An Act to enable the " Maryville Colliery Company (Limited)" to construct a Rail way or Tramway from land at Wickham near Newcastle to and connect the same with the Government Railway to Bullock Island Newcastle. [1st July, 1886.]
H E R E A S the " Maryville Colliery Company (Limited)" herein after designated the said Company have opened a coal-mine and established a colliery on a parcel of land situate at Wickham near Newcastle in the county of Northumberland And whereas the said Company have commenced and made considerable progress in the construction of a railway for conveying coals from the said mine and colliery across certain lands leased by them from one Peter Fleming and the " W i c k h a m and Bullock Island Coal Company (Limited)" respectively to the Government Railway to Bullock Island near New castle aforesaid but are unable to complete the construction of their said railway in consequence of Hannell-street Wickham aforesaid a n d certain intended streets of a proposed subdivision of the said land belonging to the said Peter Fleming intersecting the line of their said railway And whereas the completion of the said railway will be of great public benefit in promoting the supply of coal for local consump tion steam navigation and export And whereas it is essential to such completion that the said Company should be empowered to carry the l i n e of the said railway across the said certain intended streets of the said proposed subdivision of land at Wickham aforesaid belonging to the said Peter Fleming and also across Hannell-street Wickham aforesaid upon terms and conditions to be determined by Parliament Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows :-- 1. It shall be lawful for the said Company their sucessors or assigns upon the terms and conditions and subject to the provisos and other enactments hereinafter contained to complete and construct the said railway already so commenced as abovementioned across certain proposed streets known as and to be called Annie-street Jamesstreet and Robert-street of a proposed subdivision of certain land at Wickham aforesaid belonging to one Peter Fleming and also across Hannell-street Wickham aforesaid such railway to be in the line described in the Schedule hereto and to take and use so much of the said streets as may be required for the purpose of the said railway but so that the same shall not occupy in any part thereof a greater space in breadth than sixty-six feet. 2. The said Company their successors and assigns shall have all necessary rights of ingress and egress to and over the surface of the said Annie James Robert and Hannell-streets as are required for the construction repair completion and use of the said railway Provided that nothing herein contained shall impair or be held to impair the lawful authority of the Borough of Wickham or of any other corpora tion Company or person to make all entries and exercise all other powers necessary for the construction maintenance and preservation of gas-works water-works sewerage-works and other works lawfully con structed underground.
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3. The said Company their successors or assigns shall he at liberty to cross the said Hannell-street on a level and in that event they shall erect and at all times maintain good and sufficient gates across the said Hannell-street on each side of the railway crossing the same and shall employ proper persons to open and shut such gates and such gates shall be kept constantly closed across such street on both sides of the railway except during the time when horses cattle carts or carriages passing along the same shall have to cross such railway and such gates shall be of such dimensions and so constructed as when closed to fence in the railway and prevent cattle or horses passing along the road from entering upon the railway and the person entrusted with 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 of forty shillings for every default therein Provided always that it shall be lawful for the Secretary for Public Works in case he shall he satisfied that it will be more conducive to the public safety that the gates over the said Hannellstreet shall be kept closed across the railway to order that such gates shall be kept so closed instead of across the road and in such case such gates shall be kept constantly closed across the railway except when engines or carriages passing along the railway shall have occasion to cross such street in the same manner and under the like penalty as above directed with respect to the gates being kept closed across the street. 4. It shall be lawful for the said company their successors or assigns to use and employ on the said railway locomotives engines or other moving power and carriages and waggons to be drawn or propelled thereby. 5. The railway and locomotives shall be open to public use upon payment of a toll to the Company their successors or assigns of the rate per ton per mile from time to time charged to the public on the Great Northern Railway the party seeking transit supplying and load ing his own trucks or waggons and all trucks when emptied shall be conveyed on their return free of cost.
SCHEDULE. T h e c e n t r e line o f the M a r y v i l l e C o a l - m i n i n g C o m p a n y ' s R a i l w a y b r a n c h e s off f r o m t h e N o r t h e r n line o f t h e G o v e r n m e n t railway t o B u l l o c k I s l a n d at a point t w o h u n d r e d and t w o links distant f r o m the western e n d o f the G o v e r n m e n t R a i l w a y b r i d g e across T h r o s b y ' s C r e e k t h e n c e into a c u r v e eight chains radius n o r t h w a r d s t h e t a n g e n t o f w h i c h c u r v e bears t w o h u n d r e d and f o r t y - f o u r d e g r e e s t w e n t y - t h r e e m i n u t e s and thirty d e g r e e s a l o n g G o v e r n m e n t R a i l w a y g r o u n d t o t w o h u n d r e d and thirty-six links t h e n c e t h r o u g h t h e p r o p e r t y of the B u l l o c k I s l a n d C o a l - m i n i n g C o m p a n y in t h e c o n  tinuation o f t h e said c u r v e o f eight chains radius t o three h u n d r e d and t w e n t y - o n e links t h e n c e t h r o u g h a p u b l i c r o a d called Hannell-street in t h e c o n t i n u a t i o n o f t h e said c u r v e o f eight chains radius t o three h u n d r e d and sixty-nine links t h e n c e t h r o u g h section G o f t h e L i n w o o d Subdivision in t h e c o n t i n u a t i o n o f t h e said c u r v e o f e i g h t chains radius t o seven h u n d r e d and t w e n t y - e i g h t links t h e n c e t h r o u g h R o b e r t - s t r e e t o f t h e L i n w o o d S u b  division in the c o n t i n u a t i o n o f the said c u r v e o f e i g h t chains radius t o nine h u n d r e d and t w e n t y - t w o and a half links t h e n c e t h r o u g h section H of the L i n w o o d Subdivision in t h e c o n t i n u a t i o n o f t h e said c u r v e o f eight chains radius t o o n e thousand and sixty links t h e n c e t h r o u g h James-street o f the L i n w o o d Subdivision in a straight line b e a r i n g three h u n d r e d and n i n e t e e n d e g r e e s t e n m i n u t e s t o o n e t h o u s a n d t w o h u n d r e d and seven links t h e n c e t h r o u g h section J o f the L i n w o o d Subdivision in the c o n t i n u a t i o n o f t h e said straight line b e a r i n g three h u n d r e d and n i n e t e e n degrees ten m i n u t e s t o o n e t h o u s a n d t w o h u n d r e d and t h i r t y - o n e links t h e n c e t h r o u g h A n n i e - s t r e e t o f the L i n w o o d S u b  division in t h e c o n t i n u a t i o n o f the said straight line bearing three h u n d r e d and n i n e t e e n degrees t e n m i n u t e s t o o n e t h o u s a n d three h u n d r e d and sixty-six l i n k s t h e n c e t h r o u g h section L o f t h e L i n w o o d Subdivision in the c o n t i n u a t i o n o f the said straight line b e a r i n g three h u n d r e d and n i n e t e e n degrees ten m i n u t e s t o o n e t h o u s a n d f o u r h u n d r e d and sixtyseven and a half link's and lastly i n t o and t h r o u g h the p r o p e r t y o f the M a r y v i l l e Coal mining C o m p a n y in the c o n t i n u a t i o n o f the said straight line bearing t h r e e h u n d r e d and nineteen d e g r e e s ten minutes.

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