The Goodwood to Willunga Railway Act 1910 (SA)

GEORGII V REGIS.

No. 1017.

An Act to provide for the Construction of a Railway from

Goodwood to Willunga, and for other purposes.

[Assea fed t o, December f th, rpro.]

B" it Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as

follows:

l, 'l'his Act may be cited as " The Goodwood to Willunga short title.

Railway Act, 1910."

and the Acts mentioned in the First Schedule, so far as the same are other Acts. 2, The District Councils Act, the Municipal Corporations Act, Inco'pomtionwith

severally applicable, are incorporated mirh this Act.

stituted by this Act: Ratepayer "

3, I n this Act, except where the subject-matter, or context, or Interpretation.

auy other provision of this Act requires a different construction-

Commissioner " means the South Australian Railways Com- missioner:

Council " means a District Council or Municipal Council whose district or municipality is included, or partly included, in the Railway District:

District " means the district under the jurisdiction of a District Council or the municipality under the jurisdiction of n Municipal Council:

Gazette " shall mean The South Australian Government Gazette : Railway District " means the Willunga Railway District con-

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The Goodwood to WiUunga Railway Act.-1910.

'' Batepayer " nwans a ratepayer within tlie meaning of the District

Councils Act or the Municipal Corporations Act:

No. 419 of 1887.

"The Uistrict Councils Act " means L6'l'he District Councils Act,

1887" and a11 Acts amending that Act, or any Act substituted

for that Act and all Acts amending such substituted Act:

'' The Municipal Corporations Act " means '' The Municipal Corporations Act, 1890" and all Acts amending that Act, or any Act substituted for that Act and all Acts amending such substituted Act:

"The Railway" means the railway constrnctcd or to be con-

structed in pursuance of this Act:

Year " means a period of twelve months ending on the thirtieth

day of June.

The cost of the Railvay means and includes-

I. The cost of constructing the Railway and all proper works

and conveniences connected therewith or for the purposes

thereof;

11. The cost of purchasing or otherwise acquiring tlie land re-

quired for the Railway and the said works and con- veniences, and of compensating persons interested in such land or injuriously affected by the construction of the Railway and the said works and conveniences;

r r r. The cost of the additional rolling-stock which the Com-

missioner estimates will be required for working the

Railway; and

iv. ,411 other incidental expenses (if any) in respect of the

above-mentioned items respectively numbered I. , TI., and

1 1 1. or any of them.

Power to cons~~uc:

the railway. 4. Subject to the provisions hereafter in this Act contained, the

Commissioner may construct and maintain-

( a ) A railway fiom Goodwood to Willunga, as the said railway is delineated in the plan deposited in :he office of the Surveyor- Ueneral, in Adelaide, signed " Walter Rut t, Chief Engineer for Railways," and dated the fourth day of October, one thousand nine hundred and ten, or as the said railway is delineated in any plans so deposited after the passing of this Act pursuant to any law for the time being in force as to the deposit of such plans; and

( b ) ,411 proper works and conveniences connected with, or for the purposes of, the said railway, or the said railway and any other railway:

Provided

I" GEORGII V, No. 1017.

The Goodwood to Willunga Railway Act.--1910.

Provided that in case the Houses of Parliament are not sitting when any plans and books of reference are deposited in the office of the Surveyor-General under section 9 of a The ltailways Clauses Act, No. 32 of 1676.

lN6," the Commissioner may make deviations under the said section

before causing copies of the plans and books of reference to be laid before Parliament, but such copies shall be laid before both Houses of Parliament within fourteen days after the next aittings of s~lch

Houses respectively.

5, The Commissioner shall call for tenders for the construe- Tenders to be called

tion of the Railway, to be sent in within such time, to such place, for.

and to be upon and subject to such terms, conditions, and pro-

visions as he deems advisable, and may accept or reject any tender.

6. The Commissioner may construct the Railway aithough no I 'ower(oconst~~t railway though no

tender for the construction thereof has been accepted. tender accepted.

the rails to be used in the construction thereof shall be of iron or rallway. 7, The gauge of the Kailway shall be five feet three inches, and Gauge, &C., of

steel, and of the weight of not less than sixty pounds to the yard.

and in respect thereof, and for the carriage of goods, stock, and charges. 8, The Commissioner may demand for the use of the Railway, Fwee, tab, rind

passengers thereon, and for the loading and unloading of goods and stock, such fares, tolls, charges, and rates as are from time to time fixed by the Commissioner; in manner prescribed by any Act or Acts under which the Commissioner may fix fares, tolls, charges, and rates in respect of the railways under his control.

dues, charges, rates, and sums of money which are received and 9, Subject to the l~rovisions of this Act, all fares, tolls, rents, 2~9'p;,;i;"";~pf

levied under authority of this Act shall be paid, in such manner as is prescribed by the Governor, to the Treasurer of the said State for

the public purposes of the said State.

