The South Australian Railways Commissioners Act 1887 (SA)

ANNO QUINQUAGESIMO ET QUINQUAGESIMO
PRIM0
VICTORIiE REGINB.
A.D. 1887.
No. 414.
An Act to make better provision for the Construction, Maintenance, and Management of Government Railways, and for other purposes.

[ A

sse~ted

to, Decernder 9th, 1887.1

E it Enacted by the Governor of the Province of South Aus-

and House of Assembly of the said province, in this present Parlia-	B tralia, with the advicc and consent of the Legislative Council
ment assembled, as foliows:

1. This Act may be cited as

The South Australian Railways short title.

ployment under the Commissioners:

The

Commissioners Act, 1887," and shall come into operation on a day
to be fixed by the Governor by a Proclamatioil in the Gouemmcnt Gazette, except as to the provision for thc appointment of Commis-
sioners, which shall take effect on the passing of this Act.
2. I n the construction of this Act, and of all regulations and by- Interpretation.
laws to be made thereuncler-

The word

Minister " shall mean the Commissioner of Public

Works for the time being:

The word

Commissioners " shall mean the Commissioners in-

corporated by this Act:

The word

railways " shall mean the railways vested by this Act

in the Commissioners:

The words "said service," or

Railway Service " shall mean em-

50" & 51" VICTORIK, No. 414.

.- -P

The 80uth Australian Railways Commissioners Act.-1887.

The words " additional person " shall mean a person not already

in a permanent office under the Railway Service:

The words "special Act" shall mean any Act at present or which may hereafter be in force authorising the construction of a railway:

The words "prescribe" and

determine" shall mean prescribe

and determine by regulations under this Act:

The word '' vessel7' shall include ship, boat, barge, lighter, and craft of every kind, and whether steam or other vessel:

All officers or servants under the control of the Commissioners hereinafter designated

officers and employBs " shall be

deemed to be officers and servants of the Commissioners:

Wherever the word

permanent" is used in reference to any

office or employment under the Commissioners, the same shall moan such offices or ernploynrents as are rcmuneratcd by annual sahries fixed and determined under the regula- tions under this Act.

Division of Act.

The subject-matter of this Act shall bc divided into the follow-

ing parts :-

PART 11.-Incorporation

of Acts:

PART 111.The Minister:

PART rv.-Appointment

and Meeting of

Commissioners:

PART v,-Appointment

of Officers:

Y	ART VI.-Regulations:

PART vrr.-Vcsting

of Property, Rights, and Liabilities:

PART	VIII.-By-laws:

PART IX .-Management

PART X

I.-Accidents:

PART XTI.-Penal

ties and Procedure:

PART	xrxx.-Evidence.

PART I.
REPEAL.

64Civil

Service Act,

The '

Civil Service Act, 1874," and the " Civil Service

1874," not to apply
i c e Amcndmcnt Act, 1881," exccpt as to any matter or thing lawfully

done under the said Acts, or either of them, previously to the

coming into operation of this Act, shall not apply to the Railway

Service.

PART

50" & 51" VICTORIE, No. 414.

The South Australian Ruilruays Comtraissioners Act-1887.
-

PART 11.

PART

Ir.

INCORPORATION OF ACTS.

The Lands Clauses Consolidation L 4 ~ t,

and an Act, No. 26 of Incorporation of

Lands Clauses Gon-

1 %55-6, to amend the Lands Clauses Consolidation

; the Itail- solidation act, and

ways Clauses Consolidation Act, and an Act, No. 6 of 1858 Xailway~

' Conmldrtion, Act,

to amcnd the

'. ltailwnys

C ~ ~ U S C S

Consoliclation Act," a i d

the and Kailwage Clauses

Railways Clauses Act, 1876, and all duts passed or hereafter	lsf6-
to be passed, amendiiiq the same, are hereby, so far as the same
are severally applicable to ancl consistent with the provisions of this Act, incorporated and shall be read with this Act. In the constructiou of the '' Railways Clauses Act, 1876," the words '"he

Commissioner of Railways" shall be rend as and mean	the Com-
missioners."

PART

111.

PART

ILL

6, All reports and accounts which are hy t,his Act required to TheMinistorto
be laid before Parliament shall be furnished by the Co~nmissioners re"ive
to the Minister.

PART

IV.

PART

IV.

APPOlNTMENT AND MEETINGS OF COMRIISSIONERS.

There shall he three CO mmissioners appointed for carrying this Act into execution, and such Commissioners slrall be a body corporate a body corporate.	Conlmissioners to bo
by the name ofGThe South Amstralian Kttilway Commissioners," and
by that name shall have perpetual succession, and a cornrxxun seal, and be capable in law of suiilg and being sued, and shall have power to take, purchase, sell, lease, and hold lands, tenements, and hcre- ditaments, goods, chattels, and other property, for any of the pur-

7,

poses of this Act, subject to the restrictions herein contained.

8,	.l11 Courts, Judges, and persons acting judicially, shall take Seal of Commissioners

judicial notice of the common seal of the Cornmissioncrs affixed to notil:od.

to be jndiciously

any deed, and shall prcsume that such seal was propi:":y affixed

thereto.

Q, Any two of the Commissioners shall form a quorum, and Q u o r ~

of Corn-

miseiunsrs.
shall have and may esercise :tll the powers m d authorities which by this Act, or by any Act to be hereafter in force, are, or shall be, vested in the Commissioners.
10, No proceeding of the Commissioners shall be invalidated or Vacanoynot to
illegal in consequence only of there being any vacancy in the invalidate.

number of Comrnissioi~ers

at the time of such proceeding.

Council, and shall hold office, during good behaviour, for the term missioners.

11. The Commissioners shall be appointed by the G overnor i n bpointmont of Corn-

of

The Sbuth Australian Bailways Commissioners Act.--1887.

PART

IV* of seven years from the date of appointment, save as hereinafter provided, and shall not be removable therefrom during such term unless an address praying for such removal be presented to the Governor from both Houses of the Legislature in one session, or from one House in each of two consecutive sessions: Provided that it shall be lawful for the Governor in Council to suspend any Commissioner from his office for inability or misbehaviour, and when and so often as the same shall happen a full statement of the cause of such suspension shall be laid before both Houses of Parliament if then sitting, or if they be not then sitting, within seven days after the comniencement of the next session; and if an address shall not within one calendar month afterwards during that session be presented to the Governor by the Legislative Council or House of Assembly, praying for the removal of such Commissioner from his office, such Commissioner shall be restored thereto; but if such address shall be so presented, the Governor iu Council may remove such Commissioner from his office, which thereupon shall become vacant: Provided also that any Commissioner ceasing to hold office by effluxion of time shall be eligible for re-appoin tment.

0Bce of Commis-

sioner, how vacated.

12, If acy Commissioner shall wilfully absent himself from

his duty for a period of fourteen consecutive days, except on
leave granted by the Governor in Council, which the Governor in Council is hereby authorised to grant, or shall die, or resign, or become insolvent, or aj~ply to take the benefit of any Act now or hereafter to be in force for the relief of insolvent debtors, or by deed or writing compound with his creditors, or make an assignment of his estate or effects or future salary for their benefit, or become in anywise, except as a Commis- sioner, concerned or interested in any bargain or contract made by or on behalf of the Commissionexs, or in anywise participate or claim to be entitled to participate in the profit thercof or in any benefit or emolument arising from the same, or become a member of the

Executive Council or of either House of Parliament, or occupy any office or engage in any employment other than in coimection with	the duties of his office of Commissioner, he shall, on proof thercof
to the satis~ction of the Governor in Cou~cil, be deemed to have forfeited his office as Commissioner, and the Governor in Council shall thereupon dcclare the same vacant.

