Main Roads Act 1874 (SA)

ANNO TRICESIMO SEPTLMO ET TRICESIMO OCTAVO

A. D. 1874.

No. 12.

An Act to Amend and Consolidute the Law relating to Mak Roads

in South Australia.

[Assented to, 6th November, 1874.3

HEREAS it is expedient to amend and consolidate the law Pmamble.

W relating to the making, improving, m d maintaining of main roads in the Province of South Australia-Be it therefore Enacted

by the Governor of the Province of South Australia, with the advice

wld consent of the Legislative Council and House of Assembly of

the said Province, in this present Parliament assembled, as follows:

1. This Act may be cited as the " Main Roads Act, 1874." . Short Title.

2. The several Acts mentioned in the First Schedule hereto, so Repeal.

T

far as the same in anywise whatever relate to or affect main roads, shall be and the same are hereby repealed; but, in so far as the same define and relate to or affect district roads the said several Acts

shall be and remain in full force and effect, provided as follows :--

Firstly-That no Act heretofore repealed by the Acts in the said

Schedule specified, or any of them, shall be revived by virtue of such repeal:

Secondly-That the Central Board of Main Roads, the Local

Board of Main Roads for the District of Port Augusta, the Local Board of Main Roads for the District of Mount Gambier, and the Local Board of Main Roads for the District of Port Lincoln shall not, nor shall any or either of them, be subjected to any disability whatsoever by reason of such repeal:

Thirdly

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The Main ~ o a & Act.-1874.

Thirdly-That no suit or other proceeding shall be prosecuted

against the said last-mentioned boards, or the officers thereof, respectively, or against any person acting in the execution of the repealed Acts, for anything heretofore legally done thereunder:

Fourthly-That all proceedlings which may have been com-

menced under such Acts, or any of them, before this Act shall come into operation, may be continued, and completed under such Acts.

Division of A C ~. 3. The subject matter of this Act shall be divided into the follow-

ing parts-

PART 1.-Abolition of existing Central and Local Boards of Main

Roads:

PART 11,Declaration of Road Districts:

PART 11r.Declaration of Main aoads:

PART IV.-Proclamation of Road Districts:

PART v.--.Local Boards:

PART v[.-commissioner of Main Roads, Powers and Functions:

YART VII,-Saving of Actions, Vesting of Roads:

PART v I 11.-Qualification and Disqualification for Members of

Local Boards; Declaration to be made; Vacancies and how to be filled up:

PART X.-Proceedings of Boards:

PART XI.-Officers and By-Laws:

PABT XVI.--Duties, Powers, and Privileges of Commissioners of

Main Rods and Local Boards:

PART xv11.-Miscellaneous Provisions.

PART I. PART I.-Abolition of existing Central and Local Boards of Main

Roads:

Abolitiohof Central 1	4. From and after the commencement of this Act the Central Board of Main Roads for the Province of South Australia shall no longer have the care, control, and management of main rpads within
Boad Board.

the

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The Ma62 Roads Act.-1874.

the said Province, and the said board, and all the powers and	PART 1.
authorities heretofore vested in and exercised and enjoyed by them, shall, subject to thc provisions herein contained, absolutely cease and be determined.
5. From and after the commencement of this .4ct, the Local Board of Main Roads for the District of Port Augusta, the Local Board of Main Roads for the District of Mount Gambier, and the Local Board of Main Roads for the District of Port Lincoln, shall no longer have the care, control, and management of Main Roads within the limits of the Rond Districts for which they have been severally appointed; and all the powers and authorities heretofore vested in and exercised and enjoyed by the said several Local Boards shall, subject to the provisions herein contained, absolutely cease and be determined.

PART 11.Declaration of Road Districts: PART 11.

6. The districts set forth and described in. the Second Schedule Declaration of Road

to this Act, shall be and they are hereby declared to be Road

Districts of the Province of South Australia.

7. The formation of any Municipal Corporation or District Constitutionof ~ u n i - cipalities and District

Council within the limits of any Rond District, or the alteration of councii8, not to

the boundaries of any existing municipality or of any district formed cause same to cease to be part of Boad Die.

under and by virtue of the Dlstrict Councils Act, 1858, or any Act tricts,

amending the same, shall not cause the land comprised within any

municipality or district now existing. 01. hereafter to bc formed as

aforesaid, to cease to form part of thc Road District within the

limits whereof the same may bc situated, except so far as is

next herinafter contained, nor cause the ,same to cease to be subject

to the provisions of this Act

8. Whenever the boundary, or boundaries, of any two or more Alteration of boun-

rnimicipalities or districts in the last preceding section mentioned "rie8hcertainoase@+	shall also form the boundary, or boundaries, of two or more Road
more of such municipalities, or districts, shall be and be deemed to be, to the extent of such alteration, the altered boundary or boundaries of such Road Districts; and the Governor shall, immediately after such alteration shall have been effected, by Proclamation, declare and define the altered boundary, or bounda- ries, of such Road l)istricts accordingly,
PART 111.Dec1aration of Main Roads: PART m.

Districts, the alteration of the boundary, or boundaries, of any one or

9. The lines of- road set forth in the Third Schedule hereto, ~ ~ ~ t i o n a f m ~ i ~

together with all bridges and other public works conilected there- with, shall be, and they are hereby declared to be, main roads of the said Province, notwithstanding that portions of some of such roads are situated within the boundaries of certain Municipal Corpora-

tions. 10, Main

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The Muin Roads Act.--1874.

PART III. 10. Main roads shall be in all places not less than sixty-six feet in

wiaa of main roads. width, including footpaths, and any bank, ditch, or fence on either

side thereof.

PABT IY. PART rv.-Proclamation,of Road Districts:

Proclamation of Road	1 1. The Governor by Proclamation in the	Government
Districts.

Gazette, may declare and define one or more Road Districts, not being within thc limits of' any of the Road Districts in the said Second Schedule set forth and described.

Governor may add to 12, The Governor may, by Proclamation in the Government

R o d District land

not in a dietrict. Gazette, from time to time, if he shall deem fit, alter the boundaries of any Road District, or add thereto any portion of the said Province actually adjoining such district, and not lying within the limits of any Road District; and every such portion so added shall thereupon become, and be part of, such first-mentioned District, to all intents and purposes.

PART v. PART v.-Local Boards:

Appointment of Local

Board, and incorpora- 13. At any time after the passing of this Act, the Governor

tion.	may appoint, in and for each Road District of the Road Districts declared by section six of this Act, and from and after the Procla- mation of any Road District or Districts, as provided by section eleven of this Act, may appoint in and for each proclaimed Road District, a Local Board consisting of five members, for the term of one year, and the said Local Boards so appointed shall form the first Local Boards respectively for such several Road Districts; and the Governor from time to time may remove any member, and may appoint any person to fill any vacancy that may occur in such Board during such term of one year, whether caused by any such renloval or by any other cause; and the said members, and all succeeding members of every such Local Board, whether appointed or elected, shall be, and they are hereby incorporated; and shall	be capable, for the purposes and subject to the provisions of this	Act, of taking, purchasing, acquiring, holding, selling, and convey-
ing lands, and of doing and suffering such acts and things as bodies corporate may by law do or suffer.
Corporate name of
Local Board.	14. The corporate name of each Local Board appointed or elected under the provisions of this Act shall be "The Local Board of bditin Roads for the District," such blank being filled in with the distinctive name of the particular Road District, as set forth in the Second Schedule hereto, using such name, and every such Local Board of Main Roads by its corporate name may sue and be sued.
Governor to appoint

two members of 15. Of the five members by this Act required to constitute each

board.

Local Board, two shall from time to time be appointed by the

Govcmor.

16. Every

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The Main Roads Act.-1874.

16. Every Local Board constituted under this Act shall have and use a seal with the words "The Local Board of Main Roads, --

Seal.

District," engraved thereon, and such seal shall only be affixed to deeds, instruments, or documents, in the presence of the chairman and secretary of the board using the samc, or of two members of such board and such secretary; and to every deed, in- strument, or document to which such seal shall be affixed, the said chairman, or two members (as the case may be) and the said secretary shall add their names as witnesses.

PART VI.-Commissioner of Main Roads, Powers and Functions:

Pub-

17. The Commissioner of Public Works for the time being of the said Province from and after the commencement of this ,4ct, shall	Commissioner of
lic Works to bo Com-

missioner of Main

be the Conimissioner of Main Roads for the mid Province, and, in	Roads.
the exercise and execution of the powers given by this Act, shall

be sty led " The Commissioner of Main Roads."

18. The Commissioner of Main Roads may make and enter into, and bc or become a party to any contract or agreement,	enter into contracte,
Corumissionm may
deeds, obligatione, &C., and sue and be
and may make and execute, seal, and deliver and become a	sued.
party to any instrument or document whatsoever which may in anywise howsoever be required or be requisite or necessary to be' entered into for the purpose of carrying into effect all or any of the provisions of this Act, hnd may take security by bond, obligation, or otherwise, and sue or be sued, implead or be im- pleaded, before any Court or tribunal whatsoever, and in every such contract, agreement, deed, or instrument, bond, obligation, and pleading, and i n a11 notices, orders, ccrtificates of title or other writings whatsoever, in which it shall be necessary to mention the Commissioner of Public Works acting as Conmissioner of Main Roads, it shall be sufficient to designate such Cornmissioner in the rnanncr in the last preceding clause directed.
19. From and after the conlmencernent of this Act, and from and after the proclamation of any Road I)istricts, and until	Roads to act till
Commimioner of

boards appointed.

the annointment of Local Boards for such Districts under the

hereinbefore con tnined, the Commissioner of Main Roads,

shall have, use, exercise, arid enjoy, in reference to such Road

Districts, and to thc main roads therein, all the powers and

authorities, rights and remedies, and shall perform and do dl the

duties and acts which might have been had, used, exercised,

enjoyed, performed, or done by the Local Boards of Main Roads

for the sald Road Districts, as fully and effectually, to all intents

and purposes, as if such boards had been duly appointed or

elected, as the case may be.

20. Whenevcr a Road District shall be Proclaimed, and a Local When board ap-

Board appointed therefor, the powers, authorities and duties of codeioner, pointed, functions of

the Commissioner of Main Roads, shall cease within the limits cease.

of such Road District immediately after the appointment afore-

said.

PART V I I.

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l 'he M~i?z Roads Act.-1874.

Paar VII. PART vrr.-Saving of Actions, Veating of Roads:

Saving of actioner.

21. All rights, liabilities, contracts, and engagements existing,

and all actions, suits, and other proceedings pending at the com-

mencement of this Act, of, or by, or against the said Central Board of Main Roads, or the Local Boards, mentioned in section five of this Act, or any of them, or of, or by, or against any person or persons in the right or on behalf of such Central Board, or of the hereinbefore mentioned Local Boards, or any of them, shall be vested in and attach to and be enforced, carried on, and prosecuted by or against the Commissioner of Main Roads, instead of such Ccntral Board, or Local Board, as the case may be; and no such action, suit, or other proceeding shall abate or be discontinued or prejudicially affected by the abolition of the said Central Board, or Local Boards, or any of them, or by reason of this Act.

yesting of ~ O ~ I S.

22. All roads hereby declared to be main roads, and which here- after may be dcclarcd to be main roads, together with the timber growing thereupon, and together with the bridges thereof, and all public works connected therewith, and the right, title, property, and interest therein, and in all lamps, direction boards, mile-stones, posts, rails, malls, chains, fences, ttnd other erections and buildings, with the appurtenances thereto respectively belonging or appertain- ing, and the materials of which the same shall consist, and a11 materials, tools, and implements which the Central Board of Main Roads, or the Local Boards mentioned in section f ive of this Act, or any of them, is or arc now seized or possessed of, or well entitled to, shall be, and are hcrcby vested in the Commissioner of Main Roads, until the appointment, as bereinbefore provided, of Local Boards of Main Roads; and from and after the appointment of every such Local Board so much of the said main roads, together with the bridges thereof, and of the public works connected therewith, and of the lamps, direction hoards, rde-stones, pouts, rails, walls, fences, and other erections, and buildings, and appurtenances, and of the materials of which the same consist, and of the

limits of the Eoad District thereof, and all materials, tools, and materials, tools. and implements as are, or shall be, within the

implements thereafter provided by such Local Board shall be, and they are hereby vested in and under the care, control, and rnanage- ment of such Local Board.

