Strathalbyn, and c Railway Act 1866 (SA)

A. D. 1866.

No. 1.

An Act to authorize and proeide for the construction o f a line of

Trnrnloay fiom Strathaltyn io D.lirldeton, and to c&fir certain

powers on' the Commissioner of Railways.

[Assented to, 5th J d y, 1866.1

HEREAS it is expedient to provide for the construction of a PreambIe.

W trarniyy from Strsthdbyn to hiiddieton: And wherean plans and sections of the tramway, by this Act authorized to be

constructed, showing the lines and levels thereof, togcthcr with books of reference, have been deposited in thc office of the Surveyor- General at Adelaide-Be it therefore enacted, by the Governor-in- Chief of the Province of South Australia, with tile advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follorvs:

said Provincc, from time to time, to isstw bonds, not exceeding in fi48,OQO by loan. 1. It shall be lawful for the Treasurer, for the time being, of the Treasurer to r a h

the whole the sum of Forty-eight Thousand Pounds, for such amounts as he may deem expedient, and such bonds shall be in the

-form following that is to say--.

NO. g NO. Form of Bond,

South Australian Government Securities.

(Strathalbyn and Middleton Tramway)

l, the Treasurer of the Proviuce of South Australia,

i n consideration of the sum of Pounds, paid to me for the purposes of the Strathalbyn and Middleton Tramway, do hereby bind myself to pay to the

A holder

30" VICTORZB, No. 1,

Sfrathalbyn and Middletots Tram way Act.-1866.

holder, for the time being, of this present obligation, the snm of Pounds, and interest thereon after the rate of per cent. per annurn; such interest to be payable on tbe 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 1

NOTE.--hzterest and pri~zcipab, payable at the Treasury, in Adelaide, 'South Australia, or [in Loudon or in any other agreecl place, to be declard at the time of issui] at such place as inay be appointed, by notice to be given in the South Australinn Government Gazette [and in the London Goretie].

And every holder of any soch bond, for the timc being, shall be entitled to all rights and remedies, under and in rcspect of the same, in the like nlanner as though lzc bad been named therein as the obligee thereof.

Bondstoboarinterest 2. The said bonds shall beay interest at the rate of Six Yo~ulds

at six pcr cent,	per centurn 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 us may be specified or. provided therein: Provided
When payabIe.	that the principal shall not be payable or paid before the expiration of twenty-five years, or after the expiration of twenty-nine years, after the passing of this Act.
Honeys r a i d by	3. All sums of money raised and received by the Treasurer upon to the credit of the Commissioner of Railways, for the purposes of
bOnbhow	the security of the said bonds, shall be carried by the said Treasurer
this Act, and shall be by him paid to the said Commissioner, in
such amount and rnannpr ss the Governor, by ghy warrant under
his hand, may, from time to time, authorize and direct.
annually for payment
Sums to be set apart	4. It shall be lawful for the said Treasurer, and he is herebv re- money under the authority hereof, until the whole amounts so raised, and all interest thereon, shall have been duly paid, to s e t apart such sum as shall suffice to pay the amount of bonds redeem- able 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 manner specified in such
of principal and in-	quired, in each and every year from the first raising of any su&s of
torest.
bonda.
Further aum of

~24,ooo to be paid	5. In addition to the said sum of Forty-eight Thousand Pound.
eutof Q m a l .

-$evenw for purpMao to be raised by virtue hereof, it shall be lawful far the said Treasurer,

M &t. a ~ a

-" ' 30" VICTORIB, No. 1.

Xtrathalbyn and Middleton ficcrnway Act.-1 866,

and he is hereby authorized and required, out of the General Public	*2
Revenue of the said Province, to carry the further sum of Twenty- four Thousand Pounds to the credit of the said Commissioner, for
the purposes of this Act, and to pay over the snid sum of Twenty-
four Thousand Poimds to the snid Commissioner, in such alnount
and manner as the Governor by auy warrant under his hand may
from time to time authorize and direct.

&

6. The 1,ands Clauses Consolidation Act slislll be incorporated Inco~ora t ion of

general Ordinnncc,

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

7. It shdl be lawful for the Colninissioncr of Rail\vnys, to make Power to make trstmwny according to

and maintain the said line of tramway, branches, extensions, roads,	l,lanri,
and works, in the line and upon the lands delineated in the said
plans, and to enter upon, use, aud take such of the lands delineated
and referred to in such plans, as shall be or bc clcemccl necessary
fbr such purpose.

8. It shall bc lawful for the said Cninrnissioner of Railways, in List of crossings on

the construction of the tramway m ~ d braiichcs by this Act authorizcd the lwcl.

to be made, to carry the sarne on the level across the several roads lettered on the plans hereinbefore mentioi~cdl as follows, that is to

say, at AA, CC, PI;', GG, 1111, 11, PP, CZU, UU, WW, XX.

