District Roads Act 1871 (WA)
WESTERN AUSTRALIA,
ANNO TRICESIMO QUARTO
VICTORIA, REGINA,.
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No. XXVI.
AN ACT to establish Local Boards for the conservation, improvement, and making of Roads in the several Dis- tricts of the Colony.
[17th January, 1871.]
| repair the roads and bridges in their respective districts, and that all districts should be empowered to construct and keep __ sums of money devoted to that purpose from the general revenue of the colony or otherwise should as far as practicable be expended under local authority and supervision ; And whereas it may be necessary that such sums of money should be supplemented by local rates, and it is desirable that such rates should be raised and ex- pended under the authority of district boards, by and with the con- sent of the inhabitants of such districts as expressed by their repre- sentatives elected to such boards: Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof:— | AATHEREAS it is expedient that the inhabitants of the country | in Preamble. |
| 1 |
VICTORLE, No. 26.
Local Road Boards.
| Short Title. | 1 THIS Act may be cited for all purposes as " The District |
Roads Act, 1871."
| Interpretation of terms. | 2 IN the construction of this Act (if not inconsistent with |
the subject matter) the following terms shall have the respective
meanings hereinafter assigned to them ; that is to say :—
| District. | " District" shall mean any locality from time to time designated and defined as such for the purposes of this Act by notice in the Government Gazette under the authority of the Governor, and, in the absence of such specially defined locality, the term " District " shall mean any district generally known as a Resident Magistrate's or Police Magistrate's district. |
Rateable Property. " Rateable Property " shall extend to and comprise all build-
ings, lands, tenements, and hereditaments, but the fol- lowing, namely : All such property situate in any city or town where there exists a City or Town Council, or Town Trust ; waste lands of the Crown in the possession of the Crown; land the property of the Crown and used for any public purpose ; Churches, Chapels, Cemeteries ; places for the worship of Almighty God; public schools, or schools deriving aid from Government ; public buildings and lands appropriated and held upon trust for any religious, charitable, or public purpose, or reserved or set apart for the benefit of the aborigines.
| Ratepayer, | " Rate-payer " shall mean the occupier of rateable property, and the owner of unoccupied rateable property. |
| Road. | " Road" shall mean any main or minor road, notified as such in the Government Gazette. |
Public notices, how to be 3 WHENEVER public notice is by this Act required to
given. be given, it shall, unless otherwise provided for, be so given by
advertisement in the Government Gazette, and by posting the said notice on some conspicuous part of the Resident Magistrate's and Police Offices of the district.
| Local boards consisting of 4 | seven to be elected. | THERE shall be a local board in each district, which board shall consist of seven persons to be elected as hereinafter provided, one of whom shall be Chairman; and any three of such Board shall constitute a quorum for the transaction of business. |
| Duties and powers of 5 THE conservation, improvement, and making of all roads, and | Boards. the erection, preservation, and repairs of new or existing bridges |
within
34° VICTORIA;, No. 26.
Local Road Boards.
within the district shall be vested in the said board, and the said board is hereby expressly empowered from time to time' to alter, extend, macadamize, or otherwise improve, repair, and keep in good order and condition all and every the existing roads and bridges, and to make new roads and bridges within the district by and with all such moneys, means, and other resources, as they may possess, or can lawfully command from time to time under or by virtue of this Act, and also to use and employ all such convict or other prisoners' labor, materials, implements, and things whatsoever as the Governor shall from time to time authorize or sanction. And the board is hereby further empowered to make or cause to be made, in manner aforesaid, all such proper drains and water courses along or under the roads and thoroughfares, and again to remove and alter the same as occasion shall and may require, and to place bars and other fences across or along the said roads, bridges, and thorough- fares when under or preparatory to their alteration or repair, and to erect posts or railings, and suspend chains, and generally to do and make, or cause to be done and made, all acts and things whatsoever that may be necessary and proper for accomplishing the several pur- poses aforesaid. Provided, nevertheless, that the Governor shall and may" at any time interpose and prohibit any work which, in the opinion of the Governor in Council, is deemed injuriously to affect any main line of road. And provided, further, that nothing herein contained shall in any way be construed to prevent or preclude the action of the Government in matters relating to the main lines of road throughout the Colony.
