Young Wallsend Coal Company's Railway Act of 1888 (NSW)
An Act to enable the "Young Wallsend Coal
way from the Young 1 Wallsend Coal-fields Company (Limited)" to construct a Hail-
to the Sydney and Waratah Railway.
| be tween the said coal-mines and the Sydney and W a r a t a h Ra i lway such persons are desirous of cons t ruc t ing a ra i lway from their said coal-mines to t he Sydney a n d W a r a t a h R a i l w a y ; b u t as pa r t of such proposed ra i lway is in tended to be made upon and pass over Gove rnmen t roads and t h r o u g h land the proper ty of bodies corporate, and pr ivate persons respectively, t he same cannot be made wi thou t Legislat ive au thor i ty . A n d whereas t he said coal-mines are l ikely to prove beneficial to the Colony, and the publ ic are concerned in p romot ing such an increase in, and facilities for, t he supply of coal for local consumpt ion , s team navigat ion, and export , as would resu l t from the const ruct ion of t h e said proposed rai lway, and the traffic on | t he |
[10th January, 1889.] .
H E R E A S cer ta in persons now residing in t h e Colony of N e w :
colliery, or collieries, on a parcel of land s i tuated near Newcast le , in W South W a l e s propose opening coal-mines, and establ ishing a
t h e par i sh of Teralba, county of Nor thumber l and , and have formed themselves into a Company called t h e " Y o u n g Wal l send Coal
| Company | ( L i m i t e d ) " ; | and | in | order | to | facili tate | communica t ion |
the Sydney and W a r a t a h Ra i lway would be increased thereby. I t is
therefore desirable to author ize by Legis la t ive e n a c t m e n t t h e con
s t ruct ion of t h e said rai lway, subject to t h e provisions hereinaf ter
contained, u p o n p a y m e n t of compensat ion to the several part ies t h r o u g h whose lands t he same shall pass, for such por t ion of the i r respective lands as m a y be requi red to be t a k e n and occupied thereby : Be i t therefore enacted by the Queen ' s Most Exce l len t Majes ty , by and wi th t h e advice and consent of t h e Legis la t ive Counci l and
Legislat ive Assembly of New South W a l e s in Pa r l i amen t assembled,
and by t h e au thor i ty of t h e same, as follows :—• 1. I t shal l be lawful for t he said Company to m a k e and con s t ruct a ra i lway from a point on t he no r th of t h e Government road leading from Wal l send to Cooranbong, crossing t h a t and other Govern m e n t roads, and t h r o u g h t h e lands k n o w n as those of Isaac Griffiths, Gi lber t Ridley, J o h n Charles Bonar ius , J a m e s Gibson, and Wi l l i am Hestlow, a n d the Newcast le Wal l send Coal Company, jo in ing the Sydney and W a r a t a h Ra i lway l ine, about n ine ty- two miles seventy-
eight chains f rom H o m e b u s h ; and to effect, if necessary, a j unc t ion
be tween said l ine and the Sydney and W a r a t a h Rai lway, in accordance
wi th t h e " Pub l i c W o r k s A c t of 1888 , " such rai lway to be in the
direct ion described in t he Schedule here to ; b u t so t h a t t he same shall not occupy, a t a n y p a r t thereof (except where required for sidings), a grea te r space in b read th t h a n sixty-six feet. 2. The g round and soil of so m u c h of t h e site of t he ra i lway as passes over t he lands of the said owners of lands respectively, and over Crown Lands , toge ther w i th such r igh t s of ingress, egress, and regress upon the adjacent land as m a y be necessary for t he m a k i n g and repai r thereof shall be vested by v i r tue of this Act , and wi thou t the necessi ty of a n y conveyance in t h e Company for t he purposes of rai lway. Provided t h a t no lands vested in t h e Ra i lway Commissioners of N e w South W a l e s shal l by v i r tue of th is A c t be vested in t he Company , and no th ing here in contained shall p reven t t he said owners from ca r ry ing on any m i n i n g operations benea th t he said ra i lway which shall no t interfere wi th t h e safety of t he said ra i lway and the traffic t h e r e o n ; and the Company shall have no fur ther r igh t to t he soil of t h e said lands benea th t h e surface t h a n shall be requisi te for t h e format ion a n d repairs of t he said road by cu t t ing , embank ing ,
s inking wells, or otherwise. Provided also, t h a t if in t h e exercise of t h e powers he reby granted , i t be found necessary to cross-cut t h rough , s ink, raise, or use any p a r t of any road, w h e t h e r carr iage-road or horse
road, so as to render i t impassable for, or dangerous, or inconvenient
to t h e persons ent i t led to t h e use thereof, t h e Company shall , before
t he commencemen t of a n y such operat ions, cause a sufficient road to be m a d e instead of any road interfered with, and shal l , a t thei r own expense, ma in t a in such subs t i tu ted road in a s ta te as convenient as t h e road interfered wi th , or as near ly as m a y be . A n d the Company, before t hey use t h e said lands of t he said owners of land, a n d the said Crown Lands respectively, for any of t he purposes aforesaid, shall , if requi red so to do, separate the same by a sufficient fence from t h e land adjoining there to wi th such gates as m a y be requi red for t he convenient occupa t ion of such land, and shall also, to all p r iva te roads used b y t h e m as aforesaid, p u t u p fences a n d gates in l ike m a n n e r in all cases where t he same m a y be necessary to p reven t t h e s t ray ing of ca t t le f rom or upon the lands t raversed by such roads, and in case of any difference between t h e owners or occupiers of such roads and lands and t h e Company as to t he necessi ty for such fences and gates , t h e n the said Company shall p u t u p and erect such fences and gates as any two Jus t ices of t he Peace shal l deem necessary for t he purposes aforesaid on appl icat ion
be ing m a d e to t hem.
