MINING-l~AILWAYS.
2
EDW.
VII. No. 8, 1902.
8559
Railwa.1Js .Act .Amendment .Act.
-----------------------
hereinafter called the Principal Act. The Principal Act
and" The Mining Act Amendment Act of 1901 ,,* and this
Act may together be cited as " The Mining Acts, 1898 to
1902."
2. For the purpose of affording better facilities for D~ainage of
the drainage of mines subject to inundation from percola- mmes.
tion of water accumulated underground and from other
sources, the following amendments are made in Part XII.
of the Principal Act : In section one hundred and eighty-four the words S.184.
"from a common source" are repealed, and the words
" whether from a common source, or by flood waters or
the discharge or flow of waters accumulated in any mine or
other place or the percolation of water from any source or
in any direction, or otherwise howsoever, and whether from
above ground or underground," are inserted in lieu thereof.
In section one hundred and eighty-six the word S.186.
"flooding" is repealed, and the word "inundation" is
inserted in lieu thereof.
RAILWAYS.
An Act to Amend the Railway Acts in Certain
Particulars.
[ ASSENTE J) TO 1ST NOVEMBER, 1902.]
B
E it enacted by the King's Most Excellent Majesty,
by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in
Parliament assembled, and by the authority of the same,
as follows : -
2 Edw. VII.
No. 8.
THE
RAILWAYS
ACT
AMENDMENT
ACT OF 1902.
- 1. (1.) This Act shall be read and construed with and Short title
as an amendment of <, The Railways Act of 1863," ., The ~~!struction.
Railway Act of 1864," " The R(J,ilway Amendment Act qf
1872," " The Railway and Tramway Extensions Act, 1880,"
" The Ilailways Act (:11888," "The Railways Act of 1688
Ame'ndment Act qf 1896," and "The Railways Acts
Amendment Act oJ 1900,"t and may be cited together with
those Acts as "The Railways Acts, 1863 to 1902," or
separately as "The Railways Acts Amendment Act
of 1902."
* 1 Edw. VII. No. 10, supra, page 8183.
t 27 Vie. No. 8, supra, page 2065; 28 Vie. No.
24, supra, page 2096; 36 -Vie.
No. 21, supra, page 2099; 44 Vie. No. 10, supra, page 2104; 52 Vie. No. 8, 8upra,
page 2596; 60 Vie. No. 30, supra, page 6097; and 64 Vie. No. 12, supra, page 7366.
8560
RAILWAYS.
Railways Acts Amendment Act.
Repeal.
[Schedule.]
Appointment
of
Commis·
sioner.
2
EDW.
VII. No. 8,
(2.) So much of the Acts hereinbefore mentioned
and of any other Act, and of any Regulation or By-law
made thereunder respectively, as are inconsistent with this
Act, and, in addition, the several Acts mentioned in the
Schedule to this Act to the extent therein indicated, are
repealed, except as to anything done or suffered or any
rights, claims, penalties, forfeitures, or liabilities already
accrued, incurred, and in existence thereunder at the date
of the passing of this Act.
2. Notwithstanding anything to the contrary contained in any of the Acts in the last preceding section
referred to, the Governor in Council may, by commission
under his hand and the Great 8eal of the State, appoint a
Commissioner for a term not exceeding seven years, and
upon such appointment all the functions, duties, rights,
liabilities, privileges, and powers imposed and conferred
upon the Commissioners or upon the Commissioner under
" The Railways Acts, 1863 to 1902," or any other Act
shall thereupon devolve upon and be performed and
exercised by such Commissioner.
3. All moneys from time to time appropriated by
~~;~;:!ated Parliament for the maintenance and management of the
for
railways yested in the Commissioner, and for all purposes
maintenance
a.nd
connected with such maintenance and management, sha11,
management. subject to the provisions hereinafter contained, be expended
undEr the direction and control of the Commissioner.
Expenditure
Expenditure
of money
appropriated
for new
railways and
for
rolling.stock.
4 . .A11 moneys from time to time appropriated by
Parliament for the construction of new railways and for the
construction or purchase of rolling-stock, and for all purposes in connection with such construction of new railways
or construction or purchase of rolling-stock, shall be
expended by the Commissioner under the direction and
control of the Minister.
Contracts.
5. (1.) The Commissioner may by his corporate name
contract for the execution of any work authorised by
" The Railways Acts, 1863 to 1902," or any oth~r Act to
be executed by him, or for furnishing fuel, materials, or
labour, or for providing locomotive engines or other rollingtltock or motive or tractive power, or for any other matters
or things whatsoever necessary for enabling him to carry
the purposes of the said Acts or such other Act into full
effect in such manner and upon such terms, for such sum;
and under such stipulations, conditions, and restrictions as
the Commissioner thinks proper:
.
