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New Zealand Times, Volume XXXII, Issue 5120, 21 August 1877, Page 2

The Bill, introduced by the hon. the Minister of Public Works to provide for the construction of district railways by joint stock companies formed for the purpose, is framed with the good intention of facilitating the opening of railway communication in parts of the colony which are at present without it, and to promote the more speedy settlement of the country. It is proposed that the Act shall come into operation on the Ist of January next, when the Railway Companies Act, 1875, will be repealed, existing rights under it being preserved. When any company proposes to construct a railway under the Act, plans and books of reference showing the lands required to be taken and other particulars, are to be made, and copies deposited in some public place in each borough or township in the district through which it is intended to construct the line, and notice of such deposit is to be gazetted and published in the local newspapers, and copies of the notice are also to be given to owners and occupiers of land. The area of the railway district is to be set out in the notice, and a classification of lands is to be made for rating purposes on the following basis: —(l.) Lands receiving or supposed to receive immediate and direct benefit from the construction of the railway. (2.) Lands receiving or supposed to receive less direct benefit. (3.) Lands receiving only the benefit incidental to or derived generally from the construction of such railway. (4) All other lands (if any) affected. Within thirty days after the deposit of the notice the company is to apply to the county councils, who are to hold meetings to consider the proposals submitted to them, and may pass a resolution consenting to them or a.modification of them, as maybe thought fit, or they may reject them, in ' which latter case no further proceedings are to be taken by the company. But if the proposals, or a modification of them, are agreed to,. .or if the Council be equally divided in opinion upon the question, proceedings are to be taken to ascertain the votes of the ratepayers, and if within sixty days the ratepayers in the district object to the railway, the Governor shall declare his disapproval of its construction. Within ninety days after the deposit of the plans and books of reference before referred to an application must be made to the Governor, who may require explanatory information. If within four months from the deposit of the plan the company is informed that the railway is objected to it is not to be constructed. Powers are given for entering upon and taking lands, the owners being compensated by the company for damages sustained, or for land taken or affected by the railway. Before entry, fences are to be erected in certain cases, and buildings, yards, gardens, &0., are not to-be entered without consent. When the title to the land is doubtful, or the owner is absent, compensation is to be paid to the Public Trustee. The Governor may give permission to occupy waste lands, and may permit a public reserve not granted or held under lease to be used. The gauge of every railway constructed under the Act is to be of the width of three feet six inches. The alterations of roads are to be made without detriment to the public or to the owners; and if no agreement can be arrived at between the parties, two Justices of the Peace are to settle the dispute. \ Owners may require small parcels of land which are severed to be taken, and land not wanted may be sold by the company, and the proceeds of such sale are to form part of the capital of the company. The Governor may agree with companies for running powers over their lines, and may purchase railways on giving notice, the price to be determined by arbitration. The company is not to sell, mortgage, or assign without consent. Powers are conferred on the Governor to take possession of railways in case of unreasonable delay in the construction of the works, or in the case of neglect to run trains. Telegraphs may be constructed by Government on the railways, and the companies are required to carry all mails free of charge. Every company constructing a railway under this Act is to be guaranteed interest on its cost at a rate not exceeding seven per cent., to be raised as follows: Each borough council and county council in the district in which the railway is constructed shall yearly levy such a special rate as will produce a sum not exceeding five per cent, per annum on such coat. The remaining two per cent, shall be a charge upon the Consolidated Revenue of the colony. Nothing in the Act is to affect the provisions of the Railways Regulations and Inspection Act, 1873, which is to apply to all railways constructed under the new Act.