West Wallsend and Monk-Wearmouth Railway Act of 1886 No wwm (NSW)

West

An Act to enable the West Wallsend Coal W a lm u n d and

M onk-W eabm outh

Company (Limited) and the Monk- R a ilw a y .

Wearmoiith Colliery Estate Company of	~
Australia (Limited) to construct a Kail­ way from the West Wallsend Coal-fields to the Sydney and War a tali Kail way. \21tU August, 1880.]

T T T IIE R E A S certain persons now residing- in the Colony of N oav P«ambie.

T V Sontli Wales propose oj)cning coal-mines and establishing

collieries on a parcel of land situated near Newcastle in the parish of Teralba county of Northumberland and with others have formed them­ selves into Companies called the “ West Wallsend Coal Company (Limited) and the Monk-Wearmouth Colliery Estate Company of Aus­ tralia (Limited)” and in order to facilitate communication between the said coal-mines and the Sydney and Waratah Kail way such persons are

desirous

50“ VIC, 1886.

TFest JVidlsend and Monk-Wearmouth Railway.

desirous of constructing a railway from their said coal-mines to the Sydney and Waratali Railway hut as paid of such pro])osed railway is intended to he made upon and pass through land believed to be tlie property of the Crown bodies cori)orate and private persons respectively the same cannot he made without Legislative authority And Avhcrcas the said coal-mines are likely to prove beneficial to the Colony and the public are concerned in promoting such an increase in and facili­ ties for the supply of coal for local consumption steam navigation and export as would result from the construction of the said proposed railway and the traffic on the Sydney and Waratah llailway would be increased thereby It is therefore desirable to authorize hy Legislative enactment tlie construction of the said railway subject to the provi­ sions hereinafter contained upon payment of compensation to the several parties tlirough whose lands the same shall pass for such portion of their respective lands as may he required to he taken and occu]iied thereby Be it therefore enacted hy the Queen’s Most Excel­ lent Majesty hy and Avith the advice and consent of the Legislative Council and LegislatAc Assembly of Xew South Wales in Parliament assembled and hy the authority of the same as folloAvs :—

AuUiority to con- 1. It sliall hc laAvful for the said Companies jointly in terms

coM̂ rsamTwÛ Eii’st Scliodule hereto to make and construct a rail-

Sydney and Waratali way from the north side of the GoA'ermnent Road running tlirough

K,.iiway. portion one hundred and twenty unto and through the lands knou n as that of J. Notley J. Price Griffith Morgan and Price and the NcAvcastle Wallsend Coal Company joining the Sydney and Waratah llaihvay Lino about ninety-two miles from llomehush and to effect if necessary a junction heLveen said line and the Sydney and dVaratah Eaihvay in accordance Avith section ninety-nine of the “ Government Paihvay Act of 1858” such railAAny to be in the direction described in the Second Schedule hereto hut so that tlie same shall not oceupy at any part thereof (except Avhere required for sidings) a greater space in breadth than sixty-six feet.

Site of railway sliall .

2. Tlie ground and soil of so much of the site of the railivay as CroAvn Lands together Avith such rights of ingress egress and regress ui)on the adjacent land as may he necessary for the making and nqiair thereof shall hc vested hy virtue of this Act and Avithout the necessity of any conveyance in the Companies for the purposes of the railAvay Provided that no lands A'ested in the Commissioner for Railways shall hy A'irtue of this Act he A'ested in the Companies and nothing herein contained shall prcA'ent the said OAvners from carrying on any mining operations beneath the said raihvay Avhich shall not interfere Avith the safety of the said raihvay and the traffic thereon and the Companies shall have no further right to the soil of the said lands beneath the surface than shall be requisite for the formation and repairs of the said road hy cutting embanking sinkingAvells orothenvisc Provided also that if in the exercise of the poAvers hereby granted it he found necessary to cross cut through sink x’aise or use any part of any road AA’hether 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 Companies shall before the commencement of any such operations cause a sufficient road to ho made instead of any road interfered Avith and shall at their own expense maintain such substituted road in a state as couA cnient as the road interfered AA'ith or as nearly as may be And the Companies before they use the said lands of the said oAvners of land and the said Crown Lands respectively for any of the purposes aforesaid shall if required so to do separate the same hy a sufficient fence from the land ad joining thereto Avith such gate's as may he required for the convenient occupation of such land and shall also to all private roads used hy

be vested in I be

Companies without	passes over the lands of the said OAvners of lands respectively and over
conveyance.

them

188(). 50" VIC.

