Port Adelaide and Gums Railway Act 1876 (SA)

ANNO TRICESIMO NON0 ET QUADRAGESIMO

VICTORIiE REGINE.

A.D. 1876

No. 26.

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

Augusta to Govermzent Gums.

[Assented to, 27th July, 187'6.1

THEREAS it is expedient to provide for the construction of cn Preamble.

m And, whereas plans of the proposed Railway, showing the line Line of Railway from P o ~ t Augusta to Government Gums:

thereof, together with the book of reference thereto, have been duly prepared and deposited in the offices of the Surveyor-General, at Adelaide, and signed " H. C. Mais, Engineer-in-Chief "-Be it therefore Enacted by the Governor of the Province of South Aus- tralia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:

lineated in the said plans so deposited at the offices of the Surveyor-General at Adelaide as aforesaid, or as may be delineated in

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 The Railways Clauses Consolidation Act," so far

as the same are severally applicable to this Act, shall be incor-

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

together accordingly.

2. The Commissioner of Railways, hereinaftex called cc The said Powerto make Rail-

way'

Commissioner," may make and maintain a Line of Railway from works and conveniences connected therewith, as the same is de-

39" & 40" VICTORIB, No. 26.

Port Augusta and Government Gums Kailway Act.-1876.

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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 carrying goods, or goods and passengers, shall not travel at a greater rate of speed than fourteen miles an hour; and trains carrying passengers only shall not travel at a greater rate of speed than twenty miles an hour.

(tauge.

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

and the r h s to be used in the construction thereof shall be of

iron, and of the weight of' not less than forty pounds to the yard.

of

moner. 5. The said Commissioner may demand any tolls for the use of the said Railway, not exceeding the following, that is to sa,y-

Tolls. r. In respect of the tonnage of all articles conveyed upon the said Railway, or any part thereof not in this ,4ct 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 evcry description of carriage, not being a carriage adapted and used for travelling on a Railway, and not weighing more than one ton, carried or conveycd on a truck or platform, One Shilling and Thcepence per mile; and for any ton or fractional part of a ton beyond one ton which any carriage may weigh, Eightpence per mile,

TO^ for passengers 11. In rcspect of liassen,ners and animals conveyed upon the

and cattle.	said ltailway in carriages, whether belonging to the said
Cornmissione~ or otherwise, as follows-

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

Foraevery person conveyed in a second-class carriage or com-

partment, Threepence per mile:

For every horse, mule, ass, or other beast of draught or burden conveyed upon the said Railway, Sixpence per mile: and far every ox, cow, bull, or neat cattle so conveyed, Twopence per mile:

For evcry calf, sheep, lamb, pig, or other small animal con-

veyed in or upon the said Kailway, One Halfpenny per mile:

Provided always, that for evcry fraction of a mile a f d l mile may

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

miles may be charged.

Tolla to include W	6. In the said tolls shall be included the toll for the use of 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
of motivo POWW

nothing

39" & 40" VICTORIB, No. 26.

Port Augusta and Government Gums Railway Act.-1876,

nothing herein contained shall be construed to prevent an extra charge being made for the use of engines and carriages for special and exprcss trains: Provided also that nothing herein contained shall preclude private individuals from contracting with the said Commissioner for permission to use their own trucks or carriages upon the said Railway.

7. In addition to the prescribed tolls for the conveyancc of articles, Eglation8 to

the said Commissioner may charge a reasonable sun1 for 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 force for the time being for the working of the said Itailway.

8. The weight of all articles, except stone and timber, shall be Weight,howdeter- mined.

determined according to thc usual avoirdupois weight; with respect to stonc 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 smaller quantity: Provided that any less quantity than half a ton may be charged as half a ton.

9. Notwithstanding the rate of tolls hereinbefore prescribed, the TOUR for eeparate

said Commissioner may lawfully demand the tolls following for Par''.

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

For the carriage of any parcel not exceeding twenty-eight

pounds in weight, not exceeding One Penny per mile each:

For any parcel not cxceeding fifty-six pounds in weight, not

exceeding Three Halfpence per mile each:

For any parcel not exceeding one hundred and twelve pounds

in weight, not exceeding Twopence per mile each; and

not exceeding One Penny per mile each for every addi-

tional fifty-six pounds in weight:

For the carriage of any one boilcr, cylinder, 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 seyaratc parcels, such as bags of sugar, coffee, meal, and

the like, shall not be deemed small parcels, but such term shall apply	,
only to single parcels in separate packages,

10. In a11 cases where any article, matter, or thing, not being a Pitea W par toa

small package, shall be carried or convcyed along the said Railway fOrhO*~tanc"b

for so short a distance that the sum of money authorized 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.

11. Owners

39" & 40° VICTORIB, No. 26.

Port Augusta and Government Gums XaQway Act.-1876.

Gooh when to be

removed.

11. Owners or consignees of articles shall remove the same from the station or terminus of their destination on the said Railway within twenty-fbur working hours after their arrival there, and in de- fault of such removal shall be liable to demurrage at and after the rate ot Two Shillings and Sixpence per ton; and further, if not removed after the expiration of thirty-six 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 Sixpence per ton per week shall be charged and payable in respect of such goods for the warehouse room thereof

Pasengerg luggage.

12. 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.

Appropriation oflo~la, 13. All tolls, rent!, dues, charges, and sums of money, which may

&G. at any time be received and 1evjc.d 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 the Governor may prescribe, paid to the Treasurer for the public purposes of the said Province.

Annual abetract of	14. The said Commissiitner shall, on or before the first day of
accounts to be

publirhed.

August in every year, prepare an annual account in abstract of the total receipts and expenditure under authority hereof for the Rail- way by this Act authr~rized to be constructed, from what source soever the same may be derived, for and during the preceding year ending the thirtieth day of Junc, under the several distinct heads of receipt and expenditure, with a statement of the balance of the same account duly audited and certified by the Treasurer, and also by the Auditor-General, and a copy of such account shall be pub-

lished in the Government Gazette.

Exemption from 15, The Eailway by this Act authorized to be constructed, shall

ratos.

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

whatsoever, whether local or general.

I n thc name and on behalf of Her Majesty, I hereby

assent to this Bill.

A. MUSGRAVE, Governor,

-

Adelaide: By autho~ity, W. C. Cox, Government Printer, North-terrace.