Northern Railways Act 1864 (SA)

t

ANNO VICESIMO SEPTIb1O ET VICESXIIO OCTAVO

VICTO

No. 20.

An Act to encourage the fornzntion of Railways m r t h w n ~ d s from Port

Augzista, or Port Pntersolz, with U Bmsclh Lim betl~.eetz those

Ports.

[Assented to, 9th Dccmber, 1864.1

Pl'cnllll~l~.

RE AS great public advantage mould arise from thc con-

'V""

struction of rniln-avs north\rwds f\om Port Augusta or Port Paterson, with branches ‘between those ports-l3c it tllerefose

Ellacted by the Goyernor-ili-C3lief of tho l'rovince o i South Aus-

tralia, with t l ~ e advicc and coilsent of the Legislative Co~lncil ant1

l iousc of Assembly of the said I'ruvincc, in this prcscnt l'uliaincnt

asseinbled, as follows:

3T

1. It s l d l bc lawfiil for the Govcnmr, with thc advice and consent ~ ~ ", ' ~, " ~ ~ ~ ~ ~ t ~ ~ ~

of thc Executive Council, within five years after the coming iuto any person or conl-

operation of this Act, to enter into ancl conclude an arrangement with ,fr,,l,,. pnny for fo~olmatiou

any person or company who may be willing to contract to construct

railway for the carriage of passengers and goods bet~vcen Port

nugusts or Port Patersoil, a i d some point to bc fixed as the termi-

nus of such railway northwards, with n branch line between those

ports if necessary, according to the tcrms ancl coliditions licrcin sct

forth: Proviclcd that, on entering into such agreement, the Governor

shail take such security as to him may sccm sufficient to insure that

the same shall Be cluly carried into effect.

2. The agreement, when duly executed, shall constitute the said Terms.

person or company the promoter or promoters of thc undertaking under this Act; and thc: promotes or ~~~~~~~~~s shall, within two years from the date of the said ngrecment, construct and opcn for

public

270 & 28" VICTORIB, No. 20.

Port Auyustn mzd Northern Railway Act.-1 864.

public traffic, and for the carriage of passengers and goods, at least twenty miles of the said railway, and shall, five years from the same (late, construct and open for public traffic a railway for the carriage

of passengers and goods fiorn Port Augosta or Port Paters011 to a

point to be fixed upon, not less tlml one hundred miles north of Port ,Augusta or Port Paterson, as the case may be, with a branch con- necting such ports, if agreed on; the termini and direction or" such railway and branch to be more fully described in a plan to be de- posited in the oflice of the Surveyor-General, and approved of by the Govenior, prior to the time of making the said agreement.

Coubtruction of

3. The rails to be used in thc col~struction of the said railway shall be of iron, and of the weight of not less than thirty-five pounds to the yard; the propelling power shall be horse power or locomotive yngines; the said person or company shall provide passenger trains

ladway.

in sufficient number for ordinary traffk to travel nlong the railway,

from one cnd to the othcr of the line, at least twice every week, at

the rate of not less than eight miles an hour for the whole distance

travellecl, iucluding stoppages (luggage trains excepted); there s l d

also be two weekly trains fbr goods through the whole line.

Public mails, BC, .

4. The said person or coxnpnny shall be bound to provide con- veyances for, and convey all military, police, and other forces, when proceeding on duty, and all public mails arid public stores, or stores belonging to a public department, in the ordinary trains frcc of charge, subject in othcr respects to the Railways Clauses Consoli- dation ~ c t, ; ' No. 7 of 1847; and, in the event of war or civil com- iuotion, the said person or cornpctny shall, on the requisitioii of the Governor, place the wholc of the resources 01 thc railway at his disposal at the charges actually incurred.

