Great Eastern Road Act 1841 (SA)

4 from or new the mid hotel by the mwt easy and convstuent line or

BR R THEREFORE ENACTED BY H18 RXCELLRN(IY GEORCI GREY Esquire

Dyernor and Commander-in- C bief of Her IUajes ty'a Province of South "tnlia by and with the advice and consent of the Legislative Council '"ofas follows that is to say That it shall and may be lawful for the Trustees h named and their successors to make and form the said intended road klicet commencing at the City of .Adelaide and leading through the lands Own aa sections numbers 265 27 1 270 and 894 in conformity with s plan or %h thereof exhibited a t the Survey Office of the Province in the saidcity d from thence extending to the head of Glen Osrnond and from thence the most convenient-line or lines to or near the hotel called the PSorfolk 'm8 in the Tiers the roperty of David Crnfer end from thence by thc

ewy and practioab B llne or liner in the directiou of and to accmmo- P

the settler8 in the Three Brotben lurvey and the countq acljoiniag

line8 to the Village of Ilid~nsdorK ancl from thence to he extended if deemed

I

expedient by otlier convenient lines to the Villages of Mount Ilarker Xairne and Balhannah l'rpviclecl nlways*lhat before any such intended line or lines of road other tlmn the line lending from ,the lower entrance to the upper end of Glen Orrmond now in progress shall be commenced the approval of the Governor in Council shall be first obtained and such approval will a

description of such other intended line or lines shall from time to time

be inserted at least once in the Government Gazette and a sketch of the same exhibited a t the Survey Office for a! least fourteen days before each creveral other portion or portions of the said intended works shall-be commencecl.

Appointment of 11. And be it further Enacted 'That all Her Majesty's Justices of the

Trurteer; Peace for the time being acting tor the said Province or for the county or district of Adelaide together with - ~

John Barton Hack, of Echunga Matthew Smillie, of the Vallies Duncan Macfarlane, of Rfount Barker

IVilliam Giles, of Adelaide

I

Pramis Dnvison, of B1al;eston

.John Finniss, of Mount Barker L

James Frew, of Strathalbyn

rillnn RTncfarlnne, of Glensloy

Edfiard Orli~rne I'hilcox, of Western Flat

George Stevenson, of Adelaide

John Rankine, of Strathnlbyn

Hobert Cock, of Rlount Annan

i I

a l l	George W. Godwin, of Oatlands George V'. Hunter, near X'airne Willism George Field, l\'estern Flat
.Joseyh hiay, \Vestern Flat

b

Richard Domes, near Nairne

William liicharrlson, of Balhannah

Nughes, of Adelaide

George Deane, of Charlton. Watergate

Thotuav Corder, of Dairy Cheek

Stanford, of the Meadows *

Nicol Mein, of Strathalbyn

John Gemmel, of Strathalhp

Rev. Augustue Karel, of Hahl~sdorf

All in the district of Adelaide, Esquires

and their successors to be appointed in manner after provided shall be and

they are hereby appointed trustees for making emending diver t ingimpm~in~

and maintaining in repair the said road or roads and for otherwise p t t i n g

this Act into execution Providing always that* all such trustees as art? or

shall be Justices of the Peace may act as such Justices in 811 matters under

the authority of this Act notwithstanding of their being such trustees.

7

111. And be i t further E n ~ c t e d That it shall and may be lawful for the

succeeding T~~

teer.	said trustees and they are hereby authorised and empowered from time to time at any of their meetings to elect and appoint any number of persons to be trustees under this Act not exceeding the number of twenty-tivc in 3 1
exclus~ve of such trustees as are Justices of the Peace and such person? su
elected and appointed shnll ha tarustees for the purpses of this Act and nrr hereby invested with the same power8 aad authorities for executing this . \ e t
as if they had been herein named,
d*chfl~h

Truateea to take IiV, And be it further Enacted Thnt no pewon her& named or appwnted

or who hall hereafter be choien a trurtee under this Act shell b qualified

or capable of acting as R trustee in tho execution of this Act (except in R&

tninistcri~t~

,,inistering the declaration lierrin~ltcr mentioned) unless before he shall act -

,I such trustee he shall take and subscribe before one oi the said trustees rlia is hereby empowered to administer the same the drclaration following	-
hat is to say-

t c I, A. B. do declare that I will truly and impartially according to the

g bmt of my judgment execute and perform the several powers authorities

and trusts reposed in me ns a trustee by virtue of an Act of the Governor I

in Council 5th Victoria No. 4 intituled ' An Act for making and maim

g (taining the Grcnt linstern Roncl.' "

V. And he i t ft~rther Enacted Thnt it shal! and may be lawful for the hwet ta m&%

nid trustees and they nre hereby authorised and empowered to make d e n zden~ Ui(hl"b h

divert the said road upon in over or through any private lands grounds

,r hereditaments mnking or terrrlering satisfaction to the owners thereof and

,ersons interested therein for the same or for any damage they may sustain hereby snd also in upon over or through any waste or unappropriatecl lands rithout making any s ~ t i s f a c t i ~ n for such wastelands of such width or Ii~nensions as they shall think proper not exceeding sixty feet together with uch paths causeways bridges arches culverts ditches drains and fences on he line of the said road as they fihall think necessary or expedient and i t hall also be lawful for the said trustecs and for their surveyor and workmen rom time to time to enter upon the lands premises or hereditan~ents through

ahich or whereupon such road footpaths causeways bridges arches culverts

itches drains and fences is or are intended to be made or pass and also upon

1)- adjoining lands or grounds to stake out the same in such mnnner as the

id trustees shall think necessary or expedient without being deemed

esgarsen and without being subject or liable to any fine penalty or punish-

ent for entering r continuing upon such lands or premises respectively for %,

iy of the purpos& of this Act and if any person shall pull up remove or *

?strov anv of s\tch stakes or other marks used for the purposes aforesaid v C

iery $em& so offending shall forfeit and pay for every such offence RIIY sum	,.
3 t exceeding Five pounds. Ancl in case of any difference concerning such ~tigfaction or damages to bc so made or paid to the owners or persons in- rested in S I I C ~ private lands grounds or hereditaments upon in over or rough which thc said road may be made widened or diverted between such mers or persons interested in such lands trnd 0thc1'a nnd the said trustees
len it ~ h d l be lawful for any two or more Justices of tire Peace for

L e Provincc on ton dnys' notice in writing being givcn b the one

srty to the other to settle adjudge and finally determine t e matter K

'such satisfaction and damages and the costs of hearing and determining

ie same.

