Burra and Hallett Railway Act.-1876. nothing herein contained shall be construed to prevent an extra charge being made for the use of engines and carriages for special and express trains: Provided also that nothing herein contained shall preclude private individuals from contracting with the said Commissioner for permission to use their own trucks or carriages upon the said Railway. Tolls. 6. In addition to the prescribed tolls for the conveyance of articles, Regulations as to the said Commissioner may charge a reasonable sum for loading and unloading: Provided always that the owners of goods shall be at liberty to employ their own servants for loading and unloading, subject to the regulations in force for the time being for the working of the said Railway. mined. 7. The weight of all articles, except stone and timber, shall be Weight how deterdetermined according to the usual avoirdupois weight; with respect to stone and timber, fourteen cubic feet of stone, and forty cubic feet of hard wood, and fifty cubic feet of other timber, shall be deemed one ton weight, and so on in proportion for any smaller quantity: Provided that any less quantity than half a ton may be charged as half a ton. 8. Notwithstanding the rate of tolls hereinbefore prescribed, the said Commissioner may lawfully demand the tolls following, for small packages and single articles of no great weight, that is to say For the carriage of any parcel not exceeding twenty-eight For any parcel not exceeding fifty-six pounds in weight, not For any parcel not exceeding one hundred and twelve pounds For the carriage of any one boiler, cylinder, or single piece of Provided that articles sent in large aggregate quantities, although Tolls for separate parcels. 9. In all cases where any article, matter, or thing, not being a Fixed sum per ton small package, shall be carried or conveyed along the said Railway for short distances. for so short a distance that the sum of money authorized by this Act to Goods, when to be removed. Passengers' Luggage. Appropriations of tolls, &c. Annual abstract of accounts to be published. Exemption from rates. Burra and Hallett Railway Act.-1876. to be demanded or received for the same shall not amount to the sum of Three Shillings per ton, the sum to be paid in respect to the carriage thereof shall be Three Shillings per ton. 10. Owners or consignees of articles shall remove the same from the station or terminus of their destination on the said Railway within twelve working hours after their arrival there, unless such arrival shall be between the hours of four in the evening and seven in the morning, and in that case every such removal shall be made within six hours after such hour in the morning, and in default of such removal shall be liable to demurrage at and after the rate of Two Shillings and Sixpence per ton; and further, if not removed after the expiration of twenty-four hours at and after the rate of One Shilling per ton for every twenty-four hours or any part thereof: Provided, nevertheless, that if such articles be not removed from such station or terminus of their destination before the end of one week after their arrival there, the sum of Two Shillings and Sixpence per ton per week shall be charged and payable in respect of such goods for the warehouse-room thereof. 11. Every passenger travelling upon the said railway may take with him his ordinary luggage not exceeding one hundred pounds in weight for first-class passengers, and sixty pounds in weight for other passengers, without any charge being made for carriage thereof. 12. All tolls, rents, dues, charges, and sums of money which may at any time be received and levied under authority hereof, and all rents to arise from any lease of the said Railway, shall be from time to time, in such manner as the Governor may prescribe, paid to the Treasurer for the public purposes of the said Province. 13. The said Commissioner shall, on or before the first day of August in every year, prepare an annual account in abstract of the total receipts and expenditure under authority hereof for the Railway by this Act authorized to be constructed, from what source soever the same may be derived, for and during the preceding year ending the thirtieth day of June, under the several distinct heads of receipts and expenditure, with a statement of the balance of the same account duly audited and certified by the Treasurer, and also by the Auditor-General, and a copy of such account shall be published in the Government Gazette. 14. The Railwayby this Act authorized to be constructed shall be, and is hereby declared to be, exempt from all rates and taxes whatsoever, whether local or general. In the name and on behalf of Her Majesty, I hereby assent to this Bill. A. MUSGRAVE, Governor. Adelaide By authority, W. C. Cox, Government Printer, North-terrace. An Act to consolidate in one Act certain provisions with regard to the Construction of Railways at the public expense. [Assented to, 20th September, 1876.] HEREAS it is in contemplation to seek the authority of Preamble. W Parliament to make, construct, and maintain, at the public expense, certain lines of Railway: And whereas it is expedient to comprise in one General Act certain provisions with regard to the construction of such railways, and any other railways which may hereafter be authorized by Parliament to be constructed at the public expense, and that, as well for the purpose of avoiding the necessity of repeating such provisions in each of the several Acts relating to such undertakings, as for securing greater uniformity in the provisions themselves-Be it therefore Enacted by the Governor 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. This Act may be cited for all purposes as "The Railways Short title. Clauses Act, 1876." 2. This Act shall apply to every railway which shall by any Act of this present or any future Session of Parliament be authorized to be constructed at the public expense, and this Act shall be incorporated with such Act and all the clauses and provisions hereof, save so far as they shall be expressly varied or excepted by any Act, shall apply to the railway authorized thereby so far as the same shall be applicable to such railway, and shall, A as Act to apply to all railways constructed at public expense. Commissioner may shall have certain powers, &c. The Railways Clauses Act.