Mount Gambier and Naracoorte Railway Act 1884 (SA)

ANNO QUADRAGESIMO SEPTIMO ET QUADBAGESIMO

OCTAVO

A. D. 1884.

No. 327.

An Act to provide for the formation of a Line of Railway

from Mount Gatnbier to Naracoorte.

[Assez f eri to, Nnvemher ~ g t h, 1884.1

HEREAS it is expedient to provide for the construction of a

whereas plans of the proposed railway, showing the line thereof, to- W Line of Railway from Mount Qambier to Naracoorte; and

gether with the book of rcference thereto, havc been duly prepared and deposited in the offices of the Surveyor-Gcneml, at Adelaide, and signed "H. C. Mais, Engineer-in-Chief"--Be it therefore Xnacted by the Governor of the Province of South Australia, with the advice and consent of the 1,rgislative Council and House of Assembly of the said province, in this present Parliament assembled, as follow S:

327

1, The Mount Garnbier and Namcoorte Railway Act, 1867, being Repeal of is, 1567.

No, 19 of 1867, is hereby repealed.

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

of 1855-6, to amend '' The Lands Clauses Consolidation Act," and "The Railways Clauses Consolida.tion Act," and an Act, No. 6 of

1858, to amend " The Railways Clauses Consolidation Act," and all

other Acts passed or hereafter to be passed amending the said Rail- ways Clauses Consolidation Acts or Lands Chuses Consolidation Acts, so far as the same are severally applicable to this Act, shall be incorporated therewith, and the said Scts shall be read and con- strucd together accordingly.

3, The Cornmissioiler of Railways, hereinafter called " the said Power to make Commissioner, ,, railway.

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The Mount Garnbier and Ndracoorte Railway Act.-1 884.

Commissioner,'' may make and maintain a line of railway from Mount Gambicr to Naracoorte, together with all proper works and conveniences 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 be delineated in 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. 4, The gauge of the said railway shall be three feet six inches,

and the rails to be used in t,he construction thereof shall be of steel,

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

Power of 5, The said Commissioner may demand any tolls for the use of

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

I, In respect of the tonnage of all articles conveycd upon the said railway, or any part thereof not in this Act otherwise par- ticularly specified, the rate of Ninepence per ton per mile:

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

per ton per milc:

For every description of carriage, not being a carriage adapted and used for travelling on a railway, and not weighing more than one ton, carricd 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 wlricll any carriage may weigh, Eightpencc per mile.

Tolla for pasamgcm 11. I n respect of passcngers and animals conveyed upon the said

and cattle.

railway in carriages, whether belonging to the said Com-

missioner 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 com-

partment, Thrcepence per mile:

For every horse, mule, ass, or other beast 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 evcry fraction of a mile a full mile may be charged, and that for any shorter distance than threc miles, three miles may be charged.

6, In the said tolls shall be included the toll for the use of

~011s to include use

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

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The Mount Gambicr and h7uracoorte Railway Act.-1884.

than is heretofore stated shall be made therefor: Provided that nothing herein contained shall be construed to prevent an extra chargc bcing made for the use of engines and carriages for special and express trains: Provided also that nothing herein contained shall preclude private individuals from contractmg with the said Commissioner for permission to use their own trucks or carriages upon the said railway.

7. In addition to the prescribed tolls for the conveyance of RegulationsaatotoUs.

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 thc time being for t,he working of the said rsilwiy.

8. The weight of all articles, except stonc and timber, shall bc Weight, ~ O W dote]?-

determined according to the usual avoirdupois weight; with respect eed-

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.

said Commissioner may lawfully demand the tolls following, for parcola. Q. Notwithstanding the rate of tolls hereinbefore prescribed, the TOUB for separate

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

say-

For the carriage of any parcel not exceeding twenty-eight pounds

in weight, not exceeding One Penny per milc each:

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

exceeding Three Halfpence per mile:

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

For the carriagc 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 at he shall think fit:

Provided that a,rticles 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.

small package, shall be carried or conveyed aloug the said railway short distsncee. 10, In all cases where any article, matter, or thing, not being a Fixed sum per tonfor

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

to be demanded or received for the same shall not amount to thc sum	t
of' Three Shillings per ton, the sum to be paid in respect to the carriage thereof shall be Three Shillings per ton. 11, Owners

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The Mount Gambier and l%aracoorte Railway Act.-1884.

Gooda, when t o be

11. Owners or consignees of articles shall remove the same from the station or terminus of their destination on the said railway 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 default of such removal shall be liablc to demurrage at and after the rate of Two Shillings and Sixpence per ton; and furthcr, 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, 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.

removed.

Passengers' luggage. 12, 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, 13, All tolls, rents, dues, charges, and sums of money which may at any time be received and levied under authority hercof, and all rents to arise from any leitse 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 province.

&C.

Annual abstract of	14, The said Commissioner shall, on or before the first day of
accounts to be pub-

lished.	August in every year, prepare an annual account in abstract of the
total receipts and expenditure under authority hereof for the rail- way by this Act authorised to be constracted, from what source soevcr the same may be derivcd, for and during the preceding year ending the thirtieth day of June, under the several distinct heads of
account duly audited and certified by the Treasurer, and also by the receipt and expenditure, with a statement of the balance of the same Commissioners of Audit, and a copy of such account shall be published in the Govmrnent Gazette.

Emmptionfromra&s. 15. The railway by this Act authorised to be constructed shall

be, and is hereby declared to be, exempt from all rates and taxes

whatsoever, whether l ~ c a l or general.

short title. 16. This Act may be cited as thc ''Mount Gambier and Nara-

coorte Railway Act, 1884."

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

this Bill.

WILLIAM C. F. KOBINSON, Governor.

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Adelaide : By authority, E. SPILLER, Government Printer, North-temao.