Railways Commissioners Act 1859 (SA)

ANNO VICESIMO SECUNDO ET VICESIMO TERTIO

A. D. 1859.

No. 11.

An Act to vest thepouws and functions qf the Sozlth Australian Railway

Commissioners ill, the Commissio~ler of Y?cbEic Works, and for

othe~ purposes therein mentioned.

[Assented to, 1st Septcrnber, 1859.1

IIEREAS by An Act of the Governor and Legislative Council lJrenrnblc.

W of thc Yrovincc of South Australia, No. 27 of 1855-6, " To X 2-r - /d~b

authorize the appointment of South Australian Railway Commis- - +- '-I---

sioners, and to vest in them the construction of the Adelaide City and Port Railway, and of the Adelaide and Ga~vler Torvn Railway, and to authorize the raising of a further sum of Thirty-six 'I'housand Pounds for the completion of the Adelaide City and Port Railway," it was enacted that it should be lawful for the Govcrnor to appoint South Australian Railway Commissioners to whom the undertakinrrs therein mentioned should be entrusted for execution; and whereas gy An Act passed in the iwenty-first year of the reign of Her present ---- <L-> -- .- -

M?e+ty, U To authorize and provide for the coiistr&ion of a ilail-

wav rom the ~ rescn t Terminus of the Adelaide and Gawler Town

~ d l w a ~ to ~ e & i o n 112, in the Hundred of Light, and to confer certain powers on the South Australian Railway Commissioners," certain powers, oldigations, and rights were conferrea and iinposcd on the said Commissioi~ers; and whereas by An Act passed in the twenty-second pear of the reign of Her present Majesty, "To authorize 2 --- 2 - ? - /A2G.~ -- ---

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and provide for the construction of a Railway from the present terminus of the Adelaide and Gawler Town Railway at Section 112, in the Hundred of Light, to Section 1411, in the Hundred of Ka- punda, and to confer certain powers on the South Australian Railway Cornmissioncrs," ccrtain further powers, functions, obliga- tions, duties, and rights were conferred and imposed upon the before-

D 2 mentioned

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mentioned Commissioners: and whereas it would conduce to the more efficient sad economical management of the undertakings in the said Acts if the powers, functions, obligations, duties, i n d rights of the said Commissioners, together v i th thc powcrs of leasing, hereinafter contained, were conferred uporr the Commissioner of Public Works: Be it therefore Enacted, by the Governor-in- Chief of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Pro- vince, in this present Parliament assembled, as follows-

- l, Frog and after which this Act shall come into

- o eration all the obligations, duties, iinmunities,-

an %- rlghts, by the said Acts, or otha~rise, conferred p --- or imposed U on, or

vested in the South Australian Railway C m m i s s i o ~ shal&

hereby are tranzerred to andimposed upon and v z e d in the Commis- sioner of Railways, aid. shall be enjoyed, exercised, and performed by him, to the same extent, tmd within the samc limitations as t h y now -- ---

are or have heretofore been enjoyed, exercised, and performed by - the South Australian Xailway Commissioners and the authorities & e ~ i % y tI&.. said Acts. to t h e Treasurer arid the Governor in refcrcncc to moneys reccived bp the Trcasurer, or the advancement and payment of moneys, shall extend to the carrying over, advance- ment, or payment of such moneys to, or to the credit of the Coin- missioner of Railways, in the same - manner. -- - as if his narnc had been

introduced into the -- sa id-~cts in l i e u f thc said South Australian

Railway Commissioners.

Commissioner of Pnb- 2, The Commissioner of Y ublic Works for the time being slid1 bc

l i u W o t lrs to be Cum-

missionerof Railways. the Commissioner of Railways for the purposes of this Act. -

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Colnmissioner to ap-

point offi-~_c~~.

3. The Commissioner of Railways shall, from timc to time, appoint

and employ such manager, engineers, clerks, messengers, and other

M	F /,'y-	officers as he shall think fi trand shall also, from time to time, at
-M&-	/-J	his discretion, dismiss and discharge such officers, or any of them,

~ a l m i ~ s voted bp and appoint others in their place' Provided that the -salaries or

Parliament.	rewards of all persons appointed and employed by such Commissioner under tlie authority of Act, shall be annually voted by Parliament.
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of Commisaioners 4, All lands, chattels, and effect,^, belonging to or vested in the

trxnuferred.	said South Australian Railway Commissioners, and all moneys due and owing to such ~ornmissbe r s, shall vcst absolutely in ind be paid to and recoverable by the Commissioner of Railways; and all contracts entered into with or by the said Comnlissioners may be en- forced by or against the said Commissioner of Railways.
Power to lease
railways.	5. I t shall be lawful for the Commissioner of Railways, from time to time, by advertisement in the Government Gazette, and in one or more of the daily newspapers, to invite tenders for the renting on lease of the said railways, and any branches thereof, and the works appertaining thereto, for such periods and upon such terms as may appear to him expedient; and, upon receipt of snch tenders, to accept

any

any one thereof, or, at his option, to refuse such tenders; and, upon

the acceptance of any such tenders, and security being given to his s-faction for the due performaner thcreof, md of any lcase to be issued in pursuance thereof, to demise and lease the said railways, branches, and works, and the tolls, dues, and charges thereof, and &ing therefrom: Provided thnt every such lcase shall contain n covenant on the part of the lessee to provide a conveyance for all military, volunteers, militia, police, and other fumes, when proceeding on duty, a d for all public msils iuld public stores, by the ordinary trains free of charge; and, in the event of invasion or civil con- motion, to place the whole resources of the railwnys at the dis- posal of the Governor, upon requisition, at the charge actually incurrcd by such lesscc.

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6. This -4ct shall take effect from the expiration of one calendar Cmmcnt.cment of G >

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month fr6m thc passing thereof: /

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have this thy re- pointed Willilzm Iianunrr, t(Lqllire,

am w: n e r r - i n y m

' h Australian EEailwups.

- &LT~ICR ,&.YTII,

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