3,
3. The ra i lway shall he open to t he publ ic use upon p a y m e n t of a toll to t he Company of a s u m not exceeding twopence per ton per mi le in respect of every ton of goods for every t rans i t , t h e pa r ty seeking t rans i t supply ing and loading his own t r u c k s or waggons, and the Company supp ly ing locomotive p o w e r ; and all t r ucks w h e n emptied, shall be conveyed on the i r r e t u r n free of charge . Provided a lways t h a t i t shall not be compulsory on t h e Company to supply locomotive power, unless the pa r ty seeking t rans i t guaran tee and b r ing fifty tons at least du r ing the twelve work ing hours , and give notice of the same a t least twenty-four hours previously. The ra i lway shall, a t all t imes , be open to t he publ ic upon p a y m e n t of a toll to t he Com pany of a s u m not exceeding one penny per ton per mi le in respect of every ton of goods for every t ransi t , if t he pa r ty seeking t rans i t supply t he locomotive power, as well as t he t rucks and waggons. Provided t h a t so long as t he Company shall be wil l ing to supply locomotive power, no o ther person shall use locomotive power on the l ine. Pro vided t h a t if t he ra i lway shall be damaged by par t ies who shall, t hem selves, use t he ra i lway for t ransi t , and supply locomotive power, the Company shall be enti t led to compensat ion for such damage, to be recovered ci ther by action in t he Supreme Cour t of New South Wales , or if such damage do not exceed the s u m of twen ty pounds , sum mar i ly before two J u s t i c e s ; and in es t imat ing such damage , t he Company shall be enti t led, no t only to compensat ion for the cost of repa i r ing and res tor ing the rai lway, b u t to t he consequent ia l damage (if any) sustained by reason of the suspension of t rans i t or otherwise.
4. A n d be i t enacted t h a t i t shall be lawful for t h e owners or occupiers of t he lands traversed by the said rai lway to lay down upon the i r own lands any collateral b ranches of rai lway to communica t e wi th tin; said rai lway for the purpose of br inging carriages to or from or upon the said ra i lway, and the Company shall, if required, a t t he expense of such owners or occupiers, m a k e openings in t he rails, and such addi t ional lines of ra i lway as m a y b e necessary for effecting such communi cat ion in places where the communica t ion can bo made with safety to t he publ ic , and wi thou t injury to t he said rai lway, and wi thou t incon venience to t he traffic the reupon , b u t this enac tmen t shall be subject to the following restr ict ions and condit ions ( tha t is to s a y ) —
The Company shall no t be bound to m a k e a n y such openings in a n y place which t h e y shal l have set apa r t for any specific purpose wi th which such communica t ion would interfere, nor upon any bridge, nor in any tunne l .
The persons m a k i n g or us ing such b ranch rai lways shall be subject to all by-laws and regulat ions of t h e Company from t ime to t ime made w i t h respect to passing upon or crossing the rail way and otherwise, and t h e persons m a k i n g or us ing such b r a n c h rai lways shall be bound to cons t ruct and from t ime to t ime as need m a y requi re to renew the off-set pla tes and switches according to t he most approved p lan adopted by the
C o m p a n y under t he direct ion of the i r engineer .
| 5. F o r t he purposes and subject to t h e provisions hereinafter contained, i t shall be lawful for t h e | Company, the i r deput ies , agents , |
servants , and workmen, and all o ther persons by t h e m authorized and empowered to divert or al ter t he course of any road or way crossing the rai lway, or to raise or sink any road or way in order the more con venient ly to carry t he same over or under or by the side of t he rai lway.
