Mode of estimating compensation

Commissioner to pay money within a month

Lands taken in pursuance of this Act to vest in Commissioner without conveyance

Proceeding in case of refusal to give up land

Railways

diction against the Commissioner to recover the full compensation that he may be entitled to in respect of the land taken or resumed, entered upon or used. But no such action shall in any case be brought unless a claim to compensation shall have been made pursuant to the provisions of section fifteen and the Commissioner shall have given notice that he repudiates the same; and at the trial of any such action, it shall not be competent for the claimant to give any further evidence of his title to the land taken or resumed, or as to his right to compensation, than that which he has submitted to the Commissioner.

22. In estimating the purchase money or compensation to be paid in respect of any land taken or resumed, regard shall be had solely to the matters following-that is to say-to the value of such land at the time of its being taken or resumed, and without reference to any alteration in such value arising from the establishment of the railway; and to the damage, if any, sustained by the owner of such land by reason of the severance of such land from the other lands of such owner or by reason of such other lands being otherwise injuriously affected by the taking or resumption of such first-mentioned land as aforesaid.

23. All moneys which by this Act are directed to be paid by the Commissioner shall be paid by warrant from the Governor on the Colonial Treasurer to the party lawfully entitled thereto, or to his agent duly authorised on his behalf within one month after the amount payable shall have been determined; and the Commissioner, acting in pursuance of the powers by this Act vested in him, shall not be deemed to incur any personal responsibility whatever.

24. Whenever any land being along the line upon which the railway is authorised to be constructed, or within any lawful deviation from the same has once been set out, ascertained and finally appropriated for the purposes of the railway, such lands and the fee simple and inheritance thereof, together with all rights or easements, in or over the same, and all the estate, use, trust, and interest of every person therein, shall thenceforth be vested in the Commissioner for and on behalf of Her Majesty, to and for the purposes of this Act, for ever, as fully and effectually to all intents and purposes as if the same had been conveyed by the persons legally entitled to sell and convey the said lands; but, nevertheless, the Commissioner may, if he think fit in any case, demand a conveyance. Provided always, that it shall at all times be lawful for the Commissioner, with the approval of the Governor, to sell or otherwise dispose of any land which may have been taken in pursuance and by virtue of the provisions of this Act, and which it may be found is not required for the purpose of the railway.

25. If, in any case in which, according to the provisions of this Act, the Commissioner is authorised to enter upon and take possession of any lands required for the purpose of the railway, the owner or occupier of any such lands, or any other person refuse to give up the possession thereof, or hinder the Commissioner from entering upon or taking possession of the same, it shall be lawful for the Commissioner to issue his warrant to the Sheriff to deliver possession of the same to the person appointed in such warrant to receive the same,

Railways

and upon the receipt of such warrant the Sheriff shall deliver possession of any such land accordingly, and the costs accruing by reason of the issuing and execution of such warrant, to be settled by the Sheriff, shall be paid by the person refusing to give possession, and the amount of such costs shall be deducted and retained by the Commissioner from the compensation (if any) then payable to such party, or if no such compensation be payable to such party, or if the same be less than the amount of such costs, then such costs or the excess thereof beyond such compensation if not paid on demand shall be levied by distress, and upon application to any Justice for that purpose he shall issue his warrant accordingly.

WORKING OF RAILWAYS

26. No railway shall be opened for public traffic until the Commissioner has certified, by notice to that effect in the Government Gazette,' that such railway may safely be used for public traffic.

27 and 28. [Repealed by 43 Vic., No. 10, sec. 2.]

29. From and after the time that the Commissioner shall have commenced traffic on the line as aforesaid, he shall be deemed to be a common carrier, and, except as hereinafter otherwise provided, shall be subject to the obligations and entitled to the privileges of such

carrier.

