Wellington Ferry Act 1848 (SA)

No* 4.

ORDINANC% cnacted by the Governor of South Australia, with tAe advice

and conscnt of the Legislative Council thereof.

To Establish a Perry at Wellington on the River Murray. L&,*~L C E(-

A p P.2 - /g&**

---

>f.aps, in the Survey Office at Adclaide. 11.-AND

[21d July, 1848.3

WHmmis it is expedient that a Ferry should be established Preamble. 7

across the River Murray, at Wellington, and that such rcasonable	5 1
Toll as hereinafter mentioned should be paid by persons using the said Ferry, and that Provision should be made for Leasing the said Ferry and Collecting the Toll thereof:	1

BE IT THEREFOEE ENACTED	by the GOVERNOR	OF SOUTH	AUSTRALIA,	Establishment
Ferry at Wellington.

with the advicc and conscnt of the LEGISLATIVE COUNCIL thereof-

THAT a Ferry shall be, and is, hereby, established across the River

Murray, at a place near Wellington, on the said River, surveyed

and laid off by the Surveyor-General, and delineated on the Public %

Tolls to be paid by 11.-Am BE IT ENACTED, that the several Tolls rncntioned in the

persons using the Perry.	Schedule to this Ordinance shall be payable, and be paid by pexsons
using the said Ferry, to the person entitled under this Ordinancc to
demand and receive the same.

Governor to appoint fit 111,-AND BE IT ENACTED, that it shall be lawful. for the

person as Lessor, who is	to sue in	Governor, from time to time, as occasion shall require, by notice in the
to have
his own name.	South Australian Government Gazette, to nominate and aw~oint some
fit and proper person by whom, and ;l whose name, a 6 Leasc or Contract for Letting the said Ferry and the Tolls thereof sliall be
made, and such person so nominated and appointed as aforesaid shall,
for that purpose, be deemed and taken to bc the Owner of the said
Ferry and the Tolls thereof, and shall and may institute and carry on
in his own name any Action, Suit, or other Procccding in Lam, or in Equity, or under any L ~ w now or hereafter to be in force within the
said Province, for the Regulation of Insolvents' Estates, touching or
concerning such Lease or Contract, or any Bond to be taken by such person as hereinafter mentioned: Pnovx~su that no such Leasc shall be for a longer period than TWO Years, and that in every such Lease there be contained a Clause for the Pal nlent of the ,$tent of the said Ferry quartcrly to the Colonial ~ r c a s i r m for the time being,
who is hereby autliorised to receive the said rents, and to give
receipts for the payment of the same, vhich rcceipta shall be valid discharges at Law and in Equity for the same.

Bond to be takenfrom	IV.-AND	BE IT ENACTED.	that such ucl*son so nominated and	L
person taking Lease, and

depoaitea vit6 colonial appointed as aforesaid shall, at the time of cxecuting any such

Secretary. Lease of the said Fcrry, demand and take from the person t a l i i n ~ U

such Lease a Bond, *with two Sureties to be apy~oved by such person so nominated and appointed as aforesaid, in double the amount of the annual rent to be paid far the said Ferry and Tolls, conditioned for the true and faithfil payment of the Itcat reserved

by such Lease, and fulfilment of the covenants and conditions

Bond, and a counterpart of every such Lease, shall be deposited by	therein contained by the person taking such Lease, r~nd that the said	the person so nominated and appointed as aforesaid, in the Office of
the Colonial Secretary for the time being.

Lesaee to have power	V.--AKD BE IT EXACTED,	that after the execution and delivery of
to take Tolls, and to

detaingoodsandc~l~t&, e-

such 1,ease and Bond as aforesaid, it shall be lawful for the Lessee, by himself, or his servants, to have and demand of and from a11 persons using the said Ferry, the several Tolls specified in the Schedule to this Ordinance, and to detain the goods and cllattels of any person using the said Ferry: until payment of the Tolls for the passage of such goods and chattel%: AXD it shall also be lawful for every such Lessee as aforesaid to sue any person, in any propcr Court of Law in this Province, for any Tolls due by such person to such

and to sue for Toll.