6. If the Company do not cause another sufficient road to be so made before they interfere w i th any such exis t ing road as aforesaid, t hey shall forfeit t w e n t y pounds for every day dur ing which such subs t i tu ted road shall no t be m a d e after the exis t ing road shall have been in te r rup ted , and such pena l ty shall be paid to the t rustees ,
commissioners,
commissioners , surveyor , or o ther persons hav ing t h e m a n a g e m e n t of such road, if a publ ic road, and shal l be applied for t he purposes thereof;
or in case of a private road, t he same shall be paid to the owner thereof,
a n d every such pena l ty shal l be recoverable wi th costs by act ion in
any of t h e Superior Cour t s . 7. I t shal l be lawful for, b u t no t compulsory u p o n t h e said Company from t ime to t ime and a t any and all t imes to carry passengers and live stock upon t h e said ra i lways or any pa r t thereof respectively, a n d to m a k e , demand, t ake , receive, a n d recover such tolls or dues for ca r ry ing t h e same a t such rates per mile or other scale
of charges as shall be established from t ime to t ime b y t h e directors of t he Company for or in respect of all such passengers and live stock which shall be conveyed or t ranspor ted u p o n such rai lways or ei ther of them or any pa r t thereof respectively. A n d the directors are hereby
author ized to m a k e such by-laws and regula t ions no t inconsis tent with
this A c t as m a y be necessary for t h e regula t ion of such traffic, a n d
such by-laws or regula t ions shall be b ind ing upon all persons us ing or t ravel l ing upon t he said rai lways, and any persons offending aga ins t such by-laws or regula t ions shall be liable to a fine n o t exceeding t en pounds for each offence, to be recovered in a s u m m a r y way before a n y two Jus t ices . Provided always t h a t if t he rates , tolls, or dues t h a t m a y be established as aforesaid unde r and by v i r tue of th is A c t shall be found excessive, it shall and m a y be lawful for t h e Execu t ive Council to reduce t h e said ra tes , tol ls , or dues, and to revise t h e m in such m a n n e r as may seem mos t proper a n d advisable. A n d it is hereby
provided t h a t n o t h i n g in th is A c t conta ined shall ex tend to charge
and m a k e l iable t he said Company fur ther or in any other case t h a n where , according to t h e laws of th i s Colony, stage-coach proprie tors a n d common carriers would be liable, nor shall ex tend in any decree to deprive t h e said Company of any protect ion or privilege which common carriers or stage-coach propr ie tors m a y be ent i t led to ; bu t , on t h e contrary , t he Company shall a t all t imes be ent i t led to t he benefit of every such protect ion and privilege.
8. If, i n t h e course of m a k i n g t h e rai lway, t h e Company shall
use or interfere w i th any road, t hey shall f rom t ime to t ime m a k e good all damage done by t h e m to such road, and if any quest ion shal l arise as to t he damage done to any such road by the Company or as to the repair thereof by t h e m , such quest ion shall be referred to t he de te rmina t ion of two Jus t ices , and such Jus t i ces m a y direct such repairs to be m a d e in t h e s ta te of such road in respect of damage done
by t h e Company, and wi th in such period as t hey m a y t h i n k reasonable , and m a y impose on t h e Company for not ca r ry ing in to effect such repairs any pena l ty no t exceeding t en pounds per day, as to such Jus t i ces shall seem f i t ; a n d any such pena l ty shall be paid to t he surveyor or other person hav ing t h e m a n a g e m e n t of t he road interfered
with by t h e Company , if a publ ic road, a n d be applied for t h e purposes of such road, or if a pr iva te road t h e same shall be paid to t h e owner thereof : Provided a lways t h e said Jus t i ces shall have regard to a n d shall m a k e full a l lowance for any tolls t ha t m a y have been paid to t h e
Company on such road in t h e course of t h e us ing thereof.
9. U n t i l t h e Company shall have m a d e t h e bridges or o ther
proper communica t ions which t hey shall unde r t he provisions here in contained have been requi red to m a k e be tween t h e lands in tersec ted and t he rai lway, and no longer, t h e owners a n d occupiers of such lands , and any o ther persons whose r ight-of-way shall be affected b y the w a n t of such communica t ions , and the i r respective servants , m a y a t all t imes freely pass and re-pass w i th carriages, horses, a n d other an imals directly b u t no t otherwise across a n y pa r t of t h e rai lway m a d e in or t h r o u g h the i r respective lands solely for t h e purpose of occupying t h e
said
said lands, or for t he exercise of such r ight-of-way, and so as not to obs t ruc t t he passage a long the ra i lway or to d a m a g e t h e same, never theless if t he owner or occupier of any such lands have in his a r r angemen t s wi th t h e Company received, or agreed to receive, com pensat ion for, or on account of, any such communica t ions , instead of t he same be ing formed, such owner or occupier or those c la iming
| u n d e r h i m | shal l no t be ent i t led so to cross t h e | rai lway. |
10. If t he ra i lway cross any publ ic h i g h w a y or parish road on
a level, t h e Company shall erect, and a t all t imes main ta in , good and sufficient gates across such road on each side of t h e ra i lway where t he same shall communica t e therewi th , and shall employ proper persons to open and shu t such g a t e s ; and such gates shal l be k e p t constant ly closed across such roads on both sides of t he rai lway, except d u r i n g the t ime w h e n horses, ca t t le , car ts , or carr iages passing a long the same shall have to cross such r a i lway ; a n d such gates shall be of such dimensions and so const ructed as when closed to fence in t he rai lway and prevent ca t t l e or horses passing a long t h e road from en te r ing upon the r a i lway ; and the person en t rus ted wi th t he care of such gates shall cause t h e same to be closed as soon as such horses, ca t t le , carts , or carr iages shal l have passed t h r o u g h the same, unde r a penal ty not exceeding forty shill ings for every default therein . Provided always t h a t i t shall be lawful for t h e said Commissioners, i n any case in wh ich t h e y shall be satisfied t h a t i t will be more conducive to the publ ic safety t h a t t h e gates or any level crossing over any such road shal l be k e p t closed across t he rai lway, to order t h a t such gates shall be k e p t so closed instead of across t h e road, and in case such gates shall be k e p t cons tant ly closed across t he rai lway, except when engines or carriages a long the ra i lway shall have occasion to cross such road, in t he same m a n n e r and unde r t h e l ike penal ty as above directed with respect to t h e gates be ing kep t closed across t h e road.
