Petersburg and Border Railway Act 1884 (SA)

ANNO QUADRAGESIMO SEPTIMO ET QUADRAGESIMO

OCTAVO

A.D. 1884.

No. 328.

An Act to provide for the construction of a Line of

Railway from Petersburg to the New South Wales

boundary.

[Asse~ ted to, Novem bey 1gt4, 1884.1

iREAS it is cxpcdient to provide for the construction of a Preamble.

post on the boundary line between New Soutll Wales and South W"" line of railway from Petersburg to about the 146th mile-

Australia: And whereas plans of the proposed railway, showing the line thereof, together with the book of reference thereto, have been duly prepared and deposited i11 the offices of the Surveyor- General, at Adelaide, and signed '". C. Mais, Engineer-in- Chief "-Be it tlmrefore Enacted by the Governor of the Province of South Australia, with tllc advice and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows:

1, '' The Lands Clauscs Consolidation Act," and an Act, No 26 Incorporation.

of 1855-6, to amend '' The Lands Clauscs 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 the said

Railways Clauses Consolidation Acts, or Lands Clauses Consolidation

Acts, so far as the same arc scvcrally applicable to this Act, shall be

incorporated therewith, and the said Acts shall be read and construed

together accordingly.

Commissioner," may ma.ke and maintain a line of railway from railway. 2, The Cornmissionex of Railways, hereinafter called the said Powerto make

A-328. Petersburg

47' & 48" VICTORIX, No. 328.

The ~ e t e r s b l c i ~ and Border Railway Act.-1884.

Petersburg to about the 146thmilepost on the boundary line between New South Wales and South Australia, together with all proper works and conveniences connected with such railway, as the same is delineated in the said plans so deposited at the offices of the Surveyor-General, at Adelaide, as aforesaid, or as may be delineated in any plans which may hereafter be so deposited, pursuant to any law for the time being in force respecting such deposit of the said plans.

Rate of speed. 3, Trains on this line carrying goods only shall not travel a t a greater rate of spced than twelve miles an hour; arid trains carrying goods and passengers, or passengers only, shall not travel at a greater rate of speed than fifteen miles an hour.

4, The gauge of the said railway shall be three feet six inches,

and the rails to bc used in the construction thereof shall be of	steel,
and of the wcight of not less than forty pounds to the yard.

Powers of Commis- 5, The said Commissioner may demand any tolls for the use of

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

I, In respect of the tonnage of all articles conveyed upon the said railway, or any part thereof not in this Act otherwise particularly 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 frac- tional part of a ton beyond one ton which any carriage may weigh, Eighteenpence per mile:

ToU~ for PMWWJ 11. In respect of passengers and animals conveyed upon the said

and cattle.

railway in carriages, whether belonging to the said Commis-

sioner or otherwise, as follows-

For every person conveyed in or upon any such carriage, being a first-class carriage, or compartment of a carriage, Fourpence per mile:

For every person conveyed in a second-class carriage or compart-

ment, Threepence per mile:

For every horse, mule, ass, or other beast of draught or burden 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 conveyed

in or upon the said railway, One Halfpenny per mile:

Provided always, that for every fraction of a mile a full mile may be

charged

47" & 48' VICTORIE, No. 328.

The Petersjury and Border Roilway Ad-1884.

charged, and that for any shorter distance than three miles, three

miles may be charged.

6, I n the said tolls shall be included the toll for the use of the TOUS to include me of

carriages, and of the engines or other means used for propelling the

power-

carriages on the said railway, and no further charge than is hereto- fore stated shall be made therefor: Provided that nothing herein contained shall be 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 with the said Commissioner for permis- sion to use their own trucks or carriages upon the said railway.

7. In addition to the prescribed tolls for the conveyance of articles, Regulation8 aa to touu

the said Commissioner may charge a reasonable sum for loading and unloading: Provided always that the owners of goods shall be at li,berty to employ their own servants for loading and unloading, subject to the regulations in force for the time being for the working of the said railway.

