The General Tramways Act.-1884.

PART 111.

68. Notwithstanding anything in this Act contained, the promoters of any tramway shall not acquire, or be deemed to acquire, Right of user only. any right other than that of user of any road along or across which

they lay any tramway.

mines.

69. Nothing in this Act shall limit or interfere with the rights of Reservation of rights any owner, lessee, or occupier of any mines or minerals lying under of owners, &c., of or adjacent to any road along or across which any tramway shall be laid to work such mines and minerals; nor shall any such owner, lessee, or occupier be liable to make good, or pay compensation for, any damage which may be occasioned to such tramway by the working in the usual and ordinary course of such mines and minerals.

70. Nothing in this Act shall take away or affect any power which any road authority, or other authority, or the owners, undertakers, or lessees, of any railway or tramway may have by law to widen, alter, divert, or improve, any road, railway, or tramway.

Reserving power of

road authorities to

widen, &c., roads.

police authorities to

71. Nothing in this Act shall limit the powers of the road Power for road or authority or police in any district to regulate the passage of any regulate traffic on traffic along or across any road along or across which any tramways roads. are laid down, and such authority or police may exercise their powers as well on as off the tramway, and with respect as well to the traffic of the promoters as to the traffic of other persons.

roads.

72. Nothing in this Act, or in any by-law made under this Act, Reservation of right shall take away or abridge the right of the public to pass along or of public to use across every or any part of any road along or across which any tramway is laid, whether on or off the tramway, with carriages having wheels not being flange wheels, or not being wheels suitable only to run on the rail of the tramway.

73. Every inquiry under this Act which by this Act the Governor is empowered to make or direct, shall be made in accordance with the following provisions

(1.) The inquiry shall be held in public before some officer to be appointed in that behalf by the Governor, hereinafter called the referee, and whose appointment shall be by writing, which shall specify all the matters referred to him:

(2.) Ten days' notice at the least shall be given by the referee to the parties upon whose representation the Governor shall have directed the inquiry, of the time and place at which the inquiry is to be commenced:

(3.) The inquiry shall be commenced at the time and place so appointed, and the referee may adjourn the inquiry from time to time, as may be necessary, to such time and place as he may think fit:

(4.) The referee shall by summons, on the application of any

party

Regulating inquiries before referee

appointed by the Governor.

PART III.

Service of notices.

The General Tramways Act.-1884.

party interested in the inquiry, require the attendance before himself, at a place and time to be mentioned in the summons, of any person to be examined as a witness before him, and every person summoned shall attend the referee and answer all questions touching the matter to be inquired into; and any person who wilfully disobeys any such summons, or refuses to answer any question put to him by such referee for the purposes of the said inquiry, shall be liable to a penalty not exceeding Five Pounds: Provided always that no person shall be required to attend in obedience to any such summons unless the reasonable charges of his attendance shall have been paid or tendered to him, and no person shall be required in any case, in obedience to any such summons, to travel more than ten miles from his place of abode :

(5.) The referee may and shall administer an oath, or an affirmation where an affirmation in lieu of an oath would be admitted in a court of justice, to any person tendered or summoned as a witness on the inquiry:

(6.) Any person who, upon oath or affirmation, wilfully gives false evidence before the referee shall be deemed guilty of perjury:

(7.) The referee shall make his report to the Governor in writing, and shall deliver copies of the report, upon request, to all or any of the parties to the inquiry:

(8.) The referee shall have power to direct by and to whom the costs, or any part of the costs, of the inquiry shall be paid, and he shall also fix the amount thereof:

(9.) The referee shall for all purposes be deemed to be an arbitrator, and his appointment shall be deemed to be a submission to arbitration between the parties to the inquiry in respect of the matters thereby referred to him, and his report shall be deemed to be, and shall have the effect of, and be dealt with as, an award made upon such submission, and every such submission on the application of any party interested in the inquiry may be made a rule of the Supreme Court.

74. Every notice by this Act required to be given by or to the promoters shall be in writing or print, or partly in writing or partly in print, and shall be signed by the promoters, street authority, or persons giving the same, or by their secretary or clerk; and such notice shall be deemed to have been duly given if left at the principal office of the promoters, 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 promoters, 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

The General Tramways Act.-1884.

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.

PART III.

against criminally.

75. Every secretary, accountant, officer, clerk, or servant of the Promoters' officers liable to be proceeded promoters, notwithstanding he may have a joint interest in the property of the promoters, shall be liable to be proceeded against criminally for any offence committed by him in respect of the property of the promoters in like manner and in all respects as if he had no such interest.

No. 6 of 1850.

76. Every proceeding under this or the special Act for any Proceedings to be omission, default, offence, or act to which any penalty is attached, taken under Ordinance 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 "An Ordinance 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.

77. In every case of the adjudication of a fine or pecuniary penalty under this Act, and of the non-payment thereof, any Justice of the Peace may commit the offender or person making default in payment to any gaol in the said province for any time not exceeding three calendar months; the imprisonment to cease on payment of the sum due and the costs of such proceedings as may have been taken for the recovery thereof; but this section shall not affect any remedy under the said Ordinance No. 6 of 1850.

Justice may commit to gaol in default

of payment.

Appeal may be had to laide, Full Jurisdic

Local Court of Ade

tion.

78. 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 ap- Proceedings on appeal. pointed by the said Ordinance, No. 6 of 1850, for appeals to Local Courts, and any other Act regulating such appeals; but the Local Court of Adelaide aforesaid shall 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.

79. The Governor may, as to all matters and things under this Rules for carrying Act, from time to time, make and, when made, may rescind, annul, Act into effect. or add to, rules with respect to any other matter or thing in respect of which it may be expedient to make rules for the purpose of carrying

PART III.

The General Tramways Act.-1884.

carrying this Act into execution; and any rules made in pursuance of this section, and published in the Government Gazette, shall be deemed to be within the powers conferred by this Act, and shall be of the same force as if enacted in this Act, and shall be judicially noticed, and a copy of the Government Gazette wherein such rules shall appear shall be evidence thereof.

In the name and on behalf of Her Majesty, I hereby assent to
this Bill.
WILLIAM C. F. ROBINSON, Governor.

Adelaide By authority, E. SPILLer, Government Printer, North-terrace.

An Act to repeal The Jubilee Exhibition Act, 1883. [Assented to, September 10th, 1884.]

HEREAS it is desirable to repeal the Jubilee Exhibition Act, 1883. Be it therefore 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:

"The Jubilee Exhibition Act, 1883," is hereby repealed.

In the name and on behalf of Her Majesty, I hereby assent to this Bill.

WILLIAM C. F. ROBINSON, Governor,

Adelaide By authority, E. SPILLER, Government Printer, North-terrace.