Central Board of Works (1847) (WA)
WESTERN AUSTRALIA.
ANNO DECIMO
VICTORIA; REGINA,.
No. XIX.
An Ordinance to repeal the existing Laws respecting the Construction and Manage- ment of Roads, and to establish a Central Board of Works.
HEREAS the system of management of the internal commu- Preamblo.
Wnications of the colony by means of the "General Road
Trust" has been proved to be inefficient and unsuited to the existing circumstances of this colon y. and it has been deemed expedient to
| 10th Viet., No. 19. | 1847. |
abolish the said system, and to establish a Central Board to perform the duties of the "General Road Trust," and also to superintend the execution and have the charge of such other Public Works as may from time to time be committed to the management of the said Board; Be it therefore enacted, by His Excellency the Governor of Western
4th & 5th Viet. No 17 Australia and its Dependencies, by and with the advice and consent repealed. of the Legislative Council thereof, that the Act passed in the fourth
and fifth years of the reign of Her present Majesty, entitled "an Act to provide for the construction and management of Roads and other internal communications in the Colony of Western Australia," shall be, and the same is hereby, repealed, save as to the levying of tolls thereby imposed, and as is hereinafter excepted.
General Board of Works II. AND be it.enacted, that a Board shall he constituted, to be to be appointed by the called "The Central Board of Works," and to have the managementGercrnor.
of all matters cobnected with the construction and repair of roads, canals, bridges, and public lines of communication, and also of-all such other public works of what nature soever as . may be committed to the charge of the said Board from time to time by His Excellency the Governor, or by any local Ordinance; and that the said Board shall consist of eight members, to be from time to time appointed or removed by His Excellency the Governor, with the advice of the Executive Council, by Proclamation in the Government Gazette, and that four of such members shall he persons not holding apy office of emolument under the Local Government ; —Provided al- ways that the proceedings of the said Board shall be subject to such regulations as may be issued from time to time by the Governor with the advice of the Executive Council, in accordance with the pro- visions of this Ordinance, and that the said Board shall hold regular Meetings at certain periods, and that any five members of the said Board shall constitute a Quorum thereof for the despatch of business:
Istembers of Board to sub- III. PROVIDED always and be it enacted, that each non-offi.-
scribe declaration. cial member as aforesaid shall, previous to his entering upon his du-
ties, and at the first Meeting in each successive year at which he shall be present, subscribe a declaration to the following effect, 'on the minute book of the Board :—" I (A. B.) am the bona fide pro- prietor of one thousand acres of land in fee simple in the colony of Western Australia.
IV. AND be it • nacted, that the right of property in all roads,
1847. 10th Vict. No. 19.
canals, bridges, -towing-paths, ferries, and other public lines of corn- Property in Mad; &c.,
munication not laid _nut by the authority of the Governor as streets vested in Board.
in any town-site in the maps and plans of the Surveyor-General's Department, and in all soil, timber, and other materials within such lines of communication, so long as the same shall continue to be used for the purposes of this Ordinance, 'as -well as in all funds arising therefrormnr applicable thereto, together with the management, con- trol and superintendence of the same, shall be vested in the same Board.
| V. AND be it enacted, that it shall be lawful for the said Board, by themselves or their agents, at any time to enter upon any lands | Right of entry to lay out |
| within the said colony, and to lay out and mark any lines of commu- | roads, &c. |
| nication which they may deem advisable; —Provided always that | |
| one month's notice shall be published -in the Government Gazette | |
| of their intention to survey such line before they shall proceed to | |
| clear and open the -same ;—Provided always that no line of road shall | One month's notice in |
| Government Gazette. | |
| pass through any garden, vineyard, plantation of fruit trees, or cem- | |
| etry, nor shall injure or damage any dwelling house, Church, or | Road not to pass through |
| other permanently constructed building, nor pass within the distance | improved land. &c. |
| of sixty-six feet from any inhabited dwelling house, without the con- sent of the owner thereof. |
| AND be it enacted, that whensoever and so soon as any line notice of such proposed line shall be published in the Government Oilying d ap- | of communication shall have been laid out and marked as aforesaid, Bonds, &c., to be nazetted |
VI.
