The Bulli Coal Mining Company’s Railway Act (1862 No bcr) (NSW)
| An Act to enable the Bulli Coal Mining Company | coal | mining |
| ^ | X | €/ | Company s Railway. |
to construct a Railway from land near Bulli belonging to the said Company and to connect the same with Bellambi Harbour. [30th Sep tember, 1862.]
\ \ I HEUEAS the Bulli Coal Mining Company incorporated by that Preamble.
name by virtue of an Act passed in the twenty-fifth year of the reign of Her present Majesty Queen Victoria and hereinafter designated “ the Company ” have opened Coal Mines on land situate near Bulli in the County of Camden and are desirous of constructing a Railway from the said Coal Mines to Bellambi Harbour hut as part of such proposed Railway is intended to be made upon and to pass through lands in the said County not belonging to the said Company but believed to be the property of George Somerville John Somerville James Holden James Somerville George Organ Robert Campbell William Campbell Patrick Collins Sarah Salter John Cawley Elizabeth Colleary Thomas Hale and the Crown respectively the same cannot be made without Legislative authority And whereas the said Coal Mines are likely to prove beneficial to the Colony and the public are concerned in promoting such an increase in the facilities for the supply of Coal for local consumption steam navigation and export as would result from the construction of the said proposed Railway it is therefore desirable to authorize by Legislative enactment the construction of the said Railway subject to the provisions hereinafter contained upon pay ment of compensation to the several parties through whose lands the same shall pass for such portions of their respective lands as may he required to be occupied thereby Be it therefore enacted by the Queen’s Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows:—
V V
| 26 ̂ VIC. | 1862. |
B u lli Coal Mining Company’s Bailway.
Authority to con
| struct Eailway and | 1. I t shall be lawful for the Company to make and eonstruct a granted by the Crown to George Somerville Cornelius O’Brien Farrell Cuffe Thomas Wharton Robert Westmacott Alexander Elliott Michael Brennan Patrick Callaghan John Kelly and Harriet Spearing and now believed to he the properties of the several persons mentioned in the Preamble of this Act and also through Crown Lands and to take and use so much of the said lands as the said Company may require for the purposes of such Railway in the line described in the Schedule hereto not exceeding in any part thereof a greater space in breadth than sixty-six feet including the supports abutments and foundations of the said Railway Provided that the Railway shall he constructed and brought into use within the term of five years from the passing of this Act. |
| to connect the same | Railway from the land belonging to the Company through lands |
| with Bellambi | |
| Harbour. | |
| Railway to dock or | |
| Power to continue | 2. I t shall be lawful for the Company either in substitution for some portion of the Railway by the first section of this Act authorized to he made or in addition to the said Railway to make and continue a Railway through land known as the BeUamhi Estate or Village and believed to he the property of Thomas Hale for the purpose of connect ing the Railway and works of the Company with any public dock or harbour works which may hereafter he constructed at Bellambi and to take and use so much of the said lands as the said Company may require not exceeding in any part thereof a greater space in breadth than sixty-six feet including the supports abutments and foundations of the said Railway Provided that before such last-mentioned work shall he commenced to he made a plan and section thereof shall he laid before and approved by the Governor and Executive Council. |
| harbour works. | |
| Lands vested in the | |
| Company without | 3. So much of the lands of the said owners or other persons as shall be taken or used by the Company under the provisions of this Act for the purpose of the Railway with such right of ingress egress and regress upon the adjacent lands as may be necessary for the making and repair of the said Railway shall by virtue of this Act and without the necessity of any conveyance be vested in the Company Provided that if in the exercise of the powers hereby granted it be found necessary to cross cut through raise sink or use any part of any road whether carriage road or horse road so as to render it impassable for or dangerous or inconvenient to the persons entitled to the use thereof the Company shall before the commencement of any such opera tions cause a sufficient road to he made instead of any road interfered with and shall at their OAvn expense maintain such substituted road in a state as convenient as the road interfered with or as nearly as may he and the Company before they use the said lands for any of the purposes aforesaid shall if required so to do separate the same by a sufficient fence from the land adjoining thereto with such gates as may be required for the convenient occupation of such land and shall also to all private roads used by them as aforesaid put up fences and gates in like manner in all cases where the same may be necessary to prevent the straying of cattle from or upon the lands traversed by such roads and in case of any difference between the owners or occupiers of such roads and lands and the Company as to the necessity for such fences and gates such fences and gates shall be put up by the Company as any two Justices of the Peace shall deem necessary for the purposes aforesaid on application being made to them. |
| conveyance. | |
| Railw.ay open to the | 4. The Railway and locomotive shall be open to public use upon payment of a toll to the Company of three-pence per ton per mile the party seeking transit supplying and loading his own trucks or waggons and all such trucks when emptied shall be conveyed on their return free of cost. |
| public. |
| 18G2. | VIC. |
B ulli Coal Mining Company’s Bailtoay.
