Kapunda and NW Bend Railway Act 1876 (SA)

ANNO TRICESIMO NON0 ET QUADRAGESIMO

VICTORIA3 REGINB.

A. D. 1876.

No. 27.

An Act to provide for the formation of a Line of Railwuy from

Kapunda to the North- Wtst Bend of the Rzver Blurray.

[Assented to, 27th July, 1876.1

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

W Line of Railway from Xapunda to the North-West Bend of	the River Murray: And, whereas plans of the proposed Railway,
showing the line thereof, together with the book of reference thereto, have been duly prepared and dej~osited in the offices of the Surveyor-
Geo eral, at Adelaide, and signedh " H. C. Mais, Engineer-in-Chief '-
Be it therefore Enacted by the 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 Parlia- ment assembled, as follows:

said Commissioner," may make and maintain a Line of Railway, Way.

from Kapunda to the North-West Bend of the River Murray;

together with all proper works and conveniences connected there-

with,

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

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

c c 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 incor-,

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

together accordingly.

2. The Commissioner of Railways, hereinafter called " The Powr to make

2 39" & 400 VICTORIB, No. 27.

Zr'apundn and North- West Bend Railway Act.-1876.

p-

with, as the same is delineated in the said plans so deposited at the offices of the Surveyor-General at Adelaide as aforesaid, or as may be delineated on 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 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

eioner. 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 Nincpence 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 Railway, and not 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 ton which any carriage may weigh, Eightpelnce per mile:

~011s for paesengers 11. In respect of passengers and animals conveyed upon the

and cattle.	said Railway in carriages, whether belonging to the said
Commissioner 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 corn-

partment, Threepence per mile:

For every horse, mule, ass, or other bcast 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 that for any shorter distance than three miles, three

miles may be charged.

toincludeuae 5. In the said tolls shall be included 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 Railway, and no further *charge

than is heretofore stated shall be made therefor: .Provided that

nothing

39" & 40" VICTQRIB, No. 27.

Kapunda and North- West Bend Railway Act.-1 876.

nothing herein contained shall be construed to prevent an extra charge being made for 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 ?or permission to use their own tmzks or carriages upon

the said Railway.

articles, the said Commissioner rrmy charge a reasonable sum for tolls. 6. In addition to the prescribed tolls for the conveyance of Regulation6 as to

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.

bc determined according to the usual avoirdupois weight; with mined. 7. The weight of all articles, exccpt 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 feet of other timber, shall be deemed one ton weight, and so on in proportion for any smaller quantity: Provided that any less quantity than half a ton may be charged as half a ton.

8. N~twitlist~anding the rate of tolls hereinbefore prescribed, the Toll8 for separatc

said Commissioner may lawfully demand the tolls following, for parcels.

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

say-

For the carriage of any parcel not exceeding twenty-eight pouuds in weight, not exceeding Oue Penny per mile each:

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

exceeding Three IIalfpence per mile each:

For any parcel not exceeding one hundred and twelve pounds

in weight, not exceeding Twopence per mile each; and

tional fifty-six pounds in weight: not exceeding One Penny per n d e each for every addi-

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

Trovided 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 Fixed sum per ton for

small package, shall be carried or conveyed along the said Railway	di"ancea-
for so short a distance that the sun1 of money authorized by this Act

to

4 390 & 40" VICTORIB, No. 27.

Kapunda and North- West Bend RaiZwuy Act.-1876.

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.

Goods, when to be

removed. 10. 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 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 dcfault 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 haurs 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.

Pasacngsrsi 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, charges, and sums of money, which may

tolle, t c.	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 may prescribe, paid to the Treasurer for the public purposes of the said Province.
Annual abstract of

accounts to be 13. The said Commissioner shall, on or before the first day of

published,	August in every year, prepare an annual account in abstract of the total receipts and expenditure under authority hereof for the Railway 5y 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 receipts and expenditure, with a statement of the bala~ce	of the same account duly audited and certified by the Trea.suier, and also by the Auditor-General, and a copy of such account shall be published in the Government Gazette.
Exemption from

rates. 14. The Railway by this Act authorized to bc constructed, shall

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,

A. MUSGRAVE, Governor.

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