The Municipal Tramways Trust Act 1906 (SA)

ANNO SEXTO
EDWARDI V11 REGIS.
A.D. 1906.
No. 913.
An Act to authorise the Government to Purchase certain Tramways, and for the creation of a Municipal Tramways Trust to construct and work Tram- ways, and for other purposes.

[Assented to, December 22nd,

1906.1

E it Enacted by the Governor of the State of South Australia,

follows:

B with the advice and consent of the Parliament thereof, as

PART I.

INTRODUCTORY.

1. This Act may be cited as '' The Municipal Tramways Trust Short title.
Act, 1906."

A-913

6" EDWARDI VII, No. 913.

The Municipal Tramways Trust Act.-1906.

This Act is divided into Parts as followa :-

Division into Psrta.

PART 11.-Purchase

of Horse Tramways:

PART 111.-The

Municipal Tramways Trust:

PART 1v.-Horse

Trams:

PART v.--Electric

Trams:

PART VI.--Financial:

PART VII.-Liability

of Corporations and Districts Councils:

PART

mu.-General

Powers and Obligations:

Y ART IX.--Genera3 Provisions:

- --

PART	XI.-Legal Procedure.

~nterpretation.

3, In this Act, except where otherwise clearly intended-

" Commissioner " means the Minister of

the Crown for the time

being performing the duties of Commissioner of Public
Works of the said State:

" Corporation " and

Corporations " include the Corporation of

the City of Adelaide and any Suburban Corporation, and, except in Parts 111. and VII. and section 45, any 1)istrict Council:
District Clerk " includes any person for the time being perforrn- ing the duties of district clerk of the District Council of Burnside, Campbelltown, Mitcham, Payneham, Prospect, Walkerville, West Torrens, Woodville, or Yatala South, respectively:
" District Councils " means the District Council of Burnside; the Ilistrict Council of Campbelltown; the District Council of Mitcham; the District Council of Payneham; the District Council of Prospect; the District Council of Walkerville; the District Council of West Torrens; the District Council of Woodville; and the District Council of Yatala South:
District Council " means any one of the District Councils:
" District " means a District as defined by " The District Councils
Act, 1887 ":
" Gazette " means The South Australian Government Gazette:
G General Post Office " means the General Post Office in Adelaide:
Member " means a member of the Trust:

Prescribed" means prescribed by regulation made under this

Act:
Present tram systems " includes the tramways and undertakings authorised by any Act mentioned in the Second Schedule:
cc Proclamation " means a Proclamation authorised by this Act
and published in the Gazette :
Road authority " includes the Municipal Corporation, District Council, or Associated Ilistrict Councils Board of Main Roads, or other body or person having authority with regard to the roads in the place in question:
" Road" includes any highway, public or private street, and public road, and any part thereof respectively:
Suburban Corporations " means the Corporation of the Town of
Kensington and Norwood; the Corporation of the City of
Unley; the Corporation of the Town of St. Peters; the
Corporation
6" EDWARDI VII, No. 913.
The Municipd Tramways Trust Act.-1906.

Corporation of

the Town of Hindmarsh; and the Corporation

~ * E T

of the Town of Thebarton; and, except in Parts 111. and
VII. and section 45, the District Councils:
'*Suburban Corporation " includes any one of the Suburban Cor- porations, and, except in Part 111. and Part VII., any District Council:
"Suburban Council" means the Council of a Suburban Cor-
poration:
" Town Clerk of Adelaide" includes any person for the time

being performing the duties of Town Clerk of the Munici-

pality of Adelaide:

" Town Clerk " includes any person for the time being performing the duties of Town Clerk of the Municipality of' Kensington and Norwood, Unley, St. Peters, Hindmarsh, or Thebarton, respectively:
M Tramway " means a tramway belonging to the Trust:

Treasurer" means the Minister of

the Crown for the time being

performing the duties of Treasurer of

the said State:

$ ' Trust" means the Municipal Tramways Trust hereby created
and any person authorised by the Trust to do the particular
matter.
4, Where a penalty or a term of imprisonment is mentioned in or Penalties.
at the foot of any section, any contravention of the section, whether by act or omission, shall be an offence against this Act, punishable upon conviction by a penalty or a term of imprisonment not exceeding that mentioned.

5, The General Tramways Act, 1884, is not incorporated with Qeneral Tramways

Act not incorporated.

this Act.

PART 11.

PURCHASE O F HORSE TRAMWAYS.

6,	The Government shall carry out and complete the purchase Ratification of pur-

which agreement is hereby ratified. This Act shall for all purposes

of the said agreement be a sufficient ratification thereof by the

mentioned in the agreement set out in the First Schedule hereto, "a8e0f tmmwa~e. binding on all parties.

7, On the completion of

the purchase-

Property purcheeed to vest in the Trust.

( a ) The property purchased shall vest in and become the
property of the Trnst:
( b ) The Commissioner shall notify the fact of the comple-

tion of the purchase in the Gazette.

8. The

6" EDWARDI VII, No. 913.
The Municipal Tramways Trwt Act.-1906.

PART

11.

8. The several Acts mentioned in the Second Schedule shall, as

Bepeal of prilnte

from the date of the notification mentioned in section 7, be repealed,

tramway A&S.

and all the rights, powers, and authorities of the several companies

and person mentioned in the Third Schedule conferred by any of the

Acts mentioned in the Second Schedule or The General Tramways

Act, 1884, shall cease on such notification.

--

PART

III.

PART

111.

T H E MUNICIPAL TRAMWAYS TRUST.

The Trust.

9. There shall be a Trust, to be called " The Municipal Tramways

Trust."

~ts	constitution.	10, The Trust shall consist of eight members, of whom two shall be appointed by the Governor, two by the Corporation of the City
of Adelaide, two by the Suburban Corporations, and two by the
District Councils.

Method of appointing

representatives of the

11, (1) The members to be appointed by the Corporation of the

Corporation of the

City of Adelaide shall be appointed by the Council of such Corpora-

City of *delaide.

tion by resolution of the majority of the members of that body

present at a meeting convened and held for the purpose.

(2) Every such meeting shall be convened by advertisement, in-

serted at least three days prior to such meeting in two daily news-

papers published in Adelaide.

(8) No person shall be so appointed who has not previously, by

writing signed by him, signified to the Town Clerk of Adelaide his

willingness to act as a member.

(4) Every appointment shall be certified in writing, under the

common seal of the Corporation of the City of Adelaide, and delivered

to the Commissioner.

(5) The Commissioner shall give notice of such appointment in the Gazette.

(6) The Gazette notifying such appointment shall be conclusive evidence that the same was duly made.

Method of appointing

representative* of the

12. (1) The Governor may from time to time, by Proclamation,

Eluburban Corpora-

direct the nomination, on or before a day mentioned in the Proclama-

tions

Councils.

and the District tion, of the number of members required to be appointed by the

Suburban Corporations and District Councils, respectively.
(2) Such day of nomination mentioned in the Proclamation shall be a date at least fourteen days after the date of the Proclamation.
(3) Thereupon every Suburban Corporation and every District Council may nominate a person or persons, not in excess of the number required, who have signified in writing to the town clerk of such Corporation or the district clerk of such District Council their willingness to act as members. The nominations of every Suburban Corporation or District Council shall be made by resolution of the majority of members present at a meeting of the Council of such
Corporation
6" EDWARDI VII, No. 913.
The Municipal Tramways Trust Ad.-1906.

Corporation or a meeting of such District Council, convened and held	PART 111.
for the purpose. Such resolution shall be certified in writinp under the searof 'the Corporation or District Council, and deliver2 to the Commissioner within twenty-eight days from the publication of the Proclamation.
(4) The Commissioner shall publish in the Gazette a notice, which shall state the names of the persons nominated respectively by the Suburban Corporations and District Councils, and shall, in the event of there being morenominations than the number of members required to be appointed by the Suburban Corporations and District Councils respectively, appoint a time and place for election of members to be appointed by the Suburban Corporations, and a time and place for election of members to be appointed by the District Councils, and a person to act as Returning Officer a t each election
(5) At the time and place appointed for election of members to be appointed bv the Suburban Corporations, every member of a Suburban coundl, and, at the time and place appointed for election of members to be appointed by the District Councils, every member of a District Council may attend and vote by ballot for the number
of members required.

(6) Such ballots shall be taken in the prescribed manner.
(7 ) The persons to the required number for whom the highest number of votes shall have been cast at any ballot shall be deemed to have been appointed members by the Suburban Corporations, or the District Councils, as the case may be.
(8) If, by reason of an equal number of votes being cast for two or more persons at any ballot, the Returning Officer is unable to certify as provided in sub-section (13) of this section that one or more particular candidate or candidates has or have been appointed a member or members-
(a) The names of the persons for whom an equal number of votes has been cast shall be notified, in writing, by the Returning

Officer to the Suburban Councils or District Councils, as the

case may require:

( b ) The Returning Officer shall, by writing, request each Suburban Council or District Council to resolve which one or two, as the case may require, of such persons shall receive the vote of such Suburban Council or District Council.
(9) Each Suburban Council and each District Council so requested shall, within fourteen days after receipt of such request, at a meeting convened and held fbr the purpose, resolve which one or two, as the case may require, of such persons shall receive the vote of such Suburban Council or District Council.
( 101 Within three days after such resolution, a certificate thereof, undeithe seal of the Suburban Corporation or District Council, and the hand of the Town Clerk or District Clerk, shall be forwarded by the Suburban Council or District Council to the Returning

Offlcer.

(11) The

6" EDWARDI VII, No. 913.
The Municipal Tramways Trust Act.--1906.

PART m.	(11) The person or the persons to the required number, as the case may be, who shall receive the highest number of votes of the Suburban Councils or llistrict Councils, as the case may be, shall be deemed to have been appointed a member or members by the Suburban Corporations or District Councils.
(12) In case an equal number of votes by resolution shall have been given for two or more persons-

(a) The Commissioner shall have a casting vote, and shall notify the same to the Returning Officer in writing:
( 6 ) The vote of the Commissioner shall be deemed a resolution of

a Suburban Council or District Council, as the case may be.

(13) The Returning Officer shall certify in writing to the Commis-

sioner the names of the persons appointed members of the Trust

under this section.
(14) The Commissioner shall notify the appointment in the Gazette. (15) In any case where nominations of not more than the number
of members required to be appointed by the Suburban Corporations and District Councils respectively shall have been received by the Commissioner, he shall notify the appointment of such members so nominated in the Gazette.
(16) The Gazette containing a notification by the Conimissioner of the appointment of a member or members by the Suburban Cor- porations, or by the District Councils, shall be conclusive evidence of such appointment.
(17) Every meeting of a Suburban Council or District Council to be held in pursuance of this section shall be convened by advertise- ment, inserted at least three days prior to such meeting in two daily newspapers published in Adelaide.
Cornminaioner ma

on behalf of the 8b-	13. (1) In any case where there has, in the opinion of the Com-
porations or District

Councils, appoint

missioner, been unreasonable delay in the appointment of a member

members where there or members by the Corporation .of the city of Adelaide, or the

is unreasonable	Suburban Corporations, or the District Councils, the Commissioner
delay in making the
appointmente.	may, on behalf of the delaying Corporation, Suburban Corporations, or District Councils, appoint the member or members.
(2) A member so appointed by the Commissioner shall be deemed to have been duly appointed by the Corporation of the City of Adelaide, or the Suburban Corporations, or District Councils, accord- ing to the tenor of appointment by the Commissioner.
(: 3 ) The Commissioner shall notify such appointment in the Gazette, stating on whose behalf it has been made, and the Gazette shall be conclusive evidence of such appointment.

Method of

filling up

14- (1

) When any vacancy occurs in the Trust i t shall be filled

vacancies.
up in manner hereinbefore provided, so far as applicable, by appoint- ment by the Governor, the Corporation of the City of Adelaide, the Suburban Corporations, or the District Councils, according to whether such vacancy has been caused in respect of a member
appointed
6" EDWAKDI VII, No. 913.
The Municipd Tramways Trwt Act.-1906.
appointed by the Governor, the Corporation of the City of Adelaide,
the Suburban Corporations, or the District Councils.
(2) A member appointed to fill any vacancy caused otherwise than pursuant to section 16 shall only hold office during the period for which his immediate predecessor would have held such office.

15, Every member shall, subject as herein mentioned, be deemed	for six years.
Appointment to be

to have been appointed for six years.

16. At the end of every three years from the date of appointment	Half the membera
to retire every three

of the first two members appointed bv the Governor, a member

years.

appointed by the Governor, the corporation of the City of Adelaide, the Suburban Corporations and the District Councils, respectively, shall retire. As between the members appointed respectively by the Governor, the Corporation of the City of Adelaide, the Suburban Corporations, and the District Councils, the member to retire shall, subject to sub-section (2) of section 14, be the one who has been longest in office since last appointed, and in case of equality in length such retirement shall be determined by lot.