5. I t shall be lawful for the owners or occupiers of the lands Branch Eaiiways.
traversed by the said llailway to lay down upon their own lands any collateral branches of Railway to communicate with the said Railway for the purpose of bringing carriages to or from or upon the said Railway and the Company shall if required at the expense of such owners or occupiers make openings in the rails and such additional lines of Railway as may he necessary for effecting such communication in places where the communication can he made with safety to the public and without injury to the said Railway and without incon venience to the traffic thereupon and the Company shall not take any rate or toll or other moneys for the passing of any passengers goods or other things along any branch so to be made by any such owner or occupier or other person but this enactment shall he subject to the following restrictions and conditions (that is to say)—
No such Railway shall run parallel to the said Railway the Company shall not be bound to make any such openings in any place which they shall have set apart for any specific purpose with which such communication would interfere nor upon any inclined plane or bridge nor in any tunnel.
| The persons making or using such branch Railways shall be subject to all by-laws and regulations of the Company | , |
from time to time made with respect to passing upon or crossing the Railway and otherwise and the persons making or using such branch Railways shall be bound to construct and from time to time as need may require to renew the off-set plates and switches according to the most approved plan adopted by the Company under the direction of their Engineer.
6. Eor the purposes and subject to the provisions hereinafter Power to divert or
contained it sliall be lawful for the Company their deputies agents servants and workmen and all other persons by them authorized 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 by the side of the Railway.
7. If the Company do not cause another sufficient road to he Penalty for not sub-
so made before they interfere with any such existing road as aforesaid satuting a road,
they shall forfeit twenty pounds for every day during which such
substituted road shall not be made after the existing road shall have
been interrupted and such penalty shall be paid to the trustees com
missioners surveyor or other persons having the management of such
road if a public road and shall be applied for the purposes thereof or
in case of a private road the same shall be paid to the owner thereof
and every such penalty shall be recoverable with costs by action in
any of the superior Courts.
8. If in the course of making the Railway the Company shall Road repairs,
use or interfere with any road they shall from time to time make good all damage done by them to such road and if any question shall arise as to tlie damage done to any such road by the Comj)any or as to the repair thereof by them such question shall be referred to the deter mination of two Justices and such Justices may direct such repairs to be made in the state of such road in respect of damage done by the Company and within such period as they may think reasonable and may impose on the Company 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 he paid to tlie surveyor or other person having tlie management of the road interfered with by the Company 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
Provided
| 6 | 26̂ y io . | 1862. |
B ulli Coal Mining Company's Bailway.
Provided always the said Justices shall have regard to and shall make full allowance for any tolls that may have heen paid hy the Company on such road in the course of the using thereof.
Bridges to be con- 9 . If the line of Railway cross any public highway or parish
way°crM̂ŝ higĥ *' road then either such road shall be carried over the Railway or the
way.Railway shall be carried over such road by means of a bridge of the
height and width and with the ascent or descent by this Act in that behalf hereinafter provided and such bridge with the immediate approaches and all other necessary works connected therewith shall be executed by and be at all times thereafter maintained at the expense of the Company Provided that with the consent of the Governor with the advice of the Executive Council it shall be lawful for the Company to carry the Railway across any highway on the level.
