Forresters and Burra Railway Act 1867 (SA)

ANNO TRICESIMO PRIM0

A.D. 1S57.

No. 20.

An Act to authorize the consk.uctio~~ of a line of Railway from PO+

rester's, Bection No. 986, ilr the Hundred of Gilbert, to Section

No. 2264, in the Hundred of Kooringa, and to confer certain

pouters O H the Commissioner of Railways.

[Assented to, 19th December, 1867. J

HEREAS it is expedient to provide for the extension of the Preamble.

W Northern Itailway, and for that purpose to authorize the construction of a line of railway from Forrester's, Section 986, in

the Hundred of Gilbert, to Farrell's Cheek, with a branch to Redruth, Section No. 2264, in the Hundred of Kooringa: And whereas a plan and also sections of the line of railway by this Act authorized to be constructed, showing the linc and levels thereof, and also the line and levels of certain alternative lines, the principal line being in such plan calorcd pink, and the alternative lines bhe, together with a book of reference, such plan and sections being intituled " South Australian Railways.-Northern Lines, with Branch to R c h t h; Scctions I. and II.," and signed " H. C. Mais, Engineer- in-Chief, 20-9-67," and such book of reference being intituled

'( Book of Reference of Forrester's and Burra Railway," have been

prepared and deposited in the office of the Surveyor-General, at Adelaide-& it therefore Enacted, by the Governor-in-Chief of the

Province of South Australia, with the ndvipe	and consent of the
Legislative Council and House of Assembly of	the said Province, in
this present Parliament assembled, as fbllows:

1 . 'l'he

31° VICTORIB, No. 20, -

Forrester's to Burra Railway Act.- -1 867.

--

Incorporation of	l. U The Railways Clayses Consolidation Act" and '"h~	Lands
general Ordinance@.

Clauses Consolidation Act" shall be incorporated with and form part of this Act.

Powor to make

railway. 2. The Cornmissioaer of Railways may make and maintain a line of railway from Forrester's, Section No. 986, in the Hundred of Gilbert, to Farrell's Creek, with a branch to Redruth, Section No. 2264, in the Hundred of Kooringa, together with all proper works and conveniences connected therewith, as the same is delineated in the plan and sections of the said railway, hereinbefore mentioned as deposited in the office of the Surveyor-General, at Adelaide, as afore- said, and for that purpose may enter upon, use, and take such of the lands delineated and referred to in such plan, or in the said book of reference before mentioned, as shall be or be deemed necessary for such purpose.

List of crossings on 3. The said Commissioner of Railways, in the construction of the

the level.

railway and branches by this Act authorized to be made, may carry the same on the level across the several roads lettered on the plan hereinbefore mentioned, as follows, that is to say-A, B, C, D, E,

F, G, H, J, K, L, M, N, O, P, Q, R, S, T, U, V, A l, B 1, C 1, D 1,

El, F1, G1, HI, J1, K1, Ll, M1, N1,01, PI, 621, Rl, S l, Tl, U1,

v1.

Commissioner may

4. The said Commissioner may stop and close, either wholly or in respectively-AA, BB, CC, DD, EE, FF, GG, HH, JJ, KK, LL, MM, NN, 00, PP, QQ, RR, SS, TT, UU, W W, at the point of intersection by the said proposed railway, as he may from time to time deem expedient: Provided that the owners and occupiers of all lands which shall abut upon any road so stopped shall be entitled to receive full compensation in respect of any loss or damage to be occasioned by such stoppage; and the amount and application of

stop roads.

part, such of the roads shown upon the said plan, and marked

any such compensation shall be determined in manner provided by the Lands Clauses Consolidation Act for determining the amount

and application of any such compensatiou to be paid for lands taken

under the provisions thereof.

M8y convey lands. 5. When any road shall have becn stopped or closed, in whole or

in part, by virtuc of the power so hereinbefore given, it shall be

lawful for the said Commissioner to convey such roads, so far as the same may be stopped or closed, or any part thereof, to the owner d the land upon which such road or part of n road may abut.

May have power of

Commissioners under 6. The said Comqissioner shall, with respect to all roads shown

Road A C ~.	upon the said plans, have all the rights, authorities, and powers of Commissioner of Roads, under an Act, No. 17 of 1852, for the making and improving of Roads in South Australia, and the &a&
Amendment Act of 1863,

Gauge. 7. The gauge of five feet and three inches shall be the gauge to

be

3t0 VICTORIA$ No. 20. P P

- --- --

Forrester's to Burra Railway Act-1 867.

be used in the railway by this Act authorized to be constructed:

Provided that the Governor may alter the said gauge so as to bring

the same into conformity with any gauge which may be adopted in

the neighboring Colonies.

8. The said Commissioner may demand any tolls for the use of TO^,

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

X. In respect of the tonnage of all articles conveyed upon the Tonnage m artider railway, or any part thereof not in this Act otherwise par- conveyed. ticularly specified, not exceeding 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, per mile, not exceeding One Shilling

and Threepence; and foi. any ton or fractional part of a ton beyond one ton, which any carriage may weigh, a sum

per mile not exceeding Eightpence:

XI. In respect of passengers and animals conveyed upon the ~ ~ l b for

railway in carriages, whether belonging to the said Corn- and cattle.

missioner or otherwise, as follows:

For every person conveyed in or upon any such carriage,

being a first-class carriage or compartment of a carriage

per mile, not exceeding Fourpence:

For every person conveyed in a second-class carriase or compartment, per mile, not exceeding Threepence:

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-

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

burden conveyed upon the railway, Sixpence per mile;

and for every ox, cow, bull, or neat cattle so conveyed,

Twopence per mile:

For every calf, ~heep, lamb, pig, or other small animal con-

veyed in or upon the railway, One Half-penny per mile.

