Light to Kapunda Railway Act 1859 (SA)

ANNO VICESIMO SECUNDO ET VICESIMO TERTIO

A.D. 1859.

No. 20,

An Act to authorize and provide for the comtruction of a RaiEwa.

from the intended Tewninzts of the Adelaide arbd Northern

Railway, at S~ct ion 141 1, in the H u d r e d of Light, to Section

1403, in the Hutzdrcd o f Iinpz~ndn, and to confer certuin powers

on the Commissioner qf Rnilzonys.

[Assented to, 1st Scptcmber, 1859.)

?AS a rdway hath been constructed between the City of Preamble,

V""" constructed between the City of Adelaide and Gawlcr Town, and Adelaide and Port Adelaide, and another railway llath been	provision has becn made for the cnnotruction of other railways
from the terminus of tlie said railway between the City of Adelaidc and Gnwler Town, to Section 1411, Hundred of Light: And w1iereas it is expedient to provide fbr the constrwtion of mother
railway from Sectiou 141 1, in the Hundred of Light, to Section 1403,
in thc Huudred of Kapunda: And whereas plans and scctions of the railway by tliis Act authorized to be constructed, showing the line and levels thereof, have been laid before the House of Asse~nblp
-Be it tllerefore Enacted, by the Governor-in-Chief of tlie Province
of South Australia, with the advice and consent of the Legislative
Council and House of Asscmbly of the said I'sovince, in this present
Parli~ment assembled, as follows:

1. It shall be hwful for tile 'l'rensurer, for the time being, o f the ' f ~ e a ~ u r s r 10 lais*

said Province, from time to time, to issue bonds, not exceeding in

the whole tlie sum of Thirteen Thonannd F i ~ e Huadrcd Pounds,

0 2 for

for such arnouuts as he way deem expedient, and such bonds shall

be in the form followilg that is to say-

Form of bond. NO. e . NO.

South Australian Government Revenue Securities.

(Railway. )

I, the Treasurer of the Province of South Australia,

in consideration of the sum of Pounds, paid to me for the purposes of' the extension of the Adelaide and Northern Railway, do hereby bind myself to pay to the holder, for the time being, of this present obligation, the sum of Pounds, and interest thereon after the rate of six per cent. per annum; such interest to be payable 011 the first day of January and the first day of July in every year, and the principd to be paid on the first day of, in the year one thousand eight hundred and

Sealed with my seal. Dated the day of ,

one thousand eight hundred and

Signed, sealed, and delivered, in

the presence of

NOTE.-	Interest and principal, payable at the Treasury, in Adelaide, South Australia, or [in London or in any other agreed place, to be declared at the time of issue] at such place as may be appointed, By notice to be give11
in the South Australian Government Gazette [and in the
London Gazette].

And every holder of any such bond, for thc time being, shall be entitled to all rights and remedies, under and in respect of the same, in the like manner as though he liad been named therein as the obligee thereof.

Bonds to boar intereat 2.

The said bnrds shall bear interest at the rate of Six Pounds per centuin per snuum; and the interest and principal upon such bonds shall be pnyablc and paid to the holder thereof, at such plncc and at

at six per cent.

such time as may be specified or provided therein: ProvideJ that

the principal s l d not be payable or paid before the expiratio11 of

When payable.	five years, or after the expiration of thirty years, after the passing
of tllis Act.

Moneys raised by 3. A11 sums of money raised and received by the Treasurer upon

how applied. the security of the said bonds, shall be carried by the said Treasurer

4- to the credit of the Commissioner _.-... of - Railygazi for the purposes of

F this Act, and shall be by him paid to the said Commissioaer, iu such amount and manner as the Governor, by any warrant under his hand, way, from time to time, authorize and direct.

$1,350 to be set apart

annually for payment

4, I t shall be lawful for the said Treasurer, and he is hereby re-

quired, in each and every year from thc first raising of any sums of

,,fpriuCipd and in-

terest.

money under the authority hereof, until the whole amounts so

raised,

raised, aid all interest thereon, shall have been duly paid, to set apart the sum of One Thousand Three Hundred and Fifty Pounds, or such lesser sun1 as shall suffice to pay the amount of bonds re- deenmble during such year, together with interest upoil all bonds which shall then bear interest; and shall apply such sum in payment of such bonds and interest as aforesaid, in nlanner specified in such bonds.

