Gawler Railway Extension Act 1857 (SA)

No. 10.

1. It shall he lawful for the Trcasurer, for the ti nlc beinc~ of Trcasurer to raise ;E80,000.

the said Yrovincc, time to ti~ne, to issue bonds, uot esceedlng

in the ~vholc the sum of Eighty 'l'housantl Pounds; for such amounts

0 as

as he may deem expedieilt, ancl such bonds shall be in the form

fbllowing, tlmt is to say-

Form of bond, No. S So,

South Australian Revenue Securities.

(Railway.)

I, the Treasurer of the Province of Sonth Australia, in consickration of the sum of' l'o~mds, paid to me for the purposes of the extension of the ,4delaidc and Gamler Town Itailway, do hereby bind myself to pay to the holder, for the time being, of this prc:scnt obligation, the sum of Fn~~ncis, and interest thereon after the rate of six per cent. per annml; such interest tu bc payable on the first day of January and the first day of Jnlp in every year, and the principal to be paid o n tht: first clay of, in the year one thousand cight hundred and

Sealed with my seal. nated the day of >

one thousancl cight hundred ad Signed, sealed, and delivered, in

the presence of

NOTE.-hterest und principal, payable at the Trertsl~ry in

Adclaide, South Australia, or [in T,ontlon or in any other agreed place, to be dcclarod at thc tirnc of issue] at such place as may be appointed, by notice to bc gib cn in the South Australian Gocmmment Guzette bind in the

Londotr Gazette].

And every mlder of any such bond, for the time being, shall be entitled to all rights and remedies, mcler and in respect of the samc, in the like inarmer as though he had been narncd therein as thc obligee thereof.

Botlds to bear interest

at six per ccnt. 2. The said bonds shall bear interest at the rate of Six Ponnds per centum per annuin; and t,l~e interest and principal upon such bonds

shall be payable and paid to the liolclcr tl~crcof', a t such place and at

such time as may be specifi~tl or provickd therein: Pro~idecl that the

m e n payable.

principal shall not be payable or paid before tlw eq+ration of five years,

or after the expiration of tlkrty ycurs, after the passing of this Act.

~ o n ~ q - S r a i s d by 3. All sums of money raised and received by the Treasurer upon

bonds how applied.

the secnrity of thc said bonds, shall be carried by the said Treasurer

to the credit of the South Australian Railway Commissioners, for the purposes of this Act, and sE~.ll be by him paid to the said Com- missioners, in such amount and manner as the Governor, by any warrant under his hand, may, from time to time, authorize and direct.

f&OQQ t o bc ~etfipart

annually for pa: merit	4, It shall be lawful for the said Treasurer, and he is hereby re- raised, and all interest thereon, shall have been duly paid, to set apart the suul of Eight, Thousand Pounds, or such lesser sum as
of principal and in-	(pired, in each and every year from the first raising of any sums of
t(31 est.	money under the authority hereof, until the whole of tlw amounts so

shall

d d l suffice to pay the amount of bonds redeemable chring such

ycnr, toget,her with intcrcst upon all bonds which shall then bear interest; and shall apply such sum in payment of such bonds and interest as aforesaid, in rnanner specified in such bonds.

5. I t shall bc litwf~d for the said T1.ensurer and ho is llcrcby Rfonc~s for the con-

atmction of r d v s y

mthorixerl and rccluircd, out of the General Public Re\wuc of the h,, t,, bc p - i i d e d

said Pro- inc~ for the year 1858, to carry the sum of Forty an"ppp""d.

'I'hoasand Pouilds to the credit of the said Commissioners for the ~ U Y - yoscs of this Act, and to pay over the said sun of Forty Thousai~d Po~lnds to the said Coinn~issioners in such amount ancl rriaimer as

the Gowruor by any warrant under his hand inay from time to

tiirw authorixe and (iiwct.

I. I t sllrzll bc lawf~d for the said Co~ninissioncrs, in the construction ~ i ~ h O f cro"ing"n

thc level.

of the railway ancl bralichcs by this Act autllorizcd to be made, to carry the same on the le.c,cl across the said sevcrd rmds lettered on the plans l ~ ~ r ~ i ~ l b e f o r ~ r~~cnt iontd tts fo l lo~s, tlli~t is to say-AA, BB, CC,

L) I>, EE, FF, CG, 1-111.

closc, c4her wholly or in part, such of the roads shown upon stop roads. 9. It shall bc lawful for the said Commissioners, to stop and Colnrnissioners lnay

the said plans, and marked respectively A, B, C, D, E, F, G,

H, I, K, L, at the point of intcrscction by the said proposed

xdn-ay, as thcy may, from time to time, clcem expedient: Pro- vidcd that the owners a i d occupiers of all lancls which s l d l abut upon any road so stopped, shall bc entitled to receive fidl compensation in resllect of any loss or damage to be occasioned by snch stoppage; a i d the amount and application of any such colt;- pensation shall bc ~letcrmiirccl in t l ~ c mmner providcd by the Idancls Clnuses Consolidation Act, for determining the anlowit and apyli- cation of thc comlxnsation to be paid for ltlxds taken undcr the pro- visions thereof.