9. I t shall be lu~vfi~l for thc said Commissioner to stop and close, Commisai(mr may slop roads.

either wholly or in part, snch of the roads show11 upon the said plans,

ancl marked respectively A, B, D, X, I, I<, L, M, N, 0, l<, S, T, V,

at the point of intersection by the snid proposed tramway, as he may, from time to tiinc, dccm eupcdicnt: Provided that the owners and occupiers of all lmds which shall abut upon any road so stopped, shall be entitled to receive f ~ d l compensation in respect of ahy loss

or dilrna~e to be occasioned by such stoppage; and thc amount and

applicat~on of any such compensatioa shall bc detcrminecl in manner

the amount and application of the compensation to be paid for laxncls provided by the Lands Clauscs Gons~lidatioa Act, for determining taken under the provision thereof.

10. When	any	road shall' have	been stoppcd, or closed, in whole	C o m m i s ~ m a r	may
convey lands.

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 sarne 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 Commlssloner to h a m power of Cornmin.

Upon the said plans, have all the rights, authorities, and powers of sioners undcr Road

Commissioners of Roads under an Act, No. 17 of 1852, For the Acts. making and improving of Roads in South Australia, and the Roads

Amendment Act, 1863.

-- .- 12. The

12. The guage of five feet and three inches shall be the guage to be used in the tramway by this Act authorized to be constructed: Provided that i t shall be lawful for the Governor to alter the said

p a g e so as to bring the same into conformity with any guage which

may be adopted in the neighboring Colonies.

Tolls.	13, I t shall be lawful for the said Commissioner to demand any tolls for the use of the tramway, not exceeding the following, that
is to say-

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

conveyed,

tramway, or any part thereof not in this Act otherwise

particularly specified, Ninepence per ton per mile.

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

Shilling per ton per mile.

For every description of carriage, not being 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, One Shilling and Threepence per mile; and for any ton or fractional part of a ton beyond one ton, which

any carriage may weigh, Eightpence per mile.

Tolls for passengers 11. I n respect of passengers and aninlals conveyed upon the

and eattlc.

tramway in carriages, whether belonging to the said Com-

missioncr or otherwise, as follows-

For cvery person conveyed in or upon any such carriage,

being a first-class carriagcj or compnrtmcnt of a carriage,

Fourpence per mile.

For cvery person conveyed in a second-class carriage, or

. compartment, Threepence per mile.

Provided always, that for every fraction of a milc a full mile may

be charged; and that for any shorter distance than three miles,

three miles may be charged. For cvery horse, mule, ass, or other beast of draught or

bnrden, conveyed upon the tramway, Sixpence per mile;

and for eyery ox, cow, bull,. or neat cattle so conveyed,

Twopence per milc.

For cvcry calf, sheep, lamb, pig, or other small animal, con-

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

T ~ ~ I B to include use 14. In the said tolls shall be included the toll for the use of the

uf ~ O I S B S.	carriages and of the horses for drawing the carriages on the said tram%ay, and no further charge than is heretofore stated shall be made for the use of such horses: 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 t r a i ~:
Provided also, thkt nothing herein contained shall preclude private individuals from contracting with the Commissioner for ~errnissioa to use their own trucks or cYrriages upon the said tramw6.

15, 10

301 VICTORIX, No, l.

Stmfrllalbyz arzd Middletofi Trmwuy Act-1866.

articles, the said Conlinissioncr may charge a, reasonable sum tolls. 16. I n addition to the prescribed tolls for the conveyance of Regulations aa to the

for loading and unloading: Provided always, that the owners of goods shall he at liberty to employ their own servants for loading

m d unloading, subject to the rcgnlstionr in force for the time

being for the working of said tramway; with respect to all articles, except stonc anti tinlbct, thc weight shall be determi~led according to the usual avoirdupois weight; with respcct to stone and timber, fourteen cubic fcet of stone, ancl forty cihic feet of hard wood, and fifty cnbic feet of other timber shall be ilcmed tile ton weight, ancl so on in proportion for any smaller qnantity: Proviclect that m y quantity less tlim half a tou may be clurged as half a ton.

