu thereof, where by reason of the railway the cattle of any person occupying any lands lying near thereto shall be deprived |
| places. |
bridges, &c.
of
| The Ashtonflelds Coal-mines Railway Act. | 235 |
| of access to their former watering-places. | And George V. |
snch watering-places shall he so made as to he at all times sutfieiently supplied witli water as theretofore, and as if the railway had not been made, or nearly so as may he. And the said promoters shall make all necessary watercourses and drains for the purpose of conveying water to the said watering-places :
I’rovided always that the promoters shall not he required to make such accommodation works in sucli manner as ivonld prevent or ohstruct the w orking or using of the railway nor to make any accommodation ivorks wdtli respect to wdiicli the owners and occupiers of the land shall have agreed to receive, and shall have been paid compensation instead of the making of them.
1 7 . If any person omit to shut and fasten any gate I’cimity on set np either side of the railway for tin; accommodation to of the owners or occupiers of the adjoining lands so soon fasten yiites. as he and the carriage, cattle, or other animals under
his care have passed through' same, he shall forfeit for every such offence a sum not exceeding five juiunds, to be recoverable in a summarv way before anv two justices.
| 18. The promoters shall not be entitled to any M | inerals not |
minerals under any land whereof the surface is vested in them by virtue of this Act except only such parts thereof as shall be necessary to be dug or carried away in the construction of the Avorkshereby authorised; and such miiu's shall not be deemed to vest in the said promoters.
10. If, AAuthin ninety days after the passing of this A>po"it'ncnt
Act, the said persons through Avhosc lands the raihvay shall pass, or any of them, and the promoters shall not agree as to the amount of compensation to be paid by them for the said lands belonging to the said parties, and any of them, or for any damage that may be sustained by them, or him, by reason of the execution of the AVOrks, or if any other question as to compensation shall arise under this Act, the amount of such compen sation shall be settled by arbitration in manner liercin- after mentioned, that is to say, unless both parties shall concur in the appointment of a single arbitrator, each party on the request of the other party shall nominate
| . | and |
236 The Ashtonflelds Coal-mines Railway Act.
George V. and appoint an arbitrator to whom such dispute or other
matter shall be referred, and every appointment of an arbitrator shall be under the hand of such party; and such appointment shall be delivered to the arbitrator or arbitrators and shall be deemed a submission to arbitra tion on the part of the party by whom the same shall be made. And after any such appointment shall have
| ' | been made neither party shall have power to revoke the same without the consent of the other, nor shall the death of either party operate as a revocation. And if, for the space of fourteen days after any such dispute or other matter shall have arisen, and after a request in writing shall have been served by the one party on the other party to appoint an arbitrator, such last mentioned party failed to appoint such arbitrator, then upon such failure it shall be lawful for the Attorney-General, on application of the .party who has himself appointed an arbitrator, to appoint such arbitrator to act on behalf of both parties, and such arbitrator may proceed to ‘hear and determine the matters which shall be in dispute; and in such case the award or determination of such single arbitrator shall be final and conclusive. |
| Vacancy of | 2 0 . If, before the matter so referred shall be deter mined, any arbitrator appointed by either party shall die or become incapable or refuse or for fourteen days neglect to act as arbitrator, the party by whom such arbitrator was appointed may nominate and appoint in writing some other person to act in his place. And if, for the space of seven days after notice in writing from the other party for that purpose, he fail to do so, the remainder or other arbitrators may proceed alone; and every arbitrator so to be substituted as aforesaid shall have the same powers and authorities as Avere vested in the former arbitrator at the time of such his death, refusal, neglect, or disability as aforesaid. |
| arbitrator. | |
| Appointment | |
| 5>f umpire. | 2 1 . Where more than one arbitrator shall have been appointed, such arbitrators shall, before they enter upon the matters referred to them, nominate and appoint by writing under their hands an umpire to decide any matters on which they shall differ or which shall be referred to them under the provisions of this Act. And if such umpire shall die or refuse or for seven days |
neglect
| The Ashtonflelds Coal-mines Railway Act. | 237 |
neglect to act after being called upon to do so by the George V.
arbitrators, they shall forthwith, after such death,
refusal, or neglect, appoint another umpire in bis place,
and the decision of every such umpire on the matters so
referred to him shall he final.
