A.D. 1897. Penalty for damage to instruments, Railway, &c. Company may mortgage Railway. Company may construct telegraphs, &c. Government may affix wires. Company may select site for terminus at Macquarie Harbour. Plan of terminus at Macquarie Harbour to be deposited with the Minister. North Mt. Lyell & Macquarie Harbour Railway. arbitration, and award shall be paid by such person, and such payment may be enforced by action in any Court of competent jurisdiction on a count for money paid at the request of such person. 61 If any person shall wilfully interfere with, move, injure, or damage any poles, stakes, marks, or instruments used by the Company, or its agents, servants, or workmen, for the purpose of surveying or marking out the line of the Railway or otherwise in connection therewith; or if any person shall wilfully do or commit any damage, injury, or spoil, or any nuisance to or upon the Railway or other roads or ways, or to or upon any other works of or belonging to the Company, such person shall for every such offence forfeit and pay to the Company a sum not exceeding Twenty Pounds over and above the damages occasioned thereto. 62 Subject to the provisions of this Act, the Company may mortgage or charge the Railway or its equipment for the purpose of securing the payment of any sum or sums of money borrowed or raised by the Company to the same extent as the Company has power to mortgage or charge any other property belonging to it. 63 The Company may construct, maintain, and work and use for its own profit along the route of the Railway, and along the route of any branch line of Railway which the Company are by this Act authorised to construct, one or more lines of electric telegraph and telephones, or any electrical works or machinery for the generation and transmission of electricity for motive power or for light; but Government messages shall have priority on such lines of telegraph and telephones, if required; and, subject to the use of such lines of telegraph and telephones by the Company, and to the priority, if claimed, of Government messages, such lines of telegraph and telephones shall be open for receiving and sending messages by all persons without preference or favour, and at the same rates as those charged for like messages on Government lines of telegraph and telephones. 64 The Government may affix telegraphic and telephonic wires upon any posts erected by the Company along the route of the Railway, or along the route of any branch line of Railway which the Company are by this Act authorised to construct, and maintain and use such wires for the purposes of telegraphic and telephonic communication. 65 It shall be lawful for the Company, with the approval of the Minister, to select and cause to be surveyed a block of Crown land not exceeding an area of Five acres at or near Kelly's Basin, in Macquarie Harbour aforesaid, as a site for the terminus of the said Railway at Macquarie Harbour aforesaid, and for the erection of such buildings as may be required by the Company at such terminus for the efficient working and maintenance of the Railway, and for such other purposes as the Company may require it. 66 Before the Company shall commence to construct the said Railway they shall deposit with the Minister a proper plan of such block of Crown land as shall have been selected and surveyed as herein before provided for use as the site of the terminus of the said Railway at North Mt. Lyell & Macquarie Harbour Railway. Kelly's Basin, Macquarie Harbour aforesaid; and such plan shall be A.D. 1897. 67 The Company shall be entitled to the exclusive occupation and The Company use of such block of Crown land as aforesaid as soon as the same shall shall be entitled have been surveyed, and thereafter so long as the Railway is in to the exclusive occupation and 'course of construction, or is being maintained and worked in accordance use of terminus 'with the provisions of this Act. so long as Railway is maintained and worked. Railway, all 68 If the Company shall properly construct the Railway, and shall maintain and work the same for a period of Five years in accor If Company prohibited within dance with the provisions of this Act, it shall be lawful for the Five years by Governor, in the name and on behalf of Her Majesty, to grant the said Supreme Court block of land to the Company to hold the same in fee simple: from constructing Provided always, that if the Company shall at any time before the or working the Railway shall have been maintained and worked for a period buildings on of Five years as aforesaid be prohibited by the Supreme Court, as terminus at hereinafter provided, from proceeding further in the construction of Macquarie the Railway or from continuing to work the same on account of Harbour to any breach of any of the provisions of this Act, the Company shall cease to have any right or title to the occupation or use of such block of Crown land as aforesaid, and all buildings and erections thereon shall thereupon become the property of the Crown. become the property of the Crown. 69 Every person who shall wilfully or maliciously commit or cause Penalty for any injury to any part of the railway, or to any engine or carriage injuring railway, or truck belonging to the Company and used on or in connection with &c. the railway, or who shall commit or cause any injury to any building or shed or other erection, or to any machinery or tool or appliance belonging to the Company and used in connection with the railway, or who shall throw any stones, gravel, earth, timber, or any other material or rubbish on any part of the railway, or who shall drive or cause or allow to be driven any animal on any portion of the railway where the same is fenced on both sides, or does any other act which obstructs the working of the railway or endangers any engine or carriage or truck or any person riding therein; and every person who shall attempt to commit any of the acts or offences aforesaid shall, upon conviction, be liable to forfeit and pay for every such act or offence a penalty not less than Fifty Pounds, or to be imprisoned for any term not exceeding Six months, and to pay such sum as the Court or the convicting Justices may assess as the amount of damage done to any property of the Company by the committal of the offence. 