Roseworthy and Forresters Railway Act 1866 (SA)

VICTORIB REGIN&.

No. 24.

A?2 Act to authorize and provide .for the construction t f a Line o f

Railway from Roseworthy Htation, Section No, 70, in the Hun-

dred of Mudla Wirra, to Section No. 986, in the Hundred of Gilbert, and to confer certain powers on the Commissioner of Railways.

[Assented to, 11th January, 1867.1

HEREAS it is expedient to provide for the construction of Pream~e.

70, Hundred of Mudla Wirra, to Section 986, in the IIundred of

W a line of railway from the Roseworthy Station, Section No.

Gilbert: And whereas plans and sections of the railway by this Act authorized to be constructcd, 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 Governo~in-Chief of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parlia- ment assembled, as follows:

1. It shall be lawful for the Treasurer for the time being of the Treamrer to r a h

said Province, from time to time to issue bonds, not exceeding iu &72,000,

the whole the sum of Seventy-two Thousand Pounds, for such amounts as he may deem expedient; and such bonds shall be in the form following, that is to say-

NO. % NO. Form of bond,

South Australian Government Revenue Securities.

(Roseworthy to Forrester's Railway.)

I, the Treasurer of the Province* of South Australia,

3 P in

30° VICTORIIE, No. 24.

Roseworthy to Furrester's Railway Act.-1866-7.

in consideration of the sum of Pounds, paid

to me for the construction of the Roseworthy to

Forrester's Railway, dn hereby bind myself to pay to the holder, for the time being of this present obliga- tion, the sum of Pounds, and interest thereon after the rate of six per cent. per aimnum; 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 thousand 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 Sbuth Australian Government Gazette [and in the

London Gazette]. Principal 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 obligee thereof.

Interest at six per

2. The said bonds shall bear interest at the rate of Six Pounds bonds shall be payable and paid to the holder thereof, at such place

cant.

per centum per annum; and the interest and principal upon such

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 twenty-five years, and the time appointed for payment thereof

shall not extend beyond thirty-five years.

Bonds to be gold.

3, The Treasurer shall cause every bond issued under this Act, to be sold for the best price, not being below par, that can be ob- tained for the same.

Application of ' 4. All sums of money raised and received by the Treasurer upon

moneya. the security of the said bonds, shall be carried by the said Treasurer to the credit of the Commissioner of Public Works, as the Commis- sioner of Railways, and shall be by him paid to the said Commis- sioner, in such amount and manner as the Governor, by any warrant under his hand may, from time to time, authorize and direct.

Payment of principal 5. The said Treasurer shall, and he is hereby required, in each

md interert,

and every year from the first raising of any sums of money under the

authority

30° VICTORIB, No, 24.

Roseworthy to Forrester's Ruilway Act.-1866-7.

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 all bonds which shall then bear interest; and shall apply such sum in payment of such bonds and interest as aforesaid, in fianner specified in such bonds.

6. " The Railways Clauses Consolidation Act" and " The Lands ~ncorpo?-ation of gene-

Clauses Consolidation Act" shall be incorporated with and form part ral Ordinancca.

of this Act.

7. The commissioner of Railways may make and maintain a line Power to make rail-

of railway from the Roseworthy Station, Section No. 70, Hundred of way. with all proper works and conveniences connected therewith, as thc same is delineated in the plans of the said railway, signed "W. Hanson, 12/11/66,'' and deposited in the office of the Surveyor- General, at Adelaide, as aforesaid, and for that purpose may enter upon, usc, and take such of the lands delineated and refcrred 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 List ofcrossinge on

railway and branches by this Act authorized to be made, may carry	leV"*
the same on the level across the several roads lettered on the plans hereinbefore mentioned, as follows, that is to say-A, E, G, J, N, K,
W, Y, BB, DD, GG, KK,

9. The said Commissioner may stop and close, either wholly or oommissioner may

in part, sllch of the roads shown upon thc said plans, and marked respectively B, C, D, F, H, I, K, L, M, 0, P, Q, S, T, U, V, X, Z, AA, CC, EE, FF, HH, 11, JJ, LL, at the point 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

rcccivc f ~ d l compensation in respect of any loss or damage to be which shall abut upon any road so stopped shall be entitled to 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 provisions thereof.

10. When any road shall have been stopped or closed, in whole ~q convey lencis.

or in part, by virtue of the power so hereinbefore given, i t 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 said Commissioner shall, with respect to all roads shown May have power of

upon thc said plans, have all the rights, authorities, and powers of Commissioners under	Road Act.
Commissioners of Roads under an Act, No, l 7 of 1852, For the making and improving of Roads in South Australia, mid the Roads Amendment Act of 1863. 12. The

30. VICTORIB, No. 24.

Roseworthy to Forrester's Railway Act.-1 86 6-7.

