SA Railways Commissioners Act 1855 (SA)

No, 27.

An Act to authorixe the ~ppointment of South Australian Rail-

way Commissioners, and to vest in them the construction o f

t h e Adelaide Ci{y mu' Port Rdway, and of the Adelaide and

Gawler Tozon Rniiway, and to awthorixe the raising of a

fur ther sttm of Thirty-six TTlzousand Pounds, for the completion

of the Adelaide City and Port Ruilway.

[Assented to, June 19, 1856.1

+ PEAS, by a certain Act, No. 1 of 1851, " TO authorize Proambla, A<*/,

*k appointment of Undcrtakcrs for the construction of the

Adelaide ~ i t i a h d Port Railway," certain persous were authorized to

be appointed, in manner in the said Act specified, to be Undertakers

for tlic construction, completion, and management of tlie Adelaide

City and Port Railway: And whereas, by a certain Act, No. l 8 of	A 0	,J-	-.	/<f i f ig	- - ---
&54, "To authorize the formation of thc Adelaide and Gawler 'I'own
RalI%ay, and to provide for raising the money required for that
purpose," certain persons are authorized to be nominated by the
Governor, in manner therein mentioned, to be Comniissioners for
the execution of such last-mentioned Act: And whereas, by a

certain Act, No. 18 of 1853, "To authorize the raising of a sum	R * /#- /&V.	--"--	- -
of One ~ u n d r e ~ d ~ t i ~ Thousand Pounds, for the construction of the Adelaide City and Port Railway; and to authorize the Under- tilkers to dcviate from the original line of such Railway; and for other purposes therein mentioned;" provision was made for the raising of a sum of One Hundred and Fifty Thousand Pounds by means of bonds, to be issued as therein provided; and for the application of such sum to the purposes of the construction of the said railway; but such sum hath been found inadequate for such purpose, and an additional sum is required for the completion of the said railway: And whereas it is expedient that there should be only one Board, for the construction, completion, and management of the

z 2 said

aaid two railways; and that such Board should be appointed by, and

responsible to, the G overnor; and it is also expedient that a further sum of money should be raised by the issue of bonds, and should be paid to such Board, for the purpose of completing the said Adelaide City and Port Railway, and the branches thereof, as authorized by the said firstly-recited Act: Be it, therefore, enacted, by the Governor-in-Chief of the Province of South Australia, with the advice and consent of the Legislative Council of the same, as follows:

1. I t shall be lawful for the Governor, with the advice of the

GOvemormaYappoint ~011th Australian Rail-

way Commissioners. Executive Co~zncil, by warrant under his hand, and the public seal

of the said ~rovinde, i o appoint three persons, hot holding any other

office under . the --- C r m, with r e a s o x e salaries, f o be C ~ r r u G i s i ~ ~ ~,

% X I ~ purposes of tlds Act, by the title of L' South Australian Rail- way Conmissioners;" and from time to time, with the like advice, to remove any of such persons from such oftice of Conmissioner, and appoint another person in his place; and at all meetings of the said Commissioners, two shall form a cporui~i.

COmmissionersto 2. The said C L South Australian Railway Commissioners" shall

J	Undertakers for Ade-
laide City and POT^ be the Undertakers for the constn~ction, completion, and mixaagc-

and ment of the said Adelaide City and Port Rnilway, in the place of the

missioners forAdelaide

and Oawler own	Ulldertakers by the said Act nnthorized to be appointed; and slzttll
Railway.	liave, enjoy, and exercise ali the rights, powers, and privileges, and be subjcct to and perform all the duties and obligations, by the said firstly-recited Act, or by m y other Act or Ordinance of tile Gover- nor and ~e~islat ivc? CounEiL of the said Province, given to, or vested in, or imposed upon, the said Undertakers by such firstly- recited Act authorized to be nppointcd; and shall also be Com- missioners for the executio~l of the said Act, KO. 18 of 1854, '' To authorize the formittion of the Adelaide and Gawler Town Railway,
nud to provide for rnising the money required for that purpose," in
the place of' the Comniissioiiers by the said Act authorized to be ap- pointed; and shall have, enjoy, and exercise, all the rights, powers, and privileges, and bc subject to and perform all the duties and obli-
upon, the said Commissioners; excepting in so far as the samc, or gations by such lastly-recited Act given to, or vested in, or imposed any of them, may be altered, modified, or affected, by the provisions
hereof.