VI. And be i t further enacted That the said trustees may nnd the): are here-

OM-

empowered bywritingunder their hands tqap oint such collectoror collectors

rd such other officers as the said trusleeo shall consider necessary and such

'the tolls arising on the said road together wit K a clerk treasurer and surveyor

hctors clerk treasurer surveyor and other officers or any of them from '

me to time to remove and on removal death or resignation of any such

hers to appoint others in their stead and may and are hereby authorised

empowered out of any of the moneys arising on the said road to allow ~d pay to the said several officers-and to uuch other person or persona as 811 be assisting them or any of them in or about the execution of this Act ch salarieg and allowances for their attendance care labor and services as

ch trustees hall deem remsonable And the said trustees if they shall SO .

ink properehall and may take sufficient security from any treasurer and M fmm any other officer to be appointed by the said trustees under or by

h e of this Act for the due and faithful execution of their respective o f f i c ~.

VII. and be it hrther Enachd That the &d trustees tball hold thek M -

mt meeting a t the Corporation Council room in Adelaide or a t eome other .

avebient place there on tbe firet Monday neat rrftet the paasing of this

Act

Act or as soon after as conveniently may be and may then and from time to time thereafter meet at such time and p l ~ c e as to them shall seem convenient and may adjourn to meet a t such times and places as they or the major part of them present at any meeting may appoint and at auch meetings a11 acts orders and proceedings in the execution of this Act shall be made and all the

owers and authorities hereby vested in the said truetees shall and may be.

. Rad made done and exercised by the major part of the trustees who ahall L c

present the whole number present not being less than three and shall hare the same force and efi'ect as if the some were executed by all the said trustees and that in case ot. an equal number of votes the chairman of such meeting shall have the c~s t ing or decisive vote and that no order or determination so agreed upon shall be revoked or altered a t any subsequent meeting unless notice of the intention to make such revocation or rrlteration shall have been given at a previous meeting and entered on the minutes thereof one reek at least before such meeting or unless such revocation or alteration slinll bc ,

agreed to be made by a major part of the whole trustees qualified and acting i	c
Providing always that no business for the performance of which special
meetmgs are directed to be held Ly this Act shall be done or performed at
any ordinary casual or adjourned meetings of the said trustees unless the	i

same shall be duly ad\-ertised as made special for such purpose or purposes.	a
L '

QaeralMettin@* VIII. And be it further Enacted That the said trustees shall and they ',

are hereby required to hold a general meeting of the Trust once in each v jear after tlie passing of this Act at such times and places as the said

. trustees assembled a t their said first general meeting shall fir and determine of which meeting ten days' notice shall be given in one of the Adelaide newspapers and at such meeting the trustees assembled shall audit their accounts and report on the state of the roads under their care and super-

h intendence to His Excellency the Governor.

" ' V * W i

Acfouatrr IX. And k it further Enacted That all such officers as shall have been or :

shall be nppcinteci by the said trustees shall from time to time when therc-	:
unto required delirer to such trustees or to snch person as they shall for that	:
purpose appoint true exact and perfect accounts in writing under thcir re-	-
'

spective hands of all ~ o n i e s which they and every of them respectively shall

have received to that time by virtue of this Act and how much thereof hath . been paid and disbursed and for vhat purposes together with the proper ", vouchers for such pnymeiits and shall pay all such monies as shsll renlnin in i ' their or any of their hands to the said .trustees or to wcll person ms thcp &all

trustees shall limit or appoint and if any such officer or person shall mfuw appoint to receive the same and not otherwise within such tinw such

. or neglect to deliver up as nforesaicl vithin ten days after hcing ther~untr,

.1

required all the books pnpcrs or writings in his custody or pm er rt.l;tti:~r to

the execution of this Act it s11nll.b~ lnwfd for nny two Justices of the l'cacc U '

for tlie Province upon con~ylaint by warrant. under their hands and w d u to

sumnion such officer or other person to appear before them and upon his ap- 1 ' pearing or not being found to hear ~ n d deterrnint! the matter in a sumniary : way and to settle the said accounts if prodeccd and if upon confession of j such officer or person or by the oath of nny witness (which such Justices are, hereby empowered to administer) or upon inspection of such accounb if pro-

duced it shall appear to such Justices that any of such monies shall h in the

payment thereof by tvamnt cause such moniea to be levied by &stress and "	hands of any such officer or person such Justices shall and m a y on non-
sale of the good. and chattels of auch .officer or p e ~ n and in default of
sufficient ,distrem by hprisonn~ent in the common gaol of the Province for e
q m e not exceeding six calendar months.

l

. , .

,

t,

c, .And Le .it further Emcted 'L'llut every colleclor of tolls appointed ~ C W U * U

ler this Act shall weekly render an account of and pay over to the ,surer of the said trustees all moneys received by him during the current

!k and such treasurer shall thereupon &ly carry the same to the credit

the trust accour~ts a rd pay the snine forthwith into such Bank as the

$tees Inay appoint and if any such collector shall fail se to account and over such moneys wcekly he shall for every such omission forfeit and

8 penalty of Five pounds.