West Wallsend and Monk-Wearmoldh llailioay.

them as aforesaid put up fences and gates in like manner in all cases wlierc tlie same may hc necessary to prevent the straying of cattle from or npon the lands traversed hy such roads and in case of any differi'iico between the owners or occupiers of such roads and lands and tlie Companies as to the necessity for such fences and gates then the said Companies shall put up and erect such fences and gates as any two Justices of the Peace shall deem necessary for the purposes aforesaid on application being made to them.

3. The railway shall he open to the public use upon payment Raiiwjj open lo the

of a toll to the Companies of a sum not exceeding two pence per ton per mile in rcsjiect of every ton of goods for every transit the party seeking transit supplying and loading his own trucks or waggons and the Companies supplying locomotive power and ail trucks when emptied shall bo conveyed on their return free of charge Provided always that it shall not be compulsory on the Companies to supply locomotive power unless the party seeking transit guarantee and bring fifty tons at least during the twelve working hours and give notice of the same at least twenty-four hours previously The railway shall at all times be open to the ̂ ̂ ̂ of a toll to the Companies of a sum not exceeding one penny per ton per mile in respeet of every ton of goods for every transit if the party seeking transit supply tin; locomotive power as well as the trucks and waggons Provided that so long as the Companies shall hc willing to supply locomotive ])ower no other person shall use locomotive power on tlie line Provided that if the railway shall be damaged hy parties who shall tliemsclves use the railway for transit and supply locomotive power the Companies shall he entitled to compensation for such damage to be recovered either by action in the Supreme Court of Xew South Wales or if such damage do not exceed the sum of twenty pounds summarily before two Justices and in estimating such damage the Companies shall bo entitled not only to compensation for the cost of repairing and restoring the railway hut to the consequential damage (if any) sustained by reason of the suspension of transit or otherwise.

J. And hc it enacted that it shall hc lawful for the OAvni'rs or occupiers of the lands traversed by the said railway to lay down upon their own lands any collateral branches of railway to communicate Avith the said raihvay for tlu' purpose of bringing carriages to or from or upon the said railway and the Companies shall if required at the expense of sindi OAAun'rs or occupiers make openings in the rails and such additional lines of railway as may be necessary for (dfecting such communication in places Avhere the comniunicatio]i can he made Avith safety to the public and AA’ithout injury to the said raihvay and Avith­ out inconA'cnienco to tin' traffic thereupon hut this enactment shall hc subject to the folloAAdng restrictions and conditions (that is to say) — railways,

The Company shall dot be hound to make any such oiumings in any place AAdiich they shall have set apart for any specific purpose AAdth Avhich such communication Avould interfere nor upon any bridge nor in any tunnel.

The persons making or using such branch raihvays shall he subject to all hy-laAVs and regrdations of tin' Companies from tinn; to time made Avith respect to passing upon or crossing the railway and otlierAA'isc and the persons making or using such branch railways shall hc hound to construct and from time to time as need may require to rencAV the oil'-set plates and SAvitclu's according to the most approved plan adopted by the Compani('S under the direction of tludr engineer.

5. Tor the nurpo.ses and snbiect to the provisions hereinafter

contained it shall hc laAA’ful for the Companies their deputies agents	'
servants and Avorkmen and all other persons by them authorized and

empoAvered

86 50° VIC. 1886.

