Blyth Tramway Act 1873 (SA)

" ANNO TRICESIMO SEPTIMO

VICTORIB REGIN&.

No. 10.

An Act to providejbr the formation of a Line of Tkamway from the

Hoyle's Plains Ternzbms to &ectirm 198, Rzrndred of Bhjth,

County of 8turtley.

[Assented to, 18th December, 1873.1

HEREAS it is expedient to provide for the Extension and Preamble.

Plains Terminus of the Port Wakefield and Hoyle's Plains Tram-	W Construction of a Line of Tramway from the Hoyle's
way to Section 198 in the Hundred of Blyth, County of Stanley: And whereas plans of the proposed tramway, showing the line thereof, together with the book of reference thereto, have been duly prepared and deposited in the office of the Surveyor-General, at
Adelaide, and signed H. C. Mais, Engineer-in-Chief, 17-7-73 "-Be
it therefore Enacted by the Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Par- liament assembled, aa follows:

1. This Act may be cited for all purposes as " The Port Wake- s w t m e.

field and Hoyle's Plains Tramway Extension Act."

% The Lands Clauses Consolidation Act," No. 6 of 1847; the Incor~or~tion.

Act No. 26 of 1855-6; '(The Railway Clauses Consolidation Act,"

NO. 7 of 1847; the Act No. 6 of 1858;" and the Act No. 25

of 1866-7, so far as the same are severally applicable to this Act,

shall be incorporated therewith, and this Act and the said Acts

a h d be read and construed together accordingly.

3- The Commissioner of Railways may extend the tramway eon- power to mde tram-

R strutted, way*

-

Port Wakejkld and Hoy le's Plains Tramway Extension Act. - 1 87 3.

strutted, pursuant to the Act No. 25 of 1866-7, and may make, maintain, and extend the said line of tramway from the Hoyle's Plains Terminus of the Port Wakefield and Hoyle's Plains Tram. way to Section 198, in the Hundred of Hall, County of Stanley, together with all proper works and conveniences connected there- with, as the same is delineated in the said plans so deposited in the office of the Surveyor-General, at Adelaide, as aforesaid, and for that purpose may enter upon, use, and take such of the lands delineated and referred to in such plans as shall be or be deemed necessary for that purpose.

Power of commir-	4. The Commissioner of Railways shall have and exercise the hereby authorized to be constructed, and otherwise, as are conferred
atoner,	like powers and authorities with reference to the line of tramway
upon him by the Act No. 11 of 1859, and by the Act No. 25 of
1866-7 respectively, in respect to the undertaking8 therein men-
tioned, and for the purposes of this Act and for carrying out the
undertaking hereby authorized, the Commissioner shall be aud be
deemed to be " The Promoters of the Undertaking," mentioned in
the Act No. 6 of 1847, and shall and may have and exercise in
relation to the undertaking hereby authorised all the powers and
authorities by such 'Act " vested in the Promoters of the Under-
taking," and for the purposes of this Act aild for carrying out the
undertaking hereby authorized, the said Commissioner shall be
and be deemed to be 'L The Conlpany," mentioned in the Act :No. 7 *
of 1847, and shall and may have and exercise in relation to such undertaking all the powers and suthoritics by such Act vested in the Company.
U W ~.	5. The gauge of the said tramway shall be three 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 thirty-five pounds to the yard.

L o o i 6. The said Commissioner of Railways in the construction of the tramway and branches by this Act authorized to be made, msy carry the same on the level across the several roads lettered on the plans herainbefore mentioned, as follows, that is to say-AA, BB, CC, DD, EE, FF, GG, and HH.

the level.

oommimiom may

7. The said Commissioner may stop and close either wholly or in part, such of the roads shown upon the said plans, and lettered respectively A, B, C, and D, at the point of intersection by the said proposed tramway, as he may from time to time deem expedient: Provided that the owners and occupiers of a11 lands which shall abut upon dny road so stopped, shall be entitled to receive full compen-

rtop roadr.

sto ade ; and the amount and application of any such compensation	sation & respect of any loss or damage to be occasioned by such
sha v' be determined in manner provided by the	Land Clauses Con-

-

solidation Act" for determining the amount and application of any such compensation to be paid for lands taken under the provisions

thereof.

37" VICTORIZ, No. 10, 57

."

Port Wakefield and Hoylt's Plains Trumway Extension Act.-1873.

8. When any road shall have been stopped or closed in whole M ~ Y C Q ~ W hb.

or in part, by virtue of the powers so hsreinbefore given, it shall be lawful for the said Commissioner to convey such roads, so far

8s the same may be stopped or closed, or any part thereof, to the

owner of the land upon which such road or pmt of a road may

abut.

9. The said Commissioner shall, with respect to all roads shown May h n ~ e power of

Commissioners under

upon the said plans, have all the rights, authoritiea, and powers of B	oad A C ~.
Commissioners of Roads under the Act, No. 17 of 1852, and the
Act No. 11 of 1863.

10. The said Commissioner may demand any tolls for the use of Tolla.

the tramway at the same rates, upbn the sawe terms and conditions and upon the same persons, animals, and things as prescribed and provided by the said Act No. 25 of 1866-7.

be, and is hereby declared to be, exempt from sewers, highway, ratea. 11. The tramway by this Act authorized to be constructed, shall Exemption from local

municipal, police, improvement, and all other local rates and taxes.

12. The powers hereby vested in the said Commissioner for the Limiting powers of

compulsory purchase or taking of lands under and pursuant to or taking.

compuleory purchase

the Lands Clauses Consolidation Act, shall not be exercised after

the expiration of five years from the passing of this Act.

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

this Act

A. MUSGRAVE, Governor.

.r

Addaide : By authority, W, C. Cox, 130~efnment Printer, North-ternor.