(1. And bc it furtllcr Enncted That i t shsl1 be lawful for- the said ' k ' o e ~ ~ t t d l r. S&+ h S

$tees to erect and set up or build or cause to be erected set up or built	*	':	c& ,) t,	:
In in or across the said roml or any part thereof or on the sides thereof :n where ancl as tl icy sllnll judge llecessary any toll-gate or toll-~ates $ke or turlipikes side-gate or side-gutes side-bar or sicle-bars cham or ias weighing machine or weighing machiues and also one or more toll-
,se or toll-houses wi th outllouses and conveniences suitable thereto et
lear each gate bar chain or weighing nmchine and from time to time to. e down and remove or a1 ter or discontinue the same or any of them as
y the saicl trustees shall think proper to direct or appoint.

C I I. And be it further Enacted That it shall and may be lawhl for the said B.tr oftdk

$tees or any persan or persons to be duly authorised by them to demand	,
l. take the tolls hereinafter mentioned a t the several and respective toll-
es or turnpikes or side-ptes or side-bars or chains or toll-houses which
I1 be erected or placed b virtue of this Act in and upon across or on the
t or sides of the mid 1-03 end that on every day every such day to be	lputed from twelve of the clock a t night to twelve of the clock of the next
&eding night that is to say.

B* d

For every coach chariot chaise gig hearse caravan or otber

carriage and every cart waggon dray or other vehicle if drawn

by one horse or two bullocks . . .. *. . . .. . l 0

For every such carriage or vehicle drawn by two horses or four

bullocks. .. .. . a . . .. . . .. 1 6 -

For evcry such c a u i a p or ve:iicle drawn by four horses or six

bullocks . .. .. .. .. .. .. 2 0

For every such carriage or vehicle drawn by six or more horses

or eight or more bullocks . .. .. .. . .. 3 0

For every such carriage or vehicle drawn by one pony ass or

mule not exceeding thirteen hands high . . .. 0 6 *

Eor every such carriage or vehicle drawn by two or more euch

ponies asses or mules . . . .. 1 0

For evcry saddle or led horse mule or ass . . 8. .. 0 6

For horses mules asses oxen cows or other neat. cattle driven per

head . .. . .. . .. . . . .. 0 1

For all sheep latnbs cnlves hogs swine or g o ~ t s driven each 0 3

icll said rovpectiva sums of money or tolls hall be demanded and taken as

resaid before any horse bullock muleass or other beast or cattle whatsoever 111 be to pnss through any such toll-gate or turhpike or side- e or side-bar or chain which shall be erected or plaoed b virtue of this

t in upon or across the said road or any part thereof or on t 1 e sidee thereof

1 which said respective tolls or sums of money shall be and are hereby

~ted in the mid trustees and shall be applied for the purposes of this Act

manner hereinafter mentioned: Provided always and be i t further Enacted

.at no more than one full toll in any one day shall be demanded or taken*

or in respect of the same horse bullook or .other bemt drawing the aame

4

~h chchsine dray waggon oart or other carriage or for or in mpsct of the

ne horse bullock mule rar or other beaat or cattle laden or unlden and

aro&

not drawiog or for or in respect of the san~c calves 8wine sheep or lambs for passing or repmsing through fill or any of the gates along the aaid rods excepting n l w a p stage coaches or other pul,lic ca.-riages plj ing Cjr hire t l i t /

tolls for which shall be paid and Payable every time of paseing or repassing along the said road: And be it further Enacted That it shall be lawful for

-	the said trust-ees at a meeting to be held for that purpose of which ten days' .	I
notice shall be given in one of the Adelaide newspapers fiom time to time

L to lessen and reduce all or any of the said tolls for and during such t ime

as they shall think proper and afterwards a t any such meeting from time to

time as they shall Eee occasion to advance all or any of the tolls so lessened J	I
to any s u m or surrs not exceeding the rates grnntcd by this Act : Provided always t h ~ t no such tolls shall be lessened without the consent of all pereonr holding undischarged mortgagee of the said tolIs.

from XiII. A d be i t further Enacted That no toll shall be demanded or taken

by tirtue of this Act for any horses or carriages attending his Excellency the Governor of the Province the Surveyor-General or chief officer in command of the police department or returnin therefrom or any such horses

duty or returning therefrom having the pass of such officer or of the Colonial	or carriages attending or returning from atten I ing any public officer on public
Secretary to that effect or from any person or persons for any horse or horses or, other beast or cattle or for any waggon wain cart or other carriage emplop3 in carrying or conveying or going empty to fetch carry or convey or returning empty from carrying or conreying having been emplo jd only in carrying or conveying on the same day any stones bricks timber wood grarel or othcr materials for making or repairing the said road or for building rebuilding or repairing any present or any future bridge or bridges on the said road or of or fiom the surveyor of the said road when engaged in executing or roceeding to
execute the powers of this Act or for any horse beast or ot er cattle or R
carriage employed in carrying or conreying h a ~ i n g been employed only in. carrying or colwe ing on the same day any dung soil compost or rnrrnurc i (save and except F ime) for improving lands or any plou hs barrows or im. ,
plements of husbandry (unless laden also with some ot ]er thing not hereby exempted from toll) or any hay strdw fodder for cattle and corn in the straw i f
which has grown or arisen an land or ground in the occupation of the owner of any such hay straw fodder or corn in the straw potatoes , or other agricultural produce and which has not been bought sold or disposed of or is going to be sold or disposed of or for any horses or ot1it.r beasts employed in husbandry going to or returning from plough or harrow or to and fiom pasture or watering place or going to or returning from being
occasions more than two miles on the said road-or Gf or from a n i p r s o n or ahoed or farried such horses or other beasta not going or returning on those
persons going to or retuning from his her or their usual place of religious worship tolerated by law on Sundays or on any day on which Divine Service is

.

