PART I. Rights of authorities and companies, &c., to open roads. The General Tramways Act.-1884. work as aforesaid, or any works or defence connected therewith, shall be completed by or at the costs, charges, or expenses of the promoters under the provisions of this Act, the same shall thereafter be as fully and completely under the direction, jurisdiction, and control of the said authority, and be maintained by them, as any sewers or works. 15. Nothing in this or the special Act shall take away or abridge any power to open or break up any road along or across which any tramway is laid, or any other power vested in any road authority or other authority for any of the purposes for which such authority is respectively constituted, or in any company, body, or person for the purpose of laying down, repairing, altering, or removing any pipe for the supply of gas or water, or any tubes, wires, or apparatus for telegraphic or other purposes; but in the exercise of such power every such road or other authority, company, body, or person, shall be subject to the following restrictions, that is to say (1.) They shall cause as little detriment or inconvenience to the promoters as circumstances admit: (2.) Before they commence any work whereby the traffic on the tramway will be interrupted, they shal! (except in cases of urgency, in which cases no notice shall be necessary) give to the promoters notice of their intention to commence such work, specifying the time at which they will begin to do so; such notice to be given forty-eight hours at least before the commencement of the work: (3.) They shall not be liable to pay to the promoters any compensation for injury done to the tramway by the execution of such work, or for loss of traffic occasioned thereby, or for the reasonable exercise of the powers so vested in them as aforesaid: (4.) Whenever, for the purpose of enabling them to execute such work, the road authority shall so require, the promoters shall either stop traffic on the tramway to which the notice shall refer, where it would otherwise interfere with such work, or shore up and secure the same at their own risk and cost during the execution of the work there : Provided that such work shall always be completed by the road authority with all reasonable expedition: (5.) Any company, body, person, or authority shall not execute such work so far as it immediately affects the tramway, except under the superintendence of the promoters, unless they refuse or neglect to give such superintendence at the time specified in the notice for the commencement of the work, or discontinue the same during the progress of the work; and such company, body, person, or authority shall execute such work at their own expense, and to the reasonable satisfaction of the promoters: Provided that any additional The General Tramways Act.-1884. additional expense arising by reason of the existence of the 16. If any difference arises between the promoters on the one hand, and any road authority, or any gas or water company, or any company, body, person, or authority to whom any sewer, drain, wires, or apparatus for telegraphic or other purposes may belong, or any other company or authority on the other hand, with respect to any interference or control exercised or claimed to be exercised by them or him, or on their or his behalf, or by the promoters or lessees, by virtue of this or the special Act, in relation to any tramway or work, or in relation to any work or proceeding of the road authority, or other authority, company, body, or person, or with respect to the propriety of or the mode of execution of any work relating to any tramway, or with respect to the amount of any compensation to be made by or to the promoters, or on the question whether any work is such as ought reasonably to satisfy the local authority, or other authority, or body, company, or person concerned, or with respect to any other subject or thing regulated by, or comprised in, this Act, the matter in difference shall (unless otherwise specially provided by this or the special Act) be settled by an engineer, or other fit person, nominated as referee by the Governor, on the application of either party, and the expenses of the reference shall be borne and paid as the referee directs. PART 1. Difference between promoters and road authority, &c. 17. If the tramway authorised by the special Act be not com- If line not completed, pleted within the period limited thereby, then, on the expiration of powers to cease. such period, the powers granted to the promoters for making and completing the said tramway or otherwise in relation thereto shall cease and determine. 18. The promoters shall at all times keep the tramways in good Maintenance of tramrepair and working order, and after the end of the time allowed by ways. the special Act for constructing the tramways, the promoters shall provide and cause cars in sufficient numbers to travel along the tramways from the one terminal station to the other terminal station at least four times each way, between the hours of seven o'clock in the morning and eleven o'clock in the evening of every day except Sunday. purchase. 19. At any time after the expiration of fourteen years from the Government may time of the passing of the special Act, or of any period of seven years thereafter, it shall be lawful for the Government to purchase the said tramways and undertaking, at a price to be determined as follows, that is to say: Two arbitrators shall be appointed by the Government, and two arbitrators by the promoters, and all matters relating to such purchase shall be submitted to the decision of such arbitrators, and in all other respects such arbitration shall be conducted in accordance with and under and PART I. Power to sell undertaking with consent of Governor. Tramways not to be exempt from general Act. Government not bound to compensate. Rating clause. The General Tramways Act.-1884. and subject to "The Railways Clauses Consolidation Act," No. 7 of 1847: Provided that the Government shall not be compelled to abide by the event of the award if the Government shall give to the promoters, within one month of the award being given, notice in writing to that effect, and thereupon the promoters shall be at liberty to carry on and work the said tramway: And provided also, that the Government shall pay all costs of the reference and award, and all costs and charges incidental thereto. 20. The promoters may, with the consent of the Governor, sell the tramways and undertaking to any person or company, at such price and upon such terms as the promoters shall determine; and for the purpose of carrying out such sale, the promoters may grant, transfer, and assign the tramways and undertaking to the purchaser, and thereupon all the rights, powers, authorities, obligations, and liabilities of the promoters in respect of the undertaking shall vest in, may be exercised by, and shall attach to the purchaser as if the purchaser had been the original promoters. For the purposes of this section, the terms "promoters" shall include every person in whom for the time being the undertaking shall be vested, whether by purchase or by operation of law or otherwise. 