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The Crown Lessees Arbitration Act, 1887

for the fair value of improvements from a purchaser or special occupation lessee or licensee, and appointed a person to act for him, and gave notice to such purchaser, special occupation lessee or licensee, to appoint another person to act together with such first-named person for the purpose of ascertaining the fair value of such improvements, and such purchaser, special occupation lessee or licensee, refused or neglected to appoint such other person, and such pastoral lessee or his successor in title shall, after the passing of this Act, give a like notice to such purchaser, special occupation lessee or licensee or to the successor in title of such purchaser, special occupation lessee or licensee, and the person receiving such notice shall, after the expiration of thirty days from such notice, refuse or neglect to appoint a person to act for him, then the person appointed by the pastoral lessee or his successor in title shall have power to decide the amount of such compensation, together with such costs not exceeding Fifty pounds, and his decision as to the amount of such compensation and of such costs shall be binding on the said purchaser, special occupation lessee or licensee, or on the successor in title of such purchaser, special occupation lessee or licensee, and shall be final and conclusive, without appeal. When after the passing of this Act any pastoral lessee so entitled as aforesaid shall have given the like notice he shall be entitled to the like remedy in the event of such refusal or neglect. When such purchaser, special occupation lessee or licensee, or the successor in title of such purchaser, Special occupation lessee or licensee, has appointed a person to act together with the person appointed by such pastoral lessee or his successor in title for the said purpose, any difference arising between such two persons shall be determined as provided by the Land Regulations of 1872 or of 1878 or of 1882, as the case might be.

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Beverley-Albany Railway Contract—Confirmation

the Governor acting on behalf of the Colony to enter into a Contract for the construction management and working of a Railway from Beverley to Albany and to do all things necessary and proper in that behalf;

And whereas in pursuance of the said power a Contract bearing date the twenty-fifth day of October 1884 was duly made and executed by and between Sir Frederick Napier Broome Knight Commander of the Most Distinguished Order of Saint Michael and Saint George Governor and Commander-in-Chief in and over the territory of Western Australia and its Dependencies &c. &c. &c. acting for and on behalf of the Government and Colony of Western Australia therein called ‘the Government’ of the one part and Anthony Hordern Esquire therein called ‘the Contractor' of the other part for the construction management and working of a line of Railway from Beverley to Albany proceeding in the direction shown upon a certain map or plan or within certain limits of deviation therefrom upon the terms and conditions in the said Contract specified and agreed upon ;

And whereas by one of the terms and conditions of the said Contract power was given to the Contractor to assign all or any of the powers rights and privileges thereby conferred upon him to a Syndicate or Company or other persons and it was provided that the Government of the Colony should have the same rights and remedies against such Syndicate Company or other persons and that such Syndicate Company or other persons should have the same rights and remedies against the Government as they would respectively have had if such Syndicate Company or other persons instead of the Contractor had been parties to the said Contract and that the said Contract should be in such case as far as necessary read and construed as if the words the Syndicate Company or other persons (meaning thereby such Syndicate Company or other persons as aforesaid) according as the case might require were substituted in the said Contract for the words ‘the Contractor.” Provided always that whenever any such assignment as aforesaid should be made notice in writing thereof should be forthwith given to the Government by the Syndicate Company or other persons to whom the said powers rights and privileges should have been assigned as aforesaid; And it was further provided by the said Contract that the assigns of the Contractor should for all purposes stand in the place of the assignor;

And whereas a Joint Stock Company under the name of the West Australian Land Company Limited has been formed and incorporated in England under the Companies Acts 1862 to 1888 of the Imperial Parliament for the objects amongst others of acquiring on such terms as might be arranged the benefit of the said Contract dated the twenty-fifth day of October 1884 made pursuant to ‘The BeverleyAlbany Railway Act, 1884 as aforesaid and to undertake the obligations imposed on the Contractor by that Contract and to carry such contract into effect (with or without modification as might be arranged); And a memorandum and Articles of Association of the said West Australian Land Company Limited were duly registered with the Registrar of Joint Stock Companies in England on the eighteenth day of April 1885;

And whereas by a Deed of Assignment dated the thirtieth day Beverley-Albany Railway Contract—Confirmation

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of June 1885 and made between the Contractor of the one part and the said West Australian Land Company Limited of the other part in pursuance of a preliminary agreement in that behalf dated the twenty-first day of May 1885 and made between the said Contractor and the said Company the Contractor for the considerations therein expressed did thereby assign to the said Company the benefit of the said Contract made between the Governor of the Colony and the Contractor and all the powers rights and privileges conferred upon the Contractor thereby to hold unto the said Company and their assigns absolutely;

And whereas due notice in writing of the said assignment was forthwith given to the Government of the Colony by the said Company; And whereas it is expedient that the said contract between the Government of Western Australia and the said Contractor and the o assignment thereof to the said Company should be confirmed by tatute;