17. A retiring member shall be eligible for re-appointment.	Retiring member to
be eligible for
re-appointment.
18, No person shall be or continue a member who-	Disqualification of

I. Shall hold any office or place of profit in the gift or disposal

member.

of the Trust:
Cf. M.C.A., 1890,

11. By himself, his partner, or otherwise, shall have any interest

sec. 22.

in any contract (except for advertisements or printing, or in respect of any lease, sale, or purchase of land, or the loan of money, or any security for the payment of money) with or employment under the Trust: Provided that no person h a l l be disqualified by being a proprietor, member, or shareholder of or in any company incorporated under any Act of Parliament, or registered under any Act for registering joint stock companies and limiting the liability of the members thereof, by reason of any contract entered into by such company with the Trust; but no	member interested by himself, his partner, or otherwise, in	any contract with the Trust, or being a proprietor, member,
or shareholder of or in any such company, shall vote at any meeting of the Trust on any question relating to any contract in which such member or company is interested:

111. Shall be an infant or uncertificated insolvent.

IV. Shall be a member of the Legislature, either at the time of appointment, or within six months prior thereto.

19, The office of a member shall be vacated in case of his-	Vacation of office
of member.

I. Death, lunacy, insolvency, execution of a statutory deed of

assignment for the benefit of creditors, composition with Cf. M.C-*.p l8gu9

aec. 23.

creditors for less than Twenty Shillings in the Pound, or

conviction for felony or misdemeanor:

1 1. Absence without leave of the Trust from three consecutive
ordinary meetings of the Trust, followed by resolution of
the
6" EDWARDI VII, No. 913.
The Municipal Tramways Trust Act.--1906.
the Trust declaring the office vacant, which resolution the Trust may pass, if i t thinks fit, but not later than six weeks after the last of such three consecutive meetings:

I 1 1.

Absence from the State for three consecutive months without leave of the Trust:

IV. Disqualification as herein provided:
v. Retirement by rotation as herein provided:
vr. Resignation bp notice in writing delivered to the Trust: or,
VII. The judgment or order of any duly authorised Court or

Justices declaring his office vacant.

Power of Trust to

20, The Trust may from time to time make, amend, add to, and

make regulations.

annul regulations for or relating to-

I. The times and places of its meetings:
11. The conduct of its proceedings and business:
11 I. The duties, control, supervision, and guidance of its officers
and servants :-

~ v.	The use of its common seal.

All such regulations shall be published in the Gazette; and the Gazette purporting to contain any such regulation, amendment, addition, or annulment shall be evidence thereof, and that it was duly made or effected.

Truat may act

21. The Trust may act notwithstanding a vacancy in its

notwithstanding

vacancy.	membership.
Quorum.	22, Any five members of the Board shall form a quorum for the transaction of business.

Appointment of

23, The Governor shall from time to time appoint a) member to

chairman of Truat .

be chairman of the Trust, and may revoke such appointmei~t

at pleasure.

The chairman shall have a casting as well as a de-

liberative vote. When the chairman is absent from any meeting the members present shall appoint one of their number to be chair- man to act during such absence, and he shall preside and have a casting as well as a deliberative vote.

Pa ment to membera

24. (1) Each

member of the Trust, other than the chairman,

Lust.

shall be paid out

of the funds of the Trust, by way of remuneration

for his services,

, the sum of One Pound for each meeting such

member attends: Provided that no member, other than the chair- men, shall be paid by the Trust more than Seventy-eight Pounds in any one year.
(2) The chairman shall be paid out of the funds of the Trust, by way of remuneration for his services, at the rate of Two Hundred
and Pifiy Pounds per annum.
(3) No
6" EDWARDI VII, No. 913.
The Municipd Tramways Trust Ad.--1906.

(8) No person shall vacate any office or place in any Mnnicipd

='ART

or District Council, or become ineligible for anv such office or ~ lace,

holding office as member or Chairman of the 'l'rust, and receiling	or be in any way prejudiced or Lffected by ;.eason merely of his
the remuneration hereby provided.

25. The 'l'rust shall be a body corporate by the name of

The Truat to be abody

Municipal Tramways Trust," and shall haw p erpet~lal	succession corpomte.
and n common seal.

26. A11 Courts, Judges, and persons acting judiciall~

shall take ~udicial

notice to be

jdicial notice of such seal, and shall presume that the same was taken of seal.
properly affixed.
27. The 'l'rust-

May in its corporate name acquire, Ilold, and alienate property, Bpecial powers and

duties as to property,

and sue and be rued in all Courts, and be a party to of8cia18,

arbitration:

accounts, auditon, &c.

Uay from time to time appoint or employ, at salaries or wages, officers and servants as it thinks fit, and may remove and dismiss any officer or servant at pleasure; but this section shall not affect the rights of any person wrongfully removed or dismissed:
May delegate to any officer or servant any of its powers as it thinks fit, and may alter, vary, or revoke such delegation:
May do all such acts and things as may be necessary or expedient for carrying out the purposes of this Act:

Shall cause proper minntes or records of

a l l its proceedings to be

kept. Every minute or record purporting to be signed by the chairman or acting chairman of the Trust, and every document purporting to be certified as a correct copy of

any minute or record under the hand of the chairman or

acting chairman, shall be presumed to be the minute or

record or a correct copy thereof, arid shall be evidence of the

matters therein stated according to its purport:

Shall, within one month after the thirty-first day of January and the thirty-first day of July in every year, lay before the Governor and publish in the Gazette a financial state- ment, setting forth, under convenient headings, the receipts and payments of the Trnst during the six months ending on the said thirty-first dav of January and the thirty- first day of July, and also the hssets and liabilities of the Trust as on those days. Every such statement shall be signed as correct by all t.he members of the Trust and the auditors of the Trust, and laid before Parliament within twenty-one days if Parliament be then sitting, or within twenty-one of the next meeting of Parliament:

B-913

Shall

6" EDWARDI 1

No. 9r3.

The Municipal Tmmways Trust Act.-1906.

PART

Shall, in addition to the financial statements mentioned in the preceding sub-sect ion, keep, render, make, and publish all such books, accounts, records, returns, and statements as the Trust shall think necessary and as shall be required by - the Treasurer or prescribed:

ca.Ym

epecial audit to be

Shall each year cause the accounts of the 'Trust to be audited by two fit and proper persons appointed for the purpose by the Trust, with the approval of the Treasu~ er, at a remuneration to be fixed from time to time by the Trust. The auditors shall have access to the books of account and vouchers whenever they shall think necessary. No auditor shall hold office for more than two consecutive years, except that the 'I'rust may appoint such one of the two auditors first appointed as the Trust may select to hold office for a third consecutive year: Provided that the Governor may at any time cause the accounts of the Trust to be audited by the Commissioner of Audit or any other person appointed by the Governor; a~rd the Commissioner of Audit or person so appointed shall, for the purpose of such audit and accounts, h a ~ e all the powers for the time being vested by law in the Commissioner of Audit in relation to the audit of public accounts.

made.

ART IT.

PART IV.

HORSE TRAMS.
Horse trams to be

worked until super-

28. Pending the cornpletion or extension of the system of tmm-

ceded by electric

ways mentioned in sections 33 and 34, respectively, the 'I'rust shall

trams.

work the present tram systen~s by horse traction, so far as such

traction shall not have been superseded by electric traction.

Excluive right of

Trust to tramwaye.

29. The Trust shall have the exclusive use of the present tram-

ways for carriages with flange wheels.

Exclmive right of	30.	(1) The Trust shall have the exclusive right to work tram-
Trust to work horse

trams. nigJ-,te

ways by horse traction within a radius of ten miles from the General

tramways preserved.

BrightonandAlberton Post Office,

(2) Save as in sub-sections (3), (4), and (5) of

this section mentioned,

nothing in this Act contained shall affect the provisions of The Glenelg and Brighton Tramways Act, The Glenelg, Brighton, and Marino Tramway Act, 1882, or Port Adelaide and Suburban 'Tram- way Act, 1877.
(3) The Trust may, at any time mentioned in section 38 of The
Glenelg and Brighton Tramways Act, purchase the tramways and
the whole undertaking therein referred to on the terms and in the
manner therein provided as to a purchase by the Governor.
(4) The Trust may, at any time mentioned in section 58 of the
Port Adelaide and Suburban l'ramway Act, 1877, purchase the
tramway S
6" EDWARDI VII, No. 913.
The Municipal Tra,mways Trust Act.-1906.

PART

Iv-

tramways and the whole undertaking therein referred to on the terms and in the manner therein provided as to a purchase by the Corporation of the Town of Port Adelaide.
(5) The rights of purchase by the two last preceding sub-sectio~is

conferred on the Trust shall be paramount to but shall not repeal

any other right of purchase.

31. Within the radius referred to i n section 30 the Trust shall Power to construct

horse tramways M

have Ijower to make, form, lay down, maintain, remove, renew, and feeder8 to electric

work 'by horse tractidn upon any road such tramways as shull, in the tnnls-
opinion of the Trust, be desirable as feeders to any electric tram
system hereinafter authorised.

32. TO prevent overcrowding and cruelty to horses-

overcrowding

Proviaions against

Thc Trust shall tletermil~e

the inasirnuul nritnber of passeiigers horse trams.

which each tram d r n w ~ ~ by horses shnll carry, and shall cxuse a notification of such number to bz afflse(1 in or on

such tram.

Penalty. Fiv? Pol~nds

[ I. As soon and as long as passengers to the maximum number

determined are being con\~yed

by a tram the Trust shdi

cause a board (herniixiftrr called thc "

full board ") to be

clicplayed on the tmrn, upon which shall 1)r promine~l	tly
printed the word Full." Penalty, Five Pounds:

I I I. No person shall enter a tram when the full board is displayed.
Penalty, Five Pounds:
rv. Evidence that a full board was displayed shall be conclusive evidence of the fact that the maximum number of pas- sengers determined by the Trust was then being conveyed by the tram.

ELECTRIC TRAMS.

33, Within three years from the thirty-first day of December, Main lines to be

one thousand nine hundred and six, the Trust shall form, lay down,	electrified within
make, and construct a system of tramways, the trains whereon shall be propelled by electric energy with o r without overhead trolleys. Such tramways shall run from some point or points in Adelaide to some terminal points in North Adelaide, Walkerville, Kensington, Maylands, St. Peters, Payneham, Parkside South, Unley, Hyde Park, Hindmarsh, and Henley Beach respectively.

34. So soon as (but, except with the consent of the Governor, System of electntlcrt-

not before) the receipts of the 'l'nlst in any year are sufficient, after when the buaineas of

tion to be extended

providing for the current expenses, cost of

maintenance, and renewal the Truetispdbble.

fund, to provide for interest on debentures, and the sinking fund for the debentures, as hereinafter mentioned, and the interat men-
tioned
6" EDWARDI VII, No. 913.

The Municipal Tramways Trust Act.-1906.

- -- -- --

tioncd in section 42, sub-section (c), the 'l'rust shall commence to extend, and within five years after such commencement shall com- plete, the extension of the system of tramways constructed pursuant to section (3.3 to some points approved by the l'rust in Prospect, Nailsworth, Enfield, Glen Osmond, Mitcham, Goodwood, Paradise, Burnside, and Magill, ~.espectively.
Trust to have the

exclusive right within	35, The Trust shall have the exclusive right to form, lay down, trams thereon propelled by electric energy, within a radins of ten ndcs from the General Post Office; and within such radius may, with the consent of the Governor, form, lay down, construct, maintain, remove, alter, and work, in addition to the tram wavs hei.einbcfore authorised. such other tramways as will, in the opinidn of the l'rust, be profitable.
R radiue of ten miles	make, construct, maintain, remo\.e, and alter tramways, and work
to work electric trams.

PART VI.
36. The Treasurer is authorised to pay-

The cost of purchaae	(a) The moneys (hereinafter referred to as " the cost of	purchase ")
and constructkm may

be financed by the

required for the completion of the purchase mentioned in

Government.

the said agreement, and all costs, charges. and expenses in- curred by the Government in respect of the arbitrations and purchases heretofore instituted or initiated, or for which notice has been given on behalf of the Government under the Tramways Electric Traction Act, 1904, or The General Tramways Act, 1884, respectively, and in respect

of or under the said agreement to purchase, and in respect

of this Act:

(6) The moneys (hereinafter referred to as "

the cost of construc-

tion") required for the purpose of	doing any thing authorised
by this Act:

And for this purpose the Treasurer is authorised to issue Government inscribed stock or Treasury bills, having a currency not exceeding thirty pears, bearing interest at a rate not exceeding four pet centurn
per annum, for such price as the Treasurer thinks fit.