~ ~ ~ s s i o n e r a to W 3.

The said " South AustralianRailway Commissioners" shall, fiom time to time, appoint and cmploy such secretary, solicitor, engineers, clcrks, messengers, aud other officers, at such reasonable salary, pay, or reward, as to such Commissioners may seem meet, subject to the approval of the Governor, and shall also, from time to time, at their discretion, dismiss and discharge such officers, or any of them,

point officers.

and appoint others in their glace, subject to such approval as

aforesaid.

w & O ~ e r s	4.	The said '' South Australian Railway Commissioners " may sue
ruld be aued in name

of secretary. and be sued in the name of their Secretary for the time being, and

no

no action or suit, to be brought or commenced by or against the said Commissionera, shall abate or discontinue by the death or removal, or by the act of such Secretary: Provided, that nothing herein contained shall extend to make any such Commissioners or Secretary as aforesaid personally, or their respective estates, lands, or tenements, goods and chattels, liable to say judgment, order, or decree, which may be obtained in any such action or suit, but that the costs, charges, and expenses of every such Commissioner, or Secretary, by reason of having been made plaintiff or defendant, or for any contract, act, matter, or. thiug whatsoever, made or entered into in the bor~a $de performance of his duties as such Commis- sioner or Secretary, &all, from time to time, be defrayed by the said C~mmissioners out of the money so issaed to then1 as aforesaid, or out of any other moneys which may come to their hands by virtue of this Act.

The said " South Australian Railway Conimissioners " shall, on

anr-tual accounts in abstract of the total receipts and expenditure of

all fuvds raised or rcceived f'or the purposcs of' each of the said uader-

takings, whctlm arising from loans, tolls, chalgcs, or any other

source, for and during the past year, under the several distinct

heads of receipt and expenditure, with n statement of the balance of

the same account, duly audited and certified by the Colonial

A m a l abstract of

accounts to be

5.

or before tlre first day of February in every year, prepare separate published. aunual account shall Fe published in the South Australian Govern-

ment Gitzette.

It shall be lawful for the Colonial Treasurer, for the time being,

of the said Province, from time to time, to issue bonds, not exceeding raise $3G+)*O.

in the wI10l~f the mm of Thirty-six T h o u s ~ ~ l d Pounds, for such

amounts as Ire may deem expedieut; a id such bonds slrtlll be in the

form following, that is to say-

colonial Treasurer to

6.

KO. 5 NO. $ Form of bond.

Adelaide City and Port Railway Bond.

Colonial Treasurer of the Province of South

4 Australia, in consideration of the sunl of I'ouiids

paid to izlc f'or the purposes of the Adelaide City and Port Railway, 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 nnnum; such iuterest to be payable on the first day of January and the first day of July in every year, aud the principal to be paid on the first day of 7

in the year One Thousand Eight Hundred and 9

Sealed with my seal. Dated the day of 1

One Thousand Eight Hundred and

Signed, sealed, and delivered, in

the presence of

No~~. - -h teres t, payable at the Colouial Treasury in Adelaide,

South Australia, or [ia London or in any other agreed

place],

place], at such place as may be appointed, by notice to be given in the South Austruliccn Government Gazette, [and in the London Gazette].

Principal payable at the Colonial Treasury, in Adelaide, or, at tho option of the holder [in London or other agreed place] if six months7 notice of desire to that effect be given to the Colonial Treasurer in South Australia.