1 1 . I n case of accident, or of slips happen ing or be ing appre
| hended to t h e | cu t t ings , embankmen t s , or o ther works of t he said |
ra i lway, i t shall be lawful for t h e Company a n d the i r w o r k m e n and servants to enter upon t h e land adjoining there to , a t any t ime whatso ever, for t h e purpose of repa i r ing or p reven t ing such accidents, and to do such works as may be necessary for t h e p u r p o s e ; b u t in every such case t he Company shall , w i th in forty-eight hour s after such entry , make a repor t to the said Commissioners, specifying the n a t u r e of such accident or apprehended accident, and of the works necessary to be d o n e ; and such powers shall cease a n d de termine if t he said Commissioners shall,
| necessary for t he publ ic safety. Provided also t h a t such works shall be | after considering the said report , certify t h a t the i r exercise is not |
| as l i t t le in jur ious to t he said adjoining lands as t he n a t u r e of t he accident or apprehended accident wil l admi t of, and shall be executed wi th all possible despatch ; and full compensat ion shall be made to t he owners and occupiers of such lands for t he loss or in jury or inconvenience sustained by t h e m respectively by reason of such works, t he amount of "which compensat ion in case of a n y d ispute about t h e same shall be set t led by arb i t ra tors in the manne r hereinafter ment ioned. A n d pro vided also t h a t no land shall be t aken pe rmanen t ly for a n y such works otherwise t h a n is here in provided wi th respect to the lands originally t aken for t h e purpose of m a k i n g the said rai lway. |
12. Eve ry br idge to be erected for t he purpose of ca r ry ing the
ra i lway over any road, shal l be bui l t in conformity wi th t he following
| regula t ions , t h a t is to | say— |
The wid th of t he arch shall be such as to leave the reunder a clear space of not less t h a n t h i r t y feet if t he a rch be over a publ ic h ighway , and of t w e n t y feet if over a par ish road, and of twelve feet if over a pr ivate road.
The
The clear he igh t of t h e arch from the surface of t he road shall no t be less t h a n sixteen feet for a space of twelve feet if t h e a rch be over a m a i n road, and fifteen feet for a space of t en feet if over a publ ic car r iage- road; and in each of such cases the clear he igh t a t t he spr inging of t h e a rch shal l no t be less t h a n twelve feet, the clear he igh t of t h e a rch for a space of n ine
feet shal l no t be less t h a n fourteen feet over a p r iva te road.
The descent m a d e in t he road in order to car ry t he same u n d e r t h e br idge shall no t be more t h a n one foot in t h i r t y feet if t he br idge be over a publ ic h ighway, one foot in t w e n t y feet if over a par ish road, and one foot in s ix teen feet if over a pr ivate road, not being a t r amroad or rai lroad, or if t he same be a t r amroad or rai l road t h e descent shal l no t be greater t h a n the ru l ing gradient of such t r amroad or railroad.
1 3 . Every br idge erected for car ry ing any road over t he ra i lway
shall be bu i l t in conformity wi th t h e following regulat ions, t h a t is to s a y - There shall be a good and sufficient fence on each side of t he br idge
of no t less he ight t h a n four feet, and on each side of t he
immedia te approaches of such br idge of not less t h a n th ree feet.
The road over t he br idge shal l have a clear space be tween the
fences thereof of thirty-five feet if t he road be a publ ic h ighway, and twenty-f ive feet if a parish road, and twelve feet if
a pr iva te road.
The ascent shal l no t be more t h a n one foot in t h i r t y feet if the road be a m a i n road, one foot in t w e n t y feet if a parish road, and one foot in s ixteen if a pr ivate road, n o t be ing a t r amroad or railroad, or if t he same be a t r amroad or rai lroad the ascent shall not be grea te r t h a n t h e ru l ing gradient of such t r amroad or railroad.