| p | ro | |||
|
Gazette, and after the expiratton of one month from the date of such notice, a report containing a description of such line, and signed by the Chairman of the Board, shall be laid by such Chairman before the Governor in Council for approval, and allsuch lines so approved shall be taken to be public lines of communication within the meaning of
this Ordinance, and shall be forthwith published as such in three
succe.ive Government Gazettes.
VII. PROVIDED always and be it enacted, that when any line Compensation for damage
of road shall be laid out and declared a public line of communication to improNcd Jais.
as aforesaid, which shall pass through or over anylands which shall have been, previously to the notice aforesaid of the laying out of such
road, bona fide improved by clearing, tillage, or building, or enclosed by a good and sufficient fence, the owner or occupier of the lands so
improved and enclosed shall severally be entitled to such compensa- tion for any actual damage •thereby occasioned to the property, other
| 10th Viet, No. 19. | 1847. |
than the loss of the land taken for such road, or to his, her or their estate or interest therein, as a Jury may award in an action on the case by such owner or occupier against the Chairman for the time
| being of the said Board. | - |
Power to appoint officers. VIII. AND be it enacted, that the said Board shall have power,
subject to the previous approval of the Governor, to appoint from
time to time such officers as they may deem fit and expedient for
the purposes of this Ordinance, and to remove and reappoint the
same.
| Local Boards. | IX AND be it enacted, that it shall be lawful for the said Board to divide the colony into districts for the purpose of this Ordinance, and that there shall be Local Boards for each district, and that every Proprietor of no less than three hundred and twenty acers of land in fee simple in the district shall be a Member of such Local Board, and the said Local Board may elect from amongst the Members thereof a Chairman or President, and a Committee consisting of not more than five ;—And be it further enacted, that the Local Board or their Committee shall have the more immediate direction and management of all roads and other public works which may be made or constructed in the district, subject nevertheless in all cases to the sanction and control of the Central Board, and to propose cr recom- mend to the Central Board such lines of communication or public |
| works, or alterations therein, as they may deem expedient. | |
| Nunn". of available funds. | X. MID be it enacted, that the funds available for the parposes of this Ordinance shall be Such as may accrue from any of the fol- lowing sources, |
| 1.—Tolls payable at any ferries, not c, | bein the property of any |
Town Trust, which the said Central Board are hereby em- powered to let in the manner provided for by the Act 4th
William IV, No. 1, intituled "an Act to regulate the Estab-
lishment and Managument of Ferries, and the Collection of
Tolls thereat."
2.—All Leases of Tolls or compositions to be paid in lieu thereof. 3.—All Tolls, Dues, or Charges, which may hereafter be made pay-
able at or by reason of the use of any lines or modes of commu-
nication; which Tolls, Dues, or Charges, the Governor is hereby empowered to establish, rescind, or alter by proclamation,
1847. 10th Viet. No. 19.
provided that the amount so established shall not in any case exceed the amount recommended by the said Central Board.
4.—Voluntary Subscriptions of Money or Labor for local or gen-
eral purposes.
5—The amount of any sums which may from time to time be conceded by the Governor for special or general purposes un- der this Ordinance.
6--L-Loans raised as hereafter provided on the credit of Tolls, Leases, or other property connected with the aforesaid lines and modes of communication.
