The Mount Keira Tramroad Act of 1860 No mkt (NSW)
An Act to authorize the completion of a Tram-
road from the Mount Keira Coal Mines to
Wollongong Harbour. [23rd May, I860.]
WH E R E A S N ixon and Andrew Tul ip ca r ry ing on business toge ther as coal miners and propr ie tors a t Wol longong in th i s Colony unde r t h e style
Wi l l i am Robson Thomas Wi l l i am Jackson J o h n
and firm of Robson and Co. hereinafter designated " t h e said c o m p a n y " are j o in t lessees of cer ta in coal mines near Wol longong aforesaid called and known by t h e n a m e of " The M o u n t Ke i r a Wal l scnd Coal M i n e s " hereinafter designated " t h e said mines " A n d whereas t h e said company have commenced and m a d e considerable progress in the cons t ruc t ion of a Tramroad for conveying coals from the said mines to t h e H a r b o u r of Wol longong aforesaid for sh ipment t he r e A n d whereas t h e complet ion of t he said Tramroad will be of grea t publ ic benefit in p romot ing the supply of coal for local and general con sumpt ion A n d whereas it is essential to such complet ion t h a t t he said company should be empowered to carry t h e l ine of t h e said T ram- road t h r o u g h cer ta in lands be ing pr iva te p roper ty hereinafter also described upon t e rms a n d condit ions to be de te rmined by Pa r l i amen t Be i t therefore enacted by t h e Queen ' s Most Exce l len t Majesty by and wi th t h e advice and consent of t h e Legislat ive Council and Legislat ive Assembly of N e w South Wales in Pa r l i amen t assembled and by the au thor i ty of t he same as follows—
condit ions a n d subject to t h e provisoes and other enac tments he re inafter conta ined to complete t he cons t ruc t ion of a Tramroad from t h e eas tern boundary of t he lands whereon t h e said mines arc s i tua ted a long the whole l ine commenc ing con t inu ing a n d t e r m i n a t i n g at t h e eastern boundary of lands be longing to t he said Robson a n d Co. as described in the Schedule here to marked A Provided t h a t such Tramroad shall no t occupy in any part, thereof a greater space in b read th than one chain inc lud ing the supports a b u t m e n t s and foun dat ions thereof and t h a t the gauge thereof shall be th ree feet e ight inches
1. I t shall be lawful for t he said company upon t h e t e r m s and
inches Provided also t h a t as to so m u c h of t h e said Tramroad as shall pass a long any road street or other publ ic way t h e rai ls shall not be raised above the level thereof and t h a t sufficient fencing shall be provided for securing t h e publ ic safety.
2. The g round a n d soil of so m u c h of t he site of t h e said;
T ramroad as passes over t h e l ands described in t he said Schedule A toge ther w i th such r igh t of ingress egress and regress upon t h e adjacent lands as shall be necessary for t h e m a k i n g and repai r of t he said T ramroad shall by v i r tue of th i s A c t and wi thou t other assurance in t h e law become and be vested in t he said company and the members thereof for t he purposes of t he said Tramroad Provided t h a t the said T ramroad shall be const ructed and b rough t in to use wi th in one year after t he passing of th i s Ac t and t h a t in default thereof or if after i ts complet ion t he said Tramroad shall cease to be used by the said com pany for one year cont inuously all t h e said lands and all the i r estate and in teres t t he re in shall rever t to t h e respective owners thereof and all t he r igh t s and powers hereby conferred on t h e said company shall cease and de termine Provided also t h a t a t t h e expira t ion or sooner de te rmina t ion of t h e t e r m of lease or renewal of lease which is now held by t h e company as lessees of t he said mines t he Tramway shall become the p roper ty of t h e owners of t h e mines upon the i r paying to t h e lessees a s u m not exceeding t h e a m o u n t of t h e original cost
| of cons t ruc t ion of t he said T r a m w a y or any less s u m to be | deter |
| mined | by arb i t ra t ion | t h e | a rb i t ra tors and | ump i r e | to be appointed | in |