PART ~111.-Qualification and Disqualification for Members of Local

Boards; Declaration to be made; Vacancies, and how to be filled up:

Quamcationof rnem-

ber of board. 23. In order that any person may be qualified to be it member of

a Local Board of a Road District, he must be possessed of freehold or leasehold property of the rateable annual value of Fifty Pounds at the least, within the Road District for which he may become a member, and must reside within the district for which he may be elected.

24. No

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The M a h Roads Act.-1874.

24. No Special Magistrate, or Stipendiary Magistrate, or person

holding any publican's general licence or wine licence, no uncer- Disqualification of

tificated bankrupt or insolvent, no person attainted of treason or member.

convicted of fecony or any infamous crimc, no person of unsound

mind, and no person convicted of any misrlemeanor for which sentence

of imprisonmcnt otherwise than for the non-payment of any fine,

shall be passed, shall be capable of being or continuing a member

of the Local Board of any Road District.

PABT VIII.

25. No person who shall hold any office or place of profit under NO officer of, or con-

or in the gift of the Local Board of any Road District, or who shall be concerned or participate in anywise in m y contract with such board, or in the profit of such contract, or of any work to be done under the authority of such board, shall be capable of being or continuing a member thereof: Provided that nothing in the preceding part of this section shall extend or apply to any contract entered into with the board of any district by any company, partner- ship, or association consisting of morc than twenty persons, where such contract shall be entered into for the general benefit of such company, partnership, or association, or to any lease, sale, or purchase of any land, or to any agreement for any such lease, sale, or purchase, or for the loan of money, or to any security for the payment of money only, or to any materials which may be quarried and taken from any land at the expense of any person other than the owner or occupier thereof, but no member shall vote or take part in the discussion of any matter in or before the Local Board in which such member shall directly or indirectly, by himself or his partners, have any pecuniary interest.

shall vote upon or take part in the cliscussion of any matter in or member wting. 26. Any member of a Local Board, who knowingly and wilfully Penalty on interested

before the board in which such membler shall directly or indirectly, by himself or his partners, have any pecuniary interest shall, on conviction, forfeit and pay for every such offence a sum not exceeding Fifty Pounds.

27. No person shall be capable of acting as member of any Local Declmtian

Board, except in administering the declaration hereinafter men-	made by members.
tioned, until he shall have made and signed, before one of the members, a declaratioll to the following effect :-W 1, , do hereby declare that I will faithfully and impartially, according to the best of my skill and judgment, execute all the powers and authorities vested in me as a member of the Local Board of Main Roads for

the Road District of , by virtue of the Main Roads Act, 1874,

and also that I am not disqualified as a member in terms of the

same Act."

28. Any person who shall falsely or corruptly make and subscribe F ~ I S ~ I ~ declaring

the declaration aforesaid, knowing the same to be untrue, shall be maaemldemeaOr-

guilty of misdemeanor.

'20. Every

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The Main Eoads Act.-1874.

Paar VIII. 29. Every person who acts as a member of a Local Board, being

Pelldts far acting aa incapacitated under the provisions hereof, for being or continuing

member when

incapacitated. such member, or before he has made and subscribed such declara-

tion as aforesaid shall (save in case of incapacity arising from unsoundness of mind) be liable for every such offence to a penalty of Fifty Pounds, and such penalty may be recovered by any person in manner hereinafter provided, without any other evidence being required from the informant than that such person had acted as a member of such board in the execution of this Act; neverthe- less all acts as a member, of any person incapacitated as aforesaid, or not having made and signed the declaration aforesaid, done previously to the recovery of the penalty, shall be as valid as if such person had been capable, and had made and subscribed such declaration,

Causeeof vacancies. 30. The following causes shall create an extraordinary vacancy

in any Local Board-

Death or Lunacy:

Non-attendance at the meetings of the board for a period of

six consecutive ordinary meetings:

Disqualification as hereinbefore defined:

Resignation by notice, in writing, by the member resigning

delivered to the chairman or secretary of the board:

Refusal to make or sign the declaration hereinbefore prescribed:

Judgment of ouster of the Supreme Court of the said Province:

And, when any extraordinary vacancy shall occur in such board, the chairman shall cause all necessary proceedings to be taken, as hereinafter provided, for the purpose of filling such vacancy or vacancies.

Vacanciesby ~hhota	31. All vacancies in the office of member of any Local Board as are qualified for membership.
filled up.	shall be filled up in manner herein provided from such persons
Members to be elected

32, Members of every Local Board, except the first manbers who may be appointed pursuant to section thirteen of this Act, and except as is provided by section fifteen, shall be elected as herein provided, or be appointed by the Governor as herein provided, for the term of three years, in manner herein contained.

for three years.

* e n ~ & o w e l ~ ~. 33. The Municipal Corporations and District Councils within the Road District for which any Local Board shall have been appointed, shall elect the members of such board, or such of them as by the next clause is provided; and, in case any Road District

shall

37' & 38' VICTORIB, No. 12.

The Main Roads Act.--1874.

shall have no such Corporation or Council within its limits, then,	PAm IX.
and in such case, the Governor shall appoint the members of the board for such district, and the porsons so appointed shall be members thereof accordingly, to all intents and purposes, as if elected for thc term of three years aforesaid.

34. In case any part of any Road District, by this Act declared, Governor to limit

or which may hereafter be declared and defined by the Governor, to bcelectedb certain number of members

as hereinbefore provided, shall not be comprised within the limits cases to appoint

of _any Municipal Corporation or District Council, then, and in	the remainder.
every such case, i t shall be lawful for the Governor to limit and declare the number of members of the Local h a r d of such district to be elected by the Corporations and Councils within such Road District, and such Corporations and Councils shall elect the number of members so limited and declared as aforesaid, and no more; and the Governor shall nominate and appoint the other member or members for such Road District, who, with thc member or members so to be elected as at last aforesaid, will together constitute the number of members by this Act required t o form the said board; and the persons so nominated and appointed by the Govenior as last aforesaid, shdl be members thereof accordingly, to all intents and purposes, as if elected for the term of three years from the date
of any such last-mentioned election.

35, Three calendar months before the expiration, by cffluxio~i of Election, how con-

time, o f the period for which a Local Board shall have been appointed or elected for any Road District, every Municipal Corporation and IJietrict Council within the limits of such Road District shall transmit, to the chairman of such board, a paper in the form in the Fourth Schedule hereto, or as near thereto as circumstances will permit, nominating five persons, or such less number (if any) as the Governor may have declared to be the

number to be elected, as members of such board, signed by the Mayor and Town Clerk of each Corporation on behalf of the

Corporation, and by the District Chairman and the District Council

Clerk on behalf of each District Council; and the chairman of the board, at the first ordinary meeting of the board, held after the time hereinbefore appointed for nominating the persons aforesaid, shall, in the presence of the board present at such meeting, inspect such nomination papers, and shall declare those persons to be elected who shall have received the largest number of votes, according to the scale hereinafter provided; and such nomination papers shall be preserved by the chairman of the board, and shall be open at all reasonable hours for inspection by any member of a Municipal Corporation or District Council during the period of three months next succeeding [such elcction; and the chairman of the board shall publish the names of the persons nominated, and the number of nomination papers in which such names were contained, and the number of votes given, in the Government Gazette.

36. Every

104 37' & 38" VXCTORIB, No. 12.

The Hain &odds Act-1874.

PABT IX.

36. Every Municipal Corporation and every District Council within a Road District shall be entitled to have, and shall give at every election of a Local Board one vote for each person so nomi- nated for a member of the board for such district; but in case the rateable property of any such Corporation or Council shall be assessed at the annual value of more than Ten Thousand Pounds, then such Corporation or Council shall be entitled to an additional vote for each such person so nominatcd as aforesaid in respect of every Ten Thousand Pounds, or fractional part of that sum, in excess of every Ten Thousand Pounds after the first Ten Thousand Pounds; Provided always, that no Corporation or Council shall be entitled to more than two votes for any such person so nominated for member of the board of the number

Scale OE voting

of persons for whom they may be entitled vote.

insufficient number 37. If at any such election as aforesaid, no members of the	If no election held* cr
elected,Governormay Local Board, or a less number of mernbers of the board, than
nominate. hereby required, shall have been elected, it shall be lawful for the Governor to appoint the members of such board, or a number of duly qualified persons equal to the number so defi- cient, to be members of such board, and such persons shall be members thereof accordingly, to all intents and purposes, as if elected as herein provided: Provided that in cases of an equal number of votes being given for two or more candidates for a seat upon any board, the chairman shall determine by lot which shall be chosen.
Election to fin ex-
traordinary vacancy. of any Local Board, who shall have been elected in manner herein- 38. Whenever any extraordinary vacancy in the office of member after provided shall occur, the Municipal Corporations and District Councils, shall, upon a day to be appointed by the chairman of the board, or by the said board in the event of the chairman refnsing or being incapable to act, and to be forthwith notified in some public newspaper, generally circulating within the district, not being less than twenty nor more than twenty-five clear days

from the occurence of such vacancy clect from the persons

capable of being such members, another person to fill such

vacancy; and every such election shall be held and the voting and other proceedings shall be conducted in the same manner and sub- ject to the same provisions as are hereinbefore provided with respect to the ordinary elections of members; and whenever any vacancy shall occur in the office of member of any such hoard who shall have been appointed in manner hereinbefore provided by the Governor, the Governor shall forthwith cause such vacancy to be filled by appointing such person as he shall deem fit to be a member; and the person so elected or appointed shall, unless dis- qualified, hold office for the term for which the person was elected or appointed in whose place he shall be so elected or appointed.

PART X. PART X.-Proceedings of Boards:

slectionofchairmanr

39. At the first meeting of every Local Board after the

appointment,

37" & 38" VICTOltIB, No. 12. 105

l he Mcrin Roads Act.-1874.

appointment? or the election, as the case may be, and at every annual meeting thereafter, the majority of the members of such board then prescnt shall elect a chairman, who shall continue in office till the ensuing annual meeting; and in case such chairman shall die or resign, or cease to be a member

of such board, or otherwise become disqualified to act as such, the

members of such board, at their next ordinary meeting, shall appoint another chairman, and the chairman so appointed shall continue in office so long as the person in whose place he was appointed would have been entitled to continue chairman; and if at any meet- ing of the said board, the chairman be not prcsent, one of the mem- bers present shall be elected chairman of such meeting, by the majority of the votes of the mcmbers present at such meeting: Provided that if, at any meeting, whcther annntl or otherwise, there shall be an equality of votes in the election of the chairman, i t shall be decided by lot, which of the members having an equal number of votes shall be the chairman.

40. The Local Board of every Road District shall hold their BoardmeetingS.

first meeting at some convenient place within the Road District for which such board is appointed or elected, within one calendar month after the appointment or election, as the case may be, of the members of such board, at the hour of eleven of the clock in the forenoon, and shall proceed to put this Act into execution.

41. All meetings of every Local Board shall be open to the ~ ~ ~ ~ t ~ b ~ ~ ~ ~ ~

public, unless it shall become necessary to exclude strangers on towbbc-

account of their disorderly conduct; Provided always, that at

all ordinary meetings of a Local Bloard, the Mayor of each Cor-

poration and the Chairman of each District Council respectively,

situated within the limits of the ltoad District of such Local Board,

shall, ex oficio, be cntitled to attend and be heard, and take a

part in all proceedings, except that they shall as such have no right

of voting,

42. Each member of a board present within five minutes of Remunerationof

the time appointed for any meeting, and remaining until the mem'sr8.

business is concluded, shall be paid thc sum of Sixpence per mile

in going from his place of residence to such meeting, and Twenty-

one Shillings for every such attendance: Provided that none of

such payments shall be made for more than one meeting in each

month: Proviiicd, however, that if any special visit by any of the

members of the board to any road shall be deemed advisable by

resolution of the board, reasonable travelling expenses, as approved

by the Commissioner of Main Roads, shall be paid.