9. In the said tolls shall be included the toll for the use of the Tolla to include me

locOmOtive pov**

carriages, aod of the engines or other means lured for propelling the carriages on the said railway, and no further charge than is here-

tofore stated shall be made therefor: Provided that nothing herein

cmtdned shall be construed to prevent an extra charge being made

for the use of engines and carriages for lspecial and express trains:

And provided, also, that any person or corporations employing their

m locomotive engines and carriages shall be entitled to run such

engine@

+

Forrester's to Burra Railway Act.-1867.

engines and carriages upon the said railway and branches, paying seventy per cent, of the tolls receivable or pavable in respect of the goods and passengers conveyed or carried b y such engines and carriages.

Jbbtiom uto the

tolb. 10. I n addition to the prescribed tolls for the conveyance of 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 enrploy their own servants for loading and unloading, subject to the regulations in force for the time being for the working of the said railway; with respect to all articles, except stone and timber, the weight shall be determined according to the usual 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 othcr 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 n ton.

T O I ~ for reparate 11. Notwithstanding the rate of tolls hereinbefore prescribed, the said Commissioner may lawfully demand the tolb following, for small packages and single articles of no great weight, that is to

pamelo.

say-

For the carriage of small parcels on the railway-For 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

exceeding 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 addie tional fifty-six pounds in weight:

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

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.

Commiaioner to be	12. I n a11 cases where any article, matter, or thing, not being a
entiWed

fixed mm per racein ton for small package, shall be carried or conveyed along the said railway

rhort ah8tan~e~. and branches. for so short a distance that the sum of money autho- rized by t h i s ' ~ c t to be demanded or received for the same ;hall not amount to the sum of Three Shillings per ton, the sum to be paid in respect of the carriage thereof shall be Three Shillings per ton.

13. Owners

X L o VICTORIB, No. 20. 153

13. Owners or consignees of articles shall remove the same from Goode when to be

removed.

the station or terminus of their destination on the said railway, the expiration of twentyfour hours, at ancl after the rate of One Shilling per ton for such twenty-four hours or any part thereof: 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 8hillings and Six- pence per ton per week shall be charged and payable in respect of such goods for the warehouse-room thereof:

within twelve 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 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

14. Every passenger travelling upon the railway rnay take with Passengers' luggage.

him his ordinary luggage, not exceeding one hundred pounds in weight for first-class passengers, and slxty pounds in weight for second-class passengers, without any charge being made for the carriage thereof.

15. The Commissioner of Railways shdl have and exercise all the t11",":;t0 lease

powers and authorities with reference to leasing the line of railwav hereby authorized to be constructed, and o t h e h e, as are conferred upon him by " The Railway Commissioners Act," in respect to the undertakings therein mentioned,

16. ,411 tolls, rents, dues, charges, and sums of money, which may Appro~riati~ns of

tolls, renta, &a.

at any time be received and levied under authority hereof, and all rents to arise from any lease of the said railway, shall be, from time to time, in such manner as the Governor may prescribe, paid to the Treasurer for the purpose of, in the first instance, defraying the cost

ment of the said railway, and any balance, after payment of such

and charges of and attending the maintenatice, working, and manage-

expenses, shall be applied by thc said 'L'rcasurer to and for the

public purposes of the said Province.

17. The said Commissioner shall, on or before the first day of Annual abstract of accounts to be pub-

February in every year, prepare an annual account in abstract of lihea,

the total receipts and expcnditurc of all funds received under

authority hereof for the purposes of the railway by this Act

authorized to be constructed, whether arising from loans, tolls,

chargcs, or any other source, for and during the past year, under

the several distinct heads of receipt and expenditure, with a state-

ment of the balance of the same account duly audited and certified

by the Treasurer, and also by the AuditorsGeneral, and a copy of

such account shall be published in the Government Gazette.

18. The Governor may from time to t,ime, by warrant under his Covernormayadvanre moneys to be rap:hii,

hand, authorize the Treasurer to advance and pay to the said Com-

missioner,

a y

I54 31" VICTORI-a, No. 20.

firrester's to Bun-a Railway Act.-1867.

missioner, for the purposes of this Act, any sums of money not exceeding in the whole the sum of Two Hundred and Fifty-four

Thousand Pounds.

Exemption fromlocal

rater. 19. The railway and branches by this Act authorized to be con-

stnicted, shall be, and are hereby declared to be, exempt from sewers, highway, municipal, police, improvement, and all other local

rates and taxes.

Short tit10 of A C ~. 20. This Act may be cited as the G Forrester's to Burra Railway

Act, 1867."

In the name and on behalf of the Queen I hereby assent to

this Act.

D. DALY, Governor.

- ---- - . - --- -

p--

Adelaide: Printed by authority, by W. C. CLZ, GOFCI ~ m c r t Plihttr, Victoria-~quare.