6 ON a day to be fixed by the Governor in Council for each First election of members
district, and to be published in the Government Gazette, an election of Board.
of the Board shall be held, at which the rate-payers within the dis-
trict shall elect seven persons as and to be members of such Board,
who shall enter on office on election.
| 7 SHOULD the ratepayers in any district refuse or neglect to | neglect | of electors or |
| elect a Board; or, having elected a Board, should such Board neglect | of thneCrut.d. or on petition |
to keep in repair any portion of a main line of road within the dis- of ratepayers Government
trict, or in compliance with a petition from two thirds of the rate- to exercise powers of Board.
payers, the Governor in any such event is hereby empowered, on the publication of an order in Council to such effect, to assume and to exercise all the powers and functions of a Board for such district.
| 8 THE Governor shall appoint the returning officer at the first | Returning Officer |
election of members of any Board ; and at every subsequent election
the chairman of the Board shall be the returning officer.
34° YICTORIIE, No. 26.
Local Road Boards.
ON the last Friday in December in every year succeeding the first election of the members of a Board, three members shall go out of office by rotation, and on the preceding day an election shall be held to supply their places, and the persons elected shall assume office on their predecessors going out of office. Provided, that if the first election of members takes place after June in any year, the next election shall not take place till December in the year next after the year of such first election: and the members first elected shall continue in office till that period.
| 'Ihree members to go out of | 9 |
office. every year.
| Rotation | which members 10 THE members of each board shall go out of office in the |
| to retire. | following order ; that is to say, the three members who had the least number of votes at the first election shall be the first three to go out of office: the three members who had the next smallest number of votes at the first election shall be the next three to go out of office ; and afterwards the members to go out of office shall always be the three who have been longest in office without re-election, and in cases where two or more members are elected on the same day, as between themselves, those having the smallest number of votes at such election shall be deemed the longest in office for the purpose of retiring by rotation. |
On equality of votes, or11 IN case at any election of members two or more are elected election without PA rota- by an equality of votes, or the election is had without a Poll, it
th m to be determined by
lot. shall be determined by lot in what rotation, as between themselves,
such members having an equality of votes shall retire by threes as aforesaid, as the case may be ; and in such case, the members shall retire according to the rotation so determined.
| What electors entitled. to | 12 ALL ratepayers shall be entitled to vote in the election of |
| vote. | members of the Board if they have paid all rates payable to the Board up to the day of election, and not otherwise. |
| 12 EVERY elector shall have a number of votes proportionate to the annual value, as ascertained by the valuation roll, of the pro- perty within the district owned or occupied by him, according to the following scale :- |
| Numher of votes to which | '— |
| each elector is entitled, |
| Annual value of property— | Number of votes. |
Five Pounds and under Ten Pounds ... One Ten Pounds and under Twenty-five Pounds Two Twenty-five Pounds and under Fifty
| Pounds | ... | ... | •• • Three |
| Fifty Pounds and upwards | ... Four |
And
34° VICTORLE, No. 26.
Local Road Boards.
And every elector entitled to such vote or votes as aforesaid is hereby empowered to give, and shall if he votes give, the number of votes to which he is so entitled to any number of persons not ex- ceeding the number of members to be elected.
| or occupied by more persons than one, each of such joint owners or cupation. | 14 WHERE any property within the district is jointly owned Joint proprietorship or oc. |
occupants, if the annual value of such property is of an amount which, when divided by the number of such joint owners or occu- pants, gives for each owner or occupant a sum not less than the sum which would entitle such person to be an elector if he owned or oc- cupied separately, shall, subject to the conditions hereinbefore con- tained, be an elector, and entitled to vote as such, in respect of the property so jointly owned or occupied; and if the value of such property is not of such an amount as to be so divisible as aforesaid, then only such one of such joint owners or occupants shall be an elector, and entitled to vote as such in respect of the said property so jointly owned or occupied, as is for that purpose deputed in writingby the other or others of such joint owners or occupiers.
15 SO soon after the first and every annual election of members Members of board to choose
of such Board as conveniently may be, the members shall choose and chairman.
appoint, in such manner as they may deem expedient, some one
from among themselves to be chairman, who shall go out of office
on the determination of the next annual election of members.
| 16 IF any extraordinary vacancy occurs in the office of mem- | Extraordinary vacancy in |
ber the electors shall, upon a day to be fixed by the chairman of office of member of Board.
such Board, and of which the chairman shall give due public notice,
elect another member to supply such vacancy.
| 17 IN case any extraordinary vacancy occurs in the office of | Eofrereaoolf | v: in | .cancy i |
| chairman the members of the Board shall choose and appoint, out of | i | , | .d chairman. |
their own body, another person to be chairman for the remainder of
the then current year.
| 18 AT all extraordinary elections of a member of the Board, | Proceedings in cases of |
the course of proceeding shall be the same, as near as may be, as is vacancy.
herein directed to be followed at an ordinary election.
| Board elected to supply a vacancy shall go out of office at the time o | 19 ANY chairman chosen or appointed or any member of the tWhsleipapcihyairrtmiaanc atcdy, ist. |
when his predecessor would have gone out of office in case no such go out of office.
vacancy had occurred.
