Page images
[graphic][ocr errors][subsumed][subsumed][merged small]


A.D. 1907.


No. 942.

An Act to authorise the Construction of a Railway from
Gawler to Angaston, and for other purposes.

[Assented to, December 21st, 1907.] DE it Enacted by the Governor of the State of South Australia, D with the advice and consent of the Parliament thereof, as follows:

1. This Act may be cited as “ The Gawler to Angaston Railway Short title and incorAct, 1907,” and The District Councils Act and the Acts mentioned in poration. the First Schedule hereto, so far as the same are severally applicable, shall be incorporated herewith.

2. In this Act, except where the subject-matter, or context, or Interpretation. other provisions hereof require a different construction“ Commissioner" shall mean the South Australian Railways Com

“ Cost of the railway ” shall mean and include-

1. The cost of constructing the railway:
!! The cost of purchasing or otherwise acquiring the land

required for the railway, and of compensating persons
interested in such land or injuriously affected by the con-

11. The cost of such additional rolling-stock (if any) as may be

considered requisite for the railway: iv. Other incidental expenses (if any) in respect of the abovementioned matters :

“ Council”

The Gawler to Angaston Railway Act.—1907.

“ Council” shall mean the District Council of the District con

cerned: “ District Council District” shall mean a District under The

District Councils Act: “ Gazette" shall mean The South Australian Government Gazette : " Railway” shall mean the railway to be constructed in pursuance

of this Act: “ Railway District ” shall mean the Railway District constituted

by this Act: “ Ratepayer” shall mean a ratepayer within the meaning of The

District Councils Act: “ The District Councils Act” shall mean “ The District Councils

Act, 1887," and all Acts amending the same or substituted

therefor: “ Year” shall mean a year ending on the thirtieth day of June.

Power to construct railway.

3. Subject to the provisions hereinafter contained, the Commissioner may construct and maintain a railway from Gawler to Angaston, together with all proper works and conveniences connected therewith, as the said railway is delineated in the plan deposited in the office of the Surveyor-General, at Adelaide, on the twenty-first day of November, one thousand nine hundred and seven, and in the plan in the Fifth Schedule hereto, or as may be delineated in any plans that may hereafter be so deposited pursuant to any law for the time being in force as to the deposit of such plans : Provided that in case the Houses of Parliament shall not be sitting when any plans and books of reference shall be deposited in the office of the Surveyor-General under section 9 of “ The Railway Clauses Act, 1876,” the Commissioner may make deviations under the said section before causing copies of the plans and books of reference to be laid before Parliament, but such copies shall be laid before both Houses of Parliament upon their next sitting.

Tenders to be called for.

4. The Commissioner shall call for public tenders for the con: struction of the railway, to be sent in within such time, to such place, and under such terms, conditions, and provisions as he may deem advisable, and may accept or reject any tender.

Power to construct railway though no tender accepted.

5. The Commissioner may construct the railway although no tender therefor shall be accepted.

Gauge, &c., and cost of railway.

6. The gauge of the railway shall be five feet three inches, and the rails to be used in the construction thereof shall be of iron or steel, and of the weight of not less than sixty pounds to the yard. The total cost of the railway, including rolling-stock, shall not exceed Two Hundred and Fourteen Thousand Pounds.

Fares, tolls, and charges.

7. The Commissioner may demand for the use of the railway, and in respect thereof, and for the carriage of goods and


The Gawler to Angaston Railway Act.—1907.

passengers thereon, and for the loading and unloading of goods, such fares, tolls, and charges as may from time to time be fixed in manner prescribed by any Act or Acts under which the Commissioner may fix such fares, tolls, or charges in respect of the railways under his control.

8. Subject to the provisions of this Act, all fares, tolls, rents, Appropriation of

fares, tolls, &c. dues, charges, and sums of money which may at any time be received and levied under authority hereof 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 State.

9. The area of land defined in the plan in the Fifth Schedule Constitution of “The hereto, and comprised within the blue line shown on such plan, is Dis

wn an mah man i Angaston Railway hereby constituted a Railway District for the purposes of this Act, and shall be called “ The Angaston Railway District."

