Nairne and Victoria Railway Act 1882 (SA)

ANNO Q UXDRAGESIMO QUINI'O ET QUADRAGESIRSO

SEXTO

No. 265.

An Act to provide for the construction of a Line of

Railway from Nairne to the Victorian Border.

[Asse~ztm? to, November r 7th, 188r.l

HEREAS it is expedient to provide for the construction of a Premblc.

Line of Railway from Nairnc to the Victorian Border: And whereas plans of the proposed railway, showing the line thereof, together with the book of reference thereto, have been duly prepared and deposited in the offices of thc Surveyor-General, at Adelaide, and signed " H. C. &is, Engineer-in- Chief "-Be it therefore Enacted by thc Govcrnor of the Province of South Australia, with the adricc and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows:

1, The Lands Clauses Consolidation Act," and an Act, No. 26 Tncorporation.

of

1855-6, to amend " The Lands Clauses Consolidation Act," and

The Railways Clauses Consolidation Act," and an Act No. G of

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

other Acts passed, or hereafter to be passed, amending thr said Rail-

ways Clauses Consolidation Act or Laids Clauscs Consolidation Acts, so fir as the same are severally applicable to this Act, shall be incor- porated therewith, and the said Acts shall be read and construed together accordingly.

2, The Commissioner of Railways, hereinafter called c c the to mke

railway.

said Commissioner," may make and maintain a line of railway from Nairne to the Victorian Border, together with all proper works and

265 conveniences

- 45' 8r 46" VICTORIW, No. 265.

The niair?te to the Victorian Border Railway Act.-1 882.

conveniences connected therewith, as thc 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 hereafter be so deposited, pursuant to any lam for the time being in force respecting such deposit of the said plans.

Gwge. 3. The gauge of the saicl railway shall be five feet three inches,

4 and the rails to be used in the construction thereof shall be of steel, and of the weight of not less than sixty-one pounds to the yard.

Powers of

Commissioner. 4, The said Commissioner may demand any tolls fur the use of

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

Tolls.

I. I n respect of the tonnage of all articles conveycld upon the said

railway, or any part thereof, not in this Act otherwise par-

ticola~ly spcrifird; the rate of Xirlepence per ton per mile:

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

Shilling per ton per mile: S

For every description of carriage, not being a carriage adaptcd and used for travelling on u i dmay, and not weighing more than orlc ton, carried or conveyed on a trunk or platform, One Shilling and 'I'hrecpcnce per ndc!; and for any ton or fractional part of n ton beyond one ton which m y carriage may weigh? Eightpcncc per mile.

forpassen~crs 11. I n respcct of passengers and animals conwycd upon the said railway in carriagcs, whether belonging to the said Com- missioner or othcrwise, as fo110\~~--

and cattle.

-7

r or every person conve)-ed in or upon any such carriage, being

a first-class carriage, or compartmc~lt	of' a cxrriagc, l.'oilrpence
per wile:

For every horse, mulc, ass, or other l m s t of dmugllt or burden conveyccl upoil the saicl railway, Sixpcnw per mile; anrl for every ox, cow, hll, or neat cattle so cnr~rej ed, :l'wopmce per mile:

For cverp calf, shcep, lanzb, pig, or other small animal col,- veyeil in or upoil the said rail~vay, '.he Halfycmy per mile:

Providcd always, that for every fraction of a. mile n full mile may be charged, and that for any shorter distance than three milcs, threc miles may be charged.

Tolls to include use

ot motive power.

5, In the mid tolls shdl be inchded thc toll for the usc of

the carriages, and of the cngines or othcr means u s d for propelling

the carringcs on the said rn.ilmny, mu1 no furt11c;r charge than is

licrctofore stated shall bc ~ r t d c thcrcfor: Yrovidcd that nothing

herein

45' & 46" VICTORIA?, No. 265

herein contained shall bc 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 wit11 the said Commissioner fbr permission to use their own trucks or carriages upon the said railway.