34° VICTORLE, No. 26.
Local Road Boards.
| Chairman &c. eligible for 20 ANY chairman or member of the Board going out of office | &c., |
| re-election. | shall be eligible for re-election. |
| Chairman being a candi- | 21 IN case at any election of members the chairman is one of |
| date for re-election | the members going out of office and is nominated for re-election, the Board shall appoint one of their own body to hold such election, who for such purpose shall have the powers and duties by this Act conferred and imposed on the chairman. |
| Retiring chairman Sic., to | 22 NOTWITHSTANDING anything to the contrary con- |
| hold office until successor |
| enters on office. | tained in this Act, every chairman and every member of the Board shall continue in office until his successor enters on office. |
| Acts of Board to be valid | 23 ALL acts and proceedings of the Board, or of any person in |
| notwithstanding defect in |
| election. | possession of the office of chairman or member, and acting as such, shall, notwithstanding it is afterwards discovered that there was some defect in the election of the said Board, or of any such person, be as valid and effectual as if the said board or such person had been duly elected. |
| Irregularity in elections. | 24 IN case no election is had of a chairman, or of any member |
of the Board, upon the day or within the time provided for such election, or if in case of any such election being had the same is or afterwards becomes void, the Board in the one case, and the electors in the other, shall not thereby be disabled from electing such chair- man or member for the future ; but in any such case the election shall be had as in case of an extraordinary vacancy; and every act necessary to be done in order to and for the completing such elec- tion shall and may be done, and shall be as valid and effectual for all purposes as if the election had been upon the day or within the time appointed for that purpose.
| Divisionof roadsintoclasses. | 25 FOR the purposes of this Act the roads of this Colony shall |
| Main and Minor roads. | be divided into classes, to be called Main and Minor Roads. The Local Boards shall, within three months after the first election, recommend for the approval of the Governor what lines of road in their respective districts shall be classed as Main and Minor Roads; And the Governor, after approval of such recommendation, shall |
| cause the same to be publicly notified in the Government Gazette. |
| Persons desiring to fence or | 26 ANY person desiring to fence or place a gate across any |
| place a gate across any main |
| or minor road to apply to | Main or Minor Road shall apply to the Local Board of the district |
| Local Board. | in which such road is situated for permission so to do, and shall |
| also insert in three consecutive numbers of the Government Gazette |
that
34° VICTORI}E, No. 26.
Local Road Boards.
that he has done so, and shall in such application and notices give full particulars of the locality where he desires to place such fence or gate. And the Local Board to whom such application is made may, after the expiration of one month subsequent to the receipt of such application, recommend for the approval of the Governor such application ; and the Governor may signify to the Local Board his approval or disapproval thereof. Provided, always, that any person who stall fence or place a gate across any Main or Minor Road without leave first obtained as above, shall, on conviction thereof before any one or more Justices of the Peace, be liable for each offence to a penalty not exceeding Five pounds; and any such person who refuses to remove such fence or gate when directed so to do by the Local Board, shall be liable to a further penalty of Five pounds, to be recovered as aforesaid. Provided, also, that the Local Board may cause any obstruction on any such roads to be removed, and to recover the costs and expenses of such removal from the per- son or persons causing such obstruction.
| be of such a description as shall meet the approval of the Local gates and leaving of gates | 27 ANY gate to be placed across a Main or Minor Road shall Description and repair of |
Board; And any gate so placed across such road or roads shall be 'en'
kept in good repair by the person or persons to whom leave has
been granted to place such gates as aforesaid; And in default there-
of, such person or persons, on conviction before one or more Justices
of the Peace, shall for each offence be liable to a penalty not exceed-
ing Five pounds. And any person or persons leaving open any such
gate or gates shall be liable, on conviction thereof, to a penalty not
exceeding Ten pounds, to be recovered as above.
| 28 ANY person occupying land who may desire to block up or | Applications to block up or |
| close any Main or Minor Road shall apply to the Local Board in his | close any main or minor road to be made to Local |
| district for permission to do so, and shall give three months' notice | Board. |
| of such application by publication in the Government Gazette, and | |
| shall further cause notice of the same to be affixed to the Court House door, police station, or other conspicuous place in such dis- trict; and the Local Board may, after the expiration of three months subsequent to the receipt of such application, take the same into consideration, and may recommend such application for the approval of the Governor. |
| 29 IT shall be lawful for the Board of each district at yearly, | Board to rate property at |
| half yearly, or such other periods as to the said Board may seem | with sanction of the Go-yearly or other periods, and |
| necessary, to make and levy rates upon the annual value of all rate- | vernment to erect tolls, &c. |
| able property within the district, to be paid for the several purposes in |
34° VICTOR EE, No. 26.
