Northern Railway Act 1867 (SA)

ANNO TRICESIMO PRIM0

A. D. 1867.

No. 22.

An Act to encourage the ,formation of a Line of Railway norihuwds .

from Port Augustu by means of a Government Guarantee of Interest on the Capital ezpended in the formation of such Line of Railway.

[Assented to, 19th December, 1867.1

W HEREAS great public advantage would arise from the con- Preamble-

struction of a line of railway northwards from Port Augusta, and it is expedient, for the purpose of encouraging the conshuction of such a line of railway, that the Government of the Province of South Australia should be authorized and empowered to guarantee to any person or company undertaking the construction thereof interest on the amount of capital expended by such person or company in such construction, such interest not exceeding the rate of Five Pounds per centum per annum on the amount so expended, and such guarantee not extending over a period exceeding thirty years-

SD

Be it therefore Enacted, by the Governor-in-Chief of the Pro- vince of South Australia, with the advice and consent of the Legis- lative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:

1. This Act may be cited for all purposes as The Port Augusta short T i e.

and Northern Railway Act, 1867."

2. cc The Port Augusta and Northern Railway Act, 1864," is -al.

hereby repealed. $

3 G The Railways Clauses Consolidation Act," No, 7 of4	1847	I n c o ~ r a t i o a
and,

W

91" VICTORIB, No. 22.

The Port Augusta and Northerrs Railway Act.-1867.

and The Lands Clauses Consolidation Act," No. 6 of 1847, shall be incorporated with and form part of this Act, so far as applicable to the same.

Governor may enter

into agreement with 4. I t shall be lawful for the Governor, with the advice of

porson or company	the Executive Council, within three years from the passing of
for construction of
rdwsy.	this Act, to enter into an agreement with any person or company who may be willing to contract for the construction of a railway under the provisions of this Act; and such agreement, when duly executed, shall constitute the said person or company the promoter or promoters of the undertaking under this Act: Provided that, on entering into such agreement, the Governor shall take such security as to him may seem sufficient to ensure that the same shall
be duly carried into effect.
Terrn80f m h agres*
m a t.	5. Any agreement to be made and entered into by the Governor as before mentioned shall contain the following stipulations and
provisions; that is to say-
Railway to be con-

rtruated according to I, The said person or company shall, within six years of

plaa before expiration	the date thcreof, make, construct, and open for public
of six years.	traffic, for the carriage of passengers and goods, a line of railway, adapted for the use of lbcomotive engines the propelling power to be used on which may be either horse-power or locomotive engines, with all necessary ap- purtenances, from Port Augusta to a point to be fixed by such agreement not being less than two hundred miles to the northward 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, at Adelaide, prior to the time of making the said agreement, such plan to be approved of by the Governor and referred to in the said agreement:
Oort not to exceed

$2,760 pcrr milo.	rr. The maximum amount of capitd to be expended in the construction of the said railway shall not exceed Three Thousand Seven Hundred and Fifty Pounds for, every	mile:
Leure of landa to be

granted for ninety-	111. All waste lands of the Crown required for the purposes of the constmction of the said railway, and the necessary stations and other buildingo connected therewith, shall be demised by the Governor to the said person or company for a term of ninety-nine years, at a rent of Twenty Shillings per annum, with s right of renewal for a further term of ninety-nine years at a like rent; and the said line of rail- way, and all works connected therewith, shall be free and exempt from aJl rates, taxes, and charges whatever:
nine yoarr.
xv. The gauge of the said railway shall be five feet and three inches, and the rails to be used in the construction thereof shall be of iron and of the weight of not less than forty pounds to the yard : V. Plans,

31" VICTORIB, No. 22. 175

The Pwt Augu,ota and Northern Rtzilway Act.-1 86 7.

v. Plans, specifications, and estimates of aU works con- P+s to 6

rnltted to Governor,

nected with the construction of the said railway and the ,,d raaw, tobe

works connected therewith shall be submitted to the m n a t m d u n h eupervision o f

