Act to cease and determine if the proposed dock not completed within five years. Persons whose land is injuriously affected entitled to compensation. Saving rights. Public Act. The Port Adelaide Dock Act.-1877. Section No. 2011 from the said Section No. 2112, a swing bridge, together with all works and machinery necessary for the proper working of such bridge, and such bridge shall be of the width of thirty feet at least, and shall be always kept shut for the use of the public, except during such times as ships shall be in the course of passing into or out of the said dock, or the said swing bridge shall be otherwise open for the purposes of working the said dock. 7. If the said proposed dock shall not be completed within five years from the passing of this Act, the rights and privileges conferred upon the promoters by this Act shall be utterly null and void. 8. The owner of any land or of any estate or interest therein which may be injuriously affected by the prosecution of the undertaking authorized by this Act shall be entitled to claim compensation from the promoters, and for the purpose of assessing such compensation the Lands Clauses Consolidation Act shall be deemed to be incorporated herewith. 9. Nothing herein contained shall affect any right, title, or interest of Her Majesty, Her heirs, or successors (save as is herein expressly set forth). 10. This Act shall be deemed and taken to be a Public Act, and shall be judicially taken notice of as such. In the name and on behalf of Her Majesty, I hereby assent to this Bill. WM. F. DRUMMOND JERVOIS, Governor. Adelaide: By authority, W. C. Cox, Government Printer, North-terrace. An Act to authorize the construction, maintenance, and working of Tramways for Horse Traction, or Steam Power, in and between certain parts of the Town of Port Adelaide, Portland Estate, Alberton, Queenstown, Cheltenham, and other places suburban or adjacent thereto, and for other purposes. WHE [Assented to 21st December, 1877.] HEREAS the construction, maintenance, and working of tram- Preamble. ways for horse traction, or steam power, in and between certain parts of the Town of Port Adelaide, Portland Estate, Alberton, Queenstown, and Cheltenham, and other places suburban or adjacent thereto, in such a manner as not to impede or injure ordinary traffic, would be of great local and public advantage: And whereas a Joint Stock Company has been lately registered and incorporated under "The Companies Act, 1864," by the name of "The Port Adelaide, Queenstown, Alberton, and Portland Estate Tramway Company, Limited," with the objects (amongst others), of constructing, maintaining, and working such tramways as are herein before referred to, and of obtaining an Act of the Parliament of South Australia for empowering and better enabling the Company to carry out its objects: And whereas the said Company is willing at its own expense to construct, maintain, and work the said tramways in manner herein before mentioned, but the authority of Parliament is requisite to enable the Company so to do, and it is, therefore, desirable to confer on the Company all rights, powers, privileges, and immunities necessary or convenient for the construction, maintenance, and working of such tramways-Be it therefore Enacted Short title. Incorporation. Interpretation. Power to make tramways. Port Adelaide and Suburban Tramway Act.-1877. 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 for all purposes be cited as the "Port Adelaide and Suburban Tramway Act, 1877." 2. "The Lands Clauses Consolidation Act" shall be incorporated with and form part of this Act: Provided, however, that nothing in this Act or in the Lands Clauses Consolidation Act shall be held to authorize or in any way empower the Company to compulsorily purchase or acquire any portion of Park Lands or any other Public Reserve. 3. In the construction of this Act, unless there shall be something in the subject matter or context repugnant to such meanings— The meanings which have been assigned by "The Lands Clauses Consolidation Act" to certain words and expressions shall be attributed to such words and expressions wherever they occur herein, except as hereinbefore provided in clause 2: The expression "the Company" shall mean "The Port Adelaide, Queenstown, Alberton, and Portland Estate Tramway Company, Limited:" The expression "the tramways," shall mean the tramways by this Act authorized, or any part thereof, including the works, sidings, junctions, stations, and approaches thereto : The expression "the deposited plans," shall mean the plan of the tramways and the book of reference thereto, which were deposited in the office of the Surveyor-General on the twentyfourth day of October, and the seventh day of November, both in the year one thousand eight hundred and seventy seven. The expression "street," shall mean any public street, road, footpath, or place along or across which the tramways are authorized to be laid: The expression "the street authority," shall mean the persons having the control or management of the street in respect of which such expression shall be used, if the same shall be used in respect of any particular street, but if such expression shall not be used in respect of any particular street, it shall mean any persons having the control or management of any street. 4. Subject to the provisions of this Act, the Company may make, form, lay down, construct, maintain, and work on the lines shown in the deposited plans the tramways hereinafter described, or such portion thereof as the Company may think expedient, with all proper Port Adelaide and Suburban Tramway Act.