2 2 . If in either of the cases aforesaid the arbitrators Aitoniey-
shall nrfuse or for seven days after rci^ucst of either I'ppoiiit
party to such arbitration, neglect to apj)oint an umpire, umpire ou
it shall be lawful for the Attorney-General, on the
application of either party to such arbitration, to appoint
an umpire, and the decision of such umpire on the
matters on which the arbitrators shall differ or which
shall be referred to him under this Act shall be final.
23. If when a single arbitrator shall have been Jn (.ase of
appointed, such arbitrator shall die, or b('comc incapable, ‘
or shall refuse, or for fourteen days neglect to act before tratoi- matter
lie shall have made his award, the matters refei’red to
him shall he determined by arbitration under the pro
visions of this Act in the same manner as if such
arbitrator Imd not been appointed.
24. If where more than one arbitrator shall have if tnher
been appointed, either of the arbitrators shall refuse, or
for seven days neglect to act, the other arbitrator may tim other to
proceed alone, and the decision of such other arbitrator
shall be effectual as if he had been the single arbitrator
appointed hy both parties.
25. If where more than one arbitrator shall have if .arihtrators
been appointed, and wlierc neither of them shall refuse
or neglect to act as aforesaid, such arbitrators shall fail v itihn
to make their award within twenty-one days after the
day on which the last of such arbitrators shall have matter to go
been appointed, or within such extended time (if any) * ’ *̂’“*'""P"'®-
as shall have been apjiointcd for that jiurpose hy both
of such arbitrators under their hands, the matters
referred to them shall he determined hy the umpire to
he so appointed as aforesaid.
26. The said arbitrators, or their umpire, may c a l l iw e r s of
for the production of any documents in the possession eluVor'̂ '̂ ̂**
or power of either party which he or they may think books, &o.
necessary for determining the question in dispute, and
may examine the parties or their witnesses on oath, and
administer the oaths necessary for that purpose.
238 The Ashtonflelds Coal-mines Railway Act.
| George V. | 2 7 . Before any arbitrator or umpire shall enter into |
| Arbitrator or the Consideration of any matters referred to him he shall, | iimpire to | |
| ||
| declaration | ||
| ||
| «Uschargo of | ||
|
Made and subscribed in the presence of
| Penalty of | And such declaration shall he annexed to the award when made, and if any arbitrator or umpire having made such declaration shall wilfully act contrary thereto, he shall be guilty of a misdemeanour. |
| misconduct. | |
| Costs of |
| arbitration, | 28. All the costs of any such arbitration and |
| how to be | incident thereto to he settled hy the arbitrators, shall |
| ])orne. | he borne by the promoters, unless the arbitrators shall award the same or a less sum than shall have been olFered hy the promoters, in which case each party shall hear his own costs incidental to the arbitration, and the cost of the arbitrators shall he borne hy the parties in equal proportions, unless the amount awarded shall he one-fourth less than the amount claimed, in which case the whole costs shall he paid hy the claimant: Provided that if either party shall he dissatisfied with the costs allowed by the arbitrators as aforesaid, the costs may he taxed hy the Prothonotary or other proper officer of the Supreme Court, and the amount allowed by such officer shall he the amount of costs to he paid.’ |
| Awarils to | 2 9 . The arbitrators shall deliver their award in and shall forthwith on demand at their own expense furnish a copy thereof to the other party, and shall at all times on demand produce the said award, and allow the same to he inspected or examined hy such party or any person appointed hy him for that purpose, and the amount awarded shall he paid within sixty days after the publication of such award. |
| be delivered | |
| to tlie ]iro- | writing to the promoters, who shall retain the same, |
| moters. |
| Submission | SO . The submission to any such arbitration may he | _ | |
| may l)e made |
|
| a nil.; <jf | m a u L |
| court. | either of the parties. |
| . | 3 1 . |
| The Ashtonflelds Coal-mines Railway Act. | 239 |
31. No award made with respect to any question 'George V,
referred to arbitration under the provisions of this Act „̂"u'luougii shall he set aside for irregularity or error in matter of mi-in fm™. form.