Govemmb t h n ~ i l

to fill vacancy.

13, The Governor may from time to time appoint persons to fill

any vacancies that may occur in the office of Commissioner, and any appointment to such vacancy may be for a term of less than sewn years.

Appointment of

14. I n case of the illness, suspension, or absence from the pro-

DeputyCommissioner.

vince, of any Commissioner, it shall be lawful for the Governor in council to appoint some other person to act as the deputy of such Com- missioner during such illness, suspension, or absence; and every such person shall, during the time for which he acts as such deputy,

have

50" & 51" VICTORIW, No. 414.

The South Azcstralim Railzuclys Commissioners Act.-1887.

have all the powers and perform all the duties of such Corn	PART m.
missioner.

15, The Governor in Council may appoint one of the Commis- Appointment of

chairman.

sioners to be a chairman, and from time to time, as any vacancy occurs in the oftice of chairman, may appoint a person to fill such vacancy. If the chairman differ f'rum thc decision of the other two Commissioners with respect to any matter before thc Cornmissioners for their decision and determination, such matter shall be deferred for not less than twenty-four hours, when it shall he again brought forward, and in f i e event of the chairman again differing from the decision of the other two Commissioners, such matter of difference shall be determined according to the deliberate judgment of the chairman, irrespective of the decision of the other two Commissioners, and the chairman shall in a11 such cases enter upon the minutes of the proceedings of the Commissioners his reasons at length for deciding such matter in opposition to the other two Commissioners, and the other two Commissioners shall also enter on the said minutes their reasons for differing from the chairman, and the chairman shall forward to the Minister n true copy of such minute, certificd under his hand, for presentation to Parliament.
16. The chairman, or, in his absence, the Corrln~issiollcr who is presiding Commis-
with respect to the date of his appointment the senior, shall preside sioner.
at the meetings of the Conlmissionem. The Commissioner presiding
at a meeting of the Comrnissioiicrs shall, in the event of an equal
division of votes at such meeting, have a second or casting vote.
17. The Commissioners shall keep minutes of all the proceedings in Minutes to bo kept,
such manner and form as the Goccrnor in C'ouncil may from time to
time direct.
PART V.

APPOINTMENT OF OFFICERS.

and tenable during thc pleasure of, the Comrnissioner~. The Com- pomt officers.

18. All appointments to the Railway Service shall be made by, c?mmigsioner to .P-

missioners may appoint such and as many officers and employ& as they think fit, and from time to time dismiss them, and may in: crease or diminish the number of officers. The Corrimissioners shall
pay such salaries, wages, and allowances to the officers and employ&
as they may by regulations prescribe and as Parliament may appro- priate for the purpose. All appointments to permanent offices in
the Railway Service shall be made in manner hereinafter meutioned,
19. Every officer and employ4 in the Railway Department of the Eriating offican SIKI

for the purposes of this Act, to have been appointed by the Com- by Commimionsrs.	Civil Service at the t ime of the passing of this Act shall be deemed, ~ ~ ! ~ g $ n a ~ $ ~ ~
missioners without any further or other appointment. Every such officer and employk, or his legal personal representative, shall be

entitled

50" & 51* VICTORIAE, No. 414.

The Bouth Australian Railways Commissioners Act.--] 887.

PABT V*

entitled to the allowance provided for by section 4 of the Civil Service Amendment Act, l83l," under the conditions therein expressed, as if this Act had not been passed.

Commissioners to

take aecurity from

20. Before any person cntruded with the custody and control of

oficer~

entrusted with moneys, whethcr

collector or n t h ~ r

officer or servant of the Com-

-.

money.

missioners, enters upon his office, the Commissioners shall take sufficient security from him for the faithful execution of his office, and such security Inay be that of any incorporated company or guarantee society approved of by the Commissioners in such form as the Commissioners may by regulations from time 'to time direct.

Offioem to ao~ount.

21, Every officer appointed or employed by the Commissioners under or by virtue of this Act shall from time to time, when re- quired by the Commissioners, make out and deliver to them, or to any person appointed by them for that purpose, a true and faithful account in writing under his hand of all the moneys received by him on ,behalf of the Commissioners, and such account shall state how and to whom and for what purpose such moneys have been disposed of, and together with such account such officer shall delivcr the vouchers and receipts for such payments, and every such officer shall pay to the Commissioners, or to any person appointed by them to receive the same, all moneys which appear to be owing from him upon the balance of such account.

Commissioners to

22,

The Comn~issioners may appoint from time to time, from the officers of the department without extra salary, fit and proper persons to be examiners of candidates for ernplojrnent in each branch of the Railway Service, and may at any time accept thc resignation of or remove tiny such examiners.
appoint examiners.

23. The Commissioners, whenever they require to employ addi-

2X%2;2L.

tional persons in the permanent offices of the Railway Service: shall

cause the examiners to hold competitive exan~inrttions of the candi-

dates for employment in such subjects as the Commissionera may prescribe. The Commissioners shdl give public notice of the time and place of such examinations and of the branches for which candidates are required, and thc subjects for examination. 'I'he names of n l l competitors who shall at such examinations have satisfied the examiners as to their proficiency, shall forthwith be regktered by the Com~nissioners in a book to be kept for that purpose in the order of merit as determined by such examinations,

and all nppointlnents of additional persons, then ox witliiir one year

after the date of such registr:ation required for permanent officcs in the branch for which such examinations shall have becn held, shdl be made from the persons whose names are so registered, and in the order of such registration, the name registered first being first taken and the others afterwards in regular sequence.

~dditiund

pmna to

be appointed on

24, Each such appointment of an additional person to a per-

pmbatioa

manent office shall be made to the lowest class in the branch to

which

50'

& 51" VICTORIW, NO. 414.

The ~ o u t h -

Austm lian Railumjs Commissioners Act.-1

887.

which i t is made, and on probation only for s period of six months,	PABT v.
After the period of such probation, and upon production of a certifi- cate of fitiess from the officer. at thk head ;f thk branch in which the probationer may then be serving, and upon proof to the satisfaction of the Commissioners thnt all the provisions of this Act, so far as
they apply to such probationer, have been complied with, such
appointment may be confirmed by thc Clommissioners.

25. No probationer shall have his appointment confirmed until Appointee to effect

he shad1 have effected in some life insurance company, carrying on fife.	an insurance on his
business in Sonth Australia, and approved by the Commissioners, an insurance on his life providing for the payment of a sum of money at his death should i t occur before the age of retirement from the Railway Service, or if he survive until thnt age, of a sum of money or annuity on the date of such retirement. Such insur- ance shall be continued, and the amount thereof fixed and increased from time to time in accordance with regulations to be made by
the C~omrnissioners in that behalf; and no policy of insurance so
effected shall be, during the time such person remains in the Railway Service, assignable either at law or equity.

26. The Comrnissicners, if they think fit, may transfer officers Transfem of oBeers

and employ& from one branch of

the Railway Service to any class and employla.

in another branch, and also may appoint to any class in any branch,
without examination, additional persons of known ability.
27. The officer at the head of any branch of the Railway Service Overtimepaymmts.
may, if he thinks fit, certify that in his opinion any officer or employ6 in his branch is entitled to a payment for overtime work, but no payment for overtime work shall be paid without the authority of the Commissioners.

" Record Book," and shall record therein the names of all persons kept.

