General Tramways Act 1884 (SA)
ANNO QUADRAGESIMO SEPTTMO ET QUADRAGESIMOOCTAVO
A.D. 1884.
No. 309. An Act to regulate the Construction and Working of
Tramways.
W | provisions usually introduced into Acts of Parliament relative to thc construction and working of tramways-Be it therefore Enacted by the Governor of the Province of South Australia, with the advice and consent of thc Lcgislativc Council and House of Assembly of the said province, in this presmt Parliament assembled, as follows: |
Tllc General Tramways Act, |
1884,"
2, I n the construction of this Act the following c.xl)rc\ssions, so Interpretation.far as the context and the subject-matter permit, s l d l have the
meanings hereinafter :issigned to them rcspectively, namely-
" Special Act " shall mcnn m y Act which shall llcrcnfter bc
passed to authorise the cunstrllction of a tramway:
" Prescribed " shall be equivalent to | prescribed for that plxrposc |
in thc special Act ":
The promoters" shall mean the parties authorised by the special
Act to execute such works or undertakings:
The word 6Lroad | " shall mean any carriageway being a public |
highway, and the carriageway of any bridge forming part of
or leading to the same: The
The General T~amways Act.--1884.
road authority " shall include the Municipal Coi~o- |
ration, District Council, or Road Board having authority in
the place in question:
The word | district," in connection with | road authority," shall |
mean the area within which such road authority enjoys
control over the roads:
" Owner," with reference to any notice required by this Act, or the special Act, or any Act incorporated therewith, to be given to the owner of any lands, or any consent to be obtained from the owner of any lands, shall mean any person or corporation who, under the provisions of this or the special Act, would be enabled to scll and convey lands to the promotcrs of the undertaking:
Justices" shall mean Justices of the Peace for tbe province who
shall not be interested in the matter:
The bank" shall mean the bank to be named iil the special
Act as the bank to which payments are to be made.
Incorporationof Act
3. This Act shall apply to every tramway undertaking to be |
~ c t g. | authorised by any Act which shall hereafter be passed; ancl all the clauses and provisions of this Act, savc so far as they shall be expressly varied or excepted bp ally such Act, shall be incorporated therewith and apply, so far as applicable, to the undertaking authorised thereby. |
A"tOa~plytO existing 4. The directors of any tramway undertalcin g heretofore
tramways if directors
pctition to be brought authorised may apply to the Governor b y petition praying that any | ||
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.Gazette, declare that this Act shall apply to any such tramway
undertaking; and from and after such Proclamation all the clauses | and provisions of this Act shall apply to such tramway undertaking, |
and all clauses and provisions in the Act heretofore passed authorising such tr;~mway undertaking inconsistent with any clausc or provision of this Act shall be deemed to have been repealed. |
PART I.
CONSTRUCTION OF
'l'1<AMMTAYS.
Power to | ||||||
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W-
Y ~ n r | I, |
~~d~ uppermost snrfacc of cvcry rail d id1 be on a lcvd with the surface of the road; and the rails used i11 the construction of mery tramway shall be of iron or stccl, and uE tllr: wtight of not less than twenty pounds to tllc yard. And such rails shall bc wooved, the groove in no caso cxcecding onc and a qusrtcr iiiclics In width.two rails (thc running surfaces of which shall 1~ laid at a distance of formation of
of four feet eight and a half iizchcs from cclcll otllcr), and shall tranlwaYS.
7, Every tramwny s l d l be constructed and nlttiiitniizccl in such Tramwdyg not to
or injury to tlw us(: |
pi~blic | for t l ~ c | purposc of traffic of any road wh~t.con | thc same slid1 |
be laid, ;1nd the public shrill at all tiincs be e~ititlecl to tllc free a i d uninterrupted use of cvcry part of such r o d, saw: wlwil any con- vcynnw of thc promoters shall 1)t. pi~ssillg m7(~r or be about to pass over any part tllvrcwf, or bc standing thcrc>on, and then thc public shall not i r ~ cntitlrd to tlic osc of t116 part of such r o d ovw which such convcyancc1 shall bp passing or :;bout to pass, or upon vvliich such uonveyancv s l d l bc standing: Pvovidcd that no such conveyancc shall stand a t i b l l Y point in any road othr~r th:til a tc~rir~inus of the tramways, csccpt for tllc purl)ose of t:iking up or scttiii5 down passcirgers, or for the 1)urposc of passicg at any turn-out 01% siding.
'l'hc promoters from time to time may dig | and alter the Power to break UP |
surfilce of ally- road, and with the consent of thc r o d authority
streets, &c. temporarily stbp the traffic thereof, for the purpost: of milking,
formiop, laying down, rnaiutaining and rcnrwing an77 tramway duly
authorised, or ally p r t oi. parts t hwcof respective1
y, upon, over, orthrough any road, or over any rivcr or xtrea~n, s u b j t ~ t t o the
following rcgulntions-
(1.) |
and the portion of | 1-oacl proposcd to br. opcmd or l ~ o l i e n |
up; such notice to bc givcil sevcn days at least beforc the
cormreilccmchnt of | the work: |
( 2. ) They shall not open or brcak up any road cxccpt undcr the?superintendencc ancl to tile rcason,zblc s;~tisfiic:tion of the road authority, unlcss that authority rrfi~scs or ncglects to ~ i v e SUCL superintenrlei~ce at the &c spccificd in thr notice, or discontinues the same during the work:
SO |
to do by thc special Act, and in ;ill
c n s ~ s in which thcy do so alter. the level t h y shall alter the lcvcl over the whole width of the road, and reinalrc and remetal the same to the satisfaction of thc road authority:(4.) "L'hcv sllall pay all icnsonixble expcnws to which thc roid authority is put on account of such superintcndenee:
(5.) They
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The General Tmmways Act.-1 884.
(5.) They shall not, without the consent |
any two places at which they shall open or break up
any roid at the same time.
Where the csrriage-way in or upon which any tramway is proposed to be formed or laid down is crossed by a ~ y railway or tramway
on the level, any work which the promoters may be empowered to con- struct, and which affects or in anywisc interferes with such railway or tramway or the traffic thereon, shall be constructed and main- tained under the superintendence (at the cost of the promoters) and to the reasonable satisfaction of the person, corporation, company, or authority owning such railway or tramway, unless, nftcr notice to be givcn by the promotrrs sewn days at lcnst before the commence- ment of such work, such superintendence is refused or withheld.