West Wallsend and Monk-Wearmotith Railway.

ompoAvored to divert or ult('i* the course of any road or way crossinc' the railway or to raise or sink any road or Avay in order the more; conveniently to carry the same over or under or hy the side of the raihvay.

Penally for not sub- 6 . I f the Companies do not cause another sufficient road to he so

Btiiuting a road.	niadc hcforc they interfere with any such existing road as aforesaid they shall forfeit twc'irty pounds for every day during which such substituted road shall irot he made after the existing road shall have been inter­ rupted and such penalty shall he paid to the trustees commissioners suiweyor or other persons having the management of such road if a public road and shall bo applied for the purposes thereof or in case of a private road the same shall he paid to the o\\ nor thereof and every such penalty shall he recoverable with costs hy action in any of the Superior Courts.
Right to carry
passengers.	7. It shall he lawful for hut not compulsory upon the said Com­ panies from time to time and at any and all times to carry passengers and live stock upon the said railways or any part thereof respectively and to make demand take receive and recover such tolls or dues for carrying the same at such rates per mile or other scale of charges as shall he established from time to tim ehy the Directors of the Companies for or in respect of all such passengers and live stock Avhich shall he conveyed or transported upon such railways or either of tliem or any part thereof respectively And the Directors are hereby authorized to make such by-laws and regulations not inconsistent Avith this Act as may he necessary for the regulation of such traffic and such by-laAvs or regulations shall he binding upon all jiersons using or travelling upon the said raihvays and any persons offending against such by-laws or regulations shall he liable to a fine not exceeding ten pounds for each offence to be recovered in a summary Avay before any tAvo Justices Provided ahA'ays that if the rates tolls or dues that may he established as aforesaid under and hy A'irtue of this Act shall he found excessive it shall and may he laAvful for the Executive Council to reduce the said rates tolls or dues and to revise them in such manner as may seem most proper and advisable And it is hereby provided that nothing in this Act contained shall extend to charge or make liable the said Companies further or in any other case than Avhere according to the laws of this Colony stage-coach projnaetors and common carriers would be liable nor shall extend in any degree to deprive the said Companies of any protection or priA'ilege which common carriers or stage-coach propriefors may be entitled to but on the contrary the Companies shall at all times be entitled to the benefit of every such protection and privilege.
Eoad repairs.	8. I f in the course of making the railAvay the Companies shall use or interfere Avith any road they shall from time to time make good all damage clone by them to such road and if any question shall arise as to the damage clone to any such road by the Companies or as to the repair thereof hy them such question shall be referred to the determi­ nation of tAvo Justices and such Justices may direct such repairs to bo made in the state of such road in respect of damage clone by the Com­ panies and Avithin such period as they may think reasonable and may impose on the Companies 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 be paid to the surveyor or other person haAung the management of the road interfered Avith by the Companies if a public road and be applied for the purposes of such road or if a private road the same shall bo paid to the OAvner thereof Pro­ vided alivays the said Justices shall have regard to and shall make full alloAvance for any tolls that may have been paid to the Companies on such road in the course of the using thereof.

1886.   50” VIC.

TFest Wallsend and Monk-Wearmouth Hallway.

9. Until the Companies shall have made the bridges ov other Owners crosaing.

proper commnnications vliich they shall under the provisions herein contained have been requirc'd to make between lands intersected and the railway and no longer tlie owners and occupiers of such lands and any other persons whose right-of-way shall he affected by the want of such communications and their respective servants may at all times freely pass and re-pass with carriages horses and other animals directly hut not otherwise across any part of the railway made in or througli their respective lands solely for tlie purpose of occupjdng the same lands or for tlie exercise of such riglit-of-way and so as not to obstruct the passage along the railway or to damage the same nevertheless if tlie owner or occupier of any such lands liavc in his arrangements with the Companies received or agreed to receive compensation for or on account of any such communications instead of the same being formed such mvner or occupier or those claiming under him shall not he entitled so to cross the railway.