28. The Commissioners shall keep a book, to be callcd the Record book be

in the Railway Service, and the class, position, or grade, the length of service, salaries, and such other particulars with regard to such	persons as they think fit, and shall from time to time cause entries
to be made in such Record Book of deaths, dismissals, resignations, promotions, and reductions, and shall, in the month of July in
every year, publish in the Government Gazette a list arranged
according to classes and branches of the persons then employed in the Railway Service.

PART

VI.

PABT vr.

REGULATIONS.
29. l'he Colnrnissioners shall make, and may from time to time Reyktions to be

alter and repeal, regulations-

made.

For prescribing the qualificatiuns required in all candidates for
permanent employment in the Railway Service, and the
subjects

50'	& 51' VICTORIW, No. 414.

The Xauth Australian Railways Commissioners Act.-1887.

PART VI.

subjects for exanhation of all candidates for employment

in the various branches of the said service:

For determining the number of branches of the Railway Service: For determining the number and relative rank of classes in the
various branches, and the maximum and minimum salaries payable to the officers of each class, and the annual increase of such salaries:

For determining the wages to he paid to the officers and em-

ployks temporarily employed in the Railway Service:

For regulating the duties to be performed by employ& in the Railway Service, and the discipline to be observed in the performance of such duties, the granting of leave of absence from time to time, and arranging for the performance of duties during holidays, and for affixing to brcaches of such regulations, according to the nature of the offences, such penalties as by this Act are authorised:
For fixing the ages at which employ& shall retire in the different
branches of the Railway Service:
For regulating and determining the scale on which employ& in the various classes of' the Railway Service shall insure their lives, or for the payment to them of a sum of money or annuity at the date of their attaining the age of retirement from the Railway Service:
For the hearing and determining of any appeal by any employk: For altering or repealing any rules or regulations made by the
Commissioners of Eailways, or the Governor, with regard to railways or officers and employ& in the Railway Service:
For regulating the proceedings of the ('~ommissioners, whether as
the South Australian Railway Comtnissioners or as the

Supply and Tender Board:

For regulating the purchase, care, custody, and issue of stores and materials, and the taking and keeping of the accounts relating thereto.

Further pewer.

30, The Commissioners from time to time may make all such

other regulations not inconsistent with this Act, either applicable generally, or to meet particular cases, as may be necessary or desir- able to carry out the objects and purposes of this Act, or as may be convenient fbr the administration thereof,

Publroatim of regula-

31, All such regulations shall be published in the Government

tiw.

Gazette, and shall have the force of law from the date of

such pub-

lication:

Provided that such regulations shall be laid before both

Houses of Parliament within fourteen days after the making thereof,
if Parliament be then sitting, and if Parliament be not sitting,
then within fourteen days after the commencement of the next
session
50" & 51' VICTORIAZ, No. 414.

The South Australian RaiZw ays Commissioners Act.-1

88 7.

session of Parliament; and that if an address be presented to the	PART V.
Governor by either House within the next subsequent thirty days, praying that any such regulations, or any part thereof, may be annulled, the Governor in Council may thereupon annul the same; and any regulation, or portion of a regulation, so annulled, shall there- upon become void and of no effect, but without prqjudice to the validity of an * proceedings which may in the meantime have been

taken under t e same.

PART VII,
VESTING OF PROPERTY, RIGHTS, AND
LIABILITLES.
32, All railways and rolling-stock heretofore constructed or state railways vested
acquired, or which may hereafter bc constructed or acquired, by or in the commiasioneru~
on behalf of the State, and the piws, wharves, jctties, stations, yards,
and buildings connected or used therewith respectively, or forming
or reputed to be part or parcel thereof respectively, together with
the land over or upon which the said railways, piers, wharves, jetties,
stations, yards, and buildings have bccn or inny hereaf'ter be con-
structed or erected, and the land includcd within thc boundary
fences of any of the said railwstgs, ancl all lands outside such fences
which may h;tve been acquired by the Commissiorlrrs of Railways
under any Act authorising the taking of land for railway purposes,
and the inheritance thereof in fee-simple, and all the powers, func-
tions, obligations, duties, immunitics, and rights, by any Act, or por-
tion of an Act, not hereby repealed, conferred or imposed upon or
vested in the Commissioners of Railways, shall be and the same are
hereby transfcrrcd to and invested in the Commissioners for the pur-
poses of this Act.
33. Any Crown lands which are taken by the Commissioncrs Crown lands taken to

under the authority of this Act, or of any Act incorporated here- ,ionerS.

vest in Commis-

with, and the inheritance thereof in fee-simple, shall vest in the

Commissioners for the purposes of this ,4ct.

34. All the telegraph posts, wires, instruments, and other tele- R ~ K E L ~

taleppha

graphic or telephonic apparatus belonging to the Commissioner of vested	sioners. m	cor.wnis-
Railways shall be and the same arc hereby vested in the Commis- sioners 'for the purposes of this Act.

35. No rates, taxes, or assessments shall be ,made, calculated, or Commissioners not to

charged upon any of the railways, or upon any pier, wharf, jetty, ties rssbd in them.	pay rates for proper-
station. vard. buildinp. or works vested in the Cornrnissioners: ~ rov idkd that this cl&& shall not apply to any land or buildings which may be in the use or occupation of private persons.

36, All purchases, sales, conveyances, grants, assurances, deeds, Commissionerssubsti~

tuted for the Com-

securities, contracts, bonds, agreements entered into, made, or given G,,;,,,

of ~ ~ f i.

before the passing of this Act, by or to the Commissioner of Rail- ~ a $ ~ ~ t: ~ ~ !

B-414,

ways tie., an8 privilegen.

10 50" & 51" VICTORIE, No. 414.

The Gouth Australiaan Railways Commissioners Act.-1887.

PART Vn*

ways, in connection with the railways or with the piers, wharves, jetties, stations, yards, buildings, lands, rolling-stock, or chattels, by this Act vested in the Commissione~s, shall be as binding and of as full force and effect in every respect against or in favor of the Com- missioners, and may be enforced as fully and effectually as if instead of the Commissioner of Railways the Commissioners had been a party thereto, and all powers conferred upon the Commissioner of Railways, and all matters or things had or done or to be done by, and all rights, privileges, causes of action, accrued or accruing to or against the Commissioncr of Railways, shall be had, done, exercised, enforced, enjoyed, and used by or against the Commissioners in the same way that they might have been had, done, exercised, enforced, enjoyed, and used by or against the Commissioner of Railways but for the passing of this Act, and with respect thereto the Commis- sioners shall bc substituted for the Commissioncr of Railways; and any penalty, forfeiture, or othcr punishment incurred or to be incurred in respect of any offence committed by or against the Commissioner of Railways in respect of the railways, or in respect of any such piers, wharves, jetties, stations, yards, buildings, lands, rolling-stock, or chattels before the passing of this Act, may be enforced and recovered against, or by or on behalf of the Commis- sioners, in the same way as they might hare been enforced and recovered against, or by or on beIialf of, the Commissioner of Rail- ways, but for the passing of this Act.

PART

vxn.

PART VIII.

BY-LA W

By-laws may be

made.

