Barunga Gap and Black Point Railway Act 1877 (SA)

ANNO QUAI)RAOESIMO ET QUADRAGESIMO PBIMO

VICTORIB REGIN&.

No. 72.

An Act to provide for the .formation qf a Line of Railway from

Barunga Gap touwds Black Point.

[Assented to, 21st December, 1877.1

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

W Line of Xai1way from Barunga Gap t o ~ ~ s r d ~ i Black Point:	And, whereas plans of thc proposcd Railway, showing thc line thereof,
together with the book of reference thereto have been duly preparcd and deposited in the offices of the Surveyor-Generd, at Adelaide, and signed " H. C. Mais, Engineer-in-Chief "-Be i t therefore Enacted by the Governor of the Province of South Australia, with the advice and consent of the Legislative Council and E-Iouse of Assembly of the said Province, in this present Parliament assembled,
at4 follows:

said plans so deposited at the ofices of the Surveyor-general, at Adelaide,

1. " The Lands Clauses Consolidation Act," and an Act, No. 26 Inoorporation.

of 1855-6, to amend " The Lands Clauses Consolidation Act," and

" The Railways Clauses Consolidation Act," and an Act, No. 6 of

1858, to amend "The Railways Clauses Consolidation Act," so far

as the same are severally applicable to this Act, shall be incor- porated therewith, and the said Acts shall be rcsd and construed together accordingly.

2. The Commissioner of Railways, hereinafter called " The said Power to make Rail-

way.

Commissioner," may make and maintain a Line of Railway, from conveniences connected therewith, as the same is delineated in the

40" & 41° TrICTORIB, No. 72.

Barungn Gap Railway Act.-1877.

Adelaide, as aforesaid, or as may be delineated in any plans which may hereafter bc. so deposited, pursuant to any law for the time being in force respecting such deposit of the said plans.

Gauge. 3. The gauge of the said Railway shall be thee feet six inches,

and the rails to be used in the construction thereof shall be of iron,

and of the weight of not less than forty pounds to the yard.

~owers of Commis. 4. The said Commissioner may demand any tolls for the use of

sioner. the said Railway, not exceeding the following, that is to say-

I. In respect of the tonnage of all articles conveyed upon the said Railway, or any part thereof not in this Act otherwise par- ticularly specified, the rate of Nincpence per ion per mile:

For wool, measurement goods, fruit, and furniture, One Shilling

per ton per mile:

For every description of carriage, not being it carriage adapted and used for travelling on a Railway, an& not weighing more than one ton, carried or conveycd 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.

To& for paesengem 11, In respect of passengers and animals conveyed upon the said For every person conveyed in or upon any such carriage, being a first-class carriage, or compartment of a carriage, Fourpence per mile:

and cattle.

Railway in carriages, whether belonging to ihe said Com-

missioner OF otherwise, as follcrws-

For every person conveyed in a second-class carriage or com-

partment, Threepence pcr mile:

For every horse, mule, ass, or other beast of draught or burden

conveyed upon the said Xailway, Sixpence per mile; and for

every ox, COW, bull, or neat cattle so conveyed, Twopence per

milc:

For every calf, shecp, lamb, pig, or other small animal con; veyed in or upon thc 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.

TOUE to include use 5. In the said tolls shall be included the toll for the use of the carriages, and of the engines or other mcans used for propel- ling the carriages on the said Railway, and no further charge than is heretofore .stated shall be made thcrefor: Provided that nothing herein contained shall be construed to prevent an extra charge being made for the use of engines and carriages for special and

of motive power.

express

40" $ 41" VICTORIr!, No. 7'2.	3
Bamncqa Gap Kailway Act.-1877.

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

articlcs, the said Commissioner may charge a reasonable sum for tolls. 6. In addition to the prescribed tolls for the conveyance of Regulations as to

loading and unloading: Providcd 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.

be determined according to the usual avoirdupois weight; with mined. 7. The weight of all articles, except stone and timber, shall Weight how deter-

respect to stonc 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 bc charged as half a ton.

8. Notwithstanding thc rate of tolls hereinbefore prescribed, the Tolls for separate

said Commissionpr may lawfully denland the tolls following, for parcola.

small packages and single articles of no grcat weight, that IS to

say-

For the carriage of any parcel not exceeding twenty-eight pounds in weight, not exceeding One Penny per mile each:

For any parcel not exceeding fifty-six pomds in weight, not

exceeding Three Halfpence per mile each:

For any parcel not excekding one hundred and twelve pounds

in weight, not exceeding Twopence pcr mile each; and

not exceeding One Pcrmy per mile each for every addi-

tional fifty-six pounds in wcight:

For the carriage of any one boiler, cylinder, or single piece of machinery, or single piece of timber or stone, or other sin& articlc, the weight of which shall exceed four 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 sumar, coffee, meal, and the like, shall not be deerncd small parcels, 'out such term shall

apply only to single parcels in separate packages.

9. In all cases where any article, matter, or thing, not being a Fked e m per bnfor

small package, shall be carried or conveyed along the said Xailway sh0fiaistmce8.

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

to

40" & 41" VICTORIB, No. 72,

to be demanded or received for the same shall not amount to thc sum of Three Shillings per ton, the sum to be paid in respect to the carriage thereof shall be Three Shilling per ton.

G o o ~ ~ ~ when to be

removed. 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 every sucli removal 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 tweuty-four liours at and after the rate of One Shilling pcr ton for every twenty-four hours or any part thereof: Provided, nevertlieless, that if such articles be not removed from such station or terniinus of their clestination #before the end of one week after tlreir arrival there, the sum of Two Sbillings and Si'xpcnce per ton per week slldl be charged and payable in respect of such goods for the warehouse-room thereof.

Passengers' Iuggage 11. Every passenger travelling upon the said Railway may take

with him his ordinary luggage, i ~ o t exceeding one hundred pounds in weight for first-class passengers, and sixty pounds in weight for other passengers, without m y charge being made for carriage thereof.

Appropriation of 12. All tolls, rents, dues, charges, a:id sums of' money, wlaich may

tous, &C.	at any time be rcccived and levied under authority hereof', and all rents to arise from any lease of the said Kailway, sball be, from time to time, in such manner as the Gctvernor may prescribe, paid to the Treasurer for thc public purposes of the said Province.
Annual ahtract of
accounts to be	13. The said commissioner shall, on or before the first day of ~ u g u s t in every ycm, prcpare ad annual accciuut in ab&act
published.
of the total recci~ts and ex~enditure under authority hereof fbr
the Railway by t6is Act :tnutLorized to be constrncte~ from what source soever the same may be derived, for and during the preceding
year endmg the thirtieth day of June, under the several distinct heads of receipt and expenditure, with a statement of the balance of the same account duly audited and certified by the Treasurer, and also by the Auditor-General, and a copy of such accouut ahall bc pub lished in the Government Gwette.

Exemption from 14. The Railway by this Act authorized to be constructed, shall be,

rates.

and is hereby declared to be, exempt from all rates and taxes what-

soever, whether local or general.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

WM. F. DRUMMOND JERVOIS, Governor.

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Adelaide . By authority, W. C. Cox, Government Printer, Warth-terrace.