-1877. proper rails, plates, works, sidings, junctions, stations, approaches, and conveniences connected therewith, and may enter upon, purchase, take, and use such of the lands delineated and described in the deposited plans. 5. The tramways hereinbefore referred to and authorized by this Description of tramAct are as follows One hundred and eighty-three chains or thereabouts in length, beginning at a point marked A on plan at the junction of the Port-road with St. Vincent-street, Port Adelaide, thence south-easterly along the southerly side of the Main-road from Port Adelaide passing the Townships of Portland Estate, Queenstown, and Alberton, and terminating at a point on the Port-road opposite the north-eastern corner of Allotment No. 71, part of the subdivisions of Section 418, in the Hundred of Yatala, laid out as the Township of Albert Park. ways. 6. It shall not be lawful for the Company to alter the levels of Company not to alter any street. street levels. 7. Every tramway line shall be constructed and maintained with Mode of formation of two grooved rails, to be laid at a distance of not exceeding six feet tramways. from each other, and shall be constructed and maintained in such a manner that the uppermost surface of every rail shall not interfere with the level or the surface of the street, 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; and no rail shall be used in the construction of any tramway which will leave an opening of greater width than that left by the rails known as Larson's patent rails; and no such rail shall leave an opening of more than one inch and a half between the perpendiculars of such rail. 8. Every tramway shall be constructed and maintained in such a Tramways not to manner as not to cause any impediment or injury to the use by the impede traffic. public for the purpose of traffic of any street whereon the same shall be laid, and the public shall at all times be entitled to the free and uninterrupted use of every part of such street, save when any conveyance of the Company shall be passing over or be about to pass over any part thereof, or be standing thereon, and then the public shall not be entitled to the use of the part of such strect over which such conveyance shall be passing or be about to pass, or upon which such conveyance shall be standing: Provided that no such conveyance shall stand at any point in any street other than a terminus of the tramways, except for the purpose of taking up or setting down passengers. 9. Nothing in this Act contained shall be construed to give the Company to have no Company any right to the soil of any street in which they shall right to soil of street. construct any tramway other than a right of user thereof for the purposes of this Act. 10. Subject Power to break up street. Restrictions on breaking up street. Penalty on persons of tramways. Port Adelaide and Suburban Tramway Act.—1877. 10. Subject to the provisions of this Act, the Company may from time to time open and break up any street for the purpose of making, forming, laying down, constructing, maintaining, or renewing the tramways. 11. Whenever the Company proceed to open or break up any street 1. They shall give the street authority thereof notice of their intention, specifying the time at which they will commence operations, and the portion of street proposed to be opened or broken up, such notice to be given seven days at least before the commencement of operations: 11. They shall not open or break up any street except under the superintendence and to the reasonable satisfaction of the street authority thereof, unless such authority refuses or neglects to give such superintendence at the time specified in the Company's notice, or discontinues the same during the work: III. They shall pay to the street authority all reasonable costs incurred on account of such superintendence. 12. If any person shall wilfully obstruct any person acting under obstructing formation the authority of the Company in the lawful exercise of his powers in setting out or making, forming, laying down, repairing, or renewing any tramway, or shall deface or destroy any mark made for the purposes of setting out the line of any tramway, or shall wilfully damage or destroy any property of the Company, he shall, for every such offence, forfeit to the Company a sum not exceeding Five Pounds. Restriction on length of streets to be broken up at same time. Company to restore streets broken up. 13. The Company shall not, without the consent of the street a thority thereof, open or break up at any one time and place a greater length than fifty yards of any street, and they shall leave an interval of at least one hundred yards between any two places at which they shall open or break up any street at the same time. 14. As soon as the Company shall have opened or broken up any portion of any street 1. They shall, with all convenient speed, and in all cases within three weeks at the most from the time of opening or breaking up the same (unless the street authority thereof shall enlarge such time), complete the work on account of which they opened or broke up the same, and (subject to the formation, maintenance, and renewal of the tramways) fill in the ground and make good the surface, and generally restore the portion of the street so opened or broken up to as good condition as that in which it was before it was opened or broken up, and. to the reasonable satisfaction of the street authority thereof, and clear away all surplus metal, material, or rubbish occasioned |