Owners and
| occupiers crossing. | 10. Until the Company shall have made the bridges or other proper communications which they shall under the provisions herein contained have heen required to make between lands intersected by the Railway and no longer the owners and occupiers of such lands and any other persons whose right of way shall be aifected hy the want of such communications and their respective 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 Avay 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 arrangements with the Company received or agreed to receive compensation for or on account of any such communications instead of the same being formed such owner or occupier or those claiming under him shall not he entitled so to cross the Railway. |
| where roads or | |
| Provisions in cases | 11. If the Railway cross any public highAvay parish road or good and sufficient gates across such road or tramway on each side of the Railway where the same shall communicate therewith and shall employ proper persons to open and shut such gates and such gates shall he kept constantly closed across such road or tramway on both sides of the Railway exeept during the time when horses cattle carts or carriages passing along the same shall have to cross such Railway and such gates shall be of such dimensions and so constructed as when closed to fence in the Railway and prevent cattle or horses passing along the road or tramway from entering upon the Railway and the person intrusted with the care of such gates shall cause the same to he closed as soon as such horses cattle carts or carriages shall have passed through the same under a penalty of forty shilhngs for every default |
| tramways are | tramway on a level the Company shall erect and at all times maintain |
| crossed on a level. | |
| ' | therein Provided always that it shall he lawful for the Secretary for Public Works in any case in whieh he shall he satisfied that it will be more conducive to the public safety that the gates on any level crossing over any sueh road or tramway shall be kept closed across the Railway to order that such gates shall be kept so closed instead of across the road or tramway and in such case such gates shall be kept constantly closed aeross the Railway exeept Avhen engines or carriages passing along the Railway shall have occasion to cross such road or tramway in the same manner and under the like penalty as above directed with respeet to the gates being kept closed across the road or tramway, |
| ^wer to enter upon | \2. | In ease of accidents or slips happening or being apprehended |
| repatê | ĉXnts s°ub- to the cuttings embankments or other works of the said Railway it shall |
| teictionr"̂ ^̂ ” | lawful for the Company and their workmen and servants to enter upon the land adjoining thereto at any time whatsoever for the purpose of repairing or preventing such accidents and to do sncli works as may he necessary for the purpose hut in every case the Company shall within forty-eight hours after such entry make a report to the Secretary |
'
| for |
1862. 26« YIC.
B u lli Coal Mining Company’s Bailway.
for Public Works specifying the nature of such accident or apprehended
accident and of the works necessary to be done and such powers shall
cease and determine if the said Secretary shall after considering the
said report certify that their exercise is not necessary for the public
safety Provided also that such works shall be as little injurious to
tlie adjoining lands as the nature of the accident or apprehended acci
dent will admit of and shall be executed with all possible despatch and
full compensation shall be made to the owners and occupiers of such
lands for the loss or injury or inconvenience sustained by them respec
tively by reason of such works the amount of which compensation in
| case of any dispute about the same shall be setth'd by arbitrators in | ■ |
| the manner hereinafter mentioned And provided also that no land shall be taken permanently for any such works otherwise than is herein provided with respect to the lands originally taken for the purpose of making the said llailway. |
13. Every bridge to be erected for the purpose of carrying the Construction of
Railway over any road shall be built in conformity with the following bndges over roads, regulations (that is to say)—
The width of the arch shall be such as to leave thereunder a clear space of not less than thirty feet if the arch be over a public highway and of twenty feet if over a parish road and of twelve feet if over a private road.
The clear height of the arch from the surface of the road shall not be less than sixteen feet for a space of twelve feet if the arch be over a turnpike road and fifteen feet for a space of ten feet if over a public carriage road and in each of such cases the clear height at the springing of the arch shall not be less than twelve feet the clear height of the arch for a space of nine feet shall not be less than fourteen feet over a private road.
The descent made in the road in order to carry the same under the bridge shall not be more than one foot in thirty feet if the bridge be over a public highway one foot in twenty feet if over a parish road and one foot in sixteen if over a private road not being a tramroad or railroad or if the same be a tramroad or railroad the descent shall not be greater than the ruling gradient of such tramroad or railroad.
14. Every bridge erected for carrying any road over the Rail- Construction of
way shall be built in conformity with the following regulations (that
is to say)—
There shall be a good and sufficient fence on each side of the bridge of not less height than four feet and on each side of the immediate approaches of such bridge of not less than three feet.
The road over the bridge shall have a clear space between the fences thereof of thirty-five feet if the road be a public highway and twenty-five feet if a parish road and twelve feet if a private road.
The ascent shall not be more than one foot in thirty feet if the road be a turnpike road one foot in twenty feet if a parish road and one foot in sixteen feet if a private road not being a tramroad or railroad or if the same be a tramroad or railroad the ascent shall not be greater than the ruling gradient of such tramroad or railroad.