by authority ordered to be celebrated or of or from any inhabitant of any parish township or place goin to or returning from attending the funeral uf

the said road shall lie or from an clergyman or minister of religion going to	any pmson who shall die and % e buried in any township or hamlet in which
horses carts or carriages employed only in carrying or conveying any prisoner	er returning from visiting any sic Z person or on other clerical daty or for

sent by any legal warrant or returning empty after having been so emplo) txl

carriages of whatever description employed or to be

the maila of letters and ex resees under the authority

of the province either W 1 en employed in conveying

fetching or guarding such mails or expresses or in returning back from coo-

reymg or gparding the same or fiw the home or hones of my oBc~nr m-

wldiera

I

lddiers on their xnarch or on duty or for any horse or horses or other beasts h

or any cart carriage or waggon employed in carrying or conveying or return-

ing empty from carrying or conveymg having been employed only in carrying

or conveying the arms or bagg~ge of any such officers or soldiers or emplo ed

in conveying or carrying or returniq empty from havingbeen.emp1oye i n. d

carrying or conveying any. sick wounded or disabled officere or soldiers or for

my waggon wnin c a x o r other carriage whatsoever or the horse or horses or

other cattle drawing the same employed in conveying any ordinance or

Im-rack or commissariat or other public stores of or belonging to Her Majesty	L I
or for the use of Her Majesty's forces or returning empty from having been	* C

_-.

no employed or for any carriage conveying volunteer infantry or for any horse	I
furnished by or for any person belonging to m y corps of militia yromanry volunteer cavalry or infantry or mounted police force of the Province and
rode by him in going to or returning from any place appointed for and on the
days of exercise inspection or review or on other public duty provided that
such pexaon shell be dressed in the uniform of his corps according to the
regulations of such corps a t the time of claiming tpe exemption or for any
horses or carriages which shall only cross the said road or shall not pass
above one hundred yards thereon.

XIV. And be i t further Enacted That if any person or persons shall PemItyfwrmng

t h

I claim or take the, benefit of m y of the exemptions mentioned in this Act not

being entitled to the same every such person shall 'for every such offence

-

forfeit any sum not exceeding Five pounds and in all cases the proof of

exemption shall be upon the person claiming the same. ,

XV. And be it further Enacted That the said trustees shall and they are T.bl@oftdk

'4 hereb required to put up or cause to be put up and afterwards to be con-

tinue d at every toll- ate a table painted in distinct and legible black 1et.ters on s board with a W a ite ground or in the option of the said trustees a printed .

hill in large and legible ch~racters contain~ng at the top thereof the name of

the gate at which the same #hall be put up and also a list of all the tolls..

payable at every such g ~ t e distinguishing severally the total amount of tolls

payable under this Act and the different sorts of carriages for which they are

to be paid where there shall be any variation therein and also a list of the

several gates which shall be wholly or partially cle~red by the payment of

- -

toll at the toll-gate or bat where such table of tolls shall be affixed and the

mid trustees shall also rovide tickets denoting the payment of toll and on such several tickets aha P 1 be specified the name of the gate a t which the same respectively shall be delivered ;md also the names of the several gates freed

by such payment one of which tickets shall be delivered gratis to the	,
person pn 'ng the tall and on the production 6f such ticket at any gate or gates t k erein mehtioned as being cleared as aforesaid by the pn merit

' of the toU a t the gate where such ticket war delioe~ed the person roducin

the same shall pass through the gate or gates thefein me~ltione wtthou	%	.	e i k	S
Paying any further or additional tall.

mI. Aad be i t further Enacted That if any person subject or liable fa P m r ,,f

the payment of afiy of the tolls under and by virtue of this Act shall after &c. toll,.

d~mand thereof made neglect or refme to pay the game or any part or parts ..

, thereof i t shall be lawful for the pergon or persons authorised or appointed .

~ l l e c t such tolls by himself ot themselves or taking.such assistance as he

Or they shall think necessary to seize and distrain any horse beast cattle ' Carriage 6r &het thing upsn at irl respeot of which any euch toU is irnped together with their respective bridlee saddles gears harnqa .or aowutremerrM 01' U)t oarri.ag& in respect of' the horsea or cattle drawing the carriage on * b h 8Wh td is i m p d 6r any of the gm+ or ah(teb of the ps*n or

. pmona r

pcrBons so neglcctiag or rcfking to ~ R J i m l if tire toll or any p ~ r t tlwrrof

so neglected or rcf'usecl to Ile picl and the reusonable charges of ~ u c h scizum and distress shall not be paid within the space of four days nest after mch seizure and distress ~nndc the person or persons ao seizing and clistraitling

nay sell the horse \)east rattle carriages or things so seized nnd dist rained

or a sufficient part thereof returning the orerplus of the money t o arise by such sale (if any) and what shall remain unsold upon demand to the oxner thereof after such tolls and the reaso~~able charges occasioned by such seizure distress and sale shall Le deducted.

S V f T. And be i t further Enacted 'I'hat if ony dispute d l d l heppcn or

arise allout the amount of the tolls due or the chi~~.ges of ~ l~al i iug keepinq or selling a n y distiws made fbrnon-payment of any tolls i t sIlnl1 lie lawful

the collector or the pcrson clistraining to retail1 sucli rl(stress or the rnoner

arising from the sale thereof (as the case rnay be) until the amount of the

tolls due and the charges of the ~nn l i i ng keeping and selling. the irislres~ he

' i~scertainecl by some Justice of the l'ence for the l'rot-mce who 1 1 p n

application made to him for tlint purpose shnll examine the matter otr the

oath of the parties or other ritl~csses and sllnll determine thc amount of the;	tolls duc and shall award such costs and charges to either part)- as to the i
said Justice shall appear right and proper all which costs ancl charges sflall and may be levied and recover~d in case of non-payment thereof forthwith by distress nncl sale of the goods and cl~attels of the person or persons so awarded or directed to pay the snme 1))- warrant under the hand ntrd rcal of such Justice rendering the ovcrplus (if any) upon den~and after deducting the
costs and clrarges of iuaking suol~ distress and sale to the yersoti or Imsoru
whose goorls nncl cl~nttcls sliall have been so diatrainetl snd sold.

