Northern Railway Act 1862 (SA)

ANNO VICESIMO QUINTO ET VICESINO SEXTO

VIC R I B REGINB.

A. D. 1862,

No. 28.

[Assented to, 21st Octobcr, 1862.1

TTRREAS grcat public advantage would arise from the con- Preamble.

struction of a railway from Port Augusta to some point nort,h of the said Pfort-Be it therefore Enacted, by the Governor- in-Chief of the Province of South Australia, with the ndvicc and consent of the Legislative Council and ITouse of Assembly of the said Province, in this present Parliarrmlt assembled, as follows:

1. It shall be lawful for the Governor, with the advice and 22~~2e~~~t' ,"${

consent of the E s e c ~ ~ t i w Council, within five years after the pass- companv for fcrrna-

ing of this Act, to enter into aid conelurk a; a~rangernent k t h	""'v.
any company of' individuals who may bc willing to contract to con- struct tl, railway for the carriage of passengers, merchnndize, and prodnce betwccn Port Augusta. and same point to be fixed in such agreement as thc terminus of such railway northvarcls, according to the terms and conditions herein set forth.

2. The agreement, when duly executed by the contracting parties or Terms.

their representatives, shall cuilstitute the said company the promoters of the undertaking under this Act; and the promoters shall, within two years from the date of the said agreement, constrtlct and opm at least t ~ ~ e n t y milcs of the said railway, and shall, five years from the same date, construct and open for public traffic a railway for the carriage of passengers and prodnce from Port Augusta to a point to be fixed upon, not lcss than one hundred miles

2 8 north

north of Port Augusta, the termini and direction of such railway to

be more fully described in a plan to be deposited in the office of the

Surveyor-General prior to the time of making the said agreement.

Construction of

railway.	3. The rails to be used in the construction of the said railway shall be of iron, and of the weight r~f not less than thirty-five pounds to the yard; the propelling power shall be horse power or locomotive engines; the said company shall provide passenger trains in suffi- cient number for ordinary traffic to travel along the railway, from one end to the other of the line, at least twice every week, at the rate of .not less than eight miles an hour for the whole distance travelled, including stoppages (luggage trains excepted); there shall aho be two weekly trains for goods through the whole line.
Public mails, &c,	4. The said company shall be bound to provide conveyances for, and convey all military, police, and other forces, when proceeding on duty, and all pu5lic mails and public stores, or stores belonging to a public department, in the ordinary trains free of charge, subject in other respect3 to the Railways Clauses Consolidation Act," No. 7 of
1847; and, in the event of war or civil commotion, the said Company
shall, on the requisition of the Governor, place the whole of the resources of the railway at his disposal at the charges actually incurred.
Electrio telegraph,	5, The Government shall have power at all reasonable times to enter into and upon the said railway, and to establish and lay down
a line of electrical telegraph for Her Majesty's Service, and to use the same without any charge: Provided that the work to be done in laying down such line shall be done in such a manner as not to
obstruct the working of the railway.

to be in

rffioient repair.! 6. The said company shall be bound at all times to keep the said railway, and branches, and whole undertaking in good and efficient i repair and wor lhg condition; and in case i t shdl appear to the Governor, upon the report o f any inspector, appointed pursuant to the

Railways Clauses Consolidation Act," No. 7 of 1847, that the

work8 in any part are not in good and efficient repair and working condition, it shall be lawful for the Governor, after such notice as to him shall seem fit and proper, and on default by the said company, to direct the necessary repairs and works to bs performed at the cost of the said Company, by persons to be appointed by the Governor in that behalf, and the cost of executing such repairs and works, and all charges connected therewith, shall and may be recovered from the said company, at the suit of the Crown, before any competent jurisdiction, in l i e manner, and by such means as any person aggrieved or otherwise authorized to sue for damages or penalties might employ under the provisions of the said Act.

a:	Qrent of ltinds ad.
acent to railway to 7. The said company shall be eptitlcd to a grant of the land
F	i, e made to company. traversed by the said railway for a breadth of two chains; and, further, to grants of blocks of land equal to two square miles for every

every mile in length traversed by the mid railway, selected on either side of the said railway, and in contiguity with the land granted for the said line of railway; such blocks of land not to exceed twenty square miles in area, and to be in the form of a rectangular parallelogram, no side of which shall be of greater length than twice the length of the shortest side: Provided that all necessary roads, water reserves, and crossings shall be reserved and kept open over and through the said railway and lands at distances not more than five miles apart, for the whole length of the said railway; such cross- ings to be not less than three chains in width throughout the entire width. of land granted.

8. Before granting any land to the said company such reserves and Reearves tobe marked

crossings shall be marked out on the ground by the Government. before grant.

9. The " Railways Clauses Consolidation Act," No. 7 of 1847, and Incorporation of

the Lands Clauses Consolidation Act," shall be incorporated with Ordinances.

and form part of this. Act, so far as applicable to the same.

10. Nothing in this Act contained shall be deemed to affect or Saving rights of the

apply to any right, title, or interest of Her Majesty, Her heirs, or successors, or of any body or bodies politic or corporate, or of any person or persons other than and except such bodies politic or cor- porate and persons as are mentioned in this Act, and those claiming by, from, or under them respectively.

11. The Governor, with the advice and consent 'of the Executive ~ $ ~ ~ ~ ~ ~ ~ t

Council, may, on brpach of any of the conditions, provisions, or nddrees ofPwiiame~t,	be detcrmi~ed,	and
stipulations, of the said agreement, or of this Act, on address of both 13ouses of Parliament, declare the said agreement to be abso- lutely determined, and thenceforth the said railway, and all works connected therewith, shaU be forfeited to Her Majesty, Her heirs, and suc,cessors,

12. This Act may be cited as '' The Port Augusta and Northern Short title.

Railway Act, 1862."

I11 Her Majesty's name I assent; to t h i~ Bill.

D. DALY, Governor.

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