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Kapunda and North-West Bend Railway Act.—1876.

with, as the same is delineated in the said plans so deposited at the offices of the Surveyor-General at Adelaide as aforesaid, or as may be delineated on any plans which may hereafter be so deposited, pursuant to any law for the time being in force respecting such deposit of the said plans.

Gauge.

3. The gauge of the said Railway shall be five feet three inches, and the rails to be used in the construction thereof shall be of iron, and of the weight of not less than forty pounds to the yard.

Powers of Commis. sioner.

4. The said Commissioner may demand any tolls for the use of the said Railway, not exceeding the following, that is to say,

Tolls.

1. In respect of the tonnage of all articles conveyed upon the said

Railway, or any part thereof not in this Act otherwise par

ticularly specified, the rate of Ninepence per ton per mile: For wool, measurement goods, fruit, and furniture, One Shilling

per ton per mile. For every description of carriage, not being a carriage adapted

and used for travelling on a Railway, and not weighing more than one ton, carried or conveyed on a truck or platform, One Shilling and Threepence per mile; and for any ton or fractional part of a ton beyond one ton which any carriage

may weigh, Eightpence per mile: 11. In respect of passengers and animals conveyed upon the

said Railway in carriages, whether belonging to the said

Commissioner or otherwise, as follows-
For every person conveyed in or upon any such carriage, being

a first-class carriage, or compartment of a carriage, Fourpence

Tolls for passengers and cattle.

per mile:

For every person conveyed in a second-class carriage, or com

partment, Threepence per mile: For every horse, mule, ass, or other beast of draught or burden,

conveyed upon the said Railway, Sixpence per mile; and for every ox, cow, bull, or neat cattle so conveyed, Twopence per

mile: For every calf, sheep, lamb, pig, or other small animal con

veyed in or upon the said Railway, One Halfpenny per mile: Provided always, that for every fraction of a mile a full mile may be charged, and that for any shorter distance than three miles, three miles may be charged.

Tolls to include use of motive power.

5. In the said tolls shall be included the toll for the use of the carriages, and of the engines or other means used for propelling the carriages on the said Railway, and no further charge than is heretofore stated shall be made therefor: Provided that

nothing

Kapunda and North-West Bend 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

6. In addition to the prescribed tolls for the conveyance of Regulations as to articles, the said Commissioner may charge a reasonable sum for tolls. 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 Weight, how deterbe determined 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 Tolls for separate

parcels. said Commissioner may lawfully demand the tolls following, for small packages and single articles of no great weight, that is to sayFor the carriage of any parcel not exceeding twenty-eight

pounds in weight, not exceeding One Penny per mile

each :
For any parcel not exceeding fifty-six pounds in weight, not

exceeding Three Halfpence per mile each :
For any parcel not exceeding one hundred and twelve pounds

in weight, not exceeding Twopence per mile each ; and
not exceeding One Penny per mile each for every addi-

tional fifty-six pounds in weight:
For the carriage of any one boiler, cylinder, or single piece of

machinery, or single piece of timber or stone, or other
single article, the weight of which shall exceed four tons,
the said Commissioner may demand such sum as he shall

think fit:
Provided that articles sent in large aggregate quantities, although
made

up of separate parcels, such as bags of sugar, coffee, meal, and the like, shall not be deemed small parcels, but such term shall apply only to single parcels in separate packages.

9. In all cases where any article, matter, or thing, not being a Fixed sum por ton for small package, shall be carried or conveyed along the said Railway short distances. for so short a distance that the sum of money authorized by this Act

to

Kapunda and North-West Bend 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.

Goods, when to be removed.

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.

L'assengers' Luggage.

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.

Appropriation of tolls, &c.

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.

Annual abstract of accounts to be published.

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.

Exemption from rates.

14. The Railway by 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.

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An Act to provide for the formation of a Line of Railway from

Gladstone to James Town.

(Assented to, 27th July, 1876.] HEREAS it is expedient to provide for the construction of a Preamble.

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wbereas plans of the proposed Railway, showing the line thereof, together with the book of reference thereto, have been duly prepared and deposited in the offices of the Surveyor-General, at Adelaide, and signed “H. C. Mais, Engineer-in-Chief”—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. “The Lands Clauses Consolidation Act,” and an Act, No. 26 Incorporation. of 1855-6, to amend “ The Lands Clauses Consolidation Act,” and “ The Railways Clauses Consolidation Act," and an Act, No. 6 of 1858, to amend “The Railways Clauses Consolidation Act,” so far as the same are severally applicable to this Act, shall be incorporated therewith, and the said Acts shall be read and construed together accordingly.

way.

2. The Commissioner of Railways, hereinafter called “The said Power to make railCommissioner,” may make and maintain a Line of Railway from Gladstone to James Town; together with all proper works and conveniences connected therewith, as the same is delineated in the said plans so deposited at the offices of the Surveyor-General at Adelaide as aforesaid, or as may be delineated in any plans which

may

The Gladstone and James Town Railway Act.—1876.

Bato of speed.

Gauge.

Powers of Commissioner.

Tolls.

may hereafter be so deposited, pursuant to any law for the time being in force respecting such deposit of the said plans.

3. Trains carrying goods, or goods and passengers, shall not travel at a greater rate of speed than fifteen miles an hour; and trains carrying passengers only shall not travel at a greater rate of speed than twenty miles an hour.

4. The gauge of the said Railway shall be three feet six inches, and the rails to be used in the construction thereof shall be of iron, and of the weight of not less than forty pounds to the yard.

5. The said Commissioner may demand any tolls for the use of the said Railway, not exceeding the following, that is to say1. In respect of the tonnage of all articles conveyed upon the said

Railway, or any part thereof not in this Act otherwise par

ticularly specified, the rate of Ninepence per ton per mile: For wool, measurement goods, fruit, and furniture, One Shilling

per ton per mile: For every description of carriage, not being a carriage adapted

and used for travelling on a Railway, and not weighing more than one ton, carried or conveyed on a truck or platform, One Shilling and Threepence per mile; and for any ton or fractional part of a ton beyond one ton which any carriage

may weigh, Eightpence per mile. 11. In respect of passengers and animals conveyed upon the

said Railway in carriages, whether belonging to the said

Commissioner or otherwise, as follows-
For every person conveyed in or upon any such carriage, being

a first-class carriage, or compartment of a carriage, Fourpence

Tolls for passengers and cattle.

per mile:

For every person conveyed in a second-class carriage or com

partment, Threepence per mile: For every horse, mule, ass, or other beast of draught or burden

conveyed upon the said Railway, Sixpence per mile; and for every ox, cow, bull, or neat cattle so conveyed, Twopence per

mile: For every calf, sheep, lamb, pig, or other small animal con

veyed in or upon the said Railway, One Halfpenny per mile: Provided always, that for every fraction of a mile a full mile may be charged, and that for any shorter distance than three miles, three miles may be charged.

6. In the said tolls shall be included the toll for the use of the carriages, and of the engines or other means used for propelling the carriages on the said Railway, and no further charge than is heretofore stated shall be made therefor: Provided that nothing herein contained shall be construed to prevent an extra charge being made for the use of engines and carriages for special

and

Tolls to include use of motive power.

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