Warwick Farm Railway Act Extension Act 1911 (NSW)
Soutfj Sillales.
ANNO 8ECUND0
GEOEGII Y EEGIS.
| * * * * * * * * * * * * *-*•***■**-* 5iM | :- * * * * * * * * * * * * * * * * * * * * * |
| An Act to continue and amend the provisions vvahw | .ck | farm |
| lU ii.wAY | A ct |
| of tlie Warwick Faini Fail way Act, vdiereby | E xtknsion'. |
| tlie construction and control of a raihvay from and connecting tlie line of railway from Sydney to Liverpool, at a point between tlie Liverpool and Cabramatta railway stations, to and with the Warwick Farm race-conrs.e was authorised; and for purposes consequent thereon or incidental thereto. |
| [30 7̂ | / Sepfemher, 1911.] |
T ’TTIIEE-EAS in the fifty-third year of tlie rei^n of Her late Majesty PicamWe.
Queen Victoria an Act Avas passed entitled the 'Wanvick Farm Railway Act, in AA’hich it was therehy enacted that it should he laAAd’ul for EdAvin Ernest Allan Oatley and John Tliompson, their heirs, executors, administrators, or assigns, upon the terms and conditions, and subject to the proA'isions thereinafter contained, to make, con struct, and control a railway for convoying the passengers, their luggage, and other goods, stock, and material, from a point on the line
W
| a | of |
Act, 1911.
Warwick Farm FLailway Act Extension.
of railway from Sydney to Liverpool, at a point between the Liverpool and Cabramatta railway stations, and with the Warwick Farm race course, and thence by the lines described in the Schedule to that Act, and to etTect a junction between the said line of railway from Sydney to Liverpool and the Warwick Farm race-course, in accordance with section ninety-nine of the Government llailways Act of 1858, and to take and use so much of the streets, roads, or land referred to in the said Schedule as might be required for the purposes of such railway, but so that the same shall not occupy, in any part thereof, a greater space in breadth than fifty feet, including the support and foundations thereof : Provided that the said railway should be completely con structed between the points above indicated, and brought into use within one year from the passing of that A ct; and the same should be constructed in a proper and workmanlike manner; and that the said Edwin Ernest Allan Oatley and John Thompson, their heirs, executors, administrators, or assigns should, at his or tlieir cost, forth with, upon the request in writing of the Commissioners for Railways, efficiently construct and thereafter maintain such sidings upon the said railway as the said Commissioners sliould consider necessary for the proper and convenient Avorking of the said railway; and should have all necessary rights of ingress and egress to and over the surface of the streets, roads, and lands before referred to, and all such other rights as should be required for the construction, repair, completion, and use of the said raihAmy ; and that tlie gauge of the said railway shall be same gauge as the Government railways ; and that the railway should throughout its course be laid at tlie general level of the said streets, roads, and lands, and throughout the whole extent of the said railway should be laid with rails subject to the approval of the Commissioners for Railways ; and that Avhere the railway should cross any public highway, parish road, on a level, the said Edwin Ernest Allan Oatley and John Thompson, their heirs, executors, adminis trators, or assigns should erect, and at all times maintain, good and sufficient gates across such road on each side of the railway, Avhere the same shall communicate there with, subject to certain provisions therein contained; and that the said railw ay should be open to public use upon payment of the tolls or charges following, that is to say : For passeug<^rs a sum not exceeding sixpence per head each way ; for goods the same rate per mile as are charged on the Government railways, and for this purpose such railway shall be deemed to be a continuation of the Government railway between Sydney and Liverpool; and that the said Edwin Ernest Allan Oatley and John Thompson, their heirs, executors, administrators, or assigns should maintain in perfect order and repair the said railway and the pavements of the same between the rails of the said railu^ay, where crossing any roads, and for the space of one foot six inches on each
| ' | ■ | side |
| Act, 1911. | 8 |
Warwick 'Farm llailway A ct Extension.
