Port Adelaide Railway Act 1850 (SA)

No. l.

(PRIVATE ACT.)

Por Making a Railway from tire City to the Port of Adelaide, with H+&.LL :

Branches providin.q RaiZwa y Accommodation Northat-il of the 1

B ' 4 < / > O / - --7 1,

present Place o f Shipment, and to the North Am, to 6e ca2kd

The Adeiaide City and Port RaiZway." ,A

cornpletel~ registered on the &$th clay of ~eccrnber f&o&ing, pursuant to the provisions contained in an Act of Parliament made and passed in the Session held in the seventh and eighth years of the reign of Her present Majesty Queen Victaria, intituled " An

Act fox the Registration, Incorporxtion, and Regulation of Join ta

' Stock

Stock Companies," and made between the several persons whose names are subscribed, and whose seals are affixed, to the Schedule thereto, of the first part; +e persons therein-named as Directors, of the second part ; and His Excellency John Hindmarsh, Captain in Royal Navy, K.H., Governor of Heligoland, and John Alexander Jackson, Esquire, of Founders' Hall, in the City of London, the Trustees who are named and appointed for the pur ose of enfbrcing

and giving effect to the covenants and agreements t erein contained, E	nf the third park; it is declared, amangst other things, by the parties
thereto of the first part, that a Company should be formed, to be called the $'Adelaide City and Port Railway Company,'' for the purpose of making a Railway from the City of Adelaide to the Port of Adelaide, in South Australia, and the prosecution of all operations and undertakings which might be necessary or convenient for the purposes thereof, or which might be advantageously prosecuted or carried on in connection therewith; nud that the said Company
should have pe~petual succession until the passing of some ~ e ~ i s l &
tive provision raconstituting the said Company, or until the share- holders, by some resolution to be passed as therein mentioned, shoulq declare that the affairs of the Company should be wound up and the Company dissolved: AND WHEREAS, by such Deed, George Boville, of M$ Wall, Poplqr, in the County of Middlesex, Robert Buchanan Dunlop, of Wandsworth, in the County of Surrey, Alfred Hill, of Hampstead, in the County of Middlesex, Edward kunt, of Great mTinchester-street, in the City of London, Henry Walter
Porker, of Highgate, in the County of Middlesex, and George
Knight Huxley, of North Bank, Regent's Park, in the County of Middlesex, are declared to be the first Directors, for promoting and carrying the said undertaking into effect: AND WHEREAS, by such
Deed the said Directors are empowered to nominate and appoint
some one of themselves, or some other competent person, to go out and reside in South Australia as their Attorney, for the purpose of carrying ' the said undertaking into effect: A m WHEREAS, the said Directors, by Letter of Attorney, dated the thirteenth day of January, One Thousand Eight HundSed and Forty-Nine, under the
Common Seal of the said Company, made, ordaiped, constituted, and appoi'nted Henry Walter Parker, one of their number, to bt. their Attorney, that he might go obt and reside% South Australia, and act in and conduct and manage all and every the affairs, matters, and things of the said Company, in and within the Colony of South Australia: AND m H E E t u s great public advantage would accrue
from the construction of a Railway between the City of Adclside
and the Harbor of Adelaide, and it is advisable :hat the said Com- pany should be reconstituted by, and its objects effected under, the authority of a Special Ordinance; BE IT THEREFORE ENACTED,
by THE GOVERNOR 0% SOUTH A U ~ T R ~ L I A, with the advice
and consent of T I ~ E LEGISLATIVE COUNCIL thereof -- THAT

the

the parties of the first and second parts to the said herein- before recited Deed of Settlement, and all other parties who have already subscribed, or shall hereafter subscribe to the said un- %d~scribem

dertaking, and their respective heirs, executors, administrators, and assigns, shall be united into a Company, for the purposes in the said Deed and in this Ordinance expressed, and for those purposes shall be, and they are hereby, incorporated, by the name of '' The Adelaide City and Port Railway Company," and by that name shall be a Body Corporate, with Perpetual Succession and a Common Seal, and shall have power to accept, purchase, take, and hold lands for the purposes of the said undertaking, within the restrictions herein and in the hereinafter incorporated Acts contained.

11. AND BE IT ENACTED, that the hereinbefore recited Dccd of c,,fi,n,,tio, ,F

Settlement, and all the agreements, articles, and pror.isions thereis Deed of Yet t lm~nL

contained, and the hcreinbefore recited Letter of Attorney, shall be,

and the same are, hereby, confirmed, and shall be of as full force and

effect as if the same were inserted or incorporated in this Act, in so

far only as the same shall not be repugnant to, or inconsistent with,

this Ordinance, or any Law or Ordinance now in force, or which may hereafter be in force, within the said Province; and that

a11 actions, suits, or other proceedings, acts, matters, and things,

which might be brought, instituted, or done, under or by virtue of the said Deed, o r any covenant or provision therein contained, on behalf of the said Company, or with reference to the said under- taking, may be brought, instituted, or done, by or on behalf of the Company in its Corporate name and capacity; and, particularly, that payment of all subscriptions and calls upon or in respect of any share or shares in the said undertaking as provided by the said Deed, may be so enforced by or in behalf of the said Company, as well against the several pcrsons parties thereto, as against any person or persons who shall for the rime being be a Shareholder or Share-	holders in the said Company; and that eyey person becoming a	Shareholder in sue13 Company, under the provisions of the said
Deed, or of ,any other Deed Sppplemeutitry or referring thereto,
although not a party theret~, shall h bound by all the agree-
ments and provisions therein contained, in the same manner as if he
had actually executed such Deed imtl)cdiately upon becorniqg s u ~ h
@hareholder; but always subject t p the provisions of t h i ~ Oydi~aws, apd any other such Law as aforesqid.