37. The Commissioners may, in addition to the powers conferred upon the Comrnissioncr of Itailways by the Bailways Clauses Con- solidation Act," and the Act amending the same, from time to time make, alter, and repeal by-laws for all or my of the subjects or matters hereinafter mentioned, and may impose penalties not ex- ceeding Ten Pounds upon any person committing a breach of any

of such bylaws :-

For fixing the amount of fares for the conveyance of passengers
and the charges for the carriage of animals, goods, and
parcels, and the circumstances and conditions under which the Commissioners will make special rates for the carriage of goods in quantities:
For preventing the commission of any nuisances in or upon the carriages or in any of the stations, buildings, piers, wharves,
or jetties vested 'in the Commissioners:
For preventing the emptying of sewage on or drainage on to any of the railways, or on to any lands, stations, buildings, piers, wharves, or jetties vested in the Commissioners:
For regulating the exercise of the several powers vested in any
piermaster:
For

so0 & 51" VICTORIE, No. 414.

F -

- .-p

The South Australian Railways Commissioners Act.-1887.

For regulating the admission of vessels to any pier, wharf, or

PAW ~ I I L .

jetty hereinbefore mentioned, and their removal from the
same, and for the good order and government oi: such vessels
whilst at such pier, wharfs, or jetty:
For regulating the use of any such pier, wharf, or jetty:
For regulating the shipping and unshipping, landing, ware- housing, stowing, depositing, and removing all goods from or at any such station, building, pier, wharf, or jetty:
For regulaticg the conduct of all persons (not being the harbor- master of the Marine Board, or any officer of Customs) while upon or in any such station, building, pier, wharf, or jetty, or while employed at or near the same:
For regulating the use of fires nnd lights within any vessel being
at any such pier, wharf, or jetty, except within the juris-
diction of the Marine Board:
For preventing damage or injury to any vessel or goods at any
such station, building, pier, wharf, or jetty:
For regulating the duties and conduct of porters, cabmen, carmen, draymen, and carriers (not being ernploy6s of the Commis- sioners) employed at any such station, building, pier, wharf, or jetty, and fixing the charges to be paid to them for carry- ing any passengers, goods, articles, or things from or to the same:
For fixing the amount of tolls to be paid by any vessel usiug any such pier, wharf, OF jetty, or m y crane, the property of the Commissioners, and for fixing the amount of tolls to be paid on goods brought to or taken from any vessel using any such pier, wharf, or jetty, by lighter or other vessel:
For fixing the amount of tolls upon animals and goods received

or delivered upon or from any such pier, wharf, or jetty:

For regulating generally the travelling and traffic upon or using and working of the railways; and of the stations, buildings, piers, wharfs, and jetties hercinbefore mentioned, and for the good government and maintenance of order thereon:
For regulating the terms and conditions upon which special trains
will be run:
For regulating the admission of the public to any of the railways and to any of the stations, buildings, piers, wharfs, or jetties hereinbefbre mentioned, and for fixing a chargc therefor, or for dispensing with the same on certain days or for certain times:
For regulatiug the use of stamps as prepayment upon parcels:
For regulating the sale of tickets at places other than railway
stations, and the conditions under which such tickets shall

be sold:

For

12 go0 & 51' VICTORIJE, No. 414.

me South Austrdzian Railways commissioner.^ Act.--1 887.

Paar v m.

For fixing demurrage chergcs where goods arc to be loaded into or discharged from trucks by owners, consignors or con- signees:

For fixing the charges for warehousing goods and the charges to be paid in respect of parcels and luggage left for transit or for care or custody, and the conditions upon which they respec- tively will be received:

For regulating the disposal of unclaimed goods:

For imposing conditions upon which passengers' luggage will be

carried:
For preventing or regulating bathing or fishing in or shooting
over or upon any reservoir or tauk connected with any of the
railway S:
For regulating the carxiagc of corpses, and for prohibiting the carriage or conveyance of the bodies of persons who have died from contagious diseases:
For prohibiting the ca,rriage or conveyance of diseased animals, and preventing them from coming upon any station or premises:
For preventing damage or injury to railway stations, buildings, piers, wharfs, or jetties or premises, carriages, gates, fences, or any property whatever:
For the issue and the prevention of the abuse of free passes on
the railways:
For regulating public or private traffic across any of the said railways on the level thereof, m d for preventing animals trespassing on any of the railways:
For altering or repealing any by-laws made by the Commissioner of Railways with regard to railways, whether under the provisions of '' The Railways Clauses Consolidation Act," or

any special Act at present in force:

For regulating the manner in which public notices shall be

advertised, and generally with regard to advertising in news-

papers and elsewhere:

For. facilitating and regulating the insurance of persons travelling

on the lines of railway by any accident insurance company

now or hereafter in existence:

And generally for carrying out the powers vested in them by, or more converiiently adrninistcring, this Act: Provided that such by-laws be not repugnant to the laws of the province, or to the provisions of any special Act.

BY-law to be con-

38. No by-law which the Commissioners are by this Act authorised

firmedand publishedin

Qovmmml Gazette,

to make shall have any force and effect until the same has been con- firmed by the Governor in Council and published in the Government

The South Aust~aZiun Railwuys Cotmmksioners Act.--1887.

Gazette:

Provided t h ~ t

such by-laws shall be laid before both

PART ~ 1 1.

Houses of Parliament within fourteen days after the making thereof, if Parliament be then sitting, and if Parliament be not sitting, then within fourteen days after the commencement of trhe next session of Parliament; and that if an address be presented to the Governor by either House within the next subsequcnt thirty days, paying that any such by-laws, or any part thereof, may be annulled, the Governor in Council may thereupon annul the same; and any by-law, or portion of a bylaw, so annulled, shall thereupon become void and of no effect, but without prejudice to the validity
of any proceedings which may in the meantime have been taken
under the same.
39. 'l'he regulations made by the Governor in accordance with Certainregulationa

section 36 of the " Civil Service Act, 1874," and the rules, ,dn inforce.	and by-laws to re-
regulations, and by-lams mode or purporting to haw been made by
the Commissioner of Railways, whether within or in excess of the
powers conferred upon the Commissioner of Railways, shall be deemed to have been enacted by this Act, and shall be and continue to be in full force and effect until altered or repealed by rules, regulations, or by-laws, made in pursuance of the provisions of this Act.

PART

IX.

PART IX.
MANAGEMENT.

40, The Commissioners may appoint places in the different	and delivery of
DepBts for receipt

centres of population as dspbts for the receipt and delivery of	parcels.
parcels or passcngers' luggage to be forwarded to (X receivcd fiom any of the railways, and rnay contract with a n y person for the carriage of such parcels or passcngers' luggage to and from any railway station or depbt.

41, The Commissioners may, in lieu of loading or uiiloading	Commissioners may
make a contract for

goods on or from any truck, shed, or vessel hy temporaw day labor,	loading or unloading
invite public tenders on such terms and corditions as tf;cy think fit	goods.
for the performance of such work for a period not exceeding one ycar, and sllall have power to accept any tcndcr or invite frcsh tenders, and may make a qontract with the person whose tendcr is accepted.

42, The Commissioners may lease any refreshment-room, shed,	lease refreshment-
Commissioners may

office, shop, s t d, coal gears, sites for storage or for erecting sheds,	rooms, &c.
right of entrance into any station by hackney carriages, right of advertising or othcr convenience or appurtenance to any of the railways, for such term and at such rent as they may determine.

43, It shall be lawful for the Commissioners to make special	just and reasonable,
Special conditions, if

conditions for the receiving, forwarding, or delivering any horse,

may be made.

cattle, or other animals, and any articles, goods, or things:

Provided

alwaya

50" & 5 1 ~

VICTORIR, NO. 414.