21. Nothing in the special Act contained shall be deemed or construed to exempt the tramway thereby authorised to be made from any future revision and alteration, under the authority of Parliament, of the maximum rates of fares and charges authorised by the special Act. 22. If at any future time the Government shall construct or erect any line or lines of tramway or railway, the construction or erection of which may, or may be supposed to, injuriously affect, whether by competition or otherwise, the lines of tramway by the special Act authorised, the promoters shall not be entitled to receive or claim any compensation from the Government by reason of such damage or injury. 23. In each year after the year one thousand eight hundred and eighty-four the promoters shall pay to each Municipal Corporation and District Council within whose limits the tramway authorised by the special Act shall be laid, the following rates, namely:-To the Corporation of Adelaide rates calculated on the sum of One Hundred Pounds per mile, and to other Municipal Corporations and to all District Councils rates calculated on the sum of Twenty-five Pounds per mile, as the annual value of every mile in length of the tramways along any of the streets subject to the control of the said Corporations or District Councils, or the successors of such District Council respectively, in the same manner as rates declared and levied upon ratable property by virtue of "The Municipal Corporations Act, 1880," or the "District Councils Act, 1876," or of any Act amending the same respectively; and such rates shall form portion of the general revenue of such Corporation or District Council, or the successors The General Tramways Act.-1884. successors of such District Council respectively: Provided that, save as in this section provided, neither the tramways nor any works connected therewith, nor the cars, horses, engines, rolling-stock, or other things used in working the tramways, shall be liable to the payment of any municipal, district, or other local rates or taxes whatever. PART I. PART II. GENERAL PROVISIONS. CARRIAGES. PART II. 24. The promoters of tramways authorised by the special Act Power for promoters may use on their tramways carriages with flange wheels or wheels to use tramways with flange-wheeled suitable only to run on a grooved rail, and, subject to the carriages. provisions of this and the special Act, the promoters shall have the exclusive use of their tramways for carriages with flange wheels or other wheels suitable only to run on the prescribed rail. All carriages used on any tramway shall be moved by the power prescribed by the special Act, and where no such power is prescribed, by horses or mules only. No carriage used on any tramway which is hereafter authorised shall extend beyond the outer edge of the wheels of such carriage more than eleven inches on each side, nor measure in width more than seven feet and a half. 25. The promoters and any other person may from time to time make and enter into and carry into effect contracts, agreements, and arrangements for or with reference to the use by such other person of the tramways, and the tolls, rates, and charges to be paid for such use, and the terms and conditions of such user, and all incidental matters. LICENCES. Promoters may make arrangements for use of tramways. tramway may in granted to third Governor. parties by the 26. If, at any time after any tramway, or part of any tramway, Licences to use the shall have been for three years opened for general traffic in any certain events be district, it shall be represented in writing to the Governor by the road authority of such district, or by twenty inhabitant ratepayers of such district, that the public are deprived of the full benefit of the tramway, the Governor may (if he consider that prima facie the case is one for inquiry) direct an inquiry by a referee, under this Act, into the truth of the representation; and if the referee report that the truth of the representation has been proved to his satisfaction, the Governor may, from time to time, grant licences to any company or person to use such tramway, in addition to the promoters for such traffic, and with such carriages as are authorised by the special Act, subject to the following provisions, conditions, and restrictions, that is to say (1.) The PART II. In default of payment of tolls, licencees' carriages may be detained and sold. Licencees to give carried by them. The General Tramways Act.-1884. (1.) The licence shall be for any period not less than one year (2.) The licence shall be to use the whole of such tramway for (4.) The licence shall specify the tolls to be paid to the pro- (5.) The licencee or licencees, and their officers and servants, shall permit one person duly authorised for that purpose by the promoters, to ride free of charge in or upon each carriage of the licencee or licencees run upon the tramways for the whole or any part of the journey: (6.) The Governor may, at any time after the granting of any licence, revoke, alter, or modify the same for good cause shown to him. 27. If on demand any licencee fail to pay the tolls due in respect of any passengers carried in any carriage, it shall be lawful for the promoters, to whom the same are payable, to detain and sell such carriage, or if the same shall have been removed from tramway or premises of such promoters or lessees, to detain and sell any other carriages on such tramway or premises belonging to such licencee, and out of the moneys arising from such sale, to retain the tolls payable as aforesaid, and all charges and expenses of such detention and sale, rendering the overplus (if any) of such moneys, and such of the carriages as shall remain unsold, to the person entitled thereto. 28. Every licencee shall, on demand, give to an officer or servant account of passengers authorised in that behalf by the promoters entitled to be paid tolls by such licencee, an exact account in writing, signed by such licencee, of the number of passengers conveyed by any and every carriage used by him on the tramways. Licencees not giving account of passengers carried liable to penalty 29. If any such licencee fails to give such account to such officer or servant demanding the same as aforesaid, or if any such licencee, with intent to avoid the payment of any tolls, gives a false account, he shall for every such offence forfeit to the promoters, or to their lessees entitled to be paid tolls by such licencee, a sum not exceeding Five Pounds, and such penalty shall be in addition to any tolls payable in respect of the passengers carried by any such carriage. |