Port Adelaide Railway Act 1853 (SA)

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No judgment structure available for this case.

No. 18.

An Act to authorize the raising o f (L Sum of

Onc Hmdred

and F@y

Thousand

t'owr~ds * f i r the

cok t ruc t ron oJ' the

Adelaide City and Port Rnilumy, ond to uuthnrize the L- G,

U,/dertokem to deviate from

the orii innl l ine qfsu, /L

ilrrilwny;

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and for other purposes 'therein mentioned.

[Assented to, L)eccrnbvr 9, 1853.1

RESS, by an Act of the Governor and Legislative Coun- Yreamble.

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&5"r/

cil of the Province of South Australia, No.

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- of

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185

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authorize the appointment of Undertakers for the ,City and l'ort

p,h4 L d.,s .- /

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Railwa

it was among other things enacted, that mould

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for ---I?& t le overnor and Legislative Council in manner therein speci-

fied, to appoint certain persons to be TJntlcrtakers for the construc-

tion, completion, and management of the Adelaide City and Port

Itailway, and that all rights, powers, and privileges, by the

" Adelaide City and Port Railway Act" given to, nnd all duties and

obligations thereby imposed upon, the Adelaide City and Port Rail-

way Company, so far as the same should relate to the coustruction

or completion of the said Railway should be enjoyed and exercised

by and vested in, and binding upon such Undertakers: And. wherens,

also, by an Act of the said Governor and Council, No. 12 of 1852,

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to provide for the raising of a sum of Sixty T h o u s a n ~ ~ & n ~ e r

the authority of the Undertakers for thes,ity and Port Railway, and

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the purpose therein named, it was amongst other things enacted, that it should be lawful for the Treasurer of the Colony for the time being, as he should be required by the said id~ndertakers, to issue

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bonds to at) amount not exceeding in the aggregate the sum of

Sixty Thousand Pounds, to be appbed i n construction of the works authorized by the said firstly recited Act: And whereas, in conse- quence of the great advance in the wages of labor and in the price

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of articles to he nsed in the construction of the said Railway, the sum of Sixty Thousand Pounds hv the said last recited Act 311. thorizrd to be raised, is not sufficiett for the pm.poses to which the same is to be applied, and it is experlieilt to a~itllorize the raising of

a sum of One Hirildred and Fift'y Thonsaod Pounds for such pur.

poses, and it is also expedient to authorize certain deviations to be made from the line sanctioned hy the said " Ad eldde City and Port h i l w a y Act7'--- ICe it c~~actetl by the Lieu tenant-Governor of South

~ u s t r d i a,

with the advice and coiiseut of tlle Legislittive Council

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of the same, ss follows:

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2. Instead of the sum of Three l'llousand I'onnds, by the said.

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lastly scciteci Act, No.

1 2 of

1852, authorized to be set apart half

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2 * ! !, Y y,

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u1,t

yen!:ly

hy the Colouial Treasurer, there shall be set apart by tln:

or t i l t $ c; . ( b, ,,

L.?.llLJ i~,iti AL,d $0. I'ive Hundred Pounds, and insteadpf the sum of Six Thousand

I, i mid C o l o ~ a Trensurcr lialf yearly, n suin of Sewn Thousand

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S'ouom~k by such Act directed to be annuid1 appropriated from the

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G e i w d Colonial Rcvenue, thc s r t d c e n 1,housmd Poomls

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he so adual ly appropri~ted,

and a11 the provisions of such

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A. hstly recited Act as to t l ~ e

:I ) ~lication

of the said resprctirt: sums of

& t & ~ $ ~ &. ~ ~ ~

d'

T l m e Thousand and Six -unds,

ancl :M to t h e ~ ~ y i m u t

rd c A, / ~ f ~ p t ~

of interest and redcmptin~r

of' moneys bnrrawccj sllall apply to the

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respective sunis of Seveu l'l~ousnfid Five IIuudwd Yorunds ard

,d

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Fifteen l'housand Pounds, and to tlre moneys to be r:tised w&,r the

,

tlutliority hewof:

Provided that no monry ~ ! d l

he miecd ~uidel*

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y&+Dh--f the nutlmrity of this or the last-nwntio~wd Art at il rats of interest

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exwecling six per cent. per t ~ l i l ~ m l

upoli tlie nrno~~ut

10 raised.

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Gowrnor rr:y rrd-

3. It slla11 be lawful for the Governor from time to time, before

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1 w ~ r 1 t ~. w

i n

t l t c, i, ,, ,

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any money shall have been r:tised by the Colonial Treasurer by the

issue of such bonds as aforesaid, by warrant under his hand, to authorize ~ 0 1 o n i: d T'reasureE from time to time. to advarlee

nod pay to the said IJndertakcrs, out of the Genend ~Re;enoe of the

said Province, such snms of money as shdl not exceed the sum of ( h c Hundred s a d fifty Thousand Pounds, to be by the said Undertakers applied in the ni:mner hereiubefore prescribed, wit11 reynrd to the sun1 aut'iiol-iztd to be rniscd 1,v tllP issne of holds;

nl~d

i11 the w e n t of any money being so ad&noed

and pd, t h ~ 1

m y nioneys

to

he r;~ised by the issue of' s r d i hoi~cls

sldl, in t h

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first insta~~ce,

be applied in &c repnyment thcreof.