The south Australian Railways Commissioners Act.-1887.

always that no greater damages shall be rccavered for the loss of or fox any injury done to any such animals, whether such loss or injury arose throngh negligence or otherwise, beyond the sums hereinafter mentioned (that is to say):-for any horse, Fifty Pounds; for any cattle, per head, Twenty Pounds; for any sheep, pig, or other small animal, per head, One Pound; unless the person sending or delivering the same shall at the time of such delivery have declared them to be respectively of higher value than as above mentioned, in which case i t shall be lawful for the

Sale of damagea re-

Commissioners to demand and receive by way of compensation for

* coverable for injury

toanimalS.	the increased risk and excess of care thereby occasioned a reasonable percentage upon the value so declared above the respective sums so limited as aforesaid, and which shall be paid in addition to the
lugher declared value
Bpecial rates for	ordinary rate of charge; and such percentage or incrcnsed rate of
may be charged by	charge shall be from time to time ascertained and fixed by one of
by-hw.	the by-laws, and such by-law shall be affixed in some conspicuous place of the terminal stations of the railways to which the same ipply; and all persons affected thereby shall be bound by such notice without further proof of the same having come to their
Proof of value and of	knowledge: Provided Aalso that the proof of th i value of such

c	animals, articles, goods, or things, and the amount of the injury

claimant.

done thereto, shall in all cases lie upon the persons claiming com-

pensation for such loss or injury.

bdju~tment

welghta and mwures. balances, stcelyards, beams, and other weighing machines in use

44, The Commissioners shall cause all weights, measures, scales, upon any of the railways, or any of the stations, piers, wharves, or jetties, vested in the Cornmissionexs, to be from time to time - adjusted either on comparison with authorised copies of the standard weights and measures made under the law for the time being regulating standard weights and rr!easur.es in the Province of South Australia, and for the prevention of such as arc false and deficient, or otherwise as the case may be, by some officer in the Railway Service in that behalf appointed by the Commissioners;

to the railways, or to any station, pier, wharf, or jetty vested in the

but save as aforesaid nothing in the said Acts contained shall apply

Commissioners.

Commhioners to

constmct and

45. The Commissioners shall construct a11 lines of railway and

works which at the time of the passing of this Act the Commissioner of Railways was authorised to construct, and shall also construct all lines of i d w a y and works which such Commissioners may be authorised hereafter by any Act or Acts of Parliament so to do, and it shall also be the duty of the Commissioners to .supervise and see that the railways and the accommodation thereto are maintained
in a state of efficiency, and that persons travellhg upan such rail-
ways are carried without negligence.

Co-onem

not remove work-

46. I t shall not be competent for the Commissionexs to remove

h o p.

or discontinue any of the workshops connected with the railways i n existence a t the commencement of this Act, without the sanction of the Governor in Council. 47, Before

50'

VICTORIW, No. 414.

The South Aust~alim

Railways Commissioners Act.-1

88 7.

47. Before the introduction into the House of

Assembly of any

PABT ~ x.

Bill authorising the construction of new lines of railway the Corn- Commissioner8 to missioners shall transmit to the Minister a statement under their seal ;;;p"d;","~p~;~~_, showing their estimate of the cost of constructing each proposed

new line, and of the traffic and other returns l ikdy to be derived therefrom; and the Minister shall, before such introduction. lay the same upon the table of the IIouse of Assembly.

48, 'l'he Commissioners may apply, in writing, from time to Applicationfor

additional stores, &c.

time, to the Minister for additional stores, plant, material, rolling- stock, shcds, stations, and other accommoriation which, in the opinion of the Cornrnissioi~ers, may be required to enable them to meet the traffic requirements and the efficient working of the railway S.

49, In the first month in each quarter of every year thc Commis- Commissioners to

returns, with the approximate cost and earnings of trains per ton

per train mile in respect of goods and passengers respectively carried

during the past quarter, the general condition of the lines and

accommodation for thc traffic, whether any special ratcs have been

made, and the reasons for making such rates, and shall also furnish

a statement of appointments and removals of ernployiis, with the

circumstaizccs attending each. Such rcports shall be laid hefore

sioners shall report in writing to the Minister the state of the traffic report. upon the re-assembling of Parliament.

50, The Commissioners shall prepare an annual report of their Annual repod to be

laid before Parlia-

proceedings, and an account of all moneys received and expended ,	,	t	,	,
during the preceding year. Such annual report shall he laid before both Houses of Parliament in the rnonth of August in each ycar, if Parliament be then sittiup, and if Parliament be not thcn sitting then within fourteen days after the commencement of the next ensuing session thereof. They shall also prepare estimates, in such form as the Governor in Council may from time to time direct, of
receipts and expenditure for each period of twelve months ending on	the thirtieth day of June in each and evcry ycar.

51, All moneys appropriated hy Parliament for the construction, Expendittlreof money

maintenance, or management of the railwi1ys and for works in parliamen,

appropriated by

connection therewith, shall be expended under the control and

management of the Commissioners.

52. All moneys payable to the Commissioners under this Act to

Audit

Commissionera.

Act to apply

shall be cr~Uected and received for or on account of the General Revenue, and shall from time to tirnc, in such manner us the Governor may prescribe, be paid to thc Treasurer for the public pur.. poses of the said province; and the provisions of any Act now or hereafter in force for the collection and payment of the public moneys and the audit of the public accounts shall, save as in this Act otherwise expressly provided, apply to the Commissioners and to all officers acting under their control, 53. W henever

50" & 51" VICTORIR, No. 414.

The South Australian Railways Comnaissioners Act.-1887.

PART rx.

53, Whenever it appears to the Commissioners that the land

~ w l u ~ ~ l a n n s

may be which has been acquired for the purposes of any of the railways is

leased.	in excess of the quantity required for such purposes, it shall bc law-
fu l for the Commissioners to dispose of such part thereof as may be
so in excess, or any part thereof, bv demise and lease for any term or terms of vears, and at such rent'as the Commissioners may think fit, to any p&on willing to take the same, and for thc purposes of such lease as aforesaid to execute any and every deed, instrument, and writing which may be deemed necessary or expedient.
Power to erect hle-
graph.	54, The Commissioners may from time to time construct and maintain lines of telegraphic and telephonic communication along the lines of any of the railways, and for such purpose may enter in and upon any Crown lands, roads, and streets, and make therein all needful excavations for the erection of masts and posts, and for the laying down of lincs of subterranean communication, and may erect and set up all necessary masts, posts, ends, and wires.
Wires may be affixed

to existing posta.

55, The Minister Controlling the Telegraph Department shall

have power to affix telegraph wires on any posts or masts erected by the Commissioners; and the Commissioners shall in like manner have power to affix wircs, under the direction of and in the manner approved by the Minister Controlling the Telegraph Drpartment, on any posts or masts erected by the said Mjnistcr, and the cost of maintenance of such poste and masts shall be divided between the Telegraph Department and the Commissioners, in proportion to the number of wires belonging to each on such posts or masts.

Mast6 and poets to be

56. The Commissioners may require thc Minister Controlling

moved if required.

the 'l'eleg~.aph Department to shift any posts, masts, wires, and apparatus belonging to thc said Minister, when necessary for the purposes of their works or traffic, but in all such cases thc Commissioners shall pay to the said Minister the actual costs incurred in shifting the same; but if such posts or masts support

both the wires of the Commissioners and of the Minister, the cost

of shifting the same shall be apportioned bdween the Com-

missioners and the Telegraph Department, according to the number

of wires belonging to each on each such post or mast.

Supply and Tender

Board.