Com~letionof worha
of any road they shall be under the firllowing further obligations, namely- |
(1.) Thcy shall with all convenient speed, and in all cases within four weeks at the most (unless the road authority other- wise consents in writing), complete thc tvork on account of which they opened or broke up the samc, and (subject to the formation, maintenance, or renewal of the tramway) fill in the ground and make good the surface, and, to the satisfaction of theroad authority, restore the portion of theroad to as good condition as that in which it was before it was opened or broken up, and clear away all surplus paving or metalling material or rubbish occasioned bythe work to such spot in the road district wherein any
such road shall be situated as the road authorities shall
direct:
is opened or brokcn up t o be fenced and watched, and to | |
be propcrly lighted at night: |
(3.) They shall bear or pay all reasonable expenses of the repairof the road for six montlis after the same is restored as
far as thosc expenses are increased by the opening orbrealrin g up.
If the promoters fail
to complyin any respect with thcpro- visions ofthe present section, they shall for every such offence (without prejudice to thc enforcement of specific pcrforrnance of the rcquirenients of this or the special Act or to any other remedy against thcm) be liable to a penalty not exceeding Twenty Pounds, and to a further pe~ialty not exceeding Five Pounds for each day during which any such failure continues after the first dayon whichsuch penalty is incurred.
10. Where '
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The General T'ramways Act.-- 1884. --- -
10. Where the level of any road shall be altered in making any
tramway, the ascent of any main road shall not be more than one | |
roads where level iti | |
foot in thirty feet, and tllc ascent of any other public road shall not be | altered. |
more than one foot in twenty feet. The level of the main or public road shall be furnished by thc road authority to the promoters, and | |
a good and sufficient fence of four feet high at the least shall be | |
made on each side of every bridgc which shall be erected by the promoters. | |
where tramway is | |
laid. | |
and in such manner as the rond authority shall direct and to their satisfaction, so much of any road whcrcon any tramway belonging to the promoters is laid as liEs between the rails of the tramway, and where two tlxmwnys are laid by the sarnc promoters in any road at | |
of any such tramway. |
If the promotersabandon their undertaking or any part of the |
same and take up any tramway or any part of | any tramway helong- |
ing to them, they shall with all convenient spccd and in all cases mshin six weeks at the most from the timc any portion of the trarn- way is abandoned or taken up (unless the road authority otherwise consents in writing) fill in the ground and malw good the surface,
ancl to the satisfaction of the road authority restore the portion of
the road upon which such tramway was laid to as good a condition
as that in which it was before such tramway was laid thereon, and
clear away all surplus paving or mctalling material or rubbish occasioned by such work; and thcy shall in the meantime cause the place where the road is opened or brokcn up to be fenced and watched and to be properly lighted at night: Provided always, that if the promoters fail to comply with the provisions of this
time after seven days' notice to the promoters open and break | sectioh the r o d authority if they think fit may themselves at any | the road and do the works necessary for the repair and maiatenance or restoration of the rond to the extent in this section above mentioned, and the cxpcnse incurred by the road authority in so doing shall be repaid to them by the promoters. |
authority and |
promoters may con-
the other hand may from time to time enter into and carry into , | , |
effect, and from time to time alter, renew, or vary, contracts, agree- road. | tram- |
ments, or arrangements with respect to the paving and keeping in repair of the wholc or any portion of the roadway of any road on which the promoters shall lay any tramway, and the proportion to | |
be paid by either of them of thc cxpense of such paving and | |
keeping in repair. |
13. For the purpose of making, forming, laying down, main-Provision a8 to es
taining, | and |
VICTORIW, No.
The Genera2 Trnmways Act.-1 884.
taining, repairing, or renewing any of their tramways, the promotcrs may from timc to time, where and as fdr as it is necessary or may appear expedient for thc purpose of proventing fieqnent interruption of the traffic by repairs or works in connection with the same, alter the position of any mains or pipes for the supply of gas or water, or any wires or apparatus for telegrq~hic or other purposes, subject to the provisiom of this Act and also subject to the following restric-
tions, that is to say-
(1.) Before laying down a tramway in a road in which any mains or pipes, wircs, or apparatus may be laid, the promoters shall, whcther they co~itemplatc altering thc position of any such mains or pipes, wires, or apparatus or not, give seven days' notict. to thc company, prrsons, or person, or authority to whom such mains or. pipes, wires, or apparatusmay belong, or by whom they :ire controlled, of the intention to lay down or alter the tramway, and shall at the same time deliver a plan and section of the proposed work. If it should appear to any such company, parson, or authority that thc construction of the tranwa). as pro- posed wo111Lt cadanger any such main or pipe, wirc, or
apparatus, or interf~re | with or impcdc the supply OS w:~tcr |
or gas, or the tclegrapllis: 01. other cornmwication, such company, person, or i~nthority (as the case may bc) map give notice to the promotcrs to lower or otlzermisc alter the position of the said ini~ins or pipes, wires, or apparatus in such manner as may bc consid(w4 ncccss:~ry, and any diff'ercncc as to the neccssit~. of any sncll lowering or alteration shall bc settle6 in &aliiler provided 1,y t8his Act for the settlement of diffcrcnccs betmeell the p~onioters and other companies or persons, and all alterations to b~ made under this section. shall be il~aclc with as littlth cktriineilt ancl inconvcniencc to the cornpmy, pcrson, or authority t,o whom such mitins or p i p, wires, or apparatus nruy l)elong,
or by ~vhoru the same | ||
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the s~q~rintent l (~nce of such rompany, person, or authority, or of their surveyor or engineer, if they or lie think fit io nttcnd a f t e ~ receiving not less than forty-eight hours' notice for that purpose, ~vhiclr notice the promoters are hewby | ||
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( 2. ) The pronrotrrs shall not remow or displace any of the m:~insor p i p, valvcs, siphons, plugs, wircs, or apparatus, or other works 1)donging to or controlled by any such corn- pnny, person, or authority, or do anything to impede t,hc passage of water or gas, or the telcg~aphic or other com- munication into or through sucll iiiaiils or pipes without
the consent of such company, pcrson, or authority, or in any other maiincr than such company ,ersoli; or anthoxity
shall approve, uiltil good and sufficient mains, pipes, | 1. |
valves,
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The General li.a?rtwtzys Act.-1 884.-
valves, siphons, plugs, and other works necessary or | ||
proper for continuing the supply of watw or gas or telc- graphic or otllcr cornrnunication as sufficiently as the same |
bet~~rccn | such surveyor or engineer and thc: promoters, as |
an engin~ei. | appointccl by the Governor shall direct: |
(3.) The promoters shall not lav rlowri any snch pipes contrary
to the regulations of | any k c t rrlating to such water or gas |
or other 'ornpiuly, or relating to tclcgray~lis | : |
(4.) The promoters h 1 1 make good all rlalnnge done by them to pmpwty belonging to or controllcc1 by any such company, person, or authority, and shall make full i:ornpensation to all partics for any loss or damagc which they may sustain by rcasan of any intcrfcrcncc with such property or with the private servicr pipes of any person supyliccl by any such company, person, or authority with water or gas:
( 5. ) If, by m y suc:h operations as aforesaid, thc proniotcrs in tc r r~~p t the supply of watcr or gas in or through any main or main p ip, they shall be liable to a penalty notexceeding Twtwty Pounds for evcq dl~y upon which such
supply s l d l be so interrupted.