Trust

debentures to

37, The 'I'rust shall, from time to time, in exchange for the

bg exchanged for

advancea on amount	moneys paid by the Treasurer to the Trust on account of the cost of
of coat of construction	construction, and to the amount of such moneys plus the amount
MT.	which the Treasurer certifies to theTrust in writing is the fair cost
of raising such qonep, issue debentures in favor of the Treasurer.

6" EDWARDI VII, No. 913.
The Municipal Tramways Trust Act.-1906.

38. (1) The 'I'rast shall repay the moneys paid by the Treasurer

PART

\.I.

on account of the cost of

construction, with interest, as follows:-

Interest and repay-

ment of Trust

( r r )

One-sixtieth part of

such moneys sliall be paid on the thirty- debentures-

first clay of January and the thirty-first day of July in
every year:
(b) Interest shall be payablc on the capital moneys for the
time being owing in respect of' the debentures at the rate at which the 'l'reasurer shall certify in writing to the 'l'rust hc has borrowed the money paid iu exchange for thc dcbenturrs: such interest shall be imyable on the thirty-first day of January and the thirty-first day of July in c \wy ycar. The debentures may have attached thereto conpons for the interest. I n any case where the moneys paid to the 'I'rust have not been specially borrowed for the
purpose the rate of interest shall be the rate which the 1 *
lreasurer, at the time of the issue of the clebentures covering snch moneys, shall certify in writing to the Trust is the current rate at which the Government can borrow money for public purposes.
(2) Such debentures may be in t,he form in the Fourth Schedule
hereto.
(8) Repayment of the capital moneys, and interest at the times

and in manner in this Act provided, shall be secured hy the said

debentures.

(1) A certificate in writing under the hand of the Treasurer shall be conclusive evidence as to the amount from time to time secured by the said debentures.

39. 'l'he Treasurer is authorised from time to time to pay out

Deficiency in intereat

on the cost of pur-

of the General Iievenue anr moneys necessary to meet interest on	chase may be met out
the cost of purchase which tile receipts of the 'l'mst are insuficient	of general revenue.

to discharge, according to the provisions hereinafter contained.

40. (1) The Treasurer shall certifv to the Trust in writing what	All Government
advances to be

is the fair cost, of raising the money; required for the cost of pur-	charged on the assets
chase. and the rate of interest at which he has borrowed the same.	of the Trust.
As to any of such moneys not special!y borrowed for the cost of
purchase, and as to any moneys paid b!, the Treaswer under section
39, the Treasurer shall certify in writing to the Trust the rate at
which the Goverliment could at the time of the payment by the Government of such monep h a ~ e borrowed money for public purposes.
(2) The whole of the moneys paid by the Treasurer, under sec- tions 3(i or 39, to~e ther with the cost of raising capital moneys, certificd :is aforesad, are ahxged on the assets of the 'l'rust in favor of the 'l'reasurer; with simple interest calculated at the rate or. rates certified as hereinbefore provided with regard to such moneys respectively.

(3) The
14 6" EDWAKDI VII, No. 913.
The Municipal Tramways Trust Act.-1906.

PART VI.	(3) The capital moneys and interest secured b y the debentures shall be repayable to the Treasurer, as hereinbefore provided,
(4) The residue of such moneys paid by the Treasurer shall, not- withstanding the provisions of section 38, be repayable and repaid to the Treasurer on or before the thir ty-first day of January, one thousand nine hundred and thirty-seven, with all unpaid interest thereon.
(5) A certificate in writing under the hand of the Treasurer shall be conclusive evidence of the amount from time to time charged as aforesaid.

Trust h pay its net

receipts to the

41. The 'L'rust shall, on the thirty-first day oE January and the

Treasurer.

thirty-first

- -

day of J u l y in every year, alter making provision or

allowance in account-
(a ) For payment of current expenses incnrrcd during the pre-

ceding six inonths in connection with the business of the

Trust, including maintenauce:

( h ) For a renewal fund at two and a half

pcr ccnt,um per annum

on the capital cost of rmewablc parts of thc untlertaking
then constructed:
(c) For estimated future current expenses during the next follow- ing month in connection with such businrss:
pa,y to the Treasurer the residue of its receipts for such six months.
Application of net

receipts by the

42, 'l'he Treasurer shall apply the same when reccived to the

Treasurer.

following purposes and in the follo\ring priorities :-

( a ) In defraying the interest thcn payable under the debentures:
( b ) I n reduction by wav of a sinlting fund of one-sixtieth of the
total amount piid by the Treasurer for which the Trust
has at any time issued debentures in favor of the 'l'reasurer:

moncys theretofore paid by the Treasurer and not secured

by debentures or repaid:

(d) In or t.owards satisfaction of any debentures held by the
Treasurer:
( E ) I n reduction of moneys theretofore paid by the 'l'reasorer and
not secured by debentures or repaid.
Debentures when

repaid to be cancelled

43, 'L'he 'l'reasurer shall from time to time cancel and return to

and rctr~rned	to the	the 'I'rust debentures to the amount rcpaid in respect of capital
Trust.	moneys secured by debentures, For equality of exchange of can- celled debentures, where the moneys repaid are less than the even amount of a debenture proposed to be cancelled, the 'I'rust may issue to the Treasurer a debenture lor the difference, bearing.inte- rest and repayable at the rate and times and i11 manner inentloned in such debentute.

44. - The
6" EDWARDI VII, No. 913.

- - - -

The Municipal Tmmways Trust Act.-1906.

44. The Trust may capitalise the interest on debentures accru-

PART

v].

ing during all or part of' the period of three yeik1-s mentioned in Intereat may be

section 33, and may issue additional debentures in faror of the prio~o~construetion.	capitalbed during
Treasurer to the anlonnt of and with interest at the rate of the interest capitalised. 'l'he Treasurer shall, in exchange for such additional debentures, cancel and return to the Trust the coupons representing the interest so capitalised.

45. When the moneys pa,id by the Treasurer, with interest as on repayment of

advances the control

aforesaid, shall have been repaid-

of the Government to

(1) The Treasurer shall, in writing, certify the fact to the 'l'rust, came.
and thereupon-
(2) The assets of the Ti-ust shall be held for the benefit of the Corporations a d District Councils, as they may agree, or, in default of such agreement, as may be determined by Act of Parliament.
(3) The members of the Trust appointed by the Governor shall rctire. Thereafter the Trust shall consist of S& members, of whom two shall be appointed by the Co~poration of the City of Adelaide, two by the Suburban Corporations, and two by the District Councils, in manner provided in Part 111. with regard to the appointment of members by such Corporations and District Councils respectively.
(4) The Trust shall, in lieu of t,he Governor as provided in section 23, appoint the Chairman.
(5) Sections 41 and 42 shall cease to have effect.
46. With the consent of the Corporations and District Councils, Borrowing power of

evidenced by certificates under their respective common seals, the the Truat.	I ?
l rust may borrow moneys-

(a) To extinguish any liability, present or future, to the Treasurer:
(6) To do anything authorised by this Act:

and may issue debentures in favor of the lender, on such terms as the

Trust may determine.

47. Such debentures shall not affect any right of the 'l'reasurer Treasurer's security

ap ins

t the Trust or its assets, or otherwise in respect of any morleys to have priority.

paid by the 'Treasurer.

48. All moneys received by the Treasurer as repayments on account Treasurer to f

of capital moneys paid by him under section 36 shall be invested as 8inhgfuna.
a sinking fund, and be applied towards the reduction of the Govern-
ment inscribed stock or Treasury bills issued pursuant to such section.
PART
6" EDWARDI VII, No. 913.

- --

- - - - -

The Municipal Tramways Trust Act.-1906,
L1 ABI1,I'l'Y O F CORPORATIONS AND DISTRIC'I'
COUNCl IS.

CO rations to be securedbydebenf,ure~ mentioned, be liable to pay to the Treasurer the nloneys secured by

49.

The Corporations and District Councils shall, in manner herein

iab

'P"

e for amount

any debentures issued by the Trust pursuant to this Act.
Apportionment of

such liability.

50. (1) Such liability shall be borne by the Corporations and District Councils--

( a ) As to one-third, by the Corporation of the City of Adelaide:
( b ) As to one-third, by the Suburban Corporations severally, in the proportions which the assessed annual value of the ratable property in the municipality of each Suburban Corporation now bears to the total assessed annual value of the ratable property in the municipalities of all the Suburt~an Corpora- tions. For the purpose of determining this proportion the assessed annual value of the ratable property in the Muni- cipality of each Suburban Corporation is declared to be-
Assessed Annual

Name of Suburhan Corporation.

Value of Ratable

IJroperty.

Unley ......................................	127,000
Kensington and Norwood ......................	76,000

Hindmarsh	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..	58,000
St. Peters	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..	55,000
Thebarton	.................................	34,000

the ratable

property in each District of each District Council now bears	to the total assessed annual value of the ratable property
in all the said Districts. For the purpose of determining this proportion the assessed annual value of the ratable pro-
perty of each of the said Districts is declared to be-

Assessed Annual

Name of District.

Value of Ratable

Property.

Burnside ....................................

53,344

Campbellto wn

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

17,572

Mitcham

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

31,375

Payneham .........................:........

13,127

Prospect

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

35,077

Walkerville ..................................

26,660

West

Torrena

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

18,316

Woodrille

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

37,005

Yatala South ................................

9,863

6" EDWARDI VII, No. 913.
The Municipal Tramways Trust Act.-1906.

(2) In the event of the District of

any District Council becoming

P*a*

a Municipality or part of a Municipalitv, the Corporation or the District becomin a

Municipality a d ]

Council of such Municipality, as the case may require, shall, for	liable.
all the purposesof this Act, take the place of such District Council.

(3) (a ) In the event of

the Governor exercising any of the Provisions in case of

powers conferred on him by Part 11. of " The District Councils ,,icta and Munici-	alterations of	D i n -
Act, 1887," relating to-	palit irs.

I. The constitution of a new District;

11.

The uniting of

Districts;

111. The severance of part of a District; or
IV. The alteration and adjustment of the boundaries of adjoining
I)ist.ricts,

or in the event of the Govcr~lor exercising any of the powers con- ferred on him by Part IT. of " The Municipal Corporations Act,

1890," relating td

I. The coristituting n new Municipality,
r r. Altering the boundaries of any Municipalit?-,

the Governor shall, by the ordcr exercisine such porvcrs, have power to and shall declare what shall be the liability of such new District, united District, severed District, Districts whose boundaries shall have been so altered and adjusted, new Municipality, or Muni- cipality whose boundaries slid1 have been so altered, with respect to the payment to the Treasurer of the moneys secuwd by the debenture.; and the Governor may, by Proclamation, alter, apportion, settle, adjust, and impose any liability on any Ilistrict Council or ~orpora&on, or any new or altered District Council or Municipality, which shall, in the opinion of the Governor, be fair and just.

( h ) From and after any such Proclamation the liability of any tion of the moneys secured by the debentures shall be the liability Corporation and District Council to pay to the Treasurer a propor-	mentioned in the Proclamation, and such liability shall be deemed to
be imposed by this ,4ct.

( c ) Nothing done hereunder shall prejudice any right of the

Treasurer or the Trust to recover any liability which immedii~tely prior to any Proclamation shall be owing and payable to the

Treasu~er

or the Trust.

51, (1) The liability hereby imposed 011 any Corporation or Liability to be met

Uistrict Council sliall, notwithstanding any Act heretofore passed, be out of a special rate

paid by such Corporation or District Council, and shall be defrayed ont of a sufficient special rate of such Corporation or District Council. Every Couricil of such Corporation and every District Council, notwithstanding any thing to the contrary contained in any Act of Parliament, are hereby authorised and required to declare, levy, and get in such special rate, and pay the proceeds, or so much thereof as

G-913

may

6" EDWARDI VII, No. 913.

- -

The Municipal Tramways Trust Act.-1906.

p----

P-

may he required for the purpose, to the Treasurer, 2nd shall hold m y surplus to answer any future liability imposed on such Corporation or District Council by this Act.
(2) In anticipation of the declaration or getting in of such special mte, the Council or District Council may discharge a11 or any portion of such liability out of any funds for the time being in it,s hands, or may borrow such moneys as it may require for the purpose of meeting such liability.

Method of making

and collecting mtee.

52, (1) All the provisions of The Municipal Corporations Act,

1890, and The District Ctiuncils Act, 1887, and of any Acts in-
corporated with or substituted for either of snrh Acts, with regard to the rates thereby respectively authorised to be declared,

shall, subject to this -I&, alq~ly

to ,z ratc declared under this Act.