side of sucli rails; and that tlie said Edwin Ernest Allan Oatley ami
John Thompson, their heirs, executors, administrators, or assigns
should immediately repair any damage which may during or hy reason
of the construction of the said railway be occasioned to any sewer or
drain, or gas or water-main, or property, and should also repair all
| damage which may he occasioned by the working of tlie said railway : | , : 4 |
| And whereas, in pursuance of the powers for that purpose contained | |
| in the said Act, the said Edwin Ernest Allan Oatley and John | |
| Thompson, their heirs, executors, administrators, and assigns did, |
| within the term of one year from the passing of the said Act, make | • |
| and construct the said railway with all proper works and conveniences thereby authorised to ho made, and did upon the terms and conditions and subject to the ]irovisions in the said Act contained, make, construct, and control the said railway, and did in every way comply with the provisions of the said Act: And whereas, by the terms of the first section of the Warwick Earm llailway Act, the provisions therein, contained, authorising the said Edv/in Ernest Allan Oatley and John Thompson, their heirs, executors, administrators, and assigns to make, construct, and control the said railway in manner therein provided were therehy limited to a term of twenty-one years from the passing of the said A c t: And whereas the said term of twenty-one years has expired, and it is expedient to authorise the continuance of the construction, maintenance, and control of the said railway upon the like terms and conditions, and subject to the like provisions as those contained in the Warwick Earra Etailway Act, and an Act of the Legislature is necessary for that purpose : And Avhercas the said John Thompson is dead, and all his legal, equitable, beneficial, and other estate, right, title, and interest whatsoever, under or by virtue of the said Act, has become vested in tlie said Edwin Ernest Allan Oatley, his heirs, executors, administrators, and assigns : Be it therefore enacted hy the King’s Most Excellent Majesty, by and Avith the advice and consent of the Legislative Council and Legislative Assembly of New South M^alcs in Parliament assembled, and by the authority of the same as folloAvs :— |
1 . This Act may be cited for all purposes as the “ Warwick short, title.
Earm Railway Act Extension Act 1911.”
2 . I t shall be laAvful for the said Edtvin Ernest Allan Oatley, Authority to
| his heirs, executors, administrators, or assigns, upon the terms and construct and | coDtrol railway. |
| conditions, and subject to the provisions hereinafter contained, to make, conduct, and control a railway for conveying the passengers, their luggage, and other goods, stock, and material, from a point on the line of raihvay from Sydney to Liverpool, at a point between Liverpool and Cabramatta raihvay stations and Avith the “Warwick Earm race-course, and thence by the lines described in the Schedule to this Act, and to etfect a junction between the said line of raihvay |
from
Act, 1911.
Warwick Farm Raihcay Act Extension.
from Sydney to Liverpool and the Warwick Farm race-course, and to take and use so much of the streets, roads, or land referred to in the said Schedule as may he required for the jmrposes of such railway, hut so that the same shall not occupy, in any part tlicreof, a "reater space in breadth than fifty feet, including the support and foundations thereof.
| Blings. | 3 . The said Edwin Ernest Allan Oatley, his heirs, executors, administrators, or assigns shall, at his or their cost, forthwith, upon the request in writing of the Chief Commissioner for Railways and Tramways efficiently construct and tlicreafter maintain such sidings upon the said railway as the said Chief Commissioner shall consider necessary for the proper and convenient working of the said railway. |
| Entry upon streets, | 4 . The said Edwin Ernest Allan Oatley, his heirs, executors, administrators, or assigns shall have all necessary rights of ingress and egress to and over the surface of the streets, roads, and lands, before referred to, and all such other rights as are required for the construction, repair, completion, and use of the said railway : Provided that nothing herein contained shall impair or he held to impair the lawful authority of the IMunicipal Council of the Municipality of Liverpool or of any otlier corporation, company, or person to make all entries and exercise all other powers necessary for the construction, maintenance, control, and preservation of gasworks, Avaterworks, sewerage-Avork, and other works laAvfully constructed under ground. |
| ic . | |
| Gauge. | 5 . The gauge of the said railway shall be same gauge as the GoA'ernment railways. |
| Level. | 6 . The railway shall throughout its course he laid at the general level of the said streets, roads, and lauds, and throughout the Avhole extent of the said raihvay shall he laid Avith rails subject to the approval of the Chief Commissioner for Railways and TramAvays. |
| Crossings. | 7 . | Where the railway shall cross any public road, on a level, the |
said EdAAun Ernest Allan Oatley, his heirs, executors, administrators or assigns shall, to the satisfaction of the Council of the Municipality of Liverpool, erect, and at all times maintain, good and sufficient gates across such road on each side of the railway, Avhere the same shall communicate therewith, and shall cnqiloy proper persons to open and shut such gates, and such gates shall be kept constantly closed across such I’oads on both sides of the raihvay except during the time when horses, cattle, carts, or carriages passing along the same shall have to cross such raihvay, and such gates shall he of such dimensions and so constructed as Avhen closed to fence in the raihAny, and prevent cattle or horses passing along the road from entering upon the railway, and the persons entrusted Avith 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 shillings for every default therein : Provided ahvays that it shall be lawful for the Chief Commissioner for Railways and Tramways in any case in Avhich he
shall
Act, 1911.