,Fifth Schedule and enclosed by the outer edge of the blue line Railway Dietriotr. 10, The lands situated withii the area defined in the plan in the constitution of The

shown on such plan, are hereby constituted a Railway District for the purposes of this Act, and shall be called a The Willunga Rail- way District."

question whether the Railway shall be constructed in pursuance of ,t,,,. 11. Within three months from the passing of this Act the 2;$;,"112~b

this Act shall be submitted by each Council to a poll of the rate- payers who are assessed in respect of such of th;! land included within the Railway District as is situated within the district of such Council: Provided that aiiy poll in pursuance of this section shall be valid although taken after the expiration of the said

three months.

12. (1) Every

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The Good'u,oo& to Willunga Railway Act.-1910.

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for ~ o l l * 12. (1) Every poll of ratepayers under this he t shall be taken by

ballot, and the following provisions shall be observed in respect

of each poll :-

Returning 05cer. I, The Council shall appoint a Returning Officer for the purpose of the poll, who shall, mutatis mutandis, have all the powers conferred by the District Councils Act, where the poll is held in a District Council District, or by the Municipal Corporations Act, where the poll is held in a

No. 13 of 1802. Municipality, and all the powers conferred by " The Ballot Act, 1862," and any Act amending that Act, on a Return- ing Officer in case of an election, and shall preside at the taking of the poll: Provided that he may appoint deputies to preside at the polling-places where he does not preside personally:

polling-placer. r r. The Council shall appoint a polling-place in the district for such poll, and where the district is divided into wards shall appoint a polling-place in each ward which is in- cluded, or part of which is included, in the Railway District:

Notice of poll. 111. The Council shall, not less than twenty-eight days before the

day fixed for the poll, cause a notice stating-

(a ) The day fixed for the poll:

( 6 ) The polling-place appointed for the district, or the

polling-places appointed for the several wards:

(c) The name and address of the Returning Officer; and

(d) The hours of polling,

to be inserted in at least two newspapers circulating in the district, and to be given in such (if any) other ways as the Council deems expedient:

polling-booths. IV. The Returning Officer, if it appears to him expedient, may cause booths to be erected, or rooms to be hired and used as booths for the purpose of the poll, at the several polling- places in the district; and the same shall have such.

separate voting compartments as the Returning Oflicer deems most convenient, constructed so as to screen the voters from observation while they mark their voting- papers:

Lists of mtepayen.

v. The Returning Officer, before the day fixed for taking the

poll, shall cause to be furnished for use at the polling-place

a copy of the assessment-book of the Council, or, if the

district is divided into wards, shall cause to be furnished for use at the polling-place in each ward in which the poll is to be taken, a copy of such portion of the assessment-book

as relates to land within the ward; and in such copy he shall

. indicate

I" GEORGII V, No. 1017.

The Goodwood to Willunga Railway Act.-1910.

indicate what ratepayers are entitled to vote at the polling-

place for which it is furnished, and the number of votes to

which each ratepayer is entitled; and he shall certify each

such copy as correctly indicating the ratepayers who are	.
entitled to vote at the polling-place and the number of votes to which they are respectively entitled, and shall sign such certificate. Such copy of the assessment-book or any such copy of portion thereof need not contain any matter relating only to rates:

V I, The taking of the poll shall commence at eight o'clock in the Houra of pollins.

forenoon, and slldl continue open until all the voters present in the polling-booth at seven o'clock in the after- noon have had an opportrinity of voting, and shall then close; in any dispute as to time the decision of the Return- ing Offlcer or his deputy shall be final:

v ~ i. In respect of each polling-place, two scrutineers to be present scrutineers.

at the voting thereat, shall be appointed by the Council:

v I I I. The ratepayers entitled to vote are those whose names appear who entitl* to rote.

in the assessment-book in respect of such of the land included within the Railway District as is situated within the district:

1s. In case any ratable property which is included within the Exerciaeofvoting

Railway IXstrict and situated within the district is held by pmte. power by body cor-

a body corporate as a. ratepayer., srich body corporate may, cf. M.C. Amend-

by writing delivered to the Returning Officer not later :$",	~ C ~ ~ 3 3 0 f
than the seventh day before the day fixed for the poll, nominate a person to vote at the poll on behalf of such body corporate. Such person shall for the purposes of the poll be regarded as a ratepayer instead of such body corporate, and his name shall accordingly be entered upon the copy of the assessment-book or of portion thereof, furnished for use at the poll, and he shall, notwithstanding anything in this section, have the same rights of voting as
person, in addition to any rights M hich he inay have on	such body corporate would have if it 'were a natural	his own behalf. Except by the means provided by this paragraph no body corporate shall have any right to vote at the poll:

S. Each ratepayer entitled to vote may vote on a scale according Number of votes.

to the amount of the value at which he is assessed in the

assessment-book in respect of land included in the Railway

District, as follows:-Not exceeding Twenty-five Pounds,	.
one vote; exceeding Twenty-five Pounds but not exceeding Thirty-five Pounds, two votes; exceeding Thirty-five Pounds, but not exceeding Forty-five Pounds, three votes; exceeding Forty-five Pounds but not exceeding Fifty-five Pounds, four votes; exceeding Fifty-five Pounds, but not exceeding Sixty-five Pounds, five votes; exceeding Sixty- five Pounds, six votes. No person shall have more than

six

I " GEORGII V, No. 1017.