XVIII. And be it further Enacted 'l'hnt if m y person shall with any horse

c ~ t t l e beast or cnrringc go off or pass from nny port of the saitl rontl thrmgh, Y

or over any landor ground ncnr or adjoining thereto (not being rr puLlic high-

way and such person not behg thc owiwr or occupier or scrvnnt or one of '

the family of ' the owner or occupier of such Inad or ground) with intrmt to

erode the pnymmt of the tolls ginntcd by this Act or if any owner or orru-,

pier of any such land or ground shall knou in& or willinrly i?rnnit or wfver 1.

any person (except as nfbrcsaid) wit11 anr horse cattle- Lt-iiht or carringe '

whatsoever to go or pass through or over such inncl or ground with i n t ~ n t t,.

evade any such tolls or if any person shall give or receive liom nxry pt?rson

other than the collectors of'the tolls or forge counterfeit or alter m)- note or

ticket directed to be given with intent to evade the ~avn i rn t of the tolls or I

m y part thzreof or if i n y person sliill froudnlent~y or f d r c b ~ ~ pnss tllrollglr nlt j

such toll-gate with any horse cattle beast or cnrriage or shi~ll l c ~ w upm thv said road any horse cattle beast or carriage tr hatsoever by reason \\hcreuf t hc '

payment of uny tolls or duties shall be a v ~ i d ~ d or less~ned ur sl~hll take off m L

cause to be taken off m y horse bullock or ot her beast or cattle from any c a n l a p either before or after having passed throu h any toll-gate or having passed through nay toll-gate shall afterwurds ad B or put any horse or othcr beast

to any such carriage and dmw therewith upon any art of the said road so 8 3

to increase the number of horses or other beasts raninp the mid carri~ce G 7

after the same ~ h n l l have pnssetl through any toll-gate w h & e ~, ~ the jrnyluent of all or any of the tolls shall or may be evaded or if any person sholl do auy

S. other act whatever in order or with iutent to evade the payment of all or any

of the tolls snd whereby the same shall be evaded every such person shall for

every euch offence forfeit and pay ouy sum not exceeding Five poundu.

Power U# fum XIX: And be it further Enacted That it shall' be lawlul for the said

~ O I I ~ trustees at a public meeting to let to fm the tolls of the sereml gates that

be erected upon the said mad afler canring notice to be giveen of the

lime and place for letting the same at least six clays before the day to be

, pointed for that purpose hy affixing such notice upon all the toll- ates on

&- said road and by insertion in one of the Adelaide newspapers an! speci-.

f ing that such tolls will be le' by auction to the best bidder on his pro- . *, *,

a

Jucing sufficient sureties for payment of the sum offered in terms of the

conditions.of letting land also specifying the proposed U set price and that

at the time and place fixed in such notice the said tolls s all accordingly be X expo~ed to be let by ~uction during the out-running of a half-hour sand-

rnd the last bidder s t the out-runn~ng of the said glass shdl be declard'fi: :.+'

farmer or renter of the said tolls and shall forthwith enter into a proper*

qpernent for the taking tlwreof and paying the money at the time specified

in such notice with such ~nrety or sureties for & p e n t tllcreof ancl under

.S . . _ -

such conditions awl in such manner RI the said tr~lstees shall think fit ant1 "* " i 5'

if the person being the last bidder shall not forthwith enter into spch . v . - S -. I. a ,. . ?

agreement it shnll and may be lawful to put up the said tolls again imme- . - 3. ip.

diately for another bidder and in like mnnnrr to continue putting up the . - . . :A

1 ,.

-. . ).

same until a bidder shall he found who shall enter into such agreement - 1

. I

and in case no bidder shall o&!r or in case the same shall not be let at .. 1.

* ".

. .

auch auction i t shall be lawhl for the said trustees to acce t a private	,+	+
.

tender for the same and to demise or let to farm or agree to X emise or to . I

let to farm all or m y of such tolls at the highest rent that can be obtained

therefor or the said trustees may sppoint R collector of such tolls or fix	?-P
some future day for the letting thereof as they shall judge most proper
upon $iag such notice thereof as aforesaid and if the person or persons

t l<

who s all be the farmer or renter or collector or collectors of such tolls .$,

hall take a greater or less toll from any erson or persons than what is ".

, authorised or directed bg this Act he or t ey shall for every such offence R + >

forfeit the sum of Five pounds and the said agreement for renting the tolie

shall if the said trustee8 hall think fit to vacate the same become and, - -

he null and void Provided always that at all such lettings the said trustem ~ i + ! %

ahnll be entitle4 to bid for the tolls so to be let either by themselves or their	" :52;
clerk or treasurer or any other person by them respectively authorised

hovided also that no such tolls shall bo demised or leased for any longer f

term than three years a t one time.	:.	k
5

l ..

t

, XX. And be it, further Enacted That in case all or any pf the anid

tolls shall have been or shall be demisecl. or let, to farm to any person or teeurta.

persons in nny manner whatsoever and the lcsweo ar lessees farmcr or farn~ers

- 6

c '.

thewof shnll neglect or refuse to perform the terms and conditions on which the snnw shall have been or shall be so demised or let or in caso the rent or	pnts agreed to he paid by such lessee or lessees farmer or farmers shnll be
a Rrrenr by tho epnca of seven dnye next after any of the Ja s on which the

I same ought to be pnid pursunnt to tho ngreetnent for letting I o f ~ r m thereof .