tllerewith, intc~.fercs with any sewer, drain, watercourse, subway,
mence the s;mc, by 1e:lving such notice at; the principal office of such |
authority, with all neccssnry yarticul;~,rs relating thcreto; nor until such authority shall have signified their approval of'the same, unless such authority do not signify thcir approval, (lisapproval, or other dircctions within fourteen days after servicc of the said notice and particulars as aforcmid; and the pomoters shall comply with and conform to all reasonable dircctions and rvgulations of the said authority in the cxccution of the said works, and shall provide by new, altered, or substituted ~vorks in such manner as such authority shall reasonably require for thc proper protection of and for prc- venting inj 1u.y or impediment to thc sewcrs and works hereinbefore r e f e n d to by or by reason of the tramways, and s l d l save harmless the said authority
work
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The General Tramways Act-1884.
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work as aforesaid, or any works or defence colmected therewith, shall | |
be completed by or at the costs, chargcs, or expcnscs of the pro- | |
moters under the provisions of this Act, the same shall thereafter be | |
as fully and completely under the direction, jurisdiction, and control | |
of the said authority, and bc maintained by them, as any sewcrs or works. |
any power to open or break up any road along or across which any tramway is laid, or any other bower vested in any road authority or other authority for any of the purposes for which such authority is respectively constituted, or in any company, body, or person for the purpose of laying down, repairing, altering, or removing any pipe for the supply of gas or water, or any tubes, wires, or appilmtus |
be subject to the following restrictions, that is to S&- |
(1.) They shall cause as little detriment or inconvenience to the
promoters as circumstances admit:
(2.) Before they commence any mork whereby the traffic on the tramway will be interrupted, thcy shall (exccpt in cases of urgency, in which cascs no notice shall be neces- sary) give to the promoters notice of their intention to commence such work, specifying thc time at which they will begin to do so; such notice to be given forty-eight hours at least before the commencement of the work:
(3.) They shall not be liable to pay to the promoters any com- pensation for iiijury done to the tramway by the execu- tion of suchwork, or for loss of traffic occasioiied thereby, or for the reasonable exercise of the powers so vested in them as aforesaid:
(4.) Whenever, for the purpose of enabling them to execute such vork, the road authority shall so require, the promoters shall either stop traffic on thc tramway to which the notice shall refer, where it would otherwise interfere with such work, or shore up and secure the same at their own risk and cost during thc cxccution of the vorlr there: Provided that such work shall always be completed by the road authority with all reasonable expedition: |
(6.) Any company, body, person, or authority shall not execute such work so far as it immediately affects the tramway, except under the superintendence of the promoters, unless they refuse or neglect to give such supe~intendence at the time specified in the notice for the commencement of the mork, or discontinue the same during the progress of the work; and such company, body, person, or authority shall execute such work at their own expense, and to the reason- able satisfaction of the promoters: Provided that any
additional
47" & 48" VICTORIE, No. | - -- | - | --p-. |
T2i.e General Tramways Act.-1884.and subject to The Railways Clauscs Consolidation Act," No,
7 of 1847: Provided that the Government shall not bc compelled to abide by the event of the award if the Government shall give to the promoters, within one month of the awilrd being given, noticc in writing to that effect, and thereupon the promoters shall be at liberty to carry on and work the said t r a n l ~ y: And provided also, that the '~overnmcnt shall pay all costs of the rcfcrcnce and award, and all costs and cl-iarges incidental thereto.Power to ad1 under-
the tramways ancl undertaking to any pcrson or compmy, at such price and upon such terms as thc promoters shall determine; anti for t,ho purpose of carrying out such sale, the promotcrs may grant, transfer, and assign the tramways and undcrtaking to the purchascr, and thereupon all the rights, powcrs, authorities, obligations, and liabilities of the promotcrs in respect of the undertaking s l d l vest in, may be exercised by, and shall attach to the purchaser as if thc purchaser had been the original promoters. For the purposes of this section, the terms '' promoters" shall include evrry person in whom for the time bein5 the undertaking shall be vested, whether by purchase or by oyeratlon of law or otherwise. |
T r ~ m ~ a y a | not to be |
bouuit to |
any line or lines of tramway or railway, the construction or e~ection
of which map, or may be sipposcd to,-i'njuriously affect, whether by
competition or otherwise, the lines of tramway by thc special Act
authorised, the promoters shall not be cntitled to receive or claim
m y compensation from the Govcrnment hy reason of such damage or injury.
Rating clause. |
In each year after the year one thousand eight hundred a.nd eighty-four the promoters shell pay to each Municipal Corpora- tion and District Council within whose limits the tramway authorised by the special Act shdl bc laid, the following rates, namely :-To
the Corporation of Adelaide rates calculated on the sum of One IIundrccl Founds per mile, and to other M~~nicipal Corporations and to a11 District Councils ratcs calculated on the sum of Twenty-five Pounds pey milc, as the annual value of every ride in lclipth df the tramways along any of the streets subject to the control of the said Corporations or District Councils, or the successors of such District Council respcct,ively, in the same nianner as rates declared and levied upon ratable property by virtue of " The Municipal Corporations Act, 1880," or the District Councils Act, 1676," or of any Act amending the same respectively; and such rates shall form portion of the general revenue of such Corporatiou or District Council, or the
successors
11
W-- | 47' & 48" VICTORIW, NO. |
p---. | - -----P- | ---- |
successors of such District Council respectively: Provided that, save -- - p*"~ | - -- | |
a s in this section provided, neither the train~mys nor any works | ||
connected therewith, nor the cars, horses, mgincs, rolling-stock, or other things used in working the tramways, shall be liable to tlin payment of any municipal, district, or other local rates or taxes whatever. |
GENERAL YltOVISIONS.
24. |
may im on their trainways carlil~ges mith flange wvliecls or wheels
the ~xclnsive use of thcir tramways for carriagcs with flange whecls
or other wheels suitable only to run on the prescribed rail.
All carriages nsed on any tramway shall bc moved by the power
prescribed by the special Act, and whcrc no such power is prc-
scribecl, by horses or mules only,
No carriagc used on any tramway which is hereafter authorised shall extend beyond the outer edge of thc whccls of such carriage mare than eleven inchcs on each sidc, nor measure in width more tlian seven feet and a half.
The promoters and any other pmwn may from time to time make and cnter into and carry into cffect contracts, agreements, and |
25.