The Goodwood to Willunga Railway Act.-1910.

six votes; and, except as by this section provided, no person shall have more than one vote. For the purposes of this section, where land included in the Railway District and other land are assessed together in the assessment- book, the Council shall determine what portion of the assessed value is in respect of the land so included, and such determination shall, for the said purposes only, be final:

Joint tenants and	XI. I n case joint tenants or tenants in common are assessed in respect of any land the assessed value of the land shall be divided by the number of joint tenants or tenants in common, and the quotient ( ignokg any remainder) shall, for the purposes of paragraph X. of this section, be deemed to be the wlue at which each of such joint ten~.nts or tenants in common is assessed in respect of such land;
ttnants in common.
W hen ratepayer
amessed in two or	X I I. When a ratepayer S name appears in thc assessment-book in

m o a aards.

respect of land included in the Railway District and situated ill one ward and also in respect of land included in the Railway District and situated in another or other wards, t h e assessed values of all such lands shall be added together for the purpose of computing the number of votes to which he is entitled, and he shall be indicated

as entitled to vote on the copy of portion of the assessment-

book furnished for the polling-place in each of such wards,

but he shall vote at one polling-place only:

A l l ratepayers X I I I. Both the owner and the occupier of any ratable property

entitled to vote. may vote in respect thereof, but no person shall vote both as owner and as occupier in respect of the same property:

Only to vote once. x ~ v. No person shall vote more than once, or at more than one

poll i ng-place:

Toting-1 apers. xv. Every voting-paper shall bear the initials of the Returning Officer or his deputy on the back thereof, and shall have the following sentences on the face thereof :-

" I approve of the Willunga Railway being con-

structed in pursuance of ' The Goodwood to

Willunga Railway Act, 19 10 ' ":

" I object to the Willunga Railway being constructed

in pursuance of The Goodwood to Willunga

Railway Act, 1910 ' ";

and shall also have a square printed opposite each such sentence; and nothing else, except the cross indicating the vote, shall be inserted in or placed on any voting- paper. Any voting-paper not complying with this sub- division shall be informal:

xvr. Every

I * GEORGII V, No. 1017.

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Th Goodwood to Willunga Railway A&.--1 910.

svl. Every person entitled and desiring to vote shall present ~ ~ hid ~ , ~ ~ ~ b

himself to the Returning Officer, or his deputy, a t the polling-place for the district or for the ward in which he claitns to vote, and shall state hi3 Christian name and sur- name, abode, profession or occupation, the nature of his qualification, and the place where the property in re- spect of which lie claims to vote is situate. The Re- tu~.ning Officer, or deputy, shall thereupon place a mark against the voter's naac on the copy of the assessment- book, or of portion thereof, in use at the polling-place, and hand such voter a voting-paper for every vote to which he is entitled:

X V I I. Upon receiving his voting paper or papers the voter shall HOW

without delay-

( a ) Retire alone into some unoccupied voting compart- ment of the booth, and there in private indicate his vote or votes by making a cross having its point of intersection within the square on his voting-papcr, or on each of his voting-papers, opposite the sentence which expresses his wiah; and

( h ) Fold the voting paper or papers so as not to show

in what way the vote or votes have been given, but to show the initials of the Returning Officer, or deputy, a i d exhibit it or them so folded to the Returning Officer, or deputy, and then without unfolding, deposit it or them in a ballot box to be provided by the Returning Officer for that purpose:

No voting-paper so deposited shall on any account be taken from the ballot box except in the presence of

a scrutineer or scrutineers after the poll.

xv111. l f any voter satisfies the Returning Officer, or deputy, that Voterrqu"ng aseletance.

he is unable to vote without assistance, the Returning Officer, or deputy, shall permit any appoiuted by such voter to accotnpany him into the voting compartment and to mark, fold, and deposit his voting paper or papers for him:

X ru. Subject to paragraph xvr 11. of this section, the only persons Who allowed in

who shall be allowed to remain in the polling-booth shall booth.

be the persons about to vote, the Returning Officer, his

deputy, and the scrutineers:

YX. No inquiry shall be permitted at the ~ o l l as to the right of what quertions m r ~

any person to vote, except as follows, that is to say :--The	be put.
Returning Officer, or his deputy, may, or if required by any scrutineer shall, p.ut to any person applying for a voting-paper at the time of his so applying, but not

afterward$

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afterwards, the following questions, or any of them, and

no other:

( l ) ,4re you the person whose uame appears as [stating the na~rle] and as the owner (or occupier) of the prope~ty set opposite such name in the assess- ment-book now in force for this District (07.

Municipality) ?

(2) Are you the owner ( o r the occupier) within the meaning of the District Councils Acts (or the Municipal C,'orporations Acts) of the property in respect of which you now claim to vote 1

(3) Have you already voted at the present poll ?