10. If the railway cross any public highway or parish road on a Provisions in cases level tlie Companies shall erect and at all times maiiitain good and suffi- rrosseci''on a iTvei. cient gates across such road on each side of the railway wliere 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 roads on both sides of the railway except during the time Avhen horses cattle carts or carriages passing along the same shall have to cross such railway and such gates shall he of such dimensions and so constructed as when closed to fence in the railway and prevent catth; or horses passing along the road from entering upon the railway and the person entrusted Avith the care of such gates shall cause the same to be closed as soon as such horses cattle carts or carriages shall have passed through the same under a penalty not exceeding forty shillings for every default therein Provided always that it shall he lawful for the Secretary for Public Works in any case in AAdiich lie shall he satislied that it Avill hc more conducive to the public safety that the gates or any level crossing over any such road shall hc kept closed across the rail\Amy to order that such gates shall be k('pt so closed instead of across the road and in case such gates shall he kept constantly closed across the railnaay except AAdien engines or carriages passing along the railway shall have occasion to cross such road in the same manner and under the like penalty as above directed Avith respect to the gates being kept closed across the road.

1 1 .     I n case of accidents or slips happening or being apprehended Power to enter upon

to the cuttings emhankments or other Avorks of the said raihvay it shall repair a'fcidonts*̂ '* he laAvful for the Companies and their Avorkmcn and servants to enter to certa'n

upon the land adjoining thereto at any time AvdiatsoeAmr for the purpose

‘

of repairing or preventing such accidents and to do such Avorks as may hc necessary for the purpose hut in every such case the Companies shall Avithin forty-eight hours after such entry make a report to the Secretary for Pulilic Works specifying the nature of such accident or apprehended accident and of the AVorks necessary to he 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 AVorks shall he as little injurious to the said adjoining lands as the nature of the accident or apprehended accident Avill admit of and shall he executed Avith all possible despatch and full compensation shall he made to the OAvners and occupiers of such lands for the loss or injury or inconvenience sustained hy them respcctiA'cly hy reason of such Avorks the amount of Avhich compensation in case of any dispute about the same shall he settled hy arbitrators in the manner hereinafter mentioned And provided also that no land shall he taken permanently for any such AVorks otherAvisc than is luu’ein proAuded AAuth respect to the lands originally taken for the purposii of

making the said railway. 12.

88 ^0 VIC. 1886.

W est Wallsend and Monh-Wearmoidh Hailwaij.

Construction of	12.	Every bridge to be erected for the purjiose of carrying tbe
bridges over ivads.

raihvay over any road .shall be built in conforniity ■with the following

regulations that is to say—

Tlie width of tbe arch shall lie such as to lear'c tbercnnder a clear space of not less than thirty feet if the arch he over a public highway and of twentj'’ feet if over a parish road and of tn elve feet if over a private road.

The clear height of the arch from the surface of the road sliall not he less than sixteen feet for a space of twelve feet if the arch he over a main 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 he less than twelve feet the clear lieiglit of the arch for a space of nine feet shall not hc 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 he more than one foot in thirty feet if the bridge he over a public liiglnvay one foot in twenty feet if over a parish road and one foot in sixteen feet if over a private road not being a tramroad or railroad or if the same he a tranii’oad or railroad tlie descent shall not he greater than tlie ruling gradient of such tramroad or railroad.

Con^triiclion of

bridges over rail- 1 h Every bridge erected for carrying anyroad over tlie railway

r.adi.

shall hc built in conformity with the following regulations (that is to

say) —

There shall ho a good and sufficient fenc(> 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 o\er the bridge shall have a clear space between the fences thereof of thirty-five feet if the road hc a public high- Avay and twenty-five feet if a })arisli road and twelve feet if a private road.