Governor, and shall be approved of by him before such IJ oyernment.

works shall be carried out; and the Governor shall have

the power to appoint an oscer to inspect the said works

in the course of construction:

vl. The mid person or company shaU be bound to provide pas- Trains tobe provided.

senger trains, in su~tcient 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, in-

eliding stoppages (luggage trains excepted), and there

hall also be three weekly trains for goods through the

whole line:

vrr. The said person or company shall be bound to provide Muik and publia

forces, when proceeding on duty, and all public mails,	conveyances for, and convey all military, police, and other s2df:;;"
in the ordinary trains free of charge, subject in other
respects to " The Railways Clauses Consolidation Act," No. 7 of 1847; and, in the event of war or civil commotion, the said person or 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:

VIIL The Governor, or such person as shall be duly autho- G o r e r n 0 r m a ~ l a ~ down and use tcle-

rized for that purpose, shall have power at all reasonable gaph.

times to enter into and upon the said railway, and to

establish and lay down a line of electric 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:

rx. The scale of tolls to be received by the said person or ~ ~; ~ ~ ~ ~ ~; ~;

company, for the carriage of passengers or goods, shall be

fixed by the Governor, with the advice aforesaid, on the

second day of January in every year:

n. The Governor shall have power to appoint an officer, and G overnor to appoint

ex oflcio director ; hir

from time to time to remove- such officer and to appoint powers.

another in his stead, who shaU be an ex oflcio director, and

shwU have a seat at the Board of Directors, or other

governing body of the eaid company, in case the said rail-

" way hall be constructed by a company, and who shall

exercise supervision and control over the said person or

company, and the works, contracts, accounts, bylaws, acts, proceedings, transactions, and affairs of the said person

or company, including a right of veto:

XI, The said person or company shall furnish to the officer Montnle return to furniehed by corn-

to be appointed for that purpose by the Governor, monthly pa"p.

returns

310 VICTORIX, No. 22,

- -

The Port Augasta and Northern Bailwtxy Act-1867.

returns of all the tolls, receipts, and profits of the said railway, and the said officer may take such measures

as he may deem necessary for the purpose of testing the

accuracy or otherwise of such returns, and for that pur- pose such officer, and also such persons as he may authorize in that behalf, shall have full power and autho- rity to examine all the books, vouchers, papers, tickets, and documents of the said person or company in reference to the said line:

Moneys remived by

company to be paid	xrr. All moneys received by the said person or company, after
into Treasury

monthly.	paying thc working expenses of the said line of rail- way, nhall be paid into- the Government Treasury, at Adelaide, on the first day of each month, to the credit of the said person or company:
Accounts of company

to be audited every xrn. Once every six months such persons as may be ap-

o h monthe, pointed for that purpose by the Governor, shall audit the books of such person or company, and test and verify all the returns to be rendered as aforesaid, and the balances paid into the Treasury, and generally verify the accounts of such person or company as exhibited by such books, and for the purposes of such audit such persons may call for any such information, books, papers, vouchers, or other documents as they may consider necessary, all of which such person or company shall be bound to furnish or supply, if it is in his or its power to do so; and the said person, or the Manager or Chairman of the Board of Directors of thc said company, shall be bound, if required, to make a solemn statutory declaration as to the total tonnage of all goods, and the total number of all passen- gers carried over the linc, and the gross amount of all tolls received during the preceding six months:

On opening of every xrv. On the thirty-first day of December or the thirtieth day

ten miles of railway,
Treaeurer oa capital
intereat to b9 paid by	of June next following the completion of every ten miles
expended.	of the said railway to the satisfaction of the officer to be appointed by the Governor as before-mentioned, and on such portion of the line being declared open for traffic, the Treasurer shall pay to the said person or company such a sum of money as, together with the net receipts realized from the working of the said line of railway or the portion thereof so declared open, shall be equivalent to interest at the rate of Five Pounds per centum per annum from the time of such portion of the said railway being so declared open for traffic on the total amount of capital bona $tie
expended in the construction of such portion of railway and the works connected therewith, but so that such amount shall not exceed an average of Three Thousand Seven Hundred and Fifty Pounds for each mile:

fateteat to be paid XV. Such payments of interest shall continue to he made on

U - y early.

the thirty-first day of December and the thirtieth day of

June

31" VICTORIIE, No. 22.