Provided that the Returning Officer or deputy may, by reference to the copy of the assessment-book or of portion thereof or otherwise, give any information necessary to explain any of the said questions:

Answers to qliestions. =I. NO person shall be entitled to vote unless his answer to the first and second questions, or snch of them as is put t o him, is in the affirmative, and to the third, if put, is in the negative:

BIIUO~ boxes. xx~r. The Returninq Officer, or deputy, shall, before any vote is

taken, exhiblt the ballot box empty; and shall, at the close of the poll, publicly close, fasten, and seal the ballot box containing the votingpapers which have been taken at the voting place at which he presided; and shall also allow any scrutineer so desiring to seal the same; and each deputy shall, with as little delay as possible, deliver, or cause his box to be delivered, to the Eeturning Officer:

Scrutin and oount,	X X I I I. At the close of	the poll the Returning Officer shall fix a
and decLration of

poll. time, which shall be as soon as conveniently may be, and a place, fo r examining the votes and declaring the

presence of one at least of the scrutineers and of as many

result of the poll, and shall at such time and place, in the

more of them as choose to be present-

( a ) Open all the boxes containingvoting-papers deposited by voters at the taking of the poll at the several voting places:

( B ) Examine all such voting-papers and reject all such

as are informal as above mentioned, or contain crosses against both of the above sentences; and

( c ) Ascertain, from the voting-papers not so rejected, the

total iiumbers of votes given in favor of the

respective sentences.

The Retuning Officer shall then openly declare the said numbers and declare the result of the poll:

xxtv. All

1" GEORGfI V, No. 1017. 9

The Goodwood to Willunga Railway Act.--1910,

n x r ~. ,411 voting-papers shall be preserved by the Returning Officer Papers to be pre-

until the expiration of three months after the publication of the certificate of the result of the poll as provided by section 13.

(2) Any person who, at or in connection with any poll taken ofiencasoonnwted

under this section- with pdl,

(a) Votes or attempts to vote more than once, or a t more than

one polling-place; or

( b ) Personates any other person for the purpose of voting at such

poll; or

(c) Wilfully makes a false answer to any question lawfully put

to him by the ltetui-ning Officer, or his deputy; or

(1) Wilfully obstructs the voting by any unnecessary delay in performing any act within a polling-booth; or

( e ) Unlawfully tampers with any ballot box or voting-paper used

or to be used at such poll; or

( f ) I11 any other way, wilfully infringes, whether by act or omission, any of the provisions of subsection ( l ) of this

section,

shall be guilty of a misdemeanor, and shall be liable to be im-

prisoned for any term not exceeding six months.

13. (1) The result of each poll shall be embodied in a certificate certifie~ta ofrt,suit8

signed by the Returning Officer who presided thereat. Such certifi- s e ~ t e ~ o l l a.

cate n a y be in Form No. l in the Second Schedule, or in a form to

the like effect.

(2) Each such certificate shall be published in the Gazette, which shall, after the expiration of the period of three months immediately following such publication, be conclusive evidence of such result and of the validity of the poll and the performance of all conditions pre- cedent thereto, unless the poll has during such period been declared

to be invalid by a Court of competent jurisdiction.

14. (1) The aggregate result of the polls, ascertained from the CertiBcates of aggre-

appropriate Keturning Officers' certificates published under sec~ion gate results of po&.

18, shall br, embodied in a certificate signed by the Commissioner

of Public Works. Such certificate may be in Form No. 2 in the

Second Schedule, or in a form to the like effect.

) Each such certificate shall be published in the Gazette, which shall, after the expiration of the period of three months immediately following such publication, be conclusive evidence of the aggregate result of the polls taken iu the Xailway District, unless any of such polls has been declared invalid within the period and in the manner mentioned in section 13.

(2

15. If the certified aggregate result of the polls taken in the o r d ~ i o r m- struction of the rail-

Railway District shows that two-thirds or more of the formal , . ,

B-1017 vo tes

No.

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The Goodwood to Willunga Railway Act.--1910.

votes given at such polls were in approval of the Railway being constructed in pursuance of this Act, the Governor may make an Order that the Railway shall be constructed in pursuance of this Act, and such Order shall be published in the Gazette. \Vhen such Order has been so published, and not before, the Railway may be constructed.

Method of determin-

ing purchase-honey 16. Notwithstanding any thing in any of the Acts incorporated

and cornpeneation for	with this Act, whenever the Commissioner desires to purchase or
land taken.	take any land for the purposes of this Act, and the price to be paid therefor, and the compensation (if any) to be made in consequence of the taking thereof, are not determined by agreement in writing, signed by or on behalf of the owner of such land and the Com- missioner, within twenty-one days after the Commissioner has given notice to such owner, as required by section 18 of The Lands
No. 6 of 1847.	Clauses Consolidation Act," that he requires to purchase or take such land, such price and compensation (if any) shall be determined
in the following manner :-
Notice to arbitrate

and appointment of 1. The Commissioner may give notice in writing to such owner

arbitrator bv Com-	of his intention to have the price and compensation (if
miseioner. H	any) settled by arbitration, and may, by the same or 'a subsequent notice in writing to such owner, nominate and appoint an arbitrator to act in the reference on behalf of the Commissioner:

A pointment of r r. Such owner may, within twenty-one days after the giving

ar itrator by owner. \ of such notice appointing an arbitrator, give notice in writing to the Commissioner agreeing that snch arbitrator shall be sole arbitrator, or nominating and appointing another arbitrator to act in the reference on behalf of such owner:

Notice of appoint-	r [ r.	Each such notice nominating and appointing an arbitrator, or agreeing to the appointment of a sole arbitrator, shall be deemed a submission to arbitration on the part of the
ment deemed a
submission.

party by whom the same is given; and after the giving

of any such notice neither party shall have power to revoke the appointment thereby made or such submission without the consent in writing of the other party, nor shall

the death of either party opprate as a revocation:

In default of appoint-	I V.	Unless such owner, within	twen~y-mle days after the giving
ment by owner

arbitrator appointed	by the Commissioner as aforesaid of notice nominating
by Commissioner to
act alone.	and appointing an arbitrator, gives notice to the Commis- sioner, as provided by paragraph i1. hereof, a~reeing that such arbitrator shall be sole arbitrator or nominating and appointing another arbitrator, the Commissioner may ap- p i n t the arbitrator nominated and appointed by him to act on behalf of both parties; and such arbitrator shall proceed to hear and determine the matter and shall give his award determining the price and compensation (if any) to be paid:

v. All

1" GEORGII V, No. 1017. 31

The Goodwood to Willunga Railway Act.-1910.

V. All the provisions of sections 26 to 35 inclusive, of " The Determination of

Lands Clauses Consolidation Act " shall, mutatis mutandis, ,o,,,ni~o,~	price and
apply with respect to the determination of the said price

and compensation:

to

vl. No notice, appointment, or award made under this section ~ Z G ~ Y	shall be set aside or be invalid for irregularity or emor in
matter of form:

v I I. Every award under this section of arbitrators, or of a single Award 10 be final*

arbitrator (in a case where it is agreed, as mentioned in paragraph 1 1. hereof, that an arbitrator shall be the sole arbitrator, or where a single arbitrator is empowered by this section to give a11 award), or of an umpire, shall be final: Provided always that where an arbitrator or umpire has PmvisO.

misconducted himself the Court may remove him, and that where an arbitrator has rnisconducted himself, or an arbitration or award has been improperly procured, the Court may set the award aside. " Court " in this paragraph means the Supreme Court or a Judge thereof:

V	I 11. 4 submission to arbitration under this section shall have the Effect of submission
same effect as if it hacl been made an order of the Supreme and award. the Supreme Court or a Judge thereof, be enforced in the same manner as a judgment or order of the said Court to the same effect:

IX. The provisions of sections 19 and 20 of The Lands Clauses servkeof notices*

Consolidation Act " as to the service of notices shall apply to notices under this section:

X. In this section the word owner " includes any person having in dudes owner "

any estate or interest in the land in question, or by " The Lands Clauses Consolidation Act" enabled to sell and convey the same, and the word land " includes any estate

or interest in the land in question:

XI. Sections 22 to 25 inclusive, sections 38 to 62 inclusive, and Certain provision6 of L.C.C. Acts not to

sections 64 to 68 inclusive of The Lands Clauses Con- apply.

solidation Act,'' section 6 of the Act No. 26 of 1855-6, being an Act to amend the " Lands Clauses Consolidation Act," and sections 5 to 11 inclusive of the "Lends Clauses Consolidation Amendment Act, 1881," shall not No. 202 of 1881.

apply with respect to the determination of the said price

and compensation.

17. A statement of the cost of the Railway shall, within a Statement of cost of the Railway to be

reasonable time after the completion of the Railway, be published pubbbed in Obullr.

by the Commissioner in the Gazette, which shall be conclusive

evidence of the cost of the Railway.

18. A fund shall be constituted for the Railway District, and Railway D i a t m Fund to be wn-

shall be held by the 'I'reasurer of the said State.	Such fund shall be &iluted.
called " The Willunga Railway District Fund."

19. (1) An

I" GEORGII V, No. 1017.

The Goodwood to Willunga Railway Act.-1910.

se~amteacmunt for

the Railway for pur- 19. (1) .4n account shall be kept by the Commissioner of the

of the A C ~. particulars and in the manner stated in sections 20 and 21, in respect of the Railway for each year; and an abstract of such account for every year shall be published by the Commissioner in the Gazette within three months after the end of such year.

(2) The accounts required to be kept by virtue of this section

shall be merely for the purpose of the special financial provisions

of this Act, and shall not interfere with any other accounts ~lsually

kept by the Commis~ioner, or which he is required to keep, for

other purposes.

what to be credited 20, (1) All earnings in respect of the Itailway or of any part

in the aorount.

thereof shall be credited by the Commissioner in the account by

this Act required to be kept in respect of the Railway.

(2) When in the course of the same journey, goods, stock, minerals, parcels, mails, or passengers are carried partly on the Railway and partly on another or other railways in the said State, one-third of the earnings on account of such carriage on such other railway or railwajs (in addition to the whole of the earnings on account of such carriage on the Railway) shall be credited by the Commissioner in the account to be kept as aforesaid in respect of the Railwaj.