The ascent shall not he more than one foot in thirty f ee t i f lho road hc a main road one foot in twcnly feet if a parish road and one foot in sixteen if a private road not being a tramroad or railroad or if the same hc a tramroad or railroad the ascent shall not l)c greater than the ruling gradient of such tramroad

The width of tlie or railroad.

bridges need not ex­	14. Provided always that in all eases where the average avail­ able width for the passing of carriages of any existing road within fifty yards of the points of crossing the same is less than the width hcrcin- heforc prescribed for bridges over or under the railway the 'width of such bridges need not he greater than such average available widtli of such roads hut so nevertheless that such bridges hc 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 he increased l>eyond the width of such bridge on either side thereof the Companies shall he l)ound at their own expense to increase the width of the said bridge to such extezat as they may hc required hy the trustees or surveyors of such road ziot exceeding the width of sucli road as so widened oj- the maximum widtli herein prescribed for a hiddge in the like case over or under the railway.
ceed the width of
the roaJ in certain
Existing inclination

of roads crossed or 15. Provided also that it the mean inclination of any road

diverted need not be	within two hundred and fifty yards of the point of crossing the same or
improve!.	the inclination of such portion of any road as may ho required to he altered or for which another road shall he substituted shall ho stccjjer than the inclination hereinhofore required to he preserved hy the Companies then the Companies may carry any such road over or under the railway or may construct such altered or suhstitnted road at an

inclination

1886. 50" VIC. 89

W est Wallsend and Monk- Wearmouth Railway.

inclination not steeper than the said mean inclination ot the road so to he crossed or of the road so requiring to he altered or for -which another road shall hc substituted.

16. The Comj^anics shall make and at all times thereafter -Worts for benefit of

maintain the following A\ orks for the accommodation of the owners and

occupiers of lands adjoining tlie railway that is to say—

Such and so many convenient gates bridges arches culverts and Oates bridges &o.

passages over under or hy the sides of or leading to or from the railway as shall he necessary for the purpose of making good any interruptions caused hy the railway to the use of the lands through which the railway shall he made and such works shall hc made fortlnvith after the part of the railway passing over such land sliall have been laid out or formed or during the formation thereof.

All sufficient posts 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 cattle of the owners or occupiers thereof from straying thereon hy reason of the railway together Avith all necessary gates made to open towards such adjoining lands and not toAvards the railAAuy and all necessary stiles and such posts rails and other fences shall hc made fortliAAdth after the taking of any sucli lands if the OAvners thereof shall so require and the said other Avorks as soon as conA'eniently may hc.

Also all necessary arches tunnels culverts drains or other jiassages Drains,

either over or under or hy the sides of the railAvays of such dimensions as Avill be sufficient at all times to convey the Arater as clearly from the lands lying near or a,ffectcd hy the raihvay as before the making of the raihvay or as nearly so as may he and such Avorks shall hc made from time to time as the raihvay AVorks proceed.

Also proper watering places for cattle or comjiensation iji lieu AVvioring places,

thereof Avhere hy reason of the raihvay the cattle of any person occupying any lands lying near thereto shall hc deprAed of access to their former Avatcring places and such Avatering places shall he so made as to hc at all times suffi­ ciently supplied with AÂ ater as theretofore And as if the railway had not been made or as nearly so as may lie And the said Companies shall make all necessary Avatercourscs and drains for the purpose of conveying water to the said watering places.

Provided always that the Companies shall not he required to make such accommodation AVorks in such a manner as Avould prevent or obstruct the Avorking or using of the raihvay nor to make any accom­ modation AVorks Avith respect to which the OAvners and occupiers of the land shall have agreed to receive and shall have been paid compensation instead of the making them.

17. I f any person omit to shut and fasten any gate set up at Penalty on persons

... ■ ̂ ̂ O XI 'I X" X- xi omitting to fasten

either side ot tlie railAvay tor the accommodation ot tlie OAvners or gut̂ s.

occupiers of the adjoining lands so soon as hc and the carriage cattle

or other animals under his care have passed through the same he shall

forfeit for CA’ery such offence any sum not exceeding ten pounds

recoverable in a summary way before any two Justices of the Peace.