Or in case any such lease or agreement shall in any otlrer manner be~me.,?* spkin -

mid then and in any of those cases itsholl and mny be lawful for any Justice %

* 'rk

ofthe Peace for the county or place by warrant under his hand and seal to '. bft+,+$F

order a constable or other peace officer with such assistance gs may be ne-	.. -
cessary to enter upon and take possession of any toll-house or toll-houses toll-gate bar or chain or wei hing machine and the buildings and oppur-

tenances thereto belonging an 8 to remove and put out such legsee or leasees, ,

, . I

farmer qr farmers of the toll. arising thereat respectirely or other persop or

Persons who shall be found therein together with his her or their goods out t

01 and from the possemion of the said toll-house or toll.house~ and 'fmm the ,. ,

: -

Colleotion of tolls and to put the said tmateea or aby one of thm or their

appoiaw o f C k or.other peraop aetiogb~ orpnder their~aqthority into

& poraeiol thmof q c l @ereupon it rhall be lawful for the mid trhrt6a

d .,< ', ". . A.

S ,.& a if

? * ' t

(if they shall think fit) to vacate nnd deternlirle the contract or ngreetnerte

(if any) for demising or letting the said tolls to such' lessee or lessees farmer or farmers and the same shall be from that time utterly void to all intents and. purposes (save as to the covenants or agreements for payment up to that time of the rent or rents thrrcby reserved or other covenants or agreements on the

. losacea' pnlt which sllall hnve bwn Loldcn) as if such demise or agreement , I~ucl nwcr lrcon tnntlo nncl i t shnll ba lnwful for ,the said trustees in ever): ~ualr c r ~ a to clrw~isc? or let to fnrnr tlac said tolls again to any other person ar pcmons or cnnac thcm to be collectecl cl8 i f no formor demise contract or ~greemcut hacl been made relative thereto any rule of law or right to the

* contrary notwithstanding.

Veating elnuse. SXI. And bc it further anacted That the right interest and property

of a i d in all the bridpes tunnels'tolls toll-houses W-eighinc machines and .,

other erectidus and buildinrs lamns bars toll-boards df;ection-boards pouts rails fences allcl other thinis whi'ch shall be erected and povided inApur. suance of this Act with the several

unto respectively belonging and all materials

shall be so provided shall be vested in the trustees

# as necessary for the purposes and with the intent

hereby declared. 0

Mortgageof tollr. XXIL And be i t further Enacted That i t shall be lawful for the said

trustees to borrow and take up nt interest on the creclit of the tolls arising on the said road or roads such sum or sunls of n~oney as they shdl from tinit. to time think proper and .to demise or mortpge the tolls on such rontl or roads or any part or parts thereof nnd the turnpikes and toll-houses for col- lecting the same the costs and charges of which mortgages shall be

of the tolls ns a secnrity to m y person or persons or their trustees W pnid 10 slid1

~dvance such sum or sums of ~noncy which mortgages may be in the wonls or as newly as possible to the effect following that is to say

CC By virtue of an Act passed by the Governor nnci Council of the Province

c60f South Aust4rdia in the fifth yenr of Hcr Majesty Queen Victoria intitulctl

' An Act for making and maintaining the Grent Enstern Road' we whose

" hands and seals nre herelmto subscribed nnct set being of tho

trustees for putt in^ the said Act into csccution in considemtian of thc su111 - -

(g of sterling ntlvancccl and

paid by h 13 of

to the treasurer or clerk of the a id trustees do hereby gmnt and assign unto the s~icl A R ancl his esecutors ndtninistrntors nnd assigns such y m -

"portion of the tolls arising and to nrise an the said tart~pilre mnrt or rirnils

#C and the toll-ptcs r u d toll-houses erected or to h erected for ccdlccting thu

"

sntne ns the said sum of

doth or shnll bcar to the whole sum now or hereafter to hcome duo nnd

owing on the security thereof to have hold recei~e and take the said pro-

portion of the said tolls toll-gates toll-houses and premises with the nppur-

"

tcnnnccs unto the said A 13 and his executors adlninistmtora and assign9

"

for ttnd during the residue of the term for which the said tolls are gmntal

"by the said Act unless the said sum of

"with interest after the rate of per contum per annum shell bo

"sooner repaid and satisfied. Given under our hands this

day of One t houssnd eight hundred and

And copies of all auch mortgages shall be entered in n bmk to be kept for that purpose by the clerk to the said trustees And it shall be lawful for all persons respectively to whom any mortgage shall be made as aforemid or who shall be from time to time entitled to the money thereby secured to nulign or

(ruurfer hb hex OX their right title wd intenat h an4 to rueh mortgqp and .

" -

the

C ,

l	11	1
l	%.

1 the pincipal money hn(l intercst 'there11 secured to any permm or

whomsoerer which assignment or transgr may bc made len the fo P"""" l o ~ i n g >; ~ ~. s

words or as ncarly as possible to the like effect to be eudorsed on such mort- gage security or to be uncle~written or thereunto annexed and signed in the

presence of and attested by one or more credible witness or witnesses '(that is fith"

to W ) I, A B [or I, C D ossignce executor or administrator of A B as the case

..

~ m a y happen] do hereby assign ancl transfer this mortgage security with all

my right and title to the principal money thereby secured gad all interest &+B*

rc now due and hcrenfter to Zwo~ne due upon the same unto E P his or het ',

rcexecutors adiniinistmtors and assigns. Bated this

" day of One thousand eight hundred and

(Signed) "A I3 or C D. . & *

I r Witt~ew G 1-1.'' !*

Which transfer shall be producccl and notified to the clerk of the saitl trustees t.

wihhin fourteen clays nest nftcr the day of the clate thereof e h o sl~all enter g*

the sanle in thc soid book and such transfw sliall then entitle such, -, -

t )

S . - 2

assignee his esccutors ndnlinislrnlors itlld assigns to the full bensfit of such	.
- %

mortgage security and cvery such r.ssignec may in lfkc manner assign and 2

transfer the snme nnd so tolies quotie.9 and i t shall not be in the power of	..
any person or persons (except the person or persons to whom the same shall
be last transferred his her or their respective executors or adl~inistrstors) to
release discharge or make void the original mortgage securiby or the moneys

.

due thereon or any pnrt t h e o f and all persons to whom any such mortgage '.

or transfer shall be made as aforesaid shall in proportion to the sum or sums

of money thereby secured bc creditors on the said tolls toll-gates and toll-

houses in such order as shall be agreed upon and stipulated by the said

trustees at the time of the advances respectively made.

