Gawler Railway Extension Act 1858 (SA)

sioners.

[Assented to, 24th December, 1858.1 ..- -

W HEREAS a Railway hsth been constructed between the City n,,bl,	of -4delaicle and Port Adelaide, aiid anothcr Railway hath bwn col~structccl bet~vccn thc City of Ad~lait le and Chwler Town, and provision has hcen made for the construction of another Eailway from the prescnt terminus of' the said Railway between the City of Adelaide and Gawlcr 'l'own to Section 112, Hmclred of Light; and wlm-cm it is esyeclient to provide for thc construction of another Railway from Sclction 1 1 2, in the Hundred of Light, to Suction 141 1, in tho Hui~drecl of Kapunda: And whereas plans and sections of the railway by this Act aut,liorixed to be constructed, showing thc line
and lcvels thcreof, and also books of refcrcnce contiriniirg the names
of the owners and occupiers, or reputcd owners and occupiers of the lands through which the sarnc is iutended to pass, have been de- posited in the oflice of the ~urveyor-~ene1"d1--Ee i t therefore Enactcd,
by the Governor-in-Chief of thc l'rovince of South Australia, by and
with thc advice and consent of the Legislative Chuncil and Housc of Assembly of tllc ~ .~t i ( i Province, in this lwesent Parliament assembled, as follows:

B 1. It

1. It shall be lawful for the 'l'reasurer, fbr the time being, of' the said Province, from time to timc, to issue bonds, not exceeding in the whole the sum of Forty Thousand I'ounds, for such amounts as he may deem expedient, and such bonds shall be in the form fol- lowing, that is to sty-

Form of bond. No* E. No.

South Australian Revenue Securities.

(Railway. )

I, the Treasurer of the Province of South Australia,

in coilsideration of the sum of l'ounds.

paid to me for the purposes of the fbrther extension of

the Adelaide and Gawler Town Railway, do hereby bind

rnyself to pay to the holder, for tlic time being, of this

present obligation, the sum of Pounds, and

interest thereon after the rate of six per cent. pcr annnm;

such intcrest to be payable on the first clay of January

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

to be paid on thc first day of, in the >ear

one thousand eight llundrcd and

Sealed with my soal. 1)atecl the daq of 3

oncl thousand c$$it llnntlrccl and

N o ~ ~. - h t c r e s t and principd, payablc at thc Trclasury in

Adelaide, South Ai~strdia, or [in T,ondon or in any other agreed place, to be declared at the t i m ~ of issue] at such place as may be appointed, by notice to be g i ~ e n

in the South Azrstrulinn Gorernmcnt Gcxmtte [and ill the

London Gazette].

And every holder of any such bond, for the time being, shall be

entitled to all rights and remedies, uiidcr and in respect of the same, in the like manner as though hc had been named therein as the

obligee thereof.

Bonds to bear interest	2. The said bonds shall bear interest at the rate of Six Pounds per centum per annum; and the interest and principal upon such b o h s shall be payable and paid to the holder thereof, at such place and at
at six per cent.
When payable.	such time as may be specificd or provided therein: Provided that the principal shall not be payable or paid before the expiration of five years, or after the expiration of thirty years, after thc passing of this Act.
Moneys raised by

bond how applied. 3. All sums of money raised and received by the Treasurer upon b

security of the 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 shall 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.

4. It

4. I t shall bc lan ful for the said 'l'reasurer, ailcl he is llcrebj re- 64,'lc'o unrruitlly to tor be pnt8nwnt set opnrt

quircd, in cnch and every year from the first raising of any burns of ,t plll,ripal and in-

money under the authority hereof, until the whole of the arriourlts so tmeit.

raised, and all interest thereon, shall have been duly paid, to set

apart t l i ~ sun1 of Four 'l'holl~i~lld Pounds, or such lrsser sum as shall

suffice to pay the amount of bonds redeemable during such year,

together with interest npoti all bonds whirh shall then bear interest; and slldl apply such sum in p:tyncmt of such bonds and interest as aforesaid, in manner specified in such bonds.

5. It shall be lawful fbr tlic said Trcasurcr, and he is herc>by M u n ~ y s for the con-

structiun of railway

authorized and required, out of the General l'ublic Revenue of the hoT% l,r provided

v-"-

said Province for the year onc thousand eight hundred and fifty-nine.	and w " e d.
to carry thc sum of Twenty 'l'llousanrl Pounds to the credit of the said Cominissioncrs for the purposes of this Act, and to pay ovcr the said sum of Twenty 'l'housand Pounds to the said Comrnissioncrs in such amount and manner as the Govcrnor by any warrant under his hand may, from time to time, authorize anti dircct.

6. 'I'Iw Railways Clauses C'onsolidation Act ailcl tltc. 1,nrids Clauses ~ n c o r ~ o i a t i o n atgene-

lal Urd~nances, No 7

Consolidation Act shall be incorporated with and form part of this ,f ,847, No. G of

,4(?. 1847.