18. The Companies shall not he entitled to any mines of coal Minerals rot to pass,

iron stone slate or otlier minerals under any private land Avhei’cof the surface is vested in them by virtue of this Act except only such parts thereof as shall he necessary to he dug or carried aAA-ay in the con­ struction of the Avorks hereby authorized And such mines shall not he deemed to vest in the said Companies.

m 19.

90 50° VIC. 1886.

West Wallsend and Monk- Wearmouth Railway

C inponsAtion clause. 19. I f ■vYitliin twenty-eight clays after the passing of this Act the

said persons through whose lands the railway shall pass or any of them and the Companies shall not agree as to the amount of compensation to he paid hy tliem for the said lands helonging to the said parties or any of them or for any damage that may he sustained by them or him hy reason of the execution of the works or if any other question as to. compensation shall arise under this Act the amount of such compen­ sation shall he settled hy arbitrators in manner liercinafter mentioned

Appomtment of	(that is to say)	Unless both parties shall concur in the appointment
arbitrators.

of a 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 be under the hand of such party And such appointment sliall hc delivered to the arbitrator or arbitrators and shall he deemed a sub­ mission 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 foiu’teen 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 the aj>plication 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 determine the matters which shall hc in dispute; And in such case the award or determination of such single aiUitrator shall he final and conclusive.

V’’acancy of arbitrator	20. I f before the matter so referred shall he determined any arbitrator appointed by either party shall die or become incapable or refuse or for fourteen days neglect to act as arbitrator the party by wliom 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 lie fail to do so the remaining or other arbitrators may proceed alone And every arbitrator so to he suhstitnted as aforesaid shall have the same powers and authorities as were vested in the former arbitrator at
Appointment of	the time of such his death refusal neglect or disability as aforesaid.
umpire.	21. IT here more than one arbitrator shall have been appointed such arbitrators shall before they enter upon the matters referred to them nominate and apjioint hy Avriting under their hands an umpire to decide any matters on which they shall differ or which shall he refeiTed to tlu'ui under t!u' proA'isions 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 liy 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 he final.
Atiorney-G-onenil to

to be supplied.

appoint umpire on 22. I f in cither of the cases aforesaid the arbitrator shall refuse

ni'glect.	or for scAum days after request of either party to such arbitration neglect to appoint an umpire it shall he laAvful for the Attorney- General for the time being on the aj)plication of either party to such arbitration to appoint an umpire and the decision of such umpire on the matters on Avhich the arbitrators shall dilfor or Avhich shall he referred to him under this Act shall be final.
In ea»e of death of

single arbitrator the 23. If Avhen a single arbitrator shall have been appointed such

matter to begin	arbitrator shall die or become mcapahle or shall refuse or for fourteen
de novo.	days neglect to act before he shall haA'e made his aAvard the matters referred to him shall he determined hy arbitration under the provisions of this Act in the same manner as if such arbitrator had not been appointed.

1886.   50° VIC.

JVest Wallsend and Monk- JVearmouth llailwaij.

24. If where more than one arbitrator shall have been appointed if dtiicr arbitrator

either of the arbitrators shall refuse or for seven days neylect to act

the other arbitrator may proceed aloni' and tlie decision of such oilier cr-wnr/r.

arbitrator shall be as efiectual as if he liad been the single arbitrator

appointed by both paidies.

2.'3. I f Avhere more than one arbitrator sliall have been appointed n arbitrators fail to

and Avhere neither of them shall refust' or neglect to act as aforesaid

such arbitrators shall fail to make tlu'ir arvard within twent\'-one days ciavs tiu’maftor to

after the day on which the last of such arbitrators shall have lieen “’"i"®-

appointed or within such extendt'd time (if any) as shall have been

appointed for that purpose by both of such arbitrators under their

bands the matters referred to them shall be determined by the umpire

to be so appointed as aforesaid.

