Port Wakefield Tramway Act 1866 (SA)

ANNO TRICESIMO

No. 25.

An Act to authorise and p~ouide for the construction of a Line oJ

Damway from Port Wnke$eld to Hqyle's Piains, Section 102,

ZI2cndred of Hall, to confer certailzpowers on the Commissioner of ~ a i l w a ' ~ s, and also to provide for the improvement of Port

kakt$eld.

[Assented to, l l th January, 1867.1

(REAS it is expedient to provide for the construction of preamble.

W"" Section 102, Hundred of Hall; and it is also expedient to provide a line of tramway from Port Wakefield to Hoyle's Plains,

for the improvement of Port Wakefield, as hereinafter mentioned:

And whereas plans and sections of the tramway by this Act authorized to be constructed, showing the line and levels thereof, together with books of reference, have been prepared, and deposited in the office of the Surveyor-General, at Adelaide-Be it therefore Enacted by the Governor-in-Chief of the Province of South Australia, with the advice and consent o f the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:

1. It shall be lawful for the Treasurer for the time being of the Treasurer to raise

said Province, from time to time to issue bonds, not exceeding in &771000*

the whole the sum of Seventy-scvcn Thousand Pounds, for such

amounts as he may deem expedient; and such bonds shall be in the

form following, that is to say-

NO. 83 No. Form of bond,

South Australian Government Revenue Securities.

1 (Port Wakefield to Hoyle's Plains Tramway.)

I, the Treasurer of the Province of South Australia,

4 A ia

30"1CTORlX, No. 25.

Port Wukefeld to Hoyle's Plains Tramway Act.--1 866-7.

in consideration of the sum of Pounds, paid to me for the construction of the Port Wakefield and Hoyle's Plains Tramway, do hereby bind myself to pay to the holder, for the time being of this present obligation, the sum of Pounds, and interest thereon after the rate of six per cent, per annum;

such interest to be payable on the first day of January

and the first day of July in every year, and the principal to be paid on the first day of, in the year one thousacd eight hundred and

Sealed with my seal. Dated the day of

one thousand eight hundred and

Signed, sealed, and delivered, in

the presence of

NOTE.-Interest, payable at the Treasury, in Adelaide, South Australia, or [in London or in any other agreed place, to be declared at the time of issue] at such place as may be appointed, by notice to be given in the South Australian Government Gazette [and in the London Gazette]. Prhcipcjal payable at the Treasury, in Adelaide, or at the option of the holder [in London or other agreed place] if six months' notice of desire to that effect be given to the Treasurer in South Australia.

And every holder of any such bond, for the time being, shall be entitled to all rights and remedies, under and in respect of the same,

in the like manner as though he had been named therein as the

obligce thereof.

Interest at six per

cent.	2. The said bonds shall bear interest at the rate of Six Pounds per ccntum pcr annum; and the interest and principal upon such bonds shall be payable and paid to the holder thereof, at such place
and at such time as may be specified or provided therein: Provided that the principal shall not be payable or paid before the expiration
When payable.	of twcnty-five years, and the time appointed for payment thereof
s l d l not extend beyond forty-fivc years.
Bonds t o be ~ ~ 1 3.	3. The Treasurcr shall cause every bond issued under this Act, to be sold for the best price, not being below par, that can be
obtained for the same.

Application of 4. Out of the money raised and rccei~ed by the Treasurer upon

moneys. the security of the said bonds, a sum not excecding Sixty-nine Thousand Two Hundred and Fifty-two Pounds shall be carried by the said Treasurcr to the credit of the Commissioner of Public Works, as the Commissioner of Railways; and a sum not exceeding Seven Thousand Seven Hundred and Fortyeight Pounds shall be carried to the credit of the Commissioner of Public Works, *to be by him expended in the improvement of Port Wakefield, as herein- after mentioned; and such sums of money respectively shall be paid

30" VICTORIB, No. 25.

