Kadina and Burunga Gap Railway Act 1876 (SA)

ANNO TRICESIM.0 NON0 ET QUADRAGESIMO

No. 40.

An Act to provide for the hformation of a Lke of Railway from

I<adi?za to lgarunga Gap.

[Assented to, 27th October, 1876.1 .

THEREAS it is expedient to provide for the construction Pre~mbh,

of a Linc of Railway from Kadina to Rarunga Cap:

.+ nd, whcreas plans of t h ~ proposed Railway, showing the linc thereof, together with the book of reference thereto, have been duly prepared and deposited in the ofices of the Surveyor-General, at Adelaide, and signed ('H.C. Mais, Engiilcer-in-Chief "-Be it there- fore Enacted by thc Governor of the Province of South Australia, with the advice and consent of the Lcg.islativc Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:

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

of 1863-6, to amend The Lands Cla~lscs Consolidation Act," ancl

The Railways Clauses Consolidation Act," and an Act, No. 6 of 1858, to amend " The Rnilways Clauses Consolidation Act," so far as the same are scvcrally applicable to this Act, shall be incor- porated therewith, and the said Acts shall be read and construed together accordingly.

2. The Commissioiler of Railways, hereinafter called " Thc said Power to make Reil-

Commissioner," may makc and maintain a Linc of Railway, from Way'

KaGina io Barunga Gap, together with all proper works and

conveniences connected therewith, as the same is delineated in the said plans so deposited at the offices of the SurveyorGeneral

3 1 at

2 39" & 40° VVICTORIB, No. PO.

Kadina ik Bawnga Gap R a i l w q Act.-1876.

at -4delaide as aforesaid, or as may be delineated in any plans which may hereafter bc so deposited, pursuant to any law for the timc 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 iron, and of the weight of not less than forty pounds to the yard.

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

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

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

For wool, measurement goods, fruit, ant1 funliturc, One Shilling

per ton per mile:

For every description of carriage, m t being a carriage adapted ancl used for travelling oil a Railway, and not weighing morc than one ton, carried or conveycd on a truck or platIorm, One Shilling and Threepence per mile; and Por. any ton or fractiorlal part of a ton beyond one ton which any carriage may weigh, Eightpence per mile.

~ 0 1 1 s for passengers 11. In respect of passcugers and animals convcycd ul3oii thc For every person coizvcycd in or upon any such carriagc, bcing a first-class carriage: or compartment of n carriagc, Fouq)cucc per mile:

end cattle.

said Railway in carriages, whether Sclonging to the said

Commissioner or otherwise, as follows---

For every person conveyed in a second-class carriage or coni-

partment, 'l'hreepericc per mile:

For ewry horse, wide, ass, or other beast 01 draugllt or Imrden

conveyed q)on thc said Railway, Sivpencc per mile; and for

every ox, cow, Ldl, or mat cattle so convcycd, Twopencc pcx

mile:

For every calf, sheep, lamb, pig, or other small animal con-

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

Probided always, that for cveyy fraction of w mile a fu l l ltlile may

be charged, and that for any sho~tor	distance than thrcc miles, three
miles may be charged.

Tolls to include use 5. I n the said tolls shall bc inclucied thc: toll for thc use of the carriages, and of

of uotive power. l l ~ c en~ines or other means used for propcl-

a.

ling the carriages on the s ad Railway, and no further charge than is heretofore stated shall be made therefor: Frovided that nothing hercin contained shall bc construed to prevent an cxtra charge being made for the use of engines and carria~es for special and express trains: Providcd also that nothing llcrein contained shall

preclude

39" & 40TICTORIA, No. 40.

Kadina to Baru~ga Gap Railway Act-1876.

-

prccludc private individuals from contracting with the said Com- missioner for permission to use their own trucks or carriages upon

the said Railmay.

articles, thc said Commissioner may charge a reasonable sum for tolls* 6. In addition to the prescribed tolls for the conveyance of Regulations aa tie

loading and unloading: Provided always, that thc owners of goods shall be at liberty to employ their own servants for loading and unloading, subjcct to the r~@ations in force fou the time being for

thc workmg of the said k l w a j -.

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

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

respect to stone and timber, fonrtecn cubic feet of stone, and forty

cubic fcct of hard mood, ancl fifty cubic fcct of other timber shall

bc deemcc1 one ton weight, and so on in proportion for any smaller

qmntity: Providrd that any less quantity than half a ton may be

charged as half a ton.

said Commissioner may lawfidly demand the tolls following, for ~arcels. 8. Notwithstmding thc ratc of tolls hereinbcfore prescribed, the Tolls for separate

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

say-

For the cauiage of any parcel not exceeding twenty-eig?t pounds in weight, not exc~edirlg One Pennv per mile

each:

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

excoecling Three Halfppcncu: per mile each:

For any parc~ l not exceeding one hundred and twelve pounds

in wcight, not exceeding Twopei~ce per mile each; and not exceeding One Penny per mile each for every addi- tional fifty-six pounds in weight:

For thc 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 Comrnissioncr may clclnand such sum as he shall think fit:

Provided that articlcs 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 separatc packages.

9. 'In all cuscs wherc any article, matter, or thing, not being a Fixed sum per ton for

sllznll package, s l d l be carried or conveyed along the said Railway	short distances,
for so short a distaiice 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 thcrcof shall be Three Shillings per ton.

10. Owners

4 39" & 40" VICTORIAE, No. 40.

Kudina to Barunga Gap Railway Act.-1876.

do&, whm to br 10. Owners or consignees of articles shall remove the same from

m o v e d.	the station or terminus on their destination of 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 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 Shillinp 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 slxm of Two Shillings and Sixpence per ton per week shall be charged and payable in respect of such goods for the warehouse-room thereof.
P ~ - w r ~ ' b g w.	11. Every passenger travelling upon the said Railway may take with him his ordinary luggage, 'not exceeding one hundred pounds in weight fbr first-class passengers, and, sixty pounds in weight for other passengers, without any charge being made for carriage thereof.
Appro riation af	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, from time to time, in such manner as the Governor niny prescribe, paid to the Treasurer for the public pwposes of the said Province.
al., L.
dnnunl abetract of	13. The said Commissioiler shall, on or before thc first day of ~ u g u s t

accounts t o be	in every year. prepare an annual account in al~siract
published.

of the total receipts and expenditure under authority hereof for thu Railway by t h s l e t uudorizcd to be constructed, from what source soever the same may be derived, for and during the preceding

year ending the tlnirtieth day of June, under the several distinct

heads of receipt a d expenditure, with a statement of the balance of

the same account duly audited :~nd certified by the Twasurer, and also

by the Auditor-General, and n copy of . such account shall be pub-

lished in the Government Gazette.

Exemption frotn 14. The Railway by this Act nnthorized to be constructed, shall hc,

mtes.

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

soever, whether local or general.

In the name and on behalf of Her Majesty, 1 hereby

assent to this Bill.

A. MUSGRAVE, Goveuor.

Adclnido : By authority, W. C. Cox, Government Printer, North-terrace.