26. The said arbitrators or their unuiirc may call for the pro- ro«ovs of arbitrators

T J. 1 L • ^ i to call lor books &c.

duction ot any documents in the possession or power oi cither party which they or hc 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;

27. Before any arbitrator or umpire shall enter into the co n -Arbitral or or umpire

sideration of any matters referred to him he shall in the presence of a for fa\thfui*dbTim̂^̂ Justice of the Peace make and subscrilie the folloiving declaration of duty. “ (that is to say)—

I A. B. do solemnly and sincerely declare that I will faitlifully and lioncstlv and to the best of mv skill and abilitv hear and t' t'

determine the matters referred to me under the provisions of the “ West Wallsend and Monk-Wearmouth llailway Act ”

Made and subscribed in the presence of

A. B.

And such declaration shall be annexed to the aivard ivhen made and for miscon-

if any arbitrator or umpire having made such declaration shall v ilfully	‘
act contrary tlu'reto he shall be guilty of misdemeanour.

25. All the costs of any such arbitration and incident t h e r e t o Cost, of arbitration

to be settled by the arbitrators shall be borne by the Companies unless the arbitrators shall award the sann; ora less sum than shall have been offered by the Companies in Avhich case each pai’ty shall bear his OAvmcosts incident to the arbitration and the costs of the arbitrators shall be borne by the parties in etpial proportions unless the amount aAAnrded shall be one-fourtb less than the amount in Avhich case the Avhole costs shall be paid by the claimant. Provided that if either party shall be dissatisfied Avitli the costs alloAved by the arbitrators as aforesaid tbe costs may bo taxed by the Prothoiiotary or otlier proper officer of the Supreme Court and the amount ailov'ed by such officer shall be the amount of costs to be paid.

29. The arbitrators shall deliver their aAiaard in writing to the Award to be Companies aaJio shall retain the same and shall forthwith on demand at c'lJmpafoel! their OAvn expense furnish a copy thereof to the other party and shall

at all times on demand jiroduce tbe said aAvard and alloAV the same to be inspected or examined by such party or any person apjiointed by him for that jturpose and the amount aAvarded shall bo paid Avithin sixty days aftttr the pulilication of such award.

30. Th(! submission to any such arbitration may be made a rule Submission may be

of the Supreme Court on the application of cither of the parties. madoamio ofCouH.

31. No aAAiard mad('Avith respect to any question referred to Award not void

arbitration under tbe provisions of this Act shall bo set aside fyi-

irregularity or error in matter of form.

32. The Companies shall make compensation and satisfaction to Compensation for

the said owners and occuy)iers (the amount of such conqiensation and

satisfaction to be ascertainfal and recoAmu'ed in case of dill'ercmce in the injuries,

manner hereby provided) for temporary permanent or recurring injury

and

50̂ VIC. 1886.

W'est Wallsend and Monh- Wearmouth Railway.

and all other damage loss costs charges and inconveniences which may in anywise ho occasioned to the said owners or occupiers hy the non­ performance hy the said Companies of any of the matters and things hereby required to he performed hy them or otherwise.

Compensation to ])e

made for temporary 33. Ill every case where the Companies shall take temporary

occupation. possession of lands hy virtue of the powers hereby granted it shall be 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 croji or dressing that may he thereon as well as full compensation for any other damage of a temporary nature which hc may sustain hy 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 he fixed hy 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 hank for the benefit of all parties interested as the case may require com­ pensation of all permanent or other loss damage or injury that may have been siistained hy them hy 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.