43. At all meetings of any Local Board the questions there con- Q,e8tio,, , t b,,d

sidered shall be decided by open voting by the majority present, and if	~;$f:;zydd
there be an equal division of wtes upon any question, the chair- man, or any member acting as chairman at such meeting, shdl, in addition to his own vote as member, have a second or casting

vote. 44, A11

3 7 O & 38" VICTORIIZE, No. 12.

The Main Roads Act.-1874.

Paar X. 44. All powers vested in any Local Board under this Act may be exercised by any three or more of the members present at any meeting holden in pursuance of this Act; and no business shall be transacted at any meeting of the board, unless three members be present.

Quori~ms.

Annual and other

45. Every Local Board shall, some time within the last seven days of January in each year, hold an annual meeting, at a timrt and place to be by them appointed, within the Road District for which such board is appointed or elected; and they shall also hold one meeting at least in each month for the transaction of general business; and the said meetings shall be held at such places within the Road District for which each such board is appointed or elected, and on such days as the said boards respectively shall from time to time appoint; and when any such appointment is made, the secretary shall give notice thereof to each member of the said board, and they shall afterwards, until the time or place of such meeting is changed, and notice of such change duly given, attend such meetings without notice.

meetinge.

Meetings may be

46. The members present at surh first meeting, or at any annual or ordinary meeting, or at any adjourned meeting, may from time to time adjourn such meeting; and if at any meeting of any Local Board there be not present, within one hour after the time appointed for such meeting, the number of members hereby authorised to exercise the powers vested in the board, the members present,

adjourned.

or any one member, if on17 one be present, or the secretary of the

board, if no member be present, may adjourn such meeting CO another day, not being more than fourtecn days from the day of such adjournment, and of which notice shall be given.

Ordinary meeting^.

47, The ordinary meetings of a Local Board shall be held for

transacting the general business of the board under this Act, and

for giving such directions as from time to time may be necessary

for carrying into effect the purposes of this Act.

Special meetings. 48. The cha,irman or any two members of any Local Board

may, at any time, by writing under his or their hand or hands

require the secretary to convene and call a special meeting of such board, and shall therein state the business proposed to bc transacted a t swh meeting; and thereupon such secretary shall convene such meeting by forwarding to the members of such board, at their usual place of business, notice of the day and hour thereof, and stating the business for which such meeting is called, at least four days before the time appointed; and, at such meeting, no business shall be transacted other than that stated in such notice.

Resolulions of board,	49. No resolution at any meeting of a Local Board shall be revoked or altered at any subsequent meeting, unless notice of the intention to propose such revocation or alteration be given by the
bow revoked.
37" & 38O VICTORIZ, No. 12. - p-- - 107

The Muit4 22oads Act.-1874.

secretary to each of the members, seven days at least before	PART	X-
holding the meeting; nor unless such revocation or alteration be determined upon by a majority' consisting of three-fifths of the members present at such subsequent meeting, if the number of members present at such subsequent meeting be not greater than the number present when such resolution was cnme to, or by a majority, if the number of members present at such subsequent meeting bc greater than the number present at such former meeting.

50. A Local Board may at any meeting from time to time Com~ttees may be

appoint committees for any purposes which, in the opinion of the appointed.

board, would be better regulated and managed by means of such

committees; ar,d they may fix the quorum of such committees, and

they may continue, alter, or discontinue such committees or any of

them.

51. Every committee so appointed may meet from time to time, Committees, quorum,

and may adjourn from place to place, as they may think proper, for ~T~~~~~~~~ the'

carrying into effect the purposes of their appointment; but no

business shall be transacted at any meeting of the committee unless

the quorum of members (if any) fixed by the Local Board (and if no

quorum be fixed, unless thrce members) be present: At all meetings

of the committee, one of the nlernbcrs present shall, by thc majority

of voices, and if they be equally divided, by lot, be appointed chair-

man, an all questions shall be determined by the majority of the

votes of the members present; and in case of an equal division of

votes, the chairman shall have a casting vote in addition to his vote

as a member of the committee.

52. No proceeding of a Local Board or of a committee shall be Proceedings noi in.

invalidated or be illegal in consequence only of there being any

by yacag"y.

vacancy in the rlurnber of n~exn?bers at the time of such pro-

ceeding.

53. All proceedings of a Local Board, or of a committee Proceedings of boar&

thereof, or of any person acting as a member thereof, shall, not- :terrndttees	vali-
withstanding it afterwards appear that there was some defect in the election or appointment of the members of the board or persons acting as aforesaid, or that they or any of them were incapable of being such members, be as valid as if every such person had been duly elected or appointed and was capable of being a member of the board.

54. A Local Board may from time to time provide aad maintain Public oEce of board.

fit and convenient public offices within the Eoad District for trans- acting such public business relating to the district as the board shall, from time to time under the powers of this Act, direct or allow to be held or transac tcci therein.

55. A Local Board shall cause entries of all thc proceedings of Minubs ,t pmeea.

the i n w

108 . 37' & 38" VICTORIE, No. 12.

The Main Roads A c t. 1 8 7 4.

P A B ~	the board, and of every conlmittee appointed by them, with the names of the members who shall attend each meeting to be duly made from time to time in books to be provided for -the
which shall be kept by the secretary under the superintendance of the board, and every such entry shall be signed by the chairman
of the meeting at which the proceedings took place, and every entry
purporting to be such entry as aforesaid and to be so signed, shall be received as evidence in all Courts, and before all Judges, Justices, and others, without proof of such meeting having been duly con- vened or held, or of the persons attending such meeting having been or being members of the board or of any committee respectively, or of the signature of the chairman, or of the fact of his having been chairman, all which last-mentioned matters shall be presumed until the contrary be proved, and such books shall at all reasonable times be open to the inspection of any of the members of the Local Board.
PART XL	PART XI.-Officers and By-Laws:

Board may appoint 56. Subject to the approval of the Com~nissioner of Main Roads,

officere.

any Local Board shall and may appoint and employ a secretary, treasurer, surveyor, valutttor, and all such other officers to assist in the execution of this Act, as the said board may deem necessary or expedient, at fair salaries or remuneration, payable out of the revenue of any such board; and shall and may from time to time remove any of such oificers, and appoint others in the room of such as shall be so removed, or as may dic, resign, or discontinue their offices.

Membmsof boardnot

to be offlcere of board.

57. KO member of a Local Board shall be capable of being or

continuing secretary or treasurer, or any other officer, as in the last

yrecedingsection mentioned, uf any ~ d c a l Board.

Officers to give

58. Before the secretary or any person cntrusted by a Local rity to the satisfaction of the said board for the faithful execution of such office, and for the due accounting for, application, and pay- ment of all such moneys, according to the provisions of this Act.

eecurity.

Board with the custody or control of moneys by virtue of his office shall enter upon such office, the said board shall take sufficient secu-

Officer of board ex- 59.

Every officer cmploycd by a Local Board, who shdl exact on account of anything done by virtue of his office or in relation to the matter to be done under this Act, any fee or reward whatsoever, other than the salary or allowances allowed by the said board, or

acting fee, &c ,	liable
to penalty.

who shall be in anywise concerned or interested in any bargain or

contract made by the said board, shall be incapable of being after- wards employed by any Local Board, and shall forfeit a penalty not exceeding the sum of Twenty Pounds.

OtBcera when re-

quired to account.

60. Every officer appointed or employed by a Local Board qnder

the authority hereof, shall, from time to time, when, and in such

manner

37" & 38" VICTORIE, No. 12. 109

The Main Roads Act.-1874.

-

manner and form, and to such person as shall bc required by such

PART XI.

board or by any by-law thereof, make out and deliver a true and perfect account in writing under his hand of all moneys received by him on behalf of such board, and such account shall state how and to whom and for what purpose such moneys shall have been dis- posed of; and together with such account such officer shall deliver the vouchers and receipts for all payments, and evcry such officer shall pay to such board, or to any person authorised to receive the same, all moneys which appear to be owing from him upon the balance of such accounts.

due and owing from ally such officer. or to any vouchers, receipts, kc., may be pmeeded funds or vouchem, 61. All claims by or on the part of any Local Board to any moneys Officer retaining

papers, writings, property, and effects whatsoever retained or not againstsummaril~.

duly accounted for by any such officer, Inay be heard and determined

by any two or more Justices of the Peace in a summary way; and

such Justices may order the delivery of any account, and the pay- ment of any sum of money appearing due from, and the delivery of any vouchers, receipts, papers, property, and effects retained or not accounted for by such officer, or the payment of any sum of money upon the non-payment or non-delivery thereof; and such order may be enforced in the same manner as a summary conviction by any two or more Justices; and any moneys, vouchers, reccipt~, property, and effects mentioned in any order shall, when received or recovered, be paid and delivered to such board.

62. If any such officer shall, when ordered by any Justices as Jueticeama~ c~mmit

to gaol.

aforesaid, refuse to make out such account in writing, or to produce and deliver the several vouchers and receipts relating thereto, or to deliver up any books, papers, or wlitings, property, effects, matters, or things in his possession or power, belonging to a 1,ocal Board, it shall be lawful for such Justices, at their discretion, to commit such offender to gaol, there to remain until hc shall have made out such account, and delivered up all the vouchers and receipts in his pos-a	session or power relating to such accounts, and the books, papers,	writings, property, effects, matters, and things in his possession or
power belonging to the said board.

63. If any person entrusted with the receipt or disposal of money Permm entmsM

under this Act, shall fraudulently dispose of; or retain in his own gg;";.&f'$-

possession, or apply to his own use, any money, with the receipt or samo guilty of

disposal of which he shaH have been so entrusted as aforesaid, such laWeny-

person shall be deemed and taken to have stolen the same, and shall

be guilty of larceny.

64. Every Local Board may, from time to time, ma.ke such by-laws t;;dz+a~ make

and regulations as they may think fit for the purpose of regulating the conduct of their officers and servants, and for providing for the due management of their affairs, and for carrying the purposes of this Act into execution; and may from time to time alter or repeal any such bylaws and regulations, and make others, provided such

bylaws

110 37'" & 38' VICTORIB, No. 12.

The Main Roads Act.-1874.

PAR? XI. by-laws and regulations be not repugnant to the laws of the Pro- vince, or to the provisions of this Act; and such by-laws and regula- tions shall be reduced into writing, and shall be signed by the chair- man of the said board, and shall be published in the Governvmt Gazette.

Governor may revoke	65. The Governor may at any time revoke any such by-laws, and every order by which any such bylaws shall be revoked shall be published in the Government Gazette, and shall take effect from the time of such publication.
by-laws,
Bp-Laws may impose	66. Every Local Board may, by s~xch by-laws, impose such reasonable penalties upon all persons whomsoever offending against such bylaws or regulations as the said board may think fit, not exceeding Five Pounds for any one offence, and every such penalty ehall be recoverable before any two or mcrc Justices of the Peace in
penrdtiea.
R Summary way.
part of penalty only

Justices may order 07. I t shall be lawful for the Justices before whom any penalty

to be plud. by any such bylaw or regulation imposed may be sought to be recovered, to order a part only of such penalty to be paid if such Justices think fit.

PART rrr.

Local Board m y

contract,	68. A Local Board, or the Commissioner of Main Roads, may enter into contracts with any person or persons for the execution of any works directed or authorised by this Act, or for furnishing mate- rials, or for any other things necessary for the purposes hereof, and every such contract shall be in writing, and shall specify the work to be done and the materials to be furnished, and the price to be paid for the same, and the time or times within which the work is to be completed, and the penalties to be suffered in case of non- performance thereof; and every such contract shall be executed by
the chairman in the name and on behalf of and under the seal of the board or by the said Commissioner, and, being duly executed by the persons eontractingto perform the works therein comprised
respectively, shall be effectual in law, and shall be binding on the board or the said Commissimer; and all parties thereto, thcir successors, heirs, executors, and administrators respectively, as the case may be.
Tenders.	69. Before any contract for carrying out any of the purposes of this Act, to the amount of Fifty Pounds or upwards, shall be entered into by any Local Board or the Commissioner of Main Roads, ten days' notice at the least shall be given in the Government Gazette, expressing the purpose of such contract and inviting any person willing to undertake the same to make proposals for that purpose to such board or said Commissioner, and the board or Commissioner shall accept the proposal which, upon a view .of all the circumstances, shall appear to be most advantageous, and shall take security for the due and faithful performance of every such
contract. 70. Any

37" Sr. 38' VICTORIA?,, No. 12.

