Cumberland Parish Roads Act 1835 No 16a (NSW)

" proving the Roads throughout the Colony of New South Wales and "for opening and improving the Streets in the Towns thereof" after reci t ing Tha t it was expedient to define w h a t roads should be main­ ta ined a t t h e publ ic expense and w h a t a t t he expense of the parishes

No. XI.

An Act to provide for the repairing of Parish Roads in the County of Cumberland in the Colony of New South Wales. [9th October, 1835.]

WH E R E A S by an A c t of t h e Governor and Council passed t h e four th year of t h e re ign of H i s p resen t Majesty K i n g

in

W i l l i a m the F o u r t h in t i tu led " An Act for making altering and im-

par ishes t h r o u g h which they pass as far as t h e said parishes could in the present s ta te of t he survey of the Colony be determined i t was amongs t other t h ings the reby enacted Tha t all t h e roads in the i r whole l eng th as set forth in a Schedule annexed to t he said reci ted A c t m a r k e d A should be deemed to be and should be called Pub l i c Roads and should be ma in ta ined repaired or al tered a t t he publ ic cost and charge by paymen t s from t h e Colonial Treasury whether t he r e be to l l collected on the said road or otherwise and i t was thereby fur ther enac ted Tha t in t he County or r epu t ed County of Cumber l and in t he said Colony any road heretofore m a d e a t t he publ ic expense and not included in t he Schedule A aforesaid and any road in common and general use pass ing from a road now main ta ined or here­ after to be ma in ta ined at the publ ic expense as aforesaid to ano ther of the same descript ion or connect ing different pa r t s of the same publ ic road or any road leading from any township duly notified as such by the Governor and Execu t ive Counci l t o any road main ta ined a t t h e publ ic expense as aforesaid shall be deemed to be and shall be called a Pa r i sh Road A n d whereas it is expedient t h a t provision should be made for ma in t a in ing repa i r ing and amend ing the said Par ish Roads in t he said Coun ty or r epu ted Coun ty of Cumber l and in t he said Colony Be i t therefore enacted by H i s Excel lency the Governor of

N e w South W a l e s wi th t he advice of the Legislat ive Counci l thereof

Tha t t h e expenses of t he ma in t a in ing r epa i r ing and amend ing of t h e par i sh roads and br idges thereon in all pa r t s of t h e said Coun ty or r epu ted Coun ty of Cumber l and (save and except in the Town of Sydney) shall be pa id borne and defrayed by a tol l or tol ls to be appointed

assessed and levied as hereinaf ter ment ioned .

2. A n d be i t fur ther enacted Tha t after t he pass ing of th is A c t upon appl icat ion in wr i t i ng m a d e by one-half of t h e householders of any par i sh wi th in t he said Coun ty of Cumber land to t he neares t Cour t of P e t t y Sessions to have any par i sh road wi th in such par i sh or br idges thereon repaired i t shall be lawful for such Cour t consis t ing of no t less t h a n t h r ee Jus t i ces of t h e Peace to enqui re in to t he same a t a t ime to be appoin ted and publ ic ly notified for t h a t purpose and upon be ing satisfied t h a t t he road for t he repair of which or of any br idge the reon such applicat ion is m a d e is a par i sh road according to the t r u e i n t e n t a n d mean ing of t he said reci ted Act and tha t i t is t he desire of not less t h a n one-half of t h e householders of t he said par i sh to have such road or br idge repaired to repor t t he resul t of such enqu i ry to H i s Excel­

lency t h e Governor for his approval especially se t t ing forth in such	repor t t he l ine of road or br idge thereon in tended to be repaired t h e
a m o u n t a n d scale of tolls proposed to be levied respectively thereon and place where it shall be proposed to place a tol l -bar for the collecting of t h e same and if t h e repor t of such Pe t ty Sessions shal l be approved by H i s Excel lency the Governor wi th t h e advice of t h e Execu t ive Council i t shall and m a y be lawful for H i s Excel lency t h e
Governor by a not ice in t h e "New South Wales Government Gazette" to
notify t h e same to t h e i nhab i t an t s of t h e said par ish and the l eng th of t ime for or du r ing which the said toll shall con t inue to be collected and the reupon i t shall be lawful for t he said Jus t i ces in P e t t y Sessions to cause a tol l -bar to be erected u p o n the place so approved of and to appoint some fit and proper person to a t tend the said tol l-bar a n d to collect and receive t he tolls therea t .
3. A n d be it fur ther enacted Tha t i t shall be lawful for t h e said Jus t i ces in P e t t y Sessions to allow to t h e person so appointed to collect t h e said tol l a fit and reasonable allowance for his t roub le in collecting such tol l and from t ime to t ime as to such Jus t i ces shal l seem meet and proper to remove such person from the collection of

t he

t he said to l l and to appoint some other fit a n d proper person in his
place to collect t h e same.

