Port Adelaide and Suburban Tramway Act.-1877. by-laws for preventing the commission of any nuisance in or upon any car, or on any of the premises of the Company, and for regulating the travelling upon or using and working of the tramways, and the conduct of the officers and servants of the Company, and generally for providing for the management of the affairs of the Company, and it shall also be lawful for the Company from time to time to repeal or alter any such by-laws: Provided that such bylaws be not repugnant to law. ment of by-law, 45. Any person offending against any by-law of the Company shall Penalty for infringe forfeit for every such offence any sum not exceeding Five Pounds, to be imposed by the Company in such by-laws as a penalty for any such offence; and if the infraction or non-observance of such by-laws be attended with danger or annoyance to the public, or hinderance to the Company in the lawful use of the tramways, it shall be lawful for the Company summarily to interfere to obviate or remove such danger, annoyance, or hinderance, and that without prejudice to the penalty incurred by the offender. 46. A copy of all by-laws made by the Company shall be sealed By-laws to be conwith the seal of the Company, and submitted for approval to the firmed by Governor. Governor, who, on being satisfied that the same are framed in conformity with law, and are reasonable and proper, may confirm the same by writing under his hand; and no by-laws made by the Company shall have any force or effect until the expiration of fourteen days after a copy of such by-laws and of the confirmation thereof by the Governor shall have been published in the Government Gazette. 47. It shall be lawful for the Governor at any time to notify to the Governor may disCompany his disallowance of any by-laws then in force, and the time allow by-laws. at which the same shall cease to be in force; and no by-laws which shall be so disallowed shall have any force or effect after the time fixed by the notice of such disallowance, saving in so far as any penalty may have been then already incurred under the same: Provided that a copy of such notice shall be published in the Government Gazette; and the time of disallowance fixed by such notice shall not be earlier than fourteen days after the date of the first publication of such notice. 48. The production of a copy of the Government Gazette contain- Gazette to be evidence ing any notice purporting to be a copy of any by-laws of the Com- of by-laws. pany, and of the confirmation thereof by the Governor, or of the disallowance by the Governor of any by-laws of the Company, shall in all cases and for all purposes be deemed to be conclusive evidence that such by-laws have been duly made and confirmed or disallowed, in manner stated in such notice. 49. Every notice by this Act required to be given by, or to the Service of notices. Company, shall be in writing or print, or partly in writing or partly in print, and shall be signed by the Company, street authority, or persons giving the same, or by their secretary or clerk; and such Company's officers liable to be proceeded against criminally. Proceedings to be taken under Ordinance No. 6 of 1850. Appeal may be had to Local Court of Adelaide, Full Jurisdiction. Rating clause. Port Adelaide and Suburban Tramway Act.-1877. notice shall be deemed to have been duly given if left at the principal office of the Company, street authority, or persons to whom the same shall be intended to be given, or if posted in a registered letter, prepaid, addressed to such Company, street authority, or persons, or their secretary or clerk, at their principal office: Provided that if such notice shall be posted as aforesaid, the same shall be deemed to have been given at the last moment of the day on which the same ought to be delivered at such principal office in the ordinary course of post. 50. Every secretary, accountant, or officer, clerk, or servant of the Company, notwithstanding he may be a shareholder and have a joint interest in the property of the Company, shall be liable to be proceeded against criminally for any offence committed by him in respect of the property of the Company in like manner and in all respects as if he were not a shareholder and had no such interest. 51. Every proceeding under this Act for any omission, default, offence, or act to which any penalty is attached, where no other mode of proceeding is by this Act provided, may be had and taken before and be heard and determined in a summary way by any Special Magistrate or two Justices of the Peace, under the provisions of an Ordinance of the Governor and Legislative Council, No. 6 of 1850, intituled "To Facilitate the Performance of the Duties of Justices of the Peace out of Sessions with respect to Summary Convictions and Orders," or of any Act now in force or hereafter to be in force relating to the duties of Justices of the Peace with respect to summary convictions and orders, and all convictions and orders made by such Magistrate or Justices may be enforced as in the said Ordinance or in any other Act as aforesaid is or shall be provided. 52. There shall be an appeal to the Local Court of Adelaide of Full Jurisdiction only from every conviction by any Special Magistrate or Justices for any offence against this Act, and from every order dismissing any information or complaint, or from any other order made by such Magistrate or Justices under this Act; and the proceedings on such appeal shall be conducted in manner appointed by the said Ordinance No. 6 of 1850, for appeals to Local Courts, or any Act to be hereafter in force regulating such appeals; but the Local Court of Adelaide aforesaid shall also have power to make such order as to the payment of the costs of the appeal as it shall think fit, although such costs may exceed Ten Pounds. 53. In each year after the year one thousand eight hundred and seventy-nine the Company shall pay to the street authority of every street in which they shall construct the tramways, rates calculated on the sum of Two Hundred Pounds as the annual rateable value of the tramways for every mile in length of the streets of such street authority, along which such tramways shall be constructed, in the same manner as rates declared and levied upon rateable property by virtue of the "Municipal Corporations Act, 1861," or of Port Adelaide and Suburban Tramway Act.