(2) Upon default by any Corporation or District Council in discllnrging the liability hereby imposed on such Corporation or District Council, the Treasurer shall, in addition to all other rights and remedies conferred by law, have all the rights and remedies of a holder of a debenture or coupon thereof conferred by section 'L80 of The Municipal Corporations Act, 1390, and sedion 186 of The District Councils Act, 1 887.
(3) If the Treasurer, after threo months' written notice under the seal of the 'l'rust to recover payment of the full amount of such liability, fail so to do, the Trust may, in its own name or in the name and on behalf of the Treasurer, sue for and recover from the Corporation or District Council in default the amount of such liability, or any unpaid portion thereof, and may enforce payment thereof (together with all costs as between solicitor and client) to the Trust by such Corporation or District Council, and may exercise all of the rights and remedies hereby conferred on the Treasurer in respect of such liability, and such ;ights shall be deemed to have been transferred from the Treasurer to the Trust.

(4) All moneys other than costs recovered by the Trust under sub-aection (3) shall be paid by the Trust to the Treasurer.

PA.KT VIII.

GENERAL POWERS AND OBLIGATIONS.

Thegeneralpoaersof	53, The 'I'rust may, for the purposes of this Act-
the Trust.
cf. G.T.A., 8.	(1) Break up, open, and alter the surface or level of any road:
PV, 18, 88. (1)

c f. T.E.T.AC~,

1904,

(2) Temporarily stop traffic upon any road:

(3) Place, erect, lay down, work and maintain in, over, or under any road, and, with the consent of the owner and occupier thereof, attach to any building any apparatus or thing which in the opinion of the 'I'rust may be necessary or expedient in connection with the transmission of electric energy, and map from time to time repair, renew, remove, and replace the same: ( 4 ) Mnks

6" EDWARDI VII, No. 913.
The Municipal Tramways Trust Act,-1906.

(4) Make openings, ways, mid snbways in, on, or tunder any road, with openings and ways into ihc same:

PART v l l f*

sec, 18, ss. (3).

cf. T. E.T. A&, 1904,

(5) Open, break up, and alter tlie position of sewers, drains, tunnels, gaspipes, or waterpipes in or under any road, cf. ib. W. (L).
or, with the consent of the Commonwealth Postniaster- General, raise, lower, alter, or remove any telegraphic, telephonic. or electric apparatus, whethcr under the control of the Commonwealth Postmaster-General or not:
(6) Alter, remove, replace, or relay in any position or situation Cf. ib. ss. (6).
any existing or future tram system, or any part thereof, or

a~iytliing

connected therewith:

(7) Extend or vary any fi~ture

or existing tram system:

N~W.

(8) Make, renew, remove, replace, or alter as to position or Cf. i b. ~.

(7)-

otherwise any junction, siding, station, turntable, or Cf. m.
turnout:
(9) Purchase and take, under the provisions of The Lands Clauses cf. ib. sec. 20.
Consolidation Act, a.nd ally Acts amending the same, any land or buildillgs (except land subject to n, public riglit-of-
way) which in the opinion of the ?rust may be necessary
or convenient to be purchased or taken for any purposes authorised by or :mder this Act, and for any such purpose all the provisions of those Acts are incorporated in this Act:
(10) With the consent of the Gorei.nor, and for the pnrpose of shortening any route or avoiding curves, form, make, and pave a road through any square or park lands, and thereon make, form, lay down, maintain, remove, renew, and work any tramway; Provided that such road shall be formed, made, and paved, and kept in repair and fenced at the expense of the Trust, to the satisfaction of the road authority:

(11) Erect, repair, remove, alter, pull down, or make additions to New.	any power house, storage stations, tramsheds, stables, or	buildings, with all proper offices, conveniences, and appur-
tenances:

(1 2) Carry on the business of tramway proprietors, and of buyers, New.
generators, and users of electric power or light, and with power to sell and supply to the Government only electric power and light:
(13) For the purpose of stimulating or developing the traffic of New.
any tram system, carry on the business of omnibus proprie- tors, and purchase, acquire, and use any vehicles, horses, motors, and things which in the opinion of the Trust may be required for the pwpose of cal3rying on such business:

( 1 4)

F o r the purpose of

stimulating or developing traffic, establish

New.

or keep and maintain, or assist in establishing, keeping, or maintaining, and rent, let, lease, buy, sell, or grant licences
in
6" EDWARDI VII, No. 9 1 3

The Munici$

Tramways Trust Act.-1906.

PART V I I ~.

in respect of public parks, gaydens, restaurants, rest-houses, or places of entertainmerlt or anlusement, to which passen- gers may conveniently resort:

New.	(15) Sell or dispose of any property of the Trust which, in the opinion of the Trust, i t may be desilsable to dispose of, with power to exchange such property for other property of any kind:
New.	(16) Receive and give effectual receipts or discharges for any gift, devise, legacy, or bequest.
Repair of roads used
as tramwnp.	54. The Trust shall, at its own expense, at all times keep in

good condition and repair, with such materials and in such manner
as the mad authority slid1 direct and to its satisfaction-

Cf. G.T.A., 1884,

sec. 11.	(1) So much of any road whereon any tramway belonging to the Trust is laid as lies between the rails of the tramway:
(2) Where two tramways are laid by the Trust on any road at a distance of not more than four feet from each other, the portion of the road between the tramways:
(3) So much of the road as extends eighteen inches beyond the rails on each side of any such tra~nway.

nu"

h b a r part of

55. In the event of

any road authority forming, making, or

the cost of construct-

ing roads of spcrial	paving any road or such portion thereof as the Trust IS not hereby
materials.	required to repair with any material other than macadam, the Trust shall, as and when required by the road authority, at its own expense, form with such material and maintain and keep in good
New.	condition and repair to the satisfaction of the road authority so much of such road as by this Act is directed to be kept by the Trust in good condition and repair.

Befox e interfering

56, The Trust shall-

with roads notice to

be given by the Trust.

I. Except in cases of emergency, not open or break up any road

cf. ib. WC. 8.

or bridge, or stop any traffic, without giving at least three

days' notice to the road authority:

11.

Not alter the level of any road without altering such level over the whole width of

such road, and shall re-make the same

to the satisfaction of the road authority.

Notice required m

rases of emergency.	57. In cases of emergency, as mentioned in the last preceding section, notice to the road authority shall be given as soon as possible after the work has been begun or the necessity for the same has arisen.
broken-up roads.
Restoration of	58, When the 'l'rust shall have opened or broken up any por- tion of any road the Trust shall-

Cf.	ib. sec. 9.

I. With all convenient speed, and to the satisfaction of the road
authority, restore the portion of the road to as good condition
as
6" EDWARDI VII, No. 913.
The Municipal Tramways Trust Act.-1906.

!'ART

V1lra

as before it Itas opened or broken up, and remove all surplus
mater in1 to a place directed by the road authority:
11. Cause the place where the road is opened or broken up to be
fenced and watched, and a t night to be properly lighted:

1 1 1. Bear or pay all reasonable expenses of

the repair of the roacl

for six months after same is restored, so far as these expenses shall have been increased by such opening or breaking up.

59, The 'l'rust shall not alter the level of

any road so as to make Provieionsae to the

the ascent of any main road more than one foot in thirty feet, or to level of roads.

make the ascent of any other public road more than oue foot in Cf. G.T& 18847	sec. 10.
twenty feet; and the Trust shall, in making any such alteration, form, make, pave the road to the level furnished by the road authority, which is hereby required to furnish to the Trust all necessary information as to the same.

80. Every bridge erected by the Trust shall have on each side Fences to bridges.

thereof a good and sufficient fence a t least four feet high.

61, The 'l'rust and the road authority may make, alter, renew, Contracts as to

or vary contracts or arrangements with one another with respect to

raad8-

the paving and keeping in repair of any road or portion ot any roacl cf.	ib. 12.
on which there shall be a tramway.

62, For the purpose of making, forming, laying down, main- Provislonwtogas

taining, repairing, or renewing any part of their undertaking, the and water cOmpn'U.

Trust may from time to time, where and as far as it is necessary or lb. sec. 13.

may appear expedient for the purpose of preventing frequent interrup-

tion of the carrying on of such undertaking by repairs or works in

connection with the same, alter the position of any mains or pipes

for the supply of gas or water, or any wires or apparatus for the

t.ansmission of electricity or for other purposes, sut~ject to the prod

visions of this Act and also subject to the following restrictions, that

is to say-

(I) (a) Before doing such work in a road in which any mains or pipes, wires, or apparatus may be laid, the Trust shall, whether it contemplates altering the position of any such mains or pipes, wires, or apparatus or not, give seven days' notice to the company, persons or person,
or authority to whom such mains or pipes, wires, or
apparatus may belong, or by whom they are controlled, of the intention to do such work, and shall at the same time deliver a plan and section of the proposed work:
( b ) If it should appear to any such company, person, or authority that the proposed work would endanger any such main or pipe, wire, or apparatus, or interfere with or impede the supply of water or gas, or the transmission of electricity, such company, person, or authority (as the case may be) may give notice to the Trust to
lower

6" EDWARDI VII, No. 913.

pp-

-	The Municipal Tramways Trust Act.-1906.
lower or otherwise alter the position of the said mains or pipes, wires, or apparatus in such manner as may be con siderecl necessary:

See section 65.

( c ) Any difference as to the necessity of any such lowering or alteration shall be settled in manner provided by this Act for the settlement of differences between the Trust and other persons:

(d)	411 alterations to be made under t,his section shall be made-

I. With as little detriment and inconvenience to the company, person, or authority to whom such mains or pipes, wires, or apparatus may belong or by whom the same are controlled, or to the inhabitants of the district, as the circumstances will admit; and
I 1. Under the superintendence of such company, person,
or authority, or of their surveyor or engineer, if they or he think fit to attend after receiving not less than forty-eight hours' notice for that purpose, which notice the Trust is hereby required to give:
('L) The Trust shall not-
(a) Remove or displace any of the mains or pipes, valves, syphons, plugs, wires, or apparatus, or other works belonging to or cantrolled by any such company, person, or authority; or
( b ) Do anything to impede the passage of water or gas,
or the transmission of electricty into or through
such mains, pipes, wires, or apparatus

without the consent of such company, person, or authority, or in any other manner than such company, person, or autho- rity shall approve, until good and sufficient mains, pipes, wires, valves, syphons, plugs, apparatus, a i d other worlh necessary or proper for continuing the supply of water or	gas or the transmission of electricity as sufficiently as the	same was supplied or transmitted by the mains or pipes,
wires, or apparatus proposed to be removed or displaced shall, at the expense of the Trust, have been first made and laid down in lieu thereof and ready for use, and to the satisfaction of the surveyor or engineer of such water or gas or other company, person, or authority, or, in case of disagreement between such surveyor or engineer and the Trust, as an engineer or other fit person appointed by the parties shall direct. I n the event of the parties failing to agree as to such appointment, the matter in dispute shall be determined by arbitration:

(3) The Trust shall not lay down any such pipes or wires con- trary to the regulations of any Act relating to such water, or gas, or electric, or other company, or relating to telegraphs:
(4) The

6" EDWARDI VII, No. 913.

-- p

- -

- --W

- --

The Municipal Tramways Trust Act.-1906.

- - -

- -

pp- -

p ---p

(4) The Trust shall-
(a) Make good all damage done by the Trust to property
belonging to or controlled by any euch company,
person, or authority; and
( h ) Make full compensation to all parties for any loss or
damnze wliich thcy may sustain by reason of any intel.ferc~~cc with such pr~per ty or with the private service pipes, wires, or apparatus of any person supplied by any such company, person, or authority with water, gas, or electricity:
( 5 ) If, by any such operations as aforesaid, the Trust interrupt the sn1y)ly of watcr, gas, or rlcctricity in o r throngh any main, or main pipe, or wire, it shall be liable to a penalty not exccetling Twenty Pounds for every day upon which such supply shall be so intcrr~~ptcd.

63,

(1) Whcre any work authorised by this Act interferes with

For protection of

~ewers,

&C.

any sewer, drain, watercourse? suhvay, clcfcncc, or work, or in i ~ n y

Cf. G.T.A.,

1884,

way affects sewerage or clrainage. t l ~ e	Trust shall no';, commence	sec. 14.
any such work nntil-

((2)	I t shall have given to the propcr authority fourteen claps' previous notice in writing of its intcin tion to commence the same, b ~. leaving such notice a t the principal office of euch

a11	tllority, with all necessary particulars relating therct o; and

( h ) Sucl~ authority shall have signified its approval of the same, unless such authority does not signify its approval, disapproval, or other directions within fourteen days after service of the said notice and particulars ss aforesaid:
(2) The Trust shall-.
( G ) Comply with and conform to all reasonable directions
and regulations of the said authority in the
execution of the said works;

( h ) Provide by new, altered, or substituted works in such

manner as such authority shall reasonably require for the proper protection of and for preventing injury or impediment to the sewers and work8 hereinbefore referred to by or by reason of the work; and
(c) Save harmless the said authority against the expense
to be occasioned thereby.

