Farina and Hergott Springs Railway Act 1881 (SA)

ANNO QUADItAGESIMO QUARTO ET QUADRAGESIMO

QUINTO

VICTORIB REGIN&.

A.D. 1881.

No. 226.

An Act to provide for the formation of a Line of Railway

from Farina Town to near Hergott Springs.

[Assented to, November r8th, 1881.1

HEREAS it is expedient to provide for the con~truction of a Preamble.

W ;Line of Railway from Farina Town to nmr Hrrgott Springs:

And whereas plans of the proposed railway, showing the line

thereof, together with the book of reference thereto, have been duly prepared and deposited in the offices of the Surveyor-General, at Adelaide, and signed " H. C. Mais, Engineer-in-Chief "-Be it therefore Enacted by the Governor of the Provincc of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows:

l, The Lands Clauses Consolidation Act," and an Aci;, No. 26 Incorporation.

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," and all other Acts passed or hereafter to bc passed amending the said Rail- ways Clauses Consolidation Act or Lands Clauses Consolidation Acts, so far as thc same are severally applicable to this Act, shall be incor- porated therewith, and the said Acts shall be read and construed accordingly.

Commissioner," may make and maintain a line of railway from railway. 2, The Commissioner of Railway#, hereinafter called the said Power to w e

Farina Town to near Hergott Springs: together with all proper works and conveniences connected therewith, as the same is delineated in

the said plans so deposited at the offices of the Surveyor-General, at

Adelaide, a8 aforesaid, or as may be delineated in any plans which

226 may

44' & 45° VICTORIE, No, 226. --

Fu~ina Town a d Wergotd &rings Railway Act.-1881.

may hereafter be so deposited, pursuant to any law for the time being

in force respecting such deposit of the said plans.

Bate of speed. 3, Trains carrying goods, or goods and passengers, shall not

travel a t a greater rate of speed than f~urteen miles an hour; and trains carrying passengers only shall not travel at a greater rate of speed than twenty miles an hour.

Gauge.	4, The gauge of the said railway hall be three feet six inches, and the rails to be used in the construction thereof shall be of steel, and of the weight of not less than fifty pounds to the yard.
Powera of

Commksianer. '6, The said Commissioner may demand any tolls for the use of

the said railway, not exceeding the following, that is to say-

Tolls. I. In respect of the tonnage of all articles conveyed upon the said railway, or m y part thereof, not in this Act otherwise par- ticularly specified, the rate of Ninepence 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 railway, 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.

ToUe for paaaengem IT, In respect of passengers and animals conveyed upon the said

and a l e.

railway in carriages, whether belonging to the said Com-

missioner or otherwise, as follows-

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

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

pence per mile:

For every person conveyed in a second-class carriage or corn partment, Threepence per mile:

For every horse, mule, ass, or other beast of draught or burden conveyed upon the said railway, Sixpence per mile; and for every ox, cow, bull, or neat cattle so conveyed, Two- pence per 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 tniles may be charged.

Tolls tn include nse

d motive power.

(3, ,In khe said tolls shall be included the toll for the use of

the carriages, and of the engines o r other means used for propel-

l i q - thecarriages an . the said railway, add - m, further charge

than

440 & 450 VICTORIW, No. 226.

Farina Town and Hergott 8prings Railway Act-188 1.

than is heretofore stated shall be made therefor: Provided that nothing herein contained shall be construed to. prevent an extra charge being made for the use of engines an$ carriages for special and express trains: Provided 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.

7. In addition to the prescribed tolls for the conveyance of Regulationsastotolb.

articles, the said Commissioner may charge a reasonable sum for loading and unloading: 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.

determined according to the usual avoirdupois weight; with respect mined. 8. The weight of all articles, except stone and timber, shall be Weight, how

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 propartion far s d e r

quantity: Provided that any less quantity than half a ton may be

charged as half a ton.

9. Notwithstanding the rate of tolls hercinbcfore prescribed, the TOUS fsr 8ep-t~

said Commissioner may lawfully demand the tolls following for pW*da

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 One Penny per mile each:

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

ceeding Three Halfpence per mile each:

For any parcel not exceeding one hundred and twelve pounds in

. weight, not exceeding Twopence per mile each; and not

exceeding One Penny per mile each for every additional

fiftyrsix pounds in weight:

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 four tons, the said Commissioner may demand such sum as he shall think fit:

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

10, In all cases where any article, matter, or thing, not being a ~ i ~ e d - per tonfor

small package, shall be carried or conveyed along the said railway ~hort	diatan~e~.
for so short a distance that the sum of money authorised by this Act to be demanded or received for the same shall not amount ta the

d u m

Farina Town and Hsrgott @&gs Hailwqy Act.--1881.

BUIR of Three Shillings per ton, the sum to be paid in respect to the carriage thereof shall be Three Shillhgs per ton.

Oooas, when to be

r%moved. 11. Owners or consignees of articles shall remove the same from

the station or terminus of their destina.tion on the said railway within twelve working hours after their arrival there, unless such

asrivd shall be between the hours of four 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 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 thereof: Provided, nevertheless, that if such articles be tlot 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

Sixpence per ton per week shall be charged and payable in respect

of such goods for the warehouse room thereof.

P-'l~gage* 12. Every passenger travelling upon the said railway may take with him his ordinary luggage, not exceeding one hundred pounds in weight for first-class passengers, and sixty pound in weight for other passengers, without m y charge being made for carriage thereof.

* ~ ~ r i a & n o f * *	13.	All tolls, rents, dues, charges, and sums of money which may
&a.

at any time be received and levied under authority hereof, and all

rents to arise from ally lease of the said railway, shall be, from time

to time, h such manner as the Governor may prescribe, paid to the

Treasurer for the public purposes of the said province.

B n n d abetract of 14. The said Commissioner shall, on or before the first day of

~counta to be pub-

ea.

August in every year, prepare an annual account in abstract of the

total receipts and expenditure under authority hereof for the rail- way by this Act authorised to be constructed, from what source

soever the same may be derived, for and during the preceding year ending the thirtieth day of June, under the several distinct heads of receipt and expenditure, with a statement of the balance of the

m e account duly audited and certified by thc Treasurer, and also by the Auditor-General, and a copy of such account shall be published in the Government Gazette*

aemption5~m*

15. The railway by this Act authorised to be constructcd shall

be, and is hereby declared to be, exempt from a11 rates and taxes

whatsoevet, whether local or general.

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

this Act.

WM. F. DRUMMOND JERVOIS, Governor.

-

Adelaide : By authority, E. BPILLBB, Government Printer, North-bmace.