Local Road Boards.
in this Act contained. And further, with the sanction of the Governor first obtained, to erect toll gates and levy tolls on any of the roads within the district. Provided that it shall be lawful for the Board to make and levy separate rates for any of such purposes as aforesaid, or one general rate for all or any of such purposes ; Provided, also, that such rates so to be made and levied shall not in
| Annual rate not to exceed | any case collectively or separately exceed the sum of one shilling in |
| Is. in the pound. | the pound in any one year upon the annual value of the property within the district. |
| Board to moet tram time to of business on notice of each meeting beinggiven to the several | 30 THE Board shall meet from time to time for the transaction |
| proceedings books accounts members of such Board, and shall cause minutes of their proceedings | time and keep minutes of | |
|
31 ONCE at the least in every year the accounts of the Board
| Auditors of accounts. | shall be examined and the correctness of the balance sheet ascer- tained by two or more Auditors, one of whom shall be the Resident Magistrate of the District, and the other or others shall be appointed by the ratepayers in general meeting, subject, however, to the approval of the Governor. Should the ratepayers neglect or refuse to appoint an auditor or auditors, the appointment shall be made by the Board, subject as aforesaid to the approval of the Governor. |
32 FOR the purposes of this Act the Board shall pro-
| open for inspection. | Vahlation to be made an a teed to make an estimate of the net annual value of all Rateable |
property within the district, and shall compile a valuation roll, which roll, and all books and accounts of receipts and expenditure, shall be open for the inspection of all ratepayers in the district. And it shall be competent for and the Board is hereby required from time to time to make all necessary alterations and amendments in such
| valuation roll, giving due notice of all such corrections. | 33 |
34° VICTORI 7E, No. 26.
Local Road Boards,
| district is by law empowered to make, a public notice, signed by to be given. | 33 UPON the making of any rate which the Board of any Upon making rate, notice |
the chairman and not less than two other members of the Board, specifying the amount in the pound of the rate, the purpose and period for which the same is made, and at what times the same is made, and at what times the same is payable, shall be duly published; and upon any such notice being so published, the rate therein mentioned shall be payable and paid at the times specified in such notice by the persons liable to pay the same, according to the an- nual value of the property within the district, as shown by the valu- ation roll; and it shall not be necessary in any such notice to set forth the names of the persons liable to the payment of the rate, or the sums which, according to such rate, such persons are liable to pay, or any other particulars than hereinbefore in that behalf mentioned.
| 34 ALL such rates shall be payable in advance, at such periods | Rate | to be payable n | i ad | - |
| as the Board of the district from time to time appoints. | vane. |
| same to the Board; and in case any such person neglects or refuses to Rates leviable by distress. | 35 ALL such rates shall be paid by the persons liable to pay the |
pay the amount of any such rate for which he is liable, for the space of twenty-one days after the same has been demanded, either per- sonally or in writing, by any collector of rates appointed by the said Board, it shall be lawful for the chairman, and he is hereby au- thorized and empowered, by warrant under his hand, to distrain the goods and chattels of such person, whether the same are on the pro- perty in respect of which the rate is payable or elsewhere, and to cause such goods and chattels when distrained to be sold, and out of the moneys to arise by such sale to pay all costs, charges, and expenses attendant upon such distress and sale, and in the next place to pay over the amount of the rate for which such distress and sale are made, and to pay over the surplus, if any, to the person whose goods and chattels have been so distrained and sold as aforesaid on demand.
| 36 ALL goods and chattels whatsoever found upon the pro- | pro- |
| perty in respect of which any such rate is payable, to whomsoever pAelrltino | tilte ffoolrinrd | ater |
| the same may belong, shall , be liable to be taken under the warrant of distress issued for the recovery of such rate. |
| 37 IN case sufficient goods and chattels of the occupier of any | If occupier's goods insuffi- |
| property cannot be found to satisfy such rate, the same, or any por- | from proprietor.cient, rate may be recovered |
| tion thereof left unremoved, shall be recoverable from the proprietor of the property in the same manner as the same was originally re- coverable from such occupier ; and such proprietor shall be entitled |
to
34° VICTORLE, No. 26.