I d . Provided a lways t h a t in all cases where t h e average avail able wid th for t h e passing of carriages of any ex is t ing roads, wi th in fifty yards of t he points of crossing the same, is less t h a n the w id th hereinbefore prescribed for bridges over or unde r t h e ra i lway, t h e wid th of such br idges need not be greater t h a n such average available w i d t h of such roads, b u t so, never theless , t h a t such br idges be no t of
less wid th in case of a publ ic h i g h w a y or par i sh road t h a n t w e n t y feet. Provided also t h a t if a t a n y t i m e after t he cons t ruc t ion of t he ra i lway t h e average available width of any such road shal l be increased beyond t h e w id th of such br idge, on ei ther side thereof, t h e Company shall be
bound a t the i r own expense to increase t h e wid th of t h e said br idge to such ex t en t as t hey m a y be requi red by t h e t rus tees or surveyors of such road, no t exceeding the w i d t h 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 h e l ike case over or
unde r t h e ra i lway.
15. Provided also t h a t if t h e m e a n incl inat ion of a n y road
w i th in two hund red and fifty yards of t he point of crossing t h e same, or the inc l ina t ion of such por t ion of a n y road as m a y be requi red to be al tered, or for which ano the r road shal l be subst i tu ted , shal l be steeper t h a n the incl inat ion hereinbefore required to be preserved by t h e Company, t h e n t h e Company m a y car ry a n y such road over or
u n d e r t he rai lway, or m a y cons t ruc t such al tered or subs t i tu ted road a t a n incl inat ion no t s teeper t h a n the said m e a n incl inat ion of t he road so to be crossed, or of the road so requ i r ing to be al tered, or for which
ano the r road shall be subst i tu ted .
10. The Company shal l m a k e , and a t all t imes thereaf ter main
ta in , t h e following works for t h e accommodat ion of t h e owners and
occupiers of lands adjoining the rai lway, t h a t is to say—•
Such and so m a n y convenient gates , bridges, arches, culver ts , and
passages over, under , or by t h e sides of or lead ing to or from
t h e
t h e rai lway, as shall be necessary for t h e purpose of m a k i n g
good a n y in te r rup t ions caused by the ra i lway to t h e use of:
the lands t h r o u g h which the ra i lway shall be made, and such works shall be; made for thwith after t he p a r t of t he ra i lway pass ing over such lands shal l have been laid out or formed, or du r ing the format ion thereof.
All sufficient posts, rails, hedges , di tches, mounds , or o ther fences for separa t ing the land, t a k e n for t he use of t h e ra i lway from the adjoining lands , no t t a k e n and p ro tec t ing such lands from trespass, or t h e cat t le of t h e owners or occupiers thereof from s t raying thereon, by reason of t he rai lway, toge ther wi th all necessary gates made to open towards such adjoining lands, and not towards t he rai lway, and all neces sary s t i l es ; and such posts, rails, and other fences shall be made for thwi th after t he t a k i n g of a n y such lands if t he owners thereof shall so requi re , and the said o ther works as soon as convenient ly m a y be.
Also all necessary arches, t unne l s , culver ts , drains , or other passages, ei ther over or under , or by t h e sides of t he rai lways of such dimensions as will be sufficient a t all t imes to convey the wa te r as clearly from the lands ly ing near, or affected by the ra i lway as before t he m a k i n g of the rai lway, or as near ly so as may be, a n d such works shall be made from t ime to t ime as t he ra i lway works proceed.
Also proper wate r ing places for cat t le , or compensat ion in lieu
thereof, whe re by reason of t he ra i lway t h e cat t le of any
person occupying any lands ly ing near the re to shal l be deprived of access to the i r former wa te r ing places ; and such water ing places shall be so made as to be a t all t imes sufficiently supplied wi th wa te r as theretofore, and as if t h e ra i lway had not been made , or as near ly so as may be. A n d the said Company shall m a k e all necessary watercourses and drains for the purpose of conveying water to t he said
wa te r ing places.
Provided always t h a t the Company shal l no t be requi red to m a k e such accommodat ion works in such m a n n e r as would prevent or obst ruct t h e work ing or us ing of t he rai lway, nor to m a k e any accommodat ion works wi th respect to which t h e owners and occupiers of t h e land shall have agreed to receive, and shall have been paid compensat ion
| ins tead of | t h e m a k i n g | them. |
17. If any person omit to shu t a n d fasten any gate, set u p at
e i ther side of t he ra i lway for t h e accommodat ion of t he owners or occupiers of the adjoining lands, so soon as he and t h e carr iage, ca t t le , or an imals unde r his care have passed t h r o u g h the same, he shall forfeit for any such offence any s u m not exceeding ten pounds, recoverable in a s u m m a r y way before any two Jus t i ces of t h e Peace.
18 . The Company shall not be ent i t led to a n y mines of coal, i ron stone, s late , or o ther minera ls unde r any pr ivate land whereof the surface is vested in t h e m by v i r tue of th i s Act, except only such par t s thereof as shall be necessary to be d u g or carried away in t h e construct ion of the works hereby au thor ized . A n d such mines shall no t be deemed to vest in t he said Company.