(8) All such works shall be done under the direction, superinten- dence, and control of the engineer or other officer or officers of the said authority, a t the reasonable costs, charges, and expenses in all respects of the Trust.

(4) When any such new, altered. or substituted work, or any uorks or defence connected tl~erewith, shall be completed by or a t the expense of the Trust under the provisions of this Act, the same shall thrreaf tet be as col11 pletelv under the direction, jurisdiction, and control of the said autho;itity, and be maintained by such authority as any sewers or works. M, Nothing

6" EDWARDI VII, No. 913.
The Municipal Tramways Trust Act.-1906.

- -

- - - -

- U -

- -

> - - --P

PART VIII.

64, Nothing in this Act shall take away or abridge any

Rights of authorities power to opeu or break up any road along or across which any

and companies, &C.,

to open made. tramway is laid, or any other power vested in any road authority or

other authority for any of

the purposes for which such a~~ tho r i t y

Cf. G.T.A., 1884,

eec. 16.

respectively constituted, or in any company, body, or persijn for the purpose of laying down, repairing, altering, or removing any pipe or line for the supply of gas, electricity, or water, or any tubes, wires, or apparatus for electric or other purposes; but,, in the exercise of such power, e17ery such road or other authority, company, body, or person shall be subject to the following restrictions, that is to say-

(1) They shall cause as little detriment or inconvenience to the Trust as circumstances admit:
(2) Before they commence any work whereby the traffic on the tramway or any other work hereby authorised will be iiitcwupted, they shall (cbxcept in cases of urgency, in which cases no notice sli;dl be necessarl. ) g i ~ c to the Trust a t least forty-eight hours' notice of their in tent io~~ to begin such mork, specifying the time at which they will begin it:

Altered.

(3) They shall pay to the Trust compensation for injury done, whethcr bv loss of traffic or otl~erwisc,

by the execution of

such work':
(4) Whenel-er, for the purpose of enabling i t to executc: such work, the road authority shall so require, the Trust shall either stop trafic on the tramway to which thc notice shall refer, where it woulcl otherwise iuterfere with s ~ c h work, or the road or other authority, company, body, or person (as the case may be) shall shore up and secure the same i i t their own risk and cost during the execution of the work there. Such work shall be completed by the road authority with all reasonable expedition:

(5) Any company, body, person, or authority shall not execute such work so far as i t irnmcdiately affects any property or right of the Trust, except under the superintendence of the Trust, unless it refuse or neglect to give such superinten- dencc a t the time specified in the notice for the com- mencement of the work, or discontinue the same during the progress of the work; and such company, body, person? or authority shall execute such work a t its or his own ex yense, and to the reasonable satisfaction of the Trust.

Difference between

65,

If any difference arises between the Trust on the one hand, and any road authority, or any gas company, or the Cornmissioner of Waterworks, or the Commissioner of Sewers, or any company, body,

promoters and road

authority, &c.

Cf. ib. 16.

person, or nut hority to whom any pipe, sewer, drain, wires, or nppara- tus for electrical or other purposes may belong, or any other company or anthority, on the other hand, with respect to-

6" EDWARDI VII, No. 913.
The Municipal Trcmways Trust Act.-1906.

( l ) .4ny interference or conttol exercised or claimed to be

PAW mf. .

exercised by them or him, or on theii or his behalf, or by

the

Trust, by ~. i r tue

of this Act, in relation to a n y t t a m ~

way or work; or in relation to any work or procee&ng of the road autl~ority, or other authority, company, body. OF person; or
(2) The propriety of or the mode of esecution of ally work; of
(3) The amount of any compensation to be made by or to the

Trust;

(4) Whether any work is such as ought reasonably to satisfy the local authority, or other authority, or body, company, or person concerned; or
( 5 ) Any other subject or thing regulated by, or cbmprised in, this

Par t of

this Act:

the matter in difference shall (unless otherwise specially provided for) be settled by an engineer or other fit person appointed by the parties. In the event of the parties failing to agree as to such appoint- ment, the matter in dispute shall be determined by arbitration.

66. The Trust shall at all times keep all its undertaking in Trusttokeepits

undertaking in repair.

good repair and working order.	cf. G.T.A., 1884.
sec. 18.

67. The "Arbitration Act, 1891," shall, subject to this Act, Arbitration ~ c t

apply to every arbitration, reference, and award under this Act, and npply*

this Act shall be deemed a submission within the meaning of the	.,
said Arbitration Act.

PAIL'L' IX.

PART

rx.

GENERAL PROVISIONS.

making, forming, and laying down any tramway hereby authorised tion to be by contract.

68, Except with the consent of the Governor, the work of Tramway construc-

shall be done by contract.

69, The total cost of the conversion of the tramways from horse rimitation of cost of
to electric traction, including all rolling-stock, power stations, and tramwa98.
all electrical equipments, workshops, sheds, and machinery used in
connection with the undertaking, shall not exceed Twelve Thousand
Pounds per mile on an average.
70, No tender i11 relation to any such contract shall be accepted, Control of theCovem-
nor shall any such contract be made, without the consent of the ment as to contracts.
Goveimor.
71. The consent of the Governor may be evidenced by writing Evidence of consent
under the hand of the Commissioner addressed to the 'l'rust, and the to contract.
production of any written consent purporting to be under the hand
ef the Commissioner shall be conclusive evidence of the consent of
the Governor.

D-913

72, Neither

6" EDWARDI VII, No. 913.
The Mulzicipal Tramways Trust Act.-1906.

PABT IS.

72. Neither the Trust nor its property shall be subject to

Exemption from	general, special, or local taxation.
taxation.

Rigbtsnf theTrust to

73, Except with the consent of the Governor, the Trust shall

be personal.

not assign, lease, or grant licences to work its business or any part

thereof.

Trust may make

74, The Trust may from time to time make, repeal, and alter

-laws.

cr. N.z. act, 67 of	by-laws as to the following matters :-
1894, Second

Schedule, CI. 32.

(1) Prescribing tolls, fares, or charges which may be demanded

cf. o.T.A., 1884,	or taken by the Trust from any passenger, or in respect of
sec. 38.	t,he carriage of goods, animals, and things:

(2) Regulating the number of passengers that may be carried on any carriage (distinguishing, if the Trust think fit, the platforms, top, and inside of such carriage), and for pre- venting such number being exceeded, and generally for regulating passenger traffic:
(8) Fixing stopping places and making time tables showiilg the times of' starting and arrival of carriages:
(4) Regulating the con(loct and punishing the misconduct of any persons employed by the Trnst:
(5) Preventing the committing of any nuisance upon any part of the property of the 'l'rust:
(6) Preventing smoking or spitting in or upon any carriage or part of a carriage belonging to tlic 'l'nist:
(7 ) Regulating the ordinary traffic on that portion of the roads on which any tramway is laid:

New.	(8) Making periodical deductions from the salaries or wages of all officers and servants so as to provide for sums of money or annuities to be payable to officials or selwnts on retire-

ment from the service of the Trust, or to the widows,

children, or nominees of deceased officials or servants, and

prescribing the management, control, investment, and distribution by a Board of the moneys so deducted, and for

the appointment of

such Board:

New.	(9) Generally such matters for carrying out the purposes of this Act as, in the opinion of the 'l'rust, may conveniently be made the subject-matter of a by-law.
Confirmation of by-

laws, '

75. No by-law sltall be repugnant to the law in force in South Australia, or shall take effect; until confirmed by the Governor.

C+axetting of by-hws

76, On confirrnation the by-law shall be published in the

Gazette.

E"den" of by-1awa.

77. The Gazette purporting to contain m y b y-law shall be

evidence thereof, and that the by-law was duly made and confirmed.

78, Ally
6" EDWARDI VII, No. 913.
The Municipal Tramways Trust Act.-1906.

Any by-law may impose a maximum, but not a fixed penalty, not exceeding Fifty Pounds for an offence against the same, with or Pennltie8 imFaed by'

PART. rx.

78.

without further maximum, but not fixed penalties, for any continuing

b y - i a ~ s -

offence not exceeding One Pound per day (luring which the offence

continues.

79. If the infraction or non-observance of any bylaw be Truatmayinterfere

attended with danger or annoymice to the public or hindrance to ~ummafib

in cerh

caaea.

the Trust in the conduct of its business, the Trnst, or any officer,	Cf. G.T.A.,	sec. 40.
servant, or agent thereof may summarily interfere to obviate, re- move, or stop such clanger, annoyance, or hindrance, and that without

affecting any penalty incurred by tha offender.

80,

The Trust shall l-epair and make good any damage to sub- Iliability of Trust for

damage caused by

tenanean water-pipes and sewers, the property of the Government,	of elertridly,
and shall likewise maltc full compens:~tion to the South A~istr- 3 l' ian
caused by any works constructed under the authority of this Act, etc. for any loss or cianmw which may occur to any of its mains, branch and scrvice plpcs, wires, or other works, owing to or alisiug from the supply of and use of clcctricnl powcr under the provisions of this Act, including damage to or amino from

elect~icity in, or escaping from, any of thc works of the lrust,

and shall free and relieve the South Ausrralian Gas Company and the Adelnicle Electric Supply Company, Limited, from all liability in respect of any loss or damage due to or arising therefrom.
81, Notwithstanding anything in this Act contained, the Trust Trud only to have

shall not, except where otherwise expressly hereby enacted, acquire ,,.ay.

right of user of high-

or he deemed to acquire any right other than that of user of any road 11,.	68
along or across which they construct any trimway or do any work.

82. Nothing in this Act shall take away from or affect any Powers of local

power which any local authority or other authority may have to rmda	authorities to control
widen, alter, divert, or improve any road or railway.	lb. 70.

83, Nothing in this Act shall limlt the powers of the road And to control traffic.

authority or police to regulate the passage of

traffic along or across b. i i.

any road; and snch authority or police may exercise their authority as well on as off any tramway, and with respect as well to the traffic of the Trust as to the traffic of other persons.

84. No thing in this Act or any b y-law shall take away or Right of the

abridge the right of the public to pass along or across any road, thehighww.
whether on or off any tramway, with carriages not having flange b. 72.
wheels or wheels suitable to run on the rail of the tramway, as
mentioned in section 99.

85. Subject to the provisions uf this Act and of any by-laws Right of the public to

the tmmiays.

made hereunder, all pekons shall have a right to use an; tramway

Cf. N.Z. Act, 67 of

for travelling and for the carriage of

goods thereon, and (where the 189(, 8emnd8&&ulo

tramway is not laid on .a road) shttll also have a fkee right to pass cl. 64.

on foot. along so much of the vacant land, not exceeding ten feet in

width
6" EDWARDI VII, No. 913.
The Municipal Tramways Trust Act.-1906.
width on the outer side of each rail of the tri~mway as is owned or used by the 'l'rust in connection with the tramway: Provided that such free right bc so used as not to interfere with the working of the trtamway.

Trust may acquire	86. Tlle 'l'rnst may, with the consent of the Governor and the
railway undertakings.

Cf. N.Z. Act, 67 of	South Australian Railways Commissioner, pilrchase or otherwise
1894, Second	acquire any railway, together with all property and rights of or
Schedule, cl. 66.	relating to the railway.
Right of South

Australian Railways

87, Nothing contained in this Act shall prevent the South

Commissioner to uso	Australian Railways Commissioner working bins propelled by
electric energy.	elechic energy on any railways vested in such Commissioner.

Rubbish destructors.

88,

The Trust may receive, collect, or pay for rubbish for the

purpose of

consumption as fuel, anu purchase, construct, erec t, main-

tain, use, alter, remove, or add to oile or more rubbish destructors.

Protection of

annui-

89, No annuity provided for by by-law made pursuant to section

tiee to widows of

workmen from credi-	74, sub-section (8) shall be anticipated, assigned, transferred, charged,
tors.	encumbered, or otherwise parted with by the person entitled, or
Cf. 485 of 1890,
sec. 12.	contingently entitlecl thereto, ill possession, expectancy, or o ther wise; nor shall any such annuity be attached or taken in execution under the process of any Court, nor, in the event of the insolvency or statu- tory assignment of such person, vest in the assignee or trustee of 'his estate; but erery such annuity shall be an inalienable personal pro- vision for the person entitled thereto.
Protect ion of Super-

annuation Fund from

90, (1) No sum of money provided for by by-law made pursuant

creditors.

to section 74, silb-section (B), shall be subject to be seized or taken

Cf. 417 of 1857,

in execution or attached under the process of any Court, or shall, in

sec. 3.

the event of the insolvency or statutory assignment of the person en- titled thereto before actual payment; of such money to him, vest in the official receiver of any Court of Insolvency or in the trustee or assignee of his cstate or under the assignment.

