Adelaide Nairne Railway Act 1878 (SA)

AN NO QU ADRAGESIhfO PRIM0 ET QUADRAGESIMO

SECUXDO

No. 117.

An Act to provide .for the f irrnai i~t t o f a Lbnc of Rai lway from

~ d c i a i d c to n'ah-ue.

[Assented to, 30th November, 1878.1

HEREAS it is expedient to provide for the construction of a Prcambic.

W i ine of Railway fr, \m Adelaide to S'airnc: And whcrcas	plans of the proposed Railway, showing the lirlc thereof, together
with the book of reference thereto, ha,ve been duly prepared and deposited in the offices of the Surveyor-General, at Adelaide, and signed XI. C. Mais, Engiuee~*-in-('hief "-Be it therefor(. Enacted by the Governor fif t l ~ c Province of Sontl~ Australia, with the advice and consent of thc L~gisllrtive Council and House of Assembly
of the said province, in this present Parliament assembled, as
follows:

said plans so deposited at the offices of the Surveyor-Gonelal, at Adelaide,

1, The 1,ands Clauses Consolidation Act," and an Act, Xo. 26 Incorp~ration~

of 1855-6, to ammd " The Lands Clauses Consolidi~tiou Act," and

Thc Railways Clauscs Consolitlit tion Act," and an Act, No. 6 of

1858, to amend -' The Railways Clauses Consolidation Act,'' so f&r

as the same are severally applicable to this Act, shall be incor-

porated therewith and the said Acts shall be read and construed

togetller accordingly.

2. The Commissioner of Railways, hereinafter callcd '' The said Power to make

a

Commissioner," may make and maintain Line of kailway from Railway. veniences connected therewith, as thc same is delineated in the

41' Sz 42'T1[CTORIAE, No. 117.

Adelaide to Nuirne Railway Act.-3 878.

- . -. . ...

Adelaide, as aforesaid, or as may be delineated in any plans which may hereafter be so deposited, pursuant to any law for the time

being in force respecting such deposit of the said plans.

huge. 3. The gauge of the said Railway shall be five feet three inches,

and the rails to be used in the construction thereof shall be of	steel,
and of the weight of not less than sixtv pounds to the yard.

Power of

Commissoner. 4. The said Commissioner may demand any tolls for the use of the said Railway, not exceeding the following, that is to say-

To&. I. In respect of the tonnage of all articles conseyed upon the said Railway, or any part thereof not in this Act othcrwise par- ticularly specified, the rate cjf Nincpence per ton per mile:

For wool, measurement goods, fruit, and furniture, One Shilling per ton per mile:

For every description of carriage, not being a carriage adapted

and used for travelling on a R;lilway, and not weighing more than one ton, carried or conveyed on a truck or platform, One Shilling and Threepence per mile; and for any ton or fractional part of a ton beyond one ton which any carriage may weigh, Eightpence per mile.

Tolla for pmengera 11, In respect of passengers a d animals convcycd upon the said

and cattle.

Railway in carriages, whether belonging to the said Com-

missioner or otherwise, 3s follows-

For every person conveyed in or upon any such carriage, being

a first-class carriage, or compartmcnt of	a carriage, Fourpence
per mile:

For every person conveyed i11 a. second-class carriage or com- partment, Threepence per mile:

For every horse, mule, ass, or other beast of draught, or burden every ox, cow, bull, or neat cattle so conveyed, Twopence per	conveyed upon the said Railway, Sixpcncc per mile; and for
mile:

For every calf, sheep, lamb, pig, or other small animal con- veyed in or upon the said Railway, One Halfpenny per mile:

Provided always, that for every fraction of a mile a full mile may be charged, and that for any shorter distance than three miles, three miles may be charged.

Tolls to include use

fo motive power. 5. In the said tolls shall be included the toll for the use of the carriages, and of the engines or other means used for propel- ling the carriages on the said Railway, and no further charge thin is heretofore stated, shall be made therefor: Provided that nothing herein contained shall be construed to pxevent an extra charge being made for the use of engines and carriages for special and

express

41" & 42" VIC'I'ORIB, No. 117.

Adelaide to Nairne Railway Act.-1 878.

express trains: Provided also that nothing herein contained shall preclude private individuals from contracting with the said Com- missioner for permissioii to use their own trucks or carriages upen the said Railway.

articles, the wid Commissioner may charge a reasonable sum for tolls. 6. In addition to the prescribed tolls for the conveyance of Regulations an to

loading and rmloading: Provided always that the owners of goods shall be at liberty to employ their own servants for loading and unloading, subject to the regulations in force for the time being for the working of the said Railway.

