Tatiara and Bordertown Railway Act 1881 (SA)

ANNO QUADHAGES1MO Q'IJARTO ET QUADRAGESIMO

QUINTO

VICTORIB REGINB.

A.D. 1881.

An Act to provide for the formation of a Line of Railway from the University Block No. 3, near the south- ern boundary of Hundred of Tatiara, to Border Town.

[ Asseded to, Sejtevzber z8t4, 1881.1

HEREAS it is expedient to provide for the extension and Preamble.

W construction of a Line of Railwaj-from the Unirersity Block

No. 3, near the southern boundary of Hundred of 'l'atiara, to Border

Town: And whereas plans of the proposed Railway, showing the line thereof, together with the book of reference thereto, have been duly prepared and deposited in the offices of the Surveyor-General, at Adelaide, and signed "H. C. Rlais, Engineer-in-Chief'"-Be it there- fore Enacted by the Governor of the Province of S0ut.h Australia, with the advice and consent of the Ilcgislntive Council and Iiousc of Assembly of the said province, in this present Parliament assembleci, as follows:

1, "'l'he Lands Clauses Consolidation Act," and an Act, No. 26 lnoorp,mtion.

of 1855-6, to anlend "The Lands Clauses Consolidation Act," aurt

The Railways Claiiscs Consolidation Act," and an Act, Xo. G of

1858, to nrncn'd "The Railways clauses Consolidation Act," and all other Acts passed, or hereafter to be passect, amending the said a Railways Clauses Consolidation Act," or '' Lands Clauses Con- solidation Acts," so far us the sainc are severally applicable to this Act, shall be incorporated therewith, a i d the said Acts shall

be read and construed together accordingly.

2. The C?ommissioner of Railways, 1ltminuftt.r calltxl K The s6d Power to mah RJI-

Commissioner," niay make and mnintain a line of railway. frow the University Block No. 3, near soutlmn boundary of Hundred of

200 'P'atiara,

44' & 45' VICTORIW, No. 200.

.	Tatiara, to Border Town, together with all proper works and con veniences connected therewith, as the same is delineated in the said plans so deposited at the offices of the Surveyor-Generd, at Adeldde, as aforesaid, or as may be delineated in any plans which may herc- after be so deposited, pursuant to any law for thc time beilig in
force respecting such deposit of the said plans.

USU@ 3, The gauge of the said railway shall be three feet six inches,

and the rails to be used in the construction thereof shall be of	steel,
and of the weight of not less than fifty-one pounds to the yard.

Fwemof Cobs-

goner. 4. The said Commissioner may demand any tolls for the use of

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

Tob.

I. In respect of the tonnage of all articles conveycd upon the said railway, or any part tlwcof not in this Act otherwise par- ticularly specified, the rate of Ninepence per ton per mile:

For wool, measurement goods, fruit, and f urnit me, One Shilling

per ton per mile:

For every description of carriage, not being a carriage adapted and used for travelling on a railway, and not weighing more than one ton, carried or convcyed 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.

Toh for paaoengm

and cattle. 11. In respect of passengers a d animals conveyed upon the said railway 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, Fourpcnce

per mile:

For every person conveyed in a second-class carriage or corn- partment, Threepence per mile:

For every horse, mule, as!, or other beast of draught or burden conveyed upon the smd railway, Sixpence per mile; and for every or, cow, bull, or neat cattle so conveyed, Twopence per mile:

For every calf, sheep, lamb, pig, or other mall animal con- veyed in or upon the said railway, One Halfpenny per mile:

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.

T o U ~ ~ ~ ~ ~ U ~ ~ I W

of motive power. 5. In the said tolls shall bc includcd the toll for the use of

the carriages, and of the engines or other m a n s used for propel-

44" & 45' VICTORIE, No. zoo.

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Tatiura to Border Town Railway Act.-1881.

ling the carriages on the said railway, and no further charge than is heretofore 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: Provided also that nothing herein contained shall preclude private individuals from contracting with the said Com- missioner for permission to u~le their own trucks or carriages upon the said railway.