And every holder of any such bond, for the time being, shall be en- titled 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.

Bonb to bear

at six per Gent,

7. The said bonds shall bear interest at the rate of Six Pounds

per centum per annum; and the interest and principal upon s~wh

bonds shall be payable and paid to the holder thereof, at such

place and time as may be specified or provided therein.

bonds, how applied.

Moneys raised bp

8. All sums of money raised and received by the Colonial Treasurer upon the security of the said bond@, shall be carried by the said Treasurer to the credit of the said " South Australian Railway Commissioners," as such Undertakers for the construction, comple- tion, and manaeement of the said Adelaide City and Port Railway, and shall be by h r n paid to the said Commissioners, in such amount

and manner, as the Governor, by any warrant under his hand, may,

from time to time, authorize and direct.

~ 3, 6 0 0 be sot apart

annually for payment

9. It shall be lawful for the said Coloiiial Treasurer, and he is sums of money under the authority hereof, until the whole of the amounts so raised, and all interest thereon, sliall have been d d y paid, to set apart the sum of Three Thousand Six Hundred Pounds, or such lesser sum as shall suffice to pay the amount of bonds redeem- able during such year, together with interest upon all bonds which &all then bear interest; and shdl apply such sum in payment of such bonds and interest as aforesaid, in manner specified in such bonds.

of principal

hereby required, in each and every year from the first raising of any

interest.

Governor may ad-

vance moneys, to be 10.

It shall be lawful for the Governor, from time to time, by war- rant under his hand, to authorize the Colonial Treasurer to advance and pay to the said TJndertakers for the construction, completion, and management, of the Adelaide City and Port Railway, or to the said "South Australian Railway Commissioners," for the pur- poses of this Act, any sums of money not exceeding in the whole the sum herein authorized to be raised; and any sums of money so advanced and paid shall be retained by the Colonial Treasurer

repaid.

out of any moneys raised by him under authority hereof.

B ~ - ~ w ~ d i a i f & ~ e d

by Chairman.

11. Any by-law made by the said Undertakers for the con-

struction, completion, and management, of the Adelaide City and

Port Railway, or the Commissioners for the construction of the

Gawlex Town Railway, o r T t h i T a i d South Australian Railwau_

Cammissioners," by virtue of any authEEy them enabliog' in

Y that

that belinlf, shall be valid if signed by the Chairman for the time

b&g of such ~ommissioners.

of the Governor, to increase the tolls iio~v by law authorized to be 12. It shall be lawful for the said Undertakers, with the consent ~"~~~~~

demant'ed for the use of the said Railway, to i n y sum not exceeding

thci mounts mentioned in the Schedule hereunto annexed,

18. The tolls to be cleulendrd in re8pcc.t of articles corivcyed upon Tolls,howestirnated.

the Railway, shall, in the discretion of the said IJndcrtake~s, be estimated cither according to tlie weight or the measurement of the articles so conveyccl.

14. That all the clauses of this Act which relate to the amalga- balgnmation clause8 not to take

mation of the Board of Undertakers of the City arld Port Railway for ninr

2nd the Conlniissioners of the Cawler Toaw Railway, shall not months ufter pass in^

coine into operation and effcct until nine months after the passing of Act.

a ' of the said AA.

c%=&-- -

15. In citing this &et, in other Acts and legal instruments, it shall Short titlo of Act.

be sufficielit to describe it 21s " Tlrc South A;lstraliau Railway Act."

SCHEDULE

SCHEDULE REFERRED TO.

1st 2nd. 3rdd

Clam Class. CIFL~+L

1 Between Adelaide and the Port .. :: ::: :: :: : ::

Bctween my two adjacent Stations..

For any other distance .. .. . . . . .. .. .. .. ..

-.-U --

U- - --

Adelaide : Pll'nted by authority, bp W. C. Cox, Government Printer, Victoria-aqm,