' The Main RoalJs A c t. 1 8 7 4.

70. Any Local Board, or Commissioner of Main Roads, may compound with any person who has entered into such contract, or Compounding PART xrr*

against whom any action or suit has becn brought for any penalty	contract,
contained in any such contract, or in any bond or other security for the performance thereof, or on account of any breach or non-per- formance of any such contract, bond or security for such sums of money, or other"recompencc, a s the board or the -said Coinmissioner may think proper.

71. The revenue of each Road District shall consist of the Bcvcnuc.

moneys apportioned to each such Dist,rict by the Governnzcnt, out of the sum or sums of money which may be voted by the Parliament

of the said Province for the construction and maintenance of the

main roads of the said Province; and all such moneys shall be carried to the account of a fund to be called The Koad District Fund," and such fund shall, subject as aforesaid, be applied by the Local Board towards the construction, maintenance, and keeping i11 good repair of the main roads within the Road District of every such board, and in the payment of all expenses neccssarily incurred in carrying this Act into execution, and of doing and performing all acts and things which the said board are or shall Be by this or any other Act empowered or required to do or perform out of their revenue.

shall have been voted, as in the last preceding section is mentioned, rnrjneys voted. 72. Each Local Board shall, as soon as convenient after any money A~propriation of

give one week's notice to each Corporation and District Conncil comprised within the Road District for which such board is appointed or clected, of its intention to appropriate the money so voted to the roads within such district, and of the day on which

such appropriation is to bc made; and upon the day named in such

notice, or at an adjournment of such board, of which meeting notice shall be given and not before, the said board shall appropriate such

road or portion of a road, shall, so far as possible, be apent upon	money accordingly; and the money appropriated to any particular	such road only.
they shall have come to the hands of the officer appointed by the into a bank. 73. All moneys of the Local Board shall, within three days after Money8 to be paid
board to receive the same, be paid into such Rank as the board shall from time to time have appointed for that purpose; and no such money shall be drawn out of such Bank save by cheque signed by the chairman of the board and one other member thereof, and countersigned by the treasurer of the board, or by such other person as the board may appoint.

PART XIV.

PART xrv. --Auditors :

74. The Governor shall from time to time appoint for each ~ ~ ~ ~ ~ m a y a p p O i n t

X

Road

37' & 38" VICTOBIB, No. 12.

The Main Roads Act.-1874.

Road District two auditors of accounts of such Road District, and may from time to time remove such auditors from office.

Auditors' duty.	75. The auditors shall carefully examine the accounts and balance- sheet of the Local Board with the books, papers, and vouchers of the board, and correct or alter the same, as may be found necessary, and rnay'call for and require the production of all books, papers, documents, and vouchers, the property of or in the possession or under the control of the said board or any officer thereof.
PART xv.- Accounts:
to be open for inspec-
Books to be kept, and	76. Proper books of account, according to a form to be supplied Board, for the purpose of entering all sums of money received and paid by every such board, under and by virtue of this Act, which books shall at all times be open to the inspection of the members of such board, and to the said Commissioner, and to any person authorised by him.
tion.	by the Commissioner of Main Roads, shall be kept by every Local
Accounts to be kept
of receipts and die-	77. Every Local Board shall cause to be kept true and regular sums of money shall have been received and paid, which accounts shall, at all reasonable times, be open to the inspection of every member of the said board, and also to the Commissioner of Main
bursemente, which	accounts of all sums of money received and paid by the board under
shall bo open for in-
spection.	and by virtue of this Act, and of the several purposes for which such

Statement of acoountg , Roads, and any person authorised bv him: and auch accounts shall

F:;f;;g;t;s,".be	be balanced o&e at least in every ykar, a i d be delivered to and be
audited by the a~tditors of the said board, and, being so audited, shall be at the annual meeting of the said boa;d, or at some
adj ournmcn t thereof.
Annual aecounts to be

made up and trans- 78. Every Local Board shall, every year, cause an annual account

mitted to the Com-	in abstract to be prepared, showing the total receipt and expenditure
missioner of Main
Roads, and to be open	of allfunds received by virtue of this Act, for the year ending on the
to inspection.	day down to which their accounts shall have been made up as afore- said, under the wveral distinct heads of receipt and expenditure, with a statement of the balance of such account, duly audited and certified by the chairman of the board, and also by the auditors; and shall send a copy of the said account to the Commissioner of Main Roads for the said Province within one month after t.hc same hns been duly audited, and the said account shall be open to the inspection of the public, at all reasonable hours; and a copy of such account shall be published in the Government Gazette.

PART x v ~ PART xvr.-Duties, Powers, and Privileges of Local Boards and

Commissioner of Main Roads:

h r a j to conatmct 79. Every Local Board shall, out of such moneys as shall from

main roads.	time to time be voted by the Parliament of the said Province, and
so far as such moneys will enable them to do, construct, form,

drain,

37" & 3.38" VICTORILE, No. 12.

?he iMtin Roads Act.-1874.

drain and metal such of the main roads of the said Province set forth

XV1.

in the said Third Schednle, as are comprised within the district under

the control of such board.

80. From and after the commencement of this Act the Local LocalBoardstorepair and maintain in good

Board of every Road District shall, out of and SO far as their repairmain roab.

revenue will enable them so to do, repair and maintrtin and keep

in good rep;tir all main roads within the district for which such

board shall have been appointed or elected, and all bridges and

public works thereupon or connectcd therewith.

81. The Governor, if i t shall appear to him that any Local ~ ~ ~ ~ ~ ~ ' n ~

Board refuscs or xleglects to perform the duties and functions by this Act imposed and conferred upon Local Boards, or refuscs or neglects to repair, maintain, and keep in good repair the main roads within the district for which any such Local Court may have been appointed or elected, may, by Order in Council, to be published in the Government Gazette, suspend the powers and functions of the Local Board rncntioned in any such Proclamation; and immediately after the publication of such Order in the Governme~zt Gazette, the powers, duties, ancl functions of the last-menlioned Board shall absolutely ceasc, and shall become vested in and be exercised and cxerciseable in all respects by the Commissioner of Main Roads until the Governor shall, by Ordcr in Council, declare the lastly hereinbefore mentioned main roads to be in a state of repair; and from and after the publication of such last-mentioned Order in Council in the Government @axette,, thc said Local Board shdl resume and exercise its powers, functions, and cluties as if the same had not been suspended. And in the event of any board refusing or neglecting to resume and exerci~c its powcrs, functions, and duties, the Goverrror may abolish such board. and appoint a fresh board for the period of time and in the manner directed for the appointment of the first Local Boards to be appointed under this Act.

82. Whenever any road or roads, or portion of a road, shall Main roads whenno longer main roads

cease to be a main road, such road or roads shall he trans- to be eve; to

ferred to the different District Councils or Corporations, within the District Councils.

limits of which such road or roads may pass: Provided also, that

if any parts of such road or roads shall be the boundary or

boundaries of any District Councils or Corporations, such District Councils or Corporations shall jointly take charge of the aforesaid road or roads.

83. Local Boards, or the Commissioner of Main Roads, may, at Maintenanccof por-

portion not exceeding ten miles in length of any main road within for a term of years.	their discretion, let and entrust the maintenance and repairs of any g;{:z&z'aCt
their respective districts, for any period not excckding five years, to any person or persons, and may from time to time pay such person or persons out of the ordinary revenue of the Local Board, or out of such other funds as may be available to the said Cornmissioncr, the amount agreed to be paid fcw such maintenance and repair: Pro-

vided

37" & 38" VICTORIB, No. 12.

The Xain Roads Act.-11374.

vided always, that the maintenance and repair of such portions of main roads shall be let by tender, as provided by section sixty-nine of this Act.

Proceedings to opon

main roads. 84. Whenever theCommissioner of Main Roads, or any Local Board,

shall have finally determined on the exact course and bearing of any deviation of any main road or portion of a main road, not heretofore gasetted in the Government Gazette as a main road, such Commissioner or Local Board, respectively, shall cause to be deposited in the office of the Surveyor-General, survey maps and plans describing the course and bearings and admeasurements of the same, and whcn, and so often as any such survey maps and plans are deposited, shall cause notice therefore to be published by advertise- ment in the Ga~.ernment Gazdte, setting forth such particulars as may be sufficient generally to describe such road or portion of a road, and referring to the survey map and plan, deposited as aforesaid, and such maps and plans shall be open to public in- spection, and the same, or copies thereof, certified under the hand of the Surveyor-General, shall be evidence in all legal proceed- .rigs: Provided that it shall not be necessary for the said Commis- &her or Local Board to cause any maps and plans to be deposited in reference to any roads or portions of roads, of which maps and plans shall Iwretofore have becn deposited unrlcr the provisions of the sixth section of the Act No. l 7 of 1852, or of the sixth section of the Roads Amendment Act, 1863, and such maps and plans so hcretoforc deposited shall have the same force and effect as if the same had been deposited under the provisiolis hereof.

Powers of closing and

opening, Cc., main 85. Any one or more of the following acts may be done by the

rortds.

Commissioner of Main Roads, or by any Local Board, at any one

time by one proceedin?, or from time to time, that is to say-Land

rcquircci for main roads aftcr a main road shall have been declared

by Act of Parliament, may be taken, and new roads may be opened

through the same, existing roads, or any part thereof, may be

altersd or added to, or partly closed; partly closed roads, or any part thereof may be exchanged for lands required for new roads or

alterations, or may bc sold, and deeds of exchange, conveyance, rnenloranda of transfer, or other assurance may he duly executed thercfor, or where within the jurisdiction of a Corporation or Dis- trict Council, may be retained as the property of the Corporation or Council, a,nd at any time sold or exchanged for othcr land required for roads., or corporate or district purposes, or may be dedicated to corporate or district purposes.

Gardcn, park, avenue,

86. Nothing in this Act shall authorise the Commissioner of Main Roads, or any Local Board, to take or make use of, or order or direct any road to be made in or through any garden, yard, park, planted walk, or avenue to a house, or any enclosed ground planted as an oruament or shelter to a house, or planted as a nursery for trees, or any part thereof respectively, withoat the consgnt, in writing, of the owners and occupiers thereof, first had and obtained.

&C., not; to be taken.

8'1. For

37" & 58" VICTORIA3 No. 12.

The Main Roads Act.-1874.

87. For all purposes relative to the acquisition of lands required for works undertaken under the authority hereof, and to the com- _Incorporation P A ~ T x v ~.

of

pensation to be made for the same, the Ilands Clauses Consolidation Lands C l a ~ e s Con-

solidation Aut.

Act, and any Act amending the same, shall be deemed to be incor- porated with this Act, and shall be construed together herewith as forming one Act.

88. No order for the exchange of any land required for new NO order for exchange

roads shall be made unless an agreement for that purpose shall first withoutwrittenagree- of roads to be made

any) merit.

have been entered into with the owners and occupiers (if of permit.

the land so required, which agreement shall be in tlw form in the

89. The proceedings of any Local Board to open new roadg, Proceeding8 to open, alter, add to, close,

or alter, add to, close, sell or exchange cxisting roads shall be as ,d1, k,., roads by

follows:-A survey plan shall be deposited with the Surveyor-General, ~ ~ Board. a l

at his office, in hdclaidc, showing the exact position, boundaries, bearings, and admeasurcments of proposed new roads, alterations, additions, and the roads or parts proposed to be closed; and the names of owners or occupiers of lands affected by the proposed alterations, shall. so far as known, be shown upon the plan, in a tabular form, which plan shall be opcn to public inspection at all reasonable times; and at the time of depositing the said plan as aforesaid, a fee of Five Pounds Five Shillings shall be paid to the Surveyor-General for the usc of Hcr Majesty.