19 . I f w i th in twen ty -e igh t days after the passing of this A c t
| t h e said persons t h r o u g h whose lands t h e | ra i lway shall pass, or any of |
t h e m , and the Company shall no t agree as to the amoun t of compen sation to be paid b y t h e m for t h e said lands belonging to t h e said part ies, or any of t hem, or for a n y damage t h a t m a y be sustained by t h e m or h i m by reason of t h e execut ion of t h e work, or if a n y other
| quest ion as to compensat ion shal l arise u n d e r | this Act , t h e a m o u n t of |
such
such compensat ion shall be set t led by arbi t ra tors in m a n n e r hereinaf ter
ment ioned , t h a t is to say. Unless bo th par t ies shall concur in t h e
a p p o i n t m e n t of a single arbi t ra tor , each par ty , on t he reques t of t h e
o ther par ty , shall nomina te and appoint a n a rb i t ra tor to whom such
dispute or o ther m a t t e r shall be referred. A n d every a p p o i n t m e n t of an arbi t ra tor shall be unde r t h e h a n d of such par ty . A n d such
appo in tmen t shal l be delivered to t h e arbi t ra tor , or arbi t ra tors , and
shall be deemed a submission to a rb i t ra t ion on the pa r t of t he p a r t y b y w h o m t h e same shall be made . A n d after any such appo in tmen t shal l have been made ne i ther par ty shall have power to revoke the same w i t h o u t the consent of t he other, nor shall t he death of e i ther pa r ty operate as a revocation. A n d if for t h e space of four teen days after any such dispute , or other ma t t e r , shall have arisen, and after a reques t in wr i t ing shall have been served by t h e one p a r t y on t h e other p a r t y to appoint an arbi t ra tor such las t -ment ioned pa r ty fail to appoin t such arbi t ra tor , t hen , u p o n such failure it shall be lawful for the At to rney-Gen oral for t h e t ime be ing of t he said Colony, on t he appl icat ion of t h e pa r ty who has himself appointed an arbi t ra tor , to appoint such a rb i t ra tor to act on behalf of bo th par t ies . A n d such
arbi t ra tor may proceed to hear and de te rmine t he ma t t e r s which shal l
be in dispute. A n d in such case the award or de te rmina t ion of such single arb i t ra tor shall be final and conclusive.
20. If before t he m a t t e r so referred shall be de te rmined any a rb i t ra to r appointed by ei ther pa r ty shall die, or become incapable, or refuse, or for fourteen days neglect to act as arbi t ra tor , t he pa r ty by w h o m such arb i t ra tor was appointed may nomina te and appoint , i n wr i t ing , some other person to act in his place. A n d if for t he space of seven days after notice in wr i t ing f rom t h e o ther pa r ty for t ha t purpose , he fail to do so, t he remain ing , or other arbi t ra tors , may proceed alone. A n d every arb i t ra tor so to be subst i tu ted as aforesaid, shall have t h e same powers and author i t ies as were vested in the former arb i t ra tor a t t h e t ime of such his death , refusal, neglect , or disabili ty as aforesaid.
2 1 . W h e n more t h a n one arb i t ra tor shall have been appointed,
such arbi t ra tors shall , before they enter upon the mat te r s referred to t hem, nomina te and appoint , by wr i t ing unde r the i r hands , an u m p i r e
to decide a n y ma t t e r s on which they shal l differ, or which shal l be referred to t h e m under t he provisions of this Act . A n d if such ump i r e shal l die, or refuse, or for seven days neglect to act , after be ing called u p o n to do so by the arbi t ra tors , t hey shal l for thwith after such death , refusal , or neglect , appoint ano ther umpi re in his place, and the decision
of every such umpi re on t h e m a t t e r so referred to h i m shal l be final.
22. If in e i ther of the eases aforesaid, t he arb i t ra tors shall
refuse or for seven days after t h e reques t of ei ther p a r t y to such a rb i t ra t ion neglect to appoint a n u m p i r e , it shall be lawful for t h e At to rney-Genera l for t he t ime be ing on t h e appl icat ion of e i ther pa r ty to such a rb i t ra t ion to appoint an umpi re , and the decision of such ump i r e on the ma t t e r s on wh ich the a rb i t ra tors shall differ or which
shal l be referred to h im u n d e r th is Ac t shall be final. 23 . If w h e n a single a rb i t ra tor shall have been appointed , such
arbi t ra tors shall die or become incapable , or shall refuse, or for four teen days neglec t to act , before h e shal l have made his award, t h e
m a t t e r s referred to h i m shall be de termined by arb i t ra t ion u n d e r t he
provisions of th is A c t in t h e same m a n n e r as if such a rb i t ra to r had not been appointed. 2 1 . I f where more t h a n one a rb i t ra tor shal l have been appointed,
e i ther of t he a rb i t ra tors shall refuse or for seven days neglect to act
t h e o ther a rb i t ra tor m a y proceed alone, and the decision of such o ther ab i t ra tor shall be as effectual as if he had been t h e single a rb i t ra to r appointed by both part ies .