l ike m a n n e r and to have all t he l ike powers and author i t ies as u n d e r the s ix teenth section of th is A c t and their decision to be in l ike m a n n e r final Provided also t h a t all sums which have been al ready paid or which may hereafter be paid by t h e owners of t he said mine towards the a m o u n t of t he original cost of cons t ruc t ion of t he said T ramway shall be t aken in to account a n d allowed for by the said arb i t ra tors or the i r u m p i r e A n d i t is fur ther provided t h a t if in t he exercise of t h e powers hereby gran ted i t be found necessary to cross cu t t h r o u g h raise sink or use any pa r t of any carr iage-road or horse-road so as to render i t impassable for or dangerous or incon venient to t he persons ent i t led to t h e use thereof t h e said company shall before t h e commencemen t of any such operat ions cause a suffi c ient road to be made instead of t he road so interfered with and shall at their own expense ma in t a in such subst i tu ted road in a s tate as convenient as t he road interfered wi th or as near ly so as may be prac t icable and the said company before they use t he said lands respec
| tively for any of t he purposes aforesaid shall if requi red separate t h e | same by a sufficient fence from the land adjoining the re to wi th such |
| gates as may be requi red for t he convenient occupat ion of such land and shall also to all pr ivate roads used by t h e m as aforesaid p u t u p fences and gates in l ike m a n n e r in all cases where t h e same may be necessary to p reven t the s t raying of ca t t le from or upon the lands t raversed by such roads a n d in case of any difference be tween the owners or occupiers of such roads and lands and the said company as to t h e necessity for such fences and gates such fences a n d gates shal l be p u t u p by t h e said company as any two Jus t i ces of t he Peace shall deem necessary for the purposes aforesaid on appl icat ion being made to them. |
3 . The said T ramway shall be open to publ ic use upon p a y m e n t
of a toll to t he said company of any sum no t exceeding two-pence per ton per mile t h e persons seeking t rans i t supplying the i r own t rac t ion power and loading their own t rucks or wagons.
4. P o r t he purposes and subject to t he provisions of th is Ac t i t
shall be lawful for t h e said company to divert or a l ter t h e course of
any road or way crossing the said Tramroad or to raise or sink any
road
road or way in order t h e more convenient ly to carry t he same over or unde r or by t h e side of t h e T ramroad Provided t h a t if t h e said company do not cause ano ther sufficient road or way to be made before; they interfere wi th any such exis t ing road or way they shal l forfeit twen ty pounds for every day du r ing which such subs t i tu ted road shall no t be m a d e after t h e exis t ing road shall have been i n t e r r u p t e d and such pena l ty shall be paid to t he surveyor or o ther person hav ing the m a n a g e m e n t of such road if a publ ic road and shall be applied for t he purposes thereof or in case of a p r iva te road or way t h e same shall be paid to t he owners thereof and every such pena l ty shall be recoverable
wi th costs in t h e Dis t r ic t Cour t of t h e distr ict .
5. I f i n t he course of m a k i n g t h e said Tramroad t h e said
company shall use or interfere w i th any road they shall from t ime to t ime m a k e good all damage done by t h e m to such road a n d if any ques t ion shall arise as to t he damage done to any such road by t h e said company or as to t h e repai r thereof by t h e m such quest ion shall
be referred to t he de te rmina t ion of two Jus t i ces who m a y direct such
repairs to be m a d e wi th in such period as t h e y m a y t h i n k reasonable and m a y impose on t h e said company for n o t car ry ing in to effect such repairs any pena l ty n o t exceeding t e n pounds pe r day as to such Jus t i ces shal l seem fit and any such pena l ty shall be paid to t h e surveyor or o the r person hav ing t h e m a n a g e m e n t of t h e road interfered wi th if a publ ic road and be applied for t h e purposes of such road or if a pr ivate road t h e same shall be paid to t h e owner thereof Provided t h a t t he said Jus t i ces shall have rega rd to and shall m a k e full allow ance for any tolls t h a t may have been paid by t h e said company on such road in t h e course of t h e us ing thereof.
6. W h e n e v e r t h e said Tramroad crosses any publ ic h ighway or
par ish road e i ther such road shall be carr ied over t h e Tramroad or t he same shall be carr ied over such road by a br idge of the he igh t and wid th and wi th t h e ascent or descent hereinafter provided and such br idge w i t h t h e immedia te approaches and all o ther necessary works connected the rewi th shall be executed by and be at all t imes the re after main ta ined a t t h e expense of t h e said company Provided tha t wi th t h e consent of t he Governor w i t h t h e advice of t h e Execu t ive Counci l i t shall be lawful for t he said company to car ry t he said Tram- road across any h ighway on t h e level.