Elcctric tclcgray~h. 5, The Governor or such person as shall be duly authorized for

that purpose dmll have power at all reasonable timcs to euter into and upon the said railway, ancl to establish and lay dow11

;L lint of electrical telegraph for Her XIajcsty's Servicc, and to use

the saine without any charge: P~oviclecf. that the work to be done

in laying down such line sllall be done in such a mancer as not to

obstruct the ,working of thc railway.

hilwaq. to bc kept in 6. The said person or C0121p812y shall be bound pt all times to keep

efficient rcpuir.	the said railway, and branches, and whole undertalring in good and efficient rcpair and ~vorking coxidition; ard in case it slmll appear to the Governor, upon the report of any in spec to^, appointed pursuant to tlic 'L Rai1w1.y~ Clauses C'onsolidation Act," Xo. 7 of 1847, that thc works in m y part are not in good and efficient repair and working condition, it shdl be lawful for the Governor, after such notice as to
him shall seem fit and proper, an$ on default by the said person or
conlpaiiy to direct the necessary repairs and works to be performed at the cost of the said person or company, by persons to bc appointed by the Governor in that behalf, and the cost of executing such rcpairs and works, and all charges connected therewith, shall and may be

recovered

!X0 & 2 8 O VICTORIB, No. 20. - - d

Port Augz~tn mad ATorthe,a Bailway Act-1864.'

recovered from thc said person or company, at thc srJt of tlie Crown, before any competent jurisdiction, in like manner, and b y such means as any pcrson aggriewrl or otherwise authorized to sue fbr damages or penalties might employ under the provisions of the said Act.

7. 'I'he said person or company shall be entitled to a grant of the ! $ ~ ~ $ ~ ~ ~ ~ $ o

land traversed by the saicl railway for a breadth of two chains; and, 'be mudc to any person - -

further, to of blocks of hlld equal to four square miks fo;	or company.
every mile in length traversed by the said railway, in contiguity with
the land granted for the said line of railway; each block of land not to exceed twenty square miles in area, and to be in the form of a rectangular paraileiogram, no side of which sliall be of greater length than twice the length of the sllorte~t side, and such blocks shall be taken by thc sad pcrson or company 011 each side of the railway alternately, ancl thcre shall be reserved to Hcr Majesty, Her heirs and successors, on the side of the railway oppositc to cach block selected by the said person or company, a block of at least cqual dirneilsioils to that selected by the said per so^^ or conlpany, such rcscrvecl blocks to be subject to the laws relatiug to the Waste L a d s of thc Crown in the said Proviilce: Provided that all necessary roads, water reserves, and crossings slmll be reservucl and kept open over and through the said railw~y ancl lands at distances not more than five miles apart, for the whole leiigth of the said railway; such crossings to be not less than three chains in width throughout tlie entire width of' land granted; and subject to the above provisions the saicl person or cornpany shall be entitled to grants of land to the

extent of sixty SCJULLYC inilcs on thc completion of every t~venty-five

miles of the said railway; but the pcrson or company shall not bc entitled to any land in ally Government township, except for the pnrjjo~es of the said railway; and the Governor may grant any land at Yort Augusta and Port Paterson to the said person or company, provided thrzt it shall not be more than t.he Governor shall consider sufficient for the purposes of the said railway: Provided that it

shall not be lawful for the person as company afbresaid to receive a	grant of l a d upon which, prior to the agreeincnt for constrllction of
the railway, any irnproremcnts may bavc been made unless upon thc terms that the same shall bc paid for by the person or corn- pany receiving such grant, at a price to be fixed by the Surveyor- General.

S. Before granting any laird to the said person or company all	before grant.
Reserves to be marked

reservcs and crossii~g shall be marked out on the ground by such

person as shall bc duly authorized for that purpose.

9. The " Railways Clauses Consolidation ,4ct," No. 7 of 1847, and the Lands Clauses Consolidation Act," shall be incorporated with and form part of this Act, so far as applicable to the same.

On breach of agree-

10. The Governor, with thc advicc and consent of the Executive Council, may,.on breach of any of the conditions, provisions, or	ment, same may, an
address of Parliament,
be determined, and

stipulations, railway, &C., resumed.

27" & 28" VICTORIX, No. 20.

Port Augusta and ATorthern Railway Act.-l 864.

stipulations, of the said agreement, or of this Act, on address of

both Houses of Parliament, declare the said agreement to be abso-

lutely determined, and thenceforth the said railway, and all works

connected therewith, shall be forfeited to Her Majesty, Hcr heirs

and successors; or in lieu thereof the Governor may impose a penalty on the said person or company, on the addkxs of both Houses of Parliament, to such an amount as by such address may

be suggested.

Short title. I l. This Act may be cited as The Port Augusta and Northern

Railway Act, 1864."

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 Printer, Victoria-square.