~ | ~ | ~ | ~ | ~ | ~ | $ | s |
arrangrments for or mith refcrcncc to tkc use by stlch other person of the tramways, and thr tolls, rates, and charges to be paid for such use, and the terms and conditions of such user, and all ixzcidciital
matters. |
any tr,2111nrap, | t ramw~y | may in |
shall have bccn fix three yrars opened for general traffic in m y | ,,,,,, ,, |
district, it shall be renrescnted in writ in,^ to the Governor bv the gr:mte(l to third |
road authority of such district, or by tmcnty inhabitant ratepayers | pitrties by the |
of such district, that the public are deprived of the full bcncfit of | |
the tramway, the Governor may (if hc consiclcr that | |
faction, the Governor may, from timc: to time want licences to | company or person to use such tramway, in addition to the prainotcrs '.? |
for such traffic, and with such carriages as arc authorised by the special Act, subjcct to the following provisions, conditions, and restrictions, thnt is to say- |
47'
Sr 48" VICTORIX, NO.309.
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(l.) The licencc shall be for any period not less than one year
nor more than three ycars from thc date of | the liccnce, but |
may be renewable by the Governor: |
(2.) The licence shall be to use the whole of such tramway for the time being opened for public traffic, or such part or parts of such tramway as the Governor, haviizg reference to the cause for granting the licencc, shall think right:
(3.) The licence sliall direct the numbcr of carriages which the licenuee or licencces shnll run upon such tramway, and the mode in which, i~lld times at which, such cvrriagcs shall be run:(4.) Thc liccncc shall specify the tolls to be paid to the yro-
moters by the liceiicee or liccncees for the use of tlie
tramways:
(5.) The liccnccc or licencces, and tllcir officers and stmants, shall
permit onc 1 1 c r ~ m | duly autllorisocl for that purpose by the |
proifioters, to ride free of cllarge in or upm each c:irriaw | !' |
of the liccncee or liccxzcces 1.~11 upon t h ~ | tramways for |
the whole or any pm t of tlie journey: |
(G.) | 1'11~ Govcrnor mny, at any time after thc granting of :my |
licence, | rcvolze, a l t ~ r, | or modify the sarnc for good cause |
shown to him.
In default of payment
of tolls, licencees' |
rcspcc t of m y pass~ngcrs | ctlrricd in m y | i t shall be lawful |
onrriages may be
Setitinad | for the promoters, to whom t lw snmr arc pnpnble, to dctain: ~ n d | |||
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any other carriages on such trtmrvny or prenliscs bc~longing to such licmlcee, ant1 out of thc moiicys arising tnm such sale, to retain t h: tolls payable as aforesaid, and all clmges a i d expenses of such | ||||
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28. Xwry licenrce shall, on clemancl, gi\e to ail officer or servantauthorised ill that behalf by t11c puomotcrs eutit1c.d to Le paid tolls
by such liccncee, an csact account in writing, signed by such
licencce, of thv nnnlbor of lmsscngers conveyed hy any and csery
carriage uscd by him on the trm~n-ays.
If any such lirencee fails to give sl~rl i | accomt to such officer |
or servant den~mding | the samc3 as atorcsaicl, or if any mch licencev, | |
carried liable to |
with intent to avoid the payment of m y tolls, gives a false ilccollnt, hc s l d l fur cwry such ofkncc f'orfthit to the promoters, or to their lessees entitled to bc paid tolls by such liccncee, a s-rxm not cxcccd- ing Five Pounds, mcZ such penalty shall h(> in acldition to ally tolls | ||
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The Gena~ul Trumzonys Art.-1 884,
the tolls due |
to the prornott3rs from m y licmcec, or concerning the charges Diqutesas toarnount
tO1ltObesettled
occasioned by any detention or salc of any carriage, under the | by Justices. |
provisions herein contained, the same shall bc settled b y m y two br more Justices of the Peace, and it shall be lawful foG the pro- moters in the meanwhile to detain the carriage, or, if the case so require, the proceeds of the sale thereof. |
31. Every licencee shall bp answerable for any trespass or darnagoowners of carriages
done by his carriages or horscs, or by any of the servants or persons by | liable for damagc done |
ernyloycd by him, to or upon the tramway, or to or upon the pro- perty of any other person, and without prejudice to the rights of action against the liccncec or any othcr pcrson, every such servant or othcr person may lawfully be convicted of sllch trespass or damagc before any two or more Justices, either by the confession of the party offending, or by thc oath of somc crdible witness; and, upon such conk iction, every such licen cec shall pay to the promoters, lessees, or l~cmons injured, ;is the case may be, thc damage to bc asccrtainccl |
by such ~ustices, | so that the same do not exceed Fifty Founds. |
to |
trict for traffic, the promoters disoontinuc the working of such
~~," .ainee ' tJ i" thereof so discontinued, shall from the date of such order betramway, or of any part thcreof, for th: space of three calendar
rrionI,hs (such tlistwntinnnnre not heinn occasioned bp circumstances
beyond thc control of such promoters, for which purposc the want of
sufficient funds shall not be considered i t c:ircumstmce bcyonci their
control), and such discontinuimce is provcd to the satisfaction of
the road authority, the Governor, on the recornmelidation of such
roacl authority, if he think fit, may, 1)y ortlcr, declare that the
at ,211 end, and thereupon tht: said pwers of the promoters | s h d cease i~nd determinr. Where any such order has been |
made, the road authority of such district may, a t any time after the expiration of two months from the datc: of such order, under the ;tutlm-ity of a ctlrtificate to that effect by the Governor, reulavc the tramway, | |
be fi id and conclusive; and if the promotersfail to pay the amount | |
so certified within one calendar month after delivcry to thcrn of such certificate, OY | |
of the materials of the trammy, or part of tramway, removed, either 1)y public arlction or private sale, ancl for such sum or sums, and to such person or persons, as thc road authority may think fit, |
and
14 47' Er 48" VICTORIR, NO.309.
+- | - - |
-- |
-p- | - -- | - -- - - | . |
and may, out of | the proceeds of | such sale, pity a i d reimburse them- |
selves the amo~mt of' the cost certified as r~foresnicl, and of the cost of sale, and the balance, if any, of the proceeds of the sale shall
be paid over by the road authority to thc promoters.