XXILT. Provided always that the said trustees shall not be pmonaHy.

aubject to or liable to be charged with the payment of any smn or sums of

money by reason of their having signed or executed any mortgage or assign-

ment by way of mortgage or other security to be made *by virtue of this Act. -

i~	:
I	/

.d .

. %

.U.

? +- :'a* 1

' *	1
!	i
* L

And

,S, *, *% ,- 57 T.*33" * > v \, ., "%. - ;.;

*

ir: +k,, *. <

! - "

I

M t

:i	.. iY	Provision	aa	to
.,

fehcittgrecdnnrof XXV. And whcreas certain agreements were mad0 by the Colonial

:i <:	private partier.	Government ib contemplation of carrying the said road into execution with the
, I	'
pmprietors of certain sect.ions to the effect that the said mad nhauld be allowed

1 J ,.

?..I	to be carried through the said sections in comformity with a plan thereof
, 1:	prepared by the Surveyor-General without any price or consideration being
&*!'lF	paid for the land so to be occupied the Government becoming bound

. - fence the said road where it, passed through the said sections a t the public

, i

j, " expense And whereas i t will be incumbent on the said trustees to relieve

I . ..

the Colonial Government of their said obligation so soan as i t may be

(lie power of the said trustees Be it therefore Enacted That in the event d

tile snici fences being a t any time hereafter made in whole or in part by the

Colonial Government by the proprietor or proprietors of the said sections or - -

any of then1 or by any other person or persons with the consent ~ n d approra]

-

of the said trustees and of the Surveyor-Genera1 for the time being tht

exllense of such fences sliall form a charge against the said trustees trom thc

date or dates of the same being duly executed and so certified by the Sur.

veyor-Geneaal and such expense shall bear interest from such date or dates

-

a t the rate of ten per centum per annum And the said trustees shall be

, bound to p a n t to such party or parties so constructing the said fences a

mortgage or mortgages for the ascertained amount or amounts of the expense

thereof Provided always that such mortgage or mortgages shall be post.

p o n d in point of priority to the sums advancecl or to be adranced by the

Colonial Government in making the said road from and since the said fourth

day of June One thousand eight hundred and forty-one and also to any

mortgage or mortgages that map be granted by the said trustees for money

bo~rowed on the credit of the said trust to enable the trustees to defray the

aid advances and roceed with the further execution of the said road And

in repair at t.he sole expense of the proprietor or proprietors of the land	further provided T R at all such fences after being once formed shall be kept
on which the same shall be respectively erected,

De~troying t m - . XXVI. And be i t further Enacted That if any person shall unIawfbllr

~ ~ ~ ~ and mdiciously throw down level or otherwise destroy in whole or in part g ~ ~ ~ ~ ' ~ *

any turnpike-gate or any wall chain rail post bar or other fence belonging to any turnpike-gate, or any house building or weighing-machine on or con-

l nected with the said road every such offender shall be guilty of a misde- meanor and being convicted thereof shall be punished accordingly, l

pemlty a naig- XXVII. And be i t further Faacted That in case any person or personr

r ! ting, %c. shall resist or make forcible o position against any person or persons em-

* .

,,,

* ployed in the due execution of t g is Act or shall assault any surveyor or any collector or collectors of the tolls in the execution of his or their office or

1 '1 '

I *I	offices or shall p ~ s s	through any turnpike-gate or gates rail or raila chainor!
!+l 4

! $ '	chains or other fence or fences to be set up under the authority of this A&
f l,	without paying the toll appointed to be paid a t such gate or other fence a ,

,. v ' v

,,I' I

!,J shall hinder or make any rescue of cattle or other goods distrained by rirtur

.

of this Act every such person offending therein shall for eaery such offem'

1'; 1 ' .

forfeit any sum not -exceeding Ten pounds ~t the discretion of the Justice or'

$! L .

Juslices of the Peace before whom any such person shall be convicted.

I $ l.

I

on mi*wdwtby, . XXVIII. And be it further Enacted That if any Collector of the mid tob/

cohctqe.	i shall demand or take a greater or less toll from any person than he shall be.
authorised to do by virtue of the power8 of this Act oz of the orders and*'

.

resolutions of the mid trustees made in pursuance thereof or shall demand

. or take a toll from any person who shall be exempt from the p e n t thereof

and who- shall claim mch exemption or nbdl refuse to permit or anfb W:

penon to read the ~upe~lcriptiom on the' said board or pfhge to tell his; cbrbtiep;

cllristian and surname to m y person who shall rlemnnd the same on being-	.
r.4 :Ip;..+$,*".;S .'

p~ id the said tolln or m y of tlwm or shall in anfiwer to such demand give a 6 +.$C', * .<,*

false name or shall rcfuao or omit to give to the pcrson p ~ y i n g the toll a " '"

ticket denoting the pylncnt thereof and otherwise in terms of this Act or i.

upon the legal toll being paid or tendered shall unnecessarily detain or wil- .G?"<

h v

.. '

fully obstruct hinder or prevent any passenger from passing through any.

, Y

turnpike or toll gate or shall nwke use of any scurrilous or aLuuive language &, *4:5

to any trustee travellcr or passenger then and i n every such case every , a @,

such toll collector shnll forfeit and pay any sum not exceeding five pounds ,, * :

for every such offence. $ a.r

I	**"C
>"

XXIX; And hc it further Enacted That it shall be lawful for the surveyor Prov~e~on fat sub

I

of such road and such person as he shall appoint to rcmove and prevent all sallces*&c* 1.

annoyances an evcry ~ I R I t of the said road by filth clung ndles timber stones 2 b-,

; ' X, '-"

rubbish or an other matter or thing whatcl-er being laid down or thrown ,

a on the said road or upon m y open or waste ]ancl within t~lirty foot limu

.

t e centre tliercof nnd thr charges of removing such annoyances to be settled

by any one or Illore Jwlic.c or Jwtices of the Peace for the 1'1.ovii1ce shall be

reimbursed to the said survryor b y the person or persons causing the same

a

and if after the removal of any of the sai l amoy;inces any person shallagain

offend in the like kind eve:y such p c ~ s o u shall for every such offence foxfeit

and pay any sum not exceeding five pounds.

