Kadina and Wallaroo Railway Act 1877 (SA)

ANNO QUADRAGESIMO ET QUADRAGESIMO PRIM0

No. 76,

.An Act to provide . f b ~ the formation of a Lilze of Rnilumy fjom

Icadin a io ' ~Vu l la~oo.

[Assented to, 2 1st December, 1877 .j

HEREAS it is expedient to provide for the ccmstructioll of x I ~ r c n m ~ l e.

Line of Kailway from I<ndina, to Wnllaroo And, wherms

plans of the proposed Railway, showing the line thereof, together with thc book of reference thereto have been duly prcpared and deposited in the offices of the surveyor-~eoera~l; at Adelaide, and signed "H. C. %is, Engineer-in-Chief "---Re it therd'ore Enacted by the Governor o f the ~rov ince 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:

1. ' T h e Lands Clauses Consolidation Act," and an Act, No. 36 Incorporrttion.

of 185516, to amend ':The Lands C%tuses Corisolidation Act," and "The Railways Clauses Consolidation Act," and an Act, KO. 6 of

1858, to amend b'Tlie Railways Clauses Consolidation Act," so far

as the same are severally applicable to this Act, shall be incor- porated therewith, and the said Acts shall bc rcad and construed togethcr accordingly.

2. The Cornmissioi~er of Bailways, hereinafter called " The said Power t o make Rail-

Commissioner," may make and maintain n line of railway, from .Kadina to Wallaroo, together with all poper works and conveniences connected therewith, as the same is delineated in thc said plans so deposited at the officea of the Surveyor-General, at Adelaide,

A BB

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Kadina and Wallaroo Railway Act.-1 8 77.

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 iron, and of the weight of not less than forty pounds to the yard.

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

aioner. 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 thisll 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 fur travelling on a Railway, and aot weighing more

than one ton, carried or conveyed on a truck or platform, One Shilling and Threepence per mile; and for any ton or fractional part of a ton beyond one toil which any carriage may weigh, Eightpence per mile.

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

and cattle.

Railway in carriages, whether belonging to the said Com-

missioner or otherwise, as follows-

For every person conveyed in or upon any such carriage, bein5

a first-class carriage, or compilrtment of	a carriage, ~ o u r ~ e n e k
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, Twopence 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 tliat for any shorter distance than thrce miles, three miles may be charged,

Tolla to include use ' 5. In the said tolls shall be included the tous for the use of

motivepover.	the carriages, and of the engines or other means used for propel-
ling the* carriages on the said Railway, and no fwther charge
than is heretofore stated shall be made therefor: Provided that nothing herein contained shall be coustrued to prevent an extra charge being made for the use of engines and carriages for special and

express

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Kadinu and Walhroo Railway Act.-1877.

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, In addition to the prescribed toll for the conveyance of Rwlationsas to tolls.

articles, the said Commissioner may charge a reasonable sum for loading and unloading: Providcd 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.

be determined according to the usual avoirdupois weight; with mined. 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 sood, and fifty cubic feet of other timber, shall be deemed one ton weight, and so on in proportion for any smaller quantity: Providd that any less quantity than half a ton may be charged as half n ton.

said Commissioner may lawfully demand the tolls following, for psrcoh 8. Notwithstanding the rate of tolls heyeinbefore prescribed, the Tolls for separate

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

exceeding Three Halfpence per mile emh:

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.

9. In all cases where any article, matter, or thing, not being a. r i d sum perton ~ O T

small packagc. shall be carried or conveyed along the said Railway Bho*

for so short a distance, that the sum of money authorized by this Act

to

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Kadina and Wallaroo Railway Act.-1 877.

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.

when be

removed.	10. Owners or consignees of articles shall remove the same from thc staiion or terminus of their destination on the said Eailway within twelve working hours after their arrival there, unless such arrival shall be between the hours of four in thc cvcning 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 io 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 rat 2 of Onc Shilling per ton for every twenty-four hours or any part thereof: Provided, nevertheless, that if such articles be not rcnlovcd from such station or terminus of their destination before the end of one week after their arrival there, thc 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.
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 pounds in weight for other passengers, without ally cha~ge being made for caxriage thereof.
Appropriation of
tolls, &C.	12. All tolls, rrnts, clues, charges, and dums of money, which may at any time br rcecived and levied under authority hereof, and all rcnts to ttrisc from any lcnse of the said Itailway, shall be, from time to time, in such mauncr as the Gove~nor may p~(wribe, paid to the Treasurcr for the public purposes of tlic said Province.
Annunl abstrnct of
accounts to be	13, The said Commissioner sh l l, on or before the first clay of total rcccipts u ld expenditure under authority hereof for the
published.	August in cvery yew, prepare an annual account in abstract of the
Itailway by this Act authorized 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 espenditurc, with u statement of the balance of
. the same account duly auditcd and certified by the q'reasurer, and also by the Auditor-Gcncral, and a copy of such account shall be published in the Govert~ment Gazette.
Commissioner may

purchase property of 14. It shall be lawful for the said Commissioner, if he shall thinlr

Kadina wallnroo fit, to purchase, and for the Kadina and Wallaroo Railway and Pier

rndPier

Company (Limited),	Company (Limited), if they shall thinlr fit, with thc consent of a
and m y exercise	special general meeting of the Company, to sell, for a sum not exceeding
POwera
thereover. this Act	IV inety Thousand Pounds, all thc lands, railways, jetty, wharf, rolling-
stock, plant, and other real and personal estate at, the time of such sale and purchase, belonging to the said Kadina and Wallaroo Railway and Pier Company (Limited): And upon the completion ,,

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Kadina and Wdlaroo Ruilway Act.- 1 87 7.

of such sale and purchase, all rights, privileges, and advantages granted by virtue of "The Wallaroo Railway Act," and '' The Wallaroo Railway Amendment Act," to Apollos 1Iarrison Gouge, his heirs, executors, administrators, and assigns, and now vestcd in the said Kndina and Wallaroo Railway and Pier Company (Limited), shall vest in, belong to, and be exercisable by the said Commissioner: Provided that it shall not be compulsory upon the said Commissioner to exercise such rights or privileges any fnrther, or otherwise, than he shall think fit: And provided, also, that in thc event of such sale and purcllase being completed, the said Commissioner may, if he shall think fit, exercise all the rights, powers, and privileges vested in him by virtue of this Act, over and in 'espect of the land so purchased, as if thc same were thc land described in the said plans so deposited as afol-esaid; and also over and in respcct of the railways, jetty, wharf, rolling-stock, plant, and other real and personal estatc so purchased, with full power, if he shall think fit, to alter the gaugc of thc railways already corlstructed on the ltnd so to be purihased to the of t h r k feet six inches, or to maintain the same with the same gaugc as at present: l'rovidcd, lastly, that nothing in this clause contained shall be construed to affect the powers by this Act conferred upon thc Commissioner for making and maintainirig the Railway by this Act authorized to be made according to the said plans.

S 15. The Railway bv this Act authorized to be constructed, ancl Exemptionfrom

the Railway hereby authorized to bc purchased, after such purchase, shall be, and are hereby declared to be, exempt from all rates and taxes vlmtsoever, whether local or general.

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

this Bill.

WM. F. DRUMMOND JERVOIS, Governor,

. -- --- ----W-- ..+

Adelaide: By authority, W. C. Cox, Government