Proceedings in case | any time after the opening of m y tramway in any dis- | |
of insolvency of pro- |
moters. | trict for tri~ffic, it appears to the road authority of such district that the promoters of such tramway are insolvent, so that they arc unable to maintain such tramway, or work the same with advantage to the public, arid such road. authority makes |
Provision for |
or modification of |
dangerous or incon- | for public traffic, i t shall be rcprcsentcd in wl.iting to the Governor |
by the road authority of any district in which the tinmmays 81'C laid that, in the opinion of k c h road authority, thc tmrnwnps, oy some specified part thereof, are, or is, dimgerous or inconvenient to the public, and ought to be rmloved or moclified, the follo~ving | |
provisions shall come into force- |
I. The Governor may, by order under his hand, squire the
|
thereof spccificd as aforesaid:
11. If the promoters, within one calcidnr rnontli after the service:of such order, s l d l give noticc in writing under their common seal to the GOT-ernor, that they desire that the question as to the necessity or expediency of thc remowl or modification odered shall be referred to the clecision of
a referee to bc appointed by the Ciovernor, the question
shall be referral accordingly; and upon the application either of thr? promoters or of the road authority, the Go- vernor shall appoint some impartial person as rcfcree and the award of the referee wit11 reference to the question rcfcrred to him shall be final ancl coi~cluvive as against all parties, and by his awml he may, if he think fit, direct the
removal or modification of | the tramways: |
m. Within six calenclar months after service upon the promoters
of
of thc order of thc Govcrnor directing the removal or
rnvdification of the tramways, or if the promoters shall '
have given notice as aforesaid of their desire that the
question as to the necessity or expediency of such rcmoval
or modification should be ref'crrcd, then, within six calendar
months after the publication of the award of any referee
appointed by thc Govcrnor directing the rcmoral or
rrlodification of the tramways, or within such earlier time (if any) as may be limited by such order or award, thc pro- moters shall rcmovc or modify the tramways pursumt to the directions contained in such order or award, and shall n~nlie good the road in which the tramways removed or. nlodificd were or arc situate to the rcasoilsble satisfactioa of the road nutliority thereof: Provided that if any moclification which the company rnay be required to make in thc trnmways by any such order or award shall bc beyond their then existing powers, the promoters shall, as soon as convci~icntly may be, :tpply to Parliament for the ncccssary powcrs to n~alcc such modification, and tllc pro- visious coiitained in the next following sub-section shall not have effcct until the expiration of three calendar months aftcr the Bill to bc introduced into Pnrliamcnt by the promoters in compliance with this provision shall have become law, unless such Bill shall be rejected by l'arlia- mcnt or withdrawn:
rv. If the promoters fail to remove or modify the tramways in accordance with such order or award, as the case may be, or to make good tho road in marlner afomsaid, the removal, modification, or making good mav be effected by the road authority of the district in which such tramways are situate, and the ilrnonnt of the cost thereof, certified by the clerk or secretary for the time being of such road
with reference th(2reto) s l d, or1 demand, he ropaid by the | authority (which certificatc shall be final and conclusive |
promoters to the road authority: |
v. If | the promoters fail to pay tbhe amount so certified within one calcndax month after delivery to them of thc certificate or |
a copy of thc ccrtificate of the clerk or secretary of the | |
road authority, the road authority (without prejudice to any other remedy which they may have for the recovery of the amount) may scll and clisposc of any mstcrials of the tramways removed or modified which may remain in their hands, either by public auction or private sale, for such price as thc road authority shall think fit, and may, out of the proceeds of such sale, pay and reimburse themselves the amount of the costs certified as aforesaid, and all charges and expenses of and incidental to such sale, and the balance (if any) of the proceeds of such sale shall be paid by the road authority to the promoters, |
47' & 48" VICTORI/E, No.
309.
The Gemral 1;-amwrcys Act,-1884.
&C. | 35. The promoters of a tramway authorised by any special Act may demand and take, in respect of such tramway, tolls and charges not exceeding t h ~ slims specificcl in such special Act. subject and according to the reerilations therein specified. A list of all thc tolls and charges authorised t,o be taken shall be exhibited in a con- spicuous placcinsidc each of the carriages used upon the tramways, and it shall appear by such list to whom and where such tolls and charges are payablc. |
Mode of payment of
tolla and charges. |
taken, and which sllall be demanded by thc uromotcrs, shall bc paid to such pcrsons, and at such places uphn or ;ke:Lr the trarnways,'annd in such manner and under such regulations as the promoters shall by notice to bc annexed to the list of tolls appoint.
l'assenws may |
luggage. | with him his ordinary personal luggngc without any charge bcing made for the carriage thercof, but so that the weight of such luggage |
shall not evcced twenty-eight pounds. |
BY-T,AT+-s.
BY-laws by road |
authority. | road authority of any district in which t,hc tramway is laid clowli may from time to time makr regulations as to tlic following matters- |
The rate of speed to be observed in travelling upon the tramway:
The distances at which carriages using t h ~ tramway shall bc
allowed to follow one after tllc other:
The stopping of carriages using the tram~vay | : |
To limit the number of passengers to bc carriod in each carriage:
The traffic on the road in which tho tramway is laid: |
The use of distiuguielling marks or colors on carriages.
Promoters may
make
certain regulations. | The promoters of any tramway may from time to time make |
regulations-
For preventing the ct?mn~ission of any nuisance in or upon any
carriage, or in or against any premises bclonging to them:
FOY | regulating the travelling in or upon any carriage belonging |
to them. |
And for better enforcing the observance of all or any of such rcgu- lations, it shall be lawful for such road anthority and pu0rnotel.s re- spectively to inakc by-laws for- a11 or ally of the aforcs~tirt purposcs, and from time to
h i t: 1.epeal or dtcr such Ily-laws and nlalic new by-laws, provided that such k~y-laws l)(: not ~epugnant to~ N T V or to the special Act, and such by-laws shall have no force or effectuntil
47" &' 48' VICTORIAZ, No. 309 |
______-- | - | _ | _ I _ _ _ _ - | _ | _- | -_ | - | - - | - |
.. |
-p- | - |
til they sl~nll | have been confirmed by the Governor and notices | . | . | - -- | 11. | - - |
of such co~lfirmittion slmll h a w bcen published in the
Goverrrmcnt
Gazette :No such by-laws shall
IK submittecl to the Cowrnor to be con-firmed until after they haw bwn published for four consccutivc
t Gucettt., ancl have been laid bef orc l'arlin-
~veeks | in the |
ment for fourteen clays.
pCIZBltiCS | fO1+ Penalties may be im- |
posed in by-laws.off'ences against the sarncx not exceeding Forty Shill inns for cach <, offence, with or without further prnalti& for continuing offences, not excectling for any continuing offenct. Ten Shillings for cvcry (lay during which the oEcnce continues; but all by-laws shall bc so framed in every case as to allow of part only of the mnsitnum being ordered to be paid.
Promotws niny sum.
If the infraction or non-ol)sr~rvance of such by-laws bc at- ,,,, | ,, |
tended with clanger or aimopnncc to the public, or liindrnncc to tlic certain cast.8.
uromotem in the lawful use of | the tramways, i t sllall be l a~v f i~ l | for |
the 1)rornoters summarily to intcrfel-e to obviatc or remove such (kinger, annoyance, or hindrance, and that without prejutlicc to the penalty incurred by the offenclttr.