Warwick Farm Failway Act Extension.
shall be satisfied that it will he more conducive to the public safety that the gates on any level crossing over any such road shall be kept closed across tlie railway, to order that sucli gates shall be kept so closed, instead of across the road. And in such cases such gates shall be kept constantly closed across the railway except when engines or carriages passing along th.c railway shall have occasion to cross such road or railway in the same manner and under the like penalty a.s above directed with respect to the gates being kept closed across the road.
8. The said railway shall be open to public use upon payment R.iiiw.ay to be open
| of the tolls or charges following, that is to say :— | to public. |
Tor passengers, a sum not exceeding sixpence per head each way. Tor goods the same rates per mile as are charged on the Govern
ment railways, and for this purpose such railway shall be. deemed to be a continuation of the Government railway between Sydney and Liverpool.
9 . The said Edwin Ernest Allan Oatley, his heirs, executors. Works for benefit o
administrators, and assigns sliall make, and at all times thereafter maintain, for the accommodation of the owners and occupiers of land.s adjoining the said railway, that is to say :—
Sucli and so many convenient gates, bridges, arches, culverts, a n d Gates, bridges, &c.
passages over, unth'r, or liy tlie 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 railway shall be made, and such works shall be inailc forthwith after the part of the railway passing over such lands shall have been laid out or formed, or during the formation thereof.
All sufficient ]iosts, rails, hedges, ditches, mounds, or other fences 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 horses or cattle or the owners or occupiers thereof from straying thereout 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 such lands, if the owners thereof shall so require, and the said other works as soon as conveniently may be.
Also all necessary arches, tunnels, culverts, drains, or other Drains,
passages cither ovei’, or under, or by the sides of the railways of such dimensions as will be sufficient at all times to convey the waters as clearly from the lands lying near or affected by the railways as before the making of the railway, or as nearly so as may be, and such works shall be made from
| time to time as the railway works proceed: | Provided |
6 Act. 1911.
Wanoick Farm Bailioay Act Extension.
Provided always that the said Edwin Ernest Allan Oatley, his heirs, executors, administrators, or assigns shall not he required to make such accommodation works in such a manner as would prevent or obstruct the working or using of the raihvay, nor to make any accommodation works with respect to which the owners and occupiers of the lands shall have agreed to rcccivi? and shall have been paid compensation instead of making them.