70 It shall be lawful for the Minister, with the consent of Minister may Parliament, at any time after the expiration of Twenty-one years from purchase Railway the date of this Act, or earlier if the Company shall so agree, to give upon notice. the Company notice of the intention of the Crown to purchase the Railway, including the terminus used at Kelly's Basin, and all other land acquired by the Company under the provisions of this Act, at the expiration of Six months after the date of such notice, and to take and acquire the permanent way, rolling stock, and equipment of the said Railway, and all land and buildings belonging thereto, and to compensate the Company as hereinafter provided. [Private.] A.D. 1897. Compensation upon purchase of Railway. If Governor and agree, may proceed to arbitration. If Company fail to appoint arbitrators. Vacancy in a:bitrators. Accounts of cost of construction to be submitted to Auditor-General, Accounts of construction subject to 52 Vict. No. 43. North Mt. Lyell & Macquarie Harbour Railway. 71 The amount of compensation to be paid to the Company upon the purchase by the Crown of the Railway shall be the actual cost of the construction work, with an amount added equal to Twenty per centum on such cost of construction, and the value of all equipment, rolling stock, plant, goods, and chattels of the Company used or intended for use on or in connection with the railway. Provided that if at the time of such purchase the railway shall not be in good and efficient repair and condition, and sufficient in all respects for the traffic thereof, then the sum necessary to put the said railway in such repair and condition as aforesaid shall be deducted from the sum that would otherwise be payable to the Company as such compensation, and in case of dispute shall be settled by arbitration as hereinafter provided. 72 In the event of the Governor in Council and the Company not agreeing upon the sum to be paid to the Company upon the purchase by the Crown of the Railway, the question shall be referred to the determination of Five arbitrators, Two of whom shall be appointed by the Governor in Council, and Two of whom shall be appointed by the Company, and the Fifth arbitrator shall be appointed by the Four other arbitrators. Provided that in no case shall such compensation exceed Twenty per centum on the amount actually paid by the Promoters for such construction work, rolling stock, equipment, goods, and chattels, nor the value of the same. 73 If the Company shall fail or refuse to appoint Two arbitrators for the purpose aforesaid within a period of Three months after having received notice in writing from the Minister so to do, it shall be lawful for the Governor in Council to appoint Two arbitrators to act with the Two arbitrators appointed by the Governor in Council, and such Four arbitrators shall appoint a Fifth arbitrator, and the Five arbitrators so appointed shall determine the price or sum to be paid by the Crown upon the resumption of the land comprised in the said lease. 74 If any vacancy shall occur among the arbitrators before they have fixed such price or sum as aforesaid, such vacancy shall be filled up by the appointment of another arbitrator by the same authority by which the arbitrator whose place has become vacant was appointed. 75 For the purpose of ascertaining the actual cost of the construction work under this Act, the Company shall, upon completion of the said railway, and thereafter from year to year, submit to the AuditorGeneral accounts and proper vouchers of all construction works; and upon computing the amount of compensation to be paid to the Company in the event of the purchase of the railway, the amount of the accounts as passed by the Auditor-General shall be deemed to be the actual cost of the construction of the railway. 76 The accounts of the Company in and about the construction of the railway shall be subject to all the provisions of "The Audit Act, 1888," in the same manner in all respects as if such accounts had been specifically mentioned therein. North Mt. Lyell & Macquarie Harbour Railway. 77 After the railway is completed and open for traffic, no new A.D. 1897. works of construction in connection with the railway shall be commenced New works of or completed without the consent of the Governor in Council, and in construction to event of any such works being constructed without such consent, such be approved by works shall not be deemed construction works for the purpose of the Governor in computing the amount of compensation to be paid to the Company upon the purchase of the railway. 78 If the Company shall be guilty, without reasonable cause, of any If Company breach of any of the provisions of this Act, and such breach shall guilty of breaches continue after reasonable notice shall have been given by the Governor of Act, the Attorneyin Council to the Company to put an end to or remedy the same, the General may Attorney-General may, when and so often as any such breaches may move Supreme happen, apply to the Supreme Court for a Rule calling upon the Court to prohibit Company to show cause, on a day to be mentioned in such Rule, why further proceedthe Company should not be prohibited from proceeding further with ing. the construction of the Railway, or from continuing to work the same, upon such grounds as may be set forth in such Rule; and such Rule may be served upon the Company either by delivering the same to the agent of the Company under this Act personally, or by leaving the same at the registered office of the Company in Tasmania. 