32. The ju’omoters shall make compensation and ̂“'“P™-
satisfaction to the said owners and occupiers (the ti-mpwl’i-y or
amount of such compensation and satisfaction to he
ascertained and recovered in case of dilference in the injiiiius.”
manner hereby provided) for temporary, permanent, or
recurring injury, and all other damage, loss, costs,
charges, and inconveniences which may in anywise be
occasioned to the said owners or occupiers hy the non-
y)erformanee hy the said promoters of any oi the matters
and things hereby rc'quircd to he performed hy them or
otherwise.
33. In every ease where the promoters shall take Compensa-
temi)orary possession oi lands hy virtue of the powers „uuie for
iicrehy granted, it shall he incumbent on them within
| one month after their entry upon such lands, upon being | ' | ’ |
| i-equired to do so, to pay to the occupier of the said lands the value of any crop or dressing that may he thereon, as well as full compensation for any other damage of a t(uu])orary nature which he may sustain hy reason of their taking possession of such lands; and they shall from time to time during their occupation of their said lands pay half y(;arly to such occupier or to the owners of the lands, as the case may require, a rent, to he fixed hy two justices in case the parties differ, and shall also within six months .after the completion of the railway ])ay to snch owner or occupier, or deposit in a hank for the benefit of all j)arties interested, as the case may i'c(]nire, compensation for all permanent or other loss, damage, or injury that may have; been sustained hy them by reason of the exercise as regards the said lands of the jfowers hereby granted, including the full value of all clay, stone, gravel, sand, and other things taken from such lands. |
3 4 . I t shall lx; lawful for the Secretary for Public
AVorks on behalf of the Government, at any time, by to pun-imse notice in writing, to require the said promoters to sell, "'‘•"W and thereupon the said promoters shall sell - to the Government the said railway, upon the terms of paying
the
210 The Ashtonfie’ds Coal-mines Railway Act.
George V. the tlien value (exclusive of any allowance for compen
sation for compulsory sale) of the said railway and all lands, buildings, works, materials, and plant of the said promoters suitable to and used by them for the purposes of the said railway ; such value in case of difference to he ascertained hy arbitration in the manner provided by the Public AVorks Act, 1912, for settling cases of disputed compensation and subject to the terms and conditions therein contained. And when any such sale shall have been made to the said Government, the said railway, lands, buildings, works, materials, plant, and premises shall vest in the Railway Commissioners who
| , | shall have all the rights, powers, and authorities of the said promoters in respect of the said railway so sold : |
| Provided that the sum to be paid by way of purchase shall in no case exceed the total cost of the construction of the railway and related works, land, and buildings. |
| Promoters | 35. | Por the purpose of regulating the conduct of |
| may make |
| by-laws. | the officers and servants of the promoters, and for providing for the due management of the affairs of the promoters in all respects, it shall be lawful for the promoters, subject to the provisions herein mentioned, from time to time to make such by-laws and regulations as they shall think f i t : | |
| Provided that such by-laws he not repugnant to the laws of the State or to the provisions of this A ct; and such by-laws shall be reduced into writing and shall have affixed thereto the names of the promoters, and a copy of such by-laws shall be given to every officer and servant of the promoters affected thereby, and such by-laws may specify a maximum and a minimum penalty for any breach thereof, such penalty to be proceeded for and recovered under the provisions of the .Justices Act, 1902 ; | ||
| Provided always that any by-laws of the said promoters relating to penalties must be first approved by the Executive Council, and published in the Govern ment Gazette ; and the production of the Gazette containing such by-laws of the promoters shall be sufficient evidence of such by-laws in all proceedings | ||
|
| The Ashtonflelds Coal-mines Railway Act. | 241 |
36. (1) The provisions of any award made under tlie George V.