The Port Augu~ta and Northern Builw ay Act.- 1867.

June in every year (except as hereinafter mentioned), and at the time of making such payments the said Treasurer shall also repay to the said person or company all moneys paid into the Treasury by such person or company as here- inbefore mentioned:

XYI. If on any thirty-first day of December or thirtieth day If net receipts e x 4

of June the net receipts realized by the said person or capitalexpeoded,	five per cent. on
company during the preceding six months from the working	moiety of exccae to be
paid to Treasurer.
of the said line of railway, or the portion thereof then open, shall exceed a sum equivalent to Five Pounds per centum per annum on the amount of capital expended in the con- struction of the said line of railway, or such portion as may be open, then, in case the Treasurer shall at any time have paid any moneys to the said person or company upon the guarantee hereinbefore mentioned, he shall deduct one- half of the amount so in excess towards the liquidation of the amount so previously paid by him, and shall pay over the other moiety of such excess to the said person or com- pany, but in case there shall be nothing due to the Govern- ment on account of such guarantee, then the whole of such net profit shall be paid to such person or company:

XVII. The liability of the Government under the said agree- Liability on guarantee

rnent, for payment of interest under the guarantee tioo	to cease after erpira-
before-mentioned, shall absolutely cease and be determined at the expiration of thirty years from the time when the first ten miles of the said line of railway is declared open for traffic:

XVIII. The Governor may at any time before or after the Governor may pur-

expiration of the said period of thirty years, upon giving $ ~, " ~ ' ~ ~ ~ ~ ~ w

to the said person or company twelve months' notice notioo.

in writing of such being his &si& purchase the said line

of railway and works, paying for the same such a sum as	may be determined by the valuation of two indifferent
persons, one to be chosen by the Governor and one by such person or company, with power to such valuators to appoint an umpire in case of disagreement, but so that such valuation shall not include the value of the land demised to such person or company for the purposes of the railway, the lease of which shall, on the purchase of such railway and works, become absolutely void and of no effect:

And the said agreement shall also contain all euch provisions and

stipulations in relation to the matters aforesaid, and any of them, and

in relation to the said railway and the encouragement and promotion thereof, and the eventual or contingent transfer of the same or any

part thereof to the Government as the. said Governor, with the advice aforesaid, and the said person ur company shall respectively

think fit and agree upon.

6, The

8 E

31" VICTORIiB, No. 22.

The Port Augusta and Northern Railway Act.-1867.