111. AND BE IT ENACTED, that The Railways' Clauses Con- Incorporation of GeneralOrdir~rauccs,

~olidation Act," and The Lands' Clauses Consolidation Act," shall 'No. 7 of 1847.

be incorporated with and form part of t% Ordinance. No. 6 of 1847.

y,.. IV. AND

Iucorporation of	IV. A m m IT EKACT~D,	that the b6Compstnies' Clauses Consolib
certain provisions in

the Companies	dation Act" shall be iqcarporatod with this Ordinance, for the distri-
tion Acl"
Olausea Consolid*	bution of the capital of the Company into &are@ (so far as it applies
to the dis&ibution of the $bares of the C o m ~ n y in this Pravince),
No. 6 of 1847.	and for the following purposes within the Province, the trausfer ox - - - transmission of sharw, the payment of subscpiptians, and the rrlearls of enforcing the pyment of call% the forfeitwe of shares far non. payment of calls, the remedies of creditors ~f the Company against the Shareholdf=rs, the G@neral Meetings of the Company, and thc exercise of the right of vatlng by the Sharohokkrs, the appointment and rotation of the Managers, (so far a$ not hereby expressly varied), the prqceedings and liabilities ~f the Managers,
t h e appointment and duties of Auditors, the acc~sntabdity
of the officers of the Company, the keeping of accounts, and the right of inspection thereof by the Sha.reholders, the making of By- laws, the settlement of disputes bp arbitration, the giving of noticcs, the recovery of damiges not especially provided fir, and penalties, and the access to this Ordinance.
Doposit, lnspectiou,

V. 'PBOVIDED AA~WAPS AND BE IT ENACTED, that the Clause8 and

and Enrolment,

of Deed, &C. Proviskns of the "Companies' ClausesCons~lidatio~ Act," with respect

lQ47* .to the affording access to the Special Act by all parties interested,

SWS. 161-2.

7 8 vice E. 110, shall qxtend and apply to the deposit and inspection of the herein-

before recited Deed of Settlement, and all Deeds referring and Supplementary thereto, and all Letters of Attorney made in pursuance thereof: PBOVIDED A ~ s o, that nq such Deed or Letters of Attorney, shall have any force cq effect within this Province until the same,

-Proviso.	or true Copies thereof, certified or authenticated in manner provided by the first hereinbefore recited Act, For the Registxation, Incor-
poration, and Regulation of Joint Stock Compapiea," be a~rolled in
ths @ n d Rq@tly Office at Adelaide.

Enrolment and n i - VT. AWQ BE IT ENACTED, that whensoever any such Deed or

drnce of Letters of Attorney or any Instrument which by i he said Statute

For the Registration, Incorporation, and Regulation of Joint Stock Companies," is required to be registered with the Registrar of Jqint Stock Companies, or any Copy of such Deed or Ipstrurnent duly authenticated acc~rding to thc Provisions of the said Statute, shall be produced at the General Registry Mice a t Adelaide, fur enrolment, it shall be lawfbl for the Registrar General or his Deputy, and he is hereby required, on payment of such fees, and according to such Regulations as shall be in force, to cause the same to be enrolled ia the said office, and,. on demand, to furnish Office Copies of such

7 and a Vie.,

c. l lO# 8- l&	enrolment, certified updm his hand; which Office Copies &a31 in
this Province be evidevce to the like intents wd purposes as any Instruinent

Instrument authenticated by the Registrar of Joint Stoeb. Cbmpanies would be received in England.

VII. AND WHEREAS, by the said first recited Deed, it is provided, Company *a .sued in the Colony

(Sec. 2), " that No. 34, Broad Street Buildings, in the City of London, in like ,,,,,, ,, in

is the principal place appointed for carrying on the business of the England.

Company," and it is expedient to remove all doubts which might

Deed, Sec. 2.

obstruct the amenability of the Company to legal proceedings in the Province: BP, IT ENACTED, that the said Company, and the Officers and Members thereof, shall be liable to be sued and pro- ceeded against before the Courts and Jurisdictions of the Province as fully and effectually as in England; and the Office of the Com- pany, in the City of Adelaide, shall be one of the principal plltccs of business of the said Company, within the meaning of the Statutes and Laws in that behalf.