16. A i d with respcct to small packages ancl single articles of rroll~ for scmrate

great weight-Be it Enacted, Tlint, notwitl?stauding the rate of' tolls p'1rcc13*

hereinbefore described, t,hc said Commissioner may lawf~dly	clemancl
the tolls following, that is to say-

For thc carriage of small parcels on the r,xilnray--For any

p r c c l riot escccding twenty-eight pounds in weight, not

esccoding One Pcnny per mile each:

For any p ~ r c e l not exceeding fifty-six p o ~ ~ n d s in weight, nc;t

escceding rl'l~rcc IIalfpcncc per inilc cnch:

For any parcel not exceeding one lu~udreci and tmclve pounds

in weight, not ercc~cding Twopence pcr mile caclr; and

not csccediag One Penny pcr inile each for every ad&

tion a1 fifty-six pounds in weight:

Provided always, that; articlcs sent in largc aggregate quantities, although nladc up of separate parcels, such as bags of sugar, coffee, meal, ancl the like, shall not be rleexriecl srrlnll prtrccls, but such terrn shall apply ouly to single parcels in separate packages:

For the carriage of any o i~c boiler, cylinder, or single picce

of machinery, or single piece of titnbcr or stonc, or

other single artidc, thc weight of which shall exceed

four tons, the said C:bmmissroncr may demand such

sum as be shall think fit.

17. h all cases where any article, matter, or thing, not being a Commissioner to

small package, shall be carried or conveyed along the said tramway fired sum per too tbr entitled t o rcccive it

and branches for so short a distance that the sum of money autho- short distances

rized by this Act to be demanded or received for the same ;hall not '

amount to the sum of Three Shillings per tou, the sum of Three

Shillings per ton may be charged.

18. Owner8 or consignees of articles shall remove the same from G,,O~S to bn rcmavd

the station or terminus of their destination on the said tramway w-ithinacervin

within twelve bnurs after their arrival there, unless such arrival

shall be within the hours of four in the evening and seven in the

morning, and in that case every such removal shall be made within

B six

- 30" VICTORIB, No. 1.

StlnthaZbyt and Middletots Frnmway Act.-1866.

six hours after such hour in the mornii:g, and in default of such

removal shall be liable t.o 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 tmenty-four hours, or ally part thereof: Provided, nevertheless, that if such articlcs be not removed from

such station or tcrniinus 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 s l i d be charged and pyablc in respect of

such goods for thc marchousc-room thereof.

19. Every passenger travelling upon the tramxiy may take with him his ordinary luggage, not excocding one l'iundred pounds in weight for first-class passengers, and sixty pounds in weight for second-class passengers, without any charge being made for the car- riage thereof.

DispoeaI of tolls, 20.

All tolls, rents, dues, c h n r p, and sums of money which may at any time be received and levied ui~dcr authority hcrcof shall be from time to time, in such nianncr as the Governor may prescribe, paid to the Treasurer for the purpose of, in the first instance, defray- ing the costs and charges of and attending the mxiiitenance, work- ing, and mai~agcment of the said tramway; and any balance, after payment of such expenses, shall be applied by the said Treasurer to and for the public pulyoscs of the said Province.

rents, &c.

Annual abstract of

accounts to bc pub-	21. The said Commissioner shall, on or before the first day of Fet~ruary in every year, prepare an annual account in abstract of the total receipts and expenditure of a11 funds raised or received under authority hereof for the purposes of the tramvay 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-
lished.
by the Treasurer and also by the Auditor-Gcneral, and a copy of ment of the balance of the same account duly audited and certified such account shall be published in the Sottth Aztstrdinn Goeer~zment
Gnxette.
Governor may aE-

vancc monep to be 22. I t shall be lawful for the Governor, from time to time, by

repaid.

wnrrant under his hand, to authorize the Treasurer to advance and pay to the said Commissioner, for the purposes o f 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 in excess of the said sum of Twenty-four Thousand Pounds to be ad- vanced out of the General Public Revenue as hereinbefore provided, shall be retained by the Treasurer out of ally moneys authorized t o

be raised or applied by him under authority hereof.

Exemption from local

rates.

23. The tramway and branches by this Act authorized to be con-

shucted shall be, and are hereby declared to be, exempt from sewers,

I highway

30TICTORIB, No. l.

- - -

higluvny, municipal, policc, improvcmcnt, and all other local rntcs

and taxes.

2-1. 111 citing this Act, in other Acts aid legal instru~nentu, shall be sufficient to ilescribc it as the it Short title of Aot.

Strathalbyn and Midtlleton

Trnnlwny Act, 1866."

25. In thc constraction of this Act, unlcss jncoi~sistcnt with the &~:~rc'3iii0n of

contust, the word tramway" shall mean and include ns well the tramway lrcrcby autllorizccl to be constructed, as also thc tramway

heretofore constructed betwcen Goolwa and Port Elliot, and thc

extension thereof from Port Elliot to Victor ICnrbor and the branches

tlicrcof rry)ectivcly.

In the name and on bchalf of the Qneen, 1 hereby nssrnt to

this Act,

D. DALY, Govcmor.

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Adelaide : Printed by authority h~ W. C. Cos, Gmernment Printer, Victoria-rquate.