Port Pirie Railway Act 1873 (SA)

ANNO TRICESIMO SEPTIMO

VICTORIAZ REGINE:

A. D. 1873.

No. 8.

An Act to provide jbr the formation of a Line of Railway from

Port Pitie.

[Assented to, 18th December, 1873.1

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

abouts, as shewn in the plans hereinafter referred to: And whereas W line of railway from Port Pirie to Gladstone, or there-

plans of the proposed railway, showing the line thereof, together with the book of reference thereto, have been duly prepared and deposited in the office of the Surveyor-General, at Adelaide, and signed L' H. C. Mais, Engineer-in-Chief, October 13th, 1873 "-Be it therefore Enacted bv the Governor of the Province of South Aus- tralia, with the adviie and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:

1. This Act may be cited for all purposes as '' The Port Pirie short Title.

Railway Act."

2. The Act No, 6 of 1847, the Act NO. 26 of 1855-6, the Act Incorporation.

No. 7 of 1847, and the Act No. 6 of 1858, so far as the same are severally applicable to this Act shall.le incorporated therewith, and this Act and the said Acts shall be read and construed together accordingly.

3. The Commissioner of Railways may make and maintain a line power B m d e rail-

of railway from Port Pirie, as aforesaid, to the point hereinbefore way'

referred to, as shewn in the said plans, together with all proper

N works

works and convenierkes connected therewith, as the same is delineated in the said plans so depopited in the office of the Sur- veyor-General, at Adelaide, aforesaid, and for that purpose may

enter upon, use, and take such of the lands delineated and iefemed to in such plans, as shall be or be deemed necessary for such purpose.

Power of Commis-

rioner. 4. The said Commissioner shall have and exercise the like

powers and authorities with reference to the undertaking hereby authorized, as are conferred upon him by Act No. l1 of 1859, in respect to the undertakings therein mentioned: And for the pur- poses of this Act and for carrying out the undertaking hereby authorized, the Commissioner shall be deemed to be The Pro- moters of the Undertaking " mentioned in. the said Act No. 6 of 1847, and shall and may have and exercise in relation to the under- taking hereby authorized all the powers and authoritics by such Act vested in "The Promoters of the Undertaking :" And for the purposes of this Act, and for carrying out the undertaking hereby authorized, the said Commissioner shall be deemed to be "The Company'? mentioned in the said Act No. 7 of 1847, and shall and may have and exercise in relation to such undertaking all the powers and authorities by such Act vested in the Company.

5. The gauge of the said railway shall be three feet six inches, and the rails to be used in the construction thereof shall be of iron, and of the weight of not less than thirty-five pounds to the yard.

fialh~	on the Ieyela	6. The said Commissioner in t-he construction of the railway by this Act authorized to be made, may carry the same on the level across the several roads lettered on the plans hereinbefore mentioned
as follows, that is to say-A, B, C, D, E.

Cornmisslioner may

#top roads. 7. The said Commissioner may stop and close, either wholly

or in part, the road shown upon the said plans, and lettered AA, BB, at the point of intersection by the said proposed railway,

as he may from time to time deem expedient: Provided that

the owners aud occupiers of all lands which shall abut upon the road so stopped, shall be entitled to receive full compensation in respect of any loss or damage to be occasioned by such stoppage: and the amount and application of any such compensation shall be determined in manner provided by the Act No. 6 of 1847, for determining the amount and application of any such compensation to be paid for lands taken under the provisions thereof.

May convey Imda. 8. When any road shall have been stopped or closed in whole or in part, by virtue of the powers so hereinbefore given, it shall be lawful for the said Commissioner to convey such roads, so far as the same may be stopped or closed, or any part thereof, to the owner of Go land upon which such road or part of a road may

k 9. The

The Port Pirie Rnilwap Act.- 1873.

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g. The said Commissioner shall not be bound to fence the said : :?$ ;= ;

line of railway along any portion thereof excepting where the line

P asses .through enclosed land.

10. The said Commissioner shall, with respect to all roads shown May havs power of Commissioners under

upon the said plans, have all the rights, authorities, and powers of ~ ~. a

sot.

C~rnmissioners of Roads under the Act No. 17 of 1852; and the

Act No. 11 of 1863.

