The Ferries Act 1888 (SA)

ANNO QUINQUAGESIMO PRIM0 ET QUINQUA.GESIM0

SECUNDO

No. 436.

An Act relating to Ferries.

[Assented to, Decembcr 8th, 1888.1

B E it Enacted by the Governor of the Province of South Aus- Preambla.; tralia, with the advke and consent of the Legislative Council

and House of Assembly of: the said province, in this present Parlia-

ment assembled, as follows, that is to sap:

1, This Act may be cited for all purposes as " The Ferries Act,

1888."

Commissioner of Pub lic Works: 'c Cattle "

2. The Ordinance and Acts mentioned in the Schedule to this &pea,.

Act aTe hereby repealed, but such repeal shall not affect any right accrued; any liability, forfeiture, or penalty incurred; or any thing done before the passing of this Act; nor any legal proceedings com- menced, or hereafter to be commenced, with respect to such right, liability, forfeiture, penalty, offence, or thing.

3, For the purposes of this Act-

Local authority" shall mean any council within the meaning of

The Municipal Corporations Act, 1880," or any Act in

force for the time being relating to municipal corporations, or

any district council within the meaning of The District

Councils Act, 1887," or any Act in force for the time being

relating to district councils, or, in places within the province

not within the limits of a corporation or a district council, the

I & 52' VICTORIAZ, No. 436. -- -

The Ferries Act. -1 $5 8.

Cattle" shall mean and include camels, horses, mares, geld- ings, colts, fillies, foals, buIls, cows, bullocks, heifers, calves, rams, ewes, sheep, lambs, goats, kids, or swine.

POW" to establish a

ferry.

4. Whenever any main or district road is intersected by any

navigd-de waters any local authority may, subject to the approval of

the l~reasnrer, establish a ferry for public convenience.

Power to construct

works, &c.

5. Every local authority may make and construct n ferry across any river, creek, stream, lake, or tidal waters, and may lay down and place cables, wires, chains, and other appliances, and may make and construct such wharves, retaining walls, causeways, ernbank- ments, canals, landing stages, and all other WOI-ks considered by them necessary, and mav make and construct all punts, barges, and ferry boats to he work& by steam power or othrrwise, and crect and place such masts, posts, and other necessary plant for carrying on and working the ferry.

Exi~ t ins fe r r ie~~~s tea 6.	A11	Government	ferries	heretofore	established	at Mannum,
in local authority.

Blanchetown, and Wellington shall he, and the same are hereby, vested in the local authority as if they had been established under the provisions of this Act.

T,ocal authority to	7.	The local authority, for all the purposcs of this Act, shall have
to have control of

ferry.

vestcd in them the full A d absolute carc, control, and management

of the ferry and all works connected therewith,

May appoint work- 8,

The local authority may appoint such and as many workmen

for working the ferry as they may consider necessary, may fix

their wages, and dispense with their services.

men.

Power to make

regulalions. 9. The local authority may make regulations for the manage-

ment of airy ferry and the approaches thereto; for the tolls to be levied, and the fares to be charged for the conveyance of passengers, cattle, and goods by such ferry; for the collection of tolls or fares;

for fixing the times for using thc ferry; and any other regulation

necessary or convenient for giving effect to the provisions of this

Act, or convenient in connection with the working of the ferry; and may prescribe and fix penalties for offences against or breaches of such regulations, not exceeding Five Pounds for each offence. All such regulations shall be approved by the Governor in Council, and published in the Go~errhment Gazette, before coming into operation. All regulations made under the authority of this Act sball be laid before both IIouses of Parliament within twenty-one days after the same have been made, or if Parliament be not then sitting, within twenty-one days aftcr the commencement of the next ensuing session thereof; and if an address be presented to the Governor by either House of Parliament within the next subsequent twenty-one days on which the said House shall have sat, praying that the regulations, or any portion thereof, may be annulled, the Governor shall thereupon annul such regulations, or any portion

thereof,

51' & 5 2 O VICTORIW, No. 436.

The Ferries A c t. 1 8 8 8.

thereof, as the case may be, and thc same shall thenceforth become void and of no effect, but without prejudice to the validity of any proccedings which may in the meantime have bccn taken under the same.

10, Every person guilty of a breach of thc regulations made and	Penalty for breach
of regulations.

published under the authority of this Act shall be liable to the penalty expressly imposed therein, and, if no other penalty be ini- posed, to a penalty not exceeding Five Pounds.