15. Provided always that in all cases where the average avail- The width of the
able width for the passing of <;arriages of any existing road within fifty exj-gf
yards of the points of crossing the same is less than the width hereinbe- the road in certain
fore prescribed for bridges over or under the Railway the width of such
bridges need not be greater than such average available width of such
roads
| 8 | 26'̂ VIC. | 1862. |
B u lli Coal Mini/ng Company's Hallway.
roads but so nevertheless that such bridges be not of less width in case of a public highway or parish road than twenty feet Provided also that if at any time after the construction of the Railway the average available width of any such road shall be increased beyond the width of such bridge on either side thereof the Company shall be bound at their own expense to increase the width of the said bridge to such extent as they may be required by the trustees or surveyors of such road not exceeding the width of such road as so widened or the maximum width herein prescribed for a bridge in the like case over or under the Railway.
of'roâ ŝ croaŵ also that if the mesne inclination of any road
diverted need not be witHn two hundred and fifty yards of the point of crossing the same improved. q j. inclination of such portion of any road as may be required to
be altered or for which another road shall be substituted shall be steeper than the inclination hereinbefore required to be preserved by the Company then the Company may carry any such road over or under the Railway or may construct such altered or substituted road at any inclination not steeper than the said mesne inclination of the road so to be crossed or of the road so requiring to be altered or for which another road shall be substituted.
| Works for benefit of | 1 7 . The Company shall make and at all times thereafter main- |
| owners. | following works for the accommodation of the owners and occupiers of lands adjoining the Railway (that is to say)- |
| Gates bridges &c. | Such and so many convenient gates bridges arches culverts and passages over under or by the sides of or leading to or from the Railway as shall be necessary for the purpose of making good any interruptions caused by the Railway to the use of the lands or any streets not diverted under the poT^ers herein contained through which the Railway shall be made and such works shall be made forthwith after the part of the Railway passing over such lands shall have been laid out or formed or during the formation thereof. |
| Fences. | All sufficient posts rads 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 rads and other fences shall be made forthwith after the taking of any such lands if the owners thereof shall so require and the said other works as soon as conveniently may be. |
| Drains. | Also all necessary arches tunnels culverts drains or other pas sages either over or under or by the sides of the Railway of such dimensions as will be sufficient at all times to con vey the water as clearly from the lands lying near or affected by the Railway as before the making of the Rad way or as nearly so as may be and such works shall be made from time to time as the Railway works proceed. |
| Watering places. | Also proper watering places for cattle or compensation in lieu thereof where by reason of the Railway the cattle of any person occupying any lands lying near thereto shall be deprived of access to their former watering places and such watering places shad be so made as to be at all times sufficiently supplied with water as theretofore and as if the Radway had not been made or as nearly so as may be and the said Company shall make all necessary water courses and drains for the purpose of conveying water to |
the
1862. 26° VIC.
B u lli Coal Mining Company's Railway.
the said watering places Provided always that the Com pany shall not be required to make such accommodation works in such a manner as would prevent or obstruct the working or using of the Railway nor to make any accom modation works with respect to which the owners and occupiers of the lands shall have agreed to receive and shall have lieen paid compensation instead of the making them.
18. If any person omit to shut and fasten any gate set up at Penalty on persons
either side of the Railway for the accommodation of the owners or occupiers of the adjoining lands so soon as he and the carriage cattle or other animals under his care have passed through the same he shall forfeit for every such offence any sum not exceeding ten pounds.
| 19. The | Company shall not be entitled to any mines of coal Minerals not to pass, |
ironstone slate or other minerals under any land 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 works hereby
| authorized. | ^ |
20. If within twenty-eight days after the passing of this Act Compensation
the persons through whose lands the Railway shall pass or any of‘' “"̂ ‘"
them and the Company shall not agree as to the amount of compen
sation to be paid hy the Company for the said lands belonging to the
said parties or any of them or for any damage that may he sustained hy
them or him by reason of the execution of the works or if any other
question as to compensation shall arise under this Act the amount of
such compensation shall he settled by arbitrators in manner herein
after mentioned (that is to say)—
Unless both parties shall concur in the appointment of a single Appointment of
arbitrator each party on the request of the other party shall nominate and appoint an arbitrator to whom such dispute or other matter shall he referred and every appointment of an arbitrator shall he executed by such party and such appointment shall he delivered to the arbitrator or arbitrators and shall he deemed a submission to arbitration on the part of the party hy whom the same shall he 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 hy the one party on the other party to appoint an arbitrator such last-mentioned party fail to appoint such arbitrator then upon such failure it shall he lawful |
| ' | for the Attorney General for the time being of the said Colony on tlie 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 d(itermine the matters which shall he in dispute and in such case the award or determination of such single arbitrator shall be final and conclusive. |
| 2 1 . I f | before the matter so referred shall he determined any vacancy in arbi- |
arhitrator appointed hy either party sliall 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 remaining or other arbitrators may proceed alone and every arbitrator so to Ix̂ substituted as aforesaid shall have the same powers and authorities as Avere vested in the former arbi trator at the time of such his death refusal Jieglect or disability as
| aforesaid. | 22. |
| b |
| 26° VIC. | 1862. |
B u lli Coal Mining Company's Mailway.