30. The liability of the Commissioner, as a common carrier, shall be limited as follows: (that is to say) that no greater damage shall be recoverable for the loss of or injury done to any animal carried on any such railway beyond the sums hereinafter mentioned (that is to say), for any horse, Twenty pounds; for any neat cattle, per head, Fifteen pounds; for any sheep, pig, or other small animal, per head, Twenty shillings; unless the person sending or delivering the same shall at the time of such delivery have declared them to be respectively of higher value than as above-mentioned, in which case it shall be lawful for the persons authorised to take fares and tolls on the line of railway to demand and receive by way of compensation for the extra risk and excess of care thereby occasioned a reasonable percentage (according to a scale to be fixed in the same way as the list of fares and tolls, and published therewith) upon the value so declared above the respective sums so limited as aforesaid, and which shall be paid in addition to the ordinary rate of charge. Provided, always, that the proof of the value of such animals and the amount of injury done thereto shall in all cases lie upon the person claiming compensation for such loss or injury. Provided, also, that the Commissioner, as such common carrier as aforesaid, shall not be liable for the loss of or injury to any article or articles of property of the descriptions following; (that is to say) gold or silver coin, or any gold or silver in a manufactured or unmanufactured state, or any precious stones, jewellery, watches, clocks, or timepieces of any description, trinkets, bills, bank-notes, orders, notes or securities for payment of money, English or Foreign stamps, maps, writings, title deeds, paintings, engravings, pictures, gold or silver

VOL. I.

3 A

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plate or plated articles, glass, china, silks in a manufactured or unmanufactured state, and whether wrought up or not wrought up with other material, furs, or lace, or any of them, contained in any parcel or package which shall have been delivered either to be carried for hire or to accompany the person of any passenger on the said railway, when the value of such article or articles of property aforesaid contained in such parcel or package shall exceed the sum of Ten pounds, unless at the time of the delivery thereof to the person authorised to receive the same to be carried on the said line of railway, or, in case the same accompanies the person of any passenger, before such person commences his journey on the said line of railway, the value and nature of such article or articles of property shall have been declared by the person sending or delivering or accompanying the same, and such increased charge, by way of compensation for the extra risk and excess of care involved by the carriage of such article or articles, be paid to the person authorised to receive the same, according to a scale to be fixed in that behalf in the same way as the list of fares and tolls, and published therewith.

31. When any goods shall be delivered to be carried along or upon any railway, and the same shall have been carried safely to the place to which the Commissioner shall have contracted to carry the same, and shall have been duly discharged from the truck in which they were carried, the Commissioner shall be responsible only as a bailee for custody in respect of any damage or loss that may arise or accrue with reference to such goods until the removal of the same by the consignees thereof; and if such goods shall not be removed from the premises of the Commissioner within forty-eight hours of the time of such discharge, the Commissioner may charge a reasonable sum for the warehousing thereof, and recover the amount so charged from the person liable to pay or who shall have paid for the carriage of such goods.

32. No person shall be entitled to require any single article of goods to be conveyed upon or along the railway the weight of which, exclusive of the carriage, exceeds four tons, or, including the carriage, exceeds six tons, or which from its excessive bulk would be inconvenient to transport; but no objection on account of its weight or bulk shall be taken to the carriage of any boiler or single piece of machinery if the same can be transported on any single truck or carriage, or upon two or more trucks or carriages joined together, and if it be offered for transport at least twenty-four hours before the time fixed for starting.

33. [Repealed by 44 Vic., No. 17, sec. 2.]

34. If, on demand, any person fail to pay the tolls, rates, or charges due in respect of any animals or goods, the Commissioner may either recover the same in any Court of competent jurisdiction, or may detain and sell all or any of such animals or goods, or if the same have been removed from the premises may detain and sell any other animal or goods within such premises belonging to the person liable to pay such tolls, rates, or charges, and out of the moneys arising from such sale may retain the tolls, rates, or charges so payable, and all charges and expenses of such detention and sale, rendering the overplus (if any) of such moneys and the unsold animals or goods to the person entitled thereto.

