South Australian Consolidated Acts

GENERAL TRAMWAYS ACT 1884

TABLE OF PROVISIONS

           Preamble
           Long Title

   PART A1--Preliminary

   1.      Short title
   2.      Interpretation
   3.      Incorporation of Act with special tramway Acts
   4.      Act to apply to existing tramways if directors petition to be brought under the provisions of this Act

   PART 1--Construction of tramways

   5.      Power to take land
   6.      Mode of formation of tramways
   7.      Tramways not to impede traffic
   8.      Power to break up streets etc
   9.      Completion of works and re-instalment of road
   10.     Limiting ascent of roads where level is altered
   11.     Repair of part of road where tramway is laid
   12.     Road authority and promoters may contract for paving roads on which tramways are laid
   13.     Provisions as to mains and pipes for the supply of gas and water
   14.     For protection of sewers etc
   15.     Rights of authorities and companies etc to open roads
   16.     Difference between promoters and road authority etc
   17.     If line not completed, powers to cease
   18.     Maintenance of tramways
   19.     Government may purchase
   20.     Power to sell undertaking with consent of Governor
   21.     Tramways not to be exempt from general Act
   22.     Government not bound to compensate
   23.     Rating provisions

   PART 2--General provisions

           Division 1--Carriages

   24.     Power for promoters to use tramways with flange-wheeled carriages
   25.     Promoters may make arrangements for use of tramways

           Division 2--Licences

   26.     Licences to use the tramway may in certain events be granted to third parties by the Governor
   27.     In default of payment of tolls, licensees' carriages may be detained and sold
   28.     Licensees to give account of passengers carried by them
   29.     Licensees not giving account of passengers carried liable to penalty
   30.     Disputes as to amount of toll to be settled by justices
   31.     Owners of carriages liable for damage done by their servants etc

           Division 3--Discontinuance of tramways

   32.     Tramways to be removed in certain cases

           Division 4--Insolvency of promoters

   33.     Proceedings in case of insolvency of promoters

           Division 5--Removal or modification of tramways

   34.     Provision for removal or modification of dangerous or inconvenient tramways

           Division 6--Tolls

   35.     Tolls etc
   36.     Mode of payment of tolls and charges
   37.     Passengers may take luggage

           Division 7--By-laws and regulations

   38.     By-laws by road authority
   39.     Penalties may be imposed in by-laws
   40.     Promoters may summarily interfere in certain cases
   41.     Governor may disallow by-laws
   42.     Gazette to be evidence of by-laws
   43.     Power to road authority to license drivers, conductors etc

           Division 8--Accounts, deposits, dividends, borrowing etc

   44.     Security from treasurer, collector etc
   45.     Accounts to be kept
   46.     Accounts to be audited
   47.     Remuneration of auditors
   48.     Abstract of account to be annually transmitted to Auditor-General
   49.     Penalty
   50.     Auditor-General to file abstract
   51.     Deposit to be impounded as security for completion of line
   52.     Application of deposit in compensation to parties injured
   53.     Compelling payment of subscriptions etc
   54.     Restrictions as to mortgage
   55.     Suspension of power to pay dividend till completion of tramways in certain cases
   56.     Restriction of promoters from binding themselves to pay interest on additional capital and rent or dividends to another company
   57.     Deposits not to be paid out of capital
   58.     No interest or dividend to be paid out of capital

           Division 9--Offences

   59.     Penalty for obstruction of promoters in laying out tramway
   60.     Penalties for wilful injury or destruction to tramways etc
   61.     Penalty on passengers practising frauds on the promoters
   62.     Power to seize and detain certain offenders

   PART 3--Miscellaneous

   63.     Penalty for bringing dangerous goods on the tramway
   64.     Penalty for persons using tramways with carriages with flange wheels etc except as provided herein
   65.     Right of public to use tramways
   66.     Promoters to be responsible for all damages
   67.     Recovery of tolls, penalties etc
   68.     Right of user only
   69.     Reservation of rights of owners etc of mines
   70.     Reserving power of road authorities to widen etc roads
   71.     Power for road or police authorities to regulate traffic on roads
   72.     Reservation of right of public to use roads
   73.     Regulating inquiries before referee appointed by the Governor
   74.     Service of notices
   75.     Promoters' officers liable to be proceeded against criminally
   77.     Justice may commit to gaol in default of payment
   79.     Rules for carrying Act into effect
           Legislative history