Burra and Hallet Railway Act 1876 (SA)

AKNO TRICESIMO NON0 ET QUADRAGESIMO

EGINB.

An Aci to proride .fir the $o~nznticat of' a Line of Bailway from

the Burrn to HLlkett.

[Assented to 20th Scptcmber, 2876.1

HEREAS it is ercpedic~nt to 7rovicle for the construction of Preamble-

a J i n e of Ri~ilwzq from the Uurra to IIallett; And, whereas

plans of the piqmscd Railway, slwwinlg the line thereof, together with the book of refcrencc thercdo, have been duly prepared and clcpositerl in the offices of the Smwyor-General, at Adelaide, ancl signed " H. C'. Mais, Eliginccr-in-Chief "-Be it therefore Enacted bp the Governor of the Province of South Australia., with the advice and consent of the Lcyislative Cmncil and House of Assembly of the said Provilxe, ill t h s present Parliament assembled, as follows:

the Burra to EIallett; together with all proper works and con- vcniences connected therewith, as the same is delineated in the said -r>lans

1. " The Lancis Clauses Consolidation Act," and an Act, No. 26 of 1855-6, to amllend "The Lands Clauses Consolidation Act," and 'L Thc Railways Clauscs Consolidcztion Act," and an Act, No. 6 of 1858, to wne~ld "The Railways Clauses Consolidation Act," so far as the samc are severally applical~le to this Act, shall be incorporated thcrewith, and the said Acts shall be read and construed together

according1 y.

2. Thc Coinmissiolier of Railways, hereinafter called "The said Commissioner," may make and maintain a Line of Railway, from	Power to make Rail-
way.

39" & 40" VICTORIrE, No. 31.

Buwa and Hallett Bailway Act.-1876.

plans so deposited at the offices of the Surveyor-General at Adelaide as aforesaid, or as may be delineated in any plans which niay here- after bc so deposited, pursuant to any law for tho time being in force respccting such deposit of the said plans.

Gauge.	3. The gauge of the said Railway s l d l be five feet three inches, and the rails to bc used in the construction thereof shall be of iron, anit of the weight of not less than forty pounds to the yard.
jqowers of Commis-
mner.	4. The said Commissione~. may dcmand any tolls for the use of the said Railway, not exceeding the following, that is to say-

Tolls. I. I n rcspcct of the tonnage of all r t r t i h conwyed upGn thc said

Railway, or any part thereof not in this Act otherwise par- ticularfy syccificd, thc rate of Niacpcncc pcr ton pcr milc:

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

per ton per mile:

For every clescription of cariiage, not being a cawiagc adapted and used for travelling v11 a Railway, and not weighill;; more than one ton, carried or c~onveyed on a trucli or ~Jntform,

One Shilling and Thwepi lice ~ ) c r rnilc; ancl I'or am- to11 01

fractional part of a ton b;'yond one ton which any carriage

may weigh, Eightpencc peJ' m&.

Tolls for passengers 11. I n respcrt of passcnwrs ancl animals coavu~cd ul,nn the t:

and cattle.

said Itailway iil carrmgcs. whether belonging to the said

Clommissioncr or othcrwisc, as follou-S-

For cvery person corn-eycd in or upon any such carriage, being

a first-class -- carriage or compartment of a carriage, Fourpence

per mile:

For every person convcycd in a sccond-class carriage or corn-

partment, Threepence pm milc:

For every horse, mule, ass, or other beast of draught or burden conveyed upon the said Xailway, Sixpence per mile; and for erery ox, cow, bull, or nest eattlc so conveyed, Twopeace p a mile:

For every calf, sheep, lamb, pig, or otlrer s n ~ d animal con-

veyed in or upon the said Railway, One Halfpenny per mile:

Provided always, that for every fraction of a mile a fuL1 mile may be charged, and that for any shorter distance than thrcc miles, three

miles may be charged.

rllous toinclude	5. In the said tolls shall be included the tolls 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 than is heretofore stated shall bc made therefor: Provided that
of motive power.

nothing

39" & 40" VICTORIB, No. 31.

nothing herein contained shall be construed to prevent an extra charge bcing made for the usc of engincs and cauiag~s for special and esprcss trains: Provided also that nothing herein contained shall preclucle private individuals from contracting with the said Commissioner for permission to use their own trucks or carriages upon the said Railway.