(3) All divisions, apportionment S, and credi tings made by the Commissioner for the purposes of this section shall be final and conclusive for the purposes of this Act.

what to be debited

21, (1) I n the account by this Act required to be kept in respect of the Railway the Commissioner shall debit, as the first charge, the working expenses in respect of the Railway, and as a further charge, interest at the rate of four per centum per annum on the cost of the Railway.

in the account.

(2) The working expenses in respect of the Railway so to be debited shall be the following :-

I. The expenses of and incidental to the carriage, loading, and

unloading of goods, stock, minerals, parcels, mails, and

passengers on the Railway:

11. The expenses of maintaining the Railway, and the works

and conveniences connected with or for the purposes of

the Railway; and

H I. Such proportion of the expenses of maintaining, and (subject

to subdivjsion ( b ) hereof) of repairing and replacing the rolling-stock used for working the Railway as the Com- missioner considers fairly attributable to the working of the Railway;

but shall not include-

(a) Amounts paid in respect of personal injuries suffered by passengers, employ& of the Commissiouer, or other persons on the Railway, whether whilst travelling or not;

(b) The

I" GEORGII V, No. 1017. '

The Goodwood to WiElunga Railway Act.--1910.

( b ) The expenses of repairing or replacing rolling-stock damaged

or destroyed on the Railway otherwise than by ordinary

wear and tear; or

( G ) Amounts paid in respect of damages to property through fires caused by running trains on the Railway:

Provided that in all cases, the decision of the Commissioner upon the question whether any item is or is not a working expense in respect of the Railway, shall be final and conclusive for the purposes of this Act.

22. If in any year the earnings credited as aforesaid for that Credit balance in the

year in the account by this Act required to be kept in respect of ~ ~ ~ ~ ~ ' ? l % ~ " i o d

the Railway exceed the working exprnses and interest for that year	District F U U ~.
debited as aforesaid in euch account, the difference shall be carried by the Commissioner to the credit of the fund constituted for the Railway Tlistrict.

23, If in aliy year the earnings credited as aforesaid for that HOW debit balance in

year in the account by this Act required to be kept in respect of the e$yt	Railway are less than the working expens( s and interest for that
year debited as aforesaid in such account, the difference shall be debited in the account of the fund constituted for the Railway District. If after such debiting the said fund shows a debit
balance, then -

I. If such balance does not exceed the interest debited as afore-

said for that year, such balailce shall be made good, in manner hereafter in this Act provided, by the Councils; and

1 1. If	such balance exceeds the interest debited as aforesaid for that year, such balance shall, to an amotmt equal to such interest, be made good, ill manner aforesaid, by the
by the Commissioner. Councils, and the remainder thereof shall be made good

24, Whenever under the provisions of section 23 a debit balance Commissioner to

or part of a debit balance is to be made good by the Councils- make requisitions.

I. Each of the Councils shall, within one month after being requested so to do b y the Commissioner, furnish him with a certificate under thk hand of the chairman (or mayor) of the Council showing the assessed value of all the ratable property in its district which ia included in the Railway Distiict:

I J. For the purposes of this section, where ratable property included in the Railway District and other ratable pro- perty are aasessed together, by any of the Councils, the Council shall determine how much of the assessed value is in respect of the pl*operty so included; and if the

Council

1" GEORGII V, No. 1017.

The Goodwood to WiEJunga Railway Act.-1910.

Council fails to make the determination hereby requirod within the month mentioned in paragraph I. of this section the Commissioner may make the determination; and such determination of the Council or of the Com- missioner, as the case may be, shall, for the purposes of this section, be final and be regarded as part of the Council assessment for the time being i11 force:

11:. The Commissioner shall apportion the debit balance, or part of a debit balance, to be made good as aforesaid between the Councils, in proportion to the assessed values, as shown by the various Council assessments for the time being in force, of the ratable property included in the Railway 1)istrict which is situated in the districts of the several Couticils, ard shall accordingly charge the respective sums ascertained by such apportionment against the several Councils; and the Commissioner shall forward to the clerk of the district of each of the Councils a requi- sition signed by the Commissioner for the sum so charged against such Council:

rv. Every such requisition shall be published in the Gazette,

which shnll be conclusive evidence of the validity of the requisition, of the correctness of all amounts therein stated, and of the due performance of all conditions precedent thereto, and all conditions precedent to the declaring of a rate under the provisions hereinafter contained.

Coc~ncil to declare 25, Upon any such requisition being so forwarded to the clerk

rate.

of a district,, the Council thereof shall forthwith declare a rate suffi-

cient to produce the sum required by the requisition.

Railway rate, how to 26, Such rate shall be called a railway rate, and shall be declared,

bs declared.	in accordance with the assessment then in force, on the ratable
district of the Council. property included in the Railway District which is situated in the
of existing assess-
Use or transcription	27, For the purposes of such rate the Council may either use the assessment-book already existing or may transcribe the necessary portions thereof into a separate assessment-book, and may make such apportionment, or such separate and fresh assessment, as appears just in any case where only part of the property comprised in an assess- ment is included in the Railway District.
ment-book.

