Mount Gambier and Naracoorte Railway Act 1867 (SA)

ANNO TRICESIMO PRIM0

No, 19.

An Act to uazclhorim am! provide L f ~ r the Construction of a Line o f

Railway from &fount Gambiev to Nawacoorte, and to confer

certain Powers on the Commissio~zer o j Railways.

[Assented to, 19th December, 1867.1

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

And whereas plans and sections of the railway by this Act au- W a line of railway from Mount Garnbicr to Narracoorte:

thorized to be constructed, showing the line and levels thereof, together with books of reference, have been prepared and deposited in the office of the Surveyor-General, at Adelaide-Be it therefore iinacted, by the Governor-in-Chid of the Province of South Aus- tralia, with the advice and consent of the Legislative Council and

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House of Assembly of the said Province, in this present Parliament

assembled, as follows:

1. " The Railways Clauses Consolidation Act," and " The Lands Incorporation of

Clauses Consolidation Act," shall be incorporated with and form general a'0dinancw4 part of this Act.

2. The Commissioner of Public Works for the time beitlg of the Power to mako rail- way.

said Province, as Commissioner of Railways, mny make and nlsin- tnin a line of railway from Mount Gainbier to Narracoorte, together with all proper works and conveniences connected therewith, as the same is delineated in the plans of the said railway, sigiied

" H. C. Mais, 20-9-67," and deposited in the ofice of the

Surveyor-General, at Adelaide, as aforesaid; aud, for that puimpose,

may

31" VICTORIX, No. 19.

"-W- p---".-

Mount Gambier and Narracoorte Rail,way Act.-1867.

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.

List of crmjage on

3. 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-AA, BB, CC,

the level.

DD, EE, FF, GG, HH, 11, KK, LL, MM, NN, 00, PP, &Q, ER,

SS, TT, UU, VV, WW, XX.

Commissioner may

4. The said Commissioner niay stop and close, either wholly or in art. such of the roads shown umn the said ~ l a n s, and marked resiectivelyA, B, C, D, E, F, G, H, I, K, L, M, ~ N, 0, P, Q, R*, S,

stop roads.

I', U, v, W, X, Y, 2, AI, B1, C l, D1, El, 3'1, Gl, H1, 11, W1,

at the point of intersection by the said proposed railway, as he may from time to time deem expedient: Provided that the owners and occupiers of all lauds which shall abut upon any road so stopped shall be entitled to receive full compensation in respcct of any loss or damage to be occasioned by such* stoppage; and ;he amoudt and application of any such compensation shell be dctermiued in manner provided by the Lands Clauses Consolidation Act, for determining the amount and application of any such compensation to be paid for lands taken under the provisions thereof.

May convey lands.

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

May have power of

6. The said Commissioner shall, with respect to all roads shown Commiasioners of Roads, under an Act No. 17 of 1852, For the making and improving of roads in South Australia," and the Roads Amendment Act of 1863.

cOmmiaaionera

Road A&

upon the said plans, have all the rights, authorities, and powers of

Gauge. 7. The gauge of five feet and three inches shall be the gauge to

be used in the railway by this Act authorized to be constructed:

Provided that, the Governor may alter the said gauge so as to bring the same into conformity with any gauge which Gay be adopted hereafter.

Tolls. 8. The said Commissioner may denland any tolls for the use of

the railway, not exceeding the following, that is to ssy-

Tonnage	on articlen	In respect of the tonnage of all articles conveyed upon the railway, or any part thereof, not in this Act otherwise particularly specified, not exceeding the rate of Ninepence per ton per mile.
wn~eyed,

For

31" VICTORIB, No. 19.

Mount Gnm bier and Narracoorte Railway Act.-1 867,

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For wool, measurement goods, fruit, and furuiture, One Shilling

per ton per mile.

For every description of carriage, not being a carriage adnpt'ed and used for travelling on n railway, and not weighing more than one ton, carried or conveyed on B truck or platform, per mile, not exceedinq One Shilling and Threepence; and for a'ny ton or fractiond part of a ton beyoml ono ton, which any carriage may weigh, a sum per mile not exceeding Eightpence.

In respect of passengers and mimals conveyed upon the railway ~011. for paungera

in carriages, whether belonging to the said Commissioner or md

otherwise, as follows-

For every person conveyed 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 com-

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 three 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 conveyed

in or upon the railway, One Half-penny per mile.