7—All such Funds as may be at any time committed to the Board
by any Local Ordinance.
| XI. | AND be it enacted, that a statement of the receipts and ex- A | t bel | l "d b fo |
| penditure of each year shall be presented by the said-Central Board Governor and Legislative | e |
| to the Governor, and shall be by him laid before the Legislative council. | |
| Council as soon as possible after the sitting of the said Council in each year. |
| Central Board, by and with the consent of the Governor and Execu- row money on tolls, &c. | XII. • AND be it enacted, that it shall -be lawful for the said Central Board may bor. |
tive Council, to borrow and take up at interest on the credit of tolls, dues or charges arising or to arise from any road, bridge, ferry, or other work of the like nature, any such sutn of money as they shall think proper from time to time respectively, and to assign the tolls on such road, or any part thereof, or on such bridge, ferry or other work of a like nature as a security to any person or persons who shall advance such sum of money (fur such a period of time as may be sufficient) for the repayment of the principal sum borrowed, together, with interest at a rate not exceeding ten per centtum per annum.
XIII. AND be it enacted, that assignments of tolls or charges Form of assignment.
shall be in the words or to the effect following, viz.:—
" By virtue of an Ordinance passed in the tenth year of the reign of Queen Victoria, intituled an Ordinance to repeal the existing laws respecting the constuction and management of roads, and to establish a Central Board of Works,' we, the Chair-
| 10th Vict. No. 19. | 1847. |
man and Members of the Central Board of Works, in consider- ation of the sum of , advanced and paid, to the,Treasurer of the said Board, do hereby "grant and
assign unto A. his Executors and Assigns, (here specify , the
| matter assigned); to be held froth this | ^ day Of , |
| in the year of our Lord | , until the said sum |
| of | , with interest at the rate |
| of | per centum per annum, shall be paid and |
| discharged." |
And copies of such assignments shall be entered by the , clerk in the book of proceedings, and such assignments shall be transferable by indorsation to any other person whatsoever, which inde triatiOn shall be in thwords, or to the effect, following, viz.:—
" I, A. B, do hereby transfer all my right to the within.
| written assignment of , | to | and ins |
| Executors and Assigns." |
And all persons to whom any such. assignment, or indorsation shall be made, as aforesaid, shall, in proportion to the sum Of Money thereby secured, be creditors on the tolls and charges so assigned, in equal degree one with . another in respect to payment of the interest on such Surd, or in suchsirder or manner, and at such time with reS-: pect to payment of the principal sum, as shall be agreed. upon and stipulated by the 'said Central Board at the time of the advance of their respectiye ,s0ma of ,money.
| Penalty for injury | to XIV. AND be enacted, that any person who shall wilfully in- |
| property of Boards. | jure, damage, or destroy any road, pathway, ferry, bridge., ferry-boat; |
| j etty, Quay, well, Spring, gate, fence, post, or other Public Work; any article or material, matter or thing, employed for the purposes' of this . Ordinance, or in charge of the Central Board Under this Or: dinance, or shall upon any way used, or appointed to be used as a footway only, drive any cart or carriage, except directly across on necessary occasions,—or .shall lead, ride, or drive any horse or other | |
| beast on any suarfootwa y, except directly across the same as afor- | |
| esaid,—or shall . suffer to . stand, or shall tie or . fasten any horse or other beast ,on -or across the same,—or'sliall door or commit any act, or shall leave or place or set up:ahy , Matefial or thing whatsoever, |
| 1;843: | lOth Viet. No. 19. |
WO: shall cause or create any impediment, obstruction ; nuisance, /imnage, or, nnoyance in or to the free passage of any such lines of communication as aforesaid; shall forfeit and pax a sum not
ing five pounds, over and above the amount of any damages occasioned
thereby ; and the amount of such damages shall be handed over to the Treasurer appointed by such Central 'Baard —Provided, that if the, property damaged. bp that of a private Individual, the amount of sad' damage shall be , paid to such Individual, notwithstanding that, such Individual may have been examined as a witness; '
| AND be it enacted, that the said Central Board may sue ' and be sued in the name of their Chairman for the time "being, to be man. | Central Board to sue and |
XV.
in name of Chair-
appointed by the Governor; and that no proceedings by or against the said Board shall abate by reason (Cf the death or removal of such Chairman ; and that in any proceedings, civil, criminal, or otherwise, by or against any of the Members of the Board ;under this Ordinance, he or they shall be sUfficiently,described as a Member or Members of the Board appointed by virtue of this Ordinance.
