The Minmi and Hexham Railway Act Amendment Act (1861 No mhr) (NSW)

1861. 24'̂ VIC. 591

M im ii and Hexham Hailway.

An Act to amend the Minmi and Minmi and H exham

R ailway.

Railway Act. [lOtJi May, 1861.]

\ \ J nEREAS in the eighteenth year of the reign of Her present I’reambie. V V Majesty an Act was passed which it was thereby enacted miglit is vie.

word “ promoters” was to imian John Ealcs and John Christian their

heirs and assigns And whereas by an indenture dated on or about

tlvc fourteenth day of December one thousand eight hundred and hfty-

nine and made bi'twecn the said John Eales and Jane his wife of the

first part the said .lohn Christian of the second part and dames Brown

and Alexander Brown tlu'rein mentioned to carry on business together

in partnership under the firm of James and Alexander Brown of the

tliird part they tlie said John Ealcs and John Christian did grant

bargain sell alien release and confirm unto the said James Brown

and Alexamhn* Brown and theii' heirs (amongst other things) thi;

land described in the Sclnxlule to the said Act and all the legal

equitable beneficial and other estate right title and interest what­

soever of the said John Eales and John Christian and of each of them

under or by virtue of tlie said Act And whereas further land in tlie

vicinity of the said railway is required for the purposes thereof but

there! are no persons in this Colony competent to sell and convey tlu!

said land so as to make a good title thereto Be it therefore enactt!(l

by the Queein’s most Excedlent Majesty by and with the advice anti

consent of the Legislative Council and Legislative Assembly of New

be; (rited as “ The Minmi and Hexham Hailway Act” and in which thed.̂ uwaŷ Act̂ ̂ same as follows—

1. Upon payment at any time Avithin one year after the passing Laiuivestea in

of this Act into the hands of the Master in Equity of the compensation hereinafter referred to the fee simple in possession of the lands dcsci-ibed in the Schedule to this Act shall by virtue of this Act and without the necessity of any conveyance be vested in the said James Brown and Alexander Brown their heirs and assigns.

2. The amount of thc! compensation for the said lands to be Comiiensation.

paid by the said James Brown and Alexander Brown their heirs or

assigns shall be detei’mined in manner hereinafter specified.

;i. Upon application by the said James BroA\m and A l e x a n d e r MpointnKnt of

BroAvn their heirs or assigns to a Judge of the Supreme Court seven	'
days notice of the intention to apply on a day therein riamed having first been given in the Gazette such Judge shall by order in writing appoint some (!om])etcnt person to be valuator for the purposes of this Act.

J. The valuator shall determine the amount of the said com- Valuator to deter-

pensation Provided that if he shall estimate the compensation at less than that sum A\diich AÂ ould be the price of the Avholc of the land taken by this Act upon a calculation of eighty pounds per acre for every part tlien:of then such sum calculated at ('ighty pounds per acre shall be the amount of the compensation.

5. The valuator shall annex to bis valuation a certificate in . Valuator’s oeitmcato and declaration.

writing subscribed by him of the correctness thereof and he shall' before commencing the valuation make and subscribe in the presence of one Justice of the Peace a declaration to be written at the foot of the said order and to be to the following efiect viz.—

“ I A. B. do solemnly tind sincerely declare that I have no

“ interest directly or indirectly in the property to which

“ the above order relates nor in the matter of the valuation

“ thereof

592 24 ̂ VIC. 1861.

Minmi and Hexham Hailioay.

thereof and that I will honestly faithfully and impartially according to the best of my skill and ability execute the duty of making the valuation by the said order referred to me.

A. B.

“ Declared and subscribed in the presence of

Pnnislimeiit for liis

And if the declarant shall corruptly make such declaration or having

niiaconduct.

made such declaration shall wilfully act contrary thereto he shall be

guilty of a misdemeanor.

Directions to

0. In estimating the amount of compensation rtigard shall ht; had by the valuator not only to the value of the lands purchastul or taken hut also to the damage (if any) to be sustained by the owner or owners of the lands by severing the lands taken from the other lands of such owner or owners or by otlierwise injuriously affecting such other lands by the exercise of the powers of this Act and the valuator shall assess the same according to what he shall find to have been tin; value of such lands at the time of the passing of this Act and without reference to any alteration in such Value arising from Avorks or improvements made under the authority of this Act.

valuator.