57, The Commissioners shall constitute a Supply and Tender Board, and as such shall control the purchase, care, custody, and issue of all stores and materials required for the Public Service by the Railway, Marine, Hydraulic, and Post and Telegraph Departments, and the taking and keeping of the accounts relating thcrcto; and the Governor, by Proclamation in the Gover~rn~ent Gazette, may at

any time place the stores and materials required by any other depart-

ment under the control of such Supply and Tcnder Board, or deprive such Board of the control of the stores and materials required by

any department.

PART

The South Aush-alian Railuqs Com.mission ers Act.-

l 887.

PART

Pasr X.

CONTRACTS.

corporate name of thc Commissioners into contracts with any

58, It shall be lawful for the Commissioners to enter by the ~ $ $ ~ ~ ~; , ~ ~

persons for the execution of any work authorised by this Act to be done by the Commissioners, or which they may think proper to do or to direct to be done under or bv virtuc of the powers confided to them by this Act, or for furniihing materials or labor, or for providing proper engines or other power, or for any matters and things whatsoever necessary for enabling them to carry the purposes of this Act into full and complete effect in such manner and upon such terms and for such sum of money and under such stipulations, conditions, and restrictions as the Cornmissior~ers think proper; and every such contract shall bc in writing, and shall specify the several works to be done, and the materials to bc furnished, and the prices to be paid for the same, and the times within which the said works are ti bc completed, and materials or lebor furnished, and the penalties t.o be suffered in case of non-performance thereof; and every such contract may, if the Commissioners so think fit, also specify the person to whose satisfaction the same are to be completed or furnished, and the modc of determining m y dispute which may arise concerning or in consequence of such contract: Provided that the C~mmissioners shall not enter into any such contract for the supply, either directly or indirectly, from places outside South Australia of materials, engines, or other power, or any other matter or thing, without the sanction of the Governor in Council.

the time bcing having the control of thc Post Office and Telegraph maBt,-Generdand eioners and Post-

59, It shall bc lawfd for the Cornmissioncrs and the Minister for Power for Commis-

Departments respectively from time to time to enter into, alter, and Superintendent of

rescind contracts and agreements with respect to the receipt, carriage, eonbacb.	Telegraphs to make
and conveyance of letters, parcels, and newspapers, and for any other

matter or thing in relation to the postal service.

60. The several lines of telegraphic communication belonging Telegraph line8
to the Commissioners, or which are worked under thc direction or on available for public,
behalf of the Commissioners, shall, so far as is consistent with the due and efficient working of the railways, be available for the transmission of messages by the public; and all such messages as last aforesaid shall be transmitted by the officers and employ 6s on behalf of the Commissioners, as agents of the Minister Controlling
the Telegraph Department, and be subject to the provisions of the Act
relating to Telegraphs, No. 6, 1857, and the regulatious for the

time being of the 'I'elegraph Department. And there shall be Paymentforpublic

such fees, rates, and dues as may for the time being be lawfully

demanded or received by the Minister Controlling the Telegraph

demanded and received, in respect of such last-mentioned messages, mmm@8. his control; and, save as aforesaid, the Commissioners shall not

0 4 1 4. transmit

50' & 5 1 ~

VICTORIE, NO. 414.

Il'he 8o.uth Australian Railways Commission ~ r s

Act.-1887.

transmit or permit the transmission of messages on behalf of the

Remuneration, how	public through their wires. The remuneration to be paid by the
settled.	Postmaster-General to the Commissioners, for the transmission of messages as aforesaid, may be either a lump sum or a percentage on the gross sum received by the Postmaster-Gener~l from the Com- missioners in respect of such transmission, or may be determined in such other way as may from time to time be agreed upon between the Postmaster-General and the Commissioners.

How differences to be

61,

I n case any difference arise between the Commiesioners and the said Minister for the time being having the control of the Post Office and Telegraph Departments respectively, with regard to the terms and conditions on which any contract or agreement should be made or otherwise in relation thereto, the same shall be determined by the Governor.

determined.

Contracts by the

Commissioners, how

62, The powers hereby granted to the Commissioners to make

to be entered into.

contracts may lawfully be exercised as follows, that .is to say-

Any contract which if made between private persons would be by law required to be in writing and under seal, the Com- missioners may make in writing in the corporate name of the Commissioners under their common seal, and in the same manner may vary or discharge the same:
Any contract which if made between private persons would be by law required to be in writing and signed by the parties to be charged therewith, the Commissioners may make in writing in the corporate name of the Commissioners, signed by the secretary and any two of the Commissioners, and in the same manner may vary or discharge the same:
And all contracts made according to the provisions herein contained
and duly executed by the parties thereto respectively shall be effectual in law and shall be binding upon the Commissioners and
all other parties thereto, their successors, heirs, executors, or adminis-

trators, as the case may be; and on any default in the execution of	any such contract either by the Commissioner or by any other party
thereto, such actions or suits may be brought thereon and damages and costs recovered either by or against th'e Commissioners in their corporate name, or the other parties failing in the execution thereof, as might be brought and recovered had the same contract been made between private persons only.

Commissioners may

compound for breach

63, It shall be lawful for the Commissioners, at a meeting

of contracts.

specially called for that purpose, from time to time to com-

pound and agrce with any person who has entered into any con- tract in pursuance or under the authority of this Act, or against whom any action or suit is brought for m y penalty contained in any such contract, or in any bond or other security for the performance thereof, or for or on account of any breach or non-performance of

any

50' & 51' VICTORIW, No. 414.

The South AustruZa'un Railways Commissioners Act--1887.

any such contract, bond, or security, for such sum of money or other	X.
recompense as the Commissioners think proper.

PART XI.
ACCIDENTS.

64. Where in or about any of the railways or any of the works Commi+em

report accident to
or buildings connected with any of the railways, or any building or Minieter.
place, whether open or enclosed, used in working such railway, any
of the following accidents take place in the course of working any
of the railways, that is to say-
(1) Any accident attended with loss of life, or personal injury
to any person whomsoever:
(2) Any collision where one of the trains is a passenger train:
(3) Any passenger train, or any part of a passenger train,
accidently leaving the rails:
(4) Any accident of a kind not comprised in the foregoing
descriptions, but which is of such a kind as to have caused
or to be likely to cause lass of life or personal injury:
the Commissioners shall direct t,hat the earliest information shall be forwarded to the Minister, and as soon as practicable thereafter full information of the accident and the report of the officers appointed by the Commissioners to hold an inquiry into the matter.
65, Where it appears to the Minister, either before or after the Governor in Council

commencement of any such inquiry, that a more formal investigation investigation.	may diroct formal
of the accident, and of the causes thercof, and of the circumstances attending the same, is expedient, the Governor in Council may by order direct'such investigation to be held, and with respect to such

investigation the following provisions shall have effect :-

(l) The Governor may by the same or any subsequent order Persona bp whom ths

direct a Special Magistrate or other person or persons ''g*	" be
named i n the same or any subsequent order to hold the
same with the assistance of assessors named in the order:

(2) The persons holding any such formal investigation (herein- ~ng*

to be heid in

after referred to as the court) shall hold the same in open Open court*
court in such manner and under such conditions as they
may think most effectual for ascertaining the causes and
circumstances of the accident, and enabling them to make
the report in this section mentioned:
(3) The court shall have for the purpose of such investigation Powersofpnraons
all the powers of a court of summary jurisdiction when cOnduct'ng 'o~uirr.
acting as a court in the exercise of its ordinary jurisdic-
tion, and in addition the following powers, namely:--
@) They
VICTORIE, No.