7. The weight of all articles, except stone and timber, shall weight-how cleter-

be determined according to the u~mal avoirdupois weight; with respect to stone and timber, fourteen cubic feet of stone, and forty cubic feet of hard wood, and fifty cubic feet of other timber, shall be deemed one ton weight, and so on in proportion for any smaller quantity: Provided that any less quantity than half a ton may be charged as half a ton.

8. Notwitllstanding the rate of' tolls hereinbeforc prescribed, the Tolls for wpsrate

said Commissioner may law£ ully (Iemand the tolls fol 10 wing, for parce1'.

small packages and single articles of no great weight, that is to

say-

For the carriage of any parcel not exceeding twenty-eight pounds in weight, not exceeding Onc I'enny ppr rndc each:

For any parcel no1 exceeding fifty-six pounds in weight, not

exceeding 'l'hree Half pence per mile each.

For any parcel not exceeding one hundred and twelve pounds

in weight, not exceeding 'i'wopcncc per mile each; and

tional fifty-six pounds in weight: not exceeding One Penny per mile each for every addi-

For the carriage of any one boiler, cylinder, or single piece of

machinery, or single piece of timber or stone, or other single article, the weight of which shall exceed lour tons, the said Commissioner may demand such sum as he shall think fit:

Provided that articles sent in large aggregate quantities, although made up of separate parcels, such as bags of sugar, coffee, meal, and the like, shall not be deemed small parcels, but such term shall apply only to single parcels in separate packages.

9. In all cases where any article, matter, or thing, not being a ~ i ~ e d sum per ton for

small package, shall be carried or conveyed along the said Railway short distances.

for so short a distance that the sum of money authorised by this Act

to

Adelaide to Nuime Rltiiwq Act.-- -1 87 8. \

to be demanded or received for the same shall not amount to the slum of Three Shillings per ton, the sum to be paid in respect to the carriage thewof shall be Three Shillings per ton,

O d e, when to be

~emoved. 10. Owners or consignees of articles shall remove the same from the station or terminus of their destination on the said Rail- way within twelve working hours after their arrival there, unless such arrival shall be between the hours of four in the evening and seven in the morning, and in that case cvery such rcmoval shall be made within six hours after such hour in the morning, and in default of such removal shall be liable to demurrage at and after the rate of Two Shillings and Sixpence per ton; and further, if not removed after the expiration of twenty-four hours, at and after the rate of One Shilling per ton for every twenty-four hours or any part there- of: Provided, nevertheless, that if such articles be not removed from such station or terminus of their destination before the end of one week after their arrival there, the sum of Two Shillings and Six- pence per ton per week shall be charged and payable in respect of such goods for the warehouse-room thercof.

Panmgm' l w w e * 1 1. Every passenger travelling u p n the said Railway may take

with him his ordinary luggage, not exceeding one hundrtd pounds in weight for first-class yassengers, and sixty pounds in weight for other passengers, without any charge being mule: for carriage thereof.

~p~rop ia t ion	of	12. All tolls, rents, dues, charges, and: sums of	money which may
tolla, &c.

at any time be received anti levied under authority hereof, and all rents to arise from any lcaw of the said Railway, sllall be, from time to time, in such manner RS the Governor may prescribe, paid to the Treasurer for the public purposes of the said province.

Annud abstract of	13. The said Corn~nissioner	shall, on or before the first day of
accounts to be

published.	August in every year, prepare an annual account in abst~act of the total receipts and cxpcriditurc under authority hereof for the Railway by this Act authorised to be constructed, from what source soever the same Inay be derived, for and during the preceding year ending the thirtieth day of June, under the several distinct heads of receipts and expenditure, with a statement of the halance of the same account duly audited and certified by the Treasurer, and also by the Auditor-General, and a copy of such account shall be published in the Government Gazette.
Exemption from
rates.	14. The Railway by this Act authorised to be constructed, shall be, and is hereby declared to be, exempt from all rates and taxes whatsoever, whether local or general.

In the name and on behalf of Her Majcsty, I hereby asscnt*to

this Bill.

WM. F. DRUMMOND JERVOIS, Governor.

Adelaide : By authority, E. Spiller, Acting Government Printer, Xorth-terrace.