10. Within three months from the passing of this Act the question Questions to be subwhether the railway shall be constructed in pursuance of this Act ratepayers.

mitted to poll of shall be submitted by each of the Councils of the Districts of Barossa, Mount Crawford, South Rhine, Tanunda, Nuriootpa, Angaston, and Belvidere, respectively, to a poll of the ratepayers within the District of each such Council who are assessed in respect of the land within the Railway District. A poll in pursuance of this section shall be valid although taken after the expiration of the said three months.

11. Every poll of ratepayers under this Act shall be taken by Provisions for poll. ballot:1. The Council shall appoint a Returning Officer, who shall,

mutatis mutandis, have all the powers conferred by The
District Councils Act, or “ The Ballot Act, 1862," on a
Returning Officer in case of an election, including the
power to appoint deputies, and shall preside at the taking

of the poll :
II. The Council shall appoint a polling-place for such poll, and

where the District is divided into wards shall appoint a
polling-place in each ward. The taking of the poll shall
commence at eight o'clock in the forenoon, and shall con-
tinue open until all the voters present in the polling-booth
at seven o'clock in the afternoon shall have had an oppor-

tunity of voting, and shall then close :
II. Two scrutineers, to be present at the voting at each polling-

place, shall be appointed by the Council:
1. At every poll the Returning Officer, if it shall appear to him

expedient, may cause booths to be erected, or rooms to be
hired and used as booths, at the several polling-places of
the District; and the same shall be so divided and allotted
into compartments as to the Returning Officer may seem
most convenient, and the Returning Officer shall, before


The Gawler to Angaston Railway Act.—1907.

the day fixed for taking the votes, cause to be furnished for use at each polling place a copy of the assessment-book so far as it relates to ratepayers entitled to vote, or of that portion thereof which contains the names of the ratepayers entitled to vote, and assessed for property in the ward in which such polling place is situated, and shall, under his

hand, certify such copy to be a true copy: v. Each ratepayer entitled to vote may vote on a scale according

to the amount of value at which he is assessed, as follows:- Twenty-five Pounds or under, one vote ; over Twenty-five Pounds to Thirty-five Pounds, two votes; over Thirty-five Pounds to Forty-five Pounds, three votes; over Forty-five Pounds to Fifty-five Pounds, four votes; over Fifty-five Pounds to Sixty-five Pounds, five votes ; over Sixty-five Pounds upwards, six votes. No person shall have more than six votes. Both the owner and the

occupier may vote in respect of any ratable property: vi. In case of joint tenancy or tenancy in common, one person only

shall vote unless the assessed value of the property shall exceed Seventy-five Pounds, and then one other joint tenant, or tenant in common, may vote for each additional Seventy-five Pounds, or for any fractional part of Seventyfive Pounds, of assessed value, on the same scale as is allowed for the first Seventy-five Pounds, or the fractional part thereof, and joint tenants, or tenants in common entitled, may vote in the order in which they shall tender their votes, until votes shall have been taken for the whole assessed value, or all the joint tenants, or tenants in

common, shall have voted: VII. Except as by this Act otherwise provided, no person shall

have more than one vote: . VIII. Every person entitled to vote shall present himself to the

Returning Officer, or his Deputy, at the polling-place for the District or for the ward in respect of which such person claims to vote, and state his Christian and surname, abode, profession, or occupation, the nature of his qualification, and the place where the property or qualification is situate. The Returning Officer, or Deputy, shall thereupon place a mark against the voter's name on the copy of the assessment-book or the portion thereof in use at the polling-place, and hand such voter a voting-paper for every vote to which he shall be entitled, which votingpaper shall bear the initials of the Returning Officer, or Deputy, and the following sentences :

“I approve of the Angaston railway being con

structed in pursuance of “The Gawler to

Angaston Railway Act, 1907': “ I object to the Angaston railway being constructed

in pursuance of “The Gawler to Angaston Railway Act, 1907?":


« EelmineJätka »