| Appointment of | 22. Where more than one arbitrator shall have heen appointed such arbitrators shall before they enter upon the matters referred to them nominate and appoint by writing under their hands an umpire to decide any matters on which they shall differ or which shall be referred to them under the provisions of this Act and if such umpire shall die or refuse or for seven days neglect to act after being called upon to do so by the arbitrators they shall forthwith after such death refusal or neglect appoint another umpire in his place and the decision of every such umpire on the matters so referred to him shall be final. |
| umpire. | |
| Attorney General to | 23. If in either of the cascs aforesaid the arbitrator shall refuse neglect to appoint an umpire it shall be lawful for the Attorney General for the time being 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 he final. |
| appoint umpire on | q j . f o p scvcu davs after rcQuest of either partv to such arbitration |
'
In case of death of 24. If when a single arbitrator shall .have heen appointed such matter̂ t̂ hr-̂ dê *̂ arbitrator shall die or become incapable or shall refuse or for fourteen novo. days neglect to act before he shall have made his award the matters
referred to him shall he determined by arbitration under the provisions of this Act in the same manner as if such arbitrator had not heen appointed.
| If either arbitrator | 25. | If where more than one arbitrator shall have been appointed |
| refuse to act the |
| other to proceed | either of the arbitrators shall refuse or for seven days neglect to act |
| ex parte. | the other arbitrator may proceed alone and the decision of such other arbitrator shall he as effectual as if he had heen a single arbitrator appointed by both parties. |
26. If where more than one arbitrator shall have been appointed
If arbitrators fail to
make their awardand where neither of them shall refuse or neglect to act as aforesaid
d4sThê rtter°tô go such arbitrators shall fail to make their award within twenty-one days
to the umpire. after the day on which the last of such arbitrators shall have heen
appointed or within such extended time (if any) as shall have been appointed for that purpose by both of such arbitrators under their hands the matters referred to them shall be determined by the umpire to be appointed as aforesaid.
Powers of arbitrators ^7. The Said arbitrators or their umpire may call for the pro to call for books &c. duction of any documents in the possession or power of either party
which they or he may think 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.
| Arbitrator or umpire | 28. Before any arbitrator or umpire shall enter into the eon- |
| to make a declara |
| tion for faithful dis | sideration of any matters referred to him he shall in the presence of a I A. B. do solemnly and sincerely declare that I will faithfully and honestly and to the best of my skill and ability hear and determine the matters referred to me under the provisions of the Bulli Coal Company’s Bailway Aet. |
| charge of duty. | Justice of the Peace make and subscribe the following declaration (that is to say)— |
| Made and subscribed 1 | A B |
| in the presence of J | ’ | ' |
| .Penalty for mis | and such declaration shall be annexed to the award when made and if |
| conduct. | any arbitrator or umpire having made such declaration shall wilfully act contrary thereto he shall be guilty of a misdemeanor. |
| Cost of arbitration | 29. All costs of any such arbitration and incident thereto to be settled by the arbitrators shall be borne by the Company unless the arbitrators shall award the same or a less sum than shall have been offered by the Company in which case each party shall hear his own eosts incident to the arbitration and the cost of the arbitrators shall be borne by the parties in equal proportions unless the amount awarded |
| how to be borne. |
shall
1862. 26'’ VIC.
Bulli Coal Mining Company's Bailway.
shall be one-fourth less than the amount claimed in which case the whole costs shall be paid by the claimant Provided that if either party shall be dissatisfied with the costs allowed by the arbitrators as aforesaid the costs may be taxed by the Prothonotary or other proper officer of the Supreme Court and the amount allowed by such ofiicer
| shall be the amount of costs to be paid. | _ |
30. The arbitrators shall deliver their award in writing to the Award to be deiirer-
| Company who shall retain the same and shall forthwith on demand at | Company, |
| 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 be inspected or examined by such party or any person appointed by him for that purpose and the amount awarded shall be paid within sixty days after the publication oi:‘ such award. |
31. The submission to any such arbitration may be made a r u l e Submission may be
| of the Supreme Court on the application of either of the parties. | made a rule of comt. |
32. No award made with respect to any question referred to Award not void
| arbitration under the provisions of this Act shall be set aside | I q j. through error in |
| irregularity or error in matter of form. |
33. The Company shall make compensation and satisfaction to Compensation for
be ascertained and recovered in case of difierence in the manner
hereby provided for temporary permanent or recurring injury and all injuries,
other damage loss costs charges and inconvenience which may in any
wise be occasioned to the said owners or occupiers by the non-per
formance by the said Company of any of the matters and things
hereby required to be performed by them or otherwise.