10. \Then any road s l d l hare been stopped, or closed, in whole Comnissioncrsma~ convey lands. -

or in part, by virtue of the yowcr so hewinbeforc given, it shall be /'

lawfi~l for the said Comrnissi_oncm to convey such roads, so far as the

same may be stopped o r closed, or any part thereof, to thc owner Z.s /&I/- -.A

of the land upon which such r o d, or part of a road m s v abut. ,'

I I. The

Commissioners to

haw power o f Com- 11. The said Commissioners shall, with respect to all roads shown

n~issimers	under	upon the said plans, have all the rights, authorities, and powers of
lioad dot.	Commissioners of ltoads under an Act, No. l 7 of 1852, For the making and improving of Roads in South Australia.

Guage of railway.

12. The guage of five feet and three inches shall be the p a g e to be used in the railway by this Act authorized to be constructed: Provided that if; shall be lawful for the Governor to alter the said guage so as to bring the same into conformity with any guage which may be adopted in the neighboring Colonies.

Tolls.

13. I t shall be lawful for the said Commissioners to demand any

tolls for the use of the railway, not cxcccding the following, that is

to say--

Tonnage on articles	I. In respect of the tonnage of a11 articlcs conveyed upon the railway, or any part thereof not in this Act otherwise par- ticularly specified, not exceeding the ratc of Ninepence per ton, per mile.
conveyed.

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

Shilling per ton, per mile.

For every description of carriage, not being n. carriage adapted and used for travelling on a, railway, and not weighing more than one ton, carried or conveyed on s truck or plat- form, per mile, not exceeding C)ne Shilling and Threepence; 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.

~011s for yasser gcrs rr. I n respect of passengers and animals conveyed upon the

and cattle.

railway in carriages, whether belonging to the said Com-

missioners or otherwise, as follows -

For every pcrson conveyed in or upon any such carriage,

being a first-class carriav or compartment of a carriage, :

per mile, not exceeding k ourpence.

For every person conveyed in a second-class carriage, or com-

partment, per mile, not exceeding Theepence.

Provided always, that, for evcry 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 othcr beast of draught or bur- den, Sixpence; and for every ox, corn, bull, or neat cattle, conveyed upon the railway, pcr mile, Twopence.

For every calf, sheep, lamb, pig, or othcr small animal, con-

veycd in or upon the railway, Onc lialf-penny per mile.

~ o n s to include use of 14. In the said tolls shall be included the toll for the use of the

lor;ornotive power, carriages and of the engines for propelling the carriages on the said railway, and that no further charge than is heretofore stated shall be made for the use of such kngines: Provided, that nothing herein contained shall be construed to prevent an cxtra shnrgc being made

for

paid in respect of the carriage thereof shall be Three Shillings per

ton.

Goods be removed

within a certain time. the station or terminus of their destination on the said railway, 18. Owners or consignees of articles shall remove the same from 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 bc 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 expira- tion of twenty-four hours, at and after the rate of One Shilling per ton for such twenty-four hours or any part thcrcof: Provided, nevertheless, that if such articles be not removed from such station or terminus of their destination, before the end of one week after thcir 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.

Pasee~ws ' l ~ ~ g e. 19. Evcry passenger travelling upon thc railway may take with

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

Appropria"onQf tollat

rents, &c. 20. A11 tolls, rmts, dues, charges, and sums of moncy which may at any timc be received and levied under authority hereof, and all rents to arise under the authority to demise the said railvay hereby given, shdl be, from time to time, in such manner as the Governor rnay prescribe, paid to the 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 railway, and any balance, after payment of such expenses, shall be applied by the said Treasurer to and for the public purposes of the said Province.

d n n n d abtract of 21.

The said Commissioners shall, on or before the first day of Feb- ruuy in every year, preparc an annual account in abstract of the total receipts and expenditure of all funds raised or received under authority hereof for the purposes of the railway by this Act autho- rized to be constructed, whether axising 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 Treasurer and also by the Auditor-General, and a copy of such annual account shall be published in the South Austmlian Govern-

accounts to be

publi3hd.

men t Gazette.

Govcrnorma~aavance

moneys, to be repaid.! 22. It shall be lawful for the Governor, from time to time, by war- rant under his hand, to authorize the Treasurer to advance and pay to the said Commissioners, for the purposes of this Act, any sums of money not exceeding. in the whole the sum of One Hundred

and

and Twenty Thousand Pounds; and any sums of money so advanced and paid shall be retained by the Treasurer out of any moneys authorized to be raised or applied by him under authority hereof.

23. The railway and branches, by this Act authorized to be con- Exemptionfromlocd rates.

strutted, shall be, and is hereby declared to be, exempt from sewers, highway, municipal, police, improvement, and all other local rates and taxes now or hereafter to be imposed.

24. In citing this Act, in other Acts and legal instruments, it 8hort , ,

shall he sufficient to describe it as	The Adelaide and Gawler T o m
Railway Extension Act."

C '

- - - -.

Adelaide : Printed by autliority by W C, Cox, Qqernment Printer, Yictoria-square,