The Short Title of this Act shall be “The Otago Southern Trank Railway Act 1866.”

The following words and expressions used in this Act and any Act wholly or partially incorporated herewith shall have the meanings hereby assigned to them unless there be something in the context repugnant to such construction that is to say—

It shall be lawful for the promoters of the undertaking to make construct and maintain a railway with proper works approaches and conveniences connected therewith commencing at a point at or near the southern side of Jetty Street in the City of Dunedin and passing from in through or into the following city townships and territorial divisions of the said Province viz.—The City of Dunedin the Townships of Greytown Waihola and Balclutha the Town District the Ocean Beach District the Lower Kaikorai District the Green Island Bush District the Dunedin and East Taieri District the Taieri District the Maungatua District the Waihola District the Tokomairiro District the North Tuakitoto District the South Tuakitoto District the Hillend District and the North Molyneux District and terminating at a point situated in the line of the southern side of Hasborough Place and eastern side of Cromar Street in the Township of Balclutha as the line of the said railway is set forth on the plan and described in the book of reference or within the limits of deviation set forth on the said plan being a distance of one hundred yards on either side of the said line and passing through over or under the several sections streets roads and places enumerated in the Schedule hereto annexed.

Subject to the provisions of this Act and the Acts wholly or partially incorporated herewith the promoters of the undertaking may exercise all or any of the powers conferred by this Act or the Said incorporated Acts for the construction of the said railway and may enter upon or cause to be entered upon all lands within the said Province for the purpose of making such surveys as may be necessary and may take and hold all the lands specified in the said Schedule hereto and required for the said railway along the line so set forth and described as aforesaid or within the limits of deviation and may temporarily occupy and use such lands as may be necessary on either side of the said railway during the construction thereof.

All persons being owners of or having any less estate or interest in any lands so taken under authority of this Act or which may be damaged by the construction of the said railway shall be entitled to receive compensation for such land or damage the amount whereof shall be ascertained in the manner set forth in the Act of the General Assembly of New Zealand called “The Lands Clauses Consolidation Act 1863” which Act for that and other purposes is incorporated with and shall form part of this Act.

In case any infant whose lands are taken or injuriously affected under this Act has no legal guardian resident within the Colony the word guardian when used in “The Lands Clauses Consolidation Act 1863” shall for the purposes of this Act be held to mean the Registrar at Dunedin of the Supreme Court of New Zealand.

The Superintendent is hereby authorized and required to cause all sums of money which may be agreed upon or awarded under the provisions of this Act or of the Acts incorporated herewith as compensation for the land taken or for damage done in the construction of the said railway to be paid to the several persons entitled to receive the same out of the public revenues of the Province of Otago Provided always that if the Superintendent shall sell or assign the undertaking under the powers for that purpose herein contained the person to whom the Undertaking shall be sold or assigned shall pay all such sums of money and the Superintendent shall not be authorized or required nor shall he be compelled or compellable to pay any such sums of money or to cause the same to be paid.

The following sections of the Act of the Imperial Parliament cited in England as the “Railway Clauses Consolidation Act 1845” save so far as they shall be expressly varied by or be inconsistent with the provisions of this Act or “The Lands Clauses Consolidation Act 1863” shall be and the same are hereby incorporated with this Act and shall save as aforesaid form part of this Act and be construed together herewith and with the other Act also incorporated herewith as forming one Act that is to say—

Provided that wherever in such Act the following words are used they shall mean the words hereinafter severally set opposite to them that is to say the words—

Provided also that where the words of the said “Railway Clauses Consolidation Act 1845” would from the said Act being framed with reference to England and Ireland be inapplicable to the circumstances of the Colony of New Zealand the said Act shall be read and interpreted so as to make them applicable to the circumstances of the said Colony and so as to ensure that the operation of the said Act shall be secured by this Act for the benefit and control of the said railway.

If the railway shall be constructed by the Superintendent under the powers herein contained it shall be lawful for the Superintendent to lease to any person the railway from time to time at such rent and subject to such conditions and restrictions as he may be thereunto authorized by any Ordinance of the Superintendent and Provincial Council of Otago and the Superintendent may by any such lease authorize the person or company taking the same subject to any such conditions and restrictions as aforesaid to exercise do and perform during the term of any such lease such of the powers and things which the Superintendent is hereby authorized to exercise do and perform in connection with or relating to the railway or the works connected therewith as to the said Superintendent shall seem fit.

It shall be lawful for the Superintendent by any deed or deeds under his hand and the public seal of the said Province of Otago to sell or assign the undertaking to any person and for any price or sum of money and payable at such times and in such manner as the Superintendent with the advice of his Executive Council may think fit or for such other consideration as may be agreed on between the the purchaser or assignee and the Superintendent with such advice as aforesaid and the Superintendent may by any such deed or by any subsequent deed assign and transfer to such person any or all of the powers privileges responsibilities and duties by this Act or any Act wholly or partially incorporated herewith conferred on and vested in him except such of the said powers and duties as are conferred expressly on the Superintendent as Superintendent by the seventh ninth tenth and seventeenth sections of this Act.

It shall be lawful for the promoters of the undertaking to lease from time to time at such rent and on such conditions as they may think reasonable all or any of the lands which they have acquired or may hereafter acquire by voluntary agreement for the purposes of the railway or to sell or convey all or any of such lands in such manner and on such conditions as they may deem proper.