5. I t sball be lawful for the said Treasurer, and he is hereby f ~ ~ ~ ~ ~ ~; : ~ ~ ~;

out how to *provided

authorized and required, of the Gencral Public Revenue of the missioner for the purposes of this Act. and to pay over the said sum of Six ~Lou iand Five ~ u n d r e i l ' ~ o u n d s to ih;! said Com- missioner, in such ainount and mnrmer as the Governor by any warrant under his hand may from time to time authorize and direct.

said Province, for the year 1860-61, to carry the sum of Six and "wlieds

Clauses Consolidation Act shall be incorporated with and form part of 1847, and KO. B of 6. The Railways Clauses Consolidation Act and the Lands :r;;g;l","E;fr;

of this Act. 1847.

7. I t shall be lawful for the Commissioner of It 'l : ~ 1 S to Power to make rail-

A way according to &c-

and maintain the said line ofii;;rwuy, branches, extcnslons, roads,	pinus.
and works, in the line and upon the lands delineated in the said plnns, and tto 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.

6. I t shall be l a w f ~ d for the said Conuinissioner _ ..-- ._ of' Railwxs, iu g; t l; c p i u g x on

the coir&uctiorl of the railway R& branches by tliis Act authorized

to be made, t o carry the sank 011 the level across the snid several roads lettered on the plnns hereinbefore mentioned as follows, that

is to say, at E and E.

9. It shall be lawful for the said Con~n~issioner - to stop and ~o~utniss io l~er may

close, either wholly or in part, xf the roads shown upon ""P

the snid plans, and marked respectively A C D at thc point of inter- section by the said proposed railway, as they may, from time to time, deem ex edient: Provided that the owners and occupiers of

all lauds whic P I shall abut upon any road so stopped, s l d l be e h - tled to receive full compensation in respect of any loss ox damage

-

to be occasioned by such stoppage; and the aruouut and application of m y such compensation shall bc determined in manner provided

by tlk h r d s Clauses Consolidated Act, for determining the amount

and application of the compensation to be paid for Ialicls taken under

the provision thereof.

10. When any road shall have been stopped, or closed, in whole commissioner may

or in part, by virtue of the power so hereinbctbrc given, it sliall bc convey lands.

1awfbl for tlw said Comnissioner to coiivey such roads, so far a s

the

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.

Commissioner to have 11, The said Commissioner shall, with respect to all roads shown

power of Commis- --

o n e , a & upon the v a n s, have all the rights, authorities, and powers

A C ~. T ~ m ~ s G n e r s o-TRoads under an Act, No. 17 of 1852, For the

making and improving of Roads in South Australia.

Gnage of railway.	12. The p a g e of five feet and three inches shall be the guage to be used in the railway by this Act authorized to be constructed: Provided that it shall be lawful for the Governor to alter the saia guage so as to bring the same into conformity with any guage which may be adopted in the neighboring Colonies.
Tolls.	13. It shdl be lawful for the said Commissioner to demand any tolls for the use of the railway,~not exTeG5ng-t,e following, that
is to say-

Tonnage on articles	I. In respect of the tonnage of all articlcs conveyed upon the railway, or any part thereof not in this Act otherwise par- ticularly specified, not exceeding the rate of Ninepence per ton, per mile.
conveyed.

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 plat- form, per mile, not exceeding One Shilling and Three- pence; and for any ton or fractional part of a ton beyond one ton, which any carriage may weigh, a sum per mile not exceeding Eightpeace.

11. In respect of passengers and a n i ~ ~ ~ a l s coijveyed upon the

~011s for vaseengers

and cattle.

railway in carriages, whether belonging to the said Com-

missioner or otherwise, as folloms-

For every person conveyed in or upoil ariy such carriage,

being a first-class carriage, or compartment of a carriage,

per nde, rlot exceeding Fourpence.

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

compart.ment, per mile, not exceding Threepence.

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

For every horse, mule, ass, or other beast of draught or bur- den, conveyed upon the railway, Sixpence per mile; and for every ox, cow, bull, or neat cattle, so conveyed, Twopence per mile.

Fur every calf, sheep, lamb,, pig, or other sinall a n i d, oo11-

\-eyed in or upon the railwny, 01ie Half-penny per mile.