(2) No such sum of money not actually paid to the person en-

titled thereto shall, on the death of such person, unless in pursuance

debts, but such sum of money shall, subject to any ~oluntary disposi-

of an express direction in his will, be assets for the payment of his

tion thereof during his life, be held by his personal representatives in trust for the person or persons entitled thereto under his will or codicil, or in c: ~ of intestacy in trust for the person or persons entitled thereto under the Statutes for the distribution of the estates of intestates,

Regulations for

carrying Act into

91. (1) The Governor may from time to time make, amend,

effect.

add to, and annul regulations prescribing the manner of taking any ballot under this Act, and any regulations expedient for carrying this Act into execution.

(2) Any such regulation, amendment, addition, or annulment

published in the Cinzette shall be of the same force as if hereby

enacted, and shall be judicially noticed.

Act to bind tho

Crown

92, This Act shall bind His Majesty, His heirs and successors.

PART

6" EDWARDI V, No. 913.

The Municipnl Tramways Trust Act.-1

906.

PART X.

OFFENCES.

93, No person shall wilfully obstruct any person acting under ~

;

the authority of

the ' l ' r~~s t

in the lawful exercise of its powers in property.

- -

setting out, or making, forming, laying down, repairing, or renewing
a tramway, or any work hereby authorised, or deface or destroy any

mark made for thk purpose of setting out the line of the tramway or

Act,

work. or damage or destroy any 1)roperty of tho Tixst.

Penalty, NO. 67 of 1894.

*, Second scheduie,

Fifty Pouncls.

cl. 37.

Such 1,rraon slm11 in nddition be liable to

pay the Trust colilpensa-

tion fbr the actual damage done.

94, No person shall, without hwful

~ X C \ \ S C, do

:1113'

the Penalties for various

offences.

following things, namely :-

Cf. ib. 38.

( 1 ) Interfere with. remove, or alter t~ny

l)wt of the property of the

Trust or of the works connect& therewith;

(2) Place any stones, dirt, wood, I-efusc., or of her n~ate~.ial

on: ~ n y

part of a tramwa!;

(3) Do or canse to be clonc an~t l i ing

in such mannx as to

obstruct any carriage using a tramway, or endanger the

lives of pc~sons

tllercin or thewon; or

(4) Obstruct, hintlcr, or interfere with the esci.cise 3f any power
hereby conferred; or
( 5 ) T<nowingly aid or assist in doing any such thing.
Penalty, One Hundred Pounds; or imprisonment fbr a term of five years.

95. No person. shall-	Penalties for offences
relating to fares.

( l ) While travelling, or :~fter

having travelled in ally carriage

Cf. ib. 30.

belonging to the Trust, avoid or attempt to avoid pay-

men t of

his fare; or

(2) Having paid his fare for a certain distance, knowingly and \dful ly proceed in any such carriage beyond such distance,

and neglect to pay tlie additional fitre for the additional
distance, or attempt to avoid payment thereof; or
(3) Knowingly and wilfully refuse or neglect, on arriving at the

point to which he has paid his fare, to quit such carriage;

(4) Deface ally notice placed by the 'l'rust on any part of a tram- way or of any carriage belonging to the Trust; or
( 5 ) Obstruct any person employed on a tramway or any such car- riage in the performance of his duty; or
(6) Behave in a violent or offensive manner to the annoyance of others on a tmmway or any such carriage; or

(7)	Refuse to leave the platform or steps of m y such carriage when required to do so by the conductor.

Penalty, Two Pounds.

96, Any

E D W A R ~ I VII, No.

913.

p --p p

----

- - - -P-

The Municipal Tramways Trust Act.-1906.

PAET X.

96. Any officer or servant of the Trust, and all persons called

Power to summarily	by him to his assistance, may seize any person discovered either in
pmvent	or after committing or attempting to commit any offence mentioned

"	in any of the three last preceding sections, whose name or residence

cf.

of 1894,

N.z. 01. 40.

is linknown to such officer or sermnt, and may detain him until he can be convenienrly tiike11 before a justice, o i until he is lawfully discharged.

Penalty for taking	97. R'o person shall be entitled to carry or to require to be
dangerous goods in

trams.

carried on any carriage btllonging to the 'l'rust any goods which may

cf. it#. 41.

be of a dangerous or objectionable nature; and no person shall send

cf. G. T. A, 1884,

bp any tramway or any such carriage any such goods without dis-

sec. 63.

tinctly marking their nature on the outside of the package contain- ing the same, or otherwise giving notice in writing to the boolr- keeper or other servant with whdm the same are left a t the time of

such sending.

Penalty, One Hundred Pounds.

Trust may refuse

dangerous goods.

98. The 'l'rust may refuse to take any parcel suspected to con-

cf. R.Z. A O ~.

cl. 42. tail1 goods of a dangerorls 01- objectionable naturs, or may require

sec. 63.

cf. G.T.A., 1881,

the same to be opened.

Protectionof ~.ighfsof 99. No person shall, without the permission of the Govelxor

Trust to its exclusive

right of user of t h s

and the 'l'rust-

trtrmways.

cf. N.Z. A C ~,

~ 1. 4 3.

(1) Use n tramway, or any part thereof, with carriages having

cf. G.T.A. 1864, rec.	flange wheels or other wheels suitable only to run on thc
72.	rail of such tramway; or

(2) Use upon the rails of any trilrn~vay,

or any part of such rails,

any vehicle for the conveyance of passengers or goods for hire having the gauge of all its wheels or thc gauge of two of its wheels corresponding with or neariy corresponding with the gauge of such tramway, so as to bc suitable to run with one or more of its wheels a t

Penalty, Twenty Pounds.

each side simultaneonsly cn the rails of such tramvay.

Penalty in c

not

provided for.

100. (1) The Trust or any person by act or omission guilty of

any contravention of this Act, or any regulatioil made by the Governor under this Act, for which no other ~ e n a l t y is provided, shall be liable to a penalty of not more than Fifty I'ounds,
Attempted offencee.
(2) Any attempt to commit an offence against this Act or any such reguiation shall be an offpncc against this Act or such regula- tion, punishable as if the offence had been comtnitted.
Aiders and abettors.
(3) Whoever aids, abets, counsels, or procures, or by act or omis- sion is directly or indirectly conceriled in the commission of any offence against this Act, or any such regulation, shall be deemed to have committed such offence, and shall be punishable accordingly.

PAR'.

6" EDWARDI VII, No. 913.
The Municippal Tramways Trust A&.-1906.

PART

XI.

ran^ X I.

LEGAL, PROCEIIU 1iE.

101, Copies of or extracts from any book certified under the Contentsof book8

may be proved hy

seal of the Trust to be tr~le

copies of or extracts from ;my book, eertifi~copiel.

ehall be received as sufficiellt evidence in all Courts and before all cf. M.c.A., lsw,

Justices and tribunals of the contents of suck book, or of so much	325.
thereof as any such extracts shall contain.

102. Nothing in this Act contained s l d l prevent proof being saving of rules of

evidence.

given of the tenure of any office by evidence of acting in such office, Cf. 316.
or prevent any notice polporting to be a notice given by the Trust
and published or posted as by this -4ct directed, or a copy thereof

being given in evidence in any l~roceeding against the Tmst or any
officer or servant thereof; or s l d l negatlve any statutory or other

~ d e

of law as to evidence or presumption therefrom.

103. No writ of quo zcnwatr to, or information in the nature of a Writ of quo tcarranto

QUO tuwranto, or other proceeding shall issue or be filed or had or abolished.

taken in the Supreme Court to try or question the title of the Cf. 329.

'I'rust, or the title of any person to act as a member or in anv office

or place in or in the gift of the Trust.

104. No rnclndamtts shall issue from the Supreme Court to admit Mandamuaabolished.
or restore to office any member, officer, or servant of the Trust, or to Cf. 330.
compel the 'l'rust, or ;my Corporation, or Council to proceed to the
election or appoiutment of anv mem her, officer, or other person to
any office or place in or in th;? gift of the 'I'mst, or to compel any

Corporation, Co~incil,

or person to proceed to any ballot, or to con~pel

the production or delivery of any books, voting-papers, or other documents or papers, to the production or possession whereof the Trust, or any Corporation, Council, or person may be entitled under this Act.

105, No loan, or any proceedings in relation thereto, shall be Certiorari abolished.

removed by certiorn9.i or otherwise to the Supreme Court.

cf. 331.

106. The proceedings for trying the title of a member, officer, or Proceedingsfortrying
other person to his office or place, or trying the right of any person title to office.
to be admitted or restored to any such office or place, or to cdmyel his Cf. 332.
restoration or admission, or to compel the Trust, or any Corporation, or Council to proceed to any election or appointment, or to pass any resolution in respect of any election or appointn~ent, or to try the validity of any loan, or to compel the production or delivery of any books, voting papers, or other documents or papers to the production or possession whereof the 'l'rust, or any Corporation, Council, or person may be entitled under this Act, shall be had and taken before and determined by two Justices of the Peace in a summary way.

6" EDWARDI VII, No. 913.

- --p

T h Municipal Tramways Trust Act.-1

906.

- -

PART

xi.

- --

107. The infornlation for the purposes of the last preceding

Jurisdiction of

Justices.	section may be laid at the instance of the Trust, or of the Council
cf. M.c.A., 1890,	of any Corporation, or at the instance of any District Council,
sec. 333.	or by any ratepayer of the Mnnicipality of any Corporation, or of any Dist~ict, or 6y any person interested; and the Justices mav make an order declaring any person to be not entitled to the office dr place then possessed by him, and that such office or l h c e is vacant, or that the informant is entitled to the said office or place, or commanding the Trust, or any Corporation, or Council, to proceed to take the necrssaly steps for and hold any election, or to make any appoint- ment, or to compel any Corporation, Council, or person to proceed to any ballot, or to pass any resolution that may be necessary; or inay make an order quashing any loan which for any reason is invalid: or to compel the production or delivery of any books, voting papers, or documents by or to the Trust, or any Corporation or Council, or any officer thereof, or by or to any other person; but no order to admit or restore any person to any office or place shall be made whilst any other person is in possession of such office or place.
On non-compliance

with order Justices

108. On non-compliance with any order made by any Justices of

may inflict punish-

the Yeace under the provisions hereof on information laid a t the

ment.

instance of the Trust, or of any Council, or by itny ratepayer of the

Cf. ib. 235.

Municipality of any Corporation, or of any District, or by any person interested, any two Justices of the Peace may order any sum of money to be paid by or to the Trust, or any Corporation, or any Council, ratepayer, or person, as compensation for any injury sustained by reason of the non-compliance with such order, and may order any such person to be imprisoned, either for a specified time not esceeding six calendar months, or until the order aforesaid is obeyed, and such imprisonment may be ordered in addition to or without any order for payment of money as aforesaid; and on non-compliance with any order commanding anything to be done by the 'l'rust, or by any Cor- poration or Council, any two Justices of the Peace may olader the payment of any sum of money by or the imprisonment of any person

who would, before the passing of this Act, have been liable to

attachment or subject to process of contempt for disobedience to

any peremptory writ of mnndamts issued out of the Supreme Court commanding the Trust, or Corporation, or Council to do the act directed by such order.

Emitation of time

109. (1) No proceedings to try the title of any person to any

within which pro-

office or place in, or in the gift of, the Trust shall be taken, except

ceeding~ may

taken,

upon an information laid within three months from the time at

Cf.

ib. 336.

which the person whose title is disputed was appointed or elected, or the cause arose by reason whereof such person shall be liable to be ousted, whichever shall last happen.

(2) No proceedings to try the validity of any loan shall be taken,

except upon an information laid within three months from the

time when the loan was authorised.

6" EDWARDI VII, No. 913.
The Municipal Tramways Trust Ad.-1906.

110. (1) If any person desires to dispute the validity of any by-law made, or purporting to be made, under this Act, such person Facilitie* for testing

P*ET XL -

may apply to the Supreme Court, upon an affidavit setting out the by-laws.

Cf. M C.A., 1890,

facts, for a rule calling upon the Trust to show cause why such ,c. 337.
by-law should not be quashed for illegitlity, and the Court may
make such rule absolute or discharge it, with or without costs, as to
the Court shall seem fit.
(2) No such rule to show cause shall be drawn up until such

person shall have paid into the Supreme Court the sum of Fifteen

Pounds as security for the cost of the proceedings.

