Gawler Railway Act 1854 (SA)

No. 18.

An Act to uut?torixe the formation of the Adelaide and, Gawbr Town

Bailway, and to provide , f i r vaisiny the ??tomy reqzLired for that /&L** 4 1 ~ 4. 4 A C(

purpose. '

X * ) ,/S- d/-

[hsscnted to, December 15, 1854.1 - Lz-~-------

REXS great public advantage would accrue from the con- Preambla,

Gawler Town, with a branch to the Dry Creek, and it is expedient to WHC struction of a Railway between thc City of Adelaide and

provide for the same in manner hereinafter mentioned: And whereas plans and sections of thc undertaking, showing the line and levels thereof, and of the branches and extensions thereof, and of a proposed road to connect the same with Gawler Town, and also alternatiw lines and levels, and also books of reference, containing the names of the owners and occupiers, or reputed owners and occupicrs of the lands through which the same is intended to pass, have been deposited in the office of' the Surveyor-General, and copies of such plans and sections have bccn signed by the Speaker of the Legislative Council-Be it therefore Enacted, by the Lieutenant- Govcrnor of South Australia, by and with the advice and consent of

I 2

the Legislative Council thereof, as follows:

1. I t shall be lawful for the Colonial Treasurer, for the time being, of ' Colonial T ~ ~ ~ B U W tb

the said Province, from time to time, to issue bonds, not exceeding raiSo f2509000-

in the whole the sum of 'Ywo Hundred and Fifty Thousand Pounds,

for such amounts as he may deem expedient; and such bonds shall

be in the form following, that is to say- -

NO. %S NO. 2 Form of bond,

Adelaide and Gawler Town Railway Bond.

1, Colonial Treasurer of the Province of South

Australia, ill consideration of the sum of Pounds,

paid to me for the purposes of the Adelaide and Gawler

Town Railway, do hereby bind myself to pay to the holder,

for

for the time being, of this present obligation, the sum of

Pounds, and interest thereon after the rate of six

per cent. per annum; such interest to be payable on the

first day of January and the first day of July in every year,

and the principal to be paid on the first day of 5

in the year One Thousand Eight Hundred and

Sealed with my seal. Dated 'the day of 3

One Thousand Eight Hundred and

Signed, sealed, and delivered, in

the presence of

N o T E. - ~ ~ ? T ~ s ~, payable at tlAe Colonial Treasury in Adelaide,

South Australia, or [in London or in any other agreed place], at such place as may be appointed, by notice to be given in the South Australian Government Gazette, [and in the London Gazette].

Principal payable at the Colonial Treasury, in Adelaide, or, at the option of the holder [in Loudon or other agreed. place] if six months' notice of desire to that effect be given to the Colonial Treasurer in South Australia.

And every holder of any such bond, for the time being, shall be en- titled to all rights and remedies, under and in respect of the same, in the like manner as though he had been namcd therein as the obligee thereof.

bear

at six per cent. 2. The said bonds shall bear interest at the rate of Six Pounds per centum per annum, and shall be issued in such manner, and payable at such times respectively, as that borlds not exceeding the sum of Ten Thousand Pounds shall be redeemable in evrry year from the first issue thereof; and the interest and principal upon such bonds shall be payable and paid to the holder thereof, at such place and time as may be specified or provided therein.

Moneys raised by 3.

All sums of money raised and received by the Colonial Treasurer upon the security of the said bonds, shall be carried by the said Treasurer to the credit of the Commissioners hereinafter authorized

bonde, how applied.

in such amount and manner as the Governor, by any warrant under	to be appointed, and shall be by him paid to the said Commissioners,
his hand, may, from time to time", authorize and direct.

