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are the holder of section

Crown Lands Act.-1878.

in the Hundred of

in the

said province under an agreement dated the day of 18 and that it is expedient that you should be summoned to be examined touching and concerning the said land and the compliance with or the breach or violation by you of the provisions of the "Crown Lands Consolidation Act" or any Act thereby repealed and the terms and conditions of the said agreement These are therefore to command you in Her Majesty's name that laying aside all and singular business and excuses you be and appear on the noon at

18

at

o'clock in the

day of before such Justices of the Peace or Special Magistrate as may then be there and continue in attendance until discharged to be examined touching and concerning the several matters and things referred to in the said information [(and if so) and also have you then and there

and all agreements deeds documents books and other writings in your possession custody or control relating to the several matters and things aforesaid]. Given under my hand and seal this year of our Lord 18

at

in the

day of
in the province aforesaid.

J.P. (L.S.)

Between

To

"Crown Lands Consolidation Act."-Summons to Witness.

of

THE FOURTH SCHEDULE.

complainant, and

defendant. in the Province of South Ausfralia. Whereas information has been laid before me the undersigned [or ] one of Her Majesty's Justices of the Peace in and for the said province that the above-named defendant is the holder of section in the Hundred of

in the said province under an agreement dated the day of 18 and that it is expedient that the said defendant should be summoned to be examined touching and concerning the said land and the compliance with or the breach or violation by him to the provisions of the "Crown Lands Consolidation Act" or any Act thereby repealed and the terms and conditions of the said agreement And whereas it bath been suggested to me that you are likely to give material evidence on behalf of the on this behalf. These are

therefore to command you and each of you in Her Majesty's name that laying aside all and singular business and excuses you be and appear on

day of

noon at

18

at

the

o'clock in the before such Justices of the Peace or Special Magistrate as may then be there and so on from day to day until discharged to testify all and singular those things which you or either of you know concerning the matter of the said information on the part of the

[and if so (and also have you then and there

and all agreements, deeds, documents, books, and other writings relating to the several matters and things aforesaid].

Given under my hand this

day of

A.D. 18

J.P.

Adelaide By authority, E. SPILLER, Government Printer, North-terrace.

[graphic][subsumed][subsumed][subsumed][subsumed][merged small][merged small][merged small]

An Act to provide for the formation of a Line of Railway from
Moonta to Moonta Bay Jetty.

WHERE

[Assented to, 30th November, 1878.]

HEREAS it is expedient to provide for the construction of a Preamble. Line of Railway from Moonta to Moonta Bay Jetty: 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. Moonta to Moonta Bay Jetty, 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 hereafter be so deposited, pursuant to any law for the time being in force respecting such deposit of the said plans,

3. The

Gauge.

Power of Commissioner.

Tolls.

Tolls for passengers and cattle.

Tolls to include use of motive power.

Regulations as to tolls.

Moonta to Moonta Bay Jetty Railway Act.-1878.

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 steel, 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 and 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 and 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 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 toll for the conveyance of articles,

the

Moonta to Moonta Bay Jetty Railway Act.-1878.

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 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 said Commissioner may lawfully demand the tolls following, for parcels. small packages and single articles of no greater 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 authorised 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.

removed.

10. Owners or consignees of articles shall remove the same from Goods, when to be 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

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