Appointment k c . in

7. The order appointing the valuator and his declaration A^aluation and certificate shall all he made in duplicate and onĉ sei. thereof shall or may he retained by the said James Brown and Alexander Brown their heirs or assigns and the other set tluu'cof shall be delivered to the Master in Equity at the time of the payment to him of the said compensation as hereinafter provided.

duplicate.

t'osts of valuation

&c.

8. The costs and expenses of the appointment of the valuator and of the valuation shall he paid and borne in such manner as the Judge appointing the A âluator shall direct.

Compensation to be

paid to Master in

9. The amount of the said compensation shall be paid into tlu ̂ hands of the Master in Equity to be by him deposited to tlie account of such Master in the matter of this Act in accordance with tlie method prescribed by any Act or by any rules for the time being in force for regulating moneys paid into the Supreme Coui’t in its equitable jurisdiction.

Kipiit)’.

Payment to Master

a good discharge.

10. The payment of the said compensation money into the hands of the Master in Equity shall he a good and valid discharge to the said James BroAim and Alexander Brown their heirs or assigns and they shall not he hound or required to see to the application of the said money.

Compensation how

to be paid out of

11. The money which shall he paid into the hands of the Master in Equity may he invested in manner hereinafter authorized or may upon an order of the said Supreme Court or any Judge thereof he applied in or towards the discharge of any debt or incumbrance affecting the land in respect of which such money shall have been paid or affecting other lands settled therewith to the same or the like uses trusts or purposes or in or towards the redemption of the quit rent of any such land or lands or in payment to any person or persons being or becoming absolutely entitled to such money.

Court,

Investment.

12. Until such money shall have been so applied it may upon a statement of facts being left in the Master’s office and AAuthout the necessity of any order be inA êsted in the name of tlie said Master Avith his approbation in or upon Government or real securities and the interest dividends and annual proceeds of every such investment shall be paid in such manner as the said Court or Judge shall order.

Costs of investment,

13. The respecth’e costs of once investing the said momw in or on real securities and of once investing the said money in or on Government securities shall he taxed by the said Master Avho shall certify to whom such costs ought to he paid and such costs respectively shall within fourteen days after taxation he paid by the said James

BroAvn

1861. 24 ̂ VIC. 593

Minmi and Hexham Hallway.

BroAvn and Alexander BroAvn their heirs or assigns unless the said

Court or Judge shall order to the contrary.

14. Thc! said Court or Judge may make any order which shall set!m lit for enforcing payment of or otlierwise howsoever in respr'ct costs or

’ ' '

to the said r('S])e(;tive costs or any part thereof.

1 5 . I t shall he lawful for the said Court or Judge to order t l u ; as to other

said James Brown and Alexander Brown their ludrs or assigns to pay tlio costs of not more than two ordtn-s for payment of interest dividends or annual proceeds of the sccurilit's in or on which the said money shall he invested :ind the costs of not more than one order for tint payment out of Court of the jirincnpal of the said money or for the transfer and delivery of such securities to the jiarties entitled including tl)(̂ costs of such transfer and delivery Imt excluding any costs ivhicli may be occasioned hy litigation hetween adverse claimants.

IG. Any order authorized hy this Act may he made hy the said Orders on petition m

Court or Judge upon petition or motion. motion.

17. Any petition or motion may he presented or madt; and any who mny petition

state of facts may he left hy any person or persons who would have ht^eii entitled to the rents and profits of the lands in respect of which tin; said money shall luiA’c been paid or hy any other person or persons who may a])pear to he in anywist; interested in the said money or hy tlu! said Jamt's Brown and Ah'xander Brown their lieirs or assigns.

]8. If any person shall wilfully or maliciously and to the pr(.>- Afuiicions injuries

judiec of the said James Brown and Alexander Brown or eitluir of''‘‘̂̂'

ihern or the lunrs or assigns of them or either of them break injurt!

damage throw down destroy steal carry or take aAvay any ]>art of any

railway or any building or other work or shall to the danger of lib;

Avilfully or maliciously throAV cast or place anything across or upon

any line of raihvay ev('ry person so offending shall or laAvfully may be apprehended and detained by any person or persons whomsoevt'f until such offend('r can be convenicmtly taken before a Magistrate and ev(ny such offender being lawfully convicted shall be liable at tlu‘ discretion of the Court to be punished by fine or imprisonment Avith or without hard labor.

