Hallet and Terowie Railway Act 1878 (SA)

ANNO QUADRAGESIMO PRIM0 ET QUADRAGESIMO

SECUNDO

VICTORIB REGINB.

A. D. 1878.

No. 97.

An Act to provide for the fo~mation of n Line of Railway from

Hdbtt to near Terowie.

[Assented to 22nd dctober, 1878.1

HEREAS i t is expedient to provide for the constmction of a Line of Railway fnm Hallrtt to near Terowie: And, whereas plans of the proposed Itailway, showi~ig the line thereof, together with the book of reference thereto have been duly prepared and deposited in the offices of the Surveyor-General. at Adelaide, and signed 11. C. J'lais, Engineer-in-Chief "-Be i t therefore Enacted by the Governor of the Province of South Australia, with the advic; and conserlt of the Legislative Courlcil and House of Assembly of the said province, in tl& present Parliament assembled, as follows: Preamble.

1. c c The Lands Clauses Consolidation Act," and an Act, No. 26

of 1855-6, to amend " The Lands Clauses Consolidation Act," and

'I'he Railways Clauses Consolidittion Act," and an Act, No E of

1858, to amend ("The Railways Clauses Co~lsolidation Act," so far

as the same are severally applicable to this Act, shall be incor-

porated therewith, and the said Acts shall be read and construed

together accordingly.

2. The Commissioner of Eailways, hereinafter called '' The said Commissioner," may make and maintain a Line of Hailway, from	Power t o make Rail-
way.
Hallett to near Terowie, together with all proper works and con- veniences cormected therewith, as the same is delineated in the said plans so deposited at the offices of the Surveyor-General, at

97 Adelaide,

41' & 42" VTCTOMB, No. 97.

Hallett to Terowk Railway Act.-1878.

-

Adelaide, as aforesaid, or as may be delineated in any plans which may hereafter be so deposited, pursuant to any law for the time being in force respecting such deposit of the said plans.

#

Gauge.	3. The gauge of the said Railway shall be five feet three inches, and the rails to be used in the construction thereof shall be of steel, and of the weight of not less than fifty pounds to the yard,
P O W ~
moner.

of Commis- 4. The said Commissioner may demand any tolls for the use of 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 Shilling

per ton per mile:

For every description of carriage, not being a carriage adapted

and used for travelling on a Xailvny, and not wcighing more than one ton, carried or conveycd on s truck or platform, One Shilling and Threepence per mile; and for any ton or fractional part of a tsn beyond one tan which any carriage may weigh, Eightpence per mile.

~ 0 for passengers ~ s

md cattle. 11. In respect of passengers an6 animals conveycd upon the said Railway in carriages, wh&er belonging to the said Com-

missioner or otherwise, zs follows--

For every person conveyed in or upon any such carriage, being a first-class carriage, or compartment of a carriage, Fourpence per mile:

For every person conveycd in a second-clctss carringe or corn partment, Threepence per mile:

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

For every calf, sheep, lamb, pig, or other small aninlal con- veyed in or upon the said Railway, One Halfpenny per mile:

Provided always, that for every fraction of a rnilc a full mile may

be charged, and that for any shorter distance than three miles, three

miles may be charged.

TOUS to include use 5. In the said tolls shall be included the toll for the use of

of motive power.

the carriages, arLd of the engines or other means used for propel-

ling the carriages on the said Railmy, and no further charge '

than is heretofore stated shall be made therefor: Provided that

nothing herein contained shall be construed to prevent an extra

charge being made for the use of engines and carriages for spccial and

express

41" & 42' VICTORIB, No. 97.

HalZeM to Tcrowie Ra.iZu*ny Act. -1878.

express trains: Provided also that nothing herein contained shall precludc private individuals from contracting with the said Com- missioner for permission to use their own trucks or carriages upon the said Railway.

6. In addition to the prescribcd tolls for the conveyance of articles, the said Commissioner may charge a reasonable sum for loading and unloading: Provided always that the owners of goods shall be at liberty to cmploy their own servants for loading and unloading, subject to the regulations in force for the time being for the working the said Railway.

be determined according to the usual avoirdupois weight; with mmed. 7. The weight of all articles, except stone and timber, shall Weight-how deter-

respect to stone and timber, fourteen cubic feet of stone, and forty cubic feet of hard wood, and fifty cubic Eect of other timber, shall be deemed one toil weight, and so on in proportion for any smaller quantity: Provided that any less quantity than half ,z ton may be charged as half a ton.

said Commissioner may la,wfully demand the tolls following, for parcels. 8. Notwithstanding the rate of tolls hereinbefore prescribed, the Tolls for rtepnrate

small packages and single articles of no great weight, that is to

say-

For the carriage of any parcel not exceeding twenty-eight po~mds in weight? not exceeding One Penny pcr mile each:

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

exceeding Three Halfpence per mile each:

For any parcel not exceeding one hundred and twelve pounds	in weight, not exceeding 'l'wopence per mile each; and	not exceeding Onc Pcnny 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 piecc of timber or stone, or other single article, the weight of which sinall exceed four tons, the said Commissioner shall demand such sum as he shall think fit:

Provided 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 packages.

9. In all cases where any article, matter, or thing, not being a Yixedaumperbonfor

small package, shall be carried or conveyed along the mid Railway short distances.

for so short a distance that the sum of

money authorised by this Act

t 0

41' & 42' VICTORIX, No. 97. P

Mallett to Terowie Railway A c t. 4 878.

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 thercof shall be Three Shillings per ton.

Goads, when to be

10. Owners or consignees of mticles shall remove the same from within twelve working 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 be made within six hours after such hour in the morning, and in default of such removal shall be liable to demurrage at and after the rate of Two Shillings and Sixpence per ton; and 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 the end of one week after 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.

removed.

the station or terminus of their destination on the said Xtailway

Pulenge1y9	luggage.	11. 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, and sixty pounds in weight for
other passengers, without any charge being made for carriage thereof,

Appropriation of	12. All tolls, rents dues, cbmrges, and sums of money, which may at any time be rcceired and h i e d under authority hereof, and all rents to arise from any lease of the said Railway, shall be, from time to time, in such manner as the Governor may prescribe, paid to the Treasurer for the public prposca of the said province.
tolls, &C.
Annual abstract of	13. The said Commissioner shall, on or before thc first day of August in every year, prepare m annual account in abstract of

account B to be	the
.published.

total receipts and cxgenditure under authority hereof for the Railway by this Act authorised to be constructed, from what source soever the same may be derived, for and during the preceding year ending the thirtieth day of June, under the several clibtinct heads of xeceipt 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 ac~ount shall be published in the Government Gazette.

Exemption from 14. The Railway by this Act authorised to be constructed, shall

ratea.

be, and is hereby declared to be, exempt from all rates and taxes

whatsoever, whether local or general,

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

WM. F. DRUMMOND JERVOIS, Governor.

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Adelaide : By authority, E. BPILLER, Acting Government Printer, North-terrace.