Victor Harbour Railway Act 1862 (SA)

ANNO VICESIMO QUINTO ET VICESIMO SEXTO

A.D. 1862.

No. 23.

An Act	topravide for the completion o f certnis Works a t Victor Harbor, and for the extension thereto of the G o o l m and P o r t Elliot
Tramway.

[Assented to, 21st OctoSer, 1862.1

AS a tramway has been constructed between Goolwa

FERE menced for the improvement of Victor Harbor, and it is desirable and Port Elliot, and whereas certain works have been com-	to provide for the completion of such works, and for the
construction of a tramway from the said Goolma aad Port Elliot tramway to Victor Harbor aforesaid-Be it therefore Enacted, by the Governor-in-Chief of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled,
as follows:

1. It shall bc lawful for the Treasurer h r the time being of the ~reaaurer to raise

said Province from time to time to issue bonds not exceeding in the $14,000,

whole the sum of Fourteen Thousand Pounds for such amounts as

he may deem expedient, and such bonds shall be in the form follow-

ing, that is to say-

NO. s NO. Form of bond.

South Australian Government Revenue Securities,

(Harbor and Tramway.)

I, the Treasurer of the Province of South Australia,

in consideration of thc sum of Pounds,

paid to me for the purposes of the Victor Harbor

Works and Tramway, do hereby bind myself to pay

2 1 to

to the holder, for the time being, of 'this present obli- gation, the sum of Pounds, and interest thereon after the rate of six per centurn per annum; such interest to be payable on the first day of January and the first day of July in every year, and the principal

, to be paid on the first day of , in the

year one thousand eight hundred and

Sealed with my seal. Dated the day of y

one thousand eight hundred and

Signed, sealed, and delivered, in

the presence of

NOTE,--Interest and princ@d, payable at the Treasury, in

Adelaide, South Australia, or [in London or in any other agreed place, to be declared at the time of issue] at such place as may be appointed, by notice to be given in the Soath Australian Government Gazette [and in the

London Gazette.]

And every holder of any such bond, for the time being, shall be entitled to all rights and remedies, under and in respect of the same, in the like mmner as though he had been named therein as the obligee thered

Bonds to bear intereet	2, The said bonds shall bear interest at the rate of Six Pounds per centum per annum; ard the interest and principal upon such bonds sbdl be payable and paid to the holder thereof, at such place and at such time as may be spccificd or provided therein: Provided that the principal shall not be payable or paid before the expiration
at six per cent.
When pay able.	of twenty years, and the period fixed for payment of the principal
shall not exceed forty-five years.
Moneys rsised Ir
bonds how appfied.	3. All sums of money raised and received by the Treasurer upon the security of the said bonds, shall be carried by the said Treasurer to the credit of the Commissioner of Railways, for the purposes of this Act, and shall be by him paid to the said Commissioner, in his hand, may, from time to time, authorize and direct. such amount and manner as the Governor, by any warrant under

sum ta aet apart 4+ It &a31 be lawful for the said Treasurer, and he is hereby

annually for payment required, in each and cvery year from the first raising of any sums

o p r c p i n

terest.

of monev under the authority hereof, until the whole amounts so raised aGd all interest therebn shall have been duly paid, to set apart such sum as shall suffice to pay the amount of bonds redeem- able during such year, together with interest upon dl bonds which shall then bear interest; and shall apply such sum in payment of such bonds. and interest as aforesaid, in manner specified in such bonds.

Plnnstob prepared.

5. The Commissioner of Railways shau forthwith prepare, or cause to be prepared, plans and sections of thc works necessary for the completioil of the jetty at Victor Harbor; and also plans and sections

sections of a tramway, to be worked by horse~power, from some point on the present Goolwa and Port Elliot 'l'ramway, to the works at Victor Harbor aforesaid; and such plans shall show all landa which shall be deemed necessary to be entered upon, used, or taken for the purposes of such jetty and tramway, and the same shall be deposited in the office of the Surveyor-General.

6. Copies of the said plans and sections shall be laid before both T o be laid befor*

Parliament.

Houses of Parliament as soon as completed, or if Parliament be not

then sitting, within fourteen days after the then next sitting thereof

for the dispatch of business.

7. The Lands Clauses Consolidation Act shall be incorporated Incorpmation of	general
No. 6 of Ordinance 1847.

with and form part of this Act.

8. AS soon as such plans and sections s l d l be deposited in the Power to make tram- way according to de-

office of the Surveyor-General, it shall be lawful for the Commissioner	posited planas
of Railways to make and maintain thc said line of tramway, branches, extensions, roads, and works, in and upon the lands delineated in the said plans, and to enter upon, use and take such of the lands delineated and referred to in such plans, as shall be or be deemed necessary for such purposes, or either of them.

9. I t slrall bc Xawful for the said Commissioner of Railways, in Crominga on thele.re1.

the construction of the tramway and branches by this Act authorized

to be made, to carry thc sanic on the level across aqy roads.

10. I t shall be lawful for the said Commissiorler to stop and Commiis~ioner may

close, either wholly or in part, such of the roads shown upon the stopr0ads

said plans, at the point of intersection by the said proposed tramway,

as he may from bime to time deem expedient: Provided that the

owners and occupiers of all lands which shall ab~zt upon any road

so stopped, sha1lAbe entitled to receive fill1 cornpcnsation in respect of any loss or damage to be occasiolied by such stoppage; and the amount and application of any such compensation shall be determined in manner provided by the Lands Clauses Consolidation Act, for

paid for lands taken under the provisions thereof. determining thc amount and application of the compensation to be l l. Whcn any road shall have been stopped or closed, in whole ~ommi'sai.oner may

or in part, by virtue of the power so hereinbefore given, it shall be convey lands.

lawful for the said Commissioner to convey such road, so far as

the sarnc may be stopped or closcd, or any part thereof, to the owner

of the land upon which such road, or part of a road may abut.

12. The said Commissioner shall, with respect to all roads shown commh8i,er td ham

upon the said plans, have all the rights, authorities, and powers of p. ower of Commia-

Commissioners of Roads under an Act, No. 17, of 1852, " For the A C ~.	sionere under Road
making and improving of Roads in South Australia."

13. It shall be lawful for the Governor, from time to time, by ~ ~ ~ ~ ~ ~ d i ,

~ t k r r a ~ t repaid.

warrant under his hand, to authorize the Treasurer to advance and pay to the said Commissioner, for the purposes of this Act, any sums of money not exceeding in the whole the sum of Fourteen Thousand Pounds; and any sums of money so aclvailced and paid shall be re-

tained by the Treasurer out of any moneys authorized to be raised

or applied by him under authority hereof.

Exemption from local	14. The tramway and branches by this Act authorized to be con- structed, shall be, and arc-hereby declared to be, cxempt from sewers, highway, municipal, police, improvement, and a11 other local
rates.
rates and taxes.

Short title of Act. 15. In citing this Act, in other Acts arid legal instruments, it shall

be sufficient to describe it as	The Victor Harbor Works and Tram-
way Act, 1862."

In Her Majesty's name I assent to this Bill.

D. DALY, Governor.