VILI. AND WHEREAS, by the said firstrecited Deed, it is provided cqjihl,

Deed, See. 3 4,

that thc capital of the Company shall be Thirty thousand pounds, & THEREFORE ENACTED, that the capital of the Company shall be Forty-fivc thousand pounds, and that the additional Fifteen thousand pounds, shall be divided into cqual shares of Twenty pounds each, and shall be apportioned in such manner as the Managers shall think fit, amongst the parties who have executed, or shall hereafter execute

and that the same shall be divided into fifteen hundred equal. shares

of Twenty pounds each, and that not less than one-fifth of the said

shares shall be offered for: subscription in the Yrovince: AND

any Deed, subscribing such additional capital with the object of

joining in this undertaking: PROVIDED ALWAYS, that the Directors of the said Company appointed under the said first-recited Deed, shall not be empowered to borrow or raise by way of mortgage, or upon bond, more than Fifteen thousand pounds in the whole.

IX. AND BE IT ENACTED, that the number of Shares into Number aoa

which the capital shall be divided, shall not exoeed Two Thousand of

Two Hundred and Fifty, and the amount of each Share shall be

Twenty Pounds.

X. AND WHEREAS, certain persons have subscribed to m One share of f 20

undertaking, called thk South ' Australian Railway Company," 2 ~ ~ $ ~ a ~ ~ s l ~

which amalgamated and £ 5 each. have executed the Subscription Deed of such Company, hall

has been with the "Adelaide City Port

receive one Share of Twenty Pounds, for every four Shares of Five

Pounds subscribed for by him, and the said person shall contribute

t o the m e capital in. the afa~esaid proportion, acenr&ngly.

XI. AND

XI. AKD BE IT ENACTED, that Two Pounds per share shall be the

greatest amount of any one call which the Company may make on

the Shareholders, and twenty-eight days at the least shall be the

interval between each call.

Shares transferable,	XII. AND BE IT ENACTED,	that Shares, whether issued in England
and may be register-

ed in England or	or in this Province, may be transferred and registered at thc principal
in the Colony.	office of the Company in England or in this Province, and that (except in the election of Local Managers as hereinafter provicled) the holders of Shares shall be entitled to exercise all their rights, powers, and privileges in England and in this Province: PROTIDED
ALWAYS, that persons who shall give proxies, shall be deemed Share- holders for the purpose of voting at any meeting, if it appcar by the register or otherwise, in the office of the Company where mck - -
meeting is held, that such person is a Shareholder, and it shall not appear by the said register, or otherwise, that he is no longer a Shareholder.

By-Laws to be sub-	XIII.	AND BE IT ENACTED,	that no Bylaw made in pursuance
ject to confi,r!rmati~n

and disallowance of	of the said recited Deed, shall have any force or effect in the Province,
the Governor;	until the same shall have been approvcd by the Governor, and all

Deed, Sec. fq3. such By-laws shall be subject to disallowance by the Governor, in

No. 7 of 1847."

manner provided by (Sections 107 and 108 of) thc "Railways

Clauses Consolidation Act."

Saving the powers	XIV. AND BE IT ENACTED,	that the Attorney of the Company,
of the Attorney of

the Directors.	for the time being, shall be aManagerin the Province, and shallexercise all the authorities in his Power of Attorney expressed and contained,
in so far as they are not inconsistent with, or repugnant to, the
Provisions of this Ordinance, or any Law or Ordinance now, or which may hereafter be, in force within the said Province, or any By-law or Regulation made in pursuance thercof.

Number of Mana- XV. AND BE IT ENACTED, that notwithstandinganythingin the said

geqin the	firsh-ecited Deed contained, there shall be a Bohd of fivezManagers within this Province, whereof a majority shall be a quorum, and the Attorney of the Company shall be Chairman, having a casting vote
in cases of equality: THAT two of the said Managers shall be nomi-
nated by, or on behalf of, the Directors of the Company, and 'two shall be elected by the Shareholders resident within the said Province, and the qualification of every such Manager shall be the posseseion in his own right of twentyfive shares in the undertaking:
AND that the Attorney, with the advice and consent of the Board,
shall exercise all powers, and do all acts necessary for carrying on
the undertaking in the Province, subject to the control of the Directors
+ England, and to such By-laws as may be made and confirmed in pursuance

pursuance hereof: PROVIDED ALWAS, that the Managers within the Province shall not bc empowered to rescind, annul, or vary, any order or direction which may have been, or shall be, given by the Directors appointed under the provisions of the first-recited Deed, or do any act, matter, or thing repugnant to any such order or direction which shall have been received by the said Managers.

XVI. AND BE IT ENACTED, that William Giles and John First within the Province.

Rentham Neales, Esquires, shall be the first Managers on behalf of the Shareholders resident within the Province, and that Joseph Barrow Montcfiore and John Ellis, ~ s ~ u i r e s, shall be the first Rlanagers on behalf of the non-resident Shareholders.