11. The said Commissiouer may demand any tolls for the use of Tolls-

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

I. In respect of the tonnage of all articles conveyed upon the Tomagoon articlee

railway, or any part thereof not in this Act otherwise par- cOnye~ed.

ticularly specified, not exceeding 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, not exceeding One Shilling and Three- pence per mile,; and for any ton or fractional part of a ton beyond one ton, which any carriage may weigh, a sum not exceeding Eightpence per mile:

rr. In respect of passengers and animals conveyed upon the Tollsfor pasaongers	railway in carriages, whether belonging to the said Corn- and oattle.
missioner or otherwise, as follows:

For every person conveyed in or upon any such carriage, being a first-class carriage, or compartment of a carriage, not exceeding Fourpence per mile:

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

partment, not exceeding Threepence per mile:

For every horse, mule, ass, or other beast of draught or burden conveyed upon the 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 smdl animal con-

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

Pmvided always, that for every fraction of a milc a full mile may be charged, and that for any shorter distance than three miles three mile8 may be charged.

12. In the said toll shall be included the toll for tbk use of the T O I ~ to include uee

carriages, and of the horses or other means used for propelling the of motive power.

carriages on the said railway, and no further charge than is here-

tofore stated shall be made therefor: Provided that nothing herein -

contained

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Th Port Rrie Railway Act.-1873.

contained shall be construed to prevent an extra charge being made

for the use of horses 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.

Regulation8 a0 to the	13. In addition to the prescribed tolls for the conveyance of articles, the said Commissioner may charge a reasonable sum 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 railway.
tolle.

Weight how deter- 14. The weight of all articles, except stone and timber, shall be

mined.	determined according to the usual avoirdupois weight; with respect to stone 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.
Tolls for separate	15. Notwithstanding the rate of tolls hereinbefore prescribed, the said Commissioner may lawfully demand the tolls following, for small packages and single articles of no great weight, that is to say-
parcela.

For the carriage of any parcel not exceeding twenty-eight

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

For any parcel not exceeding 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:

E

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 cf 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 like, shall not be deemed small parcels, but such - term shall

apply only to single parcels in separate packages.

to be 16. In all cases where any article, matter, or thing, not being a

small package, shall be carried or conveyed along the said railway

sum of money authorized by this

for the same shall not amount to

ton, the sum to be paid in respect to

ree Shillings per ton.

370 VICTORIB, No. 8. 47

The Pbrt Pirie Railway Act.-1873.

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17, Owners or consignees of articles shall remove the same from the

or terminus of their destination on the said railway, within

twelve working hours after their arrival there, unless such arrival

G00d8, when to be

removed.

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 liable to demurrage at and after the rate of Two Shillings and Sixpence per ton; and further, if not removed after the expiratlion of twenty-four hours at and after the rate of One Shilling per ton for such twenty-four hours or any part thereof: Provided, nevertheless, 'that if such articles be not removed from such station or terminus of their destination bcfore the end 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.

1s. Every passenger travelling upon the railway may take with P a s w ~ r s ' luggage.

him his ordinary luggage, not exceeding one hundred pounds in

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

second-class passengers, witlmut any charge being made for the

carriage thereof.

All tolls, rents, dues, charges, and sums of money, which may at any time be received and levied under authority hereof, and all rental &c. rents to arise from any lease of the said railway, shall be, from time to time, in such manner as the Goveroor may prescribe, paid to the Treasurer for the public purposes of the said Province. ~ ~ p r o ~ l i a t i o u o f tolb,

19.

20. The said Commissioner shall, on or before the first day of Annual abstract of accounts t o be pub-

August in every year, prepare an annual account in abstract of lished.

the total receipts and expenditure under authority hereof for the

railway by this Act authorized to be eonstruked, from what

source soever the same may be derived, for and during the past

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 arid certified by the Treasurer,	and also by the Auditor-General, and a copy of such account shall
be published in the Government Gazette.

21. The railway by this Act authorized to be constructed, shall Sxemption frmlocal

be, and is hereby declared to be, exempt from sewers, highway, rates.

m~icipa l, police, improvement, and all other local rates and taxes.

22. The powers hereby vested in the said Commissioner for the Limiting powersof

compulsory purchase

cot~pulsor~ purchase or taking of lands under and pursuant to the or taking.

Lands Clauses Consolidation Act, shall not be exercised after the expiration of five years from the passing of this Act.

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

this Act.

A. MUSGRAVE, Governor.

Adelaide : By authority, W. C. Cox, Government Printer, North-terrace.