8, The weight of all articles, except stone and timber, shall be Weight, how dater-

determined according to the usual avoirdupois weight; with respect mined.

to stone a d 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 smaller

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

charged as half a ton.

said Commissioner may lawfully demand the tolls following for parcels. 9, Notwithstanding the rate of tolls hereinbefore prescribed, the TOUS for separate

small packages and single articles of no great weight, that is to

say-

For the carriage of parcels not exceeding twenty-eight pounds in

weight, not exceeding One Penny per mile each:

For parocls cxceeding twenty-eight pounds and not exceeding fifty-six pounds in wcight, not exceeding Three Halfpence per mile each:

For parcels cxcceding fifty-six pounds and not exceeding one hundred and twelve pounds in weight, not exceeding Two- pence per mile each, and not exceeding One Penny per mile each for evezy additional fifty-six pounds in weight:

For the carriage of any one boiler, cyhder, or single piece of machinery, or single piece of timber or stone, or other single article, the weight of which shall 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 separate parcels, such as bags of sugar, coffee, meal, and

the

47' & 48' VICTORIE, No. 328.

The Petersbury and Border Railway Act.-1884. --

the like, shall not be dccmed small parcels, but such term shall apply

only to single parcels in separate packages.

Fixed sumper ton for

short distances. 10. I n all cases where any article, matter, or thing, not being a small package, shall be carried or conveyed along the said railway 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 Thrcc Shillings per ton, the sum to be paid in respect to the carriage thereof shall be Three Shillings per ton.

Goods, when to be 11. Owners or consignees of articles shall remove the same from

removed. the station or terminus of their destination on 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 slid1 be made within six hours &er such hour in the morning, and in default of such removal shall bc liable to deninrrage at and after the rate of Two Shillings and Sixpmce per ton, and further, if not removed after the cxpiration of twenty-four hours, at and after the rate of One Shilling per ton for every twenty-four hours or any part thereof: Provided, nevertheless, that if such articles be not removed from such station or terminus of their destination before the end of one week after their arrival there, the sum of Two Shillings and Six- pence per ton per week shall bc charged and payable in rcspect of such goods for the sarehouse room thereof.

Pasaewere' lwgage. 12. Every passenger travelling upon the said railway may ttke

with him his ordinary luggage, nut exceeding one hundred po~mds

in weight for first-class passengcrs, and sixty pounds in weight

for other passengers, without any cha,rge being made for carriage

thereof.

Appmpriationoftoll~,

&C, 13. All tolls, rcnts, dues, charg~s, and sums of rnonry which

may 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 manner as thc Govcrnor may prescribe: paid
to the ~reasurer for the public purposes of the said province.

Annual abstract of 14. The said Commissioner shall, on or before thc first day of August in every year, prepare an annual account in abstract of total receipts and expenditure, under authority hereof, for the mail- way by this Act authorisetl to be constructed, fiom what source soever the same may be derived, fbr and during the preceding year, ending the thirtieth day of June, under the several distinct heads of receipt and expenditure, with a statement of the balance of the same account duly audited and certified by thc Treasurer, and also by the Commissioners of Audit, and a copy of such account shall be published in the Government Gazetie.

accO""ts	pub"
lished.

E~empt ian~mrabs* 15. The railwayby t h i s i c t authorised t o b e constructed, shall

be

47' & 48" VICTORIE, No. 328.

The Petersburg and Border Railway Act.-1884.

be, and is hereby declared to be, exempt from all rates and taxes

whatsoever, whether local or general.

16. This Act may be cited as '"The Petersburg and Border shorttitle.

Railway Act, 1884."

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

this Bill.

WILLIAM C. F. ROBINSON, Governor.

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Adelaide : By authority, E. S P ~ L E R, G o ~ ~ m m e n t Printer, North-terrace.

B-328.