Goveinor map dis-
,,,.-,, ,.,, |
the promoters his disallowance of ally by-laws then in forcc, and illc time at which the same shall cease to l)c in for cc; and no by-laws w11ic:ll shall be so clisallo~vcd shall have :my force or c~fkct aftcr the time fixed by thc noticc of suclz disnllowrancc, saving ill so f'i~r as any penalty may ham bccn then already incurrecl under the same: Prtnrided that a copy of sucli notice slisll be pul,lished in thc
Gouerw- went Gazette, and the time of disallowance fixed by sucll notice shall not bc carlier than fonrtcen days after the date of the first publicatiori of such notice.
42. The proclnction of |
porting to contain a copy of any by-lams of thc promoters, or of t l ~ c
road authority, and the confirm;~tion thereof by tlto Gover~ior, or a.
notice of thc disallowance b y thc Governor of any by-laws of thc
promoters, ur the road authority, slid1 in all cases and for all pur-
poses be deemed to be conclusive eviclence that snch by-laws lmvc
been dully made and confirrncd or disallowed, in manner t l ~ ~ i n
appeuing.
slid Power to load autho- | rity to license drivere, |
enforcing rules and regulations and of | granting licenccs with rcspcct | C O ~ ~ U C ~ O ~ S, |
to all carriages using the tramways, and to all drivels, conductors, and other persons having chnree of or using tlle same, and t u thc standings for the same: Provided that with regard to m y fees payable for or in respect of such licences thc agrerment Isct~vecii
the road authority and the prornotcrs may providc for t h payment of a, comrnuted sum by the promoters to the road authority in lieu of
such
18 | 47' cO 48" VICTORIW, No. | -- |
The Gew eral Tranzways Act.-1884.
-. | - --p- | .p-- |
such fees, a r d in that case all such licence fees shall in accordance with such agreement be payablc to tllc p~omoters: Proviciecl that no licence fce dlargcd in respect of m y carriage sh:~ll exceed One Guinea per :mnixm, or in respect of any driver, conductor, | ||
such person aforcsaicid Five Shillings per annuill, and such licence fee shall be divided equally between thc road autllorities. |
security from trca- | 44. Thc promoters, if a co~l~orittiou. | urior to cnpagiilg any |
treasurer, adlector, recciwr, or other oficer io bbc cutmste(1 with the colledion or custody of any moneys ill coniicctiol~ with or for the use of thc t~a~l l \ \ r i ly~ by thc Spwial | ||||
|
Accounts to be kept. | 45. | The i~romotcrs, | if a corporation, shall cnust: to be k e l ~ t |
full and accurait: ncxmnts OS a11 rnoncys rccrivcd and espwded under the l)rovisions of the special Act, and shall cause sucqh accounts
to be balanced oncc at lcast in cvcry year.
Accounts to be | 46, The ponioters, if a corporation, shall, once at least in |
audited. |
cvcry
ytw, cause such accounts to bc submittccl to an auditor or auditors, to be nppointecl by the mcnlbcm ul' thr curporatioil; 2nd such auditor or anditoss shi~ll, for t l x ~lrnpose of assisting him orthem ill thc preparation of a full, true, uacl in i lmt id rcport, be snp-
plicd by tlic directors of thc co1por:~tion with a11 boolrs, ar:counts, memoranda, ancl vouchcm Telatiag in mywise to the i~fhiss of the promoters.
~ r m u n e r a t i o r ~ | of |
auditors. | 47, The rimuncratioii of such auditor or auditors shd l be fixed by the promoters at thc time of his or thcir a~qminlinent, | aiid shall |
I,c l q a b l e out of tlic funds of' thc promoters. |
Abstract of account | 48. | once in c m ~ y |
to he annually | year a t the lcnsl, cwsc to bc prclmi.cd an account in nl,str;~ct of | the |
trnnsnlittetl |
missionera of | Audit. | total aino~ult | rcaliscd by tlip s d | f'cw, tulls, | c l l o r p, owl other pay- |
ments hcwhy anthorised to be maclc, and also of all o~~tgoings,clel)ts,
~ S ~ C I I S ~ S, | and lialdi tics incurrcd by or on bcllnlf of the promoters |
for thc p t | J. P ~ ~ I ', | 111ider the serwal ancl distinct lrcads uf receipts a i d |
cxp~lldi.tun.c~, | together with a statcmcnt of the baltuw of the account, |
didy audited? m l k h stnte:nent | shall he signed ;md certified by such |
;mclitor or auditors and by the c.ll;lirmcln of | the directors of the coa- |
poration; ; I I - I ~ the promotcrs shnll cwisc to bc tralismittcd one cop)-
of buclri account,
fwc? of charge, to the Clo:mnissioners of Audit oft l ~: said province, on or before the thirty-first day of January in
every ]-car.
Penalty. | 49. | snch account |
a t the tirnn hereinbcfun: | providccl, they shall forfeit ancl pay |
OX
or p 1 ~ 1 t y | of 're11 Sliillir~gs | f o ~ | overy day rlnring which | the | said |
;tcco~ult | is withhc-ld from the said Commissioners. |
or other perctlntage 1)rpoait to |
of tht: estirnatt3 in n q m t of thc tmmmny authorised by tlie | impounded as s c r w i t y |
snccinl Act, has been dcl)osited in the Trcasury of the said nro- line.
4 7 O | NO. |
884. |
and in making good all damage ransed to such roads by the con- struction or a,I)andonment of such tranway, ancl shall bc distributed as such compensation as aforesaid in such manner and in such pro- portions as to the Supreme Court o r m y Judge thereof may seem fit, and if 110 such compensation shall bc payable, or i f s portion of the said sum of money shall have been found sufficient to satisfy all just claims in respect of such compensation, then the said sum of money, or such portion thereof as may not be required as aforesaid, shall be forfeited to Her Majesty, and accordingly he paid or trans- ferred to and form part of .the revenue of the province in such manner us such Court or Jndge thinks fit to order on application of tlic Attorney-General, or, in the discretion of the Court, if the promoters being
a corporation are insolvent and an orcler has been made to wind up such corpomtion, or a receiver has bccn appointed, s l d l who11 y or in part bc paid or transferred to such rcceiver or to the liquiclator or liquidators, or to thc corporn tion, or be otherwise applicd as part of the:IRSOCS of the coiyomtion for the bcncfit of the creditors thereof.
