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The Broken Hill Proprietary Company, Limited's, Hummock Hill

to Iron Knob Tramways and Jetties Act.—1900.

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to be sation in the event

by two arbitrators, one to be appointed by the Company and the Amonnt of compenother by the person claiming conipensation, or an umpire to be

of dispute to be appointed by such arbitrators before entering upon the consideration determined by of the matters referred to them, and the provisions of the “ Arbitration Act, 1891,” shall apply to such arbitration as if this provision were a submission within the meaning of the said Act.

of tramways.

10. Section 6 of "The General Tramways Act, 1884,” shall not Mode of construction apply to the tramways and undertaking authorised by this Act.

Every tramway line shall be constructed and maintained with two rails, to be laid at a distance of three feet six inches from each other; and the rails used in the construction of every tramway shall be of iron or steel, and of the weight of not less than twenty pounds to the yard.

Iliasuovu wheels more than two

measure in width more

Jl. The third paragraph of section 24 of “ The General Tram- No carriage to extend

in the woods or N oonieme end beyond outer edge of ways Act, 1884,” commencing with the words “ No carriage used on any tramway” and ending with the words “ seven feet and a feet on each side, nor half,” at the end of such paragraph, shall not apply to the tram- than eight feet. ways and undertaking hereby authorised.

No carriage used on the tramways shall extend beyond the outer edge of the wheels of such carriage more than two feet on each side, nor measure in width more than eight feet.

12. The cars of the Company shall be drawn or propelled by Motive power. steam traction or other mechanical means, but no engine or carriage shall travel at a greater speed than twenty-five miles an hour.

13. Section 18 of " The General Tramways Act, 1884," shall Maintenance of

i tramways and number not apply to the promoters of or to the tramways and undertaking of

suci tanins of trams every week. authorised by this Act.

The Company shall at all times keep the tramways and jetties in good repair and working order, and, after the end of time allowed by this Act for constructing the tramways, the Company shall provide and cause carriages, cars, and trucks in sufficient number to travel along the tramways from one terminal station to the other terminal station at least twice a week each way, at such hours and times as shall be most convenient to the Company.

14. The tramways shall be completed within three years from the Period for completion passing of this Act.

of tramways.

15. The Company shall carry passengers, flux, and goods on the The Company to carry said tramways in the said carriages, cars, and trucks, to be provided passengers and goods, in sufficient number to travel along the tramways from one terminal to be used. station to the other terminal station at least twice a week as aforesaid, and shall allow the jetty to be constructed by it pursuant to this Act to be used for the shipping or unshipping of goods.

The

Tolls and rates therefor.

The Broken Hill Proprietary Company, Limited's, Hummock Hill

to Iron Knob Tramways and Jetties Act.—1900. - --The Company may charge for the carriage of passengers and goods tolls and charges at rates not exceeding those at present charged on the Government railways for the same distances, and in the case of goods for goods of a similar class, and may charge for the use of such jetty wharfage, tolls, rates, dues, and charges, not exceeding those at present charged by the Marine Board of South Australia for the similar use of jetties of a similar character under its control.

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16. The owners, consignors, or consignees of animals or goods carried on the tramways shall remove the same from their place of destination within a reasonable time after their arrival, to be fixed by the Company by by-law, and in default of such removal such owners, consignors, or consignees shall be liable to pay to the Company such reasonable charge until such removal, as shall be fixed by the Company by by-law.

Return of deposit.

17. The sum of One Thousand One Hundred and Twenty Pounds, being two per centum on the amount of the estimate in respect of the tramways, works, and undertaking authorised by this Act, which sum has been deposited by the Company with the Treasurer of the province in pursuance of the Joint Standing Rules and Orders of the Houses of Parliament of the province and in respect of the application for this Act, shall not be paid or transferred to or on the application of the Company unless the Company shall, previously to the expiration of the period of three years limited by this Act for the completion of the tramways hereby authorised to be made, complete and open the said tramways for the public conveyance of passengers.

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If tramways completed within three years, deposit to be returned.

18. If the tramways shall be so completed within the time so limited as aforesaid, the moneys so deposited shall be returned to the Company or its successors, or as it or they shall direct.