| Penalty on persons | 1 0 . If any person omit to shut and fasten any gate shut up at either side of the railway for the accommodation of the owners or occupiers of the adjoining lands, so soon ns he and the carriages, cattle, or other animals under his care have passed tlu’ough the same, he shall forfeit for every such olTcncc any sum not exceeding forty shillings. |
| gates. | |
| roads. | |
| Maintenance cf | 1 1 . The said Edwin Ernest Allan Oatley, his heirs, executors, administrators, and assigns shall to the satisfaction of the Council of the Municipality of Liverpool form and maintain the wLolc of the space of the I’oadway between any gates on each side of the railway across any road, and where the gates arc placed across the railway for the whole of the space between and on cither side of the rails for the whole width of such gates. Anj ̂ work required hy the said council to he performed in accordance with this section shall be completed within seven days of the receipt of a notice from the eouncil, and if default he made the council may perform such work and recover from the said Edwin Ernest Allan Oatley, his heirs, executors, adminis trators, or assigns the expenses so incurred as a debt. |
| Repairs of damage | |
| to sewer.*, &c. | 1 2 . The said Edwin Ernest j\.llan Oatley, his heirs, executors, administrators, and assigns shall immediately repair any damage which may during or hy reason of the construction of the said railway be occasioned to any sewer or drain, or gas or water main, or property, and shall also repair all damage which may he occasioned hy the working of the said railway. |
| Loconiotivos to 1)C | |
| employeil. | 1 3 . I t shall be lawful for and incumbent upon the said Edwin Ernest Allan Oatley, his heirs, executors, administrators, and assigns, subject as aforesaid, to provide, use, and employ locomotive engines or other moving power and carriages and wagons to be drawn or propelled thereby, and to carry and convey upon the said railway all such passengers and goods as shall be offered for that purpose, and to charge the tolls and charges in respect thereof as above specified : Provided that all such tolls and charges he at all times charged equally to all persons, and after the same rate in respect of all passengers and of all goods of the same description, and no reduction or advance in anj'̂ such tolls shall he made either directly or indirectly in favour of or against any particular company or person travelling upon or using the said railway. |
omitting to fasten
Act, 1911.
Wanoick Farm Railway Act Extension.
| 14. | The Chief Commissionev for Railways and Tramways TUnning po | * | ‘ | ~ | - | - | . | . | . | . | . | l l ie (^oniinisi |
| shall at all times hereafter upon twelve hours’ notice in writing | ‘ |
for Kaihvjiys.
the said Edwin Ernest Allan Oatley, liis heirs, executors, adminis trators, and assigns liave the right to run such locomotives, carriages, and trucks, Avhefher loaded or unloaded on and along the said railway, and for such period or periods or at such time or times as the said Chief Commissioner for Railways and Tramways shall in the said notice specify: Provided always that the said Chief Commissioner for Railways and Tramways shall pay to the said Edwin Ernest Allan Oatley, his heirs, executors, administrators, or assigns, such rates or tolls for the exercise of such right as aforesaid as the Governor, wdth the advice of the Executive Council, shall from time to time determine.
1 5 . The said Edwin Ernest Allan Oatley, his heirs, executors. Liability fnr
administrator’s, or assigns shall be responsible for all injuries caused
by the improper or negligent construction, maintenance, or working
of the said railway, and all claims in respect of such negligence or
improper conduct may be enforced against the said Edwin Ernest
Allan Oatley, his lieirs, executors, administrators, or assigns : Provided
that the damage which may hi' recovered against the said Edwin
Ernest Allan Oatley, his heirs, executoi’s, administrators, or assigns,
in respect of any such claim, shall, in addition to all other remedies for
their recovery, be a first charge upon the tolls, fares, or charges
| charged for the carriage of passengers and goods on the said railway, | ’ |
| and upon all property used in and upon and necessary for the working | ' |
| of the said railway. |
1 6 . The tolls shall be paid to such persons and at such jilaces Toils t o p a i d as
upon or near to the raihvay, and in such manner and under such regulations as the said Edwin Ernest Allan Oatley, his heirs, executors, administrators, and assigns shall appoint, subject to approval of the Chief Commissioner for Railways and Tramways.
1 7 . I t shall be lawful for tlie said Edwin Ernest Allan Oatley, Regulations for use
| his heirs, executors, administrators, or assigns from time to time, | ‘■ | •'’■''"’“y- |
| subject to the provisions and restrictions in this Act contained, to |
| make regulations or by-laws for the following purposes, that is to | , | ,, |
| say |
Eor regulating the times of arrival and departure of the carriages
and trains, and the number of persons to be carried therein.
Eor regulating the loading or unloading of carriages.
Eor preventing the smoking of tobacco, and the commission of
any nuisance in or upon such carriages or any of the railway stations, waiting-rooms, or premises, and generally for regulating the travelling upon, or issuing and working of the said railway, and the maintenance of good order, and for regulating the conduct of the railway officers and servants,
and
Act, 1911.
TVarwich Farm Mailivay Act Extension.
and for providing for the due management of the said railway and the protection thereof, and the carriages and waiting-rooms, ofiBces, and promises from trespass and injury.