Compelling payment |
of subscriptions, | members of such corporation, in 1.csycct of m y subscription or share madc or issued towards carrying such work into cxecution shall be recoverable by thc prnmotcus by action against the mcriibcr from whom such moneys are due. |
Restrictions as to | 54, The promoters, if a corporation, shall not haw power to raise |
mortgage. | by loiin or mortgage any sum or sums of money cscctding me-third | ||
part of the capital of the promotcrs, nor shd1 it bc lawful for the corporatian, or any person or persons acting on their behalf, to raise any sum or sums of n~oncy whatsoever, whether on loan or moi.tgage, unless and until an amount equal to one-hdf of the capital of the corporation shall haw beon fully paid up by the me~nbers thereof. | |||
to pay dividend till | |||
Suspension of power |
| ||
completion of tram- | |||
for pnhlic traffic, and the special Act authorises a new line to he constructed. or the time fojr completing, or time already authorised to be extended, the promoters shall pay no dividend on their or&- | |||
nary or nngnaranteed capital beyond any period allowed fbr that | |||
purpose in the special Act until the completion of the new linc, or | |||
the line already anthorised, as the case may be. | |||
Restriction of pro- | |||
moters from birlding | |||
themselves to pay | divided into shares, and have obtained an Act of Parliament |
intorcst on additional | for |
cqi ta l and rent or |
d i v i d d s to another | them, csccpt for the purpose of construt:ting such line, to bind thcm- |
company. | selves to pay interest on any shares xhich they may issuc for the purpose of creating additional capital, or to guarantee m y rent or dividend to any other railway or tramway company until the pro- moters shall hake completed and opened for tritffic the linc which they are so authorised to construct. |
57, Whcre
47" 61 48" VICTOKIE, No. | - - |
--
l'hc General Tramways Act.-1884.
to raise capital for the purposcs of any cxisting Trnmmq Act, i t Deposits not to be shall not be lan7ful for them to pay out of such capital any deposits paid out of "pital. required by any Standing Order of either House of Parliament to be
lnade for the i;urpose of any application to Parliament for a Bill for
the construction of another tramway.
interest or |
dividend to
bc paid
diridcd into shares, and have becn authorised by Act of Parliament out.f
to raise capital either by mcans of calls on such shares or by any
power of bo~-rowing, Lhc promoters shall not pay out of such capital
any interest or dividend in respect of calls.
tion of promoters In |
aot11urit)r of m y promoters in the lawful exercise of | their powers in laying |
setting out or m a l h g, forming, laying down, repairing, or renew- ing
any | ~ ~ r u p c r t ~. | of any poino tcrs or liccnsecs, he s l d l for every |
such offence be lirthlc to a penalty not cscecding Five Younds.
If m y 13cfi011 without lawful excuse (the proof whereof shall Penaltics for wilful | injury or destr~iction |
lie on him) wilfully does any of the following things, namely- | to tramways, |
Interferes with, removes, or altcrs any part of ;1 tmmmay or of the
works connected t,hercwith:
I'1:tces | or throws m y stones, dirt, wood, refuse, or other material |
on any part of a tramway:
Does, or causes to bc clone, anything in such manner as to obstruct any carriage using a tramway, or to cildnilgcr the lives of persons therein or thereon; or
Knowingly aids or assists in the doing of any such thing- |
he shall, for every such offencc, be liable (in addition to any pro- cecdings by way of indictment or otherwise to which ht: may be subject) to a penalty not exceeding F'ivc Pounds.
m y person travelling or having travelled in any carriage practising | Penalty | on frauds | passengers | on |
on any tramway, a\-oids, or nttcmpts to avoid, pq lnen t of his farc, or a,
if anv person having paid his Sax for a, certain distance knowingly
and &lfully proceeds in any such carriage beyond such distance
and does not pay the additional f'arc for the additional clistimcc, or a t t~inpts to avoid lmym ent thereof, or if any person lmomingly and wilfully refuses or neglects on arriving at the point to which hc has paid his farc to quit such carriage, cvcry such person shall for every such offcnce be liable to a penalty not exceeding Forty Shillings.
62. I t shall be lawful for any officer or servant of the promoters Transient offenders.
of
47' & 48" VICTOKTW, NO. | - - | -. .. --- |
The General Ilkarmcuys Act.-1884.
of any tramway, and all persons callcd by him to his assistance, to seize and detain anv Dcrsoii discovered either in or after com- |
YART | PART | 111. |
MISCELLANEOUS.
Penalty for bringing
dangerous goods on |
the tramway. | carried, on any tramway any goods which may be of |
OneHunbedPounds. | cceding One Hundred Pouiliis f i r C V ~ V such offcncc; and it shall be lawhl for such promoters or lessees'to retusr to takc any pawcl that they may suspcct to contniii goods of |
Penalty for persons | m y person (except undcr a lease fi.oni or by agreement |
tramways |
with carriages with
flange wheels, | with the promoters, or under licence as by this Act provided). uses | |
| ||
or other wheels suifnhle oiily to rnn on thc 1xil of such tramway, ? | ||
such person shall for ercry such offcncc bc liable to exceeding Twenty Ponnds, | ||
Right of the public | ||
to uso tramways. | ||
| ||
for the carriage of goocls thereon. | ||
Promoters or lessees |
to be rcvpoasible for |
all damages. | and injuries I.iappening through t h i r act |
Recovery of tolls, | |
penalties, &c. |
68. Notwithstanding
47' |
-- | - | -- |
T h e General Tramways Act.--1884. -pp- p-
moters of | any tramway shall not acquirc, or bc deemed to acquire, Right of uaer only. ' |
ally right other tliau that of user of any road along or across which
they lay any tramway.
of owners, |
any owner, lessee, or occupier of any mines or minurals lying under
or adjacent to any road along or across which any tramway shall be
laic1 to work such mines and minvrals; nor shall any such owncr,
lesscc, or occupier be liable to make good, or pay compensation for,
any dainagc which may bc occasioned to such tramway by the
working in the nsual and ordinary course of such mines aadinincrals.
road authorities to |
which any road authority, or other authority, or the owners, widen, g-a,, mads.
undcrtakcrs, or lessees, of any railway or tramway inay have by law
to widen, alter, divert, or improve, any road, railway, or tramway.
this Act shall limit the powers of | the road | or |
police i~uthorities | to |
authority or police iu any district to rcgulatc the passage of | repulatetrafic on |
traffic along or across any r o d along or across wliich any tramways
arc laid down, and such authority or police may exercise their
pun-crs as well on as off the tramway, and with rcspcct as wcll to
the traffic of the promoters as to the traffic of other persons.
72, | Nothing in this Act, or in any b y - l a ~ | madc undcs this *Act, Resewation of light |
shdl take away or abridge the right of | the public to pass along or |
across every or any part of any road along or across which any tramway is laid? rvlictlicr on or off tlic tr&mway, with cnrriagcs hilving wheels not being flange wheels, or not being wheels suitable only to run on thc rail of the tramway,
before referee |
is empowered to make or direct, shall be made in accordance with |
thc following provisions- | Governor. |
(I.) Thc inquiry shall bc held in public bcfoi+c some o6cer to bc
appointed in thnt behalf by the Governor, hereinafter called thc referee, and whose appointment shall be by writing, which shall specify all thc matters referrcd to liim:
(2.) Ten days' noticc at the least shall be given by thc rcfcree to thc partics upon whose representation the Governor shall have directed the inquiry, of the timc and placc at which the iqu i ry is to be commenced:
(3.) The inquiry sllall be co~nmenced at the timc and placc so appointed, and the rcferee may adjourn the inquiry from tiinc to timc, as may bc ncccsssry, to such time and place as lie may think fit:
(4.) Tlie referee shall by summons, on the application of | m y party |
47' & 48" VICTORIE, NO.