Iisilway rate to be 28,

(1) A railway rate when declared shall be entered in the assessment-book of the Co~mcil,

entered in assessment-	and so that particulars, similar to
book.

those required in the case of other rates declared by the Council, shall be entered in a proper column opposite the names of the rate-

payers liable to pay the railway rate, and the assessment-book shall

at all times show a complete record of the moneyR due for such rate

in reepect of every asse&ed property.

(2) The

I' GEORGII V, NO. 1017.

The Goodwood to Willunga Railway Ad.-1910.

(2) The Council may make such additions to or alterations in the form of the assessment-book used for the railway rate as it deems expedient for carrying out the purposes of this Act.

Council shall cause notice to be given in the Gazette, and in a news- 29. Within fourteen days after declaring any railway rate the zp "il'ay

paper (if m y ) generally circulating in its district, of the nature and

imount of the rate. Such notice shall be in the form in the Third

Schedule, or in w form to- the like effect.

30. If within two years from the publication in the Gazette of a H amount d requisition not paid

requisition upon a Council as hereinbefore provided the amount d ethin.t?o yean

the Gazette a notice in the form No. 1 in the Fourth Schedule, or in publish notlce.	such requisition is not paid to the Commissioner, he may publish in Commlmlo?erm~
a form to the like effect; or, if the rate has not been decltwed, he may declare such rate by a notice published as aforesaid, and in the form No. 2 in the said Schedule, or in a form to the like effect.

31. Upon the publication of a notice under section 30 all the rights Trsmfer to Commis-

and powers of the (lonncil in reference to the recovery of rates, and rifibhrecoreryof sioner of Council's

for the letting 01- sale of land for non-payment of rates, shall, as rate.

regards the railway rate or rates mentioned in or declared by

such notice, by virtue of such publication, be transferred to and

become vested in the Commissioner; ant1 the Commissioner, or any

person authorised by him in that behalf, may exercise any power

and do any act which could before such publication, or could if the

rate had been declared by the Council, have been exercised or done

in reference to the recovery of any such rates by the Council or by

any district (or town) clerk, collector, receiver, or other officer of,

or person acting under the authority of, the Council.

declaration produce the required sum, the Council shall from time railway rates. 32. If any railway rate does not within one year from its Supplementary

to time declare mother railway rate or other railway rates until

with regard to a rate declared or to be declared under section 25 or

the required surn is produced; and all the provisions of this ,4ct

declared under section 30 shall, so far as applicable, apply to every

rate declared or to be declared under this section.

33. If any railway rate produces more money than is required of rrrdway rate.

for its purpose, the surpllls shall be held by the Council as a fund applicable towards meeting any requisition thereafter made by the Commissioner upon such Council under this Act, and so much thereof as is not required for that purpose within five years from the declara- tion of the rate shall be applied from time to time towards payment of any Council rate due in respect of the ratable property on which the railway rate has been paid.

Municipal Corporations Act, whichever is applicable to the case, Munioipal~orpom- 34. All the provisions of the District Councils Act or the $~d&z~f~~~

so far as the, same relate to rates declared or to be declared under tiOneAobtOrailway

such

I" GEORGII V, No. 1017.

The Goodwood to Willunga &&!way Act.-1910.

--

such Act and the recovery thereof (except as to limitations of the amounts of such -rates), shall, subject to the provisions of this Act and so far as applicable, apply to railway rates declared or to be declared under this Act.

( f m t i r evidence 'of

railway rate. 35, The Gazette containing a notice of the declaring of a railway rate in the form in the Third Schedule, or in a form to the like effect, or in the form No. 2 in the Fourth Schedule, or in a form to the like effect, shall be evidence, and, except on proceedings to quash such rate, shall be conclusive evidence that the rate has been duly declared and of the amount, and the correctness of the amount, thereof.

Paymentof rarlway

rate to Commissioner. 36. The moneys received in respect of a railway rate shall, up

to the amount for which the Commissioner has made a requisition or requisitions, be paid to him by the Council, and shall be carried by him to the c r e ~ i t of the fund constituted for the Railway District.

G~=teeprovi~ions

to end after ten years 37. If the total of the enrnings credited for any period of ten consecutive years, as provided by section 20, in the accounts bp this ,4ct required to be kept in respect of the Railway is not less than the total of the working expenses and interest debited for the same period, as provided uby se'ction 21, in such accounts the Com- missioner shall, as soon as practicable after the termination of such period, by notice published in the Qazettrl, declare that the fund constituted for the Railway Ilistrict is closed; and thereupon-

deficiency.

( G ) The Treasurer shall transfer the amount standing to the

credit of the said fund to the credit of the revenue of trhe

South Australian Railways generally, and

( b ) The provisions of sections 18 to 37, both inclusive, of this

Act shall cease to apply to, and shall not again come into torce with respect to, the Railway and the Railway District.

Bazct te to be

evidence of 38, The Gazette containing any order, statement, notice, requi-

statement. t e. sition, or other publication made or given bv the Governor or the ~omt&sioner inder this Act shall ube conchive exidence of the fact, tenor, and validity of such order, statement, notice, requisition, or other publication, and of the facts stated, recited, or assumed therein; and no such order, statement, notice, requisition, or other publication shall be invalid by reason of any thing required as pelimiaary thereto not having been duly done.

