Hergott Springs and Primrose Railway Act 1883 (SA)

ANNO QUA4DltAGES1MO SEXTO ET QUADRAGESIMO

SEPTIMO

A. D. 1883.

No. 281.

An Act to provide for the formation of a Line of Railway

from Hergott Springs to Primrose Springs.

[Assented to, Sejtenzber d t h, 1883.1

HEREAS it is expedient to provide for the construction of it Preamble.

W Line of Railway from Hergott Springs to Primrose Springs:

And whereas plans of <he proposed railway, showing the line thereof,

together with the book of reference thereto, have been duly prepared and deposited in the offices of the Surveyor-Ucncral, at Adelaide, and signed R. C. Patterson, Deputy Engineer-in-Chief "-Be it therefore ,Enacted by the Governor of the Province of South Aus- tralia, 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 Hergott Springs to Primrose Springs, together with all proper works and conveniences connected therewith, as the same is delineated in

l, '' The Lands Clauses Consolidation Act," and an Act, No. 'L6 Incorporation.

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," and all

other Acts passed or hereafter to be passed amending the said Rail-

ways Clauses Consolidation Act or Lands Clauses Consolidation Acts, so far as the same are severally applicable to this Act, shall be incorporated therewith, and the said Acts shall be read and con- strued together accordingly.

2, The Commissioner of Railways, hereinafter called the said Power to railway.

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Hergott 8prings and Primrose Springs Railway Act.--1888.

in the said plans so deposited at the offices of the Surveyor- General, at 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 three feet six inches,

and the rails to be used in the construction thereof shall be of steel,

and of the weight of not less than fifty-one pounds to the yard.

Powers of

Cornmismoner. 4. The said Commissioner may demand any tolls for the use of

the said railway, not exceeding the following, that is to say-

Tolls. 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 rsilway. and not wcighing more than one ton, carried or conveyed on a truck or platform, One Shilling and Threepence per mile; and for any $on or fractional part of a ton beyond one ton which any carriage may weigh, Eightpence per mile:

Toll6 for WWF

and cattle. 11. In respect of passengers and animals conveyed upon the said railway in carriages, whether belonging to the said Com- missioner or otherwise, as 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 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 railway, Sixpence per mile; and for

every ox, cow, bull, or neat cattle so conveyed, 'l'wopence per

mile:

For every calf, sheep, lamb, ,pig, or other small animal, con- veyed in or upon the said railway, One 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 to iaclude use

of motive power. 5. In the said tolls shall be included the toll for the use of the carriages, and of the engines or other means used for propel- ling the carriages on the said railway, 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

46" & 47" VICTORIE, No. 281.

Hergott Springs and Primrose Springs Hailway -4ct.-1883.

charge being made fbr the use of engines and carriages for special and express trains: Provided also that nothing herein contained shall preclude private individuals from contracting with the said Com- missioner for permission to use their own trucks or carriages upon the said railway.

6. I n addition to the prescribed tolls for the conveyance of Regu1at;onsnstotoils.

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 employ their own servants for loading and unloading, subject to the regulations in force for the time being for the working of the said railway.

7. The weight of all articles, except stone and timber, shall be Weight, how deter-

determined according to the usual avoirdupois weight; with respect mined.

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 sma11er

quantity: Provided that any less quantity than half a ton may be

charged as half a ton.

8. Notwithstanding the rate of tolls hereinbefore prescribed, the Tolls for somate

said Commissioner may lawfully demand the tolls following, for pads-

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

say-

For the carriage of any parcel not exceeding twenty-eight pounds

in weight, not exceeding One Penny per mile each:

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

ceeding Three Halfpence per mile each:

For any parcel not exceeding one hundred and twelve pounds

in weight, not exceeding Twopence per mile each; and not

exceeding One Penny per mile each for every additional

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 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.

small package, shall be carried or conveyed dong the said railway short dis6anre~. 9. In all oases where any article, matter, or thing, not being a Fhed slim pertan for

for so short a distance that the sum of money authorised 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.

10, Owners

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ITe~yott 8prifigs and Primrose Springs Railway Act.-1883.

Goods, when to be

removed.

10. Owners or consigners of articles shall remove the same fmm

the station or terminus of their destination on the said railway

within twelve working hours after their arrival there, unless such

arrival shall be betwwn thc hours of four in the evening and seven in the morning, and in that case every such removal shall be niadc 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 twentj-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 aftcr their arrival there, the sum of Two Shillings and Sixpence per ton pcr week shall be charged and payable in respect of such goods for the warehouse-room thereof.

Passengers' 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 pourlcls in weight for other passengers, without any charge being made for carriage thereof.

Appropriation of tolls,

&C. 12. All tolls, rents, dues, charges, and sums of money which may

at any time be received and levied under authority hereof, and all

rents to arise from any lease of the said railway, shall be, fiom time to time, in such manner as the Governor may prescribe, paid to the Treasurer for the public purposes of the said province.

Annual abstract	of	13. The said Commissioner shall, on or before the first day of
account6 to be	pub-

liahed.	August in every year, prepare an annual account in abstract of the total receipts and expenditure under authority hereof for the rail- way 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 distinct heads of
receipt and expenditure, with a statement of the balance of the same account duly audited and certified by the Treasurer, and also by the
Auditor-General, and a copy of such account shall be published in the Goaernment Gazette.

~emption'mmdes. 14, The railway by this Act authorised to be constructed, shall

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

whatsoever, whether local or general.

Short title. 15. This Act may be cited as the Hergott Springs and Pdm-

rose Springs Railway Act, 1883."

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

this Bill.

WILLIAM C. F. ROBINSON, Governor.

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Adelaide : Bv aillhority, E. SPILLER, Government Printer, North-terracc.