C)ov(rmor authorired

60 dernire lnndn	6. The said Governor shall have full power, and he is hereby of the Crown as may be xequired for the purposes of the said line of railway and the works connected therewith for the term and at the rent hereinbefore mentioned, anything in the Waste Lands Act," No. 5 of 1857, to the contrary notwithstanding.
required for ra i lw~~. .	authorized, to demise to such person or company such waste lands
y l w a y to be k~ in	7. The said person or company shall be bound at all times to keep the said railway, and branches, and whole undertaking in good and efficient repair and working condition; and in case it shall appear to the Governor, upon the report of any inspector appointed pursuant to The Railways Clauses Consolidation Act," No. 7 of 1847, that the works in any pmt 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 person or company to direct the necessary repairs and works to be performed at the cost of the said person or 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 there- with shall and may be recovered from the said person or company at the suit of the Crown before any Court of competent jurisdiction
e oient repair.
in like manner and by such means as any person aggrieved or other-
wise authorized to sue for damages or penalties might employ under the provisions of the aaid Act.
Rule to shoK O ~ I M	8. If the said person or company shall be guilty of any breach of ment or of this Act, the Attorney-General may, when and so often as any such breaches may hap<en, apply to the Supreme Court of the said Province for a rule, which shall be granted as of course, calling upon the said person or company to show cause, on a day to be mentioned in such rule, why the said agreement should not be
whya~eement8h0dd	not be reecinded.	any of the conditions, provisions, or stipulations of the said agree-
rescinded, and why any lease or leases which may have been granted in pursuance hereof should not bc declared fbrfeitsd upon such grounds as may be set forth in such rule, and such rule may be
served upon the said person, or the manager, or other person having the management of the affairs of the said company in the said Pro- vince el'ther personally or by leaving the same at the last known place of business of such person or company in the said Province, and being so served or left as aforesaid such rule shall be deemed for all purposes to have been duly served on such person or company, as the case may be.
Court may declare	9. If, on the hearing of such rule, the Court shall be satisfied, either by affidavit or otherwise, that the said person or company has been guilty of any of the breaches of the conditions, provisions, or stipulations of the said agreement, or of this Act, set forth in the said rule, the said Court may and is hereby authorized and empowered to order and declare such agreement to be rescinded, and such lease or leases to be forfeited, and thereupon (except as hereinafter mentioned) such agreement and lease or leasea ahall

-meat	reminded
forfeited,

become

3l0- V ICTORIB, No. 22.

The Port Augusta and ATortlzern Pmilzuay Act.-1 867.

become absolutely null and void and thenceforth the said railway

and all works connected therewith shall be forfeited to Her Majesty,

Her heirs, and successors: Provided that the Court, upon the hear- ing of any such rule, may, if it shall consider that the justice of the case would be met by so doing, instead of ordering the rescission of

the said agreement, and the forfeiture of the said lease or leases as

aforesaid, order the saici person or company to pay to the Treasurer such a sum of money as the said Court may consider reasonable, by way of penalty, for the breach of any of the conditions, provi- sions, or stipulations of the said agreement or of this Act: And the said Court may also make such order, as to the costs of the proceedings, as it may think fit: And any order so to be made for

the payment of any sum of money, or costs as aforesaid, may be

enforced in the same manner, as may for thc time being be provided

for the enforcement of decrees and orders of the said Court in its

equitable jurisdiction.

10. The said Court may from time to time adjourn the hearing of Court may ad'ourn

any such rule to show cause as aforesaid, and may give to such person map dh& hsuer.	hearing of rule end
or company such time as to the Court may secm reasonable, for the purpose of enabling such person or company to file such affidavits
as may he considered necessary in opposition to the ground set forth in the said rule, and any affidavits that may have been filed in
support thereof, and may also allow f ~ ~ r t h e r time to the Attorney- General to file any affidavits in reply as to the Court may seem expedient; and the said Court may also, if it shall see fit, direct the truth of the grounds set forth in the said rule to be decided other- wise than by affidavit, and for that purpose may direct one or more issue or issues to be tried by a jury in the like manner as issues directed by the Court in its equitable jurisdiction are tried.

11. If the said Court shall order the said agreement to be re- Governor, onaddrw of both Houses, may

scinded, and the said lease or leases to he forfeited as hereinbefore ,~,,	forfeituro.
mentioned, it shall nevertheless be lawful for the Governor, with the	advice of the Ebecutive Council, on the adclress of both Houses of
Parliament, to waive such rescission and forfeiture, upon the pay- ment of such sum or sums of money, and upon such other terms and conditions as by such address may be suggested; and, upon pay- ment of such sum or sums of money, and compliance by such person
or company with such other terms and conditions as aforesaid, the said agreement and lease or leases shall be of the like force and effect as if such order of the Court had not been made.

In the name and on behalf of the Queen I hereby assent to

this Act.

D. DALY, Governor.

.-

Adelaide : Printed by authority by W. C. COX, Government Printor, Viabriwrquare.