Tn the name and on behalf of His Majesty, I hereby assent to

this Bill.

DAY H. BOSANQUET, Governor.

No.

The Goodwood to WiElunga Railway Act.-1910.

SCHEDULES.

THE FIRST SCHEDULE. Sea. a.

Ordinance No. 6 of 1847.-" The Lands Clauses Consolidation Act."

Act No. 26 of 1855-6, being an Act to amend The Lands Clauses Consolidation

Act."

Act No. 202 of 1881.-" The Lands Clausex Consolidation Amendment Act,

188 1 ."

Ordinance No. 7 of 1847 .-" The Railways Clauses Consolidation Act."

Act No. 6 of 1858, being an Act to amend 'L The Itailways Clauses Consolidation

Act."

Act No. 32 of 1876.-" The Railways Clauses Act, 1876."

Act No. 414 of 1887.-"The South Australian Railways Commissioners Act,

1887."

Act No. 5 i 2 of 1891.-"The South Australian Railways Commissioners Act

Amendment Act, 1891."

Act No. 6 12 of l89 1.-" The South Australian Railways Commissioners Act

Amendment Act, 1894."

Act No. 912 of 1906.-" The South Australian Raitwaya Commissioners Further

Amendment Act, 1 906."

All Acts amending or substituted for any of the said Acts and all Acts amending any such substituted Act.

THE SECOND SCHEDULE. Sec. 13.

FORM No. 1.

THE WILLUNOA RAILWAY.

Certtficate ef	Result of Poll taken in the District (or Munict jdi ty) of
I, [name of	Retwning Oflcer], hereby certify that a poll taken on the day

of , 19 , in the District (or Municipality) of 7

on the question whether the above-mentioned railway shall be constructed in pur-

suance of &'The Goodwood to Willunga Railway Act, 1910," resulted as follows :-

Number of votes in approval of the line being so constructed..

Sumber of votes in objection thereto. .....................

Number of informal votes ..............................

Total number of votes

........................

Dated this	day of	,	l 9	.
[Signature] Returning Officer.

FORM No. 2. SW. 14.

THE WILLUNQA RAILWAY.

Cert$cate of Aggregate ResuE,' of Polls taken in the Railway District.

1, , Commissioner of Public Worke, do hereby certify that the

aggregate result of the polls taken in the Willunga Railway District, on the ques- tion whether the above-mentioned railway shall be constructed in pureuance of

The Goodwood to Willunga Railwaj Act, 1910," is as follows :-

Number of votes in approval of the line being ao constructed ....

Number of wtes in objection thereto.. ......................

Number of informal votes .............................. ..

Total number of votes ............................

Dated this day of , 19 .

[Signature]

Commissioner of Public Works.

C-1617 THE

I" GEORGII V, No. 1017.

THE THIRD SCHEDULE.

THE WILLUNQA RAILWAY DISTRICT.

Notice of Rai lway Rate.

At a meeting of the District. Council (or Municipal Council) of 9

duly held on the dap of , 19 , a railway rate was

declared of in the pound upon the assessment of that part of the District

(or Municipality) of which is included in the Willunga Railway District; and all persons liable are required to pay the amount of the said rate, according to the assessment, to the District ( o r Town) Clerk (or Collector or other oficer) at the district (or municipal) office.

Dated this day of , l 9 .

[Signed] A.B.,

Chairman of the District Council (or District Clerk).

[or Mayor of the Municipality (or Town Clerk.)]

THE FOURTH SCHEDtlLE.

Sec. 30. FORM No. 1.

T H E W I L L U N ~ A RAILWAY DISTRICT.

District (or Municipali ty) of

Notice is hereby given that all moneys unpaid in respect of the railway rate

(or ratesj declared by the District (or Municipal) Council of

on the day of 19,

the South Australian Railways Commissioner. [if more than one rate add dote of rleclara~ion o f every other rate] are to be paid to

Dated this day of 19 .

[Signature]

The South Australian Railways Commissioner.

FORM No. 2.

THE WILLUNGIA RAILWAY DISTRICT.

Notice o f Railway Rate Declared by Railways Commissioner.

Notice is hereby given that on the day of

19 , the South Australian Railways Commissianer, pursuant to " The Goodwood to Willunga Railway Act, 1910,*' forwarded to the clerk of the District (or Municipality) of a requisition for the sum of.

a railway rate to produce the said sum as required by the said Act, the said and that the Council of the said District (or Municipality) not having declared

-

Commissioner, in exercise of his powers in that behalf under the said Act, hereby declares a railway rate of in the pound upon the assessment of that part of the District (or Municipality) of, which is included in the Willunga Railway Dietnct; and all persons liable are required to pay the amount of the said rate, according to the asaessment, to the South Australian Railways Commiseioner.

Dated this day of 19 .

[ S i p a t u r e ]

The South Australian Railways Commissioner.

THE FPFTH BCHEDULE.

[ P L A N. ]

PLAN

Adelaide: By authority, R. E. E. Booeas, Government Printer, North T e m e.