XVIT. AND BE IT ENACTED, that the said Managers shdl Whoaretocontinue

continue in office until the first ordinary meeting of shareholders ordinary meer in office until the

Shareholdera.

in the Province; and, at such meeting, the shareholders resident ing of on the same day, it shall be lawful for the Attorney of the Company, on behalf of the Directors, either to re-appoint one or both of the two last-mentioned Managers, or to appoint others in their stead, and the Managers so clected and appointed shall continue in office for the ensuing year, on the expiration of which, similar elections and appointments shall take place, and so on annually thereafter.

within the Province, present, personally or by proxy, may either

continue in office the said two first rnent;ioned Managers elected by

them, or either of them, or may elect others to supply the places of

those not continued in office, the Managers appointed by this

XVIII. AND BE IT ENACTED, that a quorum of a meeting of Quorum*

Managers shall be three.

XIX. AND R E IT ENACTED, that the number of Managers of committee of Ma*

which cornrriittees appointed by the Managers shall consist, shall nagera.

not be less than three, m d the quorum of such committees shall

be such as the ~ a n a g c r s shall, at the time of appointing the said

committee, prescribe,

XX. AND BE IT EXACTED, that all deposits, c d s, and other M0,i,, in south

monies, and securities for money, which shall from time to time Australia to be

become payable in South Australia, and which according to the said of the Locd Mans- banked at the sight

recited Deed (Sec. 62) are appointed to be paid into such Bank in gere.

the said colony as shall from time to time be approved of by the	Deed, Sec. 62.
Directors. shall be so naid into Bank at the sight of the Local Board

of ~anage r s, and that every Draft, ~hecpe,"or Order upon such $ ~ u ~ ", ~ ~ < ~ u n -

Bank, signed by the Resident Attorney, shall be countersigned hy tarsignad.

Borne one of the Local Managers. Deed, Sec. 66.

All Documents re-	XXI. Arm WWERBAS,	it is by the said Deed provided that
uired by Colonial

hamb bold era to be	certain Documents therein enumerated only, shall be kept at the
open to inepection.	place of business in the Colony, open to the inspection of the Share-
Deed, Sec. 74,76.	holders; BE IT ENACTED that the said Provision shall ex tend to all
Documents, or Copies of Documents, which by the Resolution of any General Meeting in the Province, shall be required for the inspection and use of the Shareholders resident in the Province.
Power to make
Railway according	XXII. AND WHEREAS plans and sections of the undertaking showing the line and levels thereof, and also plans and sections showing alternative linee and levels, and also books of reference containing the names of the owners and occupiers, or reputed ow- ners and occupiers, of the lands through which the same is intended to pass, have been deposited with the Surveyor-General: BE IT ENACTED t m e c t to the provisions of this Ordinance, i t shall
to dcporited ylarie.
be lawful for the said Company to make and maintain the said main
line of Railway, branches, and works, in the line and upon the lands delineated on the said plans, and described in the said books of re- ference, and to enter upon, take, and use such of the said lauds as
shall be necessary for such purpose.

Main line of Rail- XXIII. AND BE IT ENACTED, thpt the main line of the said Rail-

way. way &all commence in the Stone Quarry, near the Council Chamber, in the City of Adelaide, paas along the Port Road to Albert Town. and terminate on Section 2112, at the New Port; with a - -

the harbor' north- of Railway at or near Section 2112, and terminating at the shore of ward of the present Branch.Railaay to BIB^& Railway, commencing by a junction with the said main line

of shipment. the harbor at Hindmarsh Reach; and another Branch Railway,

Branch Railrag to commencing by a junction with the aforesaid Branch at or near the the North Arm- north-east corner of Section 2011, and terminating on the shore of

the harbor at Hindmarsh Reach, near to the North Arm.

List of crossings on	XXIV. AND BE IT ENACTED,	that, subject to the provisions in the
the level.

said "Railways' Clauses' Consolidation Act" contained, in reference to

the crossing of roads on a level, i t shall be lawful for the Company, in the construction of the Railway and Branches by this Ordinance authorised to be made, to carry the same on the level across

the several said roads lettered on the plan hereinbefore mentioned,

as follows, (that is to say), A, B, C, D, E, F, G, and H:

pgovnnm th& the company .shall construct convenient footways

Rails, and "k-eeFpTSaT6 c=m%ication acros-

eilvg between H i n d m ~ n d Bowden, in the Eavine there

&&e; and betwqen Nmth and South Adelaide, near the Site of th,e__

Stone BX&, at the go&@ -- lettered on the said plan I and K: W

And that a gooa a% sufficient fence, oT toiimet E~-=

shall be made on each aide of every Bridge which shall be erected, c--" - -

XXV. AND

XXV. -AND BE IT ENACTED, that it shall be lawful for the said POW to dowll

rails to any wharf

Company to lay down rails to any wharf or wharfs, if the owner or .,, c,,,,,t o f

owners thereof shall consent thereto: PROV~DED ALWAYS, that no ownem

such rails shall pass Gver, along, or into any road, without the

written sanction and approval of the proper authorities.

XXVI. AND BE IT ENACTED, that between the Termini at the Branches to the

Port and the Wharfs, within the distance of half-a-mile, the Railway Wharfs.