25. If where more t h a n one arbi t ra tor shall have been appointed,
and where ne i ther of t h e m shall refuse or neglect to ac t as aforesaid, such arb i t ra tors shall fail to m a k e their award wi th in twenty-one days after t h e day on which t h e last of such arbi t ra tors shall have been appointed or wi th in such extended t ime (if any) as shall have been appointed for t h a t purpose by b o t h of such arb i t ra tors unde r thei r
| hands , t he m a t t e r s | referred | to t h e m shall be determined by t h e | ump i r e |
to be so appointed as aforesaid.
26. -The said a rb i t ra tors or the i r u m p i r e may call for t he pro
duct ion of any documents in t he possession or power of ei ther pa r ty which they or he m a y t h i n k necessary for de t e rmin ing t he quest ion in
| dispute, and m a y examine t h e par t ies | or the i r | witnesses on oath, and |
| adminis ter t h e oaths necessary for t h a t | purpose . |
27. Before any arb i t ra tor or u m p i r e shall en ter into t h e con
| sideration of any m a t t e r s referred to h i m | h e shall in t h e presence of a |
| Jus t i ce | of t h e Peace m a k e | and subscribe t h e following | declarat ion, |
t h a t is to say—
I A . B . do solemnly and sincerely declare t h a t I will faithfully and honest ly, and to t h e best of m y skill and abil i ty hear and
de te rmine t he ma t t e r s r e f e r r e d to m e unde r the provisions of
t h e " Y o u n g Wal l send Coal Company 's Rai lway Ac t . "
M a d e and subscribed in t he presence of
A n d such declarat ion shall be annexed to t he award when made ; and if any a rb i t ra to r or ump i r e hav ing m a d e such declara t ion shal l wilfully act cont rary the re to he shal l be gui l ty of misdemeanour .
28. A l l t he costs of any such arbi t ra t ion and incident there to
to be sett led by t he arbi t ra tors shall be borne by t h e Company, unless the a rb i t ra tors shall award the same or a less s u m t h a n shall have been offered by the Company, in which ea se each pa r ty shall bear his own costs inc ident to t h e arbi t rat ion, and t h e costs of t he arb i t ra tors shall be borne; by t h e par t ies in equal proport ions, unless t he amoun t awarded shall be one- four th less than t he a m o u n t , in which case t he
| whole cos t s shall be paid | by the c la imant . | Provided t h a t | if | e i ther |
| pa r ty shall be dissatisfied wi th t h e costs a l l o w e d | by the arbi t ra tors | as |
aforesaid, t he costs m a y be taxed by the P ro thono ta ry , or other proper officer of t he Supremo Court , and the a m o u n t allowed by such officer shall be the a m o u n t of cos t s to be paid.
29. The a rb i t ra to rs shall deliver their award in wr i t ing to the
| Company , w h o shall r e t a in t h e same, and shal l | for thwi th , | on demand, |
| a t the i r own expense, furnish a copy thereof | to t h e o ther par ty , and |
| shall a t all t imes, on demand, produce t h e said award, and allow the | same to be inspected or examined by such par ty , or any person |
| appointed by h im for t h a t purpose, and t h e a m o u n t awarded shall be paid wi th in s ixty days after t he publ icat ion of such award. |
30. The submission to a n y such arb i t ra t ion m a y be made a ru le
of the Supreme Court , on t he appl icat ion of ei ther of the par t ies .
3 1 . N o award made wi th respect to a n y quest ion referred to
arbi t ra t ion unde r the provisions of this A c t shall be set aside for irre
| gular i ty or error in m a t t e r of | form. |
32. The Company shall m a k e compensat ion and satisfaction to
the said owners and occupiers ( the a m o u n t of such compensat ion and
satisfaction to be ascertained and recovered, in case of difference, in t he m a n n e r hereby provided) for t emporary , pe rmanen t , or recur r ing in jury , and all o ther damage, loss, cost, charges , and inconveniences which m a y in anywise be occasioned to the said owners or occupiers by t h e non-performance by t h e said Company of any of the mat te r s and th ings hereby required to be performed by t h e m or otherwise.
33 . I n every case where t h e Company shall take t empora ry
possession of lands by virtue of t h e powers hereby granted, it shall be
incumbent
i ncumben t on t h e m , wi th in one m o n t h after the i r en t ry upon such lands , upon be ing requi red so to do, to pay to t he occupier of t h e said lands t h e va lue of any crop or dressing t h a t m a y be thereon, as Avell as full compensat ion for any other damage of a t emporary n a t u r e wh ich he m a y sus ta in by reason of the i r so t a k i n g possession of the i r lands , a n d t hey shall also, from t ime to t ime du r ing the i r occupat ion of t h e said lands , p a y half -year ly to such occupier, or to t h e owner of t h e lands , as t h e case m a y require , a r en t to be fixed by two Jus t ices in case t he par t ies differ ; and shall also, w i th in six m o n t h s after t h e complet ion of the ra i lway, pay to such owner and occupier, or deposit in t he b a n k for t h e benefit of all par t ies interested, as t h e case m a y require , com pensat ion of all p e r m a n e n t or other loss, damage , or in jury t h a t m a y have been sustained by t h e m by reason of the exercise, as regards t h e said lands , of t he powers he reby granted , inc lud ing t h e full va lue of all clay, stone, gravel , sand, and other th ings t a k e n from such lands .