XVI. AND be it enacted, that , the said Central Board shall not Members not personally
be held to have rendered themselves personally responsible for the liable.
repayment of any money borrowed, or interest thereof, by reason of
having signed any securities M pursuance , of this Ordinance, but such
securities shall be held and considered as granted upon the sole credit
and security of the tolls nor shall any Members of any Board be
held personally liable for the payment of any sum, or performance,
of any contract, for which he shall not have bound himself, person7
ally, independent of his office as Member of the said Board ; nor for..
any such compensation as aforesaid.
XVII. PROVIDED always and be it enacted, that all existing Existing contracts to be
contracts whatsoever which may have been entered into by the Gen- vaI
eial Road Trust of the cOlony,under or by virtue of the Act of the,
fourth, and fifth years of Her present Majesty number Seventeen, now
repealed, shall be deemed and taken to have the same force and vali- dity, and shall and May be acted upon as the:same had, been done under or by virtue of this Ordinance, and shall be , deemed to , have been made by, and with the Central Board of Works with and by the several parties respectively.
XVIII. AND •be it enacted, that all actions and prosecutions to
| 10th Viet, No. 19. | 1847. |
| Limitation of proceedings he commenced against any person for any thin g done in pursuance | against Board, &c. of this Ordinance, shall be commenced within three calendar months |
after the fact committed, and not otherwise ;—And notice in writing of such action, and of the cause thereof, shall be given to the defend- ant one calender month- at least before the commencement of the action ;—and in any such action the defendant may plead the gene- ral issue, and give this Ordinance' and the special matter in evidence on any trial to be had thereupon ;—And no plaintiff shall recover in any such action, if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into Court after such action brought, by or ou behalf of defendant ;—And if a verdict shall pass for the defendant, or the plaintiff shall become nonsuit, or discontinue any such action after issue joined, or if, upon demurrer or otherwise, judgment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client, and have the like remedy for .the same as any defendant bath by law in other cases ;—And though a verdict shall be given for the plaintiff in any such action, such plain- tiff shall not have costs against the defendant unless the Judge before whom the trial shall be shall certify his approbation of the action, and of the verdict obtained thereupon.
Limitation of proceedings XIX. AND be it enacted, that all informations and proceedings for offences. for offences against this Ordinance shall be commenced within six
calendar months after the offences thereby respectively charged shall have been committed ; and shall be heard and determined, and the forfeitures and penalties in respect of the same shall be awarded and
Jurisdiction under 7 Viet. enforced in a summary manner before any two Justices of the Peace,
No. 12,
according to the provisions of an Act passed in the seventh year of the reign of Her present Majesty, entitled "an Act to regulate sum- mary proceedings before Justices of the Peace."
Appropriation of penal- XX. AND be it enacted, that all fines and forfeitures recovered
ties 'under this Ordinance shall be divided, paid and applied as follows ; that is to say, after deducting charges of prosecution and sale from the produce thereof, one moiety shall be paid to the Chairman of the said Central Board to be appropriated toward the purposes of this Ordinance, and the other moiety to the party or parties informing.
| & 5 Viet. No. 18. | Ordinance not to affect 4 XXI PROVIDED always and be it enacted, that no part of |
1847. 10th Viet. No. 19.
this Ordinance shall be deemed or taken to affect the provisions of an Act passed in the fourth and fifth years of the reign of Her pre- sent Majesty, entitled "an- Act to provide for the improvement of Towns in Western Australia."
FREDERICK CHIDLEY IRWIN;
GOVERNOR AND COMMANDER-IN-CHIEF.
Passed the Council 1
4th Nov., 1847.
WALICINSHAW COWAN,
Clerk of the Councils.
| Printed by authority of the Government, by E. | Perth, |
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