Company shall provide conveyance for Goods either by Rail or otherwise, at the same charges as on the Railway, according to the distance: PROVIDED ALWAYS, that this Regulation shall not apply in any case where any party entitled shall ref'use to alIow the necessary branch rails to be laid down, nor in any case where there is not a sufficient Road for ordinary traffie, communicating with the

terminus: PROVIDED Atso, that any proprietor or occupier. lagi~lg

down sufficient and proper Rails over his Wharf, communicating with the Company's Lines, shall be entitlcd to have the Company's Carriages run upon soch Rails for the purpose of loading and un- loadin5 on the ~vharfs, free of charge, except the usual charge according to the distance.

XXVII. Axn RE IT ENACTED, that the quantity of land to be L a n d a f ~ r ~ ~ d i b ~ n a l

token by the Company for exbraordinary purposes, shall not exceed stations.

twenty acres.

XXVIII. AND BE IT ENACTED, that the powers of the Company Period within rhictk

for the compulsory purchase of lands for the purposes of this Ordinance, to be P-

s h l l not be exercised after thc expiration of Two years from the	-- _-U	______+ -	---	,
passing of this Ordinance.

XXIX. AND BE IT ENICTED, that the Company shall be bound Tmopn. Starer, and

to provide Conveyarrccs fur all Military, Policc and other Forces,	"""-
when proeecding on duty, and for all public Mails and Public

respects to the provisions of the " Railways Clauses Consolidation N ~. 7 of I ~ T.	Stores, by the ordinary trains, free of charge, subject in other
Act": And in event of war or civil commotion, the Company shall, sec* 123, &c. f
on the requisition of the Local Government,, place the whole of the
resources of the Railway at its disposal, at the charge actually in-
emred by the Company.

XXX. BND BE IT ENACTED, that the provisions ~ n d powers of E1ectrical graphs.

the Railways Clauses Consolidation Act," for entering uppn the 7 of 1847.

Electrical Telegraph, and for using the same, shall extend and 148.	Compm~y's Lands, and establishing and laying down a line of Sec@. 147, and
apply, not only to persons authorised by t l ~ c Governor for Her M a j e ~ t ~ ' ~ service, but also to any Company, Partnership, or Person, willing to establish an Electrical Telegraph, subject to such reason-

able

able regulatione as may be made by the Company with the appro-

. val of the Governor,

Railna~ tobemain- XXXI, AND, in order to guard against accident, and to ensure

tainad in good and	that the Railway shall be properly maintained, BE IT ENACTED:	that
,weient rrpair,

. the Company shall be bound at all times duly to maintain the Rail- p y, ~ r k c h e s, and whole undertaking, in good and efficient repair and working condition, and in case it shall at any time appear to the Governor, upon the report of any Inspector appointed pursuant to

Sec. j49. the 'c Railways Clapses Consolidation Act," that the works in any

'	Of 1M7m)	part are not in good and efficient repair and working condition, it shall be lawful for the Governor, after such notice and requisition
as to him shall seem fit and proper, and on default by the Company,
to direct the necessary repairs and works to be performed at the cost of the Company, by persons to be appointed by him in that behalf, and the cost of executing such repairs and works, and allcharges connected therewith, shall and may be recovered from the Company at the suit
of the Crown, before any competent jurisdiction, in like manner, and
by such means as any person aggrieved, or otherwise authorised to sue for damages or penalties, might employ under the provisions of the said Ordinance.

Ra(~- XXXII. AND BE IT ENACTED, that the gauge of four feet eight

WRY.

anda half inches shall be the gauge to be used in the said Railway.

Construction of X X I I AND WHEREAS it is expedient to secure that the Railway

Railway and me?	shall be of adequate construction, and that the meansof travelling shall
of travelling.	be commodious: BE IT ENACTED, that the Rails to be used in the con- struction of the Railway and Branches shall be of iron, and of the weight of not less than Fiftysix Pounds to the yard: The propelling power shall bc locomotive engines: The Company shall provide trains in sufficient number, to the satisfaction of the Governor, for ordinary traffic, to travel along the Railway from one end to the other
axcept Christmas Day and Good Friday; And such trains shall of each trunk, branch, sr junctioa line, each way on every week-day, travel at the average rate of speed of not less than fifteen miles an
bour for the vhc$e distance travelled, including stoppages.

Fericrd of c o w	XXXIV. AND BE IT ENACTED,	that the undertaking shall be corn:
pleting workr.

pleted within Three was from the passing of this Ordinani i rnd

----=X period, the powers of this or the recited Acts

06 theexpiration of suc

granted to the Company for executing the same, or otherwise in re-

lation thereto, shall cease to be exercised, except as to so much ofthe

said ~ n d e r t a k i n ~ i j t h e n

be completed.

i

, I Proportion of Rail- XXXV. AND BE IT ENACTED, that if within eighteen months.

vay to k ready in from the passing hereof, five consecutive mile:,

,, / i t at the least, of the

*. \ pghcm month*. . , .

sai4

said Railway shall not be made and completed so as to be fit for use

for the conveyance of passengers and goods, to the satisfaction of .