The South Australian Bailways Commissioners Act.-1887.

PART XI.

(a) They may enter and inspect any place or building the

May pereonally	entry and inspection wheniof appears to them requisite
inspect.	for the said purpose:

call witnesses, &C.	( h ) They may, by summons under their hands, require the attendance of all such persons as they think fit to call before them and examine for the said purpose, and may for such purpose require answers or returns to such inquiries as they think fit to make:
Call for production of	(c) They may require and enforce the production of all books,

books, &c,

papers, and documents which they consider important

for the said purpose:

Administer oaths.	(d) They may administer an oath and require any person cxamined to make and sign a declaration of thn truth of the statements made by him on his examination:
Expenaea of	(e) Every person so summoned, not being a person engaged in the Railway Serviceor otherwise connected with it shall be allowed such expenses as would be allowed to a witness attending on subpaena before the Supreme Court; and in case of dispute as to the amount to be allowed, the same shall be referred by the court to the Master of the Supreme Court, who on request under the hands of the members of the court shall ascertain and certify the proper amount of such expenses:
witnesses.
inquiry to make

Persons holding

(4) The court holding an investigation of any accident shall of the accident and all the circumstances attending the same, and any observations thereon or on thc evidence or on any matters arising out of the investigation which they think right to mak'c to thc Governor in Council who may cause every such report to be made public in such manner as he may think expedient.

report to Governor in	make a report to the Governor in Council stating the causes
C O U ~ C ~ ~.

Lit of damagea

66, Notwithstanding anything contained in the Act, No. 17 of

recoverable.

1874, intituled " An Act to provide for the ltecovcry of Damages caused by Negligence on thc part of Persons employed by the Government of' South Australia in certain cases," no person, nor thc representatives ox relatives of any deceased person, shall be entitled to recover from the Commissioners by reason of any injury sustained by any such person whilst being carried on anj railway vested in the said Commissioners, or whilst being in, upon, or about any station, yard, land, or premises vested in the said Commissioners, as a passenger travelling upon any such railway or as an employ6 on such railway, whether such injury arose from negligence or otherwise, in excess of the sum of Ono Thousand Pounds, except under an insurance ticket issued by the Corn~nissioners as herein- after provided.

Insurance ticketa to

be issued at railway

67. Tickets providing for compensation in case of injury by

rtationa,

accident sustained by any person as mentioned in the section 64 of

this

50" & 51" VICTORIE, No. 414.

The Bouth dust?.aliun Railu!ay.s Commissioners Act.--1 887.

this Act, shall be issued at all railway stations where railway tickets	PAW XI-
are issued, on all railways vested in the Comrnissiouers.

68. Such tickets shall be issued at specified rates, by the Corn- ~ {, ", ~, ", " U ~ ~ ~ t ~ b y

missioners, OF by some assurance office to be approved by the Com- missioners, and the amount of compensation payable by the Com- missioners, in respect of in jury sus tninccl by any individual, and whether under one or more than one insurance tickct, shall in no L'mit of amount^

case exceed Five Thousand Pounds.

PART

XII.

PART XII.

PENALTIES AND PROCEDURE.

69. If any person without rcasonablc excuse (poof whereof Disobedience of

person summoned an

shall lie on him) does any of the following things, namely :-

witness.

(1) Having bccn surnrnonecl and having had the expenses (if
any) to which he is entitled tendered to him, fails to attend as a witness before a court holding an investigation under this Act, or fails when required by such court in pursuance of this Act so to do, to make any answer or to givc any return OF to produce any document or to make or sign any declaration; or
(2) Prevents or impedes such court in the execution of their
duty-

he shall for every such offence incur a prnalty not exceeding Ten Pounds, and in the cdse of a refusal to make any return or produce any document, tt penalty not cxcccding 'Yen Pounds during every day that such failure contii.ues; a d whwe the offence consists of preventing or irnpctling as aforesaid any member of such court or any person called by him to his assistance, may seize and detain

the offender until he can be convcniently taken before a court of

summary jurisdiction, to be dealt with according to law.

70. If any Commissioner be in anywise conccrncd or interested Columisvher

peraonally interested

in any bargain or contract made by or on behalf of the Commis- in co,t,,cts

to be

sioncrs, or in anywise participatc or claim to be tlntitled to gllilty of amisdo-	mewor.
participate in the profit thcreof, or in any benefit or emolument arising from the same, he shall be guilty of a miudcrnennor, and on conviction thereof be liable, in the discrction of the court, to a penalty not exceeding Five Hundred Pounds, or to imprisonment for any term not exceeding three years, or to both of these punishments.

71. If

any person employed by the Commissione~s

exact, take, or forfeit

Officer taking

Fifty Pounds,

fees to

accept on account of anything done by virtue of his office, or in
relation to the functions of the Commissioners. anv fee or reward merit.
whatsoever other than the salarv. rewards, or allowances allowed or
sanctioned by Parliament, or b e in anywise concerned or interested
in any bargain or contract made by or on the behalf of the Com-
missioner S,
VICTORIE, No.

The South Australian RaiZwaps Commissioners Act. -

887.

- P A ~

xn-

missionem, otherwise than as a, member only, but not as a director or officer of any registered, incorporated, or joint-stock company with whom any such bargain or contract may be made, he may be removed from office, and in case of such removal shall be incapable of being afterwards employed by the Commissioners, and shall also be guilty of a misdemesnor, and on conviction thereof shall be liable, at the discretion of the Court, to a penalty not exceeding Fifty Pounds, or to be imprisoned for any period not exceeding two years.

B U D I ~ ~ ~

1‘800very

against pereona failing quired by section 21 of this Act, or to produce and deliver up all

72, If any officer or employ6 fail to render 'an account, as re- the vouchers and receipts relatiw to the same in his possession or power, or to pay the 6alalance thereof when thereunto r&pired, or if after being thereunto required he fail to deliver up to the Commis- sioners, or to any person appointed by them to receive the same, all papers and writings, property, effects, matters, and things in his possession or power relating to the execution of this Act or belong- ing to the Commissioners, then, on complaint thereof being made to a Justice, such Justice shall summon such officer to appear before a Special Magistrate and two or more Justices at a time and place to be set forth in such summons to answer such charge, and upon the appearance of such officer, or in his absence, upon proof that such s u n ~ m o ~ ~ was personally served upon him or left at his last known place of abode, such Special Magistrate and Justiccs may hear and determine the matter in a summary way, and may adjust and declare the balance dwing by such officer; and if it appear either upon confession of such officer or upon evidence or upon inspection of the account that ally moneys of the Commissioners are in the hands of such officer or owing by him to the Commissioners, such Special Magistrate and Justices may order such offender to pay the same, and if he fail to pay the amount it shall be lawful for such Special Magistratc and Justices to grant a warrant to levy the same by dis- tress, or in default thereof to commit the offender to gaol, there to

unless the same be sooner paid.

remain without bail for a period not exceeding three months,

Penalty on offlcer

refueing to deliver

73. If any officer neglect or refuse to make out any such account

up documents.

in writing, or to produce and deliver to the Special Mt~gistrate and Justices the several vouchers and receipts relating thereto, or to deliver up any books, papers, or writings, property, effects, matters, or things in his possession or power belonging to the Commissioners, such Special Magistrate and Justices may lawfully commit such offender to gaol, there to remain until he have delivered up all the vouchers and receipts (if any) in his possession or power belonging to the Commissioners: Yrovided always that if any Commissioner or other person acting on behalf of the Commissioners make an oath that he has good reason to believe, upon grounds to be stated in his deposition, and does believe that i t is the intention of any such officer as aforesaid to abscond, or that he has absconded, it shall be lawful for the Justice before whom the complaint is made, instead

of
7 50" & 51" VICTORIW, No. 414.
The South Austra l k n Railways Commissioners Act.-1887.

of issuing his summons, to issue his warrant for bringing such	PART xIr.
officer before such Special Magistrate and tlvo Justices as aforesaid,

but no person executing such warrant shall keep such officer in W a m t m a ~

issued in the firet
in8t8nce for ordcr, unless such offender give bail to the satisfaction of such Justice for his appearance to answer the complaint of the Corn-. . missioners.
custody longer than forty-eight hours without bringing him before
some Justice; and it shall be lawful for the Justice before whom absconding offleer,
such officer may be brought either to discharge such officer if he
think there is no sufficient ground for his detention or to order such
officer to be detained in c&ody, so as to be brought before a Special
74. Xo such proceeding against or dealing with any such officer Commitment not to

as aforesaid shall deprive the Commissiol~ers

of any remedy which discharge sureties.

they might otherwise have against any surety of such officer.