If portion of tram- 19. If within such period as aforesaid the Company open any porways opened for traffic a proportionate tion of the tramways for the public conveyance of passengers, then, part of fund to be

on the production of a certificate of the Engineer-in-Chief specifying returned.

the length of the portion of the tramways opened as aforesaid, and the portion of the deposit fund which bears to the whole of the deposit fund the same proportion as the length of tramways so opened bears to the entire length of the tramways hereby authorised, the Treasurer shall, on the application of the Company, order the said portion of the said deposit fund so specified in such certificate to be paid or transferred to the Company, or as it shall direct.

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20. If the said period shall expire before the Company shall have opened the said tramways for the public conveyance of passengers, the said sum of money so deposited as aforesaid, or so much thereof as shall not have been repaid or transferred to the Company or as it shall have directed, shall be applicable and, after due notice in

the

The Broken Hill Proprietary Company, Limited's, Hummock Hill

to Iron Knob Tramways and Jetties Act.–1900.

the Government Gazette, shall be applied towards compensating any person whose property may have been interfered with or otherwise rendered less valuable by the commencement, construction, or abandonment of the tramways, or any portion thereof, or who may have been subjected to injury or loss in consequence of the provisions of this Act or the exercise of the powers hereby conferred, and for which injury or loss no compensation, or an inadequate compensation, shall have been paid, and shall be distributed as such compensation as aforesaid in such manner and in such proportions as to the Supreme Court or any Judge thereof may seem fit, and if no such compensation shall be payable, or if a portion of the said sum of money shall have been found sufficient to satisfy all just claims in respect of such compensation, then the said sum of money, or such portion thereof as shall not have been repaid or transferred and may not be required as aforesaid, shall be forfeited to Her Majesty, and accordingly be paid or transferred to and form part of the revenue of the province in such manner as such Court or Judge thinks fit to order on application of the Attorney-General, or, in the discretion of the Court, if the Company shall be insolvent and an order has been made to wind it up, or a receiver has been appointed, shall wholly or in part be paid or transferred to such receiver or to the liquidator or liquidators, or to the Company, or be otherwise applied as part of the assets of the Company for the benefit of the creditors thereof.

21. All the powers conferred by this Act shall be deemed to be Powers conferred to

be in addition to in addition to, and not in derogation of, any other powers contained existing powers under in “ The General Tramways Act, 1881," save so far as any of such “The General Trampowers may be expressly varied or taken away, or may be inconsistent with the provisions of this Act.

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22. The Company may erect and construct on that piece of The Company may Crown lands secondly described in section 8 of this Act and on the

f this Act and on the construct a substanCrown lands consisting of the foreshore and land covered with the secondly described in

section 8 and on foresea below high-water mark in False Bay aforesaid, as delineated in shore the deposited plans, a jetty extending seawards from the said point with sea in False Bay. marked “A” on the deposited plan for a distance of four furlongs to the said point marked “L”on the deposited plans, or such portion of such jetty as the Company shall from time to time think proper, with all such necessary and proper works, buildings, approaches, roads, ways, tramways, and conveniences connected therewith, as the Company shall from time to time think proper: Provided the said jetty shall be constructed in a substantial manner.

The Company may from time to time, with the approval of the The Company may, Commissioner of Public Works, erect, make, and construct on the

na COIISUTUCU On the the Commissioner of said Crown lands in this section described such other jetties and Public Works, con

, struct other jetties, such wharves and quays, with all necessary and proper works, build- and ings, approaches, roads, ways, tramways, and conveniences connected quays. therewith, as the Company shall from time to time think proper, and

the

The Broken Hill Proprietary Company, Limited's, Hummock Hill

to Iron Knob Tramways and Jetties Act.—1900.

the Company shall carry out all lawfnl orders and directions given by such Commissioner in reference to such erection, making, and construction, and such Commissioner and all persons authorised by him may at any time enter upon the said Crown lands and inspect such jetties, wharves, quays, works, buildings, approaches, roads, ways, tramways, and conveniences during construction and after

completion. The Company may use For the purpose of erecting, making, and constructing the jetties, and occupy the fore shore and land covered wharves, and quays, works, buildings, approaches, roads, ways, with sea for the tramways, and conveniences mentioned in this section the Company purpose of construct. ing such jetties,

may take, use, and occupy the said Crown lands consisting of forewharves, and quays. shore and land covered with sca below high-water mark, as de

lineated in the said plan.