Industrial Arbitration laws for the time boin" in force,
such award bein^-ajiplicablo to employees of tlie Railway iiuiustriai
Commissioners, shall apply mutatis mutandis to the Agination
| promoters and to their employees. | ' |
| (2) | The methods of train-working, signalling, Muthoasof |
maintenance, and repairing of the railways vested in the *,'o"king_ &c.
Railway Commissioners as prescribed by rules, regula
tions, or by-laws for the time being in force under the
Government Railways Act, 1912, in respect of branch
railways similar in character to the railway to be con
structed under tins Act, shall apply mutatis mutandis
to the railway to he constructed under this Act, and the
promoters and their employees shall bo bound by the
said rules, regulations, and by-law's. I'his provision
may be enforced by tlie recovery of penalties as provided
in the said rules, ret^ulations, and by-laws, or, whore
| there is no penalty provided, by mandamus. The | - |
| Railway Commissioners shall from time to time; at the request of the promoters or otherwise direct which of the said rules, regulations, and by-laws in force under the Government Railways Act, 1912, are applicable to the said railway under this section. |
37. The Railway Commissioners may from time to Railway
time appoint any person to be insjiector for the purpose of
inspecting the railway, and of making any inquiry with may apiroint
respect to the condition of works or into the causi' of any
accident:
Providcil that no person so appointed shall exercise any jiowers of interference in the affairs of the promoters, and every inspector under this Act shall, for the purpose of any inspection or inquiry which he is directed by the Railway Commissioners to make or conduct, have the following powers, that is to say
(1) He may enter and inspect the railway and all stations, works, buildings, offices, stock, plant, and machinery belonging thereto.
(2) He may by summons under his hand require the attendance of any jierson w ho is engaged in the management, service, or employment of the promoters, and whom he thinks lit to call before him and examine for, the said purpose,
and
242 The Ashtonflelds Coal-mines Railway Act.
| lieorge V. | and may require answers or returns to such inquiries for the said purpose as he thinks fit to make. |
(3) He may require and enforce the production of all hooks, papers, and documents of the pro moters which he considers important for the said purpose.
(4) If after any such inspection the Railway Commissioners deem the railway to be unsafe for the carriage of passengers, they may by notice in writing require the promoters to desist from carrying passengers until any repairs or altera tions mentioned in the notice are effected, and thereupon and until the requirements of such notice liave been complied with it shall not be lawful for the promoters to carry any passengers upon the said railway.
| Aeciilciits. | Where in or about the railway or any of the Avorks or buildings connected AA’ith such raihvay or any buildings connected with such railway or any buildings or place, whether open or enclosed, occupied by the promoters, any of the following accidents takes plaee in the course of AAwking, that is to say,— |
(1) any accident attended with loss of life or
personal injury to any person whomsoever;
(2) any collision where one of the trains is a
passenger tra in ;
(3) any passenger train or any part of a passenger
train accidentally leaving the rails;
(1) any accident of a kind not comprised in the foregoing descriptions hut which is of such a kind as to have caused, or be likely to cause, loss of life or personal injury, and which may be sjoecifled in tliat behalf by any order to be made from time to time by the Raihvay Commissioners,
the promoters shall send notice of such accidents and loss of life or personal injury (if any) occasioned thereby to the Raihvay Commissioners. Such notice shall be in such form and shall contain such particulars as the Railway Commissioners may from time to time direct, and shall be sent by the earliest practicable post after the
accident
| The Ashtonflelds Coal-mines Railway Act. | 243 |
| accident takes place. | If any accident on the said rail- George V. |
way causes loss of life or serious bodily injury to any person the promoters shall send to the Railway Com missioners notic(‘ by telegraph immediately after such accident takes place. Failure to comply with the provisions of tliis section shall render the promoters liable for eacli olfencc to a penalty not exceeding twenty pounds.