f 25,600 to be set

apart annually for	4. It shall be lawful for the said Colonial Treasurer, and he is sums of money under the authoritv hereof, until the whole of the amounts so raised, and all interest threon, shall ham been duly pdd, to set apart the sum of Twenty-five Thousand Pounds, or such lesser sum as shall suffice to pay the amount of bonds redeemable during rauch year, together with interest upon all bonds which shall then bear interest; and shall apply such sum in payment of such bonds and interest as aforesaid, in manner specified in such bonds.
payment iW principal	hereby required, in each and every year from the first raising of any
aud interest,

f ncorporation of 5. The Railways Clauses Consolidation Act, and the Lands Clauses

neral Ordinanwe,

/ GO. 7 or 8 4 7, md Consolidation Act, shall be incorporated with and form part of this

No. 6 of 1847. Act, 6. It

6. I t shall be lawful for the Governor, by warrant under his hand and the public seal of the said Province, to nominate three persons to be Commissioners for the execution of this Act during the pleasure of the Governor, and to remove any one or more of the same, and others to appoint in their place, and the said persons, so nominated, shall be Commissioners for the execution of this Act, and at all meetings of the said Commissioners two shall form a quorum, and no resolution adopted at any meeting of such Commissioners shall have any force unless confirmed at a subsequent meeting.	Qovernor to appoint
Commissioners.
7, The said Commissioners shall, from time to time, appoint and employ such secretary, solicitor, engineers, clerks, messengers, and	Commissioner8 to
appoint officers.
other officers at such reasonable salary, pay or reward, as to such Commissioners may seem meet, subject to the approval of the Governor, and, from time to time, at their discretion to dismiss and discharge such officers, or any of them, and to appoint others in their place, subject to such approval as aforesaid,
8. The Commissioners, so appointed, may sue and be sued in the name of their Secretary for the time being, and no action or suit, to	and be sued in name
Commissionern to me
of Secretary.
be brought or commenced by or against the said Commissioners, shall abate or discontinue by the death or removal, or by the act of such se- cretary: Provided, that nothing herein contained shall extend to makc any sllck Cornrnissioners or Secretary, as aforesaid, personally, or their rcspcctive estates, lands, or tenements, goods, and chattels, liable to any judgment, order or decree, which may be obtained in any such action or suit, but that the costs, charges, and expcnscs of every such Commissioner, or Secretary, by reason of having been made plaintiff or defendant, or for any contract, act, matter, or thing what- soever, made or entered intb in the bona$de execution of this Act, shall, from time to time, be defrayed by the #aid Commissioners out of the money so issued to them as aforesaid, or out of any other moncys which may come to their hands by virtue of this Act.

9. I t shall be lawful for the said Commissioners to make and Power to make Rail-

way according to

maintain the said line of Railway, branches, extensions, roads, and	deposited plans.	/
works, in the line and upon the lands delineated in the said plans, and described in the said books of reference, and to enter upon, use, and take such of the lands delineated and referred to in such plans and bonlrs of reference, as shall be or be deemed necessary for such purpose.
10. Subject to the provisions in the said Railways Clauses Consoli- dation Act contained, in reference to the crossing of roads on a level, it shall hp lawful for the said Commissioners, i< the construction of the Railway and branches by this Act authorized to be made, to carry the same on the level across the said several roads lettered on the plan	Liat ef crossingn on
the level.

hereinbefore mentioned as follows, that is to say-A, B, C, D, E, F,

G,H, I, K, L, M, N, O, P, Q, R, s, T, U, V, w, X, Y,Z,AA,BB,

CC, DD, EE, FF, GG, FIH, 11, KK, LL, MM, NN, 00, PP,QQ

RR, and 11. It

CI

stop roads.

11. It shall be lawful for the said Commissioners, to stop and close,

either wholly or in part, such of the roads shown upon the said

plan, and marked respectively G, H, I, K, L, M,N, P, S, T, U, W, X, Y, 2. AA, BB, DD, EE, FF, MM, NN, at the point of intersection by the said proposed Railway, as they may, from time to time, dcem

expedient: Providcd that the owners and occupiers of all lands which shall a n-any road so stopped, shall be entitled to receive full.compn~ation - i i respect of&&s. or damagg $0 be occasioned 6yjGiZFiistoppage; and thGmount and application ?Z' any such c o m p e n ~ i i r n 3 5 i - e determinn in the manner provided by the "Lands Clauses Consolidation Act, " for determining the amount and application of the compensation to be paid for lands taken under the provisions thereof.