1 9 . I f any person shall Avilfully obstruct or impede any officer wiicni oastructioug

th(‘ni or the heirs or assigns of them or either of them in the execu-

f ion of his duty Aipon any raihvay or upon or in any of the stations

or ofh(3r Avorks or premi.ses connected thereAvith or if any parson shall

or agent of the said dames BroAvn and Alexander BroAvu or (‘ifher of**̂ works or premise's connected thercAvith and shall refuse or lU'glect to (put the same upon request to him made by any such officer or agent as aforesaid every person so offending and all otlu'rs aiding or assisting therein shall and may be seized and (hdained by any such officer or agent or any person Avhom he may call to his assistance until such offender or off(‘iid(‘rs can be coiiA (‘ni(‘ntly taken Ix'fon; soin(' Justice of the Ik̂ ace in the district or place wlu'rein such offence shall he com­ mitted and when convicted before such Justice as aforesaid (w ho is herehy authoriz(‘d and requir('d u])on complaint to him to tak(‘ cogni­ zance tlmreof and to act summarily in the premises) shall according to the discretion of such dustice forfeit to Her Majesty any sum not exceeding five pounds nor less than one pound.

20. The several provisions of the Minmi and Hexham BailAvay WoUs for lenciit

Act having reference to the construction of bridges OA cr roads and

to the works by the said Act rfHjuirod to be done for the accommodation of owners and oceupi(u\s of land adjoining the raihvay and to divu'rting altering and ci’ossing roads shall be ohseiwed by the said dames BroAvn and AltAxander BroAvn their heirs and assigns in making and continuing to the River Hunter such ncAV branches of the Minmi and Hexham

4 V Railway

594 24̂ ’ VIC. 1861.

Minmi and Hexham Mailway.

Eailwaj^ as they may find expedient and in proceeding with their other works and shall he incorporated in this Act and shall apply to the future works of the said James Brown and Alexander Brown their heirs and assigns.

Limitation of actions	21. No action oi‘ suit at law or in equity shall he brought or prosecuted against the said James Brown and Alexander Brown or either of them nor the heirs or assigns of them or either of them or any of their or his officers agents deputies assistants or servants for any act matter or thing which shall he done under or hy eolour of the Minmi and Hexham Bailway Act or this Act unless such suit or action shall he commenced within six months next after the offenee shall have been eommitted or cause of action accrued and notice in writing of such action and the cause thereof shall he given to the defendant or defendants one calendar month at least before the com­ mencement of the action and the defendant or defendants in every such action may plead the general issue and give this Act with or without the Minmi and Hexham Bailway Act and the special matter in evidence.
and suits.
Public Act ami short
title.	22. This Aet shall he deemed and taken to he a public A(;t and shall be judicially taken notice of as such by all Judges Justices and others without being speeiaUy pleaded and may be cited as “ The Minmi and Hexham Bail way Act Amendment Act.”

SCHEDULE.

The undermentioned lands respectively situate in the parish of Hexham in the county of

Northumberland in the Colony of New South Wales namely—

Lot No. 1.

Commencing at the junction of the north side line of the Minmi and Hexham Railway with the east side line of the Government road from Newcastle to Maitland and bounded on the west by the east side line of said Government road for a distance of five chains seventy links or thereabouts bounded on the north by a line bearing north forty-six degrees east for a distance of five links to the western bank of the river Hunter bounded on the oast by the west bank of the said river for a distance of seven chains sixty links or thereabouts to the north boundary line of the said Minmi and Hexham Railway and bounded on the south by the north boundary line of the said railway for a distance of three chains or thereabouts to the point of commencement and containing three roods thirty perches more or less.

Lot No. 2.

Commencing at a point nine chains fifty links easterly from the junction of the cast side line of the Great Northern Railway with the northern side line of the Minmi and Hexham Railway and bounded on the west by a line bearing north forty-six degrees east for a distance of ten chains seventy-five links or thereabouts to the west side line of the Govern­ ment road from Newcastle to Maitland bounded on the east by the west side line of the said Government road for a distance southerly of six chains twenty links or thereabouts to the north side line of the Minmi and Hexham Railway and bounded on the south by the north side line of the said Minmi and Hexham Railway to the point of commencement a distance of twelve chains thirty links or thereabouts and containing three acres one rood one perch more or less.

Lot No. 3. ,

Commencing at the junction of the southern side line of the Minmi and Hexham Railway with the northern side line of Messrs. James and Alexander Brown’s fifty acres bounded on the north by the southern side line of the Minmi and Hexham Railway for a distance easterly of nine chains or thereabouts bounded on the east by a line bearing south fifteen degrees east for a distance of two chains eighty-five links or there­ abouts to the northern side line of said fifty acres bounded on the south by the northern boundary lino of said fifty acres to the point of commencement for a distance westerly of nine chains fifty links or thereabouts and containing one acre one rood five perches more or less.