At all times after the passing of this Act a copy of the Plan and Book of Reference shall be kept in the office of the Superintendent and be at all convenient times open for public inspection and all persons may at all convenient times examine the same at such office without payment of any fee whatsoever.

No advantage shall be taken of or against the promoters of the undertaking or any interruption be given during or after the making of the railway on account of any error or omission in such Plan or Book of Reference in any case in which it shall appear to two Justices to be certified by writing under their hands that such error or omission proceeded from mistake.

The promoters of the undertaking in constructing the railway may deviate from the line of works laid down in the plan but may not take or use for the purpose of such deviation any land not comprised within the limits of deviation referred to in section three of this Act or in the Schedule hereto annexed without the consent in writing of the owner of such land.

All lands acquired by the promoters of the undertaking for the purposes of the railway and all property real or personal of what description soever belonging or appertaining to the said railway shall be and are hereby declared to be vested in and shall be deemed to be the property of the promoters of the undertaking Provided that if the Superintendent shall be the promoter of the undertaking then such lands and property shall be held by him in trust for the public service of the said Province and shall be managed dealt with and administered by him for the purposes of this Act Provided also that if the Superintendent shall sell or assign the undertaking to any person after he shall have acquired any lands or property under the powers herein contained it shall be lawful for the Superintendent to convey any lands or real property so acquired by or vested in him and to assign or transfer any personal property so acquired by or vested in him to the person to whom the undertaking shall be so sold.

All contracts and other agreements to be entered into under authority of this Act or of any Act incorporated wholly or partially herewith shall be entered into in the name of the promoters of the undertaking.

It shall be lawful for the promoters of the undertaking from time to time to regulate the tolls fares rates and charges for the conveyance of passengers produce animals goods merchandise articles matters and things conveyed on the railway and the tolls fares rates and charges for the time being fixed by them shall be deemed to be the tolls fares rates and charges authorized by this Act Provided that such tolls rates and charges shall be subject to the approval of the Superintendent and the Executive Council Provided also that any such tolls fares rates and charges so fixed as aforesaid shall be tolls rates and charges not exceeding a maximum to be from time to time fixed by the Governor in Council.

Provided also that it shall be lawful for the Superintendent with the advice of the Executive Council of the said Province by notice published in the Otago Provincial Government Gazette to confer exemption from such tolls rates fares or charges to the several classes of individuals hereinafter mentioned that is to say—

Security shall be taken by the promoters of the undertaking in such amount and in such manner as they shall deem necessary from any collector or receiver of any tolls or charges collected under the authority of this Act for the faithful execution of his office.

Full and accurate accounts shall be kept of all moneys received and expended under the provisions and for the purposes of this Act and such accounts shall be balanced once in each year at the least.

Such accounts shall be audited once in each year at the least and for this purpose an auditor or auditors shall be appointed by the Governor.

For the purpose of auditing such accounts the promoters of the undertaking shall cause the accounts together with all the books and vouchers relating to the railway to be produced to the auditor or auditors.

The remuneration of the auditor or auditors and his or their expenses shall be defrayed out of the funds levied under this Act and if the promoters of the undertaking shall at any time fail to make sufficient provision for such remuneration and expenses it shall be lawful for the Governor to fix the amount thereof and if the promoters of the undertaking shall fail duly to pay and discharge the amount so fixed the same may be paid to the auditor by the Colonial Treasurer for the time being and be recovered by him in his own name from the promoters of the undertaking.

An annual abstract shall be prepared of the total receipts and expenditure of all funds levied under this Act or received for the purposes hereof during the past year under the several distinct heads of receipts and expenditure with a statement of the balance of the said accounts duly audited and certified by the promoters of the undertaking and also by the auditor or auditors thereof and a copy of such annual account shall be lodged in the office of the Superintendent on or before the thirty-first day of January in each year and such accounts shall be open at all reasonable times to the inspection of the public upon payment of a fee of two shillings and sixpence for every such inspection.

Nothing herein contained shall be deemed or construed to exempt the railway by this Act authorized to be made from the provisions of any general Acts relating to railways now in force in the Colony of New Zealand or which may hereafter pass during this or any future session of the Parliament of the said Colony or from any future revision and alteration under the authority of the General Assembly of the maximum rate of fares and charges to be authorized under the provisions of this Act.

True copies of all regulations and bye-laws made by the promoters of the undertaking under and by virtue of this Act or any Act wholly or partially incorporated herewith shall be submitted to the Governor in Council for confirmation and upon being confirmed by him shall have the force of law and copies of all such bye-laws and regulations so confirmed shall be delivered by the promoters of the undertaking to the Clerk of the Provincial Council of the said Province of Otago within twenty-eight days after the same shall have been made and confirmed and the Said Clerk shall forthwith lay the same before the Provincial Council if then sitting and if not then at its next subsequent sitting.

Nothing herein or in the Acts incorporated herewith contained shall or shall be deemed to affect the provisions of “The Provincial Lawsuits Act 1858” or “The Provincial Lawsuits Act Declaratory Act 1865.”

This Act shall cease to have force and shall expire at the expiration of seven years from the passing hereof unless the railway hereby authorized to be made shall have been bona fide commenced within such period of seven years.