-1877. of any Act amending the same, and such rates shall form portion of the general revenue of such street authority: Provided that save as in this section provided neither the tramways nor any works connected therewith, nor the cars, horses, rolling-stock, or other things used in working the tramways, shall be liable to the payment of any municipal, district, or other local rates or taxes whatever. drivers, conductors, &c. 54. The Corporation of the Town of Port Adelaide shall have the Power to Municipal like power of making and enforcing rules and regulations, and of Council to licence granting licences with respect to all carriages using the tramways, and to all drivers, conductors, and other persons having charge of or using the same, and to the standings for the same, as they are for the time being entitled to make, enforce, and grant, with respect to the hackney carriages and the drivers, and other persons having the charge thereof, and to the standings for the same in the streets of or under the control of the Corporation. 55. Nothing in this Act shall limit or affect the power of any Power of street street authority to regulate the passage of any traffic along or across authority preserved. any street in which the tramways shall be constructed, and such street authority may exercise any such power as well on as off the tramways, and with respect as well to the traffic of the Company as to the traffic of other persons. purchase tramways. 56. At any time after the expiration of fourteen years from the Corporation may passing of this Act, and before six months thereafter, and at any time after the expiration of every period, of seven years thereafter, and before six months after any such period, it shall be lawful for the Corporation of the Town of Port Adelaide to purchase the said tramways and the whole undertaking on giving to the Company six calendar months' notice in writing of such intention, on payment to the Company of an amount to be ascertained as follows, that is to say: Two arbitrators shall be appointed by the said Corporation, two arbitrators by the Company, and all matters relating to such purchase shall be submitted to the decision of such arbitrators, and in all other respects such arbitration shall be conducted in accordance with, and under and subject to the Railways Clauses Consolidation Act, No. 7 of 1847: Provided that the said Corporation shall not Proviso. be compelled to abide by the event of the award, if the said Corporation shall give to the Company one month's notice in writing to that effect, and thereupon the Company shall be at liberty to carry on and work the said tramway: And provided also, that the said Corporation shall pay the cost of the reference and award, and all costs and charges incidental thereto. 57. In the event of a sale of the undertaking being made to the Corporation to be said Corporation under the provisions of this Act, the Corporation subject to the proshall be subject to the provisions of this Act with respect to the con- Act if they acquire struction, maintenance, use, and working of the tramways hereby tramways. authorized, and the conveyance and regulation of the traffic thereon, and shall be bound to perform and observe all the obligations C and Power of Corporation to lease tramways. Act not to affect Her Act to be deemed a Port Adelaide and Suburban Tramway Act.-1877. and conditions by this Act imposed on the Company with respect to the several matters above mentioned in the sume manner and to the same extent and effect as if the said Corporation had been authorized by this Act to construct such tramways, and had been named in this Act instead of the Company. 58. If the said Corporation purchase the undertaking as aforesaid, they may lease from time to time to any person or body the right of use of the tramways so acquired by the said Corporation, and of demanding and taking in respect thereof the tolls and charges authorized by this Act; or they may leave the said tramways so acquired by them open to be used by the public, and may demand and take the tolls and charges authorized by this Act, or they may place and run carriages thereon, and demand and take tolls and charges in respect of the use of such carriages not exceeding the tolls and charges authorized by this Act. 59. Nothing in this Act contained shall affect any right, title, or interest of Her Majesty, Her heirs, or successors; and nothing herein contained shall be construed to give the Company any claim to compensation in the event of the Government being at any time hereafter authorized to construct any line or lines of railway or tramway, the construction of which may or may be supposed to injuriously affect the undertaking hereby authorized. 60. This Act shall be deemed and taken to be a Public Act, and shall be judically noticed as such within the Province without being specially pleaded. 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 Steam or Horse Traction in and between certain parts of the City of Adelaide and the Towns of Unley, Unley Park, Goodwood, Upper and Lower Mitcham, West Mitcham, and Townships and other places suburban or adjacent thereto, and for other purposes. WHI [Assented to, 21st December, 1877.] HEREAS the construction, maintenance, and working of tram- Preamble. ways for steam or horse traction in and between certain parts of the City of Adelaide and the Towns of Unley, Unley Park, Goodwood, Upper and Lower Mitcham, West Mitcham, and Townships, 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 Adelaide, Unley, and Mitcham Tramway Company, Limited," with the objects (amongst others), of constructing, maintaining, and working such tramways as are hereinbefore 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 hereinbefore 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 by the Governor of the Province of South Australia, with A the |