90, The proceedings of the Commissioner of Main Roads to Proceediwbef"@ Commissioner of

open roads, and alter, add to, or closc existing roads, or sell and effect Roads to open, alter,

exchanges, shall be the same as are prcscribcd by the preceding clause &c.j

of this Act, except that instead of the meeting of any Local Board,

hereinafter directed to be I d l, the said Cornmissioncr, together with the Surveyor-General, slmll hold a public sitting at the time and placc fixed by the notice, to be givcn as aforesaid, and shall then and

there consider thc proposed order, and any objection of which notice	has been given, and any person objecting may, personally, or by his
counsel or agent, attend such sitting, and support his objections.

9 l. On receipt of such plan the Survey or-General shall cause to Duties General of on Surveyor- receiving

be prepared and inserted in the Government Gazette, a notice, plans.

for four consecutive weeks, containing the following informa-

tion, namely:-A general description of the proposed alterations

showing the boundaries, bearing, and admeasurements of the land

proposed to be taken for new roads, alterations, or additions, and

of the portion or portions of old roads proposed to be closed, as

the casc may be, and referring to the survey plan, the names of

owners or occupiers of any land af'fected (so far as known), the

date and place of meeting of the Commissioner of Main Roads,

or of the Local Board, as the case may be, to decide upon

effecting the object stated in such notice, and printed copies of

such notices shall, as soon as passible, be forwarded by the Surveyor-

General

37" & 38' VIC'I'OKIB, No, 12.

The Main Roads Act.-1874.

General to the persons whose names appear on such notice as owners or occupiers of any land affected by the proposcd alterations, such notices being forwarded through the medium of the General Post Office, directed to such persons at their last or most usual known place of abode in the said Province, or if that be not known, then to the place where such proposed alterations are to be made; and any person may, within forty days after thc first publication ~f the notice by writing, addressed and served on the said Commissioner or on the Local Board, his or their secretary, or delivered at his or their office, as the case may be, give notice of any objcctiorl: Provirled also, that a copy of such notice shall be forwarded to the Surveyor-General.

Proceedings before

Local Doard and	92. At the time and place fixed by such noticc, the Commissioner of Main Roads, together with the Surveyor-General, or the Local Board, &all hold a meeting, and shall then, or at any adjourn- ment of such meeting, consider the opening of the proposed new road, or alteration of or addition to old road, or closing of road or portion or portions of old road, and any objections thereto; and any person objecting, who shall have served or delivered such notice as aforesaid, hereinbefore provided, may personally, or by counsel, attend any meeting and support his objections,
Commissioner.
Proceedings if
opening, alteration,	93. Should the opening of the proposed new road, or proposed or portions of old road, or any portion thereof respectively, be allowed by the Local Board at such meeting, or any adjournment thereof, or by the Commissioner of Main Roads at such public sitting or at any adjournment thereof, they or he shall make an order to thut effect, which order shall bc: in duplicate, and shall be in one of the forms Nos. 1, 2, or 3, in the Sixth Schedule to this Act, or as near thereto as circumstances will permit; and such order shall be forth- with forwarded to the Commissioner of Crown Lands and Immi- gration for confirmation by the Governor, and unless such order shall be duly confirmed try the Governor, within a period of three calendar months of the date of the meeting at which such order
additions, &C.,	alteration of or addition to old road, or proposed closing of portion
allowed.
whatever. was made, the same shall be utterly void to a11 intents and purposes
Notice of oonfirma-
tion to be published in	94. On the confirmation by the Governor of any such order as aforesaid, a notice of such confirmation shall be forthwith published in the Gave~nme~zt Guxette, which notice shall. bc in the form No. 4 in the Sixth Schedule to this Act, or as near thereto as circum- stances wi31 permit; and the publication of such notice shall be sufficient evidence of the due confirmation of any such order, and
Gorernment Gazette.

Effectofconfirmation. thereupon any land or area to be taken for a new road or part

of a road shall become dedicated to the public and be under the control and management of the Commissioner of Main Roads or the Local Board, as the case may be, who shall also then be authorised

to pay or receive any money agreed on for equality of exchange, and

any land by the order ordered to be vested shall be vested in the

person and for the estate therein mentioned; but should such drder

not

37" & 38" VICTORIZ, No. 12.

The Main Roads Act.-1874.

not be confirmed within the time abovc limited, any agreement for	XvI-
exchange shall be absolutely void,

95. In the event of any portion or portions of road being ordered If road olpaed owner

to be closed as aforesaid, it shall be la~vfbl for the owner or owners may acqulre same.

of the adjoining lands, if they shall think fit to acquirc the same road or such part thereof as may adjoin their land respectively, either in exchange or at such price as may be fixed by agreement or by the said order; or in the event of any difference, by arbitration, as pro- vided in the Lands Clauses Consolidation Act; and it shall be lawful for the Commissioner of Crown Lands and Immigration of the said Province to make and issue to the person acquiring such land a certificate of title in the form in the Seventh Schedule to this Act, which shall, upon being signed, be delivered to the Registrar-General; and the purchase-money, deducting the necessary expenses (if any), shall be paid to the Local Board of the Road District wherein such lands shall be situated, or to the Treasurer of the said Province, as the case may be.

in lands undcr or by virtue of this Act, shall be in iluplicate, and be in duplicate. 96. All orders intended to operate to vest any estate or interest orders when made to

one copy thercof, shall forthwith be transmitted by the Local Board, or by the Commissioner of Main Roads, as the case may be,

who shall haw made such order, to thc Surveyor-Gencral: Provided

that no order so made shall be so transmitted until after confirma-

tion by the Governor.

'37. Upon the receipt of any order under thc provisions of this Certificate of title to

Act, vesting land, the Commissioner of Crown Lands and Ixnmigra- ,ionor of Crown be signed by Commis-

tion shall, on being satisfied that the proceedings are regular? cause land^.

separate certificates of title, on parchment. in the form prescribed in

the Eighth Schedule to this Act, to be issued in duplicate to

whomsoever shall be entitled thereto, and the said Commissioner,

after signing such certificate, shall dcli-ver the same to the Registrar-

General.

98. Upon receipt of any certificate of title undcr the provisions Duties of Registrar-

hereof, the Registrar-General shall, after the expiration of three calendar months, from the date of the order, bind up one of the cer- tificates of title as a separate folium of the register book, and shall register thc same under the provisions of the Real Property Act for the time being, and shall deliver the other of such certificates of title to whomsoever shall be entitled thereto.

99. After registry of any such certificate of title as hereinbefore ned pro erty A O ~ to

provided, the provisions of the Real Property Act for the time being 7$&~&cfEof

shall be applicable to the land therein mentioned to all intents and title has iseued.

purposes whatsoever, as fully as if the said land had been brought under the provisions of such Act upon the application of a proprietor, and it shall be conclusively held in every Court of Law and Equity, that the certificate of title shall vest such land and estate in the person therein mentioned. 100. No

118 37" & 38" VICTORIB, No. 12.

The Main Roads .Act,-1874.

-

PART XVI. 100. No order purporting to be made under the provisions of this

Noorder upon which Act shall, after the registration of m y such certificate of title, as	certificab
granted to be removed aforesaid, be removed or removable in to the Supreme Court; but
into Supreme court. before making any order, the JJocal Board, or Commissioner of

Main Roads, may reserve any question of law for the consideration of the Supreme Court, and if any such question be reserved no certificate of title shall be granted until after the decision of the said Supreme Court thereupon.

Compensation.	101. Any proprietor or occupier of any land through which a road or part of a road is ordered to be made, in t l ~ original grant of which land no power of making roads has been reserved, or any person who is not a party to the agreement for exchange, who shall, after confirmation of any order for exchange, or for opening a new road without any agreement for exchange, have any estate, right, title, or interest in the land taken, may serve a notice in writing on the Commissioner of Main Roads, or on the Local Board, within eighteen calendar months from the date of the
Government Gazette in which notice of corifirmation of the order shall
have been published, claiming compe~sation for damages for land required for the said road or part ol a road, and so taken or ex- changed, and in default of service of notice as aforesaid, the proprietor and owner, and all persons claiming by, through, from, or under them, or claiming the estate, right, title, or interest, in the land so taken or exchanged, shall be for ever foreclosed from any benefit or claim whatsoever, to any cnmpensation for any portion of such land.
Boundary MahRoad,	102. Whenever a main road, bridge, or other public work boundary of any part of two Road Districts, ought, in the opinion of the Local Board having the care, control, and management of either half of such main road, to have any repairs or work done thereon or thereto it shall be lawful for such Local Board to give to the Local Board having the ewe, control, and management of the other half
bridges, or other pub-	thereon, or connected therewith, so far as it forms the common

lic worb,	how
tainea	repaired.

work, and requiring the said last-mentioned Local Board to concur

of such main road notice in writing, specifying such repairs or

with them in executing the same; and if such two Local Boards shall not, within three months after service of such notice, enter into an agreement for executing the said work, the Local Board giving such notice may execute the same at their own costs and charges, and may recover by action of debt from the Local Board to whom the said notice shall hare been given, such portion of the said costs and charges as shall have been actually and reasonably expended on the said last-mentioned half of such main road: Provided always, that in determining the reasonableness of such expenditure, regard shall be had not only to the state of such main road, but also to the com- parative necessity for the work, and the manner in which the same shall have been executed.

M& toad, bridge, or

other public work,

103. Whenever a main road, so far as it forms the common

boundary

3T0 & 3 8 O VICTORTAE, No. 12.

The Main. Roads Act.-1874.

boundary of a Road District and land other portion of the said Pro- PART

vince not within a Road District, i t shall be lawful for the Local ~ g ~ f j i ~ ' ~ ~ d o f

Board of such district, and for the Commissioner of Main Roads not in district, how

respe.ctively, to execute, exercise, and enjoy the powers and authorities, and respectively be liable and subject to the actions and proceedings in the last preceding clause given, couferred, and created.

10% I t shall be lawful for any Local Board, or the Commis- Powertoputuplamp- posts and mile-posh

sioner of Main Roads, as the case may bc, iu and upon the main roads under their care and management, to erect and cause to be erected, placed, and put up, such and so many lamps, lamp-posts, bars, direction boards, mile-stones, posts, rails, walls, and fences, and other things as any such board or Commissioner may judge necessary or expedient.

105. If any person shall knowingly and wilfully dig up, break, W i ~ a e s t f i c t i o n o f road property a misd

or pull down, spoil, destroy, injure, or Jamage any lamps, bars, de,e,,,r,

direction boards, mile-stones, posts, rails, walls, fences, or any culvert,

covered drain, o r other work; for the sustetation of any road made,

erected, or put up by or under the care of any Local Board, or

the Commissioner of Main Roads, as the case may be, he shall bc

guilty of a misdemeanor, and shall be punished by fine and

imprisonment at the discretion of the Court before which such

person shall be tried.

106. It shall be lawful for any Local Board, or the Commissioner PQWJ to W uncultivated laflds,

of Main Roads, as the case may be, and for every person acting under their or his orders, to make use of any uncultivated land for the purpose of constructing a temporary road while any road is undergoing repair: Provided always, that such temporary road shall be fenced in or otherwise so secured as to afford to the person through whose land the same may pass, an equal protection against

trespass as was ossessed by such person previously to the construc-

paid by any such board or Commissioner for any damage done by	tion thereof, an 1 that a fah and reasonable compensation shall be
them.

107. In all cases where an alteration in a road is made through ;!;;;:;; of mad to

lands previously fenced, such lands shall be fenced on both sides of the road with a substantial fence before such road is opened for public use.

108. I t shall be lawful for any person acting under the authority Power to go upon

of a Local Board, or the Commissioner of Main Roads, as the case land adjoining a r o d

may be, with all necessary cattle and carriages, to enter upon land

adjoining any road under the care and management of such Board

or Commissioner, for the purpose of constructing or repairing any

drains or culverts, or performing any repairs, that may be required

to the road, and for the purpose of tracing out or making any

alteration of the line of road,

Y 109. I t

120 37' & 38' VICTORI&, No. 12.

The Main Roads Act.-1874.