"""v; .& #

XXX. And be i t further Enacted That if any person or persons shall <&.

wilfully pull down break injure or damage' m y table of tolls put up or fixed Darnam . * L, " t . 4

."* k

. I ._ . I

a t any of the said toll-gales or wilfully deface or obliterate any of the letters

or marks thereon or wilfully pull up throw down break injure or damage any

posts rails or fences put up by order of the said trustees or their surveyor by. the sides of such road or a t or near any open place in order lo prevent acci- dents or if any person or persons shall wilfully cause any damage or injury to be done to any bridge arch wall or other building erected or to be erected *:%rxi;q$w lflm-& ,- L

'

on any part of the fiaid road or by the sides thereof or shall n.ilfully cast or

throw earth rubbish or other materials info any drain ditch culvert tunnel or	,	-.	~	r	a	.	~	~
other watercourse ao as to obstruct ihc water from running or driiining OR

the said road or shall ride or drive any carriage upon any footpath by the	l; * a 3 y ~
aide of the said road made for 'the acccmmodation of foot passengers or if
the driver of any waggon cart coach or other carriage shall not keep his car-

riage on the left or near side of the road or if any person ahall in m y manner	-.
wilfully prevent any other erson or ersons from passing him or any -

carriage under his care upon t e said roa 1 a or by negligence or misbehaviour

prevent hinder dr interrupt the free passage of any carriage or of Her Ma-. -kip . - t & f g

.*"Bp *

jeaty's subjects on the eaid road every person offending' in any of the cases

aforesaid shall for each and ever such offence forfeit and ay any sum not

exceeding five pounds over and a ove the damages occasione E X thereby.

a

XXXI. And be i t further Enacted That it sball be lawful for the sur-

veyor to the said trustees and for such persons as he shall appoint to search Taking matride 16

far dig and carry away any matcrials for making or repairing the said road	,&.
4 , ? A

or roads out of any waste or public lar~ds in the neighbourhood of the said , . -:-=a .p.ir a-.,

roads without payin any thing for such materials and without being deemed - ..

tre~passera the sai t f surveyor filling up the pits or quarries or levelling the -

ume 60 thatathey ahall not be dangerous to persona or cattle and pa ing or tendering sati~factjon lot dams e dons by going through cnc~oscd land8

h a -h such mate rid^ An tf also* that it .shall ebs lawful. for the raid

afijrcldoSjd to' eearcb for and . , carry , . away . .auchrnatqial$ in .

;Q$, . ' * -

, I . I @ ! d& . . ( OT

., .

,. a .

" , .

. . * ; r * *

.

..

or out of the land of any person where the same may be found in the neighbhrhood of such roads making or tendering such satisfaction for such materials and for the damage done to the owners or occupiers of such lands as the said trustees shall judge reasonable and in case of any difference between such trustees surveyore or others as aforesaid and the owners and

-	occupiers of the said lands or any of them concerning sudh payments and damages as aforesaid any two or more Justices'of the'Peace for the said county or district of Adelaide on ten days' notice thereof being given in writin by either party to the other shall hear settle and determine the matter
of suc a paymentcl and damages and' the casts of hearing and'determining the
same.

Power to mke XXXII. And bo it further EnactedfThat ditches drains or watercourwi of

dnim.	a sufficient depth and breadth for keeping t.he said road dry and conveying
the water from the sane shnll be made by the said trustees or their surveyor or other officer on the sides of the said rond and also where necessary into or thmugh any fields lands or grounds acljoining to or lying near the said road at the expense of the said trustees out of the moneys to be received by
virtue of this Act the said trustees nlaking such satisfaction to the owner or occupier of such lands so to be used for the damages which they or any of them may sustaiti thereby as the said trustees shall judge reasonahle and in case of any difference between such owners or bccuyiers and suck trustees touching such damages the same shall be 'finally settled by any two or more Justices of Peace for the Province.

XXXII~. And be it fuhher Enacted That thesaid trustees magi'sue ant1 be.

To '"'

8 4 4 be sued in the' name of anv one of their dumber 6r of thkir clerk' for the time

being and that no sctio; or sui t to be brought or dommenkkd dy or a'geiid

any trustee for the time being bg virtoe of this Act in th,e name of any one

of such tmstees ot of their clerk shall abat4 or tie' discon'tinued by the death or removal of such trustee m clerk or any of thehi without the consent of the said trustees but that any bne of such trustee4 or clerk for the time being shall always be deemed to be the plaintiff ot deyeehdant (as the case may be) in every such action oi' suit Provided alweyrr that e+erj such trustee

.

or clerk shall be reimburhd and pat1 but of th8 trust moneps aU such costs charges and expenses ae lie shall be ph t to or become chargeable wit h by reasoir df his being so made laintiflFor,defehdm€ Piovided also that the real and personal property o !an? art& trusted or clerk so formally made plalbtiff or defendant shall not be in any wise liable t? be attached se- questered or taken in execution for the &f~onbt bf ad) .verdict reco~ered or for ani costs damages or exdeqecs whatsoever incident thereto noi shall the persbn cif aiq such trtistea or clerk be liable. to be taken' in eidbution but

ncoursa shall be Had in &erg !d?h ease to, the fun& eceived by the trwtees foi the time bbi@ for toll$ and ahdl8d #bid dr p i d i d dnlr thereout.