79 If on the hearing of such Rule the Court shall be satisfied, either by affidavit or otherwise, that the Company has been guilty, without reasonable cause, of any of the breaches of the provisions of this Act set forth in the said Rule, and that any such breach has continued after such reasonable notice as is mentioned in the immediately preceding Section has been given, the said Court may, and is hereby authorised and empowered, to prohibit the Company from proceeding further with the construction of the Railway, or continuing to work the same. Provided, that the Court upon the hearing of any such Rule may, if it shall consider that the justice of the case would be met by so doing, order the Company to pay to the Treasurer such a sum of money as the said Court may consider reasonable by way of penalty for the breach of any of the provisions of this Act. And the said Court may also make such Order as to the costs of the proceedings as it may think fit; and any Order so to be made for the payment of any sum of money or costs as aforesaid may be enforced in the same manner as may for the time being be provided for the enforcement of decrees and orders of the said Court in its Equitable Jurisdiction. Supreme Court ing, or may order grant time to file 80 The said Court may from time to time adjourn the hearing of Court may any such Rule to show cause as aforesaid, and may give to the Company adjourn the such time as to the Court may seem reasonable for the purpose of hearing, and may enabling the Company to file such affidavits as may be considered affidavits; necessary in opposition to the ground set forth in the said Rule, and any affidavits that may have been filed in support thereof, and may also allow further time to the Attorney-General to file any affidavits in reply as to the Court may seem expedient; and the said Court may and may order also, if it shall see fit, direct the truth of the grounds set forth in the issues to be tried said Rule to be decided otherwise than by affidavit, and for that by a jury. A.D. 1897. Rights to be forfeited. Company to have 48 Vict. No. 16. Power to assign and transfer rights, &c. How Act to be read on completion of assignment, &c. Railway to be Twelve months North Mt. Lyell & Macquarie Harbour Railway. 81 In the event of the Company being prohibited by a Rule of the Supreme Court from proceeding further with the construction of the Railway, or from continuing to work the same, as herein before provided, the Company shall lose and forfeit all rights, powers, and privileges conferred by this Act. 82 (1.) The Company incorporated and registered in Melbourne, in the Colony of Victoria, under the name of "The North Mount Lyell Mining Company, No Liability," shall, if not already registered under "The Mining Companies (Foreign) Act," forthwith register under that Act with the Secretary of Mines the name and place of abode or business of the person appointed by such Company to carry on the business of the Company in Tasmania, and also the situation of the Office of such Company; and the person so registered shall be deemed to be the Agent of such Company, and such Office shall for all purposes be the Registered Office of such Company. (2.) Upon such registration the said Company may sue and be sued in its corporate name in Tasmania, and proceedings against such Company shall be in the same manner, and the liabilities of the Company and of all persons in respect of such registration shall be the same, as provided by "The Mining Companies (Foreign) Act.” 83 It shall be lawful for the Company or its assigns at any time and from time to time, by deed or instrument in writing, to assign and transfer all the rights, powers, privileges, benefits, concessions, and advantages conferred upon them by this Act to any person or persons, or to any duly incorporated Company; and upon such transfer or assignment being signed or executed, the person or persons or duly incorporated Company in whose favour such transfer or assignment is made shall then stand in the place of the Company, and shall have all the liabilities, rights, powers, privileges, benefits, concessions, and advantages conferred upon the Company by this Act, including the power of assignment given by this Section, and shall be subject to all the obligations and conditions imposed upon the Company by this Act. 84 Upon the completion of any such assignment or transfer as in the last preceding Section mentioned, this Act shall be read so that whenever the word "Company" occurs it shall be omitted, and the name of the Company, local authority, association, syndicate, partnerships, person or persons so purchasing or acquiring the Railway, land, machinery, and other works shall be read and taken to be inserted in its stead. 85 The Company shall commence the construction of the Railway commenced within in a bona fide manner within Twelve months from the date of this Act, and shall complete the construction of the Railway in accordance with the provisions of this Act within a period of Four years from the date of this Act. and completed within Four years. Offences to be dealt with summarily. 19 Vict. No. 8. 86 All offences against this Act or any Bye-law made in pursuance of this Act shall be heard and determined, and all orders shall be made, and all penalties and sums of money imposed or made payable by this Act or any such Bye-law shall be recovered in a summary way, in the mode prescribed by The Magistrates Summary Procedure Act, |