75, The officer at the head of each branch of the Railway Service ~ o w e r

to fine or

reduce in rank any

shall have the power to suttpend, or to fine in3 sum not exceeding Five	employb.
Pounds, to be deducted from his pay, or to reduce in rank, position, or grade, and pay, under regulations to bc made in that behalf, arlv employ6 in his branch for misconduct, or for hreach of the rules dr of any r~gulation of thc Railway Servire, but such ernployi! shall lnvc the right of appeal to the C~on~missioners.

76, Any officer in charge of a station on any of the railways shall Employks guilty of

have the power to temporarily suspend at such st atioll any employ6 $ i ~ d u c t ~

of inferior rank, position, or grade until the officer at the head of

such cmployb's branch has dealt with the suspension of such employk. Any charge brought against any employk for tho breach

of any rule or regulation, or for misconduct, may bc in~est~igated

and

dealt with by the Commissioners, who may suspend such-employ6,

or if he have been already suspended by the officer at the head of

not exceeding six months, without, salary or wages, or may inflict a	his branch, or other officer, rnay further suspend him for a period
fine upon such employ&,	to be deducted from his pay, or may dismiss

him, and their decision shall be final.

77, The C'ommissinners shall hear, and shall determine, any ~ommiasioners

appeal made by any employ6 against the adoption or confirmation heara~~eals-
of the advice or decision of the officer at the head of his branch
with regard to his right to promotion, or with respect to any charge made against such employb, or with respect to ally fine imposed by
him, and may confirm or rnodify such decision, or make such order
as they think fit, and their decision shall be final. Evrry s~rch
appeal shall be heard within thirty days from the date o f the
appeal being lodged with the said C'ommissioners.
78. A11 actions to be brought against the ~omrnissioners or Actions against corn-
against any person for anything done or purporting to have been misdone" Or oacere.
done under this Act, shall be commenced within six months after
the

50' & 51' VICTORIW, No. 414.

The Bouth Australian Railways Commissioners Act.-1887.

PART x11.

the act complained of was committed, or the damage was sustained, and no writ shall be sued out against, nor any copy of any process served upon the Commissioners or against any person for anything done or purporting to have been done by them or him under this Act, until notice in writing of such intended writ or process has been delivered to them or him, or left at the office of the secretary, or at the usual place of abode of such person, by the agent or attorney of the party who intends to cause the same to be sued out or served, at least one month before the suing out or serving the same. Such notice shall clearly and explicitly set forth the nature of the intended action and

Defendant may plead	causethereof, and on such notice shall be endorsed the name and place
general LW.	of abode of the party intending to bring such action, and the nzme and placc of business of his attorney or agent; and the defendant in every such action may plead the general issue, and at the trial thereof give this Act and the special matter in evideiice. No plain- tiff shall recover i11 any such action if tender or sufficient amends have been made before such action was brought, or if a sufficient sum of money have been paid into Court after the commencement of such action or on belldf of the defendant, and if the matter or thing complained of appear to have been done under the authority and i n execution of this Act, or if any such action be brought after the time limited for bringing the same, or such notice have not been given as aforesaid, then- th;! jury shall find or judgment shall be given for the defendant or a nonsuit may be entered.
Exeoutione not to
iesue for fourteen	79, No writ of execution shall be issued against the Com- missioners, except in respect of goods and chattels vested in them under the provisions of this Act, nor until fourteen days next after final judgment has been completely signed; and no railway and no real estate now or hereafter vested in the Commissioners shall be liable to be sold under any writ of execution or other process of
day.
any Court.

hecut ions and

recovery of penalties.

80, Every offender against any of the provisions of this Act, or

against any by-laws made thereunder, may, where no other mode of piocedure-is by this Act provided, be prosecuted, and every fine, forfeiture, or penalty incurred under this Act or such by-laws, be imposed and recovered, in manner provided by Ordinance No. 6 of 1850, entitled 'C An Act to facilitate the perfbrmance of duties of Justices of the Peace out of sessions, with respect to summary con- victions and ordcrs," and every information for an offence against any of the said provisions or bylaws may be heard and determined
by a Special Magiskate or two Justices of the Peace for the said
province.

Persons liable for

81, Every fine or penalty imposed by this Act, or by any by-

penalti~ll.	law made thereunder, may, in case the person actually committing any breach of such Act or by-law is not an officer or employ6 of
the Commissioners, be enforced either against the person actually

committing
50" & 51' VICTORIE, No. 414.
The 8outh Auatraliun Railways Commissioners Act.-18% 7.

committing such breach, or the person in whose employment he	PART XIL
was, or on whose behalf he is acting, at the time of such breach.

PART XIII.	PART xm.
EVIDENCE.

82. All notices, requisitions, orders, regulations, appointments, Documents signed by

certificates, certified copies, and other documents in writing, signed the Commissioners to

the proper oBoer of

by the secretary to the

Commissioners, or some other

officer b p r h d f a c i e

nominated for that purpose by the Commissioners, and all certified evidence. sufficient evidence thereof, and in the absence of evidence to the contrary, without proof of the authority of the person signing the same or of the signature thereto.
copies of the minutes of proceedings and of entries in the Record
83. The production of the Government Gazette containing any Proof of by-laws.
bylaw or regulation made under or enacted by this Act or any Act incorporated herewith, or a printed copy, or written copy pur- porting to be signed by the secretary to the Commissioners, or some other officer nominated for that purpose by the Commissioners, of any such by-law or regulation, shall be pl-imd ,facie evidence that such by-law or regulation has been made and that i t is still in force.

84, The production of the Government Gazette containing the Proof of list of

officers.

list of persons employed in the Railway Service, as required by section 29 of this Act, or any notices of appointments, setire- ments, removals, or dismissals, shall be conclusive evidence of the truth of the contents of such list, or of the fact of such appointments, retirements, removals, or dismissals.

and lists of tolls, fares, and charges, in accordance with section l05 of by-laws.

85. The exhibiting on boards of the substance of any by-laws Proof of exhibition

have been complied with if it be proved that at the time of the	of the "Railways Clauses Consolidation Act," shall be deemed to	alleged breach a board was exhibited in accordance with said section a t the station, pier, wharf, jetty or other place where tolls, fares,
or charges were payable nearest to the place where such breach took
place.

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

WM. C. F. ROBINSON, Governor.

-

Adelaide : By authority, E. SPILLER,

Government Printer, North-terrace.

D-414.