9. In the said tolls shall be included the toll for the use of the Tolls to include urn

carriages, and of the engines or other means used for propelling the	10cOmOtiye	power*
carriages on the said railway, and that no further charge than is	heretofore stated, shall be made therefor: Provided that nothing	herein contained shall he 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 Commissioner for permission to use their own trucks or carriages upon the said railway: And provided also, that any persons or corporations employing their own locomotive 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 carriages.

10. In addition to the prescribed toll for the conveyance of articles, the said Commissioner may charge a reasonable sum for loading and "lh. Begulationr M t~ tne

0

unloading: Provided always, that the owners of goods shall be a t

liberty to employ their own servants for loading and unloading,

subject to the regulations in force for the time being, for the working

of '

31"1CTORIZ, KO. 19.

Hount Gambier and Il'lurracoorte RuiEway Act.--1867.

of the 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 timber, fourteen cubic feet of stone, and forty cubic feet of hardwood, 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 thau half a ton may be charged as half a ton.

Tolb for separate

porcela.

11. Notwithstanding the rate of tolls hereillhefore prescribed, the

said Commissioner may lawfully demand the tolls following, for small

packages and single articl<;s 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 ex-

ceeding Three Half-pence per mile each:

For any parcel not exceeding one llunclred and twelve pounds in weight, not exceeding Twopence per mile cnch; and not exceeding One Penny per mile each for every additioual fifty-six pounds in weight:

Provided tbst 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.

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.

Commi=ioncr to be

entitled to reccive 12, 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 rail- @hurt distnnce~, way, fbr so short a distance, that the sum of money authorized

by this Act to be demanded or received for the same shall not m o u n t to the sum of Three Bhillings per ton, the sum to be paid in,. respect of the carriage thereof, shall be Three Shillings per ton.

cfoods when	t o be	13. Owners or consignees of articles shall remove the same from 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 after the rate of One Shilling per ton for such twenty-four hours, or any part thereof:
re~uoved.	the station or terminus of their destination on the said railway,

. Provided uevertheless, that if such articles be not removed from

such

31° 'VICTOXEIB, No. 19. - l47

Mount Gnmbier and Narrncoorte Railway Act.-1 867.

such station or terminus of their destination before 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 rcspect of such goods, for the warehouse room thereof.

14. Every passenger travelling upon the railway may take with Pmsenger~*luggagc.

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

15. The Commissioner of RaiIways shall have and exercise all Powers to loaso rail*

the powers and authorities with reference to leasing the line of railway hereby authorized to be constructed, and otherwise, as are conferred upon him by The Railway Commissioner's Act," ia respect to the undertakings therein mentioned.

16. All tolls, rents, dues, charges, and sums of money, which Appro~riationof tolls, rente, &c.

may at any time be received and levied under authority l~ereot;

and all rents to arise from any lease of the said railway, shall be,

from time to time, in sucll manner as the Governor may prescribe,

paid to the Treasurer for the purpose of, in the first instance,

defraying the cost and charges of and attending the maintenance,

working, and management of the said railway, and any balance

after payment of such expenses, shall be applied by the said

Treasurer to and for the public purposes of the said Province.

17. The said Commissioner shall, on or before the first day of Annualabstraetof

February in every year, prepare an annual account in abstract of lished. eccouuts to be pub-

the total receipts aud expenditure of all funds received wider authority hereof for the purposes of the railway by this Act authorized to be constructed, whether arising from loans, tolls, charges, or any other source, for and during the past year, under the several distinct heads of receipt and expenditure, with a stnte- ment of the balance of the same account duly audited and certified such account shall be published in the Government Gazette. by the Treasurer, and also by the Auditor-General, and a copy of 18. The Governor may, from time to time, by warrant under his hand, authorize the Treasurer to advance and pay to the said Corn- mone~sto ,,,, o,,,,,~,,n,,

be repaid.

missioner, for the purposes of this Act, any sums of money not exceeding in the whole the sum of Two Hundred and Seventy Thousand Pounds.

strutted, Bhnll be, and are hereby declared to be, exempt from ratea. 19. The railway and branches by this Act authorized to be con- Exemption from local

sewers, highway, muuicipal, police, improvement, and all other

local rates and taxes.

20. This Act may be cited as the " Mount Gnmbier and N n m - Shorttitle of Act.

coorte Railwav Act, 1867."

In the name and on behalf of the Qneen I hcmby assent to

this Act. I). DALY, Governor.

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Adelaide; Printed bp authority, by W. C. Cox, Government Printer, Victoria-square.

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