6, In addition to the prescribed tolls for the conveyance of Regulations slrto

articles, the said Commissioner may charge a reasonable sum for tolls.

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 railway.

7. The weight of all articles, except stone and timber, shall be ?eight-how deter-

determined according to the usual avoirdupois weight; with respect rmned.

to stone and timber, fourteen cubic feet of stone, and forty cubic

feet of haxd wood, and fifty cubic feet of other ti,mber, shall be

deemed one ton weight, and so on in proportion for any smaller

quantity: Provided that any less quantity than half a ton may be

charged as half a ton.

said Commissioner may lawfully demand the tolls following, for parcels. 8. Notwithstanding the rate of tolls hereinbefore prescribed, the Toll8 for separatr

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

say-

For the carriage of 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

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

weight, not exceeding Twopence per mile each; and not

exceeding Onc Penny per mile each for every additional

fifty-six pounds in weight:

For the carriage of any one boiler, cylinder, or single piece of machinery, or single picce 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:

Provided that articlea ~ e n t in large aggregate quantities, although madc up of separate parcels, such as bags of sugnr, cofie, meal, and the like, shall not be deemed small parcels, but such term shall apply only to single parcels in separate packages.

9. In all cases whcrc any article, matter, or thing, not being a Fixed sum pertun for

small oackage, shall be carried or conveyed along the said railway S ~ O I

t dbtaoaea.

for so short a distance that the sum of money authorised bg this Act

to

44' & 45' VICTORIR, No. zoo.

fChtinra to Border Town Hailway Act,-1881.

to be demanded or recei\7ed for the same shall not amount to the sum of Three Shillings per ton, the sum to be paid in respect to the

carriage thereof hall be Three Shillings per ton.

W, when to be

tsnr0~ed. 10, Owners or colrsignecs of articles shnll remove thc same from

the station or terminus of their dcstination on the said railway within twelve working hours after their arrival thcre, unless such arrival shall bc between the hours of four in the evening and seven in the morning, ancl in that case cvcry such removal shall be made within s ix hours after such hour in the morning, and in default of such removal shall he liable to demurrage at and after thc rate af Two Shillings and Sixpence per ton; and further, if not removed

after the expiration of twenty-four hours, at and after the mte of One

Shilling per ton for every twenty-four hours or any part thereof:

Provided, nevertheless, that if such articles be not removed from such station or terminus of their dcstination before the eud of

one week after their arrival thcre, the sum of Two Shillings and Sixpence per ton per week shall be charged illd payable in respect of such goods for the warehouse-room thereof.

11, Every passenger travelling upon the said railway may talrc with him his ordinary lnggage, not excectding one hundred pounds in weight for first-class passengers, and sixty pounds in weight for

other passengers, without any charge being made for carriage

thereof.

Appropriation of

tolls, &c. 12. 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 railway, shall be, from time to time, in such mariner as the Governor may prescribe, paid to the Treasurer for the public purposcs of the said province.

Annual abstract of

accounts to be 13. The said Commissioner shall, on or bcfore the first day of

published.	August in evcry year, prepare an aunual account in abstract of the
total receipts and expenditure under anthority hereuf for the railway by this Act authorised to be constructed, from what source soevcr
the same may be derived, for and during the preceding year ending the thirtieth day of June, under the several distinct htads of receipt and expenditure, with a statement of the balance of the same account duly audited and certified by the 'I 'reasu~c~, and also by the Auditor- Gcneral, and a copy of such account shall be published in the
Government Gazette.
14. 'She railway by this Act authorised to be constructed, shnll be, and is hereby declared to be, exempt from all mtrs and taxes
whatsoever, whether local or general.

In the name and on behalf of Her Majesty, 1 hereby assent to

this Bill.

WM. F. 1)RUMMONI) JERVOIS, Governor. - - -" --- - -. - -- --W -- - -

U"-- --" ------p-.- - " " --- W-- " -

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Adelaide : By authority, E. ~PSLZEB, Qoyurnment Printer, h'orth-terrace.