38. I t shall be lawful for the promoters at any time Power to
by any deed or instrument in Avriting to assign and transfer all the rights, poAvers, privileges, henelits, and advantages conferred upon them hy this Act to any person or persons or to any duly registered company, and upon any such transfer or assignment being signed or exccuti'd the person or persons or duly registered company in avIiosc favour such transfer or assignment is made shall then stand in the place of the said promoters, and shall have all the rights, poAA’ers, benefits, privileges, and ad\’antages conferred upon the said promoters hy this Act.
39. Nothing herein contained shall alter, repeal, or iS'Wic works
otherwise affect the Public AVorks Act of 1912, or the the same.
40. In this Act the Avord “ justices” shall mean inurprcta-
| Wales, and Avhen any matter shall he authorised or rc(piired to he done hy two justices the expression “ tAA O justices” shall mean tAA’o justices assembled and acting together in petty sessions or a stipendiary or police magistrate; the Avord “ OAvner ” shall mean any person | justices of the j)cace in and for the State of New South ocn danse. s e l l land to the promotcu’s ; the Avord “ promoters ” shall mean and include the said AVilliam Longworth and Thomas Longworth, and the survRor of them, and the lu'irs, executors, or administrators of such survivor or their or his assigns. |
41. Nothing in this Act shall he deemed to authorise Luuis
the said ])romoters to take or enter u2)ou any lands [ue’i'tai'iwiy
belonging to the RaihA'ay Commissioners, or to alter or
to interfere Avith the (In'at Northern raihvay ()r any of
the Avorks thcrijof Avithout the ])revious consent in
Avriting in every instance of the Railway Commissiomu's.
| ' | 42. |
244 The Ashtonflelds Coal-mines Railway Act.
| George V. | 42. The Railway Commissioners may from time to |
| Raihvay |
| Commis- | time erect sueh signals and conveniences incident to such |
| sionei-8 may | junction either upon their own lands or on the lands of |
| crei | _ |
| ilnDoint’ | promoters, and appoint and remove such watchmen, the prevention of danger to or interference with the traffic at or near the junction, and in all cases at the expense of the promoters. |
and appoint
| watchmen | switchmen, and other persons as may be necessary for |
| men. |
and switch
| w orking of | 43. The Working and management of such signals |
| umkr̂ regu-** | Conveniences, wherever situate, shall he under the* |
| lations of |
| Railway | exclusive regulation of the Railway Commissioners, and |
| Commis | such sum may he charged to tlie promoters as the said |
| sioners. | Commissioners may deem reasonable for such services. |
| .Short title. | 44. Tliis Act whenever cited shall be sufficiently |
described as “ The Ashtonflelds Coal-mines Railwav Act of 192i.” ‘
S C H E D U L E .
Commencing a t a point on portion 25, parish of ^ taitland , county of N orthum berland, the lands of W illiam Longworth and Thomas Long- worth, sucli point bearing north-east about 10 chains from the south west corner of the said portion 2-5, and running thence about no rth east to a point about 8 chains south from the nortli east corner of the said portion ; thence in a north-easterly direction tlirough portion .‘52, |)arish of iMaitland, the propertj’ of John F a r re l l : thence in a nortlierly, north-easterly, and easterly direction th rough jiortion 8, parish of M aitland, the property of the trustees of the will of the late H enry Osborne ; thence in an easterly direction through p art of portion 46, parish of Alnwick, county of N orthum berland, the property of the trustees or beneficiaries in the estate of the late W illiam Fane de Salis, across the Newcastle to M aitland road by a level crossing, said road being under the control of the shire council or councils respotisible for the adm inistration of th a t area, and again in an eastei'ly dii'cction through p art of the said portion 46 ; and thence north-easterly through portion 47, parish of Alnwick, the property of applicants, to a junction w ith the Great N orthern railway a t a [loint appro.vimately 15 chains north from Thornton railway station.
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