Gladstone and Jamestown Railway Act 1876 (SA)

ANNO TRICESIMO NON0 ET QUADRAGESIMO

No. 28.

An Act to provide for thc bformntion o f a Line of' ~ n h m y from

Gladstone to James Town.

[Assentctl to, 27th July, 1876.1

THEREAS it is expedient to providc for the construction of a preamble.

8 whereas plans of the proposed Itailway, showing the line thereof, Line of Railway f i ~ r n Gladstone to James Town: And.

together with the book of reference thereto, have been duly prepared and deposited in the offices of the Surveyor-General, at Adelaide, stnd signed " H. C. MsL~.s, Engineer-in-Chief "-Be it there- fore &acted by thc Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:

Commissioner," may make and maintain a Line of Railway from Gladstone to James Town; together with a11 proper works and convenienccs connected therewith, as the same is delineated in the said plans so deposited at the offices of the Surveyor-Gmcrd at Adelaide as aforesaid, or as may be delineated in any plans which may

1. " The Lands Clauses Consolidation Act," and an Act, No. 26 Incor~oration~

of 1855-6, to amend " The Lands Clauses Consolidation Act," and "The Railways Clauses Consolidation Act,'' and an Act, No. 6 of 1858, to amend " The Railways Clauses Consolidation Act," so far as the same are severally applicable to this Act, shall be incorporated therewith, and the said Acts shall be read and construed together.

accordingly.

make

2. The Commissioner of Railways, hereinafter called The said W ay.

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The Gladstone and Jumes Town Railway Act.-1876.

may hereafter be so deposited, pursuant to any law for the time

being in force respecting such deposit of the said plans.

Bate of speed.	3. Trains carrying goods, or goods and passengers, shall not travel at a greater rate of speed than fiftccn miles an hour; and trains carrying passengers only shall not travel at a greater rate of speed than twenty milcs an hour.
Gauge.	4. The gauge of the said Railway shall be three fect six inches, and the rails to be used in the construction thereof shall be of iron, and of the weight of not less than forty pounds to the yard.

Powere of CommL- 5. The said Commissioner may demand any tolls for the use of

sioner. the said Railway, not exceeding the following, that is to say--

I. In respect of the tonnage of all articles conveyed upon the said Railway, or any part thereof not in this Act otherwise par- ticularly specified, the rate of Ninepence per ton per mile:

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

per tan per mile:

For cvery description of carriage, not being a carriage adapted and used for travelling on a Railway, and not weighing more than one ton, carried cr conveyed on a truck or platform, One Shilling and Threepencc per mile; and for any ton or fractional part of a ton beyond one ton which any carriage may weigh, Eightpence per mile.

Tolls for passengers 11. In respect of passengers and animals conveyed upon the

md oattle.

said Railway in. carriages, whether belonging to the said

Cornmissioncr cr otherwise, as follows-

For every person conveyed in or upon any such carriage, being

a first-class carriage, or compartment of a carriage, Pourpence

per mile:

For every pmson conveyed in a second-class carriage or com-

partment, Threepence per mile:

For every horse, mule, ass, or other beast of draught or burden conveyed upon the said Rdway, Sixpence per mile; and for every ox, cow, bull, or ncat cattle so conveyed, Twopence per mile:

For every calf, sheep, lamb, pig, n r other small auimal con-

veyed in or upon the said Railway, Onc Halfpenny per mile:

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.

Tolls t o include uee 6. In the saida tolls shall be includcd the toll for the use of

of motive power. the carriages, and of the engines or other means used for propel- ling the carriages on the said Xailway, and no further charge than is heretofore stated shall be made therefor: Provided that nothing herein contained shall be construed to prevent i n extra charge being made for the use of engines and carriages for special

and

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The Gladstone and James Town Railzcay Act.-1 876.

and express trains: Provided J s o that nothing herein contained shall preclude private individuals fiom contracting with the said Commissioner for permission to use their own trucks or carriages upon the said Railway.

7. In addition to the prescribed tolls for the conveyance of Redat ions to tolls.

articles, the said Commissioner may cliarge a reasonable sum for loading and unloaditig: Provided always, that the owners of goods shall be at liberty to employ their own scrvfints for loadirlg and unloading, subject to the regulations in force for the time being for the working of the said Railway.

8. The weight of all articles, except stone and timber, shall ?eighthow mmed.

be determined according to the usual avoirdupois weight; with respect to stone and timber, fourteen cubic feet of stone, and forty cubic feet of hard wood, and fifty cubic feet of other timber shall be deemed one ton weight, and so on in proportion for any smalkr quantity: Provided that any less quantity than half a ton may be charged as half a ton.

9. Notwithstanding the rate of tolls hereinbefbre prescribed, the TOUS for:mparnte

said Commissioner may lawfully demand the tolls following, for small packages and single articles of no great weight, that is to say-

For the carriage of any parcel not exceeding twentv-eight pounds in weight, not exceeding One Permy p& mile each:

For any parcel not exceeding fifty-six pounds in weight, not exceeding Three Halfpencc per mile each:

For any parcel not exceeding one hundred and twelve pounds in weight, not exceedisg Twopence per nlile each; and not exceeding One Penny per mile each for every addi- tional fifty-six pounds in weight:

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

Provided that articles sent in large aggregate quantities, although made up of several 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 packages.

10. In all cases where any article, matter, or thing, not being n Fixed s u m per ton for

small package, shall be carried or conveyed along the said Railway	dltacesw
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 sum to be paid in respect to the carriage thereof shall be Three Shillings per ton.

11. Owners

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The GZadstone cllnd James Town Ruilzvay Act.-1876.

Goode, when to be

removed.	11. Owners or consignees of articles shall remove the same from the station or terminus of their destination on the said RaiL way within twelve working hours after their arrival there, unless such arrival shall be between the hours of four in the evening and sewn in the morning, and in that case cvery such removal shall be made within six hours after such hour in the morning, and in default of such removal &all be liable to demurrage at and after the rate of Two Shillings and Sixpence per ton; and further, if not removed after the expiration of twenty-four hours at and after the rate of One Shilling per ton for every 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 tlic end of one week aftcr their 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.
Pmengers' lugwe*	12+ Every passenger travelling upon the said Railway may take with him his ordinary luggage, not exceeding one hundred pounds in weight for first-class passengers, nnd sixty pounds in weight for other passengers, without any charge being made for carriage thereof.
Appropriation of
tab, &C.	13. All tolls, rents, dues, chargcs, and sums of money, which may at anv time be received and. levied under authority hereof, and all rentswto arise from any lea= of the said Railway, shd l be, from time to time, in such manner 0s the Governor may 'prescribe, paid to the Treasurer for the public purposes of the said Province.
Annual abstract of
accounts to be	14. The said Commissioner shall, on or before the first day of August in every yew, prepare an annual account in abstract of the total receipts and expenditure under authority hereof for the Itailway by this Act authorized to be constrwted, from what source soever
published.
the thirtieth day of Junc, under the se~era l distinct heads of receipt the same may b~ derived, for and during the preceding year ending and expenditure, with a statement of the balance of the same account duly audited and certified by the 'l'reasurer, and also by the Auditor-Gcncral, and a copy of such account shall be published in the Government Gazette.
Exemption from
ratee.	15. The Railway by this Act authorized to he constructed, shall be, and is hereby declared to be, exempt from all rates and taxes whatsoever, whether local or general.

I n the name and on behalf of Her Majesty, I hereby

assent to this Bill.

A. MUSGR AVE, Governor.

Adelaide: By authoiity, W. C. Cox, Government Printer, North-terrace.