11, The local authority, or. any person lawfully acting on their behalf, in charge of any ferry, may detain any cattle or goods and

or gooda if charges

Power to detain cattlo

not paid.

chattels of any person using a ferry until all tolls and fares due

by such person have bccn paid and satisfied.

12, If any person shall neglect or refuse to pay any toll, fare, or Penalty for non-

charge for using any ferry payable under the regulations aforesaid,	payment of tolla, &c.
or shall be guilty of any evasion, or attempt at evasion, of the pay- ment of such toll, fare, or charge for the use of such ferry, every such person shall for every such offence forfeit and pay any sum not exceeding Five Pounds.

13. If any person hire, or crnplloy or ply for hire, with a view of ~ng~~~,*g.bZgin

evading the provisions of this Act, any punt, barge, boat, or other prohibited distance.

vessel for the carrying across any river, creek, stream, lake, or tidal

waters where any ferry has bccn established by any local authority,

or under the control thereof, or within one mile of such ferry, he

shall for every such offence forfeit and pay a sum not exceeding

Twenty- Pounds: Provided always that this sectinn shall not apply PrOvigO-

to any licensed waterman plying across uny tidal waters within the

limits of any port or harbor within the province.

14, Every local authority shall place and cause to be kept on Lint of tolb and farce

some conspicuous part of the ferry a printed list of the tolls and to bc exhibited.

lessee.

farcs payable under the regulations, and, if leased, the name of the

15, The local authority may from time to time let any ferry for Ferry may be let.

any term not exceeding five years, upon such terms and conditions

as they may think fit.

16. Evcry les~ee during thc continuance of any such letting, or I~e8aeetohave the

any person by him appointed, may demand, takc, haw, and receive l o c a ~ a u ~ o ~ t g.	same power as the
all such tolls and fares made and approvcd as aforesaid, and may enforce the recovery thereof in the same manner and by the same ways and means as the local authority could have done if the ferry had not been let.

17, Any person who shall unlawfully and maliciously cut, break, Punkhment for

throw down, destroy, injure, or damage any ferry, or any part damaging ferry.

thereof, or any matter or thing whatsoever, being part of or being -

used

51' & p0 VICTORIE, No. 436. -

The Ferries Act.-1888.

-

used or employed in or about any ferry, or the working thereof, or shall unlawfully and maliciously prevent, hinder, or obstruct in any manner the working of such ferry, or shall attempt to do any of the unlawful acts aforesaid, shall be guilty of a misdemeanor, and,

being convicted thereof, shall be liable to be imprisoned for any

term not exceeding three gears with hard labor.

Lights to be carried. 18, Every ferry, punt, barge, or ferryboat crossing any navigable

water between sunset and sunrise shall carry one or more bright lights in some prominent past thereof, not less than four feet above the surface of the water.

How h e 8 may be

reoovered.

19. All fines and penalties for any offence against this Act, or any regulation made by any local authority in pursuance of this Act, may be recovered in a summary way before any Special Magistrate or two or more Justices of the Pcace, and all fines, penalties, and moneys recovered shall bc paid and appropriated to the use of the local authority as part of the general revenue of such local authority.

Proceedings before

Justices.

20, The proceedings before Justices may be heard and deter- mined under the provisions of Act No. 6 of 1850, or of any other Act for the time being in force relating to the duties of Justices of the Peace with respect to summary convictions, and all convictions and o~ders may be enforced as in such Act is or shall be provided; and the Special Magistrate or Justices may also, in case any penalty is imposed, orcler the defendant in default of payment thereof to be imprisoned, with or without hard labor, for any period not exceeding six calendar months.

Free paelulge to bo

kept for vessels, &c.

21, Nothing in this Act contained shall authorise the obstruction

by the ferry, or the works or appliances thcreaf, of the free use of

any navigable waters by any sGamship or other vessel in passing

and repassing the said ferry.

I n the name and on behalf of Her Majesty, I hereby assent to

this Bill.

WM. C:. F. ROBINSON, Governor.

SCHEDULE

51' & 5 2 O VICTORIW, No. 436.

The Fmries Act.-1 888.

SCHEDULE

- .. .. -

Ordinnace and Acts Repealed.

Reference. Title.

Ordinance 4 of 1848. .. . To establish a Ferry on the River Murray.

22 of 1854 , . , . . . . .. .. . An Act to amend an Ordinance " To Establish a Ferry at Wellington,

on the River Murray."

l 0 of 1859 . . . . . . .. . . . . An Act to amend an Ordinance " To Establish a Ferry at Wellington,

/	on the River Murray."
I

--p

Adelaide : By authority, H. Y. LEADER, Government Printer, North-terrace.