34. N o t h i n g in th is A c t shall be deemed to author ize t h e said
Company to t ake or en ter upon any lands be longing to t h e said Com missioners, or to a l te r or interfere w i th t he Grea t N o r t h e r n Ra i lway , or any o ther of t he works thereof, fur ther or otherwise t h a n is necessary for m a k i n g the junc t ion and in te r -communica t ion be tween t h e rai lways,
w i t h o u t t he previous consent in wr i t ing in every ins tance of t h e said Commissioners .
35 . The said Commissioners shall from t ime to t ime erect such signals and conveniences incident to the junct ion , e i ther upon their own lands or on t h e lands of t h e C o m p a n y ; and may f rom t ime to t ime appoin t a n d remove such wa t chmen , swi tchmen, and other persons as may be necessary for the prevent ion of danger to or in ter ference w i t h t h e traffic a t or near t h e junc t ion , and in all cases at t he expense of
t h e Company.
36. The work ing and m a n a g e m e n t of such signals and con
veniences, wherever s i tuate , shal l be unde r t h e exclusive regu la t ion of t h e said Commissioners.
37. N o t h i n g here in contained shall al ter or repeal or otherwise
affect t he " G o v e r n m e n t Rai lways A c t of 1 8 8 8 / ' and the " P u b l i c
W o r k s A c t of 1 8 8 3 . " 38 . I n this A c t t he word " Owner " shall m e a n any person or corporat ion who, unde r t h e provisions of the Act , would be able to sell l and to t he Company.
39. This A c t whenever cited shall be sufficiently described as
t h e " Y o u n g Wal l send Coal Company ' s Ra i lway A c t of 1888 . "
S C H E D U L E .
C o m m e n c i n g a b o u t t h e c e n t r e p o r t i o n of s i x t y , par i sh of Teralba, c o u n t y of N o r t h
u m b e r l a n d , a n d r u n n i n g i n a eas t er ly d irec t ion , cros s ing a G o v e r n m e n t m a i n road l e a d i n g
f rom C o o r a n b o n g to N e w c a s t l e , a t a n ang l e of t h r e e cha ins , for a d i s t a n c e of t h i r t y - s e v e n
cha ins , for a d i s t a n c e of t h i r t y - s e v e n c h a i n s s e v e n t y l i n k s ; a n d t h e n c e crosses Cocked
H a t Creek i n t o s e c t i o n s e v e n t y - o n e i n t h e s a m e d irec t ion for a d i s t a n c e of a b o u t
n i n e t e e n c h a i n s t h i r t y l i n k s ; a n d t h e n c e passes t h r o u g h R i d l e y ' s g a r d e n reserve for a
d i s t a n c e of a b o u t four c h a i n s ; a n d t h e n c e c o n t i n u e i n t h e same d i r e c t i o n t o a d i s t a n c e of t e n a n d a ha l f c h a i n s t o Mr. J . C. B o n a r i u s ' p r i v a t e proper ty , a n d c o n t i n u e s for
a d i s t a n c e of a b o u t e i g h t e e n a n d a ha l f c h a i n s ; a n d t h e n c e passes i n t o W a l l s e n d
Coal C o m p a n y p r o p e r t y a b o u t t h r e e c h a i n s s o u t h of t h e m a i n road a n d c o n t i n u e
i n t h e s a m e d irec t ion for a d i s t a n c e of a b o u t e i g h t a n d a half cha ins , cros s ing a
G o v e r n m e n t road l e a d i n g t o Cock le Creek W h a r f ; a n d t h e n c e c o n t i n u e i n t h e s a m e
d i r e c t i o n for a b o u t four c h a i n s cross ing Mi l lar ' s Creek ; a n d t h e n c e c o n t i n u e i n a s o u t h e a s t e r l y d i r e c t i o n for a d i s t a n c e of a b o u t s ix cha ins , c r o s s i n g a G o v e r n m e n t road l e a d i n g
t o Mi l lar ' s W h a r f ; a n d t h e n c e p a s s e s o v e r t h e h e a d of Cookie Creek i n a s o u t h e r l y
d i r e c t i o n of a b o u t th ir ty - four a n d a half cha ins , i n t h e d i s t a n c e crosses t h e G o v e r n m e n t
road l e a d i n g from N e w c a s t l e to t h e L a k e ; a n d t h e n c e c o n t i n u e d i n t h e s a m e d irec t ion of
a b o u t t h i r t y - s i x cha ins , a n d t e r m i n a t e s o n t h e H o m e b u s h a n d W a r a t a h r a i l w a y l i n e a t a
p o i n t a b o u t n i n e t y - t w o m i l e s s e v e n t y - e i g h t c h a i n s d i s t a n t from S y d n e y .
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