THE RAILWAYS CONSTRUCTION AND LAND BILL.

Daily Telegraph (Napier), Issue 3167, 23 August 1881, Page 4

THE RAILWAYS CONSTRUCTION AND LAND BILL.

The Bailwsyß Construction and Latifl Bill was circulated on Friday last. It con tains 114 clauses, occupying 26 pages, and b divided into six parts. Pert I. gives power to the Governor in Council to Oijte: , into contracts with com . paniee formed for the construction of rail ways. No contract is to be made for an line which does not connect with a Govern ment railway. Railway works partially made may be inoluJsd in contraots. Al necessary plans and information are to b" furnished by the companies, and security may be required from them. The genera 1 purposes of all contracts are to be gazetterl »nd contracts are not to take effect unti ; approved by Parliament, but before ap proval the G-overnor in Council may grr.n certain privileges of entry on lands fo survey, &■.:., under due restrictions a3 t damage and compensation. Part 11. deals with the construction o railways by companies. Accurate plans a" to be> prepared and kept in some pubr place open to inspection, and to bo notifie by advertisempnt, and copies of the noti to be sent to every landowner affected. oompany's surveyor* may enter on lnnri make surreys, previous notice being given the owner or occupier, and any dama oaused by suoh entry ie to be m.ido go- . Powers of entry on land and of taking subject to suitable restriotions a* to fen"in etc., ar , given No land occupied by a building or y;ird or used as ft gaH ■ vineyard, niuntifcion, ornamental park pleasure ground, shall be entered up> without. t'if> owner's consent being firobtained, '.;"<■ Q -ill any trees or shru l, he out or injured, or any stone <> other material taken from any quarry < brickfield without, previous consent of tiv owner. Compensation is to be given out o the company's capitul for land taken for or damaged by the railway, to be assessed under the Public , Works Act. The gaugf of all railways is to be 3 feet 8 inches. Th" company is to have a right-of-way across roads and over lovel crossings, hut is not to etop trains on such crossings. Any alterations of roads, drains, gnpipes, &c, to be made without detriment to the public or owners, and as little alteration ■hall be made as possible. Plans of sue! , alterations are to be agreed on with the owners, and if no agreement can be come to, two Justices of the Peace are to settle thp dispute. Land may be occupied temporarily by a company after dne mfcice to th* , owner and occupier. Tf the latter object. two Justices of the Peace are t<< decide if such occupation is nece° gary and to settle the conditions. N> compensation is to be claimed for occupation of Crown lands. The company is only to acquire the right to use rVown lands, but the fee simple may be granted' ii' necossai-y. The company is to pronp"" ■without unreasonable delay in the con struotion of the works, and in supplying traffic accommodation on the line. The G-overnrr"?r<t is to have power of inspection of the works, rolling-stock, and buildings of the company, and any requisition made by the Government as to necessary alterations, repairs, &c., is to be carried out forthwith. A landowner may require any •mall parcel of land severed by a railway, or temporarily occupied, to be taken by the oompaay, wh'oh also may Bell or let any land nnr, wanted by it, the proceeds to form part of its capital. Part lIT. givea power to a company to borrow money on mortgage or debentures, the interest not to exceed 7 per cent., and to appoint the necessary agents. Such mortgages are to be a first charge on the present and prospective property of the company. Creditors of the company are to have no nlftim on the colonial revenue. Provision may be madi* for a sinking fund, whii'h mny be charged on the net profits of the company, which may also rehorrow to pay off loans. If a mortgage should not be paid whon due, a receiver may be appointed, in whom the comnany's property would vest until the debt should be satisfied, when his powers would cease. If the G-ovoraor purchase a railway, only the difference in value above the debts of the company is to be paid to the latter. Part TV, authorises the grants of Crown lands to companies. When a oontract is entered into, the Governor is to cause tin* withdrawal from sale of all the Crown lands adjoining the proposed line, and not more than 15 miles on each eide of it. Such lands are to be surveyed in rectangular blocks of not lees than 100 acres or more than 200 D acres, no block to have more than a mile of frontage to the line, and the company to have only each alternate block, and to be entitled to progress drawings in proportion to the work done, the Crown having a right to draw for an equal area. If no land adjoining the line is available, then land in the neighborhood benefited by the railway is to be set aside. The value of the land to be granted is to be calculated on its estimated market value prior to making the contract, and not to any prospective value accruing through the railway beinsj made. The company is to pay the value of improvements to persons holding land as tenants ivr lie -nsees of the Crown. Tn case tiny kni comprisfd in a block to which the company i« entitled is not. Crown land, or is in a srold field, or a r serve, nn equal area ie to be «et nnart. far the company in the nearest rown laii'ls. Crown grants are to be i'sp-i-ii'd to the company for the lands granted iin'l'T this ct, including sites for stations, (vc The maximum area of Crown land? to 'c granted to the company is not to exceed 0 per cnt. of the cost of the railway. Part V. relates to the management of railways by companies, and provides the necessary regulations for fares, freights, tolls, &c. Such railways are to be open to the public, '.'he Governor may reduce the fares, &c, under certain conditions, if tho company is making: excessive profits. Part Yγ. contains general provisions for mining powers over Government lines on terms to bp agreed on. It also gives power to the Governor to purchase any line after it hue been open 10 years, on giving 12 months' notice, tho price to be fixed by arbitration. No compensation to be paid for goodwill. If the company delay to complete the railway or to run trains, the Governor may take possession, us also in any case of breach of contract on the part of the company. No stamp duty is to be chargeable on contracts made or debentures isuied under this Act. Lands or property purchased or acquired by the company to vest in it absolutely, subject to the provisions of the Act.