7. I t shall he lawfld for the Sonth Australian Railway Chmmis- Power to makc rail- way wcordlng to

sionrrs to male and rnaink~in t l i ~ said line of railway, branches, ,,, ositai pi

extensions, I-oads, ancl works, in the line and upon the lands de- lineatecl in the said plans, and clcscribcd in the said books of' refwence, and to cnter upon, we, ailcl talw such of the lands delineated and referred to in sllcll plans and books of rcf(wnce, as shall he or be deemed necessary for such puryow.

8. I t shall be l a ~ f u l for the said Commissioners, iu the construc.tinn 1,ist of crsssings un

of the railway and branches by this Act autlmized to loc ~tiade, to the Icy"'.

cmry the sank on the level across the said sewral yowls l~ t t e r rd 011

the plans hereinbefore mentioned as follows, that is to say-T1	l I, 11,
KK, IJ,, MM,

9. It shall be lawful for the saicl C'ominissioners, to stop and Commissioners may

saicl plans, and marked respectively M, N, 0, P, Q, R, S, 'l', U, V,	close, either wholly or in part,, such of the roads shown upon the "oP"Oa". they may, from time to time, decm expedient: Provided that the on7ncrs and occupiers of all lands which shall abut upon any road so stopped, shall be entitled to receive full cornpensation in rcspect of any loss or damage to be occasioned by such stoppage; and the amount and application of any such compensation sliall be determined in the maimer provided by the Lands Clauses Consolidation Act, for
determining the amount and application of the compensation to be
paid for lands taken undcr the provisions thereof.

10. When any road shall have been stopped, or closed, in whole commissioners may

or w n v q lands.

or in part, by virtue of the power so hereinbefore gi\.eii, it sliall be l a w f ~ ~ l for the said Commissioners to convey such roads, so far as the same may be stopped or closed, or any part thereof, to the owner of the land upon which such road, or part of a road may abut.

Corn~ni&mc.re to

lrt~vc puww of Corn. l l. The said Commissioners shall, with respect to all roads shown

m i s, i r > ~ ~ c l r ~ ~ ~ d ~ ~

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

lluad h t.

Comrnissioncrs of Koads uuder an Act, So. 17 of 1852, For the

making and improving of Roads in South Australia.

Guagc of railway.

12. The gnage of five feet and three inches shall he the guage to be used in the railway bp this Act authorized to be constructed: Provided that it shall be lawful for the Governor to alter the said guage so as to bring the same into conformity with any guagc which may be adopted in the neighboring Colonies.

T V ~ ~ S. 13. I t shall be liiwful for the said Con~missioricrs to demand any

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

to say-

Tonnagc on articles

COIIVCYC~. I. I n respect of the tonnage of all articles convcyecl upon the railway, or any part thereof not in this Act otllenjise par- ticularly specified, not ~xceeding the rate of Kinepenw per ton, per mile:

For wool, measurelncnt goods, fruit, and flnriiiture, One

Shilling per ton, per mile:

For every description of carringc, not being a carriage nc lqhd

and used for tri-~vclling on a railway, and not ~vciglling

more than one ton, carricd or conveyed on a truck or- plat-

form, pcr mile, not rxree- One Shilling and 'l'hrwpence;

and for any t o ~ i ~ t l o n a l part of a to11 bcyoncl one ton,

wliich any carriage may weigh, il likc sum pcr mile of

- Eightpence:

TOIIS for passenger8 11. In respect of yasscngers and anin~als conveycd upon the

and cattle.

railway in carriages, whether belonging to the said Corn-

missioners or otherwise, as follows-

For every person convcycd in or upon any such carriage,

being a first-class rarriagp, or compartment of a carriage,

per ~nile, not exceeding E ourpence:

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

partment, per mile, not exceeding Threepence.

Provided always, that, for cvery fraction of a mile, a full mile may be charged; and that for any shorter distancc than three miles, three miles 111ay be charged:-

Yor cvery horse, inule, ass, or o t lm bcast of draught or bur-

rim, 5ixpence; and for every ox, cow, bull, or neat cattle,

( oil c i ' J - 4. 3 l :ijiull ! ? > P milway, per mile, Twopence.

-,

, ~ u r c i i l:.y a >, d i: I;( 1:r:nh. llip. or other snlall animal, con-

i '

T-eyc c? ill c .* :1j1!,:1 t h p i. : i 1 ' ~ A: -, One Half-penny per mile.

14. In

Tdl, to it~cludtt use of

14. h1 the said tolls shall be inclllded the toll for the usc of the,

r;irringc% and of thc engines for propelling the carriages on the said railway-, ailcl that no further charge than is heretofore! stated shall

nwlc for the use of such engines: Providecl, that nothing herein

vontaincd shall be construeti to prrvcnt an extra chargc being made

for the nsc of engines and carriages for special and express trains:

Ancl provided also, that any person or corporations employing their own locomotive engines a i d carriages slrall be entitled to run such twgin~s and carriages upon the said railway and branches, paying scventj7 per cent. of the tolls receivable or payable in respect of the goods and passengers convcyed or carried by such cngines and car- riages.