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4. Tt

11:.

" The Aielaide City and port ~ n i l b a y

Act;"

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:iuthoritiesof " The Adelaide City a n d Port

of "

'I'llc 1,;tnds (

'lnaws Co~lxolid;~

tion ,Ictn si~sll

l applj; to the line

o!'

I<. t~i l~vr~y

anci ~ I ~ ~ C ~ I P S

zs sliewil hy such p ms,

and to all the

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;,k;.ted tlarchy, :iiid to tile owners ill~il o'&opiers of such

I:;n4

h,

in

thc

sanle I I I; L I I I I C ~ ~

:IS tj10ud;11 such pl:~ns

l ~ n d

been

directlv

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~ y t b f i o

i n ' h T r Y Z X J G I e

kid

Port R Z G - ~ ~

net, "

instcih

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ot'the plrws t l i rr in specified :tnd &krrcrl to, and ~

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powers may

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\ W c:sercised a t ally time prcvionsly to the_pcriod fixed hr tile

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tw~!pktion of the S ~ C I

undortsking.

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said " .4delairle City and i30rt l i d w a y Acts:" I'rovidcd tlCtt it sh;~ll be lawfbl for the said limiertakcrs, with the consent of' the

(hvernor, to alter the snid p a g e so 'OM

to hvirr~

the same illto

1 3 m r r

to a i w srrna.

cor~fo~niity

with m y gunge tvl~ich may be adopted In the neighbor-

ins Colonies.

6. Subject to the provisions in thc

Railways Clauscs ('onsoli- 'jf>"*'":'?

he ""bred

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(letion Act" iu referciwe to the crossirlp of roads on a level. it sll !\l he lawf111, for the U l ~ d e ~ k ~ k e r s in the eorlstrnction of the said ihll-

wnv

:~nd

br:xnchc.s, to cnrrv the same on the level across the sevcb~xl

ro:;{is lettered on tile plan flcreirlbeiorc

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nw&oned,

as follows, that l +

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~ i ~ ? - i \,

S, C, D, X, F

R I I ~ C; ;

ILIIL)

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said

U ~ ~ d e r t a k ~ r s

~ l ~ i l l

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]lot bc recpircd to keep opw any roads, streets, or fuotpatlis, c.z;iqh~g those designated hy the above letters: Provided t h t

tt!e ~w i t 1 I Jldertakers sllnll cot\struct conrcrlier~t

footways u~lclcr

the

r:tilw;ty, a t the points marked Y

ancl %, so as to keep UP a safe com-

~ ~ w k: ~ t i o ~ i

b e t ~ ~ e e n

t m o r t i o l l s of' the

l'owris'r~ix~s

of Rowclen

:~,d Rroniptou, which will 6e sepnmtd by tlro said Ailway: Pro- vidril also, that a bridge fbr the passage of carts to and hoio the

Itiver Torreus, haviltg a clear lieadway of' eight feet and a width of

twtllvr feet. shall be made under the railway, at tlie point marked

X 011 t h e h a n, alld that the ronti, commonly Fnlled the kata ln R o d,

4s:dl bc divo$ted, an slloan upou the plan, at M, so as to lead to

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the level crossine at G.

7. It shall be lawful for the Undertakers, with the consent of

'Tolls may he increased

with cunserit u t

the Governor, signified in writing under his hand, to increase the

( i u i u a u r.

tolls for for the use of the railway, by "Thc lldclaidc City :rnd

h r t Railway Act" authorized to be demanded, in respect of the

transit of all articles conveyed upon the railwily, to One Shilling piAr

t(w pm mile; u11d it slid1 not be incunlhelit upon the snid IJnder-

ta1rel.s to dcli\-er guo(19 21id mercllaiidize to bc &li vcred io i\delt-~i! le

at any other level thaln that of the terminus of the snid milwav,

as shown by the said plans

- hereinbefore referred to.

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Repeal of part of

8. So much of the Adelaide City and Port Railway Act as

Adelaide City and

rovides that between the termini of the line and the wharfs, the

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kailway Company shall provide conveyance of goods at the same

charges as on the railway; and that any proprietor or occupier laying down sufficient and proper rails over his wharf, shall be entitled to have the Company's carriages run upon such rails, shall be, and the same is hereby repealed.

~ o o d s

trains may

9. I t shall be lawful for the said Undertakers, with the conseut

travel at a lee8 speed

than fifteen p;liles.

of the Governor, to regulate and prescribe the speed of trains, not

being passenger trains, although the rate so prescribed shall be less

than fifteen miles in the hour.

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Printed by adwtity bj W. C. Cox, Giovemment Printer, Victork-aquare

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