Port Wakefield and Kadina Railway Act 1873 (SA)

ANNO TRICESIMO SEPTIMO

A. D. 1813.

No. 9.

An Act to pr~vide~foror the formation o f a Line of Railway from Port

Wakefield t o ' ~ a d i n a.

[Assented to, 18th December, 1873.1

4 A s it is expedient to provide for the construction of a Preamble.

WHERE South Australia, to Kadina, in the said Province: And whereas line of railway from Port Wakefield in the Province of

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 13. C. Mais, Engineer-in-Chief, July 17th, 1878 "-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 Parlii- ment assembled, as follows:

1. This Act may be cited for all purposes as 'L The Port Wake- m~fitit le.

field and Kadina 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 be 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 p , , , to ,ae

of railway from Port Wakefield aforesaid, to Kadina aforesaid, together with all proper works and conveniences connected there- k tb, as the same is delineated in the said plans so deposited in the

P office

37" VICTORIE, No. 9.

The Port Wukejield and Kudina Railway Act.-1873.

office of the Surveyor-General, at Adelaide, aforesaid, and for that purpose may enter upon, use, and take such of the lands delineated and referred to in such plans, as shall be or be deemed necessary for such purpose.

Power of Commir-	4, The said Commissioner shall have and exercise the like powera and authorities with reference to the undextaking hereby authorized, as are conferred upon him by the Act No. 11 of 1859, in respect to the undertakings therein mentioned: And for the purposes of this Act, and for carrying out the undertaking hereby authorized, the Commissioner shall be deemed to be The Promoters of the Undertaking" mentioned in the said Act No. 6 of 1847, and shall and may haye and exercise, in relation to the under- taking hereby authorized, all the powers and authorities 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
sioner.
be The Company" mentioned in the said Act No, 7 of 1847,
and shall and may have and exercise, in relation to such under- taking, 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.
List of croaeingtl on	6. The said Commissioner, in the 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, 4 D, E, F, G, H, I, H, L and M.
the level.

7. The paid Commi~sioner may stop and close, either wholly or in

~ommieeioner may

rtop roade.	part, such of the roads shown upon the said plans, and lettered respectively AA, BB, CC, DD, and EE, at the points of intersection	by the said proposed railway, as he may from time to time deem
expedient: Provided that the owners and occupiers of all lands which shall abut upon any 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 lands. 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 the land upon which such road or part of a road may abut.

9. The

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The Port WakeJield and Kadina Railaay Act.-1873.

_--

May have power of

g. The said Commissioner shall, with respcct to all roads shown Commissioners under

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

Road Act.

Commissioners of Roads under the Act, No. 17 of 1852, and the

Act, No. I1 of 1863, or any Act amending the same.

10. The said Commissioner may demand any tolls for the use of Tolla.

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

I. In respect of the tonnage of all articles conveyed upon the Tonnage on articles

railway, or any part thereof not in this Act otherwise par- ticularly specified, not exceeding the rate of Ninepence per ton per mile:

For wool, rncasurement goods, fruit, and furniture, One

Shilling per ton per mile:

For every description of carriage, not being a carriage ada3pted 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 R ton beyond one ton which any carriage may weigh, a sum not exceeding Eightpence per mile:

11. In respect of passengers and animals conveyed upon the Tolls for passengers	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

compartment, 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 small animal con-

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

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

use

11. In the said toll shall be included the toll for the use of the of motive power.

carriages, and of the	horses or other means used fbr propelling the
carriages on the said	railway, and no further charge than is here-

tofore stated shall be made therefor: Provided that nothing herein 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 nreclude private individuals from contrac&g with the said ~ommissioner for Der-

VICTORIA$ No. 9.

The Port Wn%e$eld and Kadinn Railway Act.-1873.

mission to use their own trucks or carriages upon the said

railway.

Regulationaaa to the 12. I n addition to the prescribed tolls for the conveyance of

tolb.

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

1oading.and unloading, subject to the regulations in force for the

time bemg for the working of the said railway.

Weight how deter-

13. The weight of all articles, except stone and timber, shall be determined according to the usual avoirdupois weight; with respect to stone and timber, fourteen cubic feet af 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.

mined.

Tolls for ~parate F4. Notwithstanding the rate of tolls hereinbefore prescribed, the

parcels.	said Commissioner may lawfully demand the tolls following, for small packages and single articles of no great weight, that is to
my-

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 fiftysix 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 boiler, cylinder, or single pie& of	machinery, or single piece of tiniber 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 like, shall not be deemed small parcels, but such term shall

apply only to single parcels in separate packages.

Commissioner to be

entitled to receive	15. In all cases where any article, matter, or thing, not being a for so short a distance that the sum of money authorized by this Act to be demanded or received for the same s h d 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
fixed aum per ton for	small package, shall be carried or conveyed along the said railway
ahort distances.
ton,

16. Owners

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The Port WnkeJieZd and Kudina Railway Act.--1873.

the station or terminus of their destination on the said railway, withilz removed. 16. Owners or consignees of articles shall remove the same from Goods, when to h

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 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 expiration 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 before 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

l?. Every passenger travelling upon the railway may take with Passengers' luggage.

him his ordinary luggage, not exceeding one hundred pounds in weight for fir'st-class passengers, and sixty pounds in weight for second-class passengers, without any charge being made for the carriage thereof.

at any time be received and levied under authority hereof, and all rents, &c. 18. All tolls, rents, dues, charges, and sums of money, which may Appropriationoftolls,

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.

19. The said Commissioner shall, on or before the first day of Annual Abstract of accounts to 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 constructed, from what source socver 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

by the Auditor-General, and a copy of such account shall be pub-	same account duly audited and certified by the 'Jkeasurer, and also
lished in the Government Gazette.

20. The railway by this Act authorized to be cunstructed, shall Exemptionfroml~d

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

municipal, police, improvement, and all other local rates and taxes.

21. The powers hereby vested in the said Commissioner for the Limiting powem of .

compulsory purchase or taking of lands under and pursuant to the ort&n,

oornpulsory pnrche

said Act, No. 6 of 1847, shall not be exercised after the expimtion

of five years from the passing of this Act.

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

this Act.

A. MUSGRAVE, Governor.

-

Adelaide : By authority) W. 0. Cox, Government Printer, North-terrace.

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