6. I n addition to the prescribcd tolls for the convc~-ance of articles, Regulations as to

the said Cornmissioner may chargc a rmsonabb sum for loiding and Tolls.

unloading: Pro~ided always that the owncrs of goods shall bc at

liberty to employ their own scrvnnts for loading and unloading,

subject to the regulations in forcc for the time bcing for the workiilg

of the said Railway.

7. The weight of all articles, cxcel~t stonc and timbcr, shall bc Vcight how deter-

determinecl according to the usual avoirdupois weight; with respect mined.

to stone and timbcr, f'ourtcnl cubic fcct of stonc, and forty cubic

feet of hard wood, and fifty cubir f k t of o t lm timbcr, shall bc

tlcemed onc ton weight, and so on in proportion for niij- smaller

q~ijlltity: Frovicled that ally less quantity than half a ton nuty be

charged as half a ton.

S. T\'otwitlwtandillg the m t ~ of tolls hereinbefol*e prescribed, the Tolls for separate

said Coi~imissioiirr may lawfully dcmand the tolls fullowing: for parcels.

small packagcs and singlc nrticlcs of' no great weight, that is to

say-

For the mrriage of any parcel not escccding twcnty-eight

lmo'lnds in weight, not excccding One Penny per nnle

each:

For any parcel not csceecling fifty-six ponnds in weight, not

c.scceding Threc EIalfpcncc pclr milc each:

For m y parcrl not exccediq onc llundrecl aid twelw pounds

in weight, not exceeding Twopence per mile each; and	not exceeding One Penny per inik each for every addi-
tional fifty-six pouncls in weight:

For thc caniagc of any one boiler, cylinder, or single picce of machinery, or single piccc of timbcr or stone, or othcr single article, thc weight of which shall exccod four tons, the said Commissioner may demand such sum i is hc 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. I n all cases where any rtrticlc, matter, or thing, not being il, Fired Bum per ton

small package, sIrtlll be cm.ied or conveyed along the said Railway	~hortdbtmcea-
fbr so short a distance that the sum of money authorized by this Act

to

39" & 40" VICTORIB, No. 31. P P -.

Burra and Hallett Railway Act.-187 6.

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

Goods, when to be

10. Owners or consignees of articlcs shall remove thc same from the station or terminus of their destination on the said Railway within twelve working hours after their arrival there, unless such arrival shall be between thc hours of fbur in the evening and seven in the morning, and in that case every such 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 furthcr, 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 tllcreof: Provided, neverthcless, that if such articles be not removed from such station or terminus of their destination hforc the end of one wcek after thcir arrivil there, the sum of Two Shillings and Sixpence per ton per week shall be charged and pajable in rcspcct of such goods for thc warehouse-room thercof.

removed.

Passerigera' Luggage. l I. Every passenger travelling upon the said railway may take

with him his ordinary luggage :lot exceeding one hundred pounds in weight for first-clttss passengers, and sixty pounds in weight for other passengers, withou.6 any charge b i n g made for carriage thereof.

Appropriations of	12. All tolls, rents, dues, charges, and sums cf	money which may
tous, &C,

at any time be received and levied under authority hereof, and all rents to arise from an? lease of the said Itailmay, shall be from time

to time, in such maniler as the Governor may l~rcscribe,	paid to the
Treasurer for the public purposes of the said Province.

Annual abstract of 13. The said Commissioner shall, on or before the first day of

accounts to be

publiehed.	August in every year, prepare an annual account in abstract of thc total receipts and expenditure under authority hereof for the Railway by this Act authorized to be constructed, from what source soever the same may be derived, for and during the preceding year ending the thirtieth clhy of June, under the several distinct heads of receipts and expenditure? with a, staterncnt of the balance of the same account duly audited and certified by the Treasww, and also by the Auditor-General, and a copy of such account shall bc pub-
lished in the G o ~ e ~ ~ n m e n t Gazette.
Exemption from	14. The Railwayby this Act authorized t o be constructed shall be, soever, whether local or general,
rates.	and is hereby declared to be, exempt from all rates and taxes what-

I n the name and on behalf of Her Majesty, I hereby

assent to this Bill.

A. MUSGRAVE, Got'ernor.

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