But no such regulation shall authorise the closing of the said railway between sunrise and sunset, except at any time when in consequence of any of the works being out of repair, or from any other sufficient cause it shall be necessary to close the said raihvay or any part thereof: Provided that such by-law's be not repugnant to the laws of the State, or to the provisions of this A c t; and a copy of such by-laws shall be given to every officer and servant of the said Edwin Ernest Allan Oatley, his heirs, executors, administrators, or assigns, employed on the said railway, or affected by such by-laws ; and such by-laws shall specify penalties, which shall in no case exceed the sum of ten pounds : Provided always that such by-laws must be first approved of by the Governor or wdtli the advice of the Executive Council: Provided always that the said Edwdn Ernest Allan Oatley, his heirs, executors, administrators, or assigns, or bis or their employees or servants shall, when using or wdien upon the premises of the said railway, be liable and subject to the Government railway by-laws.
| Evidence of by-laws. | 1 8 . The production of a copy of the New South Wales Government Gazette containing such by-laws shall be sufficient evidence of such by-lawxs in all proceedings under the same. |
| Effect of this Act | 1 9 . Upon the passing of this Act the lands described or referred to in the Schedule hereto, (excluding thereout the parts of the road from Liverpool to Sydney and of the reserved road sixty-six feet wide referred to therein), shall, witliout the necessity of any convey ance, forthwith be vested in the said Edwdn Ernest Allan Oatley, his heirs, executors, administrators, and assigns, for an estate in fee-simple in possession, freed and discharged from all trusts, obligations, estates, interests, contracts, charges, rates, rights of way, or other easement whatsoever, and to the intent that the legal and equitable estate therein, together wdth all powers incident thereto, shall be vested in the said Edwin Ernest Allan Oatley, his heirs, executors, administrators, and assigns. |
| upon lands referred | |
| to in Schedule. |
| Estates of | 2 0 . | (1) The estate and interest of every person entitled to the |
| proprietors of lands |
| referred to in | lands described or referred to in the Schedule hereto (excluding |
| Schedule vested in | thereout the parts of the road from Liveiqiool to Sydney and of the |
| Edwin Ernest Allan | |
| Oatley without the | reserved road sixty feet wide referred to therein), or any portion |
| necessity of any | thereof, and whether to the legal or equitable estate therein, shall by |
| conveyance; | virtue of this Act, and without the necessity of any conveyance, be deemed to have been as fully and effectually conveyed to the said Edwin Ernest Allan Oatley, his heirs, executors, administrators, and assigns, as if the same had been conveyed by the persons legally or equitably entitled thereto by means of the most perfect assurances in the law. |
(2)
Act, 1911.
Wanoick Farm Faihoay A ct Extension.
(2) Every sucli estate and interest shall upon the passing and converted into a
of this Act he taken to have been converted into a claim for cornpen- sation.
sation, and the amount for the eompensation for the said lands to
he paid hy the said Edwin Ernest Allan Oatley, his heirs, executors,
administrators, and assigns shall he determined in manner hereinafter
provided.
2 1 . If within twenty-eight days after the passing of this Act, Comiiensation
the persons through whose lands the railway shall pass, or any of them, and the said Edwin Ernest Allan Oatley, his heirs, executors, administrators, or assigns shall not agree as to the amount of compen sation to ho paid hy the said Edwin Ernest Allan Oatley, his heirs, exeeutors, administrators, or assigns, for the said lands helongiog to the said parties or any of them, or for any damage that may be sustained hy them or him, hy reason of the execution of the works, oi: if any other question as to compensation shall arise under this Act, the amount of such compensation shall he settled hy arbitration in manner hereinafter provided.
2 2 . Unless both parties shall concur in tlie appointment of a Appointment of
single 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 jiarty, 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 poiver to revoke the same without the consent of the other, nor shall the death of cither party operate as a revocation, and the award of such arbitrators or umpire, if appointed as hereinafter provided, shall he final; and if, for the space of fonrteen days after any such dispute or other matter shall have arisen, 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 npon such failure it shall be lawful for the Attorney- General for the time being of the said State, on apjilication of the party who has himself appointed an arbitrator, to appoint sueh arbitrator to act on behalf of both parties, and such arbitrator may proceed to hear and determine the matter which shall he in dispute, and in such case the award or determination of such single arbitrator shall he final and conclusive.