the Governor, or any Inspector appointed by him, or if the said	\
Railway and Branches shall not be completed, with a sufficient Orantm anaprlri-	I

establishment for working the same, to the satisfaction of the Gover- ~ ~: w ~; ~ $ ~ ~ ~ n, -

* a

nor or Inspector aforesaid, and opened for traffic within the space of p ~ e t d thnq

Three ears from the passing of this Ordinance, or within su&f~the r yean* -

H- ---

e * Governor - - - shall 9 p i n t, then it &ail be lawful for

the - r a y proclamation pmi&ed in the South Australian

Government Gazette to declare this Ordinance to have ceased and	*
determined, and thereupon, all and every the grants of
land which shall be made by or on behalf of Her Majesty
for the purposes of the said Railway and Branches, and the rights
and privileges conferred by this Ordinance, shall be utterly null and
void, and the land and privileges shall revert to and revest in Her
Majesty as fully and effectually as if no grant had been made, or
privileges conferred: PROVIDED ALWAYS, that the Governor may. at
any time or times, by writing under his hand, extend the	S
respective periods for completing and for opening the said Railway	I
and Branches, or any part thereof,

XXXVI. AND BE IT ENACTED, that it shall be lawful for the Tullr.

Company to demand any Tolls for the use of the Railway, not ex-

ceeding the following (that is to say) :-

1. In respect of the 'tonnage of all articles conveyed '1.0nnsp on 8nic:rr

upon the R a h a v or any part thereof, not in this conre~ed- ,

Ordinance otherwise particularly specified,-not ex- i

ceeding the rate of sixpence per ton per mile: PRO- delivered in Adelaide, shall, if required, be delivered 011 a level not lower than the level of the door-sill of the present Council Chamber, without extra charge.

For every carriage, of whatever description, having more than One Ton, carried or conveyed on a truck or plat- form whether belonging to the Company or other7 wise, per mile-Not exceeding Tenpence; and for any fractional part of a Ton beyond one Ton, which any carriage may weigh, a like sum per mile of Fivepence.	for travelling on a Railway, and not weighing more	than two wheels, not being a carriage adapted and used
2.	In respect of passengers and mimds conveyed upon Tollr fo.pnmongm
the Railway in camages, whether belonging to the and cattle, Company or otherwise, as follows :-

For every person conveyed in or upon any such carriage,

being

being a first-class carriage, or compartment of a carriage,

per mile-Not exceeding Twopence.

For every person conveyed in a second class carriage or

compartment, per mile-Not	exceeding One penny half
penny,

For every 'person conveyed in a third-class carriage or

compartment, per mile-Not exceeding One penny.

PROVJDED ALWAYS, that for every fraction of n mile, a full mile may be charged ; and that for any shorter distancc than three miles, three miles may be charged.

%or every horse, mule, ass, or other beast of draught or

burden, and for every ox, cow, bull, or neat cattle, con-

veyed upon the Nailway, per mile-Sixpence.

For eveiy calf, sheep, lamb, pig, or other small animal. convej7ed in or upon the railway-One Penny per mile.

Tolh inolude~ura XXXVII. PROVIDED ALWAYS, AND BE IT ENACTED, that in the

~ " m a L '. ~ w w ~ said tolls shall be included the toll for the use of the carriages a i d of

. the engines for propelling the carriages on the said Railway, and that

no further charge than is heretofore stated, shall be made by the Com- pany for the use of such engines: PROVIDED ALSO, that nothing herein contained shall be construed to prevent the Company from charging

for the use of engines and carriages for Special a i d Express Trains; AND PROVIDED ALSO, that any persons or corporations employing

their own focomotive engines and carriages shall be entitled to run

such engines and carriages upon the said Railway and Blanches.

paying seventy per cent of the tolls received or payable in respect of the goods and passengers conveyed or carried by such engincs and carriages.

Reguletioar as to XXXVIII. AND BE IT &ACTED, that in addition to the prescribed

the toh,	tolls for the conveyance of articles, the said Company may cha~gr
a reasonable sum for loading and unloading: PROVIDED ALWAYS,
that theowners of goods shall be at liberty to employ their owl servants for loading and unloading, subject to the lkgulations of the Company.

That with respect to all articles, except stone and timber. the weight shall be determined according to the usual

avoirdupois weight.

That with respect to stone and timber, fourteen cubic feet

of stone, forty cubic feet of hard wood, and fifty cubic feet of other tinlber, shall be deemed one ton weight, and so in proportion for any smaller quantity: PROVIDED that

any

any qua~itity less than half a Ton may be charged for

as half a ton,

XXXIX. AND with rec~pect to small packages and single articles Tolls For wparate

of great weight, BE IT ENACTED, that, notwithstanding the rate of I J ~ ~ ~ ~ ~ *

tolls hereinbefore prescribed, the Company may lawfidly demand the

tolls following (that is to say):-

For the carriage of small parcels on the Railway, for

any parcel not exceeding Twenty-eight Pounds in weight

-not exceeding Sixpence.

For any parcel not exceeding Fifty-six Pounds in weight

not exceeding Nincpence.

For any parcel not exceeding One Hundred and twelve pounds in weight,-not exceeding One Shilling; and not exceeding Fourpence for every additional Fiftysix pourida in weight.