PART XVI. 109. I t shall be lawful for every person acting under any. such

Materials

In what mamer to be	authority as last aforesaid, to enter in and upon any waste or
taken.	unenclosed land. or anv river, or creek, whereon or wherein stones, gravel, sand, or &her m'aterial's are likely to be found, and there to search for, gather, dig, gct, and carry away so much of thc samc as
may be required for making or for the repair of any road, so that
such person doth nof thereby divert or interrupt the course of any such river or creek, or prejudice, or damage any building, road, or ford, or the bank of any such river or creek, nor dig, nor get the aame msterials out of any river or creek within the distance of one hundred and fifty feet from any bridge, dam, or weir.

ft suficient material 11 0. I t shall be lawful for any person acting under the authority

may be of a Local Board, or the Commissioner of Main Roads, as

cannot waste lands, be foundin

taken from enclosed

lands or grounds, the case may be, if sufficient materials cannot be had conveniently

stisfaction within any euch waste or unenclosed lands, rivers, or c r~ek i,

to owners.

and such materials can or may be procured in or upon any encloscd lands or grounds (such lands or grounds not being a garden, v r d, avenue to a house, lawn, park, paddock, or encloscd planta- tron or wood, not exceeding one hundred acres in extent) lying near to the road for which such materials shall be required, to give fourteen days' notice of his intention to enteE upon any &ch enclosed land, in order to search for, dig, and carry away such materials, and to cause such notice to be left at the usual or last known place of abode of the owner of such land, or his agent, if known, and also of the occupier of such land, which notice shall express the quantity and nature of the materials proposed to be taken, and the precise place from which it is proposed to take the same, and if within such period of fourteen days such owner, agent, or occupier shall give notice to such board, or to their secretary, or to such Commissioner, or to his secretary, as the case may be, of any objection to the entry upon such land, and taking such materials, then such objection shall be heard and decided before and by any two Justices of the Peace or Special Maqistrate, at a time and place to be appointed by such Justices or Magistrate, and whereof four

be made, or if the same shall be overruled by such Justices or days' notice at the least shall be given; and if no such objection shall Special Magistrate, it then shall be lawful for any person so acting under the authority of the said board or Commissioner to enter upor1 such land and to take and carry away so much of the said materials as shall be necessary to be employed in the amendment of the mid roads or as may be authorised by such Justices or Special Magistrate: Pro- vided, that i t shall be lawful for such Justices or Special Magistrate, if they or he shall overrule any objection as aforesaid, to direct that a compensation shall be paid to s ~ x h owner or occupier for the value of any materials so to be taken and carried away, and for any damages to be occasioned to any lands to be entered as aforesaid, and to fix the amount of such compensation, and any money so ordered to be paid by way of cornpcnsation shall be payable and paid by such Board or Commissioner out of any funds which may come to their hands applicable to the purposes of this Act.

111. I t

37" & 38" VICTORIX, No. 12.

The lllain Roads Act.-1874.

111. I t shall be lawful for m y owner or occupier of such enclosed lands or grounds, who may have omitted to give such notice of any Compensation may be PART XVI. ,

awarded though no

objection as hereinbefore lastly provided, and also for the owner of

made.

any waste and unencloscd ground, at any time within six calendar months from any such entry upon any enclosed lands or grounds, to claim compensation for any loss or damage occasioned thereby; and such claim shall be heard and determined by any two or more Justices in a summary way, and such Justices may award compcn- sdion for any damage occasioned to such owner or occupier by such entry and removal of materials, and such compensation, whcn so awarded, shall be paid by the Local Board or the Commissioner of Main Roads out of any moneys which may come to their or his hands applicable to the purposes of this Act.

by reason of searching for, digging, or getting any materials for re- be filled up, or gettin g mater id shall 112. If any person acting under such authority as aforesaid, shall, Pits or holes made in

pairing any roads, make any pit or hole in any waste or unenclosed down, and fenced oE.

lands, rivers, or brooks, as aforesaid, wherein such materials shall be

found, he shall forthwith cause the same to be sufficiently fenced off,

and snch fence to be supported and repaired during such time as the

said pit or hole shall continue open; and where no materials shall

be found, shall cause such pit or hole to be forthwith filled up,

lcvclled, and covcrcd with turf or clod, which was dug out of the

same; and whcrc any materials shall bc found, shall, withir fourteen

days after having dug up sufficient materials in such pit or hole,

cause the same to bc filled up, or sloped do~1711, and fenced off, if

requircd, by the owner of the land or ground, and so continucd; and	.
in case such person shall neglect to fill up, slope down, or fence off such pit or hole in manner and within the time aforesaid, i t shall be lawful for any two Just,iccs of the Pr:ace, upon due proof before them, to order that such pit or hole shall be filled up, fenced, or sloped clown; and that thc cxpcnscs thcrcby occasioned, and the costs of and attending any snch order shall be paid by the Local Hoard, or the Commissioner of Main Roads, under whose authority
shall, forthwith pay the same out of any moneys which may come	any such person shall be acting; and such Board or Commissioner	to their or his hands applicable to the purposes of this Act.

knowingly dig, or cause to be dug, materials for the roads, whereby digging materials, to

purposes of this Act, for all payments made, or liability incurred, in	coming to the hands of the persons aforesitid, applicable to the
respect of any acts done by them, and of all losses, costs, and damages which they may incur in the execution of' the powers granted to them.

129. Execution upon every judgment or decree against the Judgments and docree

Commissioner of Main Roads, or against any Local Board in ~ ~ ~ ~ c ~ ~ $ ~

any action or suit, shall be levied on the goods, chattles, or how to be aatisfled.

pekional effects, belonging to such Commissio~er, or such board

respectively, by vlrtue of his or their office, and shall not

in any manner extend to charge or make liable the person,

or private lands, or goods, of any such Commissioner, or such board,

or the heirs, executors, or administrators of any of them.

PART X V I I. - - M ~ S C ~ ~ ~ ~ ~ ~ O U S Provisions: PART XVII.

130. Whenever any day .provided or appointed by or under this Bundays ma *ua%

Act for any purpose shall in any year happen on a Sunday, New hOE*ys.

z Year's

128 37" & 38' VICTORIA$ No, 12.

The Hain Roads Act.-1874.

PART xvm Year's Day, Good Friday, or Christmas Day, or any day proclaimed as a public holiday, then such provision and appointment shall take effect as for the day following.

NO suit of p 0 131. No writ of quo warranto, or information in thc nature of a

wa~afitoallowedt~ quo wawanto, or othcr proceeding, shall issue, or be filed, or had or try title to any officer. taken in the Supreme Court to try or question the title of any pcrson

to be chairman, member, auditor, or officer of any Local Board to

his office or place.

NO mandamus to issue 132. No mandamus shall issue from the Supreme Court to admit or restore to office, or to compel any Local ~ G a r d

8breme Court to procced to the

to compel District

council to admit,	election or appointment of any mcmbcr of such board, or of any
restore, or elect

members of any Local chairman, auditor, or other officer, or to compel any person to Board. proceed to any ballot, or to compel the production or delivery of

any books, voting papers, or other documents or papers to the prod~ct~ion or possession whereof any Local Board or person may be entitled under this Act.

Proceedingsfortrying 133. Thc proceedings for trying thc title of any one to be chair-

titleaf Councillor, man, member, auditor, or officer of any Local Board to his office or

&C., to his officc, to

be decided by two or place, or for trying the right of any person to hold any such office or	more
summary Justices way. in place, shall be had and taken before, and determined by, two or more Justices of thc Peace in a summary way.
Jurisdictim of 134. The information may be laid at the instance of any Local Hoard, or by any Corporation or District Council of the Roard District for which such board is appointed or elected, or by any person interested, and the Justices may make an order declaring any person not entitled to the office or place then possessed by him, and that such office or place is vacant; but no ordcr to admit or restore any person to any office or p1.ace shall be made while any other person is in possession of such office or place.
Justices.

135. On non-compliance with any order made bv any Justices of

On non-compliance

with order, Ju~tices the Peace, undcr the provision hereof, on information laid at the may inflict punish-

instance of any Local Board, or by any person interested, any two or

ment.

more Justices of the Peace may order any sum of money to be paid by or to any such board or officer, or person, as compensation for any injuries sustained by reason of the non-compliance with any order, and may ordcr any ycrson to be imprisoned, either f ~ r a specified time, not exceeding six calendar months, or until the order aforesaid is obeyed, and such imprisonment may be ordered in addition to or without any order for payment of money as aforesaid; and on non-

- compliance with any order commanding anything to be done by a Local Board, any tvo or more Justices of the Peace may order the payment of any sum of money by, or the imprisonment of, any person who would, before the passing of this Act, have been liable to attachment, or subject to process of contempt for disobedience to any peremptory writ of mandamus issued out of the Supreme Court commanding the Road Board to do the act directed by such'order.

136. No

37' & 38" VICTORIB, No. 12.

The Main Roads Act.-1874.

PART xV1l-

136. No proceedings to try the title of any person to any office or place in, or in the gift of, a Local Board, shall. bc had or taken T;,, ,ithi, which

except upon an information laid within three calendar months from :{;	;"ngs	ms
the time at which the person whosc title is disputed was appointed or elected, or the cause arose by reason whereof such person shall be liable to be ousted, which shall last happen; and no proceedings to try the validity of any assessment, rate, or loan, shall be had or taken, except upon an information laid within three calendar months from the time at which notice of the assessment, ratc, or loan first appeared in the Government Gazette.

137. The proceedings hefore Justices shall be conducted as ap- PMceedinga before

pointed by, and shall be regulated under the Ordinance No. 6 of lated by Ordinance Justices to be regu-

1850, intituled U ,4n Ordinance to facilitate the performance of the No. 6 of 1860.

duties of Justices of the Peace, out of Sessions, with respect to

Summary Convictions and Orders."

138. There shall be an appeal from any order of Justices of the Appeal from order

Peace, made under the provisions hereinbefore contained, which ~ ~ ~ ~ l $ ; ~ ~ t O

appeal shall be to the Local Court of Adelaide, of full jurisdiction only, and the procecding of such appeal shall be conducted in manner appointed by the said Ordinance, No. 6 of 1850, for appeals to Local Courts, but the Local Court of Adelaide aforesaid may make such order as to payment of costs of appeal as they shall think fit, although such costs may exceed Ten Pounds.

Board, or the Commissioner of Main Roads, or any person authorised ing out of this Act, 139. If any person shall obstruct, or attempt to obstruct, a Local Obstlmtion to oarry-

by them or him, acting in the performance of any act or thing whatever which such Board, Commissioner, or person is authorised to do or perform under or by virtue of this Act, such person shall, upon con- viction, forfeit and pay, for every such offence, a penalty not exceed- ing Fifty Pounds.

140. No conviction, order, warrant, or other which Ppoceedifig not to be

shall be made, or shall purport to be made, by virtue, or in pursu- or sectea ay any void for want of form,

ance, or in execution of this Act, shall be quashed, or deemed to be misbke, therein.

void, or voidable for want of form, or be impeached or affected by

reason of any mistake, defect, or omission therein, provided the

person or property charged or intended to be charged or affected by

any such proceeding, be designated therein to common intent and

understanding, and such proceeding to be in substance and effect in

conformity with, or according to the intent and meaning of, the

said Act.

141. All proceedings under this Act, in so far as not otherwise Penaltiesanda~eals.

expressly provided, may be had and taken, and all summonses to parties and witnesses, and warrants (where necessary) for enforcing the same, may be issued and served or executed respectively, and all fines imposed, and all sums of money ordered to be paid, may be recovered before any two Justices; and every pe rsnn feeling aggrieved

180 37" & 38" VICTORIB, No, 12.

The Main Roads Act,-1874.

PART x m * by the imposition of any such fine, or by any conviction under this Act, shall be entitled to appeal therefrom in manner and form, and on the terms respectively which are prescribed by the laws of the Province in force for the time being, for regulating summary pro- ceedings before Justices of the Peace.