2 3 . If before the matter so referred shall he determined, any Vacancy of
arbitrator appointed hy either party shall die or become incapable, or refuse, or for fourteen days neglect to act as arbitrator, the party hy whom such arbitrator was appointed may nominate and appoint in w'riting 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 the purpose,
he
Act, 1911.
Warwick Farm llailway Act Extension.
he fail to do so, the remaining or other arbitrator may proceed alone, and every arbitrator so to he substituted as aforesaid shall have tlie same powers and authorities as were vested in the former arbitrator at the time of such his death, refusal, neglect, or disability as aforesaid.
| Appointment of | 2 4 . | Where more than one arlDitrator sliall have been appointi'd, |
| umpire. |
such arbitrators shall, before they enter upon the matters referred to them, nominate and appoint, hy writing under their hand, a-n 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 sueh death, refusal, or neglect appoint another umpire in his place, and tlie decision of every such umpire on the matter so referred to him shall be final.
Attorney -G eneral
| to appoint umpire | 2 5 . If, in either of the cases aforesaid, the arbitrator or arbi trators shall refuse, or for seven days after request of either party to such arbitration, neglect to appoint an umpire, it shall be; lawful for the Attorney-Greneral 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 arbitration shall differ, or which shall be referred to him under this Act, shall be final. |
| on neglect. | |
| In case of death of | |
| single arbitrator, | 2 6 . If where a single arbitrator shall have been appointed fourteen days neglect to act before he shall have made his award, the matters referred to him shall be determined by arbitration under the provisions of this Act, in the same manner as if such arbitrator had not been appointed. |
| the matter to begin | such arbitrator shall die or become incapable, or shall refuse, or for |
| de novo. | |
| If cither arbitrator |
| refuse to act, the | 2 7 . If where more than one arbitrator shall have been |
| other to proceed | appointed, either of the arbitrators shall refuse, or for fourteen days |
| ex parte. | neglect to act, the other arbitrator may proceed alone, and the decision of such other arbitrator shall be as effectual as if he had been a single arbitrator appointed by both parties. |
| If arbitrators fail to | 2 8 . If where more than one arbitrator shall have been |
| make their award |
| within twenty-one | appointed and where neither of them shall refuse or neglect to act as |
| days, the matter to | aforesaid, such arbitrators shall fail to make their award within |
| go to the umpire. | twenty-one days after the day on which the last of such arbitrators shall have been appointed for that purpose hy both of such arbitrators, under their hands, the matters referred to them shall be determined by the umpire to he appointed as aforesaid. |
| ^^owers of arbitra | |
| tors to call for | 2 9 . The said arbitrators or their umpire may call for the production 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. |
| books, &c. |
Act, 1911.
Warwick Farm, Railway Act FJxtension.
3 0 . Before any arbitrator or umpire shall enter into the con-Arbitrator or umpire
| sideration of any matters referred to liim, he shall, in the prt'sence of | ftitiihr' |
| a justice of the peace, make and suhserihe tlie followiii" declaration, <> that is to say— | "f |
r, A.B., do solemnly and sincerely declare that I will faithfully and honestly, and to the host of my skill and ability, hear and determine the matters referred to me under the pi’ovisions of the Warwick Farm Railway Act Extension Act, 1911.
Made and subscribed in the presence of—
A.B.
And such declaration shall he annexed to the award when made ; and i cnaity for miscou-
if any arbitrator or umpire, havine,' made such declaration, shall
wilfully act contrary thci’cto, he shall he guilty of a misdemeanour.
3 1 . All costs of any such arbitration and incident thereto to he c:ostof arbitration-
settled by the arbitrators shall he borne hy Edwin Ernest ^\pj|n Oatley, his heirs, executors, administrators, or assigns, unless the arbi trators shall award the same, or a less sum than shall have been olfered hy the said Edwin Ernest Allen Oatley, his heirs, executors, administrators, or assigns, claimed, in which case the whole costs shall he paid by the claim ant; Provided that if either party shall he dissatislied with the costs allowed hy the arbitrators as aforesaid, the costs may he taxed hy the Prothonotary or other proper officer of the Supreme Court, and the amount allowed hy sueh officer shall he the amount of costs to he paid.