RAILWAYS.
8561
Railways Acts Amendment .Act.
1902.
Provided nevertheless that, anything in the said:Acts
or such Act to the contrary notwithstanding, no such
contract shall be of any force or effect unless or until the
same has been approved and ratified by the Minister by
writing under his hand.
(2.) Every such contract shall be in writing, and
shall specify the work to be done, the fuel,' materials, or
labour to be furnished, and the price to be paid for the
same, and the time within which the work is to be completed and the fuel, materials, or labour to be furnished,
and the penalties to be suffered in case of non-performance
thereof; and every such contract may comprise several
works, and may in every case specify the person to whose
satisfaction the work or works is or are to be completed or
tbe fuel, materials, or labour furnished, and the mode of
determining any dispute which may arise concerning or in
consequence of such contract.
6. The Commissioner, with the approval of the Power to
1l....
. t er
.LulmS
" f ied b y WrI't'mg un der h'IS h an,
d may com- breach
compound
slgnl
of
pound and agree with any person who has entered into contracts.
any contract in pursuance of or under the authority of
"The Railways Acts, 1863 to 19U2," or any other Act, or
against whom any action or other proceeding is brought
or instituted for any penalty contained in such contract, or
in any bond or other security for the performance thereof,
or for or on account of any breach or non-performance
of any such contract, bond, or security, for such sum of
money or other consideration as the Commissioner with
such approval thinks proper.
7. In any action which may 'be brought against the Limit of
..
t
d
.
. damaaes
CommlSSIOner
0 recover
amages or compensatIOn
In
recov~rable
respect of personal injury, the Court or the jury shall not ~o~ personal
find or assess nor shall judgment be given or entered for Injury.
the plaintiff for any amount of money exceeding the amount
following, that is to say;If the personal injury results in permanent disablement, two thousand pounds;
If the personal injury results in temporary disablement, one thousand pounds.
8. In any action which may be brought against the Limit of
Oommissioner to recover damages or compensation in ~:~:~:ble
respect of loss of or injury to any animal, the Court or the in ;respect of
jury shall not find or assess nor shall judgment be given anImals.
8562
RAILWAYS.
Railways Acts Amendment Act.
2 EDw. VII. No. 8, 1902.
or entered for the plaintiff for any amount of money
exceeding the amount following, that is to say : For every horse, twenty pounds;
For every head of horned cattle, ten pounds;
For every sheep, one pound;
For every dog or other animal, five pounds;
unless in the case of an animal to be carried by railway
the owner of such animal or the consignor acting on his
behalf has, previous to consigning the same, declared the
value of such animal to be greater than the amount aforesaid, and has paid in addition to the freight an insurance
charge which shall in no case exceed, for everyone hundred
miles or part of one hundred miles of the proposed journey,
a sum equal to one shilling for .every ten pounds or part of
ten pounds of the value so declared.
9.
Limit of
In any action which may be brought against
damages
the COmmlSSIOner
..
t 0 recover damages or compensa
. t'IOn In
.
recoverable in
respect of
respect of loss of or injury to any passenger's luggage, the
f:;;~~~rs'
Court or jury shall not find or 3,ssess nor shall judgment
be given or entered for the plaintiff for a greater amount of
money than ten pounds in respect of the whole of such
luggage, unless the owner of such luggage has, previous
to entering on his journey, declared the value of such
luggage to be greater than ten pounds, and has paid an
insurance charge which shall in no case exceed, for every
one hundred miles or part of one hundred miles of the
proposed journey, a sum equal to one shilling for every
ten pounds or part of ten pounds of the value so declared.
_SCHEDULE .
•
Date of Act_
Title of Act.
Sections 2 and 3.
Sections 2, 3,
and 4.
Sections 19, 20,
The Railways Act of 1888
36, and 37.
The Railways. Act of 1888 Amend- Sections 6 and
10.
ment Aot of 1896
The Railways Acts Amendment Act Section 3.
The RailwaY8 Act of 1S63
The Railway Aot of 1864
27 Vic. No. 8...
28 Vic. No. 24...
52 Vic. No. 8...
60 Vic. No. 30
Extent of Repeal.
"'1
64 Vic. No. 12 ...
i
of 1900
_ _ _ _ _----'--1______________________________ _
REGISTRATION OF FIRMS.
See
FIRMS.