The Company to be 23. Immediately after the coming into operation of this Act entitled on the coming the camnony shall b into operation of this the company wild

the Company shall be entitled to a grant from the Governor, in the Act to a licence in name and on behalf of the Crown, of a licence in perpetuity, subject perpetuity from the Governor, to occupy, 10

to the annual payment of a peppercorn, if demanded, and to maintain, and use

determination on the purchase of the tramway under section 24, to guch jetties, wharves, and quays.

occupy, maintain, and use all such jetties, wharves, and quays, together with all the works, buildings, approaches, roads, ways, tramways, and conveniences connected therewith, as the Company shall make, erect, and construct, pursuant to the powers contained in section 22, on all the said Crown lands consisting of the said foreshore and land covered with sea below high-water mark, as delineated in the deposited plans.

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The Governor and the 24. The Governor and the South Australian Railways CommisSouth Australian

is sioner, or either of them, may at any time purchase the lease granted sioner may purchase to the Company pursuant to this Act, and the tramways and undertime on giving twelve taking, together with all buildings on the land comprised in the months' previous lease, and the rolling stock and plant used in the working of the notice in writing.

said tramways, and the jetties, wharves, and quays, and all other works, buildings, approaches, roads, ways, tramways, and conveniences constructed by the Company under the powers conferred by this Act upon giving to the Company twelve calendar months'

previous notice, in writing, of intention to purchase the same The price, if not The price to be paid shall not include any consideration for the agreed, to be determined by arbitration. said lease, and shall not exceed the cost of such tramways and under

taking, buildings, rolling-stock, plant, jetties, wharves, and quays, and such other works, buildings, approaches, roads, ways, tramways, and conveniences, less a fair deduction for wear, tear, and depreciation, and shall be determined in default of agreement by arbitration by two arbitrators, one to be appointed by the Governor or the said Railways Commissioner, as the case may be, and the other by the Company, or an umpire to be appointed by such arbitrators before entering upon the consideration of the matters referred to them, and the provisions of the “ Arbitration Act, 1891,” shall apply to such arbitration as if this provision were a submission within the meaning of the said Act.

25. In

The Broken Hill Proprietary Company, Limited's, Hummock Hill

to Iron Knob Tramways and Jetties Act, 1900.

25. In the event of the tramways being purchased by the In the event of the

tramways being purGovernor, or the South Australian Railways Commissioner, the chased, the cod Governor or the said Commissioner, as the case may be, shall there- flux of company to be

carried at rates not in after carry goods and flux for the Company on the said tramways at excess of those in force rates not in excess of those in force at the time of the passing of this on Government Act for the carriage of similar goods on the Government railways for similar distances.

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26. If the tramways shall not be used by the Company for the If tramways disused

for three vears the carriage of Aux from the Company's mineral leases at Iron Knob C aforesaid to False Bay aforesaid for any continuous period of three Crown Lands may

cancel the lease and years it shall be lawful for the Commissioner of Crown Lands, by licence, and thereupon notice to the Company, to cancel the lease and licence to be granted the tramways and

jetties shall become to the Company pursuant to this Act, and thereupon such lease and vested in Her Majesty. licence shall wholly cease and determine, and the lands comprised in such lease, and the tramways and all buildings in connection therewith then on such lands, and the jetties for which any licence shall have been granted, shall by force of this Act from the time of such notice be and become vested in Her Majesty.

27. The Company shall pay to the owners thereof the value of Owners to be compen

sated for any stock any sheep, cattle, horses, or stock killed or injured by the working killed or injured. of the tramways.

28. This Act shall be deemed and taken to be a public Act, and Act to be deemed a shall be judicially noticed as such without being specially pleaded.

public Act.

In the name and on behalf of Her Majesty, I hereby assent to this Bill.

TENNYSON, Governor.

SCHEDULE.

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