PROVIDED ALWAYS, that articles sent in large aggregate Provioo,

quantities, although made up of separate parcels, such as bags of sugar, coffee, meal, amd the like, shall not be deemed small parcels, but such term shall apply only to single Parcels

in separate packages.

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 shall exceed Four Tons, the '2ompilny nmy demand such sum as

they shall think fit.

XL, PROVIDED ALWAYS, AND DE IT FURTHER ENACTED, that Company to be en-

in all cases where any article, matter, or thing, not being a small titled to receive u

sum ton

package, yhall be carried or conveyed along the said Railway and for short dibtlmcee.

Branches tor so short a distance that the rate or sum of money au- thorised by this Ordinance to be demanded or received for the carriage

of the same, shall not amount to the sum of Two Shillings per ton, the said Company shall be at liberty, and they are hereby authorised

and empowered, to demand and receive the sum of Two Shillings

per ton thereon, anything in this Ordinance contained to the contrary

thereof notwithstanding.

XLI. A m BE IT ENACTED, that the owners or consignees of G d r to be re-

articles, shall remove the same from the station or terminus of their ~ ~ $ ~ i $ ~. "	'
destination on the said Railway, within six 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 twelve hours after such hour i a the morning, and in default of such removal, shall be liable to

demurrage

dppurrags, at and after the rate of Two Shillings and Sixpnre per ton: AND FURTHER, if not removed after the expiration of twenty-

four hours, at and after the rate of One Ghilling per ton for such - -

Prmia W=-	twbnty&&	bu r s or any part thereof: PROVIUED	NEVERTRELESS~
house rest f ~ r - g d a

not removed	Ohat ii such artidss be aot removed from such station or terniiliuv
;oJF thei.2: destination before the epd of m e week after their arrival there, i t shall be lawful ta and for the said Company to charge and receive the sum of Two Shillings and Sixpence per ton per week, for
the warehouse-room thereoq

Pamngc!ml XLH. AND Be rT ENACTED, that every passenger travelling

h w y e *	uuon the Rai1wa.y may: take with him his ordinary luggage, not exceed- ing One Hundred Pounds in weight fw First-class Passengers, Sixty Pounds in weipht for $econd-class Passengers, and Forty Pounds in weight for Thud-class Passengem, withoyt any charge being made
#'or the carriage there4

powers of Revieion XLIIX. AXD WBEREA~, the powers of Revision of Tolls and

of TdB. option of Purchase of the Railway, provided by the " Railways

No. 7 of 1847	Clauses Consolida tiop Act" (Sec. 140, L 4 1, 1 42,) are inadequate: BE	IT EPIACTED~	that anything therein provided notwithstanding, when-
sec& 140, BC.)

soever after the completion and opening of t,he 'Railway and Branches,

it shall be declared by a Resolution passed by the Local Legislature

'	that the rates of Tolls levied by the Company am excessive, it shall
be lawful ;f;or the Governor, subjsct to the provisions hereinafter con- tained, upon giving to the Company three calendar months' notice, in writing, of his intention so to do, to revise the Scale of Tolls, Fares, @nd Charges, limited by this Ordinaoce, and to fix such scale of
*	Tolls, Fares, qnd Charges, applicable to such different classes and
kinds of passenoers, goods, and other traffic on the Railway, as in
the judgment o P the said Governor, assllrning the same quantities and kind of traBc to continue, shall be likely to reduce the profits to
be lfivided to the rate of Twenty Powds for every Hundred Pounds of paid up Capital Stock: PROVIDED that the Company may, if dissatisfied
to the Government npon giving to the Gove.rnment three calendar with such revised scale, reject the same, and abandon the undertaking
months' notice of such intention, and thereupon the Government shall be bound to complete the purchase at the price and on the terms after mentioned.

Opt% o l Purchrse x&IV. AN_D BE IT ENACTED, that, with B Kiew to &termbe the

h Government*	ptice and value of the Railway, the same shall be taken to, be the
apl.{&t of twenty-five years' p,urc.ba$p, a t the rpte o f Ten Pounds for
every Hundred Pounds of paid up Capital Stock; and as often as, i~
exercise of thep ppwers 'ven by $pis Qrdhaqce, the paid up. ~ a ~ i t d
&aIlbeinereased,,then t P eprice andvalueshall +. , r 1 . . be ~1ugrnentedin the like

proportion

proportion of Twenty-five pears purchase, at the rate of Trm Pburrda tor every Hundred Younds of such additional Capital actnally paid 1113 at the time of purchase : AND it shall be lawful for the Governor, n it11 the advice and con~ent of the Legislative Council, at any time

after the completion and opening of the said Railway and Branches,

t o y urchase the said Railway, Branches, and whole undertaking,

v i th all its hcreditaments, stock, and appurtenances, in the name

;rid on behalf of Her Majesty, upon giving to the said Company tiiroe cnlentlar months' notice, in writing, of such intention, on payl mcnt or security, as hereinafter provided, of the purchase mone at the rate so ascertained as aforesaid, deducting the amourit o? all .

