Port Adelaide and Suburban Tramway Act.-1877. occasioned thereby, and remove the same to such spot in II. They shall in the meantime cause the place where the street is of man and beast. 15. If the Company shall in any respect fail to comply with the Penalty on breach of provisions of the preceding section they shall, for every such offence section 16. (without prejudice to any other remedy against them) be liable to a penalty not exceeding Twenty Pounds, and to a further penalty not exceeding Five Pounds for each day during which any such failure shall continue after the first day on which such penalty is incurred; and all such penalties shall go and belong to the street authority of the street in question. 16. Nothing in this Act contained shall take away any power for the time being vested in any street authority to open or break up any street in which any tramway shall be laid for any necessary purpose of laying down, repairing, altering, removing, examining, or inspecting any sewer, gully, gutter, drain, watercourse, defence, or work, or altering the levels of any street: Provided that in the event of the levels of any street being altered the Company shall alter the levels of the tramways to correspond with such alteration: Provided also, that in the exercise of such power the street authority and Company shall be subject to the following provisions 1. The street authority shall cause as little detriment or inconvenience to the Company as circumstances will admit: 11. Before commencing any work whereby the traffic on the tramways may be interrupted, or whereby the safety of any persons using the tramways may be endangered, the street authority shall (except in cases of urgency, in which cases no notice shall be necessary), give to the Company notice of their intention to commence such work, specifying the time at which they will commence, and which shall not be earlier than forty-eight hours after the time of the giving of such notice: III. If the street authority for the purpose of enabling them to execute the work shall so require, by any notice given as aforesaid, the Company shall either stop their traffic on that portion of the tramways 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, and the street authority shall thereupon complete the work with all reasonable expedition: IV. If it shall become necessary to remove the tramway from any part of any street to enable any such work to be effected, it shall be lawful for the Company to lay down the tramway so removed in some adjacent and convenient position, and after such work shall have been effected to replace the tram way Preservation of powers of street authority. Preservation of power of other persons. Provision as to waterworks and gas companies. Company may alter position of gas and waterpipes. Port Adelaide and Suburban Tramway Act.-1877. way in its original position, and the cost of such laying down and replacing shall be borne by the street authority of the street where the same is effected. 17. Nothing in this Act contained shall take away any power for the time being vested in any persons to open or break up any street on which any tramway shall be laid for any necessary purpose of laying down, repairing, altering, removing, examining, or inspecting any pipes 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 such persons shall be subject to the following restric tions 1. They shall cause as little damage or inconvenience to the Company as circumstances will permit: II. Before commencing any work whereby the traffic on the tramway may be interrupted or whereby the safety of any persons using the tramway may be endangered, they shall, (except in cases of urgency, in which cases no notice shall be necessary), give the Company notice of their intention to commence such work, specifying the time at which they will commence, and which shall not be earlier than forty-eight hours after the time of the giving of such notice: 111. They shall not execute such work, so far as it immediately affects the tramways, except under the superintendence and to the reasonable satisfaction of the Company, unless the Company 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 work: iv. If it shall become necessary to remove the tramway from any part of any street to enable any such work to be effected, it shall be lawful for the Company to lay down the tramway so. removed in some adjacent and convenient position, and after such work shall have been effected to replace the tramway in its original position, and the cost of such laying down and replacing shall be borne by such persons. 18. For the purpose of making, forming, laying down, maintaining, repairing, or renewing any of their tramways, the Company may from time to time, where and as far as it is necessary, alter the position of any mains or pipes for the supply of gas or water, or any tubes, wires, or apparatus for telegraphic or other purposes, subject to the following restrictions, that is to say 1. Before laying down or altering a tramway in a road in which any mains or pipes, tubes, wires, or apparatus may be laid (other than private service pipes), the Company shall, whether they contemplate altering the position of any such mains or pipes, tubes, wires, or apparatus or not, give seven days' notice to the person to whom such mains or pipes, tubes, wires, or apparatus may belong, or by whom they are controlled, Port Adelaide and Suburban Tramway Act.-1877. controlled, of their intention to lay down or alter the tram- II. The Company shall not remove or displace any of the mains III. The Company shall not lay down such pipes contrary to the Pipes not to be laid regulations of any Act of Parliament relating to such water contrary to Acts. or gas or other Company, or relating to telegraphs. sewers. 19. Where any of the tramways or any other work connected For protection of therewith interferes with any sewer, drain, watercourse, defence, or work under the jurisdiction or control of the Corporation of the Town of Port Adelaide, or the street authority, or with any sewers or works to be made or executed by the said Corporation or street authority, or in any way affects the sewerage or drainage of the district under their or any of their control, the Company shall not commence any tramway or work until they shall have given to the street Company to be liable for accidents. Cesser of powers of Port Adelaide and Suburban Tramway Act.