Port WakejeZd to Hoyle's Plains Tramway Act.-1 866-7.

by the said Treasurer to the said Commissioner, in such amount and manner as the Governor, by any warrant under his hand may, from time to time, authorize and direct.

and every year from the first raising of any sums of money under the and interest. 5. The said Treasurer shall, and he is hereby required, in each Payment of principal

authority hereof, until the whole amounts so raised, and all interest thereon, shall have been duly paid, to set apart such sum as shall suffice to pay the amount of bonds redeemable during such year, together with interest upon a11 bonds which shall then bear interest; and shall apply such sum in payment of such bonds and interest as aforesaid, in manner specified in such bonds.

6. " The Lands Clauses Consolidation Act" shall be incorporated Incorporation of NO.

with and form part of this Act. 6 of 1847.

7. The Commissioner of Railways may make and maintain a line Power to mnko tmm-

way'

of tramway from Port Wakefield to Hoyle's Plains, Section 102, connected therewith, as the same is delineated in the plans of the said railway, signed W. Hanson, 1211 2/66," and deposited in the office of the Surveyor-General, at Adelaide, as 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,

8. The said Commissioner of Railways, in the construction of the ~ ~ t l ~ ~ 2 0 s s i n g 6 On

tramway and branches 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, F, G, H, I, J, L, N, Q, T, W, Y, AA, BB, CC, DD, EE.

9. The said Commissioner may stop and close, either wholly or in Corumissioncr map

part, such of the roads shown upon the said plans, and marked 6 t 0 ~ r Y " d s ~

respectively B, C, D, E, K, M, 0, P, R, S, U, V, X, Z, at the point

of intersection by the said proposed tramway, 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 bc entitlcd 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 Lands Clauses Consolidation Act for determining the amount and application of any such compensation to be paid for lands taken under the provision thereof.

10. When any road shall have been stopped or closed, in whole ay conuuy lands.

or in part, by virtue of the power 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.

11. The

252 30" VICTORIB, No. 25.

Part Wakgeld to Hoyle's Plains Tramway Act.-1866-7.

May have power of

Commissioners under	11. The said Commissioner shall, with respect to all roads shown upon the said plans, have all the rights, authorities, and powers of Commissioners of Roads under an Act, No. 17 of 185.2, For the making and improving of Roads in South Australia," and the Roads Amendment Act of 1863."
R O U ~ not.
Gauge.	12. The gauge of three feet and six inches shall be the gauge to be used in the tramway by this Act authorized to be constructed: Provided that the Governor may alter the said gauge so as to bring
the same into conformity with any gauge which may hereafter be
adopted.
Tolls.	13, The said Commissioner may demand any tolls for the use of the tramway, not exceeding the following, that is to say-

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

conveyed, tramway, or any part thereof not in this Act otherwise par- 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 bcing a carriage adapted and used for travelling on a tramway, and not weighing more than one ton, carried or conveyed on a truck or platform, per mile, not exceeding One Shilling and Threepence; and for any ton or fractional part of a ton beyond one ton, which any carriage may weigh, a sum per mile not excccding Eightpcnce:

TOUS for passcngcrs i r. In respect of passengers ancl animals conveyed upon the

and cattlc.	tramway in carriages, whether belonging to the said Com-
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,
per mile, not exceeding Fourpence:

For every person conveyed in a second-class carriage or

compartment, per mile, not exceeding Threepence:

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.

For every horse, mule, ass, or other beast of draught or burden conveyed npon the railway, Sixpence per mile; and for every ox, cow, bull, or neat cattle so conveyed, Twopence per mile:

For every calf7 sheep, lamb, pig, or other small animal con-

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

Tollstoincludeugc*f

-

16. In the said tolls shall be included the toll for the usezof the

looomotive power, 0

carriages,

300 VICTORIE, No. 25.

Port Wak@eld to Hoyle's Plains Damway Act.-1866-7.

carriages, and of the horses or other means used for propelling the carriages on the said tramway, and no further charge than is here- tofore stated shall he made therefor: Provided that nothing herein contained shall be construed to pseveni 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 Commissioner for permission to use their own trucks or carriages upon the said tramway.

articles, the said Commissioner may charge a reasonable sum tolls. 15. I n addition to the prescribed tolls for the conveyance of Regulations na to the

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 tramway; with respect to all articles, except stone and timber, the weight shall be 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: Pro- vided that any less quantity than half a ton may be charged as half

rt ton,

16. Notwithstanding the rate of tolls hcreinbefore prescribed, the Tollafor separrtr

said Commissioner may lawfully demand the tolls following, for puce''*

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

say-

For the carriage of small parcels on the tramway-For any

parcel not exceeding twenty-eight pounds in weight, not

exceeding One Penny per mile each:

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

For any parcel not exceeding one hundred and twelve pounds exceeding Three Halfpence per mile each:

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.