liabilities of the Company, including sums secured on the under: taking, within the limit of the powers of borrowing given by this Ordinance, in case such liabilities shall exceed the available m e t Q

of the Company at the time of the transfer af tbe undertaking to

the Government. PROVIDED ALWAYS, that instead of immediate payment of such price, it shall be in the option of the Government to secuie the same on the General Revenues of the Province, with interest at the rate of Eight Pounds in the Hundred per Annum, to be paid annually to the Shareholders, and on such payment or security being perfected in such manner as shall be presoribed by the Governor with the advice and consent of the Legislative Council, the Railway, Branches, arid whole undertaking, with all its here&-

taments, stock, and appurtenances, shall vest in Her Majesty, Her

Weirs and Syccessors, foy public uses.

XL'I?. AND BE IT ENACTED,	that an Annual Account, in Abstract,	C o m ~ a n ~
an Annual to Abstract hrnish

shall be prepared of the total receipts and expenditure of all funds ,,~~ccou,Its;	1
at the dispesal of the Company for the purposes of the Undertaking, whether arising from Tolls, (:barges, Loans, or any other service, for and during the past year, under the several distinct heads of Receipt and Expenditure, with a statement of the balance of tlie same account duly audited and certified by the Local Managerq and also bv the Auditors, and that a copy of mch Annual
Account shah be transmitted free of charge, to the Colonial Secrd-
tary, on or before the first day of March in each vear, under a.
penalty not exceeding One Thousand Pounds, to be- reewerred in the Supreme Court of South Australia, by any party who shall sub for the same, for not preparing and sending in the said account, such account to be, as soon as practicable, published in the Smth Ayst~alian Government Gazette, at. the expence of the Company, and to be open at all seasonable hours to thd iri~pmtion of the public, upon payment of the Fee of One Pound,

XLVI. AND BE IT ENACTED, that it shall be lawful for the huditor-Gener~1 may examine r he

Governor, from time to time, as often as he shall deem fit, to in- Comp,,ys8

ptruct counts.

I

XI,VIII. AXD s e rT ENACTED, that nothing herein containcd Provisi~llfor f u l u l c

Acts.

shall be decmcd or construed toexempt the Railway by this Ordinance nuthoriscd to be m d e, from the provisions of any General Act, Ordinance, or J,aw relating to Railways which may hereafter be in

fbrce within the Province. AND, that it shall be lawful fhr the Power to rc~wal,

Governor and Colonial Legislature, by any future enactmenls, to ~ ~ ~ o ~ ~ i ~: : ~: : "

repeal, alter, or amend, any part of this Ordinance, without being

rcsponsiblc on that account to provide ~orupcn~ation or illdelrmity

to the Sllarehlilders of the C'ornl~any.

XLIX. AND BE IT EXACTED, that nothing contained in this Saving rirhtsi t t l a Crown axd otherd.

Ordinance, or in the Acts herein recited or referred to, shall extend to authorise the Company to take or use any land or soil, or any rights or privileges in respect thereof, belonging to her Majesty, without the consent in writing of the Governor of this Province for the tira2 being. first had and obtained; and nothing herein contained shall be deemed to affect any right, title, or icterest of Her Majesty, her H& S,

or Successors, or of any Body Politic, or Corporate, or of any othcr

person, save such as are mentioned herein, and those clitirning by,

from, through, and under them,

L. AND WHEREAS the Company will incnr great expense ExpmptiOs f r m

in making and maintaining the draino~c of the Railway and works, local rates.

and in wages to Police, and is by this Ordinance required to carry mails, policc and military, and public stares, free of charge; BE IT THEREFORE ENACTED, that the undertaking shall be and is hereby declared to be exempt from Sewers, Highway, Municipal, Police, Implovement, and all other local Rates and Taxes, now or hereafter to be imposed.

LT. AND BE IT &ACTED, that this Ordinance shall be a Public A C ~,

Public Act, and shall be judicially taken notice of as such.

LII. AND BE IT ENACTED, that in citing this Act in other Short Title of h t.

Acts, and in legal instruments, it shall be sufficient to describe it as

" The Adelaide City and Port Xailway Act."

F ---- 4.

LIII. AND BE IT ENACTED, that where the W O Y ~ I~nderr Xnterpl-etation of tho words '' Under.

taking" is used in this Ordinance with reference to the said Railway, ,, and ,.At+

branches and works, the said word shall be construed to mean t o m v o f t ~ t e

the Railway, ~ranches, Sidivgs, Termini, Stations, Conveiknces, Uombn~."

andworks, by this Ordinance ant horised to be made; and that where

the words Attorney of the Company" occur, they shall be construed

to mean the ~ t t o k e ~ for the -ti& being, appointed under the

provisions of the first mentioned Deed,

LIV, AND

LIV. Awn BE IT ENACTED, that this Ordinance &all conzrnellce

and take effect from and after the passii~g thereof.

H. E. F, YOUNG,

Passed the Lqqislutive Council, this

NheteentR day of February, One Tkousmd Etght Hultdred urid

F ftg

Clerk of Council,