Lessee

Lessee as aforesaid, and every Lessee as aforesaid shall have a right of

action against any person disturbing such Lessee in the peaceable ~, a to gaye right of

and lawful enjoyment of the said Ferry, which action shall not abate ~ ~ i ~ n ' f d i ~ t u ~ ~ ~ d *

by reason of the determination of the tenancy of any Lessee thereof:

and it slmll he sufficient, in any such last-mentioneci action, to lay the

title to such Ferry to be in such Lessee thereof, at the time of the

committing the disturbance, by stating that such Lcsscc was then

entitled, by virtue of this Ordinance, to the Wellington Ferry, and

such titlc shall bc dccmcd and taken to be proved by production

and proof of the Lease under ~5-hich such Lessee held the said Ferry

at thc timc of the act complained of, and upon such proof, and proof

of the act complained of, such Lessee shall be entitled to recover

his damages and costs of suit, in the same manner, to all intents

and purposes, as he wouId be entitled to recover if hc wcrc the

owner in fee simple of the said Ferry at the time of the act com-

plained of, and of the commcnccmcnt of the suit.

V1 .-AND BE IT ENACTED, that every Lessee, for the time being, Lessee may be sued.

of the said Perry, shall and may be sued by any pcrson, and pro- secuted by informatim to be exhibited by the Advocate General, for all such and the same causes for which the owner of a Ferry in fee simple might or could be sued or be prosecuted by indictment in England, and in every such action and prosecution, the title of such Lessee to such Ferry shall and may be stated and proved as in actions to be brought by such Lessee under this Ordinance.

VIT,-~ND BE IT ENACTED, that the person so to bc nominated E,"!$prnotliable to be

and appointed, as in thc third section of this Ordinance mentioned, s l d l not be liable to any action, suit, or prosecution to which the Lesscc of thc said Fcrry is by this Ordinance made liable, nor to any other action, suit, or prosecution, to which the Owner of any Fcrry in fcc simple is by l a v Liable.

When no Lessee, Mana-

VII1.-AXD BE IT ENACTED, that until any such Lease of the said ger to appointed.

Ferry and the Tolls thereof shall be made, and during any time when there shall be no Lessee of the said Ferry and the Tolls thercof, it shall be lawful for the Governor to appoint by notice in thc South Australian Government Guxette some person to be the Manager of the said Ferry, who shall be styled the "Manager of Wellington Perry ;" and it shall be lawful for such Manager, by himself or his servants, to demand and have of and from all persons using the said Ferry, the Tolls mcntioncd in the Schedule to this Ordinance; and such Manager shall have all such and the same rcmedies for enforcing payment of the same Tolls, and for disturbance of the said Ferry, as are by this Ordinance given to the Lessee of the

said Fcrry and the Tolls thereof.

I X. A N U

Person last nominated	=.-AND	BE IT ENACTED,	that the person who shall be last
as Lessor may sue, &c.

nominated and appointed as the person by whom, and in whose

name, any Lease or Contract for letting the said Ferry and the Tolls thereof shall be made, after the first nomination and appointment shall have been made under this Ordinance, shall be deemed and taken to be the owner of the said Ferry, with the Tolls thereof, within the mcaning of the third section of this Ordinance, notwithstanding any previous nomir.ation and appointment of any other person; and such person so last nominated and appointed as aforesaid, shall and may commence and prosecute any action, suit, or other pro- ceeding at law or in equity against any Lessee or Surety, for enforcing

the payment of any rent, or for the performance of any covenant or

condition, or for the brcach of any covenant or condition by any Lessee, in the name of the person having the ri4ht of action in any such case, upon his indemnifying that person, hla heirs, executors, and administrators, as the case may bc, of and from the costs, charges, and cxpences of any such action, suit, or other proceeding as aforesaid.

Gorernor may raise or X.-AXD BE IT ENACTED, that it shall be lawful for the Go-

lower the Tolls~	vernor to lower the Tolls by this Ordinance spccificd, and fiom time to time, to raisc the said Tolls to an amount not exceeding thc amount specified in the Schedule to this Ordinance, which tolls so lowered or raised shall be published for general information in the South Aus-
trulian Government Gaxette, one calendar month at least before the
same shall be payable, after which time such lower or raised tolls,
Proviso.	and none other, shall be demanded and taken: PROVIDED that the
said Tolls shall not be lowered during any Lease of the said Ferry,
without the written consent of the Lessee of the said Ferry.