3 2 . The arbitrators shall deliver their award in writing to the Award to be
said Edwin Ernest Allan Oatley, his heirs, exeeutors, administrators, ilhnra[A\uui oluê ̂
or assigns, who shall retain the same, 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 awiird 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.
3 3 . The submission to any such arbitration may he made a Submission may be
rule of the Supreme Court on the application of either of the parties. :̂ ourt.
3 4 . No award made with respect to any question referred to Award not void
arbitration under the provisions of this Act shall he set aside for
| irregularity or error in matter of form. | ' |
3 5 . The said Edwin Ernest Allan Oatley, his heirs, executors, Componsation for
administrators, or assigns shall make compensation and satisfaction, to
he ascertained and recovered in case of difference in the manner recurring injuries,
hereby provided for temporary, permanent, or recurring injury, and
all other damage, loss, costs, charges, and inconvenience which may
in anywise be occasioned to the said owners or occupiers by the non
performance hy the said Edwin Ernest Allan Oatley, his heirs,
executors, administrators, or assigns of any of the matters or things
| hereby required to be performed by them or otherwise. | 3 6 . |
Act, 1911.
Warwick Farm llailway Act Exlension.
Application of
| compensation | 3 6 . (1) The compensation money payable in respect of any lands taken by the said Edwin Ernest Allan Oatley, his heirs, executors, administrators, and assigns, under and by virtue of this Act, from an}̂ trustees in trust for charitable or other purposes, shall be paid to such trustees of the lands in respect of which it is payable, and shall be applied— |
| payable to trustees. |
| (a) | in the discharge of any rates, debt, or eneumbrance a(f('cting the land in respect of which such money has been paid, or affecting other lands settled therewith to the same or the like uses, trusts, and purposes ; or |
| (b) | in the purchase of other lands or of Government debentures to be conveyed, limited, and settled i;pon the like uses, trusts, and purposes, and in the same manner as the lands in respect of which such money has been paid were settled. |
| Payment to trustees | (2) The payment oP the said compensation money to the |
| a good discharge. | said trustees in trust for charitable or other purposes shall be a good and valid discharge to the said Edwin Ernest Allan Oatley, his heirs, executors, administrators, and assigns, and they shall not be bound or required to see to the application of the said compensation money. |
| agree upon the |
| Power to trustees to | (3) In the construction of this Act the words “ person ” |
| amount of compen | or “ par ty” shall include trustees in trust for charitable or other |
| to arbitration. | |
| sation, and to refer | purposes, and the powers hereinbefore given to the persons through whose lands the railway shall pass, to agree as to the amount of compensation to be paid by the said Edwin Ernest Allan Oatley, his heirs, executors, administrators, and assigns, and to settle by arbitrators the amount of such compensation, and all the powers of and incidental thereto, shall extend to and may lawfully be exercised by trustees in trust for charitable or other purposes in the same manner as though such trustees were beneficially entitled to the said lands. |
| Chief Commissioner | |
| may appoint | 3 7 . The Chief Commissioner for llailways and Tramways may from time to time appoint any person to be inspector for the purpose of inspecting the railway and of making any inquiry with respect to the condition of the works, or into the cause of any accident, provided that no person so appointed shall exercise any powers of interference in the affairs of the said Edwin Ernest Allan Oatley, his heirs, executors, administrators, or assigns. |
| inspectors. | |
| Powers of inspectors. | 3 8 . Every inspector under this Act shall, for the purpose of any inspection or inquiry which he is directed by the Chief Commis sioner for llailways and Tramways to make or conduct, have the following powers, that is to say;— |
(1) He may enter and inspect the railway and all the stations, works, buildings, offices, stock, plant, and machinery belonging thereto.
(2)
Act, 1911.
Warwick Farm llailway Act Extension.