4. A n d be i t fur ther enacted Tha t when and so soon as t h e said to l l -bar shal l be so erected as aforesaid t h e said Jus t i ces of t h e Peace shal l cause to be p u t u p and cont inued in some conspicuous place a t or near to t h e said tol l -bar a table pa in ted in dist inct legible black let ters on a board wi th a whi te ground conta in ing a t t he top thereof t h e n a m e of t h e ga te or to l l -bar where t he same shall be p u t u p and also a list of all t h e tolls or dues payable the rea t d is t inguishing severally t h e amoun t of tolls and the different sorts of cat t le beasts carr iages and other vehicles for which they are severally to be paid where t he r e shall be any var ia t ion the re in and t h e said Jus t i ces shal l cause to be placed on some conspicuous place nea r to such board t he chr i s t ian a n d s u r n a m e of t he collector of t h e said tol l or dues who shall be on d u t y for t h e t ime-being and shall cont inue t he same du r ing t h e whole t ime such collector shall be on du ty and the said collector shal l provide t ickets denot ing the paymen t of tol l and on every t icket shall be specified t h e n a m e of t he ga te a t which the same shal l be issued and also t he names of t h e several gates (if any) freed by pay­

m e n t of toll therea t .

5. A n d be i t fur ther enacted Tha t t h e several sums of money

received by such collector as aforesaid for a n d on account of t h e toll demandable b y h i m at such tol l-bar shall be accounted for and paid over to t he said Bench of P e t t y Sessions a n d t h a t the said Jus t ices in such P e t t y Sessions after pay ing or a l lowing the reou t t he necessary expenses for t h e collecting of such toll shall cause t h e ne t proceeds thereof to be expended and applied in t h e keep ing of t he said road and t h e br idges the reon in sufficient repair to render t he same pas­ sable u n d e r t he control and direction of t h e Jus t i ces of such P e t t y Sessions.

0. A n d be it fur ther enacted Tha t t h e said Jus t i ces shall cause books of account to be k e p t of the receipts of the a m o u n t of toll received on such road and of t he money paid laid out a n d expended for t he receiving of such toll and for t h e necessary repa i r ing of the said roads and t h a t such books of account shall be kep t in t he said Cour t of P e t t y Sessions for t he inspection of all persons interested the re in

a n d to be open a t all convenient	t imes du r ing t h e ho ld ing of	such
Cour t	of P e t t y	Sessions.

7. A n d be i t fu r ther enacted Tha t all fines penal t ies and for­

feitures imposed incur red and declared by t h e said recited Ac t and to which persons arc by t h e said reci ted A c t declared to be liable for any nuisances commit ted on any t u r n p i k e roads and for refusing to pay t h e toll t he reon or for any o ther offences ment ioned in t h e said recited A c t and for any offences commit ted by t h e collectors of t h e tolls as there in-ment ioned t h e same are hereby declared to be applicable and to be applied to t h e same and similar offences commi t t ed upon the several or any roads appointed and repaired unde r th is present A c t so far as t he same arc applicable and can be applied respect ing t h e same and t h a t it shall and may be lawful to and for any one or more Jus t i ce or Jus t ices of t he Peace to hear and de te rmine all or any compla in ts made against any person or persons on account thereof and impose such fines penal t ies and forfeitures against t he p a r t y or par t ies offending as in t h e said recited Act are directed and awarded aga ins t any person or persons offending as there in-ment ioned and to enforce and cause such fines penal t ies and forfeitures to be levied and paid as in and by t h e said recited A c t is directed as fully and to the same effect as if t he same were here in aga in repeated and enacted.

8.    A n d be it fu r ther enacted Tha t t he p a r t y or par t ies convicted

of any offence or offences u n d e r th i s present Ac t before any one or more Jus t i ce or Jus t i ces of t h e Peace shal l have and be ent i t led to t he same and t h e l ike appeal from the decision of such Jus t i ce or Jus t i ces as is in and by t h e said reci ted Ac t given to any person or persons convicted of any offence or offences against t h e said recited Act .