The Lithgow Valley Colliery Railway Act (1873 No lvc) (NSW)

37“ VIC. 1873.

Lithgolo Valley Colliery Railioay.

cSXTSvYt .Aii Act to authorize the construction by Patrick Hi«* îns of Sydney in the Colony of New South Wales Esquire John Busby of Bathurst in the said Colony Esquire Edward Cell of the same place Esquire Thomas Talbot Wilton of Sydney afore­ said Esquire and Edward Combes of Glaiimire near Bathnrst aforesaid Esquire of a Bailway from land belonging to them over a Boad known as Bell’s line of Boad so as to form a connection with the Great W estern Bail way. [20̂ /̂ November, 1873.]

Preamble. XTTHEREAS Patrick Higgins Jolm Busby Edward Gcll Thomas

Talbot Wilton and Edward Combes (hereinafter styled the said promoters) have opened certain coal mines and established a colliery on a parcel of land situated at Lithgow Valley in the County of Cook in the Colony of New South Wales known as the Lithgow Valley Colliery And whereas the said promoters have constructed a railway for conveying coals from the said mine to the Great Western Railway for transmission from thence And whereas the said railw'ay will be of great publie benefit in promoting the supply of coal for local and general consumption and exportation And whereas the line of the said railway crosses a certain road known by the name of Bell’s line of road hereinafter deseribed although with this exception constructed entu’ely on the lands of the said promoters and it is essential tliat the said promoters should be empowered to continue the line of the said railway across such road upon terms and conditions to be determined by Parliament 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 Whales in Parliament assembled and by the authority of the same as follows ;—

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Company may cross	1. I t shall be lawful for the said promoters upon the terms and conditions and subject to the provisoes and other enactments herein­ after contained to continue and use the railway already so constructed as abovementioned and to run locomotive engines trucks vans and other carriages thereon at a speed not exceeding the rate of eight miles per hour across and over the said road known as the Bell’s line of road at the points particularly indicated in the Schedule hereto Pro­ vided such railway shall not occupy in any part thereof along the said road a greater space in breadth than one chain and that the gauge
Bell’s line of road.
Proviso.	thereof shall be four feet eight and a half inches Provided also that the said Bell’s line of road shall be of a grade of not greater than one in twelve at the point of intersection with the said railway.
Railway open to the	2. The said railway shall at all times when not in actual use by the said promoters be open to the public upon payment of threepence per ton for every transit the persons seeking transit to supply steam locomotive power trucks waggons &c. and to load and unload the same but the empty trucks to be conveyed on their return free of cost Provided that if the said promoters shall employ locomotive engines of
public.

their

1873.   37̂ VIC.

Liihgoio Valley Colliery Hallway.

their OAvn upon the said raihvay then in such case the said promoters sliall supply the locomotive power to persons seeking' transit and shall he entitled to charge the sum of Iburpcnco per ton for (wcry transit Provided that if the said railway shall l)e damaged in any way by parties using the same the said promoters shall he entitled to compen­ sation for such damage to he recovered in the Supreme Court or any other competent Court and in estimating such damage the said promoters shall he entitled not only to compensation for the cost of r<;pairing and restoring such railway hut to the consequential damage if any sustained by reason of suspension of transit.

3. The following words and expressions in this Act shall have interpretation clause,

the moaning hereby assigned to them—

The word “ Promoters” shall mean the said “ Patrick Higgins John Bushy Edward Gcll Thomas Talbot Wilton and Edward Combes.”

The Avord “ Eaihvay ” shall mean the railAA-ay hereby authorized

to he constructed or continued.

The word “ Road” shall m ean the road knoAvn as Bell’s lin e of

road.

And in citing this Act it shall he sufficient to use the expression

“ The LithgOAV Valley Colliery Raihvay Act.”

The Avord “ Justice” shall mean Justice of the Peace in and for

the Colony of R cav South Wales.

4. This Act shall he deemed and taken to he a Public Act and Act to be deemed a

shall he judicially taken notice of as such by all Judges Justices and

others AA’ithout being specially pleaded.

SCHEDULE.

Commencing at a point at the intersection of the western rail of such railway with the northern alignment of such road distant seventy-six links bearing south seventy- five degrees west to the south-west corner of one acre two roods and twenty-six perches being portion of certificate of title volume ex A 'i folio forty recently transferred from Thomas Brown to a point at the intersection of the western rail of the said railway with the southern alignment of the said Bell’s line of road distant forty-two links (parallel to the above lino of seventy-six links) from the intersection of the last-mentioned alignment with the western boundary of twenty acres conveyed to the promoters by an indenture bearing date the twenty-fourth day of October oue thousand eight hundred and seventy-two made between Thomas Sheedy and Johanna his wife of the one part and the said promoters of the other part all such dimensions being considered little more or less.

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