14. l i a

carriages and of the engines for propelling the carriages on the said 14. 111 the mid tolls shall be included the toll for the use of the ~; ~ ~ ~; ~; ~; $; ~ r.

railway, and that no further charge than is heretofore stated shall be made for the use of such eagines: Provided, that nothing herein contained shall be construed to preveut an extra charge being made for the use of engines and carriages for special and express trains: And provided also, that any person or corporations employing their own locomotive engines and carriages shall be entitled to run such engines and carriages upon the said railway and branches, paying seventy per cent. of the tolls receivable or payable in respect of the goods and passengers conveyed or carried by such engines and car- riages.

15. In addition to the prescribed tolls for the conveyance of toll,. Regulations aa to the

articles, the said Commissioner ---A -- may charge a reasonable sum for loading and uxoading: Provided always, that the owners of goods shall he 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 said railway; with respect to all articles, except stone and timber, the weight shall be determined according to the usual avoirdupois weight; with respect to stone and timbcr,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 quantity lcss than half n ton may be charged as half a ton.

16. And with respect to small packages and single articles of great weight-& E P $ ~ ~ ~ P ~ ~ ~ ~

it Enacted, That, notwithstanding the rate of tolls

hereinbefore prescribed, the -- said C o m m i s s i o ~ may lawfully demand

t,he tolls following, that is to say-

For the carriage of small parcels on the milway-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 always, 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, 5ut such term

shall apply only to 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 demand such

sum as he shall think fit.

Commissioner to be

mtiiled to receive a 17. In all cases where any article, matter, or thin not being a

fixed sum per tun for small package, shall be carried or conveyed along t e said railway f'

sl~urt 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 Threc Shillin s per ton, the sum to be paid in respect of the carriage thereof shal P be Three Shillings per ton.

be renloved

within a certain time.

18. Owners or consignees of articles s l d l removc 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 thc 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 renlovcd after the expiration of twenty-four hours, at and after 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 station or terminus of their destination, bzfore the end of one week after their arrival there, the sum of Two Shillings and Six- pence per ton per week shall be charged and payable in respect of such goods for the warehouse-room thereof.

Passengers' l~g@;ageb

19. Every passenger travelling upon the railway may take with him his ordinary luggage, not exceeding one hundred pouuds in weight for first-class passengers, m d sixty pounds in weight for second -class passengers, with out any charge being made for the carriage thereof,

*ppropriation

rents, &C. of 20. All tolls, rents, dues, charges, and sunls of money, which rua

at any time be received and levied under authority hereof, and a i7 l

, ' rentsto arise under the authority to demise the sa:d railw&, given

4 - , Y - L-. a -

: p - ~ g & Z ' d ~ k J.. JI +,f--. by the 'L Railway Commissioners' Act, 1859:' shall be from time to

11- $ 7 - A, '7: ;/'*An;t- time, in such manner as the Governor may prescribe, paid to the Treasurer for the purpose of, in the first instance, defraying the

costs and charges of and attending. the maintenance. working. and

management o r the said railway, aGd any balance, nfkr py&t of

such expenses, shall be lied by the said Treasurer to and for the

public purposes of the

abstract of 2 1. The said Commissioner shall, on or before the first day --W-"-

act ounts to be pub-

lished.	of February in every year, prcpare an m n u d account in abstrtld of the total receipts alid expenditure of all funds raised or re- ceived under authority hereof for the purposes of the railway by this Act authorized to be constructed, whether arising from Lloanr~,
tolls, charges, or any other service, for and during the past year, under the several distinct heads of receipt and expenditure, with a statement of the balanco 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 South Australian Government Gazette.

22. It

22. I t shall Be lawfd for the Governor, from time to tinle, by Cowrnor may ad-

warrant under his hand, to authorize the Treasurer to advauce rcpnid. varlce moneys to be

and pay to the aid Cornmissione~ for t l~o purposes of this

Act, any sums o=--noc exceeding in the whole the sum of Twenty Thousand Pounds; and any sums of money so advanced and paid shall be retained by the Treasurer out of any moneys authorized to be raised or applied by him under authority hereof.

23. The railway and branches by this Act authorized to be con- Exemption from IOU 1

structed, shall be, and are hereby declared to be, exempt from sewers, highway, municipal, police, improvement, and all other local rates and taxes.

24. 111 citing this Act, in other Acts a i d legal instruments, it Short title of Act.

shall be sufficie~lt to describe it ss "The Gnwler Town Railway

Further Extension Act to Section 1403."

H. Commencement of

25. This Act shall take effect from the paseng thereof. Act.

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Adelaide : Printed by authoriq, by W. C, COX, Government Printer,