12. The gauge of five feet and three inches shall be the gauge to be used in the railway 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 be adopted in the neighboring Colonies.*

TOI~S. 13. The said Commissioner may demand a,ny tolls for the use of

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

Tonnage on nrticlee	I. In respect of the tonnage of all articles convcyed upon the railway, or any part thereof not in this Act otherwise par- ticularly specified, not exceeding the rate of Ninepence per ton per mile:
convcped.

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

Shilling per ton per mile:

For every description of carriage, not being a carriage adapted and wed for travelling on a railway, and not weighing more than one ton, carried or conveyed on a tmck or platform, per milc, 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 cxcceding Eightpence:

T O I I ~ for passangera 11. I n respect of passengers and animals conveyed upon the 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:

and cattle,

railway in carriages, whether belonging to the said Com-

missioner or otherwise, as follows:

For every person conveyed in a second-class carriage or

compartment, per milc, 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 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 Half-penny per mile.

TOHB to include use of

14. In the said tolls shall be included the toll for the use of the carriages, and of the engines or other means used for propelling the carriages on the said railway, and that 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 engines and carriages for special and express trains:

loconwtiv e power.

And provided, also, that anv person or corporations employing their

own

30" VTCTORIB, No. 24.

- ---

Roseworthy *to Forrester's Railway Act.-1 866-7.

own locomotive engines and carriages shall be entitled to run such engines and carriages upon the said railway and branches, paying seventy per cent. of the tolls receivable or payable in respect of the goods and passengers conveyed or carried by such engines and car- riages,

15. In addition to the prescribed tolls for thc conveyance of z ~ ~ as the a t ~ ~ ~ ~

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 crnploy thcir own servants for loading and unloading, subjcct to the regulations in force for the time being for the working of the said railway; 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

a ton.

said Commissioner may lawfully demand the tolls following, for parcela. 16. Notwithstanding the rate of tolls hereinbefore prescribed, the Tolle for separate

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

say-

For the carriage of small parcels on the railway-For 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 my 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:

Provided that articles sent in 1a;rge 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-

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 ahall think fit.

17. In all cases where any article, matter, or thing, not being a Commissioner to be entitled to receive

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

a d branches, for so short a distance that the sum of money autho- short distances.

rized by this Act to be demandcd or received for the same shall not

3 z amount

Roseworthy to Forrester's Railway Act.-1 866-7.

amount to the sum of Three Shillings per ton, the sum to be paid in

respect of the carriage thereof shall be Three Shillings per ton.

Qoods when to bc

removed.	18. Owners or consignees of articles shall remove the same from the station or terminus of their destination on the said railway, 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 filrther, 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 shall be charged and payable in respect of such goods for the warehouse-room thereof.
pa5sen~"	19. Every passenger travelling upon the railway may take with him his ordinary luggage, not exceeding one hundred pounds in weight for first-class passengers, and sixty pounds in weight fer second-class passengers, without any charge being made for the carriage thereof.
Powers to lewc
railway.	20. The Commissioner of Railways shall have and exercise dl the powers and authorities with reference to leasing the line of railway hereby authorized to be constructed, and otherwise, as are conferred upon him by The Railway Commissioners Act," in respect to the under takings therein mentioned.
Appro~riationaoftolls,
rents, &c.	21. All tolls, rents, dues, charges, and sums of money, which may at any time be received and levied under authority hereof, and all 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 purpose of, in the first instance, defraying the cost and charges of and attending the maintenance, working, and manage- ment of the said railway, 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.
Annual abstract of

accounts to be pub- 22, The said Cornmiasioner shall, on or before the first day of

lished. February in every year, prepare an annual account in abstract of the total receipts "and expenditure of all funds raised or received under au th~r i{~ hereof foi the purposes of the railway by this Act authorized to be constructed, 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 balauce 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 Gmette.

23. The

30" VICTIOEXE, No. 24.

Roseworthy to Forrester's Raihay Act.--1866-7.

23. The Governor may from time to time, by warrant under his Governor may ad-

hand, authorize the Treasurer to advance and pay to the said Corn-	vance moneys k be
missioner, for the purposes of this Act, any sums of money not exceeding in the whole the sum of Seventy-two 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.

24. The railway and branches by this Act authorized to be con- Exemption fromlood

structcd, shall be, and are hereby declared to be, exempt from sewers, highway, municipal, police, improvement, and all other local

rates and taxes.

25. This Act may be cited as the " Roseworthy to Forrester's 8hortt i t leof~ot.

Railway Act, 1866-7."

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

this Act,

D, DALY, Governor.

Adelaide : Printed by authority by W, C. Con, Goyernmc~t Prinkr, Victoria-sqw.