Lacepede Bay and Naracoorte Railway Act 1871 (SA)

A. D. 1871.

No. 7.

An Act to provide ,fur the fornmiiol~ of n Line of Railway from

Lacepede Bay to Nkracoo~te.

[Assented to, 23rd November, 187 1.3

HEREAS it is expedient to provide for the construction of n preamble,

W line of railway from the Township of Kingston, at Lacepede	Ray, in the Hundred of Lacepede, to the Township of Namcoorte,
in the Hundred of Naracoorte: And whereas plans of the railway
by this Act authorized to be constructed, showing the line thereof, together with thc book of reference thcrcto, have been duly pre- pared, and deposited in the office of the Surveyor-General, at Adelaide-Be it therefore Eiisctcd by the Governor of the Yrovince 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 follo.\;vs :

Q

1. This Act may be cited for all purposcs as "The South-Eastern short

Railway Act, 1871."

2. The Lands Clauses Consolidation Act," No. 6 of 1847, and Incovoration.

a The Railways Clauses Consolidation Act," No. '7 of 184'7, so far as the same are severally applicable to this Act, shall be incorporated therewith, and this Act shall bc rcad and construed accordingly.

3. The Commissioner of Railways may make and maintain a lino powop to mnkc rail;

way.

of railway from the Township of Kingston at Lacepede Bay in the drcd of Namcoorte, together with all proper works and conveniences connected therewith, as the same is delineated in the plans of the

S81a

35" VICTORIB, No. 7.

South-Eastern Railway Act.-1 87 1.

said railway, signed H. C. Mais, Engineer-in-Chief, and deposited in the office of the Surveyor-General, at Adelaide, as aforesaid, and for that purpose may enter upon, use, and take such of the lands delineated and referred to in such plans, as shall be or be deemed necessary for such purpose.

Gauge. 4. The gauge of the said railway shall be three feet six inches, and the rails to be used in the cor~struction thereof shall be of iron,

and of the weight of not less than thirty-five pounds to the yard.

Maximum cost of 5. The cost of constructing the said railway, irlcluiling rolling-

constl~uction.

stock, shall not exceed the sum of One Hundred and Fifty

Thousand Pounds.

List of crossings on

6. The said Commissioner of Railways, in the construction of the railway and branches by this Act authorized to be made, may carry the same on the level across the several roads lettered on the plans hereinbefore mentioned, as follows, that is to say-A, C, C3, E, G,

the level.

H, and K.

Commissoner may 7.

The said Commissioner may stop and clcse, either wholly or in part, such of the roads shown upon the said plans, and lettered respcctivcly B, Cl, C2, D, E, I, L, at the point of intersection by the said proposed railway, as he may from time to time deem expedient: Provided that thc owners and occupiers of alllands which shall abut upon any road so stopped, shall be entitled to receive full compensa- tion in respect of any loss or damage to be occasioned by such stop- page; and the amount and application of any such compensation shall be determined in manner provided by the Lands Clauses Con- solidation Act for determining the amount and application of any such compensation to be paid for lands taken under the provisions thereof.

stop roads.

Map convey landa.	or in part, by virtue of the powers so hereinbefore given, it shall be 8. When any road shall have been stopped or closed in whole
lawful for the said Commissioner to convey such roads, so far as the same may be stopped or closed, or any part thereof, to the owner of the land upon which such road or part of a road may abut.

~ommissioner not 9, The said Commissioner shall not be bound to fence the said

bound to fence.	line of railway along any portion thereof.
Commiseioners under

ay have power of 10. The said Commissioner shall, with respect to all roads shown

Road ~ c t.	upon the said plans, have all the rights, authorities, and powers of Commissioners of Roads under an Act, No. 17 of 1852, For the making and improving of Roads in South Australia," and the "Roads Amendment Act, 1863."
Tolls.	11. The said Commissioner may demand any tolls for the use of the railway, not exceeding the following, that is to say-
Tonnage on articles

conveyed. I. In respect of the tonnage of all articles conveyed upon the

railway,

38" VICTORLE, No. 7. --

gozcth-Eastern Enilway Act.-18 71.

riilway, or any part thereof not in this Act otherwise par- ticularly specified, not excccding the rate of Ninepence per ton per milc:

For wool, measurement goods, fruit, and furniture, One

Shi l l i~g 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, per mile, not excccding One Shilling and Threepence; and for any ton or fractional part of a ton beyond one ton, which any carriage may weigh, a sum per mile not exceeding Eightpence:

! for pnssengers

rr. In rcspect of passengers and animals conveyed upon the Tola and cettlc.

railway in carriages, whether belonging to the said Corn-

missioner or otherwisc, as follows:

For every person convcycd in or upon any such carriage, being a first-class carriage, or compartment of a carriage, per mile, not exceeding Fourpence:

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

partment, per mile, not exceeding Threepence:

Provided always, that for every fraction of a mile a full mile may be charged, and that for any shorter distance than tfhree miles three miles may be charged.