7. U n t i l t h e br idges or o ther p roper communica t ions hereby
requi red be tween lands intersected by t h e said Tramroad shall have been m a d e and no longer t he owners and occupiers of such lands and
any o ther persons whose r igh t of way shall be affected by the wan t of such communica t ions a n d the i r respective servants m a y at all t imes freely pass and repass wi th carr iages horses a n d o ther animals directly b u t n o t otherwise across any p a r t of t he said Tramroad solely for t he purpose of occupying such lands or for t h e exercise of such r igh t of way a n d so as not to obst ruct t h e passage a long the said T ramroad or damage the same Provided t h a t if t h e owner or occupier of any such lands have in his a r r angemen t s w i th t h e said company received or agreed to receive compensat ion for or on account of any such commu nicat ions ins tead of t h e same being formed such owner or occupier or those c la iming u n d e r h i m shall no t be ent i t led so to cross t he said Tramroad .
8. W h e r e v e r t he said Tramroad crosses any publ ic h ighway or
par ish road on a level t h e said company shall erect and a t all t imes ma in t a in good a n d sufficient gates across such road on each side of t he T ramroad where t h e same shall communica te the rewi th and shall employ proper persons to open a n d shu t such gates and such gates shall be k e p t cons tant ly closed across such roads on bo th sides of t he Tramroad except du r ing the t ime when horses cat t le carts or
carriages
carr iages passing a long t h e same shall have to cross such Tramroad and such gates shall be of such dimensions and so const ructed as when closed to fence in t he said Tramroad and prevent cat t le or horses pass ing along t h e road from en te r ing upon t h e Tramroad and the person in t rus ted wi th t h e care of such gates shall cause t h e same to be closed as soon as such horses cattle carts or carriages shall have passed t h r o u g h the same unde r a pena l ty of forty shill ings for every default the re in Provided t h a t i t shall be lawful for t h e Secretary for Publ ic W o r k s in any case in which he shall be satisfied t h a t i t will be more conducive to t he publ ic safety t h a t t he gates on any level crossing over any such road shall be kep t closed across t h e Tramroad to order t h a t such gates shall be kep t so closed instead of across t h e road and in such case such gates shall be k e p t cons tant ly closed across the T ramroad except when locomotives or carr iages passing a long the same shall have occasion to cross such road in t he same m a n n e r and unde r the l ike pena l ty as above directed wi th respect to the gates being kep t closed across t he road.
| 9. I n case of accidents or slips happen ing or be ing apprehended to t h e cu t t ings e m b a n k m e n t s or other works of the said Tramroad | the |
said company a n d the i r w o r k m e n a n d servants m a y enter upon t h e land adjoining the re to a t any t ime for the purpose of repa i r ing or p reven t ing such accidents and may do such works as m a y be necessary for t h e purpose b u t in every such case t he said company shall wi th in
| forty-eight | hours after | such en t ry m a k e a repor t to t h e Secretary for |
Publ ic W o r k s specifying t h e n a t u r e of such accident or apprehended accident and of t he works necessary to be done and such powers shall cease and de termine if t he said secretary shall after considering the said r epor t certify t h a t the i r exercise is no t necessary for t he publ ic safety Provided t h a t such works shall be as l i t t le injur ious to the said adjoining lands as t he n a t u r e of t he accident or apprehended accident will admi t of and shall be executed wi th all possible dispatch and full compensat ion shall be made to t h e owners a n d occupiers of such lands for any loss in jury or inconvenience sustained by t h e m respectively by reason of such works Provided also t h a t no land shall be t aken pe rmanen t ly for any such works otherwise t h a n is here in provided wi th respect to t he l ands originally t aken for t h e
| purpose of | m a k i n g t h e said | Tramroad . |
| 10. Every br idge to be erected for t h e purpose of car ry ing the Tramroad over any road shall be bu i l t in m a n n e r | following— |
The wid th of t h e arch shall be such as to leave t he r eunde r a
clear space of no t less t h a n th i r ty feet if t h e arch he over a publ ic h ighway a n d of twen ty feet if over a par ish road and of twelve feet if over a pr iva te road.