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 onTy 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 said Commissioner may demand such sum as he shall think fit.

17. I n all cases where any article, matter, or thing, not being a Oommiuloner to b entitled to reoeive

small package, shall be carried or conveyed along the said tramway ed sum per ton fob

4 B and; ahort distances,

Port Wakefield to Hoyb's Plains Tramway Act.-1 866-7.

and branches, for so short a distance that the sum of money autho- rized by this Act to be demanded or received for the same shall not amount to the sum of Three Shillings pcr ton, the sum to be paid in respect to the carriage thereof shall be Three Shillings per ton.

abod~ W ~ B D to

removed,

18. Owners or consignees of articles shall remove the same from the station or terminus of their destination on the said tramway, within twelve 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 Sixpence per ton per week sball be charged and payable in respect o f such goods for the warehouse room thereof.

Paaungere' luggage*

19, Every passenger travelling upon the tramway may take with

him his ordinary luggage, not exceeding one hundred pounds in

weight for first-class passengers, and sixty pounds in weight for second-class passengers, without any charge being made for the carriage thereof,

Power to lease 20. The Commissioner of Railways shall have and exercise all the

Tramway. powers and authorities with xeference to leasing the line of tramway hereby authorized to be constructed, and otherwise, as are conferred upon him by "The Railway Commissioner's Act," in respect to the undertakings therein mentioned.

~ppropriation of tolls, 21. All tolls, rents, dues, charges, and sums of money, which may

rents, &o. at any time bc received and levied under authority hereof, and all rents to arise from any lease of the said tramway, shall be, from time to time; in such manner as the Governor may prescribe, paid to the Treasurer for thc purpose of, in the first instance, defraying the cost and charges of and attending the maintenance, working, and manage- ment of the said tramway, and any balance, after payment of such expenses, shall be applied by the said Treasurer to and for the public purposes of the said Province.

Improvement of Port 22. Out of the moneys by this Act authorized to be raised, the

Wakefield.	sum, of Seven Thousand Seven Hundred and Forty-eight Poundls may be laid out and expended by the ~ommissibne; of Public
Works in and about such works as may be necessary for the pur-
pose of deepening the channel from Port Wakefield to the sea, and
in and about the erection of wharfs at the terminus of the said
tramway in Port Wakefield aforesaid.

23. The

30" VICTORIB, No. 25, 255

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Port Wakefield to Hoyle's Plains Thmway Act.-1866-7.

23. The said Commissioner shall, on or before the first day of Annual abstract of accounts to be pub-

February in every year, prepare an annual account in abstract of liahed.

the total receipts and expenditure of all funds raised or received

under authori6 hereof foithe purposes of the tramway by this Act

authorized to be constructed, or for the improvement of Port Wake-

field as hereinbefore mentioned, whether arising from loans, tolls,

charges, or any other service, for and during the past year, under

the several distinct heads of receipt and expenditure, with a state-

ment 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 published in the Government Gazette.

24. The Governor may from time to time, by warrant under his Governor m q ad- vance moneys to be

hand, authorize the Treasurer to advance and pay to the said Corn- repaid.

missioner, for the purposes of this Act, any sums of money not

exceeding in the whole the sum of Seventy-seven Thousand Pounds;

and any sums of money so advanced and paid shall be retained by

the Treasurer out of any moneys authorized to be raised by him

under the authority hereof.

25. The tramway and branches by this Act authorized to be con- Exemption from ~ o c d

structed, shall be, and are hereby declared to be, exempt from rates*

sewers, highway, municipal, police, improvement, and all other local

rates and taxes.

26. This Act may be cited as The Port Wakefield to Hoyle's short title of ~ c t.

Plains Tramway Act, 1866."

In the name and on behalf of the Queen, I hereby assent to

this Act.

D. DALY, Governor.

. 4

D

Adelaide : Print4 by authority, by W. C, CO*, Qovernment Printer, Vioton'a-square.