For every horse, mule, ass, or other beast of draught or

burden conveyed upon the 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 railway, One IIalfpenny per mile.

12. In the said toll shall be included the toll for the use of the TOUS to include useof

carriages, and of the horses or other means used for propelling the 10cOmOti~c

PwYr.

carriages on thc said railway, and no further charge than is here.. tofore stated shall be made therefor: Provided that nothing herein contained shall be construed to prevent an extra charge being made for the use of horses and carriages for special and express trains: Provided also, that nothing herein contained shall preclude private individuals from contracting with the Commissioner for permission to use their own trucks or carriages upon the said railway.

13. In addition to the prescribed tolls for the conveyance of Regulations as to the

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; with respect to all articles, except stone and timber, the weight shall be determined

according

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35" VICTORIB, No. 7.

South-Eastern Bailway Act.--1 87 1.

according to the usual avoirdupois weight; with 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: Pro- vided that any less quantity than half a ton may be charged as half

a ton.

Tolla for separate

parcels. 14. Notwithstanding the rate of tolls hereinbefore prescribed, the said Commissioner may lawfully demand the tolls following, for small packages and single articles of no great weight, that is to say-

For the carriage of small parcels on the railway - For 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 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 addi- tional fifty-six pounds in weight.

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 t o single parcels in separate packages-

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 delnand such .sum as he shall think fit.

Cornmiseioner to be

entitled to receive 15. I n all cases where any article, matter, or thing, not being a

flxed sum per ton	small package, shall be carried or conveyed along the said railway
for short distances.	and branches for so short a distance that the sum of money autho- rized by this Act to be demanded or received for the same shall not amount to the sum of Three Bhillings per ton, the sum to be paid in respect to the carriage thereof shall be Three Shillings per ton.
Goods, when to be
removed.	16. Owners or consignees of articles shall remove the same from the station or terminus of their destination on the said railway, within twelve 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 afier the rate of One Shilling per ton for such twenty-four hours or any part thereof: Provided, nevertheless, that if such articles be not removed from

such

35" VTCTORIB, No. 7.

So,uth- Eastern Railway Act.--187 l.

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.

17. Every passenger travelling upon the railway may take with Passcngers'luggage.

him his ordinary luggagc, not exceeding one hundred pounds in weight for first-class passengers, and sixty pounds in weight for second-class passengers, without any charge bcing made for the carriage thereof.

18. Thc Commissioner of Bailways shall have and csercise all the Power to lease rail-

powcra and authorities with reference to leasing the linc of railway way.

hcrcby authorized to be constructed, and otherwise, as arc conferred

upon him by The Railway Commissioner's Act," in respect to the

undertakings therein mentioned.

19. All tolls, rents, dues, charges, and sums of money, which may Appropriation oftoils,

at any time be received and Icvietl under authority hereof, and all	&c.
rents to arise from any lcasc of the said railway, shall be, from time to time, in such manner as the Governor may prescribe, paid to the 'l'reasurer to and for the public parposes of the said Province.

20. The said Commissioner shall, on or before thc first day of allnun1 abstract of acoounle to bc pub-

February, in every year, prepare an annual account in abstract of lished.

the total receipts and expenditure under authority hereof for thc railway by this Act authorized to be constructed, from what source soever the same may be derived, for ancl during the past year, under the several distinct lmds of receipt and expenditure, with a statement of thc balance of the same accouilt duly audited and certified by the Treasurer, and also Fv the Auditor-General, and a copy of such account shall bc publisheh in the South Australian

Government Gazette.

21. The railway and branchcs by this Act authorized to be con- exemption from local

structcd, shall be, and are hereby dcclarcd to be, cxcmpt from sewers, highway, municipal, police, irnprovemcnt, and all other local rates and taxes.

In thc name a i d on behalf' of the Quecn I hereby assent to

this Act.

JAMES FERGUSSON, Governor.

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Adelaide : Printed by authority, ~ ~ ~ & e r n m & n t Printer, North-terrace.

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