111. Any notice, summons, writ, or legal process whatsoever, Service of notices,

orders, &c.

civil or criminal, may be served upon the Trust, or any Corporation cr.	ib, 340,
or Council, by leaving the same at the principal office of the Trust, Corporation, or Council with some officer or servant of the Trust, Corporation,'or Council.

112. (1) Every notice by this Act required to be given by or to the service of notices.
Trust shall be in writing, and signed by some duly authorised c f. G.T.A., 1884,
person; and such notice shall be deemed to have been duly given if W. 74.

left at the office or principal office of

the Trust, authority, or person Cf. 741 of 1900.

to whom the same shall be intended to be given, or the last known place of abode in South Australia of such person, or if posted in a registered letter. prepaid, addressed to the Trust, authority, or person, at its or his office or principal office, or at the last known place of abode in South Australia of such person.
(2) If such notice shall be so posted, it shall be deemed to Timeof ssnice.

have been given at the last moment of

the day on which the same Cf. G.T.A.,

1884,

ought to be delivered at such office, or principal office, or such place sec. 74.
of abode, in the ordinary course of post.
113. Whenever it shall be necessary, on the hearing of any Proof of service.

information for any offence against the provisions of this Act or Cf. M.C.A., 1890,

against any by-law or regulation thereunder, to prove service of any sec. 341.

notice, an affidavit of the service of such notice, sworn before a Justice of the Peace or Commissioner for taking affidavits in the Supreme Court, shall be sufficient proof of such service.
114. Every order, summons, notice, or other such document Authentication of
requiring to be authenticated by the rust, or by any Corporation ~ ~ ~ ' m m t s
or Council, may, except when otherwise provided, be sufficiently Cf. ib. 342.
authenticated without the common seal of the Trust, Corporation,
or Council if signed by a member of the Trust, or by two Councillors,
or by the Town Clerk, or District Clerk.
115. In the event of any person against whom the Trust has any Representation of
claim or demand being adjudicated insolvent, or making a statutory F;",&y

officer or servant appointed by the Trust in that behalf under its Cf. ib. 343.

assignment for the benefit of or composition with his creditors, any

E-913

common

6" EDWARDI VII, No. 913.
The Municipal Tramways Trwt Act.-1906.

PABT	common seal may represent the Trust in all proceedings relating to the insolvency, assignment, or composition, 's if such claim or demand had been thi claim or demand of such officer or servant.

Representation of

Trust before Justices

116. In all proceedings before Justices or any Local Court, any

and in Local Court.	officer or servant of the Trust appointed in that behalf by the Trust
Cf. M.C.A., 1890,	under its common seal may represent the Trust in all respects as
sec. 344.	though such officer or servant had been the party concerned.
Reimbursement of
officer.	117, Such officer or servant shall be reimbursed by the Trust for all damages, costs, and expenses to which he may be put, or with
Cf. ib. 346.	which he may become chargeable, by reason of anything contained in either of the last two preceding sections,
Powers of entry by
ofBcem of Truet .	118. The Trust shall, for the purposes of this Act, have power by its members, officers, servants, or agents, to enter at all reasonable
Cf. ib. 364.	hours in the daytime into and upon any building or land within the radius of ten miles from the General Post Office for the purpose of exe- cuting any work, or making any inspection, authorised to be executed or made by the Trust under this Act, without being liable to any legal proceedings on account thereof: Provided that, except as herein otherwise provided, the Trust shall not make any such entry upon occupied premises, unless with the consent of the occupier, until after the expiration of twenty-four hours' notice for that purpose given to the occupier.
Members not to be

personally liable for

119, No member shall be subject to be sued or prosecuted by

the contracte of

any person whomsoever, and the body, goods, or lands of a member

the Trust.

shall not be liable to any execution of any legal process by reason

Cf. ib. 360.

of any contractual or other instrument entered into by the Trust, or by reason of any other lawful act done by the Trust, in the execu- tion of any of its powers; and every member, his heirs, executors, and administrators shall be indemnified by the Trust for all pay- ments made or liabilities incurred in respect of any acts done by

him, and of all losses, costs, and damages which he may incur in the execution in good faith of the powers granted to him by this or any

other Act.

be alleged as thepro-

Property stolen may

120. In any information to be preferred by the Trust or by the

perty of the Trust.	Attorney-General against any person who shall steal or wilfully in-
Cf. ib. 361.	jure, and in any criminal proceedings to be instituted in relation to any property belonging to or under the management of the Trust, it shall be sufficient to state generally the property or thing in respect of which such information shall be preferred or proceedings insti- tuted to be the property of the Trust, and for the purposes of such information or proceedings such property shall be deemed to be the property of the Trust.
Proceedings, when to	121. (1) All actions against anv member, auditor, officer, or ser- pursuance of this Act shall becommenced within six months after the happening of the cause of action. (2) The
be commenced.	vant of the Trust for anything done or omitted to be done in
Cf. ib. 362.,

6'	EDWARDI VII, No. 913.

The Municipal Tramways Trust Act.-1906.

(2) The defendant may plead the general issue and give this Act and the special matter in evidence at the trial.	PART	XI.
(3) The plaintiff shall not recover in such action if tender of sufficient amends shall have been made before action brought, or if, after action brought, the defendant shall pay into Court sufficient amends; but, in such last-mentioned case, the plaintiff shall recover his costs of suit up to the time of payment into Court.

122. (1) Every proceeding under this Act for any omission, Proceedings to be

default, offence, or act to which any penalty is attached, or to ~ f n ~ ~ d ~ ~ ~ ~ i n a n c e	recover any money where no other mode of proceeding is by this
Act provided, may be had and taken before and be heard and determined in a summary way by two Justices of the Peace, under the provisions of Ordinance No. 6 of 1850, or of any ,4ct now in force or-hereafter to be in force relating to the duties of Justices of the Peace with respect to summary convictions and orders, and all convictions and orders made by such Justices may be enforced as in the said Ordinance or in any other Act is or shall be provided.
(2) No Justices shall imprison any person for more than six months.

123. All tolls and charges under this Act, or under any by- Fares may be
summarily.

law made in pursuance thereof, may be recovered and enforced

Cf. G.T.A., 1884,

summarily on information or complaint before two Justices of the	,,.
Peace.

124. (1

) In every case of the adjudication of a fine or pecuniary Justice may dommit

penalty, or amends, under this Act, and of the non-payment thereof, of ,a,m,,.	to gaol in default
any Justice of the Peace may comnlit the offender or person making

defiult in payment to any gaol in the said State for any time not cf. N. C. ~. ,	1890,
exceeding six months; the imprisonment to cease on payment of the sum due and the costs of such proceedings as may have been taken for the recovery thereof.

(2) This section shall not affect any remedy under the Ordinance

No. 6 of 1850, or the Act No. 298 of 1883-4.

125. There shall be an appeal from any order, conviction, or order Appeal to L O C ~ ~

court.

dismissing an information or complaint, or from any other decision of
any Justices, to the Local Court of Adelaide of Full Jurisdiction.
126. Such appeal shall be regulated by Ordinance No. 6 of Proeedureonlrppeal.
1850 and The Justices Procedure Amendment Act, 1833-4.
127. Such Local Court may make any order as to costs as it Costsof appeal.
shall think fit.
128, Such Local Court may state a special case for the opinion Specialcase.
of the Supreme Court.
129. (1) The

6" EDWARDI VII, No. 913.

The Municipal Tramways Trust Act.-1906.

PAXT XI.

129. (1) The Supreme Court shall deal with such special case

Procedure on special	according to the practice of	t h e Supreme Court on special cases,
case.

and may make any order as to the costs of the proceedings in that
Court, and in the Courts below, as shall appear just.
(2) ?'.he Supreme Court shall hear and determine the questions of law arismg on such special case, and shall thereupon reverse, affirm, or amend the decision or order in respect of which the case has been stated, or remit the matter to the Local Court with the opinion of the Supreme Court thereon, or may make such other order in relation to the matter, and may make such other order as to costs, as to the Supreme Court may seem fit.
(3) The Supreme Court shall have power, if it think fit, to cause the special case to be sent back for amendment, and the same shall be amended accordingly, or the Supreme Court may itself amend the same, and judgment shall be delivered after the case shall have been amended.

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

this Bill.
GEORGE K. LE HUNTE, Governor.

SCHEDULES

6" EDWARDI VII, No. 913.

Thc Municipal Tramways Trwt Act.-1906.

SCHEDULES.
THE FIRST SCHEDULE.

AN AUREEMENT made the twenty-second day of

June one thousand mne hundred

and six between ADELAIDE AND SUBURBAN TRAMWAY COMPANY LIMITED a com- pany having its registered office situate a t King William Street Adelaide of the first part THE ADELAIDE UNLEY AND MITCHAM TRAMWAY COMPANY LIMITED a com- pany having its registered office situate at King William Street aforesaid of the second part THE ADELAIDE AND HYDE PARK TRAMWAY COMPANY LIMITED a company having its registered office situate a t Grenfell Street Adelaide aforesaid of the third part THE PARKBIDE TRAMWAY COMPANY LIMITED a company having its registered office situate a t Currie Street Adelaide aforesaid of the fourth part HINDMARSH AND HENLEY BEACH TRAMWAY COMPANY LIMITED a company having

its registered office situate a t King William Street aforesaid of

the fifth part CHARLES

WILLCOX of Adelaide aforesaid tramway proprietor of the sixth part (all of which companies and person are with their respective successors assigns executors and administrators hereinafter included in the designation " the vendors ") and HIS MAJESTY'S GOVERNMENT OF THE STATE OF SOUTH AUSTRALIA hereinafter with its

assigns described as " the purchaser " of the seventh part	WITNESSETH	that the
said parties hereto agree as follows :-

l. The vendors according to and to the extent only of their interest in the pre-
mises respectively shall sell and the Government shall purchase for the sum of two hundred and eighty thousand pounds the tramways and undertakings the property of each vendor authorised by the several Acts of Parliament mentioned in the First Schedule to " The Tramways Electric Traction Act 1904 " and the " movable plant " (as such expression is defined in section 3 of the last mentioned Act) appertaining to such tramways and undertakings respectively Provided that the following property or assets of and belonging to or which a t the date of completion of the purchase may belong to the above-named companies respectively (hereinafter termed the " reserved assets ") shall not be deemed to form part of such tramways and undertakings or " movable plant " and shall not pass under or be affected by such sale and purchase namely :-

( l ) Uncalled capital

(2) Cash in hand or a t bankers on current account or on deposit
(3) Debts due to the companies respectively (including income tax) in suspense
or refund claimed by the companies or any of them in respect thereof
(4) Government stock Treasury bills State Bank bonds Government and other deposits and any other invested funds whether in respect of replacement or depreciation accounts or otherwise
(5) Fodder in stock and current fodder contracts
full particulars of which reserved assets so far as the same now exist are set out in the First Schedule hereto ' And provided also that the land included in the Good- wood Tramway and undertaking shall be limited to that comprised in certificate of title volume 745 folio 120 comprising one and a half acres or thereabouts.

2. The purchase-money

may be paid to ALFRED MULLER SIMPBON, WILLIAM

HI ER LAW,

ALFRED FRANCIS

WEAVER, WILLIAM

HAMILTON,

GEORQE ALBERT

WYLD, CHARLEB WILLCOX, and JAMES JOHN BODLEY or to any three of them and their receipt or the receipt of any three of them shall be a sufficient discharge to the purchaser in respect of the payment of the purchase-money. In addition to the said purchase-money the purchaser shall pay all the costa (as between solicitor
and
EDWAKDI VII, No.
The Muaicipd Tramways Trust Act.-1906.
and client) and charges incurred by the vendors and each of them of and incidentd eo all references and arbitrations initiated or pending under " The Tramways Elec- tric Traction Act 1904 " or any other Act relating to tramways including all costs under or in connection with the said Act or Acts in relation to any such reference or arbitration.
3. The purchase shall be completed a t the Bank of Adelaide King William Street Adelaide forthwith after the ratification referred to in paragraphs 8 and 9 hereof shall have been obtained and when the said purchase-money and costs and charges shall be paid and upon completion the purchaser shall be put into possession of the property purchased and each of the vendors shall a t the time of payment of the said purchase-money execute and do all such conveyances transfers assignments and things as may be reasonably required by the purchaser for vesting the property purchased from such vendors in the purchaser and giving the purchaser the full benefit of this agreement and thereupon a11 the rights powers and authorities of the vendors in respect of the property purchased shall subject to the provisions hereof be vested in and may be exercised by and shall attach to the purchaser. And the purchaser shall agree to indemnify the vendors and each of them. against all future claims or 1iabilities.in respect of the obligations of the vendors or any of them in respect of the property purchased Excepting however all claims and liabilities arising by reason of any act or omission of the vendors or any of them which shall have been done or have happened prior to the completion of the purchase.