Lands bclonginp; to	31. Nothing in this Act shall be deemed to authorize the said
Commissioner for

^Railways not to be	Companies to take or enter upon any lands belonging to the Commis­
taken.	sioner for llailways or to alter or to interfere with the Great Northern llailway or any of the works thereof further or otherwise than is necessary tor making the junction and inter-communication between the railways without the previous consent in writing in every instance of the Commissioner for llaihvays.
Commissioner may

erect signals and 35. The Commissioner shall from time to time erect such signals

appoint watchmen	and conveniences incident to the junction either upon his own lands or
and switchmen.	on the lands of the Companies and may from time to time appoint and remove such watchmen switchmen and other persons as may be neces­ sary for the })revention of danger to or interference with the traffic at or near the junction and in all cases at the expense of the Companies.
M^orking of signals

1,0 be under regula­ 36. The Avorking and management of such signals and con­

tions of Commis­	veniences wherever situate shall he under the exclusive regulation of
sioner.	the Commissioner for Railways.
Government Raihvay

Act of 1858 not 37. Nothing herein contained shall alter repeal or otherwise

altered or repealed. affect “ The Government Raihvay Act of 1858.”

Interpretation 38. In tliis Act the word “OAvner” shall mean any person or

clause.

corporation Avho under the provisions of this Act Avould be able to sell

land to tlie Companies.

Short title. 39. This Act AA'hcnevcr cited shall be sufficiently described as

the “West AVallsend and Monk-Wearmouth IlaihAny Act of 1886.”

SCHEDULES.

FIEST SCHEDULE.

Ak Agreement m.'ide this day of a. d. one thousand eight hundred

and eiglitv-six between the West IVallsend Coal Comi^any (Limited) of the one ]>art and the iMonk-'W’cannouth Colliery Estate Company of Australia (Limited) of the other part.

"WiTNESSETii that in consideration of the terms hereinafter expressed the said Com­

panies have agreed to join in constructing a raihvay line from a point near the West Wallsend Coal Company's pit to the .Sydney and Waratah .Railway Line the cost of construction and purchase of land for the said line to run over and all the necessary expenses of laving the said raihvay lino to be borne by the respective Companies in. equal sliares half cost of value of land belonging to West AVallsend over Avhich raihvay

passea

1886.   50̂ VIC.

Saint James' School Compensation Trust.

passes to be paid by Monk-Wearmouth The cost o£ renewals and maintenances to the said raihvay line to be paid by each Company or their transferrees in proportion to the traffic done by each Company or their transferrees and it is also agreed that should the Monk-Wearmoutli Colliery j'lstate Company of Australia (Limited) or their transferrees so desire they shall bo at libimty to construct an extension of the said raihvay lino from the said West Wallsend Coal Company pit to their collieries situated at Monk-Wear- month at tlie cost of the said Monk-Wearmouth Colliery Estate Company Provided always that the W'est Wallsend Coal Company (Limited) or their transferrees shall bo at liberty to use the said extension by paying a proportionate ])art of the cost of renewals and maintenance to the extension according to the traffic done by the sai<l West Wallsend Coal Companv (Limited) or their transferrees and it is further agreed between the parties hereto that in case of any dispute arising as to the management and con­ struction of the said line the same shall bo referred to arbitration as provided for in the “ A\^est AVallsend and Monk-Wearmouth Kailway Act of 1S86."

SECOND SCHEDULE.

Commencing about Iho centre of portion one hundred and twenty ])arish of Teralba county of Northumberland and running southerly crossing a (lovernment road at a distance of about one thousand throe hundred links oast of the western boundary of the above-mentioned section thence south-west for about twenty-two chains ■where it crosses a (lovornment road anil the southern boundary of the above section thence southerly passing through section one hundred and seventeen and through section one hundred and eighteen in a south-eastern direction crossing a G-overnment road ])assing through block one hundred and seventeen and running about two chains south of Isaac (Triffiths’ section number sixty it crosses the AV'all.send and .Flaggy Creek Government road at a point about three chains west of the north-west boundary of Alorgan and Price’s section number seventy thence through that section at a point about eight chains from the said north-western corner and enters the property of the Wallsend Coal Company about twenty-two chains from the south-eastern corner of Morgan and Price’s section number seventy running in the same course until it gains Cockle Creek at the junction of the three crocks whence it runs easterly for about four chains to cross the creek in a straight course from whence it takes a straight course until it terminates on the Newcastle and AFaratah Kailway Line at a point about ninety-two miles forty-live chains distant from Sydney.