Local Road Boards.
to recover from the occupier any portion of any such rate to which such occupier is liable, as money paid to his use, or, if not paid on demand, by distress as for rent in arrear.
If occupier or proprietor38 IN case the occupier and proprietor of any property in respect unknown, Collector may of which any such rate is clue is not known, or cannot be found, it distrain on any goods on shall be lawful for any Collector of rates, without previous demand orthe property.
written warrant, to distrain any goods and chattels he may find on such property, and to cause the same to be sold, and out of the moneys arising from such sale to pay all costs and expenses attendant on such distress and sale, and the amount of the rate due, and to pay the surplus, if any, to the person whose goods are distrained and sold, on demand.
| Ad constables to aid. may be in the form contained in the Schedule; and in all cases | Form of distress warrant. 39 THE warrant of distress for the recovery of any such rate |
where a distress is by this Ordinance authorized to be made, all constables shall, upon being required by a Collector of rates, aid in making a distress or sale; and any constable who refuses so to do, shall be liable to a penalty not exceeding Five pounds.
| Further distress in case | 40 IN the event of any distress so made as aforesaid not real- |
| Sat insufficient. | izing sufficient to pay such rate, costs, charges, and expenses as afore- said, it shall be lawful from time to time to make further and other distress, in manner aforesaid, until the whole amount Of such rate, costs, charges, and expenses has been fully paid. |
| Unpaid rate a charge upon | 41 ANY unpaid rate shall be and remain a charge upon the |
| the property. | property in respect of which such rate is payable, and may be re- covered at any future time as if the then occupier had himself been liable to the payment of the rate so remaining unpaid ; and the production of the receipt for such overdue rate, paid by or recovered from any tenant for any rate due before the commencement of his tenancy, shall be a discharge for the amount so paid or recovered in payment of rent to the landlord ; and such landlord shall be entitled to recover from the person who was tenant when the rate became payable, the proportion of the rate to which such tenant was liable, as money paid to his use. |
| Rates may be remitted on | 42 IT shall be lawful for the Board of any district, upon the |
| account of poverty. | application of any person liable to the payment of any amount of rate, to remit or excuse the payment thereof, or any part thereof, on account of the poverty of such person. |
| No track in general use to | 43 THAT no track which has been in general use by the | public |
34° V1CTORI7E, No. 26.
Local Road Boards.
| public shall be fenced across or otherwise blocked up unless the be fenced across or blocked | Committee shall have recommended such a course to the Governor, up without per ission. | m |
| and that it shall have received his approval, which shall be published in the Government Gazette. |
44 THAT Sections A and C of "The Shortening Ordinance,
1853," shall be incorporated herewith, and read as part of this Act.
SCHEDULE.
34° YICTORI}E, No. 26.
Local Road Boards.
SCHEDULE.
DISTRESS WARRANT FOR RATES.
To E. F.,
| Western Australia, 1 WHEREAS complaint has been made before me, C. D., Chairman of thehR | ason | adost |
| to wit. | Board for the district of | that X. B. of |
pae sum id theofopayable by him in respect of certain
property situate [describe property fully J by virtue of the general rate for the said district [or of the special rate for the said district called the (name
| the rate) Rate] made on or about the | day of | 18 |
although the same has been duly demanded of him : And whereas the said A. B. having appeared before me in pursuance of my summons for that pur- pose, has not shown sufficient cause why the said sum of
should not be paid, [or, And whereas it has been duly proved to me that the
said A. B. has been summoned to appear before me to show cause why
the said sum oof should not be paid, and that the said A. B. has neglected to appear according to such summons, and has not shown any sufficient cause why the said sum of should not be paid]: These are therefore to command you forthwith to make distress of the goods and chattels of the said A. B., wheresoever the same may be found, and also of all goods and chattels found by you upon the said property, to whomsoever the same may belong; and (unless at any time before the sale of the goods and chattels so by you distrained the said sum of
together with all costs, charges, and expenses attendant upon such distress, be paid to you) that you cause the said goods and chattels so by you distrained to be sold, and out of the money so arising by such sale that you detain the said sasumofo, and also all costs, charges, and expenses attendant upon such distress and sale, rendering to the said A. B. or other person whose goods and chattels are so distrained by you, as the case may be, the overplus (if any) on demand; and the said sum of you are hereby commanded to pay to me the said Chairman of the said Board; and if no sufficient distress can be made of the goods and chattels of the said A. B. or otherwise as aforesaid, that then you certify the same to me, together with this Warrant.
Given under my hand, this
| day of | 18 |
C. D.,
Chairman of the Roads Board
of
PERTH:
By Authority : RICHARD PETHER, Government Printer.
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