4. Each of the vendors shall until the completion of the purchase work the re- spective tramways and undertakings in the same manner as heretofore so as to maintain the same as a going concern and the respective profits if any of the carrying on of such business shall belong to such vendor.
5. Each vendor will maintain and keep up the said " movable plant " belonging to him so that a t the date of the completion of the purchase the same shall be in the like condition as a t the date hereof reasonable wear and tear excepted. Each of the vendors shall be a t liberty to purchase additional " movable plant" as de- fined as aforesaid so far only as shall be reasonably required for the purposes of the undertaking belonging to such vendor and may make any such additions to the other property comprised in this Agreement as may be necessary for the purpose of ac- commodating such additional " movable plant " and the purchaser shall in addition to the said purchase-money pay to such vendor the costs and expenses reasonably incurred in acquiring and making such additional " movable plant " and additions. And in case of any diminution in the said " movable plant " or any such additions thereto a t the time of completion the vendors shall allow or pay to the purchaser the fair value of the items or articles of " movable plant " in respect of which such diminution has occurred. In the event of any dispute arising as to such costs and expenses or fair value or diminution as aforesaid the same shall be determined by two arbitrators one to be appointed by each party in difference or by an umpire

be deemed a submission within the meaning of " The Arbitration Act 1891."

appointed by the arbitrators before entering on the arbitration and this clause shall

6. The said sale and purchase is free from encumbrances.

All rates taxes and

other periodical payments and outgoings already paid by the vendors or for which they may be liable are to be apportioned between vendors and purchaser as a t date of completion of purchase.
7. Each of the vendors agrees to allow all reasonable facilities and render all reasonable assistance to such person or persons as may be appointed by the pur- chaser to take a complete inventory and examine the present state of the property of such vendor hereby purchased provided that neither such inventory nor ex- amination shall in any way prejudice the vendors.
S. Each of the vendors (except the said Charles Willcox) shall use all reasonable egdeavors to obtain the ratification of this agreement by the members of such company and such ratification shall be deemed to have been duly obtained if a resolution approving of such agreement be duly passed by the company according to the company's articles of association a t any duly convened general meeting of such company and a minute of such resolution duly made entered and signed in accordance with the company's articles of association shall be accepted as evidence of such resolution and ratification. Immediately on such ratification being ob- tained the fa& shall be notified by the solicitor of each such vendor to the pur- chasm
3 The
6" EDWAKDI VII, No. 913.
The Municipal Tramways Trust Ad.-1906.

. p

9. The purchaser shall use all reasonable endeavors to obtaln the ratification of this agreement by the Parliament of South Australia during the ensuing session of such Parliament and on such ratification shall notify the same to the vendors.
10. This agreement is conditional on the said respective ratifications being ob- tained as provided by clauses 8 and 9 hereof and if such several ratifications be not obtained by the thirty-first day of December one thousand nine hundred and six any of the parties hereto may bp notice in writing to the others rescind this agree- ment and the same shall (subject to clause 13 hereof) thereupon become and be null and void Provided always that in such event neither these presents nor anything therein contained or referred to nor the negotiations for the sale and purchase hereinbefore referred to nor any delay pending such negotiation or pending en. deavors to obtain any such ratification as aforesaid shall be used to the prejudice or detriment of the vendors or either of them or of the purchaser in any pending subsequent or other proceedings litigation or arbitration in connection with any purchase or acquisition compulsory or otherwise of the said tramways and under- takings And the assurance on behalf of the Adelaide Unley and Mitcham Tram- way Company Limited and the Hindmarsh and Henley Beach Tramway Company Limited contained in a letter dated the fifth day of March one thousand nine hun- dred and six from Messrs. Symon Rounsevell & Cleland and Messrs. Fisher & Cul- ross to the Honorable the Premier of South Australia is to remain in force.
11. No vendor shall be liable for any other vendor in the event of any breach

default or refusal to complete or otherwise by a vendor after the ratifications re-

ferred to in paragraphs 8 and 9 have been obtained.

12. As regards the said Charles Willcox the property hereby agreed by him to be sold is mentioned in the Second Schedule hereto.
13. If after this agreement has been ratified by the shareholders as provided in clause 8 the Parliament shall not ratify same then the purchaser shall pay the costs (not exceeding one hundred pounds) of vendors' solicitors Messrs. Fisher & Cul- ross of and incidental to these presents including the ratification by the said share- holders.
In witness whereoi the said parties hereto have executed these presents the day and year first hereinbefore written.

FIRST

SCHEDULE

HEREINBEFORE REFERRED TO.

I. Adelaide and Suburban Tramway Company Limited.
A. Cash in hand or a t banker's in current account or on deposit
B. Debts due to the company (including income tax in suspense or refund claimed
by the company in respect thereof)
C. Government stock Treasury bills Government deposits and any other invested
funds whether in respect of replacement or depreciation accounts or other-
wise

D. Fodder in stock and current fodder contracts.

I I. Adelaide

U d e y and Mitcham Tramway Company Limated

A. Uncalled capital.
B. Cash in hand or a t banker's in current account or on deposit
C. Debts due to company (including income tax in suspense or refund claimed by
the company in respect thereof)
r). Government stock, Treasury bills, Government deposits and any other invested
funds whether in respect of replacement or depreciation accounts or other.
wise
E. Fodder in stock and current fodder contracts.
I I I. The Addaide and Hyde Park Tramway Company Limited.
A. Uncalled capital
B. Cash in hand or a t banker's in current account or on deposit

C.	Debts due to the company (including income tax in suspense or refund claimed

by the company in respect thereof)
D. Government stock State Bank bond Government and other deposits and any other invested funds whether in respect of replacement or depreciation accounts or otherwise
R. Fodder in stock and current fodder contracts.
IV. The
6" EDWARDI VII, No. 913.

-	The Municipal Tramzuays Trust Ad.-1906.

I V. The Parkside Tramway Company Limited.
A. Uncalled capital
B. Cash in hand or a t banker's in current account or on deposit

C.	Debts due to the company (including income tax in suspense or refund claimed by the company in respect thereof)

D. Government stock Treasury bills Government deposits and any other invested funds whether in respect of replacement or depreciation accounts or other- wise
E. Fodder in stock and current fodder contracts.
V. Hi&mar.ch and Henley Beach Tramway Ccmpany Limited.
A. Cash in hand or a t banker's in current account or on deposit
B. Debta due to the company
C. Government stock Treasury bills Government deposits and any other invested

funds whether in respect of replacement or depreciation accounts or other-

wise

D. Fodder in stock and current fodder contracts.

SECOND

SCHEDULE

HEREINBEFORE REFERRED TO.

The Payneham and Paradise Tramway and Undertaking.

Land a t Payneham, with stables, &C., thereon;

land at Paradise, with stables, &C.,

thereon; 9 cars, 2 drays and harness, water-cart and harness, road roller and harness, 11 sets double harness for cars, 23 winkers, 35 collars, 56 horses, points, crossings, rails, wheels, tanks, trucks, wheelbarrows, brooms, picks, shovels, scales, and sundries.

The Goodwood Tramway and Undertakiv.

Land (about l&

acres), with tramsheds and outbuildings thereon; 36 horses, 6 cars

and harness for same; sundry tools.
The common seal of Adelaide and Subur- 1
ban Tramway Company, Limited, I ALFRED M. SIMPSON,
was hereunto affixed (pursuant to a ) G. DUTTON GREEN,

resolution of the board, dated 22nd I

(L.s.)

June, 1906) in the presence of

Countersigned-JAMES J. BODLEY, Secretar?

The common seal of

the Adelaide, Unley, )

and Mitcham Tramway Company, [

Limited, was hereunto affixed (pur- ' WM. SHIERLAW,

suant to a resolution of the board. 1CHAS. MALLEN,	I
,

dated 28th June, 1906) in the pre- I

(L.s.)

~ence

Countersigned-JAMES J. BODLEY, Secretary.
The common seal of the Adelaide and 7
Hyde Park Tramway Company,
Limited, was hereunto aExed (pur- A. FRANCIS WEAVER, 1 ,,irrctom
auant to a resolution of the board, I LEWIS KELL,

dated 29th June, 1906) in the pre- I

(L.s.)

jenoe of

Countersigned-GEORGE T. LANE, Secretary.
The common seal of the Parkside Tram- 1
way Company, Limited, was here- I W. HAMILTON

unto n&ed (pursuant to a resolu- H. C. H. DENTON,

) Directors.

tion of the board, dated 26th June,

(L.s.)

1906) in the preaence of

Countersigned-ARTHUR P. DIXON, Secretary.
The

EDWARDI

No.

The Mun&pd Tramways Trust Act.-1906.
The common seal of Hindmarsh and

Henley Beach Tramway Company, GEO. A. WYLD,

L)i~sctors.

Limited, was hereunto aCxed (pursu-

CAM. R. HOCKING, ]

ant to a resolution of the board, dated

(L.s.)

27th June, 1906) in the presence of

Countersigned-JAMES J. BODLEY, Secretary,
Signed by the said Charles Willcox in the

presence of

I CHARLES WILLCOX.

WILLIAM CULROSS,

Solr., Adelaide.

Signed on behalf of His Majesty's Govern- 1 ment of the State of South Australia I by the Honorable Thomas Price, the

THOMAS PRICE.

Premier of South Australia, in the	1
presence of	J

H. A. PARSONS,

Solicitor, Adelaide.

THE SECOND SCHEDULE.
Adelaide and Suburban Tramways Act, 1876.
The Adelaide, Unley, and Mitcham Tramways Act, 1877.
ldelaide and Hindmarsh Tramways Act, 1877
Adelaide and Hindmarsh Tramways Extension Act, 1881.
The Adelaide and Parkside South Tramway Act, 1881.
Adelaide and Goodwood Tramway Act, 1881.
Adelaide and Suburban Tramways Extension Act, 1881.
The Adelaide and Hyde Park Tramways Act, 1882.
Adelaide and Suburban Tramways Extension Act, 1882.
Prospect, Nailsworth, and Enfield Tramway Act, 1882.
The Adelaide, Payneham, and Paradise Tramways Act, 1882.
Adelaide and Parkside Tramway Extension Act, 1883.
The Adelaide, Unley, and Mitcham Tramways Act, 1877, Amendment and
Tramways Enlargement Act, 1891.
The Adelaide and Parkside Tramway Enlargement Act, 1896.
The Adelaide, Payneham, and Paradise Tramways Act, 1882, Amendment.
and Tramways Extension Act, 1889
THE THIRD SCHEDULE.

Adelaide and Suburban Tramway Company Limited.

The Adelaide, Unley, and Mitcham Tramway Company, Limited,
The Adelaide and Hyde Park Tramway Company, Limited.
The Parkside Tramway Company, Limited.
Hindmarsh and Henley Beach Tramway Company, Limited
Charles Willcox.
THE FOURTH SCHEDULE.
Form of Debenture.
No.

SOUTH

AUSTRALIA.-THE

MUNICIPAL

TRAMWAYS

TRUST.

THE MUNICIPAL

TRAMWAYS

TRUST,

in consideration of the sum of

p i d to it by the Honorable the Treasurer of the State of South Australia, pursuant to The Municipal Tramways Trust Act, 1906, on account of the cost of construc- tion as defined in the said Act, hereby binds itself to pay to the Honorable the Treasurer of the said State the said sum of, with interest, in manner
provided
F-918
.6" EDWARDI VII, No. 913.
The Municipal Tramways Trwt Act.-1906.
provided in the said Act, after the I ate of per centum per annum, such interest to be payable on the thirty-first day of January and the thirty-first day of
July in every year until all the capital moneys hereby secured are repaid.

GIVEN under the common seal of the Municipal Tramways Trust the

day of

, one thousand nine hundred and

The common seal of

THE MUNICIPAL TRAMWAYS

T s u s ~ was hereto affixed	in	the	presence
of

Payable at the Treasury of the State of' South Australia.
COUPONS FOR INTEREST.

Coupon fr I d m e s l.

Couami f o ~

I*.

terest.

Cotbpon for

h t e l. e s t.

Debenture No.

t 1)ebmture No.

i Debenture No.

Principal eum, 6:

i Principal sum, f:

: Principal sum, ;E

Six months' interest due to

i Six months' interest due to

,. Six months' interest due to

, .

Amount of interest payable, E

. Amount of interest p ,sable, E

. Amount of interest payable, ;E

Adelaide :

By authority, C. E. Bars~ow, Government Printer, North Terrace.