6, I n addition to the prescribed tolls for the conveyance of Regulationsastotolls.

art ides, the said Conlmissioncr may charge a reasonable sum for loatling and un10;tdiiig: Yrovided always that the owners of goods shall l x at liberty to employ their own servants for loading and unloading, subject to the icg~ilations in force f o r thc timc being for

the w o ~ l ~ l i g ui' thc said railway.

7, The weight of a11 articles, except stone and timbcr, shall be Weight,howdeter-

determined according to the usual avoirdupois weight; with l espect mined.

to stone and tinibcr, fourtreli cubic feet of stone, and forty cubic

fcct of llard wood, and fifty cubic feet of other timber, shall be

deemed onc ton weight, and so on ill proportion for any snialler

quantity: Provided that any less quantity than half a ton inay be

charged as half a ton,

8, Notwithstm~ding thc rate of tolls hereinbefore prescribed, the '011s for serarate

parcels.

said Coinniissioner may lawfully dc.rnanc1 tllc tolls f o l l o~v in~ for

0 '.

small packages and single articles of 110 great weight, that i s to

say-

For thc: carriage of ally parcel not cscrcding twenty-eight pounds

in w~igh t, not excperling One Penny per mile each:

For any pwwl not cscecdirlg fifty-six po~xnrls in weight, not cx-

ceecliug 'l'l~rce Halflmce per milo each:

For anv parc'c:l not escerding one hnndrcrl ancl twelve pounds in esccsding Out! P c m y re^ mile each for every additional	weight, not exceeding Twopence per mile each; and not
fifty-sis pouncls in weight:

For the ca~riage of m y one boiler, cylinder, or single piece of

machinery, or single piece of timber or stone, or other single article, thc wcight of which shall cscecd four tons, the said Commissioner may clemsnd such sum as hc shall think fit:

Provided that nrticlcs scnt in large aggrogatc quantities, although made up of several parcels, such as bags of sugar, coffee, meal, and the like, shall not be deemed small parcels, but such terms shall apply only to single parcels in separate packages.

9. In all cases where any article, matter, or thing, not being a Fired sum per ton

small package, shall be carried or conveyed along the said railway	d'"ces.
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 the sum of Thwe Sldlings per ton, thc sum tu be paid in respect to the carriage thcrrof shnll bc: Thrcc Shillings per ton.

10, flwners

4 45' & 46O VICTORIE, No. 265.

The Nairne to the TTiciorian Border Railuwy Act.-1 882.

Goods, when to be

removed. 10, Owners or consignees of articles shall remove the same from

the station or terminus of their destiliation on the said railway within twelve working hours after their arrival thcrc, lxnlcss such arrival shall bc 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 further, if not renioved 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, nevcrthelcss, that if such articles bc not rcrnovcd from such station or terminus of their destination beforc 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 w a g e - 11. Every passenger travelling upon the said railway rnay 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,

Ap~ropriatioll of tolls, 12, All tolls, rents, dues, charges, and sums of moncy which may

&c.	at any time be received and levied under authority hereof, and all rents to arise from any lease of the said railway, shall be, from time to time, in such mnnncr as the Govcrnor may prescribe, paid to thc Trcasurcr for the public purposcs of thc said province.
Annual abstract of

aocounts to be pub- 13, The said Commissioner shall, on or before the first day of

lished.

August in every year, prepare an annual account in abstract of thc total reccipts and expenditure under authority hereof for the rail- way by this Act authorised to be constructed, from what source soever the same mav be derived, for and during the preceding year

receipts and expenditure, with a statement of the balance of the ending the thirtieth day of J m e, under the several difitinct heads of same account duly audited a d certified by the Treasurer, and also

by the Auditor-General, and a copy of such account shall be pub-

lished in the Government Gazette.

Esemptionfromrates.

14. 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 local or general.

Short title. 15, This Act may be cited as "The Nairne to the Victorian

Border Railway Act, 1882."

In thc namc and on bchalf of Her Majesty, I hereby assent to

this Bill.

WM. F. DRUMMOPL'D J ERVOIS, Governor.

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Adelaide : By authority, E. SPILLER, Government