Palmerston and Pine Creek Railway Act 1883 (SA)

ANNO QUADRAGESIMO SEXTO ET QUADRAGESIMO

SEPTIMO

A.D. 1883.

No. 284.

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

from Palmerston to Pine Creek,

[Asseded to, October 26th, 1883.1

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

plans of the proposed railway, showing the linc thereof, together m line of railway from Palmerston to Pine Creek: And whereas	with the book of reference thereto, have been duly prepared and
deposited in the offices of the Surveyor-General, at Adelaide, and signed U E. C, Patterson. Deputy Enginccr-in-Chief "-Be it there- fore Enacted by the Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows:

way. niences connected therewith, as the same is delineated in the said plans

1, " 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 Consolidation Act," and an Act, No. 6 of 1858, to amend 'L The Railways Clauses Consolidation Act," and all other Acts passed or hereafter to be passed amending the said Rail- ways Clauses Consolidation Act or Lands Clauses consolidation Acts, so far as the same are severally applicable to this Act, shall be incorporated therewith, and the said Acts shall be rcad and con- strued together accordingly.

2, The Commissioner of Railways, hereinafter called " the said Power to make rail-

Commissioner," may make and maintain a line of railway from

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Pa herston and Pine C~eek Railway Act.-l 883.

plans so deposited at the offices of the Surveyor-General, at Adelaide, as aforesaid, or as may be delineated in any plans which may here- after be so deposited, pursuant to any law for the time being in force respecting such deposit of the said plans.

Gauge. 3. The gauge of the said railway shall be tbrec feet six inches,

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

and of the weight of not less than forty-onc pounds to the yard.

Powers of

Commissioner. 4. The Commissioner may demand any tolls for the use of the

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

Tolls.	I.	In respect of the tonnage of all articles conveyed 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 mile:

For every description of carriage, not being a carriage adapted and used for travelling on a railway, and not weighing more than one ton, carried 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 which any carriage

may weigh, Eightpence per mile:

and cattle. railway in carriages, whether belonging to the said Com- ~o~sfarpassengers 11. In respect of passengers and animals conveyed upon the said

missiorier or otherwise, as follows-

For every person conveyed in or upon any such carriage, being

a first-class carriage, or compartment ofva carriage, Fourpcncc

per mile:

For every person conveycd in a second-class carriage or corn-

partment, Threepence per mile:

For every horse, mule, ass, or other beast of draught or burcleii 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, Onc Halfpenny pcr 111ile: Provided always, that for every fraction of a mile s fill1 mile may be charged, and that for any shorter distance than threc miles, three miles may be charged.

TOUS to include use 5. In the said tolls shall be included the toll for the use of

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 is heretofore stated shall be made therefor: Provided that nothing herein contained shall bc construed tu prevent an extra charge being made for the use of engines and carriages for special and

express

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Palmerston and Pine C'reek Railway Act.-1883,

express trains: Provided also that nothing herein contained shall preclude private individuals from contracting with the said Com- missioner for permission to usc their own trucks or carriages upon the said railway.

articles, the said Commissioner may charge a reasonable sum for tolls. 6. In addition to the prescribed tolls for the convcyancc of Regulations as to

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 forcc for the time being for the working of the said railway.

7. The weight of all articles, except stone and timber, shall bc Weight, how deter-

determined according to the usud avoirdupois weight; with respect mined,

to stme 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 smallev

quantity: Providcd that any less quantity than half a ton may be

charged as half a ton.

said Commissioner may la~vf'ully demand the tolls following, for parcels. 8. Notvithstagding the rate of tolls hereinbefore h re scribe cl, the Tolls for w a ~ ~ t e

small packages and single articles of no grcat weight, that IS to

say-

For the carriage of any parcel not exceeding twent y-eight pounds

in weight, not exceeding One Penny per mile each:

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

ceeding Three Halfpence per mile each:

For m y parcel not exceeding one hundred and twelvc pounds

in weight, not exceeding Twopence per mile each; and not

exceeding One Penny per mile each for every additional

fifty-six pounds in weight:

For the carriage 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 s h l l exceed four tons, the said Commissioner may demand such sum as he shall think fit:

Provided that articles sent in large aggregate quantities, although made up of separatc parcels, such as bags of sugar, coffee, meal, and

the like, shall not he deemed small parcels, but such term shall

apply only to single parccls in separate packogcs.

small package, shall be carried or conveyed along the said railway short distances. 9. In all cases where any article, matter, or thing, not being a Fkea sumper ton for

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 Three Shillings per ton, the sum to be paid in respect to the

carriage thereof shall be Three Shillings per ton.

10. Owners

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Palmerston and S i n e Creek Railway Act.-1883.

Goods, when to be

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

the station or terminus of thcir destination oo 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 afid after the rate of Two Shillings and Sixpence per ton; and further, if not removed after the expiration of twenty-four hours at and after the rate of

One Shilling per ton for every twenty-f our hours or any part thereof:

Provided, nevertheless, that if such articles be not removed from such station or terminus of thcir destination beforc the cnd 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.

Paseengers' luggage.	11, 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.
*ppropriationof	$C.	12. All tolls, rents, dues, charges, and sums of money which may at any time be received and levied under authority hereof, and dl xents to arise from any lease of the said railway, shdl be, from time to time, in such manner as the Governor may prescribe, paid to the Treasurer for the public purposes of the said province.
Annual abstract of

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

lished.

August in every year, prepare an annual account in abstract of the totd rcccipts ikd cxpenditu~e under authority hereof for the rail- way by t h s Act authorised to be construct~d, from what source soever the same may be derived, for and during the preceding year,

receipt and expenditure, with a statement of the balance of the same ending the thirticth day of June, under the several distinct heads of

account duly andited and certified by the Treasurer, and also by the Commissioners of Audit, and a copy of such account shall be pub- lished in the Government Gazette.

Exe~~tionfmmnrtes.

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.

S Short title. 15. This ,4ct may be cited as the " Palmerston and Pine Creek

Railway Act, 1853."

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

this Bill.

WILLIAM C. F. ROBINSON, Governor.

..,

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