Railways

persons

35. It shall be lawful for any officer or agent of the Commissioner, Power to seize and all persons called by him to his assistance, to seize and detain any certaint person who shall have committed any offence against the provisions of warrant this Act, or of the by-laws made under the authority hereof, and whose name and residence shall be unknown to such officer or agent, and give him in charge to a police constable, who shall convey him with all convenient despatch before some Justice of the Peace without any warrant or other authority than this Act; and such Justice shall proceed with all convenient despatch to the hearing and determining of the complaint against such offender.

36. When passengers are booked at any intermediate station for any train, the condition that there is room in such train shall in all cases be implied; and when there is not sufficient room for all such passengers, those booked for the longest distance shall have the preference, and those booked for the same distance shall have priority according to the order in which they are booked.

Booking at intermediate stations

conditional

rooms

Amended by 59

37. It shall be lawful for the Commissioner to devote a convenient Refreshment place at each station on the railway to the purposes of a refreshment room, and to let the same to some fit and proper person to use the Vic., No. 15 same for the supply and sale of spirituous and other liquors and refreshments; and it shall not be competent to the licensing Magistrates for the district within which any such refreshment room is situate to refuse to grant or transfer to any person to whom the Commissioner may with the approval of the Governor let any such refreshment room, any certificate required by 'The Wines, Beer, and Spirit Sale Act, 1872,' or any of the licenses mentioned in the fourth section of the said Act for which such person may apply. H. ST. GEORGE ORD,

Railways

FORM B

In the matter of The Railways Act, 1878,' and of certain land taken (or resumed, &c.) for the purpose of the

Railway

To the Commissioner of Railways for Western Australia

Sir, I have the honour to inform you that I am the (here describe nature of interest) of certain land (here describe the same) which has been taken (or resumed, or entered upon, or used, as the case may be) for the purpose of the

Railway.

I enclose the following title deeds, showing my interest in the said land.

(Here set out list of deeds.)

I consider that I am entitled to compensation in respect of the said land, and I claim, as full compensation for the taking of the same, including all buildings and fences thereon, and as damages for all injury done to the adjoining land belonging to me, by severance or otherwise, the sum of £ which sum I hereby declare to be my full claim in respect of the matters aforesaid.

I am, &c.

FORM C

In the matter of The Railways Act, 1878,' and of certain land taken (or resumed, &c.) for the purpose of the

Sir,-With reference to your letter of the

Railway day of

in which you inform me that you are the of certain land described in your said letter, which land has been taken (or resumed, &c.) for the purpose of the Railway, and in which you make a claim of £ as compensation for the land so taken, including all buildings and fences thereon, and as damages for all injury done to the adjoining land belonging to you, by severance or otherwise, I have now the honour to inform you, having submitted your title to the said land and your claim to compensation as aforesaid, to the proper legal authority, that I am satisfied as to your title and as to your right to compensation as aforesaid; but having subjected your claim, in respect of its amount, to competent valuation, I am unable to concur with you as to the amount of compensation to which you are entitled, and I have now, with the approval of His Excellency the Governor, to offer you, in lieu of the amount claimed by you, the sum of £ in full satisfaction of all claims made by you in your said letter.

If you should be willing to accept the offer which I now make to you, you will be good enough to inform me thereof without delay, and the said amount will be paid to you in accordance with the provisions of The Railways Act, 1878;' if you should be unwilling to accept it, you will please give me the necessary notice to proceed to arbitration upon the subject, pursuant to the provisions of the said Act. I have, &c., A.B., Commissioner of Railways.

FORM D

In the matter of The Railways Act, 1878,' and of certain land taken

(or resumed, &c.) for the purpose of the

Sir,-With reference to your letter of the

Railway day of

in which you inform me that you are the of certain land described in your said letter, which land has been taken (or resumed, &c.) for the purpose of the Railway, and in which you make a claim of £ as compensation for the land so taken, including all buildings and fences thereon, and as damages for all injury done to the adjoining land belonging to you, by severance or otherwise, I have now the honour to inform you, having submitted your title to the said land and your claim to compensation as aforesaid to the proper legal authority, that you have failed to satisfy me as to your title to the said land (or right to compensation)