(2) He may, by summons under bis band, require the attendance of any person u bo is engaged in the management, service, or employment of the said Edwin Ernest Allan Oatley, his heirs, executors, administrators, or assigns, and Avhom he thinks fit to call before him and examine for the said purpose, 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 said Edivin Ernest Allan Oatley, his heirs, executors, administrators, or assigns, which he considers important for the said purpose. | , |
3 9 . Where, in or about the I'ailway, or any of the works or Accid.nts,
buildings connected with such railway, or any building or place,
Avhether open or enclosed in connection Avith such raihvay, any of the following accidents take place in the course of Avorking, that is to
say,—
(1) any accident attended Avitli loss of life or personal injury to
any person Avhom soever;
(2) any collision where onc of the trains is a passenger tra in ;
(3) any passenger train, or any part of a passenger train,
accidentally leaving the rails ;
(4) any accident of a kind not comprised in the foregoing d(?scriptions, hut which is of such a kind as to have caused, or to he likely to cause, loss of life or personal injury, and Avhich may he specified in that behalf hy any order to he made from time to time hy the Chief Commissioner for llaihvays and TraiuAvays,
the said EdAvin Ernest Allan Oatley, his heirs, executors, administrators, or assigns shall send notice of such accident, and of the loss of life or personal injury (if any) occasioned thereby, to the Chief Commissioner for llaihvavs and Tramwavs.
4 0 . Such notice shall he in such form and shall contain such Form of notice
particulars as the Chief Commissioner for llailways and TramAvays «cc:(ient.
may from time to time direct, and shall he sent hy the earliest
practicable post after the accident takes place.
4 1 . The Chief Commissioner for llailways and Tramways Notice of certain
may from time to lime by order direct that notice of any class of
| accidents shall he sent to him hy telegraph, and may revoke any such ̂ | ° |
| order. While such order is in force, notice of every accident of the class to Avhich the order relates shall he sent to the said Chief Com missioner hy telegraph immediately after the accident takes place. Eailure to comply Avith the provisions of this section shall render the said Edwin Ernest Allan Oatley, his heirs, executors, administrators, or assigns, liable for each offence to a penalty not exceeding tAventy pounds. |
Act, 1911.
Warwick Farm Railway A ct Extension.
Power of pui chase
| of railway by | 4 2 . At any time the Governor, with the advice of the Executive Council, may, if he thinks fit, purchase such railway upon giving to the said Edwin Ernest Allan Oatley, his heirs, executors, administrators, or assigns, three months’ notice in writing of his inten tion to do so. If the amount tendered for the ])urchase of the property he considered inadequate by the said Edwin Ernest Allan Oatley, his heirs, executors, administrators, or assigns, the amount shall ho ascertained hy assessment in terms of the Public Works Act, 1900. |
| (xoverrunent. |
| Recovery of | 4 3 . | All penalties imposed under this Act, or under any by-laws |
| penalties. | made in pursuance thereof, shall be recoverable in a summary way before any two justices of the peace. |
| Not to affect | |
| accrued rights. | 4 4 . Provided always, and be it further enacted, tliat nothing in this Act contained shall l)e deemed to atl'ect the past operation of the said Warwick Farm llailway Act, or to prejudice any rights accrued, offences committed, proceedings taken, or things done there- uuder. |
S C H E D U L E .
A ll tliiit piiice of bind situated iieai' W arw ick Earm as now fenced and us(^d for tl](! purposes of a railway from the G nvit Southern railway line to tin; W arwick Farm race-course : Commencing on the G reat Southern railway, a t a point d istan t in a southerly direction about one tliousand three hundred yards from the C abram atta station ; thence bearing south-easterly in a curved line through land the property of tin; trustees of tin: estate of the late Tliomas Moore, and now held under lea.se b” the said E<!win E rnest A llan Oatley, his hei)’s, e.xecutors, ailm inistrators, and assigns, to tlie road from Liverpool to Sydney ; thence across th a t road ; tlience again in south-easterly direction tlmmgdi (rther land the property of the trustees of the estate of the late Thomas Moore aforesaid, and also lield under lease by the said Edw in E rnest A llan Oatley, his heirs, executors, adm inistrators, and assigns, to a re.served road sixty-six feet wide along the eastern boundary of the aforesaid land ; thence across th a t road ; thence again in a south easterly direction through land the property of the said Edwin E rnest A llan Oatley, his heirs, executors, adm inistrators, and assigns, aforesaid to the W arwick Farm race-course.
Act
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