15. In addition to the prescribed tolls for the conveyance of arti- ~ ~ ~ ~ ~ ' " t ' " ". "l'(' the

dos, thc said Cominissioners may charge a reasonable sum for loading and nnloacling; Provided always, t l~a t the owners of goods shall be at liberty to crnploy their own servants for loadlng and unloading, subject to the regulations in force for the time being for the working of the said railway; with rcspcct to all articlcs, except stone and tim- bcr, the weight shall be d~termilled according to the usual avoirdupois weight; with respect to stone a i d timber, fourteen cubic feet of stone, and forty cubic feet of hard wood, and fifty cubic feet of othcr timber, shall he dee~rled one ton weight, and so in proportion for any srnaller quantity: Provided, that any quantity less than half a ton may be charged for as ha l f x ton.

16. dud with respect to srrlall packages and single articlcs of g e n t TO'^. fol >cl)ti~nte

wvidlt-be it Enacted, That, notwithstatding the rate of tolls p"C1sv

h.

Il~rcmbefore prtwxibed, the said Co~nmissio~iers may lawfully demand

thc tolls following, that is to say-

For thc carriage of snidl parcels on the railway-For any

parcel not exceecling twenty-eight pounds in weight, not

escceding One Penny per mile each:

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

cxcecding Three EIalfpence per mile each:

For any parcel not exceeding one hundred and twelve pounds in wcight, not exceeding Twopence per mile each; and not exceeding One Penny per mile cach for every a:&

tional fifty-six pounds ill 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 like, shall not be deemed small parcels, but such term shall apply only to single parcels in separate pacltages-

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

C	17. In
Commisaioncrs to be

entitled to receive a 1'7. In all cases any article, matter, or thing, not being a.

fixed sum per ton for small package, shall be carried or conveyed along the said rail~vay

short distltnces. and branches, for so short a distance that the sum of money authorized by this Act to be demanded or received for the same shall not amount to the sum of Three Shillings per ton, the s u n to be paid in respect of the carriage thereof shall be 'l'llree Shillings per ton,

to be

w i t h a certain time	18, Owners or consignees of articles s l d l remove the same from the station or terminus of their destination on tbe said railway, 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 s l d l be made within six hours after such hour in the morning; and, in default of such remojal, shall be liable to demurrage at and after the rate of Two Shilliilgs and Sixpence per ton; and further, if riot rcmoved after the expira- tion of twenty-four hours, at and aftrr the rate of One Shi l l in~ per ton for such twenty-four hours, or any part thereof: Provided, nevertheless, that if snch articles he not removed from such station or terminus of their destination, before the end of' onp mwk after their arrival there, the sum of Two Sliillings and Sixpencc~ pcr ton per week shall be charged and payable in respwt of such goods for the warehouse-room thereof.

Passengers' luggage. 19. Every passenger travelling upon the railway may take with

him his orJinary luggage, not exceeding one hunclrecl ponnds in weight for first-class passengers, and sixty pounds in wcight for second-class passengers, without any charge bcing nmlc for the- carriage thereof.

Z

Appropriation of tolls,

rents, Cc. 20. All tolls, rents, dues, charges, and stuus of lnoncy w h i h may

&' at any time be received and lcriecl under authority llcreof: shall

p+--	be, from time to time in such manncr as the ~ o v e r n o r ' m a ~ prclsrribe, paid to the Treasurer for the purpose of, in the first instanctb,
defraying the costs and charges of and attcntlirig the nlaintenance, working, and management of the mid railway, ancl any balance, af'tes
payment of such expenses, shall be applied by thc. said Treasurer
to and for the public purposes of the said Pro\ incc.

Annual abstract of	21. The said Commissioners shall, on or before t h ~	first clay of E'(+-
accounts to be

published.

rwwy in every year, prepare an annual account in abstract of' the total receipts and expenditure of all funds raised or receil-ed untier authority hereof for the purpose of the railway by this L 4 ~ t autho rized to be constructed, whether arising from loans, tolls, chalges, or any other service, for and during the past year, u d e r the several distinct heads of receipt arid expencliture, with a statement of the balance of t,he 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 Austrdian Govern-

ment Gazette.

22. It

Governor may advance

22. I t 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 mholc thc sum of Sixty Thousand Pounds; and any sums of money so advanced and paid shall be retained by the Treasurer out of any moneys autho- rized to be raised or applied by him under authority hercof.

moneys t o be repaid.

Esemption from local

23. The railway and branches, by this Act authorized to be con- structed, shall be, and is hereby declared to be, exempt from sewers, highway, municipal, police, irnprovcment, and all other local rates and taxes now or hereafter to bc imposed.

rates.

24. 111 citing this Act, in other Acts and legal instruments, it

shall be sufficient to describe it as "The Adelaide ancl Gawler Town

Railway Further Extension Act."

Short title of Act.

Cornu~rncement o f

25. This Act shall take effect from the passing thereof. ., .4 Act.

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A D E ~ ~ E : Printed by authority by W. C. COX, Government Printer,