Commisioners

convcy Innds.

12. When any road shall have been stopped, or closed, in whole or in part, by virtue of the power so hereinbefore given, it shall be lawful for the said Commissioners to convey such roads, so far as the same may bc stopped or closed, or any part thereof, to the owner of the land upon which such road, or part of a road may abut.

hew power of Com-

Commissionera to 13. The said Commissioners shall, with respect to all roads shown

rulss i ionarsuoderl lc~

upon the said plans, have all the rights, authorities, and powers of

net.

Cammissioners of Roads under an ,4ct, No. 17 of 1852, for the making

and improving of roads in South Australia.

Guage of Railway.

14. The p a g e of five feet and three inches shall be the p a g e to be used in the said Railway: Provided that it shall be lawful for the Governor to alter the said p a g e so a3 to bring the same into confor- mity with any p a g e which may be adoptcd in the neighboring Colonies.

T O ~ ~ S. 15. I t shall be lamf~d for the said Commissioners to demand any

tolls for the use of the Railway, not exceeding the following, that is

to say-

Tonna,ne on ~rticlcs I. In respect of the tonnage of rill articles conveyed upon the

eonvc~ed. Railway, or any part thereof not in this Act otherwise par-

ticularly specified, not exceeding the rate of Kinepence

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'rhreepence; and for any ton or fractional part of a ton beyond one ton, which any carriage may weigh, a like sum per mile of Eightpence.

Tolle for passengers XI. In respect of passengers and animals conveyed upon the

md cat.trle.

Railway in carriages, whether belonging to the said Com-

missioners or otherwise, as follov~s-

For

Forxevery 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 carriage, or com-

partment, pcr 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 bur- den, Sixpeiice; and for every ox, corn, bull, or neat cattle, conveyed upon the Railway, per mile, Twopeilce.

For every calf, sheep, lamb, pig, or other small animal, con

veyed in or upon the Railway, One Halfpenny per mile.

to include use of

16. Provided, in the said tolls shall be included the toll for the locomotive pomcr.

use of the carriages and of thc engines for propelling the carriages on the said Railway, and tllat no further charge than is heretofore stated slmll be madc for the use of such engines: Provirlcd, that nothing herein contained shall be construed to prevent an extra charge being made for the use of engines and carriages for special and express trains: And provided also, that any pcrson or corpora- tions erriyloying their own locomotive engiues arid carriages shall be cntitled to run such cngincs and carriages upon thc mid Itailway and branches, paying seventy per cent. of the tolls receivable or payable in respect of the goods and passengcrs coiivcyed or carried bp such engines and carriages.

1'7. In addition to the prescribed tolls for the conveyance of ar- Regulations as to tha tolls.

ticks, the said Commissioners may charge m reasonable sum for loading and unloading: Providcd always, that the owners of goods shall be at Liberty to employ their own servants for loading and unloading, sub- ject to the regulations in force for the tirnc being for the working of said Railway; with respect to all articles, except stone and timber, the weight shall be determincd 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 other tim-
ber, shall bc dcerned one ton weight, and so in proportion for any smaller quantity: Provided, that any quantity less tlmn half a ton may be chargcd for as half a ton.

18. And, with respect to small packages and single articles of great Tous for aeparatn

weight-Be it Enacted, That, notwithstanding the rate af tolls parcels.

hereinbefore prescribed, the said Commissioners may lawfully demand

the tolls following, that is to 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.

K 2 For

For any parcel not exceeding one huncired and twelve pounds in weight, not exceeding Twopence per mile each; and not ex- ceeding One Penny per mile each for every additional fifty-six pounds in weight:

Provided always, that articles sent in large aggregate quantities, although made up of separate parcels, such as bags of sugar, coffee, meal, and the likc, shall not be deemed small parcels, but such term

- shall apply only to single parcels in separate packages-

For the carriage of any one boiler, cylinder, or single piece of machinery, ox single piece of timber or stone, or other single article, the .weight of which shall exceed four tons, the said Commissioners may delnand such sum as they shall think fit.

