Moonta Railway Act 1878 (SA)

ANKO QUALIRAGESIMO PRIM0 ET QUADR {GESIMO

SECUNDO

No. 124.

1-I.F:REAS it is expcdicnt to provide for the construction of a Pre,zmble.

whereas plans of the proposed Railway, xliowing tlw line thereof,

W Line of Railway from Moonta to Moonta i 'ay Jetty: And,

together with the book of refcrcnce thereto, haw bccn duly prepared

and deposited in thc offices of the Sarwvor-(;-enclxl, at Adelaide, and

by the Governor of the Province of South Australia, with the advice signed H. C. Mais, ~n~iucer-in- hii if "--BC it thcreforc Xnacted

and consent of the Lcgislntivc Council and ITonsc of Asscmbly of

the said province, in this prcsmt Palliamctnt xsscmblcd, as follorvs:

1. " The Lands Clauses Consolidation Act," aid all .4ct, No. 26 Incorporation.

af 1855-6, to amend The Lands Clauses Consolidation 14ct," and "' The Railways Clauses Corlsoliclation Act," and an Act, KO. 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 he read and construed

*together accordingly.

2. The Commissioner of Railways, hereinafter called The said power t o make .rail-

Commissioner," may make and maintain a line of milway from way. veniences connected therewith, 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 bc delineated in any plans which may here- after be so deposited, pursuant to any law for tbne being in force reepecting such deposit of the said plans,

3, The

124 m

41' & 42a VICTORIB, KO. 124. -

Moontn to Moonta Bay Jetty Eailway Act.-1 878.

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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 steel,

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

Power of Commis-

sioner. 4. The said Commissioner may demand any tolls for the use of the

said railway, not exceeding the following, that is to say -

I. Jn 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 Xinepence per ton per milc:

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 'l hreepence per mile; and for any ton or fractional part of a ton beyond one ton which any carriage may weigh, Eightpence per m'ie.

T o h for passengers 11. In respect of passengers and animals conveyed upon the said

and cattle.

railway in carriages, whcdlcr belonging to the said Com-

missioner or otherwise, as follows-

For every person conveyed in and 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 com-

partment, Threepence pcr mile:

For every horse, mule, ass, or other beast of draught or burden conveyed upon the said railwa.y, Sixpcnce per milc; and for every ox, COP, bull, or neat cattle so conveyed, Twopence per mile:

For every calf, sheep, lamb, pig, or other small animal conveyed

in and 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 distmcc than three miles, three
miles may be charged.

Tolls to include use	5. I n the said tolls shall be included the tull for the use of 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 bc made therefor: Provided that nothing herein contained shall be construed to prevent an extra charge being made for the use of engines and carriages for special
of motive power.
and express trains: Provided also that nothing herein contained
shall .prmlude private individuals from contracting with the said Commissioner far permission to use their own trucks or carriages
upon the mid railway.

6. In addition to the prescribed toll for the conveyance of articles,

the

41" & 42" VICTORIAE, No. 124.

p- -

Moonta to Miwnht &xg, Jetty Rcridway Act.--1878.

the said Commissioner may charge a reasonable sum for loading and unloading: Provided always, tha-t the owners of gmda 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 work- ing of the said railway.

7. The weight of all articles, except shne and timber, shall Weight, how deter- w e d,

be determined 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: Provided that any less quantity than half a ton may be charged as half a ton.

8. Notwithstanding the rate of tolls hereinbefore prescribed, the ~ 0 1 1 ~ for sep&l'ake

said Commissioner may lawfully demand the tolls following, for w e l a *

small packages and single articles of no greater 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 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:

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 likc, shall not be deemed small parcels, but such term hall

apply only to singlc parcels in separate packages.

small package, shall be cai-ried or conveyed along the said railway short hstancerr. 9. In all cases where any article, matter, or thing, not being a Fixed numper ton for

for so short a distance that the sum of money authorised by this L4ct

to be dcmnndcd 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.

the station or terminus of their destination on the said railway removed. 10. Owners or consignees of articles shall remove the same from Goods, when to be

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

4 41' & 4 2 O VICTORIB, No, 124.

Moonta to Itfoonta Bay Jetty RaiGway Act.--1678.

made within 8ix how^ 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 after the rate of One Shilling per ton for every twenty-four hours or any part thereof: Provided, iievertheless, 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.

P a ' ~ g e r ~ ' luggage. 1 1, 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

tolls, &c. 12. A411 tolls, rents, dues, chargcs, and sums of money which may at any time be reccived and levied under autliority hereof, and a11 rents to arise from any lease of the said railway, sllall bc from timc to timc, in such manner as the Governor may prescribe, paid to the Treasurer for the public purposes of the sitid province.

Annual abstract of	13. The said Commissioner shall, on or before the f i~s t	day of
accounts to be

published. August in every ycar, prepare an annlxal tlaccount in abstract of the total receipts and expenditure under authority heroof for the railway by this Act authorised to he constructed, from what source soever the same may be derived, for and during the preceding year ending the thirtieth day of Jullc, under the several distinct heads of receiptsand expenditure, with a statement of the balance of the same account duly audited and certified bv the Trenrurcr, and also by the Auditor-General, and a copy of s&h account shall be published in the Govemnzent Gazette.

Bxemption from	14. The railway by this Act authorised to be coi~structed	shall be,
retea.

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

soever, whether local or general.

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

this Bill.

WM. F. URUMMOND JERVOIS, Governor.

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Adelaide : Bp authority, E. SPILLEIL, Acting Gowmment Printer, North-terrace.