-1877. street authority fourteen days' previous notice in writing of their intention to commence the same, by leaving such notice at the principal office of such street authority for the time being, with all necessary particulars, nor until such street authority shall have signified their approval of the same, unless they do not signify their approval, disapproval, or other directions within fourteen days after service of the said notice and particulars as aforesaid; and the Company shall comply with and conform to all reasonable directions and regulations of such authority in the execution of the said works, and shall provide new, altered, or substituted works in such manner as the said street authority shall reasonably require for the proper protection of and for preventing injury or impediment to the sewers and works hereinbefore referred to, or by reason of the tramways, and shall save harmless the street authority against all and every expense to be occasioned thereby, and all such works shall be done under the direction, superintendence, and control of the engineer or other officer or officers of the street authority, at the reasonable costs, charges, and expenses in all respects of the Company, and when any new, altered, or substituted work as aforesaid, or any work or defence connected therewith, shall be completed by or at the costs, charges, or expenses of the Company under the provisions of this Act the same shall thereafter be as fully and completely under the direction, jurisdiction, and control of the street authority, and be maintained by them, as the case may be, as any sewers or works now or hereafter may be. 20. The Company shall be answerable for all accidents, damages, and injuries happening through the act or default of the Company, or of any person in their employment, by reason or in consequence of any of the works of the Company, and shall indemnify all street authorities and persons from all damages and costs in respect of such accidents, damages, and injuries. 21. The powers of the Company for the compulsory purchase of compulsory purchase. lands for the purposes of this Act shall not be exercised after the end of three years from the passing of this Act. Completion of tramways. Maintenance of tramways. 22. The tramways shall be constructed, fit for traffic, within two years from the passing of this Act, or within such further time, if any, not exceeding twelve months from the end of such two years, as the Governor may see fit to allow, and upon the expiration of the said two years, or of such further time (if any) as may have been allowed as aforesaid, the powers by this Act granted to the Company for constructing the tramways shall cease to be exerciseable, except as regards such portion thereof as shall then be completed. 23. The Company shall at all times keep the tramways in good repair and working order, and after the end of the said two years or of such further time (if any) as may have been allowed pursuant to the preceding section for constructing the tramways, the Company shall provide cars in sufficient numbers to travel along the said Port Adelaide and Suburban Tramway Act.-1877. said tramway along the whole line thereof at least four times each way between the hours of six o'clock in the morning and twelve o'clock in the evening of every day. Repairs of part of street where tramway is laid. 24. The Company shall at their own expense at all times maintain and keep in good condition and repair with such materials in such manner as the street authority shall direct, and to their satisfaction, so much of any road whereon any tramway of the Company is laid as lies between the rails of the tramway, and so much of the road as extends eighteen inches beyond the rails of and on each side of any tramway of the Company. If the Company abandon their undertaking or any part of the same, and take up any tramway or part of any tramway belonging to them, they shall with all convenient speed and in all cases within six weeks at the most (unless the said street authority otherwise consents in writing), fill in the ground and make good the surface, and to the satisfaction of the said street authority restore the portion of road upon which such tramway was laid thereon, and clear away all surplus paving or metalling material or rubbish occasioned by such work; and they shall in the meantime cause the place where the street is opened or broken up, to be fenced and watched, and to be properly lighted at night: Provided Proviso. always, that if the Company fail to comply with the provisions of this section, the street authority, if they think fit, may themselves, at any time after seven days' notice to the Company, open and break up the road, and do the work necessary for the paving, repair, and maintenance of the road to the extent in this section above mentioned instead of the Company, and the expense incurred by the said street authority in so doing shall be repaid to them by the Company. cars. 25. The cars of the Company shall be drawn or propelled by horses, Motive power, speed, or, with the annual written consent of the street authorities, by engines, and description of such engines to be noiseless and smokeless engines, or such other engines as may from time to time be approved of by the street authorities of the streets through and in which it is intended and sought to use the same, and each car shall be furnished with a brake which can be worked at each end of such car, and no car shall extend beyond the outer edge of its wheels more than fourteen inches at each side, and no car shall travel on the tramways at a speed greater than shall be allowed by law, or by the by-laws of the street authority of the street in which such car shall be travelling; and any person driving any car on the tramways at a greater speed shall be liable to a penalty not exceeding Five Pounds, or to be imprisoned and kept to hard labor for any period not exceeding six calendar months. clusive use of tramways. 26. The Company may use on the tramways cars with flange Company to have exwheels, or wheels specially or particularly adapted to run on a grooved rail, and, subject to the provisions of this Act, the Company shall have the exclusive use of the tramways. 27. If any person other than the Company (except by agreement Penalty for using with the Company) shall wilfully use the rails of the tramways for tramways. B the |