The clear he igh t of t he a rch from t h e surface of t he road shall not be less t h a n sixteen feet for a space of twelve feet if the a rch be over a t u r n p i k e road and fifteen feet for a space of t e n feet if over a publ ic carr iage road and in each of such cases t he clear he igh t at t he spr inging of t he arch shall no t be less t h a n twelve feet and t h e clear he ight of t he arch for a space of n ine feet shall no t be less t h a n fourteen feet over a pr ivate road.
The descent m a d e in t h e road in order to car ry the same under t h e br idge shall no t be more t h a n one foot in th i r ty feet if t he br idge be over a public; h ighway one foot in twenty feet if over a par ish road and one foot in sixteen if over a pr iva te road no t be ing a Tramroad or Rai l road or if t h e same be a Tramroad or Ra i l road the descent shall no t be grea ter t h a n t h e ru l ing gradient of such Tramroad or Rai l road.
4
4 B B 1 1 . 1 1 . 1 1 . Every br idge erected for car ry ing any road over t h e Tram-
road shall be bui l t in m a n n e r following— There shal l be a good and sufficient fence on each side of t he
br idge of not less he ight t h a n four feet and on each sideof t h e immedia te approaches of such br idge of not less
t h a n th ree feet.
The road over t he br idge shall have a clear space be tween the fences thereof of thirty-five feet if t h e road be a publ ic h ighway and twenty-five feet if a par ish road and twelve feet if a p r iva te road.
The ascent shal l no t be more t h a n one foot in th i r ty feet if t he road be a t u r n p i k e road one foot in t w e n t y feet if a parish road and one foot in sixteen feet if a pr iva te road not be ing a T ramroad or Ra i l road or if t h e same be a Tram-
road or Rai l road t h e ascent shall no t be grea te r t h a n the ru l ing gradient of such Tramroad or Rai l road.
12. W h e r e the average available wid th for t he passing of carr iages of any exis t ing road wi th in fifty yards of t h e poin ts of crossing t h e same is less t h a n the wid th hereinbefore prescribed for bridges over or u n d e r t h e ra i lway t h e wid th of such bridges need not be grea te r t h a n such average available wid th of such roads b u t so never theless t ha t such bridges be not of less width in case of a publ ic h ighway or par ish road t h a n twen ty feet Provided also t h a t if a t any t ime after t h e const ruct ion of t h e said Tramroad t h e average available wid th of any such road shall be increased beyond t h e wid th of such br idge on ei ther side thereof t h e said company shall a t the i r own expense increase the wid th of the said br idge to such ex ten t as m a y be requi red by the surveyor or other manage r of such road not exceeding the wid th of such road as so widened or t h e m a x i m u m wid th here in prescribed for a br idge in t he l ike case over or u n d e r t he Tramroad A n d if t h e mesne incl inat ion of any road wi th in two h u n d r e d and fifty yards of t he point of crossing t h e same or t h e incl inat ion of such por t ion of any road as may be requi red to be a l tered or for which ano the r road shall be subs t i tu ted shal l be steeper t h a n t h e incl inat ion hereinbefore requi red to be preserved the said company may carry any such road over or u n d e r t he Tramroad or cons t ruct such a l tered or subs t i tu ted road or a n incl inat ion not steeper t h a n t h e said mesne inclination of t h e road so to be crossed or of t he road so requ i r ing to be a l tered or for which another shall be subs t i tu ted .
13 . The said company shall m a k e and a t all t imes thereaf ter
ma in t a in t h e following works for t he accommodat ion of owners and occupiers of lands adjoining t h e said T ramroad— Such and so m a n y convenient gates br idges arches a n d passages over unde r or by t he side of or leading to or from the Tramroad as shall be necessary for t he purpose of m a k i n g good any in te r rup t ions caused thereby to t he use of t h e lands t h r o u g h which t h e same shall be m a d e a n d such works shall be m a d e for thwith after t h e pa r t of t he Tram- road pass ing over such lands shall have been laid out or formed or du r ing t h e foundat ion thereof.
All sufficient posts rai ls br idges di tches m o u n d s or o ther fences
for separa t ing t h e land t a k e n for t h e use of t he T r a m r o a d from the adjoining lands no t t a k e n and p ro tec t ing such lands from trespass or t he catt le of t he owners or occupiers thereof from s t ray ing the reon by reason of t he Tramroad toge ther w i th all necessary gates made to open towards such adjoining lands and no t towards t he T ramroad and all necessarv stiles and such posts rails and o ther fences
shall
shall be made for thwith after t h e t a k i n g of any such lands if t he owners thereof shall so requi re and the said other works as soon as convenient ly may be.