And whereas since the making of the said Contract of the twenty-fifth day of October 1884 between the Government and the Contractor an accurate Survey has been made of the lands between Beverley and Albany through and over which the said line of Railway proceeds and it is expedient that the direction of the said line should be more exactly defined and set forth than in the said map or plan as aforesaid for the purpose of enabling the Contractor to exercise all the rights of entry upon and taking of lands reserved and granted to the Contractor by the said Beverley and Albany Railway Act 1884 the hereinbefore recited Contract and “The Railways Act, 1878' ‘The Railways Amendment Act, 1879' and “The Railways Amendment Act, 1882’:

Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies by and with the advice and Consent of the Legislative Council thereof as follows:–

1. The Contract bearing date the twenty-fifth day of October 1884 and made between the Government and Colony of Western Australia. of the one part and Anthony Hordern Esquire of the other part and the assignment bearing date the thirtieth day of June 1885 whereby the said Anthony Hordern did assign to the West Australian Land Company Limited and their assigns absolutely the benefit of the said Contract and all the powers rights and privileges conferred upon oSaid Anthony Hordern thereby are and each of them is hereby Confirmed.

2. All the powers rights and privileges conferred upon the said Anthony Hordern by the said Contract and all lands moneys and other benefits which by the said Contract are or ought to be granted paid to or conferred upon the said Anthony Hordern by reason of the Said Contract shall be granted paid to or conferred upon and shall Vest in and become the sole property of the said Company and the Government of Western Australia shall have the same rights and remedies against the said Company and the said Company shall have the same rights and remedies against the Government as they would each respectively have had if the said Company instead of the said Anthony Hordern had been a party to the said Contract and the said

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Power to construct a railway on the land defined in the Schedulo

Beverley-Albany Railway Contract—Confirmation

Contract shall be so far as is necessary read and construed as if the said West Australian Land Company Limited were substituted in the said Contract for the said Anthony Hordern the Contractor. Provided always that the said Company shall in all things perform carry out and complete the said Contract and perform all the duties and obligations and be liable to all the liabilities conditions and restrictions imposed upon the said Anthony Hordern by the said Contract and by “The Beverley-Albany Railway Act, 1884' and shall carry such Contract into complete effect according to the true intent and meaning thereof.

3. It shall be lawful to construct and maintain the said railway from Beverley to Albany with all necessary and sufficient works as provided for in the said Contract in the line and upon the lands described in the Schedule to this Act and the said Contract shall be read and construed so far as is necessary and consistent with the context as if the description of the line of railway in the Schedule hereto had been inserted in a Schedule to ‘The Beverley-Albany Railway Act, 1884' and in a Schedule to the said Contract.

F. NAPIER BROOME,
GovePNOR.

SCHEDULE
DESCRIPTION OF LINE of RAILWAY

The Albany-Beverley Railway commences at a point on the end of a jetty or pier near Albany, within Princess Royal Harbour, as defined by Section 13 of the ‘Hordern Contract”; thence along the jetty by a straight line bearing 10° 30' for 1,795l. ; thence by a curve to the left of 9C. radius for 1,100l.; thence by a straight line bearing 300° 30' for 2,9671.; and thence by a curve to the left of 80c. radius for 1,4271. ; thence by a straight line bearing 290° 45' for 1,298l., and by a curve to the right of 40c. radius for 1,4731., opposite the South end of Mount Street at 1m. 898l.; thence by a straight line bearing 311° 51' for 382l., crossing the South end of Osnaburg Street at lm, 2,4981, and by a curve to the left of 30c. radius for 1,3641.; thence by a straight line bearing 285° 50' for 8561., crossing Spencer Street at 1m. 39c. 281, and by a curve to the left of 30c. radius for 1,321.l., crossing the South end of York Street at 1m, 53c. 911.; thence by a straight line bearing 260° 36' for 462.l., and by a curve to the left of 60c. radius for 600l. ; thence by a straight line bearing 254° 52' for 350l., crossing Parade Street at 1m. 72c. 08l., and by a curve to the right of 15c., radius for 94.91, crossing Gairdner Street at lm. 79c. 18l.; thence by a straight line bearing 291° 22' for 1,064l., crossing Melville Street at 2m. 6c. 58l., and by a curve to the right of 50c. radius for 708l.; thence by a straight line bearing 300° 37' for 462.l., and by a curve to the left of 15c. radius for 1,235l., crossing Bay Street at 2m. 26c. 98l.; thence by a straight line bearing 253° 27' for 31, and by a curve to the right of 15c. radius for 1,1071. ; thence by a straight line bearing 296° 27' for 1,045l., and by a curve to the right of 40c. radius for 1,3971. ; thence by a straight line bearing 313°28' for 2,942], crossing the Albany Township boundary into Location 2 at 3m. 7c. 36l. In the Township of Albany the Railway enters the following fee simple and other lands:–496 A, D 1, D2, 497 A, Sub. 70, E 1, E 5, E 4, E 2; 165, 166, 167, 168, 169; B 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 62, 63, 64, 65, 66, 67,68, 69,70, 71, 72,73, 80, 81, 82, 83, 84,

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