34. In every case where the Company shall take temporary Compensation to be
possession of lands by virtue of the powers hereby granted it shall be ĉupatioif™'̂ °̂ ^̂ ''
| incumbent on them within one month after their entry upon such lands | ' |
| upon being required so to do to pay to the occupier of the said lands | |
| the value of any crop or dressing that may be thereon as well as full | |
| compensation for any other damage of a temporary nature which he | |
| may sustain by reason of their so taking possession of their lands and | |
| they shall also from time to time during their occupation of the said | |
| lands pay half-yearly to such occupier or to the owner of the lands as | |
| the case may require a rent to be fixed by two Justices in case the | |
| parties differ and shall also within six months after the completion of | |
| the Railway pay to such owner and occupier or deposit in the Bank | |
| for the benefit of all parties interested as the case may require com | |
| pensation for all permanent or other loss damage or injury that may |
| have been sustained by them by reason of the exercise as regards the | ■ |
| said lands of the powers hereby granted including the full value of all clay stone gravel sand and other things taken from such lands. |
3 5 . The following words and expressions in this Act shall have interpretation
the meaning hereby assigned to them unless there be something either in the subject or context repugnant to such construction The word “ Railway” shall mean the Railway hereby authorized to be constructed the word “ Justice” shall mean Justice of the Peace in and for the territory of New South Wales and where any matter shall be authorized or required to be done by “ two Justices” the expression “ two Justices” shall mean two Justices assembled and acting together in Petty Sessions and where under the provisions of this Act any notice shall be required to be given to the owner of any land or where any Act shall be authorized or required to be done with the consent of any such owner the word “ Owner” shall be understood to mean any person or corporation who under the provisions of this Act would be able to sell land to the Company.
36. This Act shall be styled and cited as the “ Bulli Coal short title.
Mining Company’s Railway Act.”
| The |
| 26« VIC. | 1862. |
Newcastle Church Land Sale.
The SCHEDULE hereinbefore referred to.
Commencing at a point on the eastern boundary of the Company’s property and proceeding thence in an easterly direction through lands believed to belong to George and John Somerville a distance of nineteen chains eighty-five links or thereabouts to the eastern boundary of the said lands thence in a south-easterly direction through open swampy land believed to belong to John Somerville a distance of thirty chains seventy-five links or there abouts where it crosses the Parish road from Bulli to Wollongong thence in the same direction a further distance of six chains forty-five links or thereabouts to the southern boundary of the said John Somerville’s property thence in the same direction through lands believed to belong to James Holden a distance of nineteen chains ninety links or thereabouts to the southern boundary of the said lands thence in the same direction through land believed to belong to James Somerville <i distance of twenty-nine chains twenty-five links or thereabouts to the southern boundary of the said lands thence in the same direction through land believed to belong to George Organ a distance of thirteen chains seventy-five links or thereabouts to the southern boundary of the said lands thence in a southerly direction through land believed to belong to Robert Oampboll and William Campbell a distance of twenty-one chains sixty- five links or thereabouts to the southern boundary of the said land thence in the same direction through land believed to belong to Patrick Collins a distance of twenty-five chains ciglity-five links or thereabouts to the southern boundary of the said lands thence in the same direction through lands believed to belong to Sarah Salter a distance of twenty-six chains or thereabouts to the southern boundary of the said land thence in the same direction through land believed to belong to John Cawley a distance of fifteen chains forty links or thereabouts to the southern boundary of said land thence in the same direction crossing Hale’s tramway through land believed to belong to Pllizabeth Colleary to the southern boundary of the said lands thence in a similar direction through lands believed to belong to John Cawley to Bellambi Creek the southern boundary of said lands thence in an easterly direction twice crossing Hale’s tramway a distance of forty-four chaips fifty links or there abouts through lands believed to belong to Thomas Hale to the waters of Bellambi Harbour thence in a northerly direction a distance of nine chains fifty links or thereabouts into Bellambi Harbour.
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