Also all necessary arches tunne l s culver ts drains or other passages ei ther over or unde r or by t he sides of the Tram- road of such dimensions as will be sufficient at all t imes to convey the water as clearly from the lands lying near or affected by the Tramroad as before t h e m a k i n g thereof or as near ly so as may be and such works shall be made from t ime to t ime as t he works proceed.
Also proper wate r ing places for cat t le or compensat ion in lieu thereof where by reason of t he Tramroad t h e cat t le of any person occupying any lands ly ing near there to shall be deprived of access to the i r former wa te r ing places and such water ing places shall be so m a d e as to be at all t imes sufficiently supplied wi th water as theretofore and as if t he said Tramroad had not been made or as near ly so as may be and t h e said company shall m a k e all necessary water courses and drains for t h e purpose of conveying water to t he said water ing places.
Provided always t h a t the said company shall not be requi red to m a k e such accommodation works in such a m a n n e r as would p reven t or obst ruct t he work ing or us ing of t he Tramroad nor to m a k e any accommodat ion works wi th respect to which the owners and occupiers of t h e lands shall have agreed to receive and shall have been paid
| compensat ion ins tead of the i r be ing | made . |
1 1 . I f any person omit to shut and fasten any gate set u p at
e i ther side of t h e Tramroad for t he accommodat ion of t he owners or occupiers of t he adjoining lands so soon as he and t h e carr iage cat t le or o ther animals unde r his care have passed t h r o u g h t h e same he shall forfeit for every such offence any sum not exceeding two pounds to be recovered before any two Jus t ices of t he Peace.
15. The said company shall no t be ent i t led to any mines of coal i ron stone slate or other minera ls unde r any land whereof the surface is vested in t h e m by this Ac t except only such par t s thereof as shall be necessary to be dug or carried away in t he construct ion of t he works hereby author ized and such mines shall not be deemed to vest in t he said company.
16. I f wi th in twenty-e ight days after t he passing of th is Act
t he said persons t h r o u g h whose lands the Tramroad shall pass or any
| of t h e m and the promoters shall no t agree as to t he a m o u n t of compen | sation to be paid by t h e m for t he said lands be longing to t h e said | |||||
| par t ies or any of t h e m or for any damage t h a t may be sustained by | ||||||
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| ment ioned ( that is to say)—Each d isputant shall n a m e an arbi t ra tor and such arb i t ra tors shall before proceeding to arbitrate; n a m e an umpi re to act in case of the i r d isagreement and such arb i t ra tors and umpi re shall have all t h e usua l powers and author i t ies as to examining par t ies and witnesses and all o ther usua l powers incident to arbi t rat ions generally and the i r decisions shall be final. | ||||||
| 17. This A c t shall be deemed to bo a publ ic Ac t and shall be styled and m a y be cited as " The M o u n t Ke i ra Tramroad A c t of 1860." |
SCHEDULE A
SCHEDULE A.
A PIECE or parcel of land one chain in width commencing at the Osborne "Wallsend Coal Mines at Mount Keira Illawarra in the county of Camden and Colony of New South Wales and extending in over and through lands of the late Henry Osborne Esquire also passing under a reserved road leading through the Mount Keira Estate also in over and through lands of Andrew Thompson Esquire also extending through lands known as "Bustle Farm" formerly granted to Charles Thresby Smith Esquire and now vested in Michael Hindmarsh and David Johnstone as Trustees and hereinafter styled " the said trust lands " commencing on the west side of Bulli Road to a point on the east side of the said road four chains and fifty-five links from the north-west corner of the said Bulli lload at its junction with Kcira-street thence witli a slight curve northward through the said trust lands to a point on the west side of Kcira-street aforesaid three chains and forty-five links north of its junction with the Bulli Road thence also through the said trust lands in a direct line to a point on the cast side of Conimal-strect four chains and ten links north of its junction with Smith-street with a slight curve to the north to the south-cast corner of Campbell-street and thence in an almost direct line through the aforesaid trust lands to a point on the eastern boundary of the said trust lands abutting on the lands belonging to Bobson and Company and terminating at a point four chains and fifty links north-west of the north-west corner of Harbor-street.
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