Kaitangata Railway.

Clutha Leader, Volume I, Issue 48, 10 June 1875, Page 5

Kaitangata Railway.

A bill entitled an ordinance to facilitate , the construction of the Kaitangata Railway, and to make provision for the regulation of the traffic thereof, has been brought down by the Government, and is now before the Provincial Council. It proceeds upon the preamble tbat a public company has been : been formed, and duly incorporated by the name pf the Kaitangata Railway and Coal Company (limited), for the purpose amongst others of constructing a line of railway connecting the Dunedin and Clutha line, at' the township of Stirling, with tbe the township of Ksitangata and the coal • mines adjacent thereto. The ordinance contains in all thirty- five clauses. The ' first five clauses deal principally with the powers conferred on the company, authorising the construction of the line and indicating the mode in which lands for tbe same may be obtained. . By clause six tbe Superintendent is authorised to use provincial reserves for the -purposes of the said . railway within certain limits. The nature , of the company's work is defined by clause ' ; seven, amongst; other, ; thing enabling the company to .'.erect, wharves and jetties at/ : such places abutting the banks of the river as the consent of Jbe/Supenhtenaent may ' be obtained thereto. The' more important ; clauses are:— (ls)., Superintendent, ; i ' acting by and with the i^nsent} ,t>f ; his • ' Executive/ Qoto^^ it expedient so to7dbf-fi"c and^etermihe by/ : proclamajiori/to ba published in the* ProI vincial -Gazette,Vthe7rrt^^ : fo be charged r-by/the/edto^ , [ carriage T bf .-igopds^ * storage of goods^^^ ; sheds or warehpaa^^^ . . ; to-run^each/"!^^ and departure from the terminal and interS mediate; ty^T^S^^^^^S^S: ; such restrictions, upon^the cpndsict of th^j hi the opinion of the '.iSap^ntetfdent-f-be' r moßt;cbndji^''-b7^^ i mtendent as aforeßarfp&hw each seaioo, and ahy^lt^a^^^^ ment in such regu^^o^^^ i-ymcm^Co^ mehdjtne i^apmn^^^MUWmm^^^m superintendent railway worka7ol?ct;heacompanyStoirethers . witnß^;^pHmg£|it-^ I -■•^d^tu^tj*-^ | at a price to bT determ '• ' :- : -- : i'A-yymaMM^^m^AAs

tbe award beirglthit if threrarbitrators oj any two of &*^&fc*&&ffißtar-. being chosen by the Superi^tehaen^nbth'erby the company; and 'the thifd^ arbitrator by ■' the two other arbitrators. • In determining the price to be paid to the, said company, the said arbitrators shall not award any compensation to the company in respect of the lands, tenements,, and hereditaments, the use of which shall have been acquired from the Superintendent under the provisions of this ordinance ; but the company shall receive in respect of * such lands, tenement"*, and hereditaments the fair value of all improvements made on such lands, ; and an equiva-en for the expenditure; laid out thereon. Upon payment' of the compensation so to be a warded, the company shall assign and transfer to the Superintendent all its estate, property, and interest in the railway, plant; and rolling stock, arid everything appurtenant thereto: Provided always that no compensation whatever shall be paid for any goodwill of the railway, nor for anything save and except the actual value of the land owned by the company, and the improvements effected thereon, and for the improvements •fleeted on land belonging to the Goverment, as stated in this section : Provided qeverthlcss that nothing herein contained shall authorise the purchase by the Super* intendent of the coal mines of the company,' or of that portion of the railway and works connected therewith, and the machinery, ; rolling stock, plant, implements, sheds, and depots required by the company in connection with the said coal mines, and that on any such purchase by the Superintendent, due provision shall be made for the , carnage of the coals of the company along and over the line of railway so to be purchased, and the lines of railway connected therewith, upon terms to be determined by arbitration as aforesaid. (18). The company shall not voluntarily assign , or part with its beneficial interest in its railway without the consent in writing of the Superintendent first had been obtained t ; Provided always that such consent shall not he necessary if the company shall at any tune give six calender months notice in ■■ writing to the Superintendent, intimating its intention to dispose of its interest in the ! railway, and tbe Superintendent shall not ; within such period of six calender months give notice of his intention to purchase the " railway, in exercise of the power in that behalf hereinbtf-re contained. (20). In ' the event of any unreasonable or unexcusable delay in the prosecution of the railway works, or in the event, of th«? company after the completion of the works m whole or in pa-t, so that the whole or any complete part or section of the line ; may be used for the purposes of traffic, not . running for the space of three clear days, without reasonable excuse, trains at the times and in the manner fixed and deter- ; mined by the Superintendent, the Superintenient may take possession and assume . the management of the railway and works, , and complete, the same and conduct the , traffic thereori, charging the company with ; all outlay and expenditure which may be entailed, and crediting the company with all earnings and receipts. And in such event there shall be paid by the company to the Superintendent, and by the Superintendent to the company, the balance which shall thereafter be foundj to be due from the one to the other of them from time to - time, the accounts being computed and. , rendered at intervals of not less than six ! calendar months.