An Act to amend Act No. 7 of 1875, "The Public Charities Act, 1875."

WH

[Assented to, 27th October, 1876.]

HEREAS it is expedient to amend "The Public Charities Preamble.
Act, 1875"-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 Public Charities Short Title. Act, 1876."

2. In this Act "the said Commissioners" shall mean the Commis- Interpretation. sioners to be appointed under this Act; and the words "Public

Charitable Institutions" and "Institutions," "Board of Management,"

gifts," shall be read and construed according to the interpretation

contained in section 1 of "The Public Charities Act, 1875."

3. The Governor may, from time to time, on the application of the Appointment of "Board of Management" of any particular Public Charitable Institu- Commissioners, tion, appoint three or more persons to be Commissioners of the charitable funds of such Public Charitable Institution; and until any such appointment shall be made, the Auditor-General, Under Secretary, and Under Treasurer shall continue to act as Commissioners in the manner provided by "The Public Charities Act, 1875."

4. The said Commissioners and their successors so to be appointed Commissioners to be shall be a body politic and corporate, by the name of "The Commis- body politic and corporate with powers.

sioners

Certain sections of

The Public Charities Act.-1876.

sioners of
(such blank being filled up with the
distinctive name of the institution), and by such name shall have
perpetual succession and a common seal, and by that name may sue
and be sued in all Courts of Law, and shall be capable to take,
purchase, and hold, and to sell, demise, exchange, and otherwise
dispose of all gifts whatsoever which may be made to the particular
Public Charitable Institution, of which they shall have been
appointed the Commissioners, and they shall stand possessed of the
said gifts in trust for the particular institution to which they shall
belong.

5. All gifts which shall hereafter be made to any Public Charitable Institution shall at once vest in the said Commissioners of the particular Public Charitable Institution for the purposes of this Act without any conveyance or assignment whatever; and in the event of any gift being made in trust for any such institution by any will or deed, it shall be a sufficient compliance with the trusts of such will or deed in that behalf, if the executors, trustees, or other persons in whom the immediate property or possession of such gift is vested, pay over, convey, or transfer the same (as they are hereby required to do) to the said Commissioners in their corporate name, whose receipt or release therefor shall be a sufficient discharge for such executors, trustees, or other persons as aforesaid.

6. The persons authorized to act as the Commissioners of charitable funds, under "The Public Charities Act, 1875," shall, immediately after the appointment of the said Commissioners, pay over, convey, or transfer to them in their corporate name any gift held in trust by them for the particular Public Charitable Institution which the said Commissioners represent.

7. Sections 5,6, 7, 8, 9, 11, 13 of "The Public Charities Act, 1875," Act of 1875 to apply shall alike apply to the said Commissioners for the purposes of this Act (so far as the same may be applicable thereto).

to Commissioners

under this Act.

Books of account to be kept and delivered to Auditor-General.

8. The said Commissioners shall keep proper books of account, showing the moneys received and held by them on account of the particular Public Charitable Institution they represent, and such account shall be balanced on the first day of July in every year, and they, the said Commissioners, shall procure their accounts to be delivered into the office of the Auditor-General, and shall attend at or within such time as shall be appointed, and have such accounts taken and passed, and in taking and passing such accounts all just Payment of expenses. allowances, including all charges and expenses incurred by them in the exercise of their duties under this Act, and of passing the accounts, shall be defrayed out of the moneys which shall come to their hands.

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 provide for the formation of a Line of Railway from
Kadina to Barunga Gap.

[Assented to, 27th October, 1876.]

WHEREAS, it is to

HEREAS it is expedient to provide for the construction Preamble. of a Line of Railway from Kadina to Barunga Gap: And, whereas 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.

2. The Commissioner of Railways, hereinafter called "The said Power to make RailCommissioner," may make and maintain a Line of Railway, from way. Kadina to Barunga Gap, 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

31

at

Gauge.

Powers of Commissioner.

Tolls.

Tolls for passengers and cattle.

Tolls to include use of motive power.

Kadina to Barunga Gap Railway Act.—1876.

at Adelaide as aforesaid, or as may be delineated in 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.

3. 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.

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

1. In respect of the tonnage of all articles conveyed upon the said Railway, or any part thereof not in this Act otherwise particularly 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.

II. 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 per mile:

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

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 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

Kadina to Barunga Gap Railway Act.-1876.

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 Regulations as to articles, 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.

7. The weight of all articles, except stone and timber, shall Weight how deterbe determined according to the usual avoirdupois weight; with mined. 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.

parcels.

8. Notwithstanding the rate of tolls hereinbefore prescribed, the Tolls for separate 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
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.

short distances.

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