Commissiooer~ to be

entitled to reccive a 19. Provided that, in all cases where any article, matter, or thing, said Railway and Branches, for so short a distance that thc sum of money authorized by tllis Act to be demanded or rcceived for the same,- shall not arm&nt 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.

fired per ton for not being a small pickage, shall be carried or conveyed along thc

short distancae.

Goods to be removed

within a certain time the station or terrninns of their destination on the said Kailway, 20. Owners or consignees of articles shall rcnzove the same from

within twelve hours after their arrival there, unless such arrival shall

be between the hours of four in the evening ancl 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 expira- tion of twenty-four hours, at and 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 Shillings and Sixpence per ton per week shall be charged ;tnd payable in respect of such goods for

the warehouse-room thereof.

Famengem' luggage.	21. Every passenger travelling upon the llailway may talrc with him his ordinary luggage, not exceeding one hundred pounds in weight fox first-class passengers, and sixty pounds in weight for second-class passengers, without any charge being made for the carriage thereof.
Governor may last	22. After the said Railway shall have been completed and opened for the purposes of public traffic, for thc space of six calendar months, it shall be lawful for the Governor, from time to time, by advertisement in the South Austra tz'ar~ Go uernmen t Gazette, to invite tenders for the leasing thereof, upon suck terms as may appear to
Railway.
him expedient; and upon the receipt of such tenders, to accept any one thereof, or at his option to refuse all of such tenders, and upon

acceptance

acceptance of any such tenders, and securityd being given to the satisfaction of the Governor for the due performance thereof, to demise and lease the said Railway, branches, and works, and the tolls, dues, and charges thereof and arising therefrom: Provided that every such lease shall contain a covenant on the part of the lessee, to pro- vide a conveyance for all Military, Volunteer, Militia, Police, and other Forces when proceeding on duty, and for all public Mails and

stores by the ordinary trains, free of charge; and in the event of invasion or civil commotion, to place the whole resources of the Railway at the disposal of the Local Government, upon requisi- tion, at the charge actually incurred by such lessee.

23. All tolls, rents, dues, charges, and sums of money which may *rprOpriati*n Of

tol!e, rents, &c.

at any time be received and levied under authority hereof, and a11 rents to arise under the authority to demise the said Railway hereby given, shall be, from time to time, in such manner as the Governor may prescribe, paid to the Colonial Treasurer for the purpose of, in the first instance, defraying the costs and charges of and attending the maintenance, working, and management of the said Railwav, and any balance, after payment of such expenses, s h d bc applied dy the said Colonial Treasurer to and for the public purposcs of the said Province.

24. The said Cornmissioncrs shall, on or before the first day of Feb- Annual ~bstract of

ruary in every year, prepare an annual account in abstract of the total ~	~	be	~	~	~	d	P
receipts and expenditure of all funds raised or received under au- thority hereof for the purposes of the undertaking, whcthcr arising from loans, tolls, charges, or any other service, for and during the past year, 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 Colonial Treasurer and also by the Auditor-General, and a copy of such annual account shall be published in the 8outh
Au@ulian Government Gazette.

%U

25. It shall be lawful for the Governor, from time to time, by war- Governor mny ad- vance moneyg to lm

rant under his hand, to authorize the Colonial Treasurer to advance reD$d.

and pay to the said Cornmissioncrs, for the purposes of this Act, any	sums of money not exceeding in the whole the sum herein authorized
to be raised; and any sums of moncy so advanced and paid shall be retained by the Colonial 'I'rcasurer out of any moneys raised by him lmder authority hereof'.

26. The undertaking shall be, and is hereby declared to be, exempt Exemption from local

from sewers, highway, municipal, police, improvement, and d1 other rates.

local rates and taxes now or hereafter to be imposed.

27. In citing this Act, in other Acts and legal instruments, it she* WQ of Act-

shall be sufficient to describe it as '$ The Adelaide and Gawler Town

Railway Act."

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Adelaide : Printed by authority, by W. C. Cox, Goverrment Printer, Victoria-square.