Appropriation of 142. All fines and penalties under this Act shall be paid, one

moneys. half to the informant or complainant, and the other half shall be paid to the Commissioner of Main Roads, or to the Local Board, as the case may be, in aid of the revenue of the Road District wherein the offence was committed, in respect whereof such fines and penalties became recoverable.

h to proceedingrr 143. All actions and proaec~tions to be cornnleiwed against any

against persons acting

under this A C ~.	person for anything done in pursuance of this Act, shall be corn- menced ~ttithin two calendar months after the fact was committed, and not otherwise, and notice in writing of such action, and of the
Botice of action,	cause thereof, shall be given to the defendant one calendar month at least before the commencement of such action; and in any such action the defendant may plead the general issue, and give this Act

Cfeneral issue, m d the special matter in evidence at at;y trial 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

'I'ender of amends;

sufficient sum of money shall have been paid into Court &er such action brought, by or on behalf of the defendant, together with the costs incurred up to that time; and if a verdict shall pass for the defendant, or the plaintiff become nonsuited, or discontinue any such action on issue joined, or if upon demurrer or otherwise judgment shall be given agamst the plaintiff, the defendant shall

If judgment bo'

recover his full costs, as between attorney and client, and have the

against plaintiff,

like remedy for the game as any defendant hath by law in other

cases.

Commeficement of 144. This Act shall commence and take effect from thc first day

Act. of July, one thousand eight hundred and seventy-five.

In the name and on behalf of Her Maje&y, I hereby assent to this Bill.

A. MUSGRAVE, Governor.

SCHEDULES

,37" & 3 8 O VICTORIB, No. 12.

The Main Roads Act.-1874.

SCHEDULES REFERRED TO.

FIRST SCHEDULE.

l

h'o. and Year of Act. Title of Act.

i

No. 17 of 1852	An Act for the making and improving of Roads in South Australia.
No. 13 of 1860	An Act to declare the Main Lines of Road in South Australia.
No. 11 of 1863	An Act to repeal an Act No. 17 of 1861, '' To amend an Act No. 17 of 1852

tbr the making and improving of R o d s in South Australia," and to make

1 other provisions in lieu thereof.

NO. 16 of 1865 An Act to amend an Act No. 13 of 1860, intituled "An Act to dcclare Main

Lines of Road i u South Auittralia."

Pu'o. 5 of 1865-6 1 A n Act to amend the Main Roads Amendment Act, 1865.

No. 15 of 1865-6 I An Act to amend an Act No. I7 of 1852, For tlic making and improving

of Roads in South Australia, and for other purposes."

NO. 17 of 1866-7 An Act tn authorise the raising u f moneys for the construction of Main Iloada.

NO.	27 of 1866-7	An Act to declme the Maiu Lines of Road in Port Lincoln and Port Augusta
1 District.

SECOND SCHEDULE.

1.-CENTRAL DISTRICT.

Commencing a t a point on the eastern shore of Gulf St. Vincent, true west of the south-we~terli corner of Section 4 14, Hundred of Port Ciawler; thence east to said

corner; thence in a north-easterly direction along the centre of the River Light to the western side of Main North Road near Sect;on 592, Hundred of Light; thence in a northerly direction along the western side of said road to the southern boundary of the Hundred of Oilbert; thence easterly along said boundary to its south-eastern corner; thence in a south-easterly and north-easterly direction along the south- weptern and south-eastern boundaries of the Hundred of Kapunda to the north corner of the Hundred of Belvidere; thence easterly along the northern boundary of

the Hundred of Belvidere, and northerly along the western boundary of the Hundred

of I h t t o n, to its north-western corner; thence east to the north-eastern corner of the

Hundred of Dutton and south to the north-western corner of the Hundred of Anna; thence e a ~ t along the northern boundaries of the Hundreds of Anna and Skurray to the centre of the River Murrzy; thence in a southerly direction following the centre of the river, and south-westerly along the ~011th-eastern boundaries of the Counties of Sturt and Hindmarsh to the seacoa~t; thence in a westerly, and northerly direc- tion alung the seacoast to the point of commencement.

2.-MIDLAND DISTRICT.

Comprising the Electoral Districts of Wooroora and Light, excepting that portion comprised in the Central District, the Hundreds of Stuart, Saddleworth, Apoinga, Kooringa, and Hanson; those portions of the Hundreds of Waterloo and Stanley included in the Electoral District of Burra; that portion of the Hundred of King- ston south of the northern side of road south of Sections 132, 275, and 358; that portion of the County of Burra south of a true east line running from the south- eastern corner of the latter Section to the eaatern boundary of said County; and all that portion of the Electoral District of Yatala north of the Itiver Light.

3.-PENINSULA DISTRICT.

Coml:rising the whole of the Electoral District of Wallaroo.

I.--SORTH

37" & 38" VICTORIB, No. 12.

The Main Roads Act.-1874.

4.-NORTH DISTRICT.

Comprising t h o ~ e portions of the Electoral Districts of Burra and Flinders north

of the County of Victoria; west of the east boundary of County Dalhoueie and its pro- duction north to a point true e a ~ t of Patawarta Trigonometrical Station; south of a true west line from said point to the eastern shcre of Lake Torrens, and east of Lake Torrens; east of the Lakes south of Lake Torrens, and east of Spencer's Gulf.

6.-NORTH MIDLAND.

Comprising the Electoral District of Stanley, the Hundreds of Ayer~, Anne, Rey-

nolds, Whyte, Belalie, and Caltowie; tho County of Kimberley, and that portion of

the County of Burra north of District No. 2,

6 .FLINDERS DISTRICT.

Comprising the County of Flinders and all that country lying to the south and west of a line drawn from the north end of Streaky Bay to Parla Trigonometrical Station; thence to Mount Southam, thence to Darke's Peak, and thence true east to the western shore of Spencer's Gulf.

Comprising the whole of the Electoral District of Victoria.

Comprising the whole of the Electoral District of Albert.

THIRD SCHEDULE.

Main &ads.

1. Qlenelg Road.-From the junction of South and Wsst-terraces, Adelaide, to

ea~ te rn boundary of Qlenelg Municipality.

2. Port Road.-From the junction sf North and West-terraceil, Adelaide, to the

south-eastern boundary of Port AdelGde Municipality.

3. LeFeure's Peninsula Road.-From the western boundary of Port Adelaide

Municipality to the Semaphore Jetty.

4. Grand Junclion Hotel and Port Cauaeway Road,-From Grand Junction Hotel,

on the North Road, to the north-east angle of Alberton, thence to the Causeway on

the Port Road.

5. From Thebarton Bridge, by the Hearbinnhand and Grand Junction, by Smith* field and Ctawler, to Kapun&a, t~id Sheaoak, Daveyston and Greenock,

6. Dry Creek Road.-Old North Road, from O'Connell-street, North Adelaide, by

the Windmill Corner, by Qepp's Cross, to the Junction of the Main North Line a t

the Dry Creek.

7. Qepp's Cross and Por t Gawler Road.-Port Oawler Road, from Gepp's Cross

to Waterloo Inn.

8. Adelaide and Port WakeJie1d.-From Adelaide, by Virginia Bridge to Port

Wakefield.

9. Virginia Brirtge Road.-From Railway Btation, Salisbury, by Virginia Bridge

to TWO	Wells, and Mallala, and the Redbanksl, with branch from Two Wells to Port
Gawler.

10. Okd North Road.-From Gawler, by Templer's, Light Bridge, and Forrester's

to Auburn.

11. From Bawler Railway Station, vid Willaston, to Pinkerton's Plains.

12. From Wasley's Railway Station to the Redbanks.

13. From Hamley Railway Station, v i a Alma Plains Post Office, to Balaklava Railway Station, and from Stockport Railway Station to Anstey's Corner.

14. From Railway Station, Kapunda, to Kooringa, uid the Railway Station, and fifty miles north, via Mount Bryan and Gottlieb's Wells. -

15. From Kapunda Railway Station to the Railway Station at Tarlee.

16. From Black Springs to Manoora Railway Station; from Mintaro Railway

Station, vid Leasingham, to Hoyleton Railway Ptation.

17. From Farell 's Flat Railway Station to Clare.

18. From Farrell's Flat Railway Station to Booboorowie, and thence by Candwie, James Town, and Caltowie to the Stone Hut,

19. Form

37" & 38" VICTORIE, No. 12.

The Main Roads Act.-1874,

19. From Marrabel to Riverton Railway Slation thence to Rhynie.

1 9 ~. From Marrabtbel to Saddleworth, to connect the Old North Road.

20. From Saddleworth Railway Station, vid Auburn and Clare, to Melrose, vid

Yacka, Qeorge Town, and Laura.

21. North Road fNorth-Eastern Brtnnchj.-From Railway Station, Freeling, to

Blanchetown, through Greenock and Truro.

23. Angaston Branch.-Prom near Nuriootpa, on the north-eastern branch of the

North Road, through Angaston to Pr'orth Rhine River a t Section 450, Hundred of

North Rhine, and thence to Sedan.

23. Angaston Branch to Sozcth Rhine.-From Petra'e Corner, by Section 431,

through Terrawatta, up Flaxman's Valley, to Young's Corner, and to Section 583.

24. Kupunda nnd Truro Bead.-From Kapunda to Truro.

25. Kapzmda and North-7Vest Bend Road.-From Kapunda to North-West Bend,

vid Bagot's Well, Handsborough, Eudunda, Point Pass, and Robertstown, with a

branch to Government Well.

26. Lyndoch Valley Road.-From Railway Station, Gawler, across South Para

Bridge, to Lyndoch valley and Tanunda, to join Blanchetown Road, No. 21, a t or near Nuriootpa.

27. M o m t Crawforcl B~anch,-From near Sandy Creek and Lyndoch Valley Road

by Mount Cramford, to South Hhine, with branch from Williamstown to Blumberg.

28. North-Eastern Road.-From the junction of North and East-terraces, Ade-

laide, to the Rivcr Murray, uid Teatree Gulley, Gumeraeha, and Stony Cleek, with

brlrnch through Golden Grove, vid Snake Gully, to Sampson's Flat.

29. D r y Creek BrancS.-From Teatree Gully, vid the tenth mile-stone, on the

North-Hastern Road, South Branch, until it joins main line near Grand Junction Hotel.

30. Smithjield Brcnch.-From Railway Station, Smithfield, by Maidstone, to join

Nnrth-Eastern Road, No. 28, at l'hilp Town, Chain of Ponds.

31. North-Eastern Road fSoufh Braozrh).-Diverging from the North-East Road,

a t the boundary of the Park Lands, a t Bailey's Garden, by MacDonnell Bridge, to

join the Main North-Eastern Koad, NO. 28, a t Inglewood.

32. Stony Creek Branch.-Frnm Stony f'reek, by Mount Pleasant, to South Rhine. 38. Continuation of Stony Creek Bm~zch.-From Howard's Corner, South Rhine,

by Eden Valley to E'laxman'~ Valley,

34. From Kelneton to Eden Valley, and thence to Junction with Sedan Road.

35. Murray R a t s Branc1~-From termination of Main Road, No. 34, vid Sedan,

to the Murray Flats.

36. Maidstone Branch.-From No. 30 Main Road, near Maidstone, to No. 27

Main Road, near Milliamstown.

37. Main f i s t e m Road.-From the Maid and Magpie, through Magill, Lobethal,

and Mount Torrene, till it joins No. 28, near the twenty-eighth mile-post.

38. Balhalzna Koad.- The Cfrecn Hill Road, from the south-east corner of the

City of Adelaide, by way of the Green Hill, to Balhannah.

39. Road running northwards from tht: Glen O ~ m ~ n d s o a d a t the junction of the

new Lunatic Asylum grounds to the junction of DcQuetteville-terrace and Brownhill

Creek Road, Kent Town.

40. From near the nineteenth mile-post on the North-Eastern Road, vid Cudlee Creek, and Lobethal, to join Road Nu. 50.

41. Sowh-Eastern Road.-From South-telrace, Adelaide, vid Glen Osmond,

Crafers, Echunga, with a branch from Echunpa to Hahndorf, and a branch from Echunga to Mount Rarker, Macclesfield, Strathalbyn, and Langhorne's Bridge, by IVellington, to Meningie.

42. From Meningie to Kingston, Lacepede Bay, and thence to Robe, Guichen Bay. 43 From Robe to Naracoorte.

44. From Robe to Penda, and thence to the Border.

45. From Naracoorte to Penola, Gambierton, and MacDonnell Bay.

46. From Mount Gambicr to Millicent, and thence to crouth end of Rivoli Bay.

47. Prom Mount Oambier to the Border, near Lindsny.

48. Arairne Branch -From a point on the South-Eastern Road, near the twelfth

mile-post, vid Hah tdorf, Littlehampton, Rlakiston, Na~rne, Kanmantoo, and Calling- ton, to the River Murray Bridge, crossing the said bridge, and on to the road from Wellington to Meningie, with a branch from Nairne to Wuodside.