Governor may make bye- XI.--AND BE IT ENACTED, that it shall be lawful for the

laws.	Governor, from time, to time, to make, constitute, and ordain, and
ment of the said Ferry; and fox the prevention of hindrance or see fit, rules, orders, and bye-laws for the regulation and manage- also from time to time to repeal, alter, add to, or amend, as be shall
accidents; and such rules, ordcrs, and bye-laws, not being repug- nant to law, shall have force and effect from and after One Calendar Month next after the same shall haw bccn published in the South
Australian Governmel~t Gazette.
Name of Lessee or

Manager, and Ferr!.man,	XIL-AND BE IT ENACTED,	that the name of the Lessee or
together with tolls and

bye-laws, to be exhibited	Manager, and of the Ferryman, and a Table of the Tolls, and also
on a board.	all such rules, orders, and bye-laws as shall be in force, shall be painted on boards in legibl& characters, and affixed in some conspicuous place on each side of the river, near the said Ferrj7, under a penalty of twenty sllillings for each day's default of compli- ance herewith.

XI11.-Am

Any Ferryman refuaiag,

XII1.-AND BE IT ENACTED, that if any Ferryman of the said neglecting, or delaying

Ferry, or his Assistant, shall refuse or neglect, or for an unreasonable

to ferry any pereon over

the river, between run-

time delay, on the application of any person desirous to cross the

rise and sun-get, liable

to pay a penalty not ex-

said Ferry, to ferry such person over the river, or his cattle, carriages,

ceeding 408,

or goods, at any time of the day betwcen sun-rise and sun-set, such Ferryman or his Assistant so offending shall, on conviction before one or more Justices of the I'cace, forfeit and pay such penalty not exceeding Forty shillings, as to the said Justice or Justices shall sccm fit.

Pines way be rece~ersd

X1V.-AND BE IT XNACTED, that all fines and penalties imposed in a summary way.

by this Ordinance, may be lcvied and recovered in a summary way, bcforc any one or more Justices of the Peace, in manner pro- vided by the Laws of the Province in force for the timc being for regulating summary proceedings before Justices of the Peace.

XV.-AND BE IT &ACTED, that all Tolls and Dues not being let Appropriation clause.

to farm, and all rents, fines, forfeiturcs, penalties, and other sums of money received, lcvied, or imposed by virtue of this Ordinance, shall be paid and appropriated to the Colonial Treasurer, on behalf of

Her Majesty, Her Hcirs, and Successors, for tllc p ~ ~ b l i c uses of the

Province, and the support of the Government thcrcof.

XV1.-AND BX IT ENACTED, that in the construction of this Construction clause,

Ordi~lance, the words 'C great cattle" shall be taken to mean horned cattle, horses, camels, mules, and asses, male and female, with their offspring; and the words small cattle" shall be taken to mean

sheep, goats, and s~vi~ie, male and female, with their offspring;

and the word " cattle"	s l d l be construed to meau the whole of the
aforesaid anirnals.

XVII.-AN~ BE IT ENACTED, that this Ordinance shall come into Commenoement,

operation from the first day of August now ncxt ensuing.

FREDIC. H. ROBE.

Lieutenant-Governor.

Pwwd tRe Legislative C o m ciZ this Twenty-

$r1"9t dny of Ja ly, One thousand eight

hundred and forty-eight.

TV. L. HALLORA RAN,

Clerk of ~ouncil.

SCHEDULE.

SCHEDULX.

Each passenger ...................................................... 0 3

Every head of great cattle .......................................... 0 3

Every head of small cattle ..................... .....,......,..... ...

Every carriage of whatever description, exclusive of the $ :

animals drawing the same ....................................

Goods when carried over unloaded, per cw t, .................. 0 l$

Or, at such equivalent rates per package as may be stated in the

bye-laws.

One-half extra of the above Tolls, to be charged for crossing between

the hours of sun-set and sun-rise.

Any person using the causeway leading t o the Ferry for the purpose of crossing cattle or any carriage over the river, to pay the same

Toll as for the use of the Ferry-boat.

ADELAIDE; Printed by authority by John Btephens, Hindley-street.