-1876. as well as the clauses and provisions of every other Act which shall be incorporated therewith, form part of such Act, and be construed together therewith as forming one Act. 3. The Commissioner of Railways (hereafter called "the said enter upon lands, and Commissioner") may, for the purpose of constructing, making, and maintaining any line of railway so authorized to be constructed as aforesaid, enter upon, use, and take such lands as shall be, or be deemed necessary, and shall also have and exercise the like powers and authorities as are conferred upon him by "The Railway Commissioners Act," No. 11 of 1859, in respect to the undertakings therein mentioned: And the said Commissioner shall be deemed to be the "Promoters of the Undertaking" mentioned in "The Lands Clauses Consolidation Act," and shall and may have and exercise all the powers and authorities by such Ordinance vested in "The Promoters of the Undertaking;" but the provisions in such Ordinance limiting a time for the compulsory purchase or taking of land shall not be applicable to any Act authorizing the construction of any line of railway, as aforesaid, and the said Commissioner shall be deemed to be "The Company" mentioned in "The Railways Clauses Consolidation Act," and shall and may have and exercise all the powers and authorities by such Ordinance vested in the Company; but nothing in such Ordinance contained shall be held to limit or restrict the power to make deviations herein contained, or to impose limits of deviation whether lateral or as to level, and the said Commissioner shall not be liable to any penalty imposed by either of the said Ordinances; and the said Commissioner shall, with respect to all roads shown upon the plans and books of reference of any line of railway, have all the duties, powers, and privileges of the Commissioner of Main Roads, under the Main Roads Act, 1874," and any Act hereafter amending the same. Commissioner, &c., may enter lands to survey same. Compensation to be made and how ascertained. If not exceeding £50 66 4. The said Commissioner, and all surveyors employed by him, and all persons acting under the directions of the said Commissioner or such surveyors, may, for the purpose of surveying any line of railway, for the making of which it may be contemplated to obtain Parliamentary sanction, enter and remain for a reasonable time upon any land in the said Province, and may drive and leave pegs in, and make and leave other survey marks on, such land. 5. The owner or occupier of any land so entered upon as aforesaid shall be entitled to compensation for any damage or injury sustained in exercise of the powers conferred by the last preceding clause, and such compensation shall be ascertained in the same manner as compensation is directed to be ascertained under the Lands Clauses Consolidation Act. 6. If the compensation claimed under the last preceding clause compensation may be shall not exceed the sum of Fifty Pounds, the same, at the option of the said Commissioner, or of the person entitled thereto, may be assessed by nearest Local Court of Full assessed The Railways Clauses Act.-1876. assessed by and before the Local Court of Full Jurisdiction nearest the land in respect of which such compensation shall be payable: Provided that each party shall have at least fourteen days' notice in writing of such intended assessment, and may appear by himself or by agent or counsel, and examine and cross-examine witnesses upon the said assessment. of any alleged tres 7. No civil or criminal proceeding shall be instituted or proceeded No action in respect with against the said Commissioner, or any surveyor employed by pass for survey purhim, or any person acting under the directions of the said Com- poses. missioner or such surveyor, in respect of any alleged trespass connected with the making of any surveys connected with railways authorized to be made or contemplated to be made as aforesaid. 8. If any person shall wilfully, without the written permission of the said Commissioner, pull up, remove, destroy, or injure any peg or other survey mark heretofore or hereafter driven, made, or put up by or under the direction of the said Commissioner, or of any surveyor employed by him, or of any person acting under the directions of the said Commissioner, or such surveyor, in connexion with any line of railway authorized to be constructed, or the construction of which may be contemplated as aforesaid, such person shall for every such offence be liable to forfeit and pay a sum not exceeding Fifty Pounds, at the discretion of the Justices before whom the complaint shall be heard, to be recovered in a summary way before any two or more Justices of the Peace, or to be imprisoned for a term not exceeding six calendar months with hard labor, at the discretion of the said Justices. 9. In all or any cases where easier gradients may be obtained, or where public convenience may be better served, the said Commissioner of Railways may make such deviations from the line of railway which may from time to time be by any Act authorized to be constructed as he may deem expedient for obtaining such easier gradients or better serving the public convenience; but previously to making any such deviations the said Commissioner shall cause such deviations to be delineated in plans and books of reference to be deposited in the office of the Surveyor-General, at Adelaide, and signed by the said Commissioner and by the Engineer-in-Chief of the said Province for the time being, and shall also cause copies of such plans and books of reference to be laid before both Houses of Parliament for the space of twenty days at least: Provided that nothing herein contained shall empower the said Commissioner to alter any terminus of any line of railway so authorized to be constructed as aforesaid. crossings. 10. The said Commissioner, in the construction of any line of Commissioner may railway so authorized to be constructed as aforesaid, may carry the cry railway on level same on the level across such roads as he may think fit, and it shall not be incumbent to make the ditches at level crossings required by Act No. 6 of 1858, on any part of the said line of railway |