49. Mount Barker Branch.-From a point near the twentieth mile-post, on the

Nairne Branch, via Mount Rarker, Bugle Ranges, and bridge a t Crosds, to meet the road from Strathalbyn to Wellington, with branch from Strathalbyn to Callington.

50. From junction near fifteenth mile-poet on Naiipe Branch, stid Balhannah, Qdkbank, and Woodside, to join Main Eastern Ragd, No. 87. 51. MiZang

37" & 38 VICTORIB, No, 12.

The Muin Reads Act.-1874.

51. 1Wilang Bncnch.-From a point on the South-Eastern Road, ncar Belvidere,

to Milang.

52. From Fords Railway Station to the junction of No. 5.

53. From near tte twenty-ninth mile-post on the Mount Barker Branch to the

South-Eagtern Road, No. 41, Lnnghorne's Bridge.

54. Mendozos RrancR.-From	Echunga to Bull's Creek Road at the Meadows.
55. Bull's Creek Road-From	South-terrace, Adelaide, to Qoolwa, via Unley, the

foot of Shepley's Hill, Coromaudel Valley, Clarendon, Meadows, and Rull's Cleek.

66. Stvathalbyn Branch.-From Strathalbyn to junction with Bull's Crcek Road,

No. 55, near Currency Creek.

57, Happy CTalley Branch.-From near Clarendon to junction with South Road,

No. 60, at O'Halloran Hill.

58, Kangurilla and McLnren Vole Road.-From Bull's Creek Road at Kangarilla,

to Willunaa Branch of Main South Road, No. 60, at McLaren Vale.

69. Lower Meadows and Willunga Road.-The Lower Meadows Road, from its

j w c ion with Rull's Creek,Main Road, No. 55, near McHargls Creek, to Willunga.

6C. South Bead.-From Black Forest Inn, Glenelg Boad, to Cape Jarvis, via Mudge's Corner, and through or by Noarlunga, Aldinga Plains, Grant's Corner, and Yankalilla.

61. From S ~ c o n d Valley Township to the jetty a t Secorrd Valley.

62. W7iZlunga Branch,-From junction near Noarlurlga to Willunga, and thence

by way of, or by, the Cut Hill and Hindmarsh Valley to Yort Elliot, and from the

fifty-third mile-post to Port Victor.

63. P o r t JVillunga Branch.-From the Township of TVillunga, to Pntt Willunga.

64. On the South Road.-From Br) ant'^ Corne: to the Yankalilla Jetty.

65. P o r t Noadunga Branch.-From Main Sruth Road, No. 60, near Noallunga,

to Port Noarlunga.

66. From Page's, Willunga, to Main South Road, a t or near Myponga.

67. Encounter Bay Branch.-From junctian with South Road, KO. 60, near Yan-

kalilla, to Victor IIarbor.

68 Port Adelaide and Tapley's IMl Road.-From the foot of Tapley's Hill,

oiii Glenelg, to l'ort Adelaide.

&g. From the Foreet Inn, on the South Road, to the Yort Road, at or ncar Thebarton.

70. From Port Lincoln to Frankliv Harbor, vid Turnby Bap.

71. From Pm t Lincoln to Streaky Bap, via Lake IVangary and Warrow.

72. From Port Augustal by way of Horrocks Pass, Beautiful Valley, and Spring Creek, to hfel~ose.

73. From Port A~lguata, by way of Stirling, Pichirichi Pass, to Willochrd.

74. From Port Auguata, by way of Western Plains, to Parachilna.

75. Peninsula Road.-From Kadina, via Moonta, Rlaitland, Minalcowie, and

Weaner'$ E'lat, to Edithburgh, with branch from Moonta line to IZalkabury.

76. From Moonta to Green's Plains,

77. From Tiparra to KalkaLury.

78 From Minalcowie to Harclwicke Bay, and thence to Sturt Bay.

79. From Weaner's Flat to Stansbury.

80. From wean er'^ Flat to Waterloo Bay.

81. From kadina to Wallaroo.

82. From Wallaroo to Moonta.

83. From Moontd to Moonta Bag.

84. Barunga Road.-From Harunga Head Station, keeping to the westward of

Bumbunga Lake, vid Ninnee' Plains, to join the Moonta Road at G~t tm ' s Plains.

86. From Naracoorte to Border Town.

86. From Krwpunda Railway Station, vid Trevena's, to Rankine's Corner,

87. Alorphelt Vale Branch.--From the Happy Valley Road, at the foot of

Chandler's Hill, by Morphett Vale to Port Noarlunga.

88. From Naracoorte to the Border, near Apsley.

80. From Road, No. 10, via Gtreen'e, to the Freeling Railway Station.

90. Mea&ows and IVillunga, Branch.-From the Bull'a Creek Road, at Section

8450, Meadows, to the Willunga Road, at or near Section 3400, Hundred of Kuitpo.

91. MaccjesjeM Branch.-From the Main Bull'a Creek Road at Meadows Town-

sbip to Macclesfield.

92. Road from Kooringa, uid Baldina, to the North-West Bend.

03. From Mount Pleasant to South Petherton.

04. From Wiliochra, by way of Kanyaka and Blinman to Cadnia.

FOURTH

- 37' & 38' VICTORPX, No. 12.

The Main Roads Act.-1 874.

FOURTH SCHEDULE.

Form of Nomination.

The day of 18 .

We the [Corporation or District Council of ] voters of the Road

District of do hereby nominate [stating Chridian and surname

of as a candidate [or candidates1 for the office of Member [or Members 3

of the Local Board of the said Road District and we do give votes for

[or for each of the said] the said	our annual assessment being 3	.
(Signed)

FIFTH SCHEDULE.

Agreement made pursuant to the Main Roads Act, 1874, between thc undcrsigned the Local Board of Main Roads for the District of, or the Commissioner of Main Roads [as the case may be], of the one part, and [owner of the land to be taken in exchange], of, and [occupier,

if any, other than the owner], of , of the other part.

Whereas the said is the owner [ o r the owner and occupier],

[and the said is the occupier] of a piece of land situated at LAere

describe the Zand to be taken in mcha?zge], and it is considered expedient that the road [or part of a road] situate at [here descrihe the road or part of a road] should be

exchanged for the land first described, it is hereby agreed that such exchange shall be made, and that the said shall pay to the said the sum of, for equality of exchange :' Provided that if no order shall bc made and confirmed in manner and within the period by the said Act prescribed, this agreement shall be void.

Dated the day of , one thousand eight hundred and

.Rece+t to be endorsed.

We, the within named, do hereby acknowledge to have duly received from the

within mentioned	,	the sum of	, within agreed to be
paid for eqnality of exchange.

Dated the day of , one thollsand eight hundred and

SIXTH SCHE13ULE.

No. l .-Order to opew New Roads.

Whereas at a meeting duly held under the provisions of the Main Roads Act, 1874, this day of , 18 , i t appears to us, the

Local Board of Main Roads for the District of [or to me, the

Commissioner of Main Roads], that it is expedient and necessary that the lands hereinafter described should be opened as a new line of road, and it having been proved to us [or me] that the notice required by the said Act has been duly given, and that all other requirements thereof have been complied with, and no valid objection to the opening of such new line of road having been made: Now, there- fore, we [or I] do hereby, by virtue of the powers given to us [or me] by the said Act, order that all that [here describe the Zand aa fuzzy as in the notice, and aZso by

reference to the plart deposited wi th the Szcrveyor-General] shall be forthwith made

and opened as a new line of road.

Dated this day of , one thousand eight hundred and

No. 2.-Order to cloae Old Roacle.

Whereas at a meeting held under the provisions of the Main Roads Act, 1874,

this	day of, eighteen hundred and
, i t appears to us, the Local Board of Main Roads for the

District of [or to me, the Commissioner of Main Roads], that the piece of lands hereinafter mentioned and heretofore used as a road is no longer required for such purpose, and i t having been proved before

the notice required by the said Act has been duly given, and that all

ments thereof have been complied with, and no valid objection to the closing of such

AI road

136 37" & 38' VICTORIB, No. 12. -. ---

The Main Roads Act.--1874.

-

road having been made: NOW, therefore, we [or l] do hereby, by virtue of the

powers given to us [or by the said Act, order that all that [here &scribe the

mad to be discontinued as in the notice, and also by reference to the plan deposited with the Surveyor-General] shall henceforth be diecontinued and cease to

be used as a road [if the old road has becn agreed to be sold add] and we do further order that the said piece of lam1 shall be sold to, for the sum

of , and that the same shall be vested in him, his heirs and assigns,

and we do further order that the said piece of land shall be sold and vested in thc for ever [if the old road has not been agreed to he sold, instead of the above substitute]

purchaser, his heirs, or assigns [or we do further order that the said piece of land

shall bc sct apart and dedicated to the use of the said District of, 01'

the Municipal Corporation of the Town of , [as the case may be.]

No. 3.-Order to opera lLTetu and exchange Old Roails.

P Whereas at a meeting duly held under the provisions of the Main Roads Act,

1874, this day of, one thousand eight hundred and

, i t appears to us, thc Local Board of Main Roads for

the District of [or to me, the Commissioner of Main Roads], that it is expedient and necessary that the lands hereinafter firstly described should be opened as a new line of road. and that the lands hereinafter secondly dcscribcd are no longer required for the purposes of a road; and it having been proved before us ;or me] that the notice required by the said -4ct bas been duly given, and that all other requirements thereof haw been complied with, and no valid objection to the opening of such new line of road or to the cEosing of such old road having been made: Now, therefore, we [or I] do hereby, by virtue of the powers given to us

[or me] by the said Act, order that all thst [here describe the piece of land to be opened as a road as fully as i?z the notice, and by reference to the ylmz deposited with the Surveyor-General] shall henceforth be discontinued and cease to be used as a

used as a road shall be exchanged with far the piece of land firstly	road; and we Cot' I j further order that the piece of land lastly described and heretofore
described, and that the same shall be vested in the said , his heirs and
assigns for ever. [If any money i:, to be paid cm sither side hy way of ~ ~ u a l i t ~ ?f
exchange, alter the form accordingly.?

Dated this day of , one.thousand eight hundred and

Notice is hereby given that by order, dated the day of

18, the [here describe whether the Loco2 Board have mude order] that [ l w e give a

general descri;ption of the nature and efect of the order] : His Excellency thc Governor

hns been pleased to confirm the said order, and to direct that the Commissioner of Crown Lands shall issue certificate of title to the person entitled respcctivclj;' @ the

lands mentioned in such order.

Dated the day of , 18.

Note.-The above forms are given as a guidc in drawing up orders, a i d are to be

adhered to as far as practicable; but they may be departed from should the circum-

stances of any paxticular caee render& necessary.

'1

?L3& '

",I

SEVENTH SCHEDULE.

C'erlzjcate of Title by the C'oommissionq -- of Crown Lnndr.

S o u r ~ AUSTRALIA.

Pursuant to the Main Roads Act, 1874, and of a i k d e r of the Local Board of Main Roads fm the District of [or Commissioner of Main

Roads as the case may be], made on the day af

18., in consideration of Poundti

h> .c$ paid

by to the said Local Board fdr the ~ i i t r i c t

of * -

..

.- 37" & 38' VICTORIE, No. 12,

The Mah Roods Act.-1874.

of , [or to the Commissioner of Main Roads as the case may

be], I , Commissioner of Crown Lands of this Province,

do hereby certify that	is now seised of an estate in fee simple in
that [here describe the road to be conveyed.]

EIGHTH SCHEDULE.

LYertaJicate of Title hy Commissioner of Crown Lancls under Road Order

SOUTH AUSTXALIA .-Register book, vol. , folio

1, , Commissioner of Crown Lands, of t,he said Province,

pursuant to the direction of His Excellency the Governor, published in the Gouern- meszt Gazette of day of in confirming a road order made

by therein referred to, dated the day of 3

do hereby certify that	is [or are] now seised of an estate in fee simple
in that

-

Adelaide : By authority, E. BPII.WR, Acting Ctovernment Printer, North-terrace.