309.
The General T~amways Act.-1884. party interested in the inquiry, require the nttcndancc before l~irnsclf, at a place and time to be nicntioned in thc summons, of any person to he esamincd as
iL witness before him, and every person summoncd sl~all xttei~rl thc reicrcc arid answer all &wtions touching the matter to be inquired into; a i d any person .who wilfully disobeys any such summons, or lefusrls to answer any question put to him by such referee iur the purposes of the saitl inquiry, shall be linblc to a penalty not exceeding Fivc pounds: I'ro~7idecl a1v~:iys that no person shall be required to attend in obcclicnce to any such summons unless the rcasonablc charges of his nttcnd- itncc shall have hcen paicl or tcnderccl to him, and noperson shall he required ill m y case, in obcdicnce to m y
such summons, to travel more th:m tcn miles from his placc
of abode:
( 5. ) The referee may ancl shall administerm oath, or a11 afinna-tion where an affirmation in lieu of an oath would be
adn~ittcd in a court of justice, to any pmson trntlerccl or
s~xmmonerl | as | on thc inquiry: |
(6.) Any person who, npon oath or affirmation, wilfully gives false cvidcnce before thc referee shall be decniccl guilty of perjury:
('7.) Thc referee sllall make his ycport to the Gov~mor | in |
writing, and shR.11 deliver copics of the rrport. upon
request, to all or any of the pslrties to the ilzqnirv:
(8.) Thc refcrce shall have pomcr to direct by a i d to whom thc
costs, or any part of tlic costs, of t l i ~ | inquiry shall be paicl, |
and he shall also fix the amount thereof:
(9.) The referee shdl for all pnrposcs be det.mtd to irr an arbi-
trator, and his appintmcnt shall IN rlccincd to be x sub-
mission to arllitrntion
between thc partics to the inquiry
in respect of thc mattcm thereby rcfcrrtd to him, and his |
report shall be dwmrcl to be, a& shall haw thr cffkt of, |
and bc dealt with as, an award made upon such sulmissio~z, |
and c v c q such submission on the application of m y party- intcrcstcd in the inquiry Inay be macic a rulc of the Superne Court. |
promoters shall be in writing or print,, or partly in writing or partly | |
in print, and shall be signed by the promoters, strcct authority, or | |
persons giving the same, or by their secretary or clerk; a i d such | |
notice shall be deemed to have been duly given if left at the principal | |
office of the promoters, street authority, or persons to 1~11o:n the same shall be intended to be g i~en, or if posted in a registered letter, prepaid, adclrcssed i n such promoters, strcct authority, or persons, or | |
their secretary or clerk, at their principal ofice: Provided that if | |
such notice shall be posted as aforesaid, tlzc same shall bc c2ccrned to |
have
47' & 48" VICTORIrE, No. |
.-p | -. | - |
7
The General T~amumys Act.-1884.
- | - - - ---L- |
haw been given a t the last moment of the day on which the same | |
ought to be dclivcrcd at such principal office in the ordinary course of post. |
75. | Every secretary, accountant, officer, clerk, or servant of t t a Promotm ' officers | liable to be proceeded |
proruoters, notwitllstandiug he may hare a joint intcmst in the against crimilwlly.
property of the promoters. shall bc liablc to be proceeded against
criminally for any offence comruitted by him in respect of the pro-
perty of the promoters in like manner and in all respects as if hc
had no such interest.
takenunder Ordinance |
omission, default, offeace. or act to wllicb any penalty is a tkd l ed, | B of |
where no othcr morlc of' p~ocecding | is b\- this Act provided, may be |
had and taken b(4orc | h x r d | determined in a suininnry |
way by any S1)ccial 3Iagistratc or two Justiccs of the Pet~cac, | under |
thc provisioiis of an Ordinaucbc of tllc G o ~ w n o r | a n d | Leqisltltivc |
Cowlcil, No. 6 of l b 5 0, intitulcd " A11 Oldii~ance | to fiditiktc the |
performaner of tlrc i h t i c s of' Justiccs of thc Peace out of Scssions
with rcspcct to Summary ('on\-ictions and Ordcrs," or of any Act
nonr ill forcc or 1lcrt:rtftcr to lw in Tom> relating to the duties of' Susticcs of the Peacr with respect to summary conr-ictions a i d orclcrs, ancl all convictions and orrlcrs made by such biagistri~tc or Justices inay be eid'orced as ill thcl saitl Ortlinancc or in any other
Act as afo~esaid | is or shall bc pro~idecl, |
77, 111 e\ ery csw of the adjudiwtion of a fine or pecuniary Justice may commit
penalty under this Act, and of tb6 non-piiymcnt | thercof, any Justice | of pnymmt. |
of the Pcacc inay commit the ofici1dcr or
~ C I ' S O ~ illakiiig ticfi~ult in payment to any gaol in the saicl province for ally time not exceed- ing thrcc calenclsr months; the imprisonment to cease on pay~neirto f the sum duc ;md thr costs of surll proceedings
;IS llliLy Imvc~ C C U taken for thc rvcoverv tlicrcmf; lmt this section sliall not affect ally
remedy undcr thc &d | Ordii~ancc No. |
78, There shall be ail appeal to the Local Court of Adelaide of Appwl niay br h:~a |
Local Court
of Atle-
Full Court of Adelaide aforesaid shall have power to nialre such order as to the payment of the costs of thrt appeal as i t shall think fit, although such costs may exceed Ten Pounds.Full Jurisdiction only fiom every conviction by any Special hfagis- laide, J,,,;,cIi,.-
trate or Justicrls for any oEemc against this Act, and from rvery t i ~ n.
order clismissing any information or complaint, or from any other
ordcr made by such hlagistmtc or Justiccs under this Act, and
thc proceedings 011 such appeal shd l be conducted in manner ap- proceedingson
pointed by the saicl Ordinance, No. 6, of 1850, for appeals to Local
Act, from time to time, make and, whcn made, may rescind, annul, |
or add to, rules wit11 respect to m y other inatter or t'riirlg i n respect of which it may be expedient to make rules for the purpose of
47u & 48' VICTORIAZ, No.
309.
The General Tramways Act.-1884.
carrying this Act into execution; and any rules made in